# ARIZONA DEPARTMENT

OF 

# ENVIRONMENTAL QUALITY

1110 West Washington Street • Phoenix, Arizona 85007

(602) 771-2300 • www.azdeq.gov Janice K. Brewer
Governor Henry R. Darwin
Director



# SE P 0- 6 2013

Mr. Jared Blumenfeld, Regional Administrator U.S. Environmental Protection Agency, Region IX Mail Code ORA-1 75 Hawthorne Street San Francisco, CA 94105

RE: Supplemental Information to the 2012 New Source Review State Implementation Plan Submission


# 36ore-A

Dear Mr. B menfeld:

Consistent with the provisions of Arizona Revised Statutes §§ 49-104, 49-106, 49-404, 49-406 and 49- 425 and the Code of Federal Regulations (CFR) Title 40, §§ 51.102 through 51.104, the Arizona Department of Environmental Quality (ADEQ) hereby adopts and submits to the U.S. Environmental Protection Agency (EPA), the provided supplemental information to the "State Implementation Plan — New Source Review."

ADEQ submitted the original SIP revision on October 29, 2012. That version included the most recent revisions to the New Source Review (NSR) program in the form of the Notice of Final Rulemaking (NFRM) published in the Arizona Administrative Register on July 6, 2012. Those revisions became effective on August 7, 2012. The SIP revision also included rules that were not amended by the NFRM and existing Arizona statutes.

This supplemental information to the SIP includes certified copies of the rules and statutes that were included in the original SIP revision. The table below, which is also included in the original SIP revision as Table 2-1, contains all the rules and statutes that are being submitted and/or replaced. As explained in the original SIP submission, rules identified by italics are applicable to both new and existing sources but are being submitted solely for purposes of major and minor NSR.

Southern Regional Office 400 West Congress Street • Suite 433 • Tucson, AZ 85701 (520) 628-6733

Printed on recyc%d paper

## Jared Blumenfeld

Page 2 of 7

Rules to Be Added to and Removed from the SIP



## Rule or Statute Added SIP Rule(s) Replaced Amended by NFRM i

A.R.S. § 

## 49-402. State and county R9-3-1101. Jurisdiction No control

A.R.S. § 

## 49-426(F). Permits; duties R9-3-306(J). Operating Permits No of director; exceptions; applications; objections; fees

Permit term subsection

R18-2-101. Definitions R9-3-101. Definitions (also Yes replaced by R18-2-301, R18-2- 401 and R18-2-701)

R18-2-102. Incorporated Materials R9-3-310. Az Testing Manual for Yes Air Pollutant Emissions

R18-2-201. Particulate matter: R9-2-201. Particulate Matter Yes PM10 and PM2.5 R9-3-218. Violations

R18-2-202. Sulfur oxides (sulfur R9-3-202. Sulfur Oxide (Sulfur Yes dioxide) Dioxide)

R9-3-218. Violations

R18-2-203. Ozone: 1-hour standard R9-3-204. Ozone Yes and 8-hour averaged standard R9-3-218. Violations

R18-2-205. Nitrogen oxides R9-3-206. Nitrogen Dioxide Yes nitro en dioxide) R9-3-218. Violations

R18-2-206. Lead R9-3-207. Lead Yes

R9-3-218. Violations

R18-2-210. Attainment, R9-3-217. Attainment Areas: Yes Nonattainment, and Classification and Standards Unclassifiable Area Designations (subsection A)

R18-2-215. Ambient air quality R9-3-215 No monitoring methods and procedures

## Jared Blumenfeld

Page 3 of 7

Rule or Statute Added SIP Rule(s) Replaced Amended by NFRM

R18-2-216. Interpretation of R9-3-216 No Ambient Air Quality Standards and Evaluation of Air Quality Data

R18-2-217. Designation and None No Classification of Attainment Areas

R18-2-218. Limitation of R9-3-217. Attainment Areas: Yes Pollutants in Classified Classification and Standards Attainment Areas (subsection B)

R18-2-301. Definitions R9-3-101. Definitions (also Yes replaced by R18-2-301, R18-2- 401 and R 18-2-701)

R18-2-302. Applicability; R9-3-301. Installation Permits: Yes Registration; Classes of Permits General (subsections A and B)
R9-3-306 Operating Permits (subsection A)

R18-2-302.01. Source Registration None Yes Requirements

R18-2-303.Transition from None Yes Installation and Operating Permit Program to Unitary Permit Program; Registration transition; Minor NSR transition

R18-2-304. PermitApplication R9-3-301. Installation Permits: Yes Processing Procedures General (subsections E, I, M-P)
R9-3-306 Operating Permits (subsections C-F, I)
R9-3-318. Denial or revocation of installation or operating permit (subsection A, C)

## Jared Blumenfeld

Page 4 of 7

Rule or Statute Added SIP Rule(s) Replaced Amended by NFRM

R18-2-306 Permit Contents R9-3-301. Installation Permits: No General (subsections C, D, G, H)
R9-3-306 Operating Permits (subsections B, G)

R9-3-308. Permit Conditions

R18-2-310.01. Reporting R9-3-314. Excess Emissions Yes Requirements Reporting (amendingSIPapproved rule)

R18-2-306.01.Permits Containing None No Voluntarily Accepted Emission Limitations and Standards

R18-2-306.02. Establishment of an None No Emissions Cap

R18-2-315. Posting of Permit R9-3-315. Posting of Permits No

R18-2-316 Notice by Building R9-3-316 Notice by Building No Permit Agencies Permit Agencies

R18-2-319. Minor Permit R9-3-301. Installation Permits: Yes Revisions General

R18-2-320. Significant Permit R9-3-301. Installation Permits: Yes Revisions General

R18-2-321. Permit Reopenings; R9-3-318. Denial or revocation of Yes Revocation and Reissuance; installation or operating permit Termination (subsection B, C)

R18-2-323. Permit Transfers R9-3-317. Permit Non- No transferrable; Exception

R18-2-330. Public Participation R9-3-301. Installation Permits: Yes General (subsections J-L)

## Jared Blumenfeld

Page 5 of 7

Rule or Statute Added SIP Rule(s) Replaced Amended by NFRM

R18-2-332. Stack Height None No Limitation

R18-2-401. Definitions R9-3-101. Definitions (also Yes replaced by R18-2-301, R18-2- 401 and R18-2-701)

R18-2-402. General R9-3-301. Installation Permits: Yes General (subsection C(2), Q)
R9-3-307. Replacement

R18-2-403. Permits for Sources R9-3-302. Installation Permits in Yes Located in Nonattainment Areas Nonattainment Areas

R18-2-404. Offset Standards R9-3-303. Offset Standards Yes

R18-2-405. Special Rule for Major None Yes Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe

R18-2-406. Permit Requirements R9-3-304. Installation Permits in Yes for Sources Located in Attainment Areas Attainment and Unclassifiable Areas

R18-2-407. Air Quality Impact R9-3-301. Installation Permits: Yes Analysis and Monitoring General (subsection F) Requirements R9-3-305. Air Quality Analysis and Monitoring Requirements

R18-2-409. Air Quality Models R9-3-311. Air Quality Models No

R 18-2-412. PALs None Yes

R18-2-502. General Permit None Yes Development

### Jared Blumenfeld

Page 6 of 7



## Rule or Statute Added SIP Rule(s) Replaced Amended by NFRM

R18-2-503. Application for None Yes Coverage under General Permit

R18-2-504. Public Notice None No

R18-2-505. General Permit None Yes Renewal

RI8-2-512. Changes to Facilities None Yes Granted Coverage under General Permits

R18-2-513. Portable Sources None Yes Covered under a General Permit

R18-2-701. Definitions R9-3-101. Definitions (also Yes replaced by R18-2-301, R18-2- 401 and R 18-2-701)

None R9-3-319 Permit Fees No
Appendices 4 and 5
No longer required under Clean Air Act § 

### 110(a)(2)(L)

None R9-3-322 Temporary Conditional No Permits
Program no longer administered by ADEQ. Not necessary to meet 

## NSR or other Clean Air Act requirements.

Also enclosed with this letter is a strikeout version of the certified rules and statutes.

I am submitting this supplemental information to the SIP in my capacity as Director of the ADEQ Air Quality Division pursuant to the attached delegation of authority from Henry R. Darwin, ADEQ Director.

### Jared Blumenfeld

Page 7 of 7

If you have any questions about this submission, please contact me, at (602) 771-2288.

Sincerely,

~



### Eric Division

losures (4)



### Cc (via email): Matt Lakin, EPA Region IX

Colleen McKaughan, EPA Region IX Lisa Beckham, EPA Region IX Andrew Chew, EPA Region IX Laura Yannayon, EPA Region IX Wienke Tax, EPA Region IX

### O~

Janice K. Brewer Covernor 

# A.RIZONA DEPARTMENT OF 

# ENVIRONMENTAL QUALITY

1110 West Washington Street • Phoenix, Arizona 85007

(602) 771-2300 • www.azdeq.gov 

# ~ O a 0

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''7a2V'cA Henry R. Darwin Director



## February 25, 2011

TO: Eric Massey Division Director Air Quality Division

Under A.R.S. §49-104(D)(2),1 authorize you,.Eric Massey, Division Director, Air Quality Division, Arizona Department of Environmental Quality, to perform any act, including execution of any pertinent documents, which I as Director of the Arizona Department of Environmental Quality am authorized or required to do by law with respect to A.R.S. Title 49, chapters 1 and 3 and any other acts relating to air quality including personnel actions. This authority shall remain in effect until it is revoked or you resign. You may fttrther delegate this authority in the best interest of the agency, however, those delegations must be in writing and you must forward a copy of any further delegations to me.

This delegation is effective February 25, 2011. l ratify all acts performed by you as Air Quality Division Director concerning the duties and functions in this delegation letter.

Henry R.arwin Director

Northern Regional Office Southern Regional Office 1801 W. Route 66 • Suite 117 • Flagstaff, AZ 86001 400 West Congress Street • Suite 433 • Tucson, AZ 85701

(928) 779-0313 (520) 628-6733

Printed on recyc%d paper

## STATE OF ARIZONA ) ) ss: 

## COUNTY OF MARICOPA )

I Barbara Howe hereby certify:

Name



## That I am Law Reference Librarian of the Arizona State

Title/Division 

## Library, Archives and Public Records of the State of Arizona;

That there is on file in said Agency the following:

A.R.S.§§ 49-204 and 49-426



## The reproduction(s) to which this affidavit is attached is/are a true and correct copy of the document(s) on file.



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## Subscribed and sworn to before me this n

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# REVISED STATUTES

Sections 44-101 to 49-End



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§ 49-3 91

o f,ocal enforcement of water pretreatment requirements; civil penalties
A. A city, town, county or sanitary district ofthis state may adopt, amend or repeal any ordinances necessary for irriplementing and enforcing the pretreatment requirements under the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code §§ 1251 through 1376), as amended, and

. enforce the ordinances by imposing and recovering a civil penalty of not more than twenty-five thousand do1- lars for each violation as prescribed by this section. For continuing violations, each day may constitute a separate offense.

B. A city, town, county or sanitary district shall not receive civil penalties under this section if an interested person, the United States, this state, or another city, town, county or sanitary district has received civil penalties 

## or is diligently prosecuting a civil penalty action in a court of the United States or this state, or in an administrative enforcement proceeding, with respect to the same allegations, standard, requirement, or order. This state, and any city, town, county or sanitary district of this state that is or znay be affected by a civil, judicial or administrative action, may intervene as a matter of right in any pending civil, judicial or administrativeaction for purposes of obtaining injunctive or declaratory relief.
C. The city, town, county or sanitary districtmay seek compliance with pretreatment ordinances and recovery of the civil penalties provided by this section either by an action in superior court or by a negotiated settlement agreement. Before aconsent decree filed with superior court or a negotiated settlement becomes final, the city, town, county or sanitary district seeking compliance shall provide a period of thirty days for public comment. In determining the amount of a civil penalty the court and the city, town, county or sanitary district shall consider:

1". The seriousness of the violation.

2. The economic benefit, if any, resulting from the violation.

3. Any history of such violation.

4. Any good faith efforts to comply with the applicable requirements.

5. The economic impact of the penalty on the violator.

6. Such other factors as justice may require.

D. In addition to the remedies provided in thissection, enforcement of such ordinances may include injunctive or other equitable relief.

E. All monies collected pursuant to an ordinance adopted under this section shall be deposited with the respective city, town, county or sanitary district. Added by Laws 1990, Ch. 300, § 1. Ainended by Laws 1993, Ch. 46, § 1.

CHAPT]ER 3

AIR QgJAI.ITS.'

ARTICLE 1. GENERAL PROVISIONS
Section 49-401. Declaration of policy. 49-401.01. Definitions. 49-401:01. Definitions. 49-402. State and county control. 49-403. General permits and individual permits; issuance; definition. 49-404. State implementation plan. 49-405. Attainment area designations. 49-406. Nonattainment area plan. 49-407. Private right of action; citizen suits. 49-408. Air quality conformity; definition. 49-409. Chlorofluorocarbons; permitted use; retaliation prohibited. 49-410. Arizona emissions bank; program termination. 49-411. Particulate measures; cities, towns, counties, departments; implementation; report. 49-411.01. Renumbered. 49-412. Alternative fuel delivery systems; standardized waivers. Section 49-413. Clean burning alternative fuels; public refueling. 49-414. Renumbered. 49-414.01. Renumbered.

ARTICLE 2.. STATE AIR POLLUTION CONTROL

49-421. Definitions. 49-422. Powers and duties. 49-423. Repealed. 49-424. Duties of department. 49-425. Rules; hearing. 49-426. Permits; duties of director; exceptions; applications; objections; fees. 49-426.01. Permits; changes within a source; revisions. 49-426.02. Permit shield. 49-426.03. Enforcement of federal hazardous air pollutant program; definitions. 49-426.04. State list of hazardous air pollutants. 49-426.05. Designation of sources of hazardous air pollutants.

### 1721 AIR QiTALI'I'I'

Section 49-426.06. State program for control of hazardous air

pollutants. 49-426.07. Imminent and substantial endangerment. 49-426.08. Research program on hazardous air pollutants. 49-427. Grant or denial of applications; revisions. 49-427. Grant or denial of applications; revisions. 49-428. Appeals of permit actions. 49-429. Permit transfers; notice; appeal. 49-430. Posting of permit. 49-431. Notice by building perniit agencies. 49-432. Classification and reporting; confidentiality

of records. 49-433. Special inspection warrant. 49-434. Repealed. 49-435. Hearings on orders of abatement. 49-436. Repealed. 49-437. Conditional orders; standards; rules. 49-438. Petition for conditional order; publication;

public hearing. 49-439. Decisions on petitions for conditional order;

terins and conditions. 49-440. Term of conditional order; effective date. 49-441. Suspension and revocation of conditional

order. 49-442. Appeal of county decisions. 49-443. Court appeals; procedures. 49-444. Notice of hearing; publication; service. 49-445, 49-446. Repealed. 49-447. Motor vehicle and combustion engine emission; standards. 49-448. Limitations. 49-449 to 49-452. Repealed. 49-453. Air quality impact reports; filing. 49-454. Adjusted work hours. 49-455. Permit administration fund. 49-456. Technical assistance for sma11 business;

compliance advisory panel. 49-457. Agricultural best management practices

committee; members; powers; permits; enforcement; preemption; definitions. 49-457.01. Leaf blower use restrictions and training;

leaf blower equipment sellers; informati.onal material; outreach; applicability. 49--457.02. Dust-free developments program; certification; seal. 49-457.03. Off-road vehicles; pollution advisory days;

applicability; penalties. 49-457.04. O£f-highway vehicle and all-terrain vehicle

dealers; informational material; outreach; applicability. 49-457.05. Dust action general permit; best management practices; applicability; definitions. 4 9-458. Regional haze program; authority. 49-458.01. State implementation plan revision; regional haze; rules. 4 9-460. Violations; production of records. 49-461. Violations; order of abatement. 4 9-462. Violations; injunctive relief. 4 9-463. Violations; civil penalties. 4 9-464. Violation; classification; penalties; definition. 4 9-465. Air pollution emergency. 4 9-466. Precedence of actions. 4 9-467, Preservation of rights. Section ARTICLE 3. COUNTY AIR POLLUTION CONTROL
49-471. De£initions. 49-471.01. Regulatory bill of rights. 49-471.02. Fees; express authority. 49-471.03. Inspections. 49-471.04. Notice of proposed rule or ordinance making. 49-471.05. Contents of preamble. 49-471.06. Public participation; written stateinents;

oral proceedings. 49-471.07. Time and manner of rule or ordinance making. 49-471.08. Expedited rule or ordinance making. 49-471.09. County rule or ordinance making record. 49-471.10. Invalidity of rules or ordinances; prohibited

agency action. 49-471.11. Substantive policy statements; directory of

rules and policy statements. 49-471.12. Petition for rule or ordinance making or

review of practice or policy. 49-471.13. Permitting time frames. 49-471.14. Reporting; compliance with time frames. 49-471.15. Administrative appeals. 49-471.16. Waiver. 49-472. Department studies. 49-473. Board of supervisors. 49-474. County control boards. 49-474.01. Additional board duties in vehicle emissions

control areas; definitions. 49-474.02. Voluntary lawn and garden equipment emissions reduction program; voluntary lawnand garden equipment emissions reduction fund; criteria. 49-474.03. Voluntary vehicle repair and retrofit program; criteria; fund; report. 49-474.04. Voluntary vehicle repair and retrofit program advisory committee. 49-474.05. Dust control; training; site coordinators. 49-474.06. Dust control; subcontractor registration;

fee. 49-474.07. Voluntary diesel equipment retrofit program; criteria; inventory; permits. 49-475. Powers and duties. 49-476. Authorization to accept funds or grants. 49-476.01. Monitoring. 49-477. Advisory council. 49-478. Hea.ring board. 49-479. Rules; hearing. 49-480. Permits; fees. 49-480.01. Permits; changes within a source; revisions. 49-480.02. Appeals of permit actions. 49-480.03. Federal hazardous air pollutant program;

date specified by administrator; prohibition. 49-480.04. County program for control of hazardous air

pollutants. 49-481. Grant or denial of applications. 49-482. Appeals to hearing board. 49-483. Permit transfers; notice; appeal. 49-484. Expiration of permit. 49-485. Posting of permit. 49-486. Notice by building permit agencies. 49-487. Classification and reporting; confidentiality

of records. 49-488. Special inspection warrant. 49-489. Repealed.Roadside testing of diesel vehicles; contract; test standards; cut points. Civil penalties. Emissions inspection costs; disposition; fleet inspection; certificates. Emissions inspection fund;. composition ;authorized expenditures; exemptions; investment. Agreement with independent contractor; qualifications of contractor; agreement provisions.Fleet emissions inspection stations; certificates of inspection; dealer's inventory; investigations; revocation or suspension of permit. Authority of director to acquire enforcement equipment. hnproper representation. False certificates. Violation; classification; civil penalty. Air quality fee; air quality fund; purpose. Diesel vehicle low emissions incentive grants; criteria. Enforcement on city, town, county, school district or special district property. Vehicle emissions; research; equipment; cost analysis. Technical assistance review. Retrofit of diesel vehicles. Low emission vehicle program.Government vehicles; emissions inspections; noncompliance; vehicle operation privilege suspension. Voluntary accelerated purchase of tier 2 and 3 equipment; definitions.Voluntary implementation of ultra low sulfur diesel fuel; definition. Section 49-542.06.

49-542.07. 49-543.

49-544.

49-545.

49-546.

49-547.

49-548. 49-549. 49-550. 49-551. 49-551.01

49-552.

49-553.

49-554. 49-555. 49-556. 49-557.

49-558.

49-558.01. T. :i


### E 1 ® i VI 1 t ®1! I n (> «i

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### 1122

Section 49-490. Hearings on orders of abatement. 49-491. Conditional orders; standards; rules. 49-492. Petition for conditional order; publication;

public hearing. 49-493. Decisions on petitions for conditional order;

terms and conditions. 49-494. Term of conditional order; effective date. 49-495. Suspension and revocation of conditional

order. 49-496. Decisions of hearing board; subpoenas; effective date. 49-497. Declaratory judgment. 49-497.01. Judicial review of hearing board or administrative law judge decisions. 49-497.02. Judicial review of appealable agency action

not subject to review by hearing board or administrative law judge. 49-498. Notice of hearing; publication; service. 49-499, 49-500. Repealed. 49-501. Unlawful open burning; exceptions; civil

penalty; definition. 49-502. Violation; classification. 49-503. Defenses. 49-504. Limitations. 49-505. Repealed. 49-506. Voluntary no-drive days. 49-507. Technical assistance to small businesses. 49-510. Violations; production of records. 49-511. Violations; order of abatement. 49-512. Violations; injunctive relief. 49-513. Violations; civil penalties. 49-514. Violation; classification; definition. 49-515. Precedence of actions. 49-516. Presei-vation of rights.

ARTICLE 4. MOTOR VEHICLE EMISSIONS

INSPECTION [REPEALED]
49-521 to 49-523. Repealed.

ARTICLE 5. ANNUAL EMISSIONS INSPECTION

OF MOTOR VEHICLES

49-541. Definitions. 49-541.01. Repealed. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; minimurn standards and 

# i rules; exceptions; definition. 

### I 49-542. Emissions inspection program; powers andduties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition. 49-542.01. Repealed. 49-542.02. Mechanic education program. 49-542.03. Motor vehicle dealer; emissions testing;

remedies; definition. 49-542.04. Off-road vehicle and engine standards. 49-542.05. Alternative fuel vehicles. ARTICLE 6. ASSUMPTION OF JURISDICTION OVER INDIAN LANDS [REPEALED]
49-561. Repealed.

ARTICLE 7. EMISSIONS CONTROL
49-571. Clean burning or alternative fuel requirements for new buses; definitions. 49-572. Joint use of clean burning or alternative fuel

refueling stations. 49-572.01. Renumbered. 49-573. Emissions controls; federal vehicles.

ARTICLE 8. TRAVEL REDUCTION PROGRAMS
49-581. Definitions. 49-582. Travel reduction program regional task

force; composition. 49-583. Duties and powers of the task force. 49-584. Staff duties. 49-585. Repealed. 49-586. Repealed. 49-587. Voltintary participation. 49-588. Requirements for major employers. 49-589. Variances. 49-590. Requirements for high schools, community

colleges and universities. 49-591. Exemptions. 49-592. Appeals. 49-593. Violations; civil penalties.>~ 

### ,;.

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## ~ . 

### § 49-401>01

director and submitted to the administrator pursuant to 42 United States Code § 7410.

36. "Stationary source" means any facility,building, equipment, device or machine that operates at a fixed location and that emits or generates
air contaminants. 1

37. "Unclassifiable area" means all areas of this state for which inadequate ambient air qualitydata exist to determine compliance with the national ambient air quality standards. Added by Laws 1992, Ch. 299, § 7, eff. Sept. 1, 1993. Amended by Laws 1995, Ch. 233, § 2; Laws 1997, Ch. 175, § 1; Laws 1998, Ch. 217, § 14; Laws 1999, Ch. 295, § 40; Laws 2002, Ch. 251, § 1; Laws 2010, Ch. 287, § 16; Laws 2010, Ch. 315, § 1. 1 So in original. Probably should read "§ 49-427". Z So in original. Probably should read "any".



## § 49-402 . state and county controlA. The department shall have original jurisdiction over such sources, permits and violations that pertain to:

1. Major sources in any county that has not received approval from the administrator for newsource review under the clean air act and prevention of significant deterioration under the clean air

act.
2. Smelting of inetal ore.

3. Petroleuin refineries.

4. Coal fired electrical generating stations.

5. Portland cement plants.

6. Air pollution by portable sources.

7. Air pollution by mobile sources for the purpose of regulating those sources as prescribed by article 5 of this chapter 1 and consistent with the clean air act.

8. Sources that are subject to title V of the clean air act and that are located in a county for which the administrator has disapproved that county's title V permit program if the departnnent has a title V program that has been approved by the adininistrator. On approval of that county's title V permit program by the administrator, the county shall resume jurisdiction over those

sources. B. Except as specifieci in subsection A of this section, the review, issuance, administration and enforcement of permits issued pursuant to this chapter shall be by the county or multi-county air quality control region pursuant to the provisions of article 3 of this chapter. z After the director has provided prior written notice to the control officer describing the reason for asserting jurisdiction and 

### 1730

has provided an opportunity to confer, the county or multi-county air quality. control region shall relinquish jurisdiction, control and enforcement over such permits as the director designates and at such times as the director asserts jurisdiction at the state level. The order of the director which assertsstate jurisdiction shall specify the matters, geographical area, or sources over which the department shall exercise jurisdiction and control. Such state authority shall then be the sole and exclusive jurisdiction and control to the extent asserted, and the provisions of this chapter shall govern, except as provided in this chapter, until jurisdiction is surrendered by the department to such county or region.

C. Portable sources under. jurisdiction of the department under subsection A, paragraph 6 of this section may be required to file notice with thedirector and the control officer who has jurisdiction over the geographic area that includes the new location before beginning operations at that new location.

D. Notwithstanding any other law, a permit issued to a state regulated source shall include the emission standard or standard of performance adopted pursuant to § 49-479, if such standardsare more stringent than those adopted by the director and if such standards are specifically identified as applicable to the permitted source or acomponent of the permitted source. Such standards shall be applied to sources identified in subsection A, paragraph 2, 3, 4 or 5 of this section only if the standard is formally proposed for adoption as part of the state implementation plan.

E. The regional planning agency for each county which contains a vehicle emissions control areashall develop plan revisions containing transportation related air quality control ineasures designedto attain and maintain primary and secondary ambient air quality standards as prescribed by and within the time frames specified in the clean air act. In developing the plan revisions, the regional planning agency shall consider all of the following:

1. Mandatory employee parking £ees.

2. Park and ride programs.

3. Removal of on-street parking.

4. Ride share programs.

5. Mass transit alternatives.

6. Expansion of public transportation systems.

7. Optimizing freeway ramp metering.

8. Coordinating traffic signal systems. ENVIR®NMENT1731 AgR Qg1ALgTY 

## GENERA)i,l:.Y § 49-405

9. Reduction of traffic congestion at major intersections.

10. Site specific transportation control measures.
11. Reversible lanes.

12. Fixed lanes for buses and carpools.

13. Encouragement of pedestrian travel.

14. Encouragement of bicycle travel.

15. Development of bicycle travel facilities.

16. Employer incentives regarding ride share

programs. 17. Modification of work schedules.

18. Strategies for controlling the generation of air pollution by nonresidents of nonattainment or maintenance areas.

19. Use of alternative fuels.

20. Use of emission control devices on public diesel powered vehicles.

21. Paving of roads.

22. Restricting off-road vehicle travel.

23. Construction site air pollution control.

24. Other air quality control measures. F. Each regional planning agericy shall consultwith the depai-tment of transportation to coordinate the plans developed pursuant to subsection E of this section with transportation plans developed by the department of transportation pursuant to any other law. Added as § 36-1706 by Laws 1967, Ch. 2, § 9. Amended by Laws 1969, Ch. 53, § 17; Laws 1970, Ch. 164, § 28, eff. May 18, 1970; Laws 1971, Ch. 190, § 12; Laws 1973, Ch. 158, § 201; Laws 1982, Ch. 259, § 2; Laws 1986, Ch. 319, § 2, eff. Jan. 1, 1987. Itenumbered as § 49-402 by Laws 1986, Ch. 368, § 37, subsec. B, eff. July 1, 1987. Amended by Laws 1987, Ch. 317, § 35, eff. Aug. 18, 1987, retroactively effective to July 1, 1987; Laws 1992, Ch. 299, § 8, eff. Sept. 1, 1993; Laws 1994, Ch. 353, § 21, eff. April 26, 1994; Laws 1999, Ch. 295, § 41; Laws 2002, Ch. 110, § 1.

1 Section 49-541 et seq.

2 Section 49-171 et seq.



## § 49-403. General permits and individuai permits; issuance; definition A. A person may petition the director or control officer for a determination that a particular class or category of sources should be subject to a generalpermit instead of an individual permit that is issued under this chapter. The petition shall statethe grounds for the determination that is the subject of the petition, including how the class orcategory meets the criteria prescribed in the applicable statute or rule for a general permit. The director or control officer shall either grant or deny the petition within sixty days after its receipt. Ifthe petition is granted, the director or control officer shall initiate the formal process for issuing the general permit within six months. If the petition is denied, the denial is an appealable agency action pursuant to title 41, chapter 6, article 10. 1 B. For the purposes of this section, "general permit" has the same meaning prescribed in § 41-1001. Added by Laws 2010, Ch. 287, § 17.
t Section 41-1092 et seq.



## § 49-404. State implementation plan

A. The director shall maintain a state implementation plan that provides for implementation, maintenance and enforcement of national ambient air quality standards and protection of visibility as required by the clean air act.

B. The director may adopt rules that describe procedures for adoption of revisions to the state implementation plan.

C. The state implementation plan and all revisions adopted before September 30, 1992 remain in effect according to their terms, except to the extent otherwise provided by the clean air act, inconsistent with any provision of the clean air act,or revised by the administrator. No control requirement in effect, or required to be adopted by an order, settlement agreement or plan in effect, before the enactment of the clean air act in any area which is a nonattainment or inaintenance area for any air pollutant may be modified after enactment in any manner unless the modification insures equivalent or greater emission reductions of the air pollutant. The director shall evaluate and adopt revisions to the plan in conformity with federal regulations and guidelines promulgated by the administrator for those purposes until the rules required by subsection B are effective. Added by Laws 1992, Ch. 299, § 9. Amended by Laws 1999, Ch. 295, § 42.



## § 49-405. Attainment area designations

A. The governor may designate the status and classification of areas of this state with respect toattainment of national ambient air quality standards.

B. The director shall adopt rules that both:1. Describe the geographic extent of attainment, nonattainment or unclassifiable areas .of this state for all pollutants for which a national ambient air quality standard exists.

### § 49-425 ENVIR®1@I1VdENT 

### 1740 i 17

prevention, control and abatement of air pollution.Additional standards shall be established for particulate matter emissions, sulfur dioxide einissions, and other air contaminant emissions. determined tobe necessary and feasible for the prevention, control and abatement of air pollution. In fixing such ambient air quality standards, emission standards or standards of performance, the director shall giveconsideration but shall not be limited to the relevant factors prescribed by the clean air act.

B. No rule may be enacted or amended except after the director first holds a public hearing after twenty days' notice of such hearing. The proposed rule, or any proposed amendment of a rule, shall be made available to the public at the time of notice of such hearing.
C. The department shall enforce the rules adopted by the director.

D. All rules enacted pursuant to this sectionshall be made available to the public at a reasonable charge upon request. Added as § 36-1707 by Laws 1967, Ch. 2, § 9. Amended by Laws 1969, Ch. 53, § 18; Laws 1970, Ch. 164, § 29, eff. May 18, 1970; Laws 1973, Ch. 158, § 202; Laws 1978, Ch. 201, § 656, eff. Oct. 1, 1978; Laws 1980, Ch. 69, § 1. Renurnbered as § 49-425 and amended by Laws 1986, Ch. 368, §§ 37, subsec. C, 78, eff. July 1, 1987. Amended by Laws 1992, Ch. 299, § 11.



## § 49

- 

## 426 0 lPermits; duties of director; exceptions; applications; objections; fees A. A permit shall:

1. Be issued by the director in compliance with the terms of this section.

2. Be required for any person seeking a compliance extension pursuant to § 49-426.03, subsection B, paragraph 3 and § 112(a)(5) of the clean air

act 1 and for any person beginning actual construction of or operating any source, except as prescribed in subsection B of this section or § 49-426.01. B. The provisions of this section shall not applyto motor vehicles, to agricultural vehicles or agricultural equipment used in normal farm operations, or to fuel burning equipment which, at a location or property other than a one or two family residence, is rated at less than one million British thermal units per hour. The director may establish by rule additional sources or classifications of sources for which a permit is not required and pollutant-emitting activities and emissions units atpermitted sources that are not required to be included in the permit. The director shall not adopt such rules unless the director makes a written finding with supporting facts that the exempted source, class of sources, pollutant-emitting activities or emissions units will have an insignificant adverse impact

. on air quality. In adopting these rules, the director may consider any rule that is adopted by the administrator pursuant to § 502 of the clean air act 2 and that exempts one or more source categories from the requirement to obtain a permit under title V of the clean air act.'

C. Every application for a permit shall be filed in the manner and form prescribed by the director, and shall contain all the information necessary to enable the director to make the determination to grant or deny such application. The director shallestablish by rule requirements for permit applications, including the standard application form for title V sources. The director shall establish by rule requirements for applications for general permits. An application for a permit issued pursuant to title V of the clean air act shall include a compliance plan.that describes how the applicant will complywith all of the applicable requirements of this chapter and the clean air .act, including a schedule of compliance and a schedule under which progress reports will be submitted to the director at least every six months. The director may require that such application include all sources that are used or to be used by the applicant in a certain process or a single £acility or location. Before acting on an application for a permit, the director may requirethe applicant to furnish further information or further plans or specifications. The director shall act, within a reasonable time, on such application and shall notify the applicant in writing of the proposed approval or denial of such application, except that the director may have a reasonable period of time in which to gather information, inspect premises, and issue such permits. The director shall adopt rules that establish procedures for determiningwhen applications are complete, for processing applications and for reviewing permit actions. The director shall also establish by rule criteria fordetermining reasonable times for processing permit applications. Rules adopted pursuant to this subsection for permits issued pursuant to title V of the clean air act shall conform to the requirements of § 505(a) of the clean air act. 4

D. The director shall give notice of a proposed permit for a source required to obtain a permit pursuant to title V of the clean air act once each week for two consecutive weeks in two newspapers of general circulation in the county in which thesource is or will be located. The notice shall describe the proposed permit and air contaminants to be emitted and shall state that any person may submit comments on the proposed permit and may ; rec 

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request a public hearing. The director shall require the applicant at the time of the first notice to post the site where the source is or may be located. Ifpermitted by federal, state and local law, the posting shall be prominently placed at a site that isunder the applicant's legal control and that is adjacent to the nearest public roadway. The postingshall be visible to the public using the public roadway and shall contain the information in the notice that is published by the director. If a public hearingis requested, the director shall require the applicant to place an. additional posting that provides notice of the public hearing. A posting shall be mairntained until the public comment period on the proposed perrriit is closed. The director shall make available to the public notices of proposed permits. Each public notice that is issued under this chapter shall be mailed to the permit applicarit, to the affected federal, state and local agencies and to those persons who have requested in writing copiesof proposed permit action notices. During the public comment period, any person may submit a request to the department to conduct a public hearing for the purpose of receiving oral or writtencomments on the proposed permit. A written comment shall state the name and mailing address of the person, shall be signed by the person, his agent or his attorney and shall clearly set forth reasons why the permit should or should not be issued. Grounds for comment are limited to whether the proposed permit meets the criteria for issuanceprescribed .in this section or in § 49-427. The department shall consider and prepare written responses to all comments reeeived during the public comment period including comments made at a public hearing conducted by the department. At the time a final permit decision is made, copies of the department's responses shall be made available to the applicant and any person who commented on the proposed permit. E. Permits or revisions issued pursuant to this section or § 49-426.01 may be issued subject to such terms and conditions as are consistent with the requirements of this article, article 1 of this chapter 5 and the clean air act 6 and are found bythe director to be necessary, following public notice and an opportunity for a public hearing as provided in subsection D or H of this section or in§ 49-426.01, and subject to payment of a reasonable fee to be determined as follows: 1. For a source that is required to obtain a permit pursuant to title V of the clean air act, the director shall establish by rule a system of fees that is consistent with and equivalent to that prescribed by § 502 of the clean air act. These rules shall prescribe procedures for increasing the fee eachyear by the percentage if any by which the consumer price index for the immediately preceding calendar year exceeds the consumer price index for calendar year 1989. 2. For a facility that is required to obtain a permit pursuant to this chapter but that is not required to obtain a permit pursuant to title V of the clean air act, the director shall determine a fee based on the total actual cost of processing the permit application, but not exceeding twenty-five thousand dollars. The director shall establish an annual inspection fee, not to exceed the average cost of inspection.The director shall adopt, by rule, criteria for determining fees and for public hearings. F. Permits issued pursuant to this section shall be issued for a period of five years. G. Except as provided in subsection H of this section, any person burning used oil, used oil fuel, hazardous waste or hazardous waste fuel in any machine, incinerator or device shall first obtain a permit from the director. Any permit issued by the director under this subsection shall contain, at a minimum, conditions governing:

1. Limitations on the types, amounts and feed rates of used oil, used oil fuel, hazardous waste or hazardous waste fuel which may be burned.

2. The frequency and types of fuel testing to be conducted by the person.

3. The frequency and type o£ emissions testing or monitoring to be conducted by the person.

4. Requirements for record keeping and reporting.

5. Numeric emission limitations expressed inpounds per hour and tons per year for air contaminants to be emitted from the facility burning offspecification used oil fuel, hazardous waste or hazardous waste fuel. H. The director may issue a general permit for a defined class of facilities if the class contains a large number of facilities that are substantiallysimilar in nature and that have substantially similar emissions and if the following coriditions are

met:
1. A general permit shall compl,y with all of the requirements for permits prescribed by this section except for the requirements of subsection D of this section and shall be consistent with the clean air

act.
2. The director shall give notice of the proposed general permit once each week for two consecutive

## § 49-426 ENVIIZ®ImIMENT 1742

weeks in a newspaper of general circulation in each county. The notice shall describe the.proposed general. permit, the general class of sources that would be subject to the proposed permit and the air contaminants to be emitted. The notice shall also state that any person may submit comments on the proposed general permit and may request a public hearing. A written comment shall state 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. Grounds for comment are limited to whether theproposed general permit meets the criteria for issuance pre.scribed in this section or § 49-427.

3. On issuance of a general permit any person seeking to permit a source under this subsection shall submit an application pursuant to subsection C of this section.

4. If the director approves an application to be permitted under a general permit, the director shall provide notice of the approval in a newspaper of general circulation in the county in which the source is or will be located.

5. If a person violates a general permit, the director may require the source to obtain a permit pursuant to subsection A of this section.

6. A general permit may be revoked or revised at any time by the director if necessary to comply with this chapter. If the director revokes or revisesa general permit, the director shall riotify all persons whose sources are affected by the revocation or revision and shall include notice of procedures to obtain a permit pursuant to subsection A of this section or notice of procedures for compliance with the revisioiis.

7. The director by rule shall adopt procedures for the issuance of general permits.
8. The director may adopt conditions in a general permit applicable to sources located in a specified geographic area either independently of or upon petition by a county air pollution control o££icer. I.. Permits issued pursuant to this section for a source required to obtain a permit under title V of the clean air act shall contain all of the following:l. Conditions reflecting all applicable requirements of this article and rules adopted pursuant to this article.

2. Enforceable emission limitations and standards:
3. A schedule for compliance, if applicable.

4. The requirement to submit at least every six months the results of any required monitoring. S. Any other conditions that are necessary to assure compliance with this article and the cleain air act, including the applicable implementation plan. , -

J. The director may refuse to issue any permit to. any source subject to the requirements of title V of the clean air act if the administrator objects to its issuance in a timely manner as prescribed under title V of the act.

K. If an applicant has submitted a tiinely and complete application for a permit required under this section, but final action has not been takeri on that application, failure to obtain a permit shall not be a violation of this chapter unless the delay in final action is due to the failure of the applicant tosubmit information required or requested to process the application. This subsection does not apply to any person required to obtain a permit before commencing construction of a source as required under this section or any person seeking a permit revision as provided under § 49-426.01.

L. The director may issue a single permit authorizing emissions from similar operations at multiple temporary locations, if the permit includes conditions that 

### will assure compliance with all applicable requirements of this chapter and the clean air act at all locations. Any permit issued pursuant to this subsection shall requi.re the applicant to notify .the director in advance of each change in location. In issuing a single permit, the director may require a separate permit fee for operations at each location.

M. In the case of a permit with a term of three or more years issued pursuant to the requirements of title V of the clean air act to a major source, the director shall require revisions to the permit to incorporate applicable standards and regulations adopted by the administrator pursuant to the cleanair act after the issuance of the permit. The director shall require any revisions as expeditiously as practicable, but not later than eighteen monthsafter the promulgation of such standards and regulations. No permit revision shall be required if the effective date of standards and regulations is after the expiration of the permit. Any permit revisionrequired pursuant to this subsection shall be treated as a permit renewal.

N. Any permit issued pursuant to the requirements of this article and title V of the clean air act to a unit subject to the provisions of title IV of the clean air act' shall include conditions prohibiting all of the following:
1. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide1743 S'}i'ATE AI12 )<'®LLUTI(lIOI C®1\ITR®L 

## § 49-426.03

held by the owners or operators of the unit or bythe designated representative of the owners or operators.

2. Amounts in excess of applicable emission

rates.

3. The use of any allowance prior to the year for which it was allocated.

4. Contravention of any other provision of the permit.
0. The director shall adopt a rule specifying the notice, public participation requirements and other permit issuance procedures for permits that are not issued pursuant to title V of the clean air act.
P. In determining whether a permitting threshold established pursuant to this section applies toan existing source, the director shall exclude particulate matter that is not subject to a national ambient air quality standard under the clean air

act. Added as § 36-1707.01 by Laws 1969, Ch. 53, § 19. Amended by Laws 1970, Ch. 164, § 30, eff. May 18, 1970; Laws 1971, Ch. 190, § 13; Laws 1.977, Ch. 171, § 17; Laws 1978, Ch. 64, § 1, eff. May 23, 1978; Laws 1982, Ch. 150, § 1; Laws 1983, Ch. 163, § 1. 12enumbered as § 49-426 and amended by Laws 1986, Ch. 368, §§ 37, subsec. C, 79, eff. July 1, 1987. Amended by Laws 1989, Ch. 286, § 1; Laws 1990, Ch. 42, § 7; Laws 1991, Ch. 115, § 1, eff. May 13, 1991; Laws 1991, Ch. 220, § 5, eff. June 11, 1991; Laws 1991, Ch. 283, § 5; Laws 1992, Ch. 299, § 12; Laws 1992, Ch. 299, § 14, eff. Sept. 1, 1993; Laws 1992, Ch. 319, § 51; Laws 1996, Ch. 88, § 1; Laws 1996, Ch. 258, § 5; Laws 1996, Ch. 364, § 1; Laws 1997, Ch. 175, § 2; Laws 1997, Ch. 178, § 5.

142 U.S.C.A. § 7412.

Z 42 U.S.C.A. § 7661a.

3 42 U.S.C.A. § 7661 et seq.

4 42 U.S.C.A. § 7661d.
5 Section 49-401 et seq.

6 42 U.S.C.A. 7401 et seq.

7 42 U.S.C.A. § 7641 et seq.



## § 49-426.01. Permits; changes within a source; revisions

.A. The director shall establish by rule provisions to allow changes within a source required to obtain

. a permit under title V of the clean air act without requiring a permit revision if all of the following conditions are met:

1. The changes do not constitute modifications under title I of the clean air act.'

2. The changes do not result in an emission that is greater than the emissions allowed under the permit. 3. The source provides the director with a written notice of the proposed changes at least seven days in advance of the beginning of those changes.

4. The source satisfies other conditions that may be established in the rules adopted pursuant to this section for title V sources. Rules adoptedpursuant to this section at a minimum shall conform to those adopted by the administrator pursuant to title V of the clean air act and may prescribe a different time limit for notifications associated with emergency conditions. B. A permit issued pursuant to § 49-426 may be revised, revoked and reissued, or terminated for cause. The filing of a request for a permit revision, revocation and reissuance, or termination or a notification filed pursuant to subsection A of this section does not stay an effective permit condition, The director may require that the applicant providein writing within a reasonable time any information that the director identifies as necessary for the director to determine if cause exists for revising, revoking and reissuing, or terminating the permitor for determining compliance with permit conditions.E. The director shall establish by rule procedures related to public and departmental review of changes to a permitted source. For title V sources, these rules at a minimum shall conform to those adopted by the administrator pursuant to title V of the clean air act. For changes to sources that are not required to obtain a permit under title V of the clean air act, the necessity for and level of publicand departmental review of a change shall be determined as prescribed by this chapter and the environmental significance of the change. Added by Laws 1992, Ch. 299, § 16, eff. Sept. 1, 1993. Amended by Laws 1996, Ch. 88, § 2. 142 U.S.C.A. § 7401 et seq.



## § 49-426.02. Permit shield The director shall establish by rule conditions under which colnpliance with a permit or permit revision issued pursuant to this chapter constitutes compliance with the applicable requirements of this chapter arid the clean air act. Added by Laws 1992, Ch. 299, § 16, eff. Sept. 1, 1993.



## § 49-426.03. Enforcement of federal hazardous air pollutant program; definitions A. The list of hazardous air pollutants in § 112(b)(1) of the clean air act is adopted as the list of federally listed hazardous air pollutants that will be subject to the program adopted pursuant to subsection B of this section. Within one year after

## STATE OF ARIZONA ) ) ss: 

## COUNTY OF MARICOPA )

I Barbara Howe hereby certify:

Name



## That I am Law Reference Librarian of the Arizona State

Title/Division 

## Library, Archives and Public Records of the State of Arizona;

That there is on file in said Agency the following:

A.R.S. §§ 49-204 and 49-426

The reproduction(s) to which this affidavit is attached is/are a true and correct copy of the document(s) on file.

Si ature



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## 49-39 1, Local enforcement of water pretreatment requirements; civil penalties
A. A city, town, county or sanitary district of this state may adopt, amend or repeal any ordi= nances necessary for iniplementing and enforcing the pretreatment requirements under the federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code §§ 1251 through 1376), as amended, and_ enforce the ordinances by imposing and recovering a civilpenalty of not more than twenty-five thousand doIlars for each violation as prescribed by this section. For continuing violations, each day may constitute a separate offense.

B. A city, town, county or sanitary district shall not receive civil penalties under this section if an interested person, the United States, this state, or another city, town, county or sanitary district has received civil penalties 

### or is diligently prosecuting a civil penalty action in a court. of the United States or this state, or in an administrative enforcement proceeding, with respect to the same allegations, standard, requirement, or order. This state, and any city, town, county or sanitary district of this state that is or inay be affected by a civil, judicial or administrative action, may intervene as a matter of right in any pending civil, judicial or administrativeaction for purposes of obtaining injunctive or declaratory relief.
C. The city, town, county or sanitary districtmay seek compliance with pretreatment ordinances and recovery of the civil penalties provided by this section either by an action in superior court 

### or by a negotiated settlement agreement. Before aconsent decree filed with.superior cotu-t or a negotiated settlement becomes final, the city, town, county or sanitary district seeking compliance shall provide a period of thirty days for public comment. Tn_ deterniining the amount of a civil penalty the court and the city, town, county or sanitary district shall consider:

1'. The seriousness of the violation.

2. The econorrtic benefit, if any, resulting from the violation.

3. Any history of such violation.

4. Any good faith efforts to comply with the applicable requirements.
S. The economic impact of the penalty on the violator.
6. Such other factors as justice may require.

D. In addition to the remedies provided in thissection, enforcement of such ordinances may include injunctive or other equitable relief.

E. All monies collected pursuant to an ordinance adopted under this sectiqn shall be deposited with the respective city, town, county or sanitary district. Added by Laws 1990, Ch. 300, § 1. Amended by Laws 1993; Ch. 46, § 1.

CkAPTER 3

AIR QTJALITY

ARTICLE 1. GENERAL PROVISIONS Section 49-401. Declaration of policy. 49-401.01. Definitions. 49-401:01. Definitions. 49-402. State and county control. 49-403. General permits and individual permits; issuance; definition. 49-404. State implementation plan. 49-405. Attainment area designations. 49-406. Nonattainment area plan. 49-407. Private right of action; citizen suits. 49-408. Air quality conformity; definition. 49-409. Chlorofluorocarbons; permitted use; retaliation prohibited. 49-410. Arizona emissions bank; program tei

- 

### mination. 49-411. Particulate measures; cities, towns, counties, departments; implementation; report. 49-411.01. Renumbered. 49-412. Alternative fuel delivery systems; standardized waivers. Section 49-413. Clean burning alternative fuels; public refueling. 49-414. Renumbered. 49-414.01. Renumbered.

ARTICLE 2.. STATE AIR POLLUTION CONTROL

49-421. Definitions. 49-422. Powers and duties. 49-423. Repealed. 49-424. Duties of department. 49--425. Rules; hearing. 49-426. Permits; duties of director; exceptions; applications; objections; fees. 49-426.01. Permits; changes within a source; revisions. 49-426.02. Permit shield. 49-426.03. Enforcement of federal hazardous air pollutant program; definitions. 49-426.04. State list of hazardous air pollutants. 49-426.05. Designation of sources of hazardous air pollutants.

### 1721 AIR QUAI.ITY

Section 49-426.06. State program for control of hazardous air

pollutants. 49-426.07. Imminent and substantial endangerment. 49-426.08. Research program on hazardous air pollutants. 49-427. Grant or denial of applicatioris; revisions. 49-427. Grant or denial of applications; revisions. 49-428. Appeals of permit actions. 49-429. Permit transfers; notice; appeal. 49-430. Posting of permit. 49-431. Notice by building permit agencies. 49-432. Classification and reporting; confidentiality

of records. 49-433. Special inspection warrant. 49-434. Repealed. 49-435. Hearings on orders of abatement. 49-436. Repealed. 49-437. Conditional orders; standards; rules. 49-438. Petition for conditiornal order; publication;

public hearirig. 49-139. Decisions on petitions for conditional order;

terins and conditions. 49-440. Term of conditional order; effective date. 49-441. Suspension and revocation of conditional

order. 49-442. Appeal of county decisions. 49-443. Court appeals; procedures. 49-444. Notice of hearing; publication; service. 49-445, 49 1

446. Repealed. 49-447. Motor vehicle and combustion engine emission; standards. 49-448. Limitations. 49-449 to 49-452. Repealed. 49-153. Air quality impact reports; filing. 491454. Adjusted work hours. 49-455. Permit administration fund. 49-456. Technical assistance for small business;

compliance advisory panel. 49-457. Agricultural best management practices

committee; members; powers; permits; enforcement; preemption; definitions. 49-457.01. Leaf blower use restrictions and training;

leaf blower equipment sellers; informational.material; outreach; applicability. 49-457.02. Dust free developments program; certification; seal. 49-457.03. Off-road vehicles; pollution advisory days;

applicability; penalties. 49-457.04. Off-highway vehicle and all-terrain vehicle

dealers; informational material; outreach; applicability. 49-457.05. Dust action general permit; best manage

ment practices; applicability; definit4ons. 4 9-458. Regional haze program; authority. 4 9-458.01. State implementation plan revision; regional haze; rules. 49-460. Violations; production of records. 49-461. Violations; order of abatement. 4 9-462. Violations; injunctive relief. 49-463. Violations; civil penalties. 4 9-464. Violation; classification; penalties; definition. 4 9-465. Air pollution emergency. 4 9-466. Precedence of actions. 4 9-467. Preservation of rights. Section ARTICLE 3. COtJNTY AIR POLLUTION CONTROL

49-471. Definitions. 49-471.01. Regulatory bill of rights. 49-471.02. Fees; express authority. 49-471.03. Inspections. 49-471.04. Notice of proposed rule or ordinance making. 49-471.05. Contents of preamble. 49-471.06. Public participation; written statements;

oral proceedings. 49-471.07. Time and manner of rule or ordinance making. 49-471.08. Expedited rule or ordinance making. 491471.09. County rule or ordinance making record. 49--471.10. Invalidity of niles or ordinances; prohibited

agency action. 49 1 471.11. Substantive policy statements; directory of

rules and policy statements. 49-471.12. Petition for rule or ordinance making or

review of practice or policy. 49-471.13. Permitting time frames. 49-471.14. Reporting; cornpliance with time frames. 49-471.15. Administrative appeals. 49-471.16. Waiver. 49-172. Department studies. 49-473. Board of supervisors. 49-474. County control boards. 49-474.01. Additional board duties in vehicle emissions

control areas; definitions. 49-474.02. Voluntary lawn and garden equipment emissions reduction program; voluntary lawnand garden equipment emissions reduction fund; criteria. 49-474.03. Voluntary vehicle repair and retrofit program; criteria; fund; report. 49-474.04. Voluntary vel•iicle repair and retrofit program advisory committee. 49-474.05. Dust control; training; site coordinators. 49-474.06. Dust control; subcontractor registration;

fee. 49-474.07. Voluntary diesel equipment retrofit program; criteria; inventory; permits. 49 1 475. Powers and duties. 49-176. Authorization to accept funds or grants. 49-476.01. Monitoring. 49-477. Advisory council. 49-478. Hearing board. 49-479. Rules; hearing. 49-480. Permits; fees. 49- 1 -480.01. Permits; changes within a source; revisions. 49-480.02. Appeals of permit actions. 49-480.03. Federal hazardous air pollutant program;

date specified by administrator; prohibition. 49-480.04. County program for control of hazardous air

pollutants. 49-481. Grant or denial of applications. 49-482. Appeals to hearing board. 49-483. Permit transfers; notice; appeal. 49-484. Expiration of permit. 49-485. Posting of permit. 49-486. Notice by building permit agencies. 49-487. Classification and reporting; confidentiality

of records. 49-488. Special inspection warrant. 49-489. Repealed.Roadside testing of diesel vehicles; contract; test standards; cut points. Civil penalties. Emissions inspection costs; disposition ; fleet irispection; certificates. Emissions inspection fund;. composition;authorized expenditures; exemptions; investment. Agreement with independent contractor; qualifications of contractor; agreement provisions.Fleet emissions inspection stations; certificates of inspection; dealer's inventory; investigations; revocation or suspension of permit. Authority of director to acquire enforcement equipment. Improper representation. False certificates. Violation; classification; civil penalty. Air quality fee; air quality fund; purpose. Diesel vehicle low emissions incentive grants; criteria. Enforcement on city, town, county, school district or special district property. Vehicle emissions; research; equipment; cost analysis. Technical assistance review. Retrofit of diesel vehicles. Low emission vehicle program.Governrnent vehicles; emissions inspections; noncompliance; vehicle operation privilege suspension. Voluntary accelerated purchase of tier 2 and 3 equipment; definitions.Voluntary implementation of ultra low sulfur dieseI fuel; definition. Section 49-542.06.

49-542.07. 49-543.

49-544.

49-545.

49-546.

49-547.

49-548. 49-549. 49-550. 49-551. 49-551.01.

49-552.

49-553.

49-554. 49-555. 49-556. 49-557.

49-558.

49-558.01. 1:

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i

ARTICLE 6. ASSUMPTION OF JURISDICTION OVER INDIAN LANDS [REPEALED]
49-561. Repealed.

ARTICLE 7. EMISSIONS CONTROL i
49-571. Clean burning or alternative fuel requirements for new buses; definitions. 49-572. Joint use of clean burning or alternative fuel

refueling stations. 49-572.01. Renumbered. 49-573. Emissions controls; federal vehicles.

ARTICLE 8. TRAVEL REDUCTION PROGRAMS
49-581. Definitions. 49-582. Travel reduction program regional task

force; composition. 49-583. Duties and powers of the task force. 49-584. Staff duties. 49-585. Repealed. 49-586. Repealed. 49-587. Voluntary participation. 49-588. Requirements for major employers. 49-589. Variances. 49-590. Requirements for high schools, community

colleges and universities. 49-591. Exemptions. 49-592. Appeals. 49-593. Violations; civil penalties. 

### ENVYIt®NMEN'lt' 1722

Section 49-490. Hearings on orders of abatement. 49-491. Conditional orders; standards; rules. 49-492. Petition for conditional order; publication;

public hearing. 49-493. Decisions on petitions for conditional order;

terms and conditions. 49-494. Term of conditional order; effective date. 49-495. Suspension and revocation of conditional

order. 49-496. Decisions of hearing board; subpoenas; effective date. 49-497. Declaratory judgment. 49-497.01. Judicial review of hearing board or administrative law judge decisions. 49-497.02. Judicial review of appealable agency action

not subject to review by hearing board or administrative law judge. 49-498. Notice of hearing; publication; service. 49-499, 49-500. Repealed. 49-501. Unlawful open burning; exceptions; civil

penalty; definition. 49-502. Violation; classification. 49-503. Defenses. 49-504. Limitations.
49-505. Repealed. 49-506. Voluntary no-drive days. 49-507. Technical assistance to small businesses. 49-510. Violations; production of records. 49-511. Violations; order of abatement. 49-512. Violations; injunctive relief. 49-513. Violations; civil penalties. 49-514. Violation; classification; definition. 49-515. Precedence of actions. 49=516. Preservation of rights.

ARTICLE 4, ib10TOR VEHICLE EMISSIONS

INSPECTION [REPEALED]

49-521 to 49-523. Repealed.

ARTICLE 5. ANNUAL EMISSIONS INSPECTION

OF MOTOR VEHICLES

49-541. Definitions. 49-541.01. Repealed. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; miriimum standards and rules; exceptions; definition. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition. 49-542. Emissions inspection program; powers and

duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition.
49-542.01. Repealed. 49-542.02. Mechanic education program. 49-542.03. Motor vehicle dealer; emissions testing;

remedies; definition. 49-542.04. Off-road vehicle and engine standards. 49-542.05. Alternative fuel vehicles.



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### § 49-401.01

has provided an opportunity to confer, the county or multi-county air quality; control region shall relinquish jurisdiction, control and enforcement over such permits as the director designates and at such times as the director asserts jurisdiction at the state level. The order of the director which assertsstate jurisdiction shall specify the matters, geograpl7ical area, or sources over which the department shall exercise jurisdiction and control. Such state authority shall then be the sole and exclusive jurisdiction and control to the extent asserted, and the provisions of this chapter shall govern, except as provided in this chapter, until jurisdiction is surrendered by the department to such county or region.

C. Portable sources under jurisdiction of the department under subsection A, paragraph 6 of this section may be required to file notice with thedirector and the contr.ol officer who has jurisdiction over the geographic area that includes the new location before beginning operations at that new location.

D. Notwithstanding any other law, a permit issued to a state regulated source shall include the emission standard or standard of performance adopted pursuant to § 49-479, if such standardsare more stringent than those adopted by the director and if such standards are specifically identified as applicable to the permitted source or acomponent of the permitted source. Such standards shall be applied to sources identified in subsection A, paragraph 2, 3, 4 or 5 of this section only if the standard is formally proposed for adoption as part of the state implementation plan.

E. The regional planining agency for each county which contains a vehicle emissions control areashall develop plan revisions containing transportation related air quality control measures designedto attain and maintain primary and secondary ambient air quality standards as prescribed by and within the time frames specified in the clean air act. In developing the plan revisions, the regibnal planning agency shall consider all of the following;

1. Mandatory employee parlcing fees.

2. Park and ride programs.

3. Removal of on-street parking.

4. Ride share programs.

5. Mass transit alternatives.

6. Expansion of public transportation systems.

7. Optirnizing freeway ramp metering.

8. Coordinating traffic signal systems.

_~.~e

### rector and submitted to the administrator pu uan to 42 United States Code § 7410. 3. "Stationary source" means an facility,buildi , equipment, device or mach' that operates at a'xed location and that e' s or generates air cont ' ants.

37. "Unc ssifiable area" eans all areas of this state for w ich inade ate ambient air qualitydata exist to dete ine mpliance with the national ambient air qua tandards. Added by Laws 199 , . 299, § 7, eff. Sept. 1, 1993. Amended by Law 1995, h. 233, § 2; Laws 1997, Ch. 175, § 1; Laws 998, Ch. '2 § 14; Laws 1999, Ch. 295, § 40; Laws 002, Ch. 251, 1; Laws 2010, Ch. 287, § 16; La 2010, Ch. 315, § 1. 1 So i original. Probably should rea ' 49-427".

2 in original. Probably should read "a '



## § 49-402 . State and county controlA. The department shall have original jurisdiction over such sources, permits and violations that perfain to:

1. Major sources in any county that has not received approval from the administrator for newsource review under the clean air act and prevention of significant deterioration under the cleari air

act.
2. Sznelting of inetal ore.

3. Petroleum refineries.

4. Coal fired electrical generating stations.

5. Portland cementplants.

6. Air pollution by portable sources.

7. Air pollution by mobile sources for the purpose of regulating those sources as prescribed by article 5 of this chapter 1 and consistent with the clean air act.

8. Sources that are subject to title V of the clean air act and that are located in a county for which the administrator has disapproved that county's title V permit program if the department has a title V program that has been approved by the administrator. On approval of that county's title V permit program by the administrator, the county shall resume jurisdiction over those

sources. B. Except as specified in subsection A of this section, the review, issuance, administration and enforcement of permits issued pursuant to this chapter shall be by the county or multi-county air quality control region pursuant to the provisions of article 3 of this chapter. Z After the director has provided prior written notice to the control officer describing the reason for asserting jurisdiction and 

### EIiIVIR®NMENT 1730

### 1731 AYR Q1tJA>JITY GENERAli.,LY § 49-405

9. Reduction of traffic congestion at major intersections.

10. Site specific transportation control measures. 11. Reversible lanes.

12. Fixed lanes for buses and carpools.

13. Encouragement of pedestrian travel.

14. Encouragement of bicycle travel.

15. Development of bicycle travel facilities.



### 16. Employer incentives regard'zng ride share

programs.
17. Modification of work schedules.

18. Strategies £or controlling the generation of air pollution by nonresidents of nonattainment or maintenance areas.

19. Use of alternative fuels.

20. Use of emission control devices on public diesel powered vehicles.

21. Paving of roads.

22. Restricting off-road vehicle travel.

23. Construction site air pollution control.

24. Other air quality control measutes. F. Each regional planning agericy shall coxisultwith the department of transportation to coordinate the plans developed pursuant to subsection E of this section with transportation plans developed by the department of transportation pursuant to any other law. Added as § 36-1706 by Laws 1967, Ch. 2, § 9. Amended by Laws 1969, Ch. 53, § 17; Laws 1970, Ch. 164, § 28, eff. May 18, 1970; Laws 1971, Ch. 190, § 12; Laws 1973, Ch. 158, § 201; Laws 1982, Ch, 259, § 2; Laws 1986, Ch. 319, § 2, eff. Jan. 1, 1987. Ttenumbered as § 49-402 by Laws 1986, Ch. 368, § 37, subsec. B, eff. July 1, 1987. Amended by Laws 1987, Ch. 317, § 35, eff. Aug. 18, 1987, retroactively effective to July 1, 1987; Laws 1992, Ch. 299, § 8, eff. Sept, 1, 1993; Laws 1994, Ch. 353, § 21, eff. April 26, 1994; Laws 1999, Ch. 295, § 41; Laws 2002, Ch. 110, § 1. I Section 49-541 et seq. Z Section 49-471 et seq.



## 9,. 9-403 . General pernnits and in '' ual

p its; issuanee; definition A. A per may petition thetor or control officer for a deter 'nation th particular class or category of sources s e subject to a general permit instead of a m ual permit that is issued under this apter. The etition shall state 

# Z ground or the determination at is the subpetition, including how t class orets the criteria prescribed in t plie or rule for a general permit. T,4e director or control officer shall either grant or d y he petition within sixty days after its receipt. If t e petition is granted, the director or control offi c shall initiate the formal process for issui the ge eral permit within six months. If the pet' ion is de 'ed, the denial is an appealable agency action pur ant to title 41, chapter 6, article 10. 1 B. For the purposes of this section, "general permi " has the same meaning pre ribed in § 41-1 

### 01. Added b Laws 2010, Ch. 287, § 17. 1 Sectio 41>1092 et seq.



## § 49-404 . State implementatior/plan

A. The director shall maintain a state implementation lan .that provides for mplementation, maintenanc and 'enforcemen/ of ational ambient air quality st ndards and pron of visibility as required by t clean air act.

B. The dir ctor may adops that describe procedures for adoption of rns to the state

C. The state mplement ion plan and all revisions adopted be ore Sept ber 30, 1992 remain in effect accordi to th r terms, except to the 

### extent otherwise rovid by the clean air act, inconsistent with a pr ision of the clean air act,or revised by the m' istrator. No control requirement in effect, r required to be adopted by an order, settlement greement or plan in effect, before the einactme f the clean air act in any area which is a n na tainment or maintenance area for any air p lluta t may be modified after enactment in any mann - unless the modification insures equivale t or gre ter emission reductions of the air poll ant. The director shall evaluate and adopt revi ions to the an in conformity with federal 'regula ions and guid lines promulgated by the administr tor for those pu oses until the rules required by bsection B are e ctive. A.dded by La s 1992, Ch. 299, § 9. Amended by Laws 1999, Ch. 29 , § 42.



### § 49

- 

## 4~5

.

Attainment area desi ations Te gvernor may designate t e status and classiy J ation of areas of this state wi respect toattaint of national ambient air a litv stanB The director shall adopt rules that bo ~ . Describe the geographic extent of 

# P nt, nonattainment or unclassifiable areas he for all pollutants for which a national a r quality standard exists.t

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### C. The depart adopted by

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D. All rule en acted pur ant to this section

A-1707 by , Ch. 5 eff 1970;
19 1, § 656 69 umbere
19 8, §§ 3 shall be ma ava'

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### / as upon r

ied by Laws 1992, Ch. 299, § 11.

d as § 49-425 and amende by Laws by Laws 1967, Ch. § 9. Amended

7, subsec. C, 78, eff. July . 1987. ~ 

### lable to the ublic at a reasonequest.

Laws 1973, Ch. 158, 202; Laws 3, § 18; Laws 1970, h. 164, § 29,

eff. Oct. 1, 1978; Law 1980, Ch.



## § 49-426 e lPermits; duties of director; exceptions; applications; objections; fees . A permit shall: Se issued by the director in compliance ith the rms of this se ction.2. e required fo r any person seeking compliance e tension pu rsuant to § 49-426: 3, subsection B, p ragraph 3 

### and § 112(a)(5) o the clean air

act 1 and r any pe rson beginning tual construction of or perati 

### ng any sourc ,,except as prescribed in ubse ction B o this section or § 49-426.01. B. The provisi soft' to motor vehicles, 

### ri cultural equipment 

### ed tions, or to fuel rni g location or prop 

### othe residence, is ted 

### at less thermal uni per h our. T by rule ditional 

### sourc sources or which a per pollut t-emitting a ctivitie 

### ted sources that ar i in the permit. The 

### 1740

ce, class of sources, pollutant-emitting activior emissions units will have an insignif

~ ant rse impact on air quality. In adopting ese the director may consider any rule t is. d by the administrator pursuant to § 5 2 of

permit shall b filed in ribed by th director, ormation n essa 

### ry to the deter ination to ion. The rector shallnts for p rmit applicad appli tion form for shall tablish by rule s for eneral permits. ssue pursuant to title inc de a compliance ap licant will complyii ments of this chapuding a schedule of nder which progress the director at least :tor may require that 

### sources that are used it in a certain process i. Before acting on an 

### director may requireer information or furhe director shall act, 

### uch application and w ing of the proposed pp 'cation, except that on ble period of time ion, 'nspect premises, e dir ctor sha11 adopt ures or determining

### ete,fo processing apg permi actions. The by rul criteria for 

### s for pr cessing per pted purs ant to this pursuant t title V of m to the req irements of § 505 a) of the clean air act. 4 D. T director shall give notice of a p pos permit for a source required to obtain a err. pursu nt to title V of the clean air act once ea week or two consecutive weeks in two newsp e of g neral circulation in the county in which t sou ce is or will be located. The notice shall scr' e the proposed permit and air contaminants be emitted and shall state that any person m s mit comments on the proposed permit and m 

## § 49-425 ENVIR®1@I.14dENT

~ ition, control and abatement of air po onal standards shall be established for matter emissions, sulfur dioxide em: :her air contaminant emissions. dete essary and feasible for the preve o n abatement of air pollution. I xi nt\ sofy standards, emiss' n st nd rformance, the di ctor sh

.e shall not be li ited to

ac ibed by the c an air act.
N y be enacte or amended he first holds a public heari d of suc earing. The pr ned to

n, conng such 

### andards all givethe rele

### except ng after oposed idment of a rule, shall public at the time of



### enforce the rules

section shall not applycultural vehicles or agriin normal farm operaequipment which, at a than a one or two family n one million British he ector may establish es o classifications of mit is n t required and s and emi ions units ate not require to be in

### director shall t adopt rules unless the director makes a g with supporting facts that the e the cl n air act z an source ategories from permit der title V of C. Eve application the manne and form and shall c tain all t enable the 'rector to 

### grant or den such ap establish by r e requ' tions, including the st title V sources, e di requirements for ppli An application for p V of the clean air ct 

### plan that describes o with all of the applic b] 

### ter and the clean a'

~ compliance and a sc reports will be submi every six months. The such application incluc or to be used by the 'ap or a single facility or lc application for a perm: the applicant to furnis ther plans or specific t within a reasonable i shall notify the appl' a approval or denial of s 

### the director may ave in which to ga r inf and issue such ermit rules that est lish p when applicat' ons are plications a for rev director sh 1 also es

me, on nt in uch a



### a reas
ormat s. Th 

### roced compl iewin tablish determinin reasonable time mit applic tions. Rules ado subsectio for permits issued the clean air act shall confor

d that exempts one or ore the requirement to o ain a the clean air act.'
for a



### presc he inf make plicat' ireme andar



### rector cation ermit i shall tv the

I i

;



## ~1741 . ST'A'I'E Alrlg POLI:><PI'IOfti CONTRO1(. 

## § 49-426

quest a public hearing, The director shall req e t e'a p plicant at the time of the first notice to ost th si

~ e,where the source is or may be locat d. Ifper itted by federal, state and local law, th posting hall be prominently placed at a site that isunde the applicant'.s legal control and tha is. adjacent t the nearest public roadway. Th postingshall b visible to the public using the p lic roadway an shall contain the information i the notice that is p lished by the director. If a pu lic hearingis reques d,_ the director shall requi the applicant to pl ce an additional posting at provides notice of t e public hearing. A p ting shall be maintained til the public comme t period on the proposed per 'it is closed. The di ector shall make available to th public notices of roposed perrriits. Each public no e that is issue under this chapter shall be mailed o the perm' applicant, to the affected federal, ate and 1 cal agencies and to those persons who ave requ sted in writing copiesof proposed permit tion n tices. During the public comment period, any person may submit a request to the depa e t to conduct a public hearing for the purpose o receiving oral or writtencomments on the propo d permit. A written comment shall state the na and

~ riiailing address of the person, shall be sig ed by the person, his agent or his attorney and s all c early set forth reasons why the permit sho d or hould not be issued. Grounds for comme t are li ited to whether the proposed permit ets the riteria for issuanceprescribed.in this ction or i§ 49-427. The department shall co sider and p epare written responses to all co ents reoeived during the public comment period including com ents made at a public hearing c ducted by the de artment. At the time a final per it decision is mad , copies of the department's r sponses shall be ma e available to the applicant nd any person who c mmented on the proposed ermit. E. Permits or revisions issued purs ant to this section or § 49-426.01 may be issued subject to such terms and conditions as are consi tent with the requir ents of this article, article 1 of this chapter 5 nd the clean air act 6 andare ound by the direc or to be necessary, following p blic no tice an an opportunity for a public he ring as provide in subsection D or H of this secti n or in§ 49- 6.01, .and subject to payment of a easonable f e to be determined as follows: 1. For a source that is required to obt 'n a per it pursuant to title V of the clean• air act, the di ector shall establish by rule a system of fees that is. consistent with and equivalent to that prescribed y§ 502 of the clean air act. These rules shal"1 rescribe procedures for increasing the fee chye by the percentage if any by which the nsumer p'ce index for the immediately prece ng calendar y r exceeds the consumer pr' e index for calendar ear 1989. 2. For a acility that is re red to obtain a permit pursu nt to this cha er but that is not required to obt 'n a permi ursuant to title V of the clean air act, e dire or shall determine a fee based on the total al cost of processing the permit application t not exceeding twenty-five thousand dollars The dire r shall estab ' h an annual inspection fee, not o exceed the aver e cost of inspection.The rector shall adopt, by ru criteria for deterining fees and for public hearin F. Permits issued pursuant to this section shall be issued for a period of five years. G. Except as provided in subsection H of t' s ction, any perso 

### n . burning used oil, used oil el, ha a acrdousin waste or hazardous waste fuel ' any m ine, cinerator or device shall first tain a perm't from the director. Any permit is ed by the dir ect r under this subsection shall ontain, at a minim , conditions governing:

1. Li ationson the types, ounts and feed rates of us d oil, used oil fuel azardous waste or hazardous ste fuel which ay be burned.

2. The freq ency and es of fuel testing to be conducted by th person.

3. The frequen an type of emissions testing or monitoring to be c cted by the person.

4. Requirements record keeping and reporting.

5. Numeric e ission limitations expressed inpounds per ho and ton per year for air contaminants to be e itted from he facility burning offspecification sed oil fuel, ' zardous waste or hazardous wast fuel. H. The cyrector may issue a eneral permit for a defined cyass of facilities if class contains a large nEb 

### er of facilities thaaresubst 

### an tially similar ature and that have s stantially similar emins and if the following\

th ons are met: 1. general permit shall complyl of the requ' ements for permits prescribedsection exc t for the requirements of subs of this sec on and shall be consistent witean air

The director shall give notice of the ral permit once each week for two cc:,;.



### § 49-426 ENVIR®1@I aldEN'IC 1742 17



### 1~ veek in a newspaper of general circulation ' ach county. The notice shall describe the.propo ed neral. permit



### , the general class of sources hat w uld be subject to the proposed permit the air contaminants to be emitted: The. notic shall also state that any person may submit co ents on t proposed general permit and may r quest a publi hearing. A.written comment sha state the name f the person and the person' agent or attorne and shall clearly set fo 

### rt h. reas ns why the general ermit should or should n be. issued. Grounds for comment are limited t whether theproposed eneral permit meets the riteria for issuance presc ibed in this section or 49-427.

3. bn iss ance of a general rmit any person seeking to rmit a source un er this subsection shall submit n application pu suant to subsection C of this secti

4. If the dir tor approve an application to be permitted unde a genera permit, the director shall provide not e of the proval in a newspaper of general circul ion in e county in which the source is or will be ocate .

5. If a person vi ate a general permit, the director may require source to obtain a permit pursuant to subsectio A of this section.

6. A general permi ay be revoked or revised at any time by the di ec r if necessary to comply with this chapter. I the irector revokes or revisesa general permit, e dir ctor shall riotiSy all persons whose soure s are a cted by the revocation or revision and all inclu notice of procedures to obtain a per, it pursuant subsection A of this section or notic of procedures or compliance with the revisioris.

7. The dir tor by rule shall dopt procedures for the issua ce of general permits.

8. The ' ector may adopt condit ns in a general permit plicable to sources loca d in a specified geog aphic area either indepen ently of or upon pe tion by a county air pollut on control officer. L. P mits issued pursuant to this sec on for a sourc required to obtain a permit under 'tle V of thec an air act shall contain all of the fo owing:1. Conditions reflecting all applicable r uireme ts of this article and rules adopted pursua t to thi article.
l:nforceable emission limitations and st nd rds:

3. A schedule for compliance, if applicable.

4. The requirement to submit at least every six months the results o£ any required monitoring. Any other conditions that are necessary. hf

. a : :.'.,; :;; : 

# ~ :. assu e compliance with this a 

### rt icle and the e' an tb.

. air a t, including the applicable implement tion e 1 

### plan.

J. Th director ma refuse to issue an f`

Y Y pe it fo.

~ r any sour e subject to the requirements of ti le V of the clean ir act if the administrator obje s to its issuance i a timely manner as prescrib d und'er ? title V of the act.

K. If an a licant has submitted a imely and complete apph ation for a permit re ired under this section, but 'nal

. action has not een takeri on that application, ilure to obtain a rmit shalI not be a violation of his chapter unl ss the delay 'iii final action is due the failure the applicant tosubmit information equired o requested to process the application. his subs ction does not apply to any person requir to o tain a permit before commencing construc 'on a source as required under this section or a y erson seeking a permit revision as provided und § 49-426.01.

L. The director may ' e a single permit authorizing envssions from si 'lar operations at multiple temporary lo.cat'ons, 'f the permit includesconditions that will ssure ompliance with all applicable requireme ts of thi chapter and the clean air act at all locat'ons. Any ermit issued pursuant to this subsecti shall req i.re the applicant to notify

. .the dire or in advan of each change in location. In i uing a single ermit, the director may require separate permit ee for operations at each locatio .

M. In t case of a permit w th a term of three or more y ars issued pursuant t the requirements of title V of the clean air act to a ajor source, the directo shall require revisions the permit to incorp rate applicable standards nd regulations adopt d by the administrator pursu nt to the clean air t after the issuance of the rmit. The direct r shall require any revisions a exped' ztiously as racticable, but not later than eig teen monthsaft r the promulgation of such standa ds and regulat ons. No permit revision shall be re uired if the e ective date of standards and regula 'ons is after t e expiration of the permit. Any per it revisionr quired pursuant to this subsection sh 1 be treatd as a permit renewal.

N. Any permit issued pursuant to the requireents of this article and title V of the clea air act to a unit subject to the provisions of title I of the clean air act 7 shall include conditions prohi iting all of the following:
1. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxi e ..~

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### 1743 STATE AIR pOULUTIOlOI COlO1T1Z011, § 49-426.03

l by the owners or operators of the unit or designated representative of the owners or

2. mounts in excess of applicable em'4sion

rates.

3. The use of any allowance prior to the year for which it s allocated.

4. Contra ention of any other provi ion of the permit.

O. The direct r shall adopt a rule specifying the notice, public pa icipation require ents and other permit issuance p ocedures for p mits that are not issued pursuant title V of the clean air act.

P. In determinin whethe a permitting threshold established pur ant this section applies toan existing source, t e d' ector shall exclude particulate matter that ot subject to a national ambient air quality st dard under the clean air

act. Added as § 36-1707.0 by Laws 1969, Ch. 53, § 19. Amended by.Laws 197 , Ch. 64, § 30, eff. May 18, 1970; Laws 1971, Ch. 190, § 13; L ws 1977, Ch. 171, § 17; Laws 1978, Ch. 64, 1, eff. M' 23, 1978; Laws 1982, Ch. 150, § 1;

L aws 1983, Ch. 16 ,§ 1. Renumbered as § 49-426 and am ded by Laws 986, Ch. 368, §§ 37, subsec. C, 79, eff. uly 1, 1987. ended by Laws 1989, Ch. 286, § 1; L s 1990, Ch. 42, 7; Laws 1991, Ch. 115, § 1, eff: M 13, 1991; Laws 19 Ch. 220, § 5, eff. June 11, 1991; aws 1991, Ch. 283, §; Laws 1992 ) Ch. 299, § 12; L: s 1992, Ch. 299, § 14, Sept. 1, 1993; Laws 1992, 319, § 51; Laws 1996, C. 88, § 1; Laws 1996, Ch. 2 8, § 5; Laws 1996, Ch. 364, 1; Laws 1997, Ch. 175, §; Laws 1997, Ch. 178, § 5.

14211S, .A. § 7412.

2 42U. .C.A. § 7661a.

3 42 .S.C.A. § 7661 et seq.
442 .S.C.A. § 7661d.
5 S ction 49-401 et seq.

6 42 U.S.C.A. 7401 et seq. 42 U.S.C.A. § 7641 et seq.

. es w'



### am

A.7 alchanges ctor shall establish by provisions t within a sour required to obtain a permi nder title V o ~ t1

~ e clean air act without requiring ermi evision if all of the following conditions

~

ar ' et:

1. The chang s

~ do not c stitute modifications
under title I o

~ e clean air act.

. 2. The changes do not result in an mission that is greater than the emissions allowed der the permit. 

# J The source provides the director with a writ te ',notice of the proposed changes at least sev n day in advance of the beginning of those chan" es.
4. The source satisfies other conditions that may b established in the rules adopted purs ant to this se tion for title V sources. Rules doptedpursuan to this section at a minimum s all conform to t ose adopted by the administra r pursuant to title of the clean air act and ma prescribe a different ime limit for notification associated with emerge cy conditions.

B. A perm't issued pursuant to 49-426 may be revised, revi ced and reissued, o terminated for cause. The filin of a request for permit revision, revocation and eissuance, or ermination or a notification filed rsuant to s section A of this section does not sta an effecti e permit condition. The director may req ire that e applicant providein writing within a r sona e time any information that the director id nti 'es as necessary for the director to determine if use exists for revising, revoking and reissuing, terminating the permitor for determining com ia ce with permit conditions.
C. The director s all esta lish by rule procedures related to pub lc and de rtmental review of changes to a perm' ed source. or title V sources, these rules at a inimum shall onform to those adopted by the ministrator purs nt to title V of the clean air a t. For changes to s\ 1et are not required obtain a permit und of the clean air ac , the necessity for and ublic and depar ental review of a chan e determined as prescribed by this c d the environ ental significance of the ch Added y Laws 1992, Ch. 299, § 16, e 1993. Amen ed by Laws 1996, Ch. 88, § 2. 14 U,S:C.A. § 7401 et seq.

-- rr

-- r~ .av•vr, a.aaaaa ~ aaaacau The dire shall. establish by rule co ons under which co ance with a rt or permit revision issued pursua s chapter constitutes compliance with app i ble requirements of this chapte the clean air ac .
Ad y Laws 1992, Ch. 299, § 16, eff. . l, 1993.

- . . Enforcement o e e ous air p a finitions

A. list of hazardous air polluta § 112(b)(1) of t ean air a opted as the list of federally iisted h 

# ~ airpollutants that will be sn



# ~~ he programo ursuant to sub zon B of this sectionthin one after

/"Arizos2a Administrative Code
Department of Environmental Quality - Air Pollution Control

TITLE 18. ENVIRONMENTAL QUALITY
CIiAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR POLLUTION CONTROL Title 18, Ch. 2

ARTICLE 1. GENERAL
Article I consisting of Section R9-3-101 renzinzbered as Article 1, Section R18-2-101 (Szipp. 87-3).
Section R18-2-101. Definitions R18-2-102. Incorporated Materials R18-2-103, Applicable Implementation Plan; Savings
ARTICLE 2. AMBIENT AIR QUALITY STANDARDS; AREA DESIGNATIONS; CLASSIFICATIONS
Article 2, consisting of Sections R18-2-201 through R18-2- 290, adopted effective August 8, 1991 (Supp. 91-3). Article 2, consisting of Sections R18-2-201 througlz R18-2- 220, repealed effective August 8, 1991 (Supp. 91-3). Article 2 consisting ofSections R9-3-201, R9-3-202, R9-3-204 through R9-3-207, and R9-3-215 through R9-3-219 renumbered as Article 2, Sections R18-2-201, R18-2-202, R18-2-204 through R18- 2-207, and R18-2-215 through RI8-2-219 (Supp. 87-3).
Section R18-2-201. Particulate Matter: PM t p and PMZ 5 R18-2-202. Sulfur Oxide (Sulfur Dioxide) R18-2-203. Ozone: One-hour Standard and Eight-hour Average

Standard R18-2-204. Carbon monoxide R18-2-205. Nitrogen Oxides (Nitrogen Dioxide) R18-2-206. Lead R18-2-207. Renumbered R18-2-208. Reserved R18-2-209. Reserved R18-2-210. Attainment, Nonattainment, and Unclassifiable Area

Designations R18-2-211. Reserved R18-2-212. Reserved R18-2-213. Reserved R18-2-214. Reserved R18-2-215. Ambient air quality monitoring methods and procedures R18-2-216. Interpretation of Ambient Air Quality Standards and

Evaluation of Air Quality Data R18-2-217. Designation and Classification of Attainment Areas R18-2-218. Limitation of Pollutants in Classified Attainment

Areas R18-2-219. Repealed

. R18-2-220. Air pollution emergency episodes

ARTICLE 3. PERMITS AND PERMIT REVISIONS
Article 3, conststing of Sections R9-3-301 through R9-3-332, adopted effective Novensber 15, 1993 (Supp. 93-4). Article 3, consisting of Sections R9-3-301 through R9-3-319, and R9-3-321 through R9-3-323 repealed effective November 15, 1993 (Supp. 93-4). Article 3 consisting of Sections R9-3-301 through R9-3-319 and R9-3-321 through R9-3-323 renumbered as Article 3, Sections R18-2-301 through R18-2-319 and R18-2-321 through R18-2-323 (Supp. 87-3).

Section R18-2-301. Definitions R18-2-302. Applicability; Registration; Classes of Permits R18-2-302.01. Source Registration Requirements R18-2-303. Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition R18-2-304. Permit Application Processing Procedures R18-2-305. Public Records; Confidentiality R18-2-306. Permit Contents R18-2-306.01. Permits Containing Voluntarily Accepted Emission

Limitations and Standards R18-2-306.02. Establishment of an Emissions Cap R18-2-307. Permit Review by the EPA and Affected States R18-2-308. Emission Standards and Limitations R18-2-309. Compliance Plan; Cei

- tification R18-2-310. Affirmative Defenses for Excess Emissions Due to

Malfunctions, Startup, and Shutdowri R18-2-310.01. Reporting Requirements R18-2-311. Test Methods and Procedures R18-2-312. Performance Tests R18-2-313. Existing Source Emission Monitoring R18-2-314. Quality Assurance R18-2-315. Posting of Permit R18-2-316. Notice by Building Permit Agencies R18-2-317. Facility Changes Allowed Without Permit Revisions

- Class I R18-2-317.01. Facility Changes that Require a Permit Revision

-

Class II R18-2-317.02. Procedures for Certain Changes that Do Not Require

a Permit Revision

- Class II R18-2-318. Administrative Permit Amendments R18-2-318.01. Annual Summary Permit Amendments for Class II

Permits R18-2-319. Minor Permit Revisions R18-2-320. Significant Permit Revisions R18-2-321. Permit Reopenings; Revocation and Reissuance;

Termination R18-2-322. Permit Renewal and Expiration R18-2-323. Permit Transfers R18-2-324. Portable Sources R18-2-325. Permit Shields R18-2-326. Fees Related to Individual Permits R18-2-326.01, Emissions-Based Fee Increase Related to Individual

Permits for Fiscal Year 2011 R18-2-327. Annual Emissions Inventory Questionnaire R18-2-328. ConditionalOrders R18-2-329. Permits Containing the Terms and Conditions of

Federal Delayed Compliance Orders (DCO) or Consent Decrees R18-2-330. Public Participation R18-2-331. Material Permit Conditions R18-2-332. Stack Height Limitation R18-2-333. Acid Rain R18-2-334. Minor New Source Review
ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING

MAJOR SOURCES
Article 4, consisting of Sections R18-2-401 through R18-2- 411, adopted effective November 15, 1993 (Supp. 93-4). Article 4, consisting of Sections R18-2-401 through R18-2- 410, renumbered as Article 6, Sections R18-2-601 through R18-2- 610 (Supp. 93-4).

June 30, 2012 Page 1 Supp. 12-2Title 18, Ch. 2 ArizonaAdnunistrative Code
Department of Environmental Quality - Air Pollution Control

Article 4 consisting of Sections R9-3-401 through R9-3-410 renumbered as Article 4, Sections R18-2-401 through R18-2-410 (Supp. 87-3).
Section R18-2-401. Definitions R18-2-402. General R18-2-403. Permits for Sources Located in Nonattainment Areas R18-2-404. Offset Standai•ds R18-2-405. Special Rule for Major Sources of VOC or Nitrogen

Oxides in Ozone Nonattainment Areas Classified as Serious or Severe R18-2-406. Permit Requirements for Sources Located in Attainment and Unclassifiable Areas R18-2-407. Air Quality Impact Analysis and Monitoring

Requirements R18-2-408. Innovative Control Technology R18-2-409, Air Quality Models R18-2-410. Visibility Protection R18-2-411. Repealed R18-2-412. PALs

ARTICLE 5. GENERAL PERMITS
Article 5, consisting of Sections R18-2-501 through R18-2- 510, adopted effective November 15, 1993 (Supp. 93-4). Article 5, consisting of Sections R18-2-501 through R18-2- 530, rentinibered as Article 7, Sections R18-2-701 through R18-2- 730 (Supp. 93-4). Article 5 consisting of Sections R9-3-501 through R9-3-529 renuntbered as Article 5, Sections R18-2-501 through R18-2-529 (Supp. 87-3).

Section R18-2-501. Applicability R18-2-502. General Permit Development R18-2-503. Application for Coverage under General Permit R18-2-504. Public Notice R18-2-505. General Permit Renewal R18-2-506. Relationship to Individual Permits R18-2-507. General Permit Variances R18-2-508. General Permit Shield R18-2-509. General Permit Appeals R18-2-510. Terminations of General Permits and Revocations of

Authority to Operate Under a General Permit R18-2-511. Fees Related to General Permits R18-2-512. Changes to Facilities Granted Coverage under General Permits R18-2-513. Portable Sources Covered under a General Permit R18-2-514. Renumbered R18-2-515. Renumbered R18-2-515.01. Renumbered R18-2-515.02. Renumbered R18-2-516. Renumbered R18-2-517. Renumbered R18-2-518. Renumbered R18-2-519. Renumbered R18-2-520. Renumbered R18-2-521. Renumbered R18-2-522. Renumbered R18-2-523. Renumbered R18-2-524. Renumbered R18-2-525. Renumbered R18-2-526. Renumbered R18-2-527, Renumbered R18-2-528. Renumbered R18-2-529. Renumbered R18-2-530. Renumbered ARTICLE 6. EMISSIONS FROM EXISTING AND NEW NONPOINT SOURCES
Article 6, consisting of Sections RI8-2-601 throttgh R18-2- 610, renumbered from Article 4, Sections R18-2-401 through RI8- 2-410 (Sttpp. 93-4). Article 6, consfsting of Sections R18-2-601 through R18-2- 605, rentimbered to Article 8, Sections R18-2-801 through R18-2- 805 (Supp. 93-4). Article 6 consisting of Sections R9-3-601 through R9-3-605 i•enumbered as Artfcle 6, Sections R18-2-601 throtigh R18-2-605 (Supp. 87-3).
Section R18-2-601. General R18-2-602. Unlawful Open Burning R18-2-603. Repealed R18-2-604. Open Areas, Dry Washes, or Riverbeds R18-2-605. Roadways and Streets R18-2-606. Material Handling R18-2-607. Storage Piles R18-2-608. Mineral Tailings R18-2-609. Agricultural Practices R18-2-610. Definitions for R18-2-610.01 R18-2-610.01. Agricultural PM Io General Permit for Crop Operations; PM I p Nonattainment Areas R18-2-611. Definitions for R18-2-2-611.01 R18-2-611.01. Animal Operations PM,p General Permit; Moderate

and Serious PM Io Nonattainment Areas Except Yuma County R18-2-612. Definitions for R18-2-613 R18-2-613. Yuma PM I p Nonattainment Area; Agricultural Best

Management Practices R18-2-614. Evaluation of Nonpoint Source Emissions

ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS
Article 7 consisting of Sections R18-2-701 through R18-2-730 renunzbered from Article 5, Sections R18-2-501 through R18-2-530 (Supp. 93-4). Article 7 consisting of Sections R18-2-701 through R18-2-709 repealed effective September 26, 1990 (Supp. 90-3). Article 7 consisting of Sections R9-3-701 through R9-3-709 renumbered as Article 7, Sections R18-2-701 through R18-2-709 (Supp. 87-3).

Section R18-2-701. Definitions R18-2-702. General Provisions R18-2-703. Standards of Performance for Existing Fossil-fuel

Fired Steam Generators and General Fuel-burning Equipment R18-2-704. Standards of Performance for Incinerators R18-2-705. Standards of Performance for Existing Portland

Cement Plants R18-2-706. Standards of Performance for Existing Nitric Acid

Plants R18-2-707. Standards of Performance for Existing Sulfuric Acid

Plants R18-2-708. Standards of Performance for Existing Asphalt Concrete Plants R18-2-709. Standards of Performance for Existing Petroleum

Refineries R18-2-710. Standards of Performance for Existing Storage Vessels for Petroleum Liquids

Supp. 12-2 Page 2 June 30, 2012ArizoiaaAdndnistrative Code Title 18. Ch. 2
Department of Environmental Quality — Air Pollution Control

R18-2-711. Standards of Performance for Existing Secondary

Lead Smelters R18-2-712. Standards of Performance for Existing Secondary

Brass and Bronze Ingot Production Plants R18-2-713. Standards of Performance for Existing Iron and

Steel Plants R18-2-714. Standards of Performance for Existing Sewage

Treatment Plants R18-2-715. Standards of Performance for Existing Primary Copper Smelters; Site-speciflc Requirements R18-2-715.01. Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring R 18-2-715.02. Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions R18-2-716. Standards of Perfonnance for Existing Coal Preparation Plants R18-2-717. Standards of Performance for Steel Plants: Existing

Electric Arc Furnaces (EAF) R18-2-718. Repealed R18-2-719. Standards of Perforraance for Existing Stationary

Rotating Machineiy R18-2-720. Standards of Perfoimance for Existing Lime Manufacturing Plants R18-2-721. Standards of Performance for Existing Nonferrous

Metals Industry Sources R18-2-722. Standards of Performance for Existing Gravel or

Crushed Stone Processing Plants R18-2-723. Standards of Performance for Existing Conerete

Batch Plants R18-2-724. Standards of Performance for Fossil-fuel Fired

Industrial and Commercial Equipment R18-2-725. Standards of Performance for Existing Dry Cleaning

Plants R18-2-726. Standards of Performance for Sandblasting Operations R18-2-727. Standards of Performance for Spray Painting Operations R18-2-728. Standards of Performance for Existing Ammonium

Sulfide Manufacturing Plants R18-2-729. Standards of Performance for Cotton Gins R18-2-730. Standards of Performance for Unclassified Sources R18-2-731. Standards of Performance for Existing Municipal

Solid Waste Landfills R18-2-732. Standards of Performance for Existing Hospital/

Medical/Infectious Waste Incinerators R18-2-733. Incorporation of Federal Standards of Performance

for Mercury Emissions fi•om Coal-Fired Electric Steam Generating Units R18-2-733.01. Additional Mercury Allowance Acquisition

Requirements for Coal-Fired Electric Steam Generating Units R18-2-734. State Standards of Performance for Mercury Emissions from Coal-Fired Electric Steam Generating Units Table 1. Emission Limitations for Small, Medium, and Large

HMIWI Table 2. Emissions Limitations for Rural HMIWI
ARTICLE 8. EMISSIONS FROM MOBILE SOURCES (NEW

AND EXISTING)
Article 8, consisting of Sections R18-2-801 through R18-2- 805, renumbered from Article 6, Sections R18-2-601 through R18- 2-605 (Supp. 93-4). Article 8, consisting of Sections R18-2-801 throaigh R18-2- 805, renumbered to Article 9, Sections R18-2-901 through R18-2- 905 (Supp. 93-4). Article 8 consisting of Sections R18-2-801 through R18-2-805 adopted effective February 26, 1988. Former Article 8 consisting of Sections R9-3-801 through R9- 3-829, R9-3-831, R9-3-832, R9-3-835 through R9-3-838, R9-3-840through R9-3-848, and R9-3-857 through R9-3-859 repealed effective February 26, 1988.

Section R18-2-801. Classification of Mobile Sources R18-2-802, Off-road Machineiy R18-2-803. Heater-planer Units R18-2-804. Roadway and Site Cleaning Machinery R18-2-805. Asphalt or Tar Kettles

ARTICLE 9. NEW SOURCE PERFORMANCE STANDARDS
Article 9, consisting of Sections R18-2-901 through R18-2- 905, renunzbered frons Article 8, Sections R18-2-801 through R18- 2-805 (Supp. 93-4). Article 9, consisting of Sections R18-2-901 through R18-2- 905, renumbered to Article 11, Sections R18-2-1101 through RI8-2- 1105 (Supp. 93-4). Article 9 consisting of Sections R18-2-901 and R18-2-902 adopted effective February 26, 1988. Former Article 9 consisting of Sections R9-3-901, R9-3-903 through R9-3-906, R9-3-910, R9-3-913, and R9-3-922 repealed effective February 26, 1988.

Section R18-2-901. Standards of Performance for New Stationary

Sources R18-2-902. General Provisions R18-2-903. Standards of Performance for Fossil-fuel Fired

Steam Generators R18-2-904. Standards of Performance for Incinerators R18-2-905. Standards of Performance for Storage Vessels for

Petroleum Liquids R18-2-906. Repealed R18-2-907. Reserved R18-2-908. Reserved R18-2-909. Reserved R18-2-910. Repealed R18-2-911. Reserved R18-2-912. Reserved R18-2-913. Repealed R18-2-914. Reserved R18-2-915. Reserved R18-2-916. Reserved R18-2-917. Reserved R18-2-918. Reserved R18-2-919. Reserved R18-2-920. Reserved R18-2-921. Reserved R18-2-922. Repealed
ARTICLE 10. MOTOR VEHICLES; INSPECTIONS AND

MAINTENANCE
Former Article 10 consisting of Sections R9-3-1001, R9-3- 1003 through R9-3-1013, R9-3-1016 through R9-3-1019, R9-3- 1022, R9-3-1023, R9-3-1025 through R9-3-1031 renunabered as Article 10, Sections R18-2-1001, R18-2-1003 through R18-2-1013, R18-2-1016 through R18-2-1019, R18-2-1022, R18-2-1023, and R18-2-1025 through R18-2-1031 effective August 1, 1988.
Section R18-2-1001. Definitions R18-2-1002. Reserved

June 30, 2012 Page 3 Supp. 12-2Title 18, Ch. 2 Arizona Adnurcistrative Code
Department of Environmental Quality - Air Pollution Control

R18-2-1003. Vehicles to be Inspected by the Mandatory Vehicle

Emissions Inspection Program R18-2-1004. Repealed R18-2-1005. Time of Inspection R18-2-1006. Emissions Test Procedures R18-2-1007. Evidence of Meeting State Inspection Requirements R18-2-1008. Procedure for Issuing Certificates of Waiver R18-2-1009. Tampering Repair Requirements R18-2-1010. Low Emissions Tune-up, Emissions and Evaporative System Repair R18-2-1011. Vehicle Inspection Report R18-2-1012. Inspection Procedures and Fee R18-2-1013. Reinspections R18-2-1014. Repealed R18-2-1015. Repealed R18-2-1016. Licensing ofInspectors R18-2-1017. Inspection of Government Vehicles R18-2-1018. Certificate of Inspection R18-2-1019. Fleet Station Procedures and Permits R18-2-1020. Licensing of Third Party Agents; Issuing Alternative

Fuel Certificates R18-2-1021. Reserved R18-2-1022. Procedure for Waiving Inspections Due to Technical

Difficulties R18-2-1023. Certificate of Exemption for Out-of-State Vehicles R18-2-1024. Expired R18-2-1025. Inspection of Contractor's Equipment and Personnel R18-2-1026. Inspection of Fleet Stations R18-2-1027. Registration and Inspection of Emissions Analyzers

and Opacity Meters R18-2-1028. Certification of Users of Registered Analyzers and

Analyzer Repair Persons R18-2-1029. Vehicle Emission Control Devices R18-2-1030. Visible Emissions; Mobile Sources R18-2-1031. Standards for Evaluating the Oxidation Efficiency of

a Catalytic Converter Table 1. Dynamometer Loading Table

- Annual Tests Table 2. Emissions Standards

- Annual Tests Table 3. Emissions Standards

- Transient Loaded Emissions

Tests Table 4. Transient Driving Cycle Table 5. Tolerances Table 6. Repealed

ARTICLE 11. FEDERAL HAZARDOUS AIR POLLUTANTS
Article 11, consisting of Sections R18-2-1101 and R18-2-1102 adopted effective November 15, 1993 (Supp. 93-4). Article 11 consisting of Sections R18-2-1101 and R18-2-1102 repealed effective September 26, 1990 (Supp. 90-3). Article 11 consisting of Sections R9-3-1101, R9-3-1102, and Appendices I through 11 renumbered as Article 11, Sections R18-2- 1101, R18-2-1102, andAppendices 1 through 11 (Supp. 87-3).

SectionR18-2-1101. National Emission Standards for Hazardous Air Pollutants (NESHAPs) R18-2-1102. General Provisions

ARTICLE 12. EMISSIONS BANK
Article 12, consisting of Sections R18-2-1201 throztgh RI8-2- 1208, made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1).

Section R18-2-1201. Definitions R18-2-1202. Applicability R18-2-1203. Emissions Bank Administration R18-2-1204. Credit Generation R18-2-1205. Credit Certification R18-2-1206. Credit Utilization R18-2-1207. Credit Withdrawal R18-2-1208. Fees

ARTICLE 13. DIESEL CONVERSION GRANT PROGRAM
Artfcle 13, consisting of Secta'ons R18-2-1301 through R18-2- 1307, made by final rulemaking at 9 A.A.R. 1295, effective Apri12, 2003 (Supp. 03-2).

Section R18-2-1301. Definitions R18-2-1302. Available Funds R18-2-1303. Eligibility R18-2-1304. Application Process R18-2-1305. Application Priority List R18-2-1306. Grant Amount R18-2-1307. Review of Grant Determination

ARTICLE 14. CONFORMITY DETERMINATIONS

Section R 18-2-1401. Definitions R18-2-1402, Applicability R18-2-1403. Priority R 18-2-1404. Frequency of Conformity Determinations R18-2-1405. Consultation R18-2-1406. Content of Transportation PlansR18-2-1407. Relationship of Transportation Plan and TIP Conformity with the NEPA Process R18-2-1408. Fiscal Constraints for Transportation Plans and TIPs R18-2-1409. Criteria and Procedures for Determining Conformity

of Transportation Plans, Programs, and Projects: GeneralR18-2-1410. Crites•ia and Procedures: Latest Planning Assumptions R18-2-1411. Criteria and Procedures: Latest Emissions Model R18-2-1412. Criteria and Procedures: Consultation R18-2-1413. Criteria and Procedures: Timely Implementation of

TCMs R18-2-1414. Criteria and Procedures: Currently Conforming

Transportation Plan and TIP R18-2-1415. Criteria and Procedures: Projects from a Plan and

TIP R18-2-1416. Criteria and Procedures: Localized CO and PM I p

Violations (Hot Spots) R18-2-1417. Criteria and Procedures: Compliance with PMIo

Control Measures R18-2-1418. Criteria and Procedures: Motor Vehicle Emissions

Budget (Transportation Plan) R18-2-1419. Criteria and Procedures: Motor Vehicle Emissions

Budget(TIP) R 18-2-1420. Criteria and Procedures: Motor Vehicle Emissions

Budget (Project Not from a Plan and TIP) R18-2-1421. Criteria and Procedures: Localized CO Violations

(Hot Spots) in the Interim and Transitional Periods R18-2-1422. Criteria and Procedures: Interim and Transitional

Period Reductions in Ozone and CO Areas (Transportation Plan) Rl 8-2-1423. Criteria and Procedures: Interim Period Reductions

in Ozone and CO Areas (TIP) R 18-2-1424. Criteria and Procedures: Interim Period Reductions

for Ozone and CO Areas (Project Not fi

- om a Plan and TIP) R18-2-1425. Criteria and Procedures: Interim Period Reductions

for PM Io and NO z areas (Transportation Plan)

Supp. 12-2 Page 4 June 30, 2012AriZoi2a Adnunistrative Code Title 18, Ch. 2
Department of Environmental Quality - Air Pollution Control

R18-2-1426. Criteria and Procedures: Interim Period Reductions

for PM 10 and NO2 areas (TIP) R18-2-1427. Criteria and Procedures: Interim Period Reductions

for PM I p and NO 2 areas (Project Not from a Plan and TIP) R18-2-1428. Transition from the Interim Period to the Control

Strategy Period R18-2-1429. Requirements for Adoption or Approval of Projects

by Recipients of Funds Designated under 23 U.S.C. or the Federal Transit Act R18-2-1430. Procedures for Determining Regional Transportation-related Emissions R18-2-1431. Procedures for Determining Localized CO and

PM I p Concentrations (Hot-spot Analysis) R18-2-1432. Using the Motor Vehicle Emissions Budget in the

Applicable Implementation Plan or Implementation Plan Submission R18-2-1433. Enforceability of Design Concept and Scope and

Project-level Mitigation and Control Measures R18-2-1434. Exempt Projects R18-2-1435. Projects Exempt from Regional Emissions Analyses R18-2-1436. Special Provisions for Nonattainment Areas Which

are Not Required to Demonstrate Reasonable Further Progress and Attainment R18-2-1437. Reserved R18-2-1438. General Conformity for Federal Actions

ARTICLE 15. FOREST AND RANGE MANAGEMENT BURNS

Article 15, consisting of R18-2-1501 through R18-2-1515, adopted effective October 8, 1996 (Supp. 96-4).

Section R18-2-1501. Definitions R18-2-1502. Applicability R18-2-1503. Annual Registration, Program Evaluation and Planning R18-2-1504. Prescribed Burn Plan R18-2-1505. Prescribed Burn Requests and Authorization R18-2-1506. Smoke Dispersion Evaluation R18-2-1507, Prescribed Burn Accomplishment; Wildfire Reporting R18-2-1508. Wildland Fire Use: Plan, Authorization, Monitoring;

Interagency Consultation; Status Reporting R18-2-1509. Emission Reduction Techniques R18-2-1510. Smoke Management Techniques R18-2-1511. Monitoring R18-2-1512. Burner Qualifications R18-2-1513. Public Notification and Awareness Program;

Regional Coordination R18-2-1514. Surveillance and Enforcement R18-2-1515. Forms; Electronic Copies; Information Transfers
ARTICLE 16. VISIBILITY; REGIONAL HAZE
Article 16, consisting of Sections R18-2-1601 through R18-2-1606, made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4).

Section R18-2-1601. Definitions R18-2-1602. Applicability R18-2-1603. Certification of Impaiiment R18-2-1604. Attribution Analysis; Finding R18-2-1605. BART Control Analysis; Finding R18-2-1606. Exemption from BART R18-2-1607. Reserved R18-2-1608. Reserved R18-2-1609. Reserved R18-2-1610. S02 Milestones and Backstop Trading Program;

Definitions R18-2-1611. ApplicabilityR18-2-1612. Pre-trigger Monitoring, Recordkeeping, and Reporting R18-2-1613. Western Backstop S0 2 Trading Program Trigger

ARTICLE 17. ARIZONA STATE HAZARDOUS AIR

POLLUTANTS PROGRAM
Article 17, consisting of Sections R18-2-1701 through R18-2- 1709, made by final ruleniaking at 12 A.A.R.1953, effective January 1, 2007 (Supp. 06-2).

Section R18-2-1701. Definitions R18-2-1702. Applicability R18-2-1703. State List of Hazardous Air Pollutants R18-2-1704. Notice of Types and Amounts of HAPs R18-2-1705. Modifications; Permits; Permit Revisions R18-2-1706. Case-by-case HAPRACT Determination R18-2-1707. Case-by-case AZMACT Determination R18-2-1708. Risk Management Analyses R18-2-1709. Periodic Review

ARTICLE 18. REPEALED
Article 18, consisting of Sections R18-2-1801 through R18-2- 1812 and Appendix 13, repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).
Article 18, consisting of Sections R18-2-1801 through R18-2- 1812 and Appendix 13, made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2).

Section R18-2-1801. Repealed R18-2-1802. Repealed R18-2-1803. Repealed R18-2-1804. Repealed R18-2-1805. Repealed R18-2-1806. Repealed R18-2-1807. Repealed R18-2-1808. Repealed R18-2-1809. Repealed R18-2-1810, Repealed R18-2-1811. Repealed R18-2-1812. Repealed

Appendix 1. Standard Permit Application Form and Filing

Instructions Appendix 2. Test Methods and Protocols Appendix 3. Logging Appendix 4. Reserved Appendix 5. Repealed Appendix 6. Repealed Appendix 7. Repealed Appendix 8. A8. Procedures for Utilizing the Sulfur Balance

Method for Determining Sulfur Einissions Appendix 9. A9. Monitoring Requirements Appendix 10. Repealed Appendix 11. RepealedAppendix 12.Al2. Procedures for Detennining Ambient Air Concentrations for Hazardous Air Pollutants Appendix 13.Repealed

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ARTICLE 1. GENERAL

R18-2-101. Definitions The following definitions apply to this Chapter. Where the same term is defined in this Section and in the definitions Section for an Article of this Chapter, the Article-specific definition shall apply. 1. "Act" means the Clean Air Act of 1963 (P.L. 88-206; 42U.S.C. 7401 through 7671q) as amended through December 31, 2011 (and no future editions). 2: "Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in subsections (2)(a) through (e).

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during aconsecutive 24-month period that precedes the particular date and that is representative of normal source operation. The Director may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period. b. The Director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit at a Class I source 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 Class II 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. This definition shall not apply for calculating whether a significant emissions increase hasoccurred, or for establishing a PAL. Instead, the definitions of projected actual emissions and baseline actual emissions in R18-2-401 shall apply for those
purposes. 3. "Administrator" means the Administrator of the United States Environmental Protection Agency. 4. "Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable. 5. "Affected source" means a source that includes one or more units which are subject to emission reduction requirements or limitations under Title IV of the Act. 6. "Affected state" means any state whose air quality maybe affected by a source applying for a permit, permit revision, or permit renewal and that is contiguous to Arizona or that is within 50 miles of the permitted source. 7. "Afterburner" means an incinerator installed in the secondary combustion chamber or stack for the purpose of incinerating smoke, fumes, gases, unburned carbon, and other combustible material not consumed during primary combustion, 8. "Air contaminants" means smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mistaerosols, aerosol droplets, odors, particulate matter, windborne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere: 9. "Air curtain destructor" means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood wasteand slash materials in an earthen trench or refractorylined pit or bin. 10. `Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or inconnection with other substances by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, orobscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the director. A.R.S. § 49-421(2). 11. "Air pollution control equipment" means equipment usedto eliminate, reduce or control the emission of air pollutants into the ambient air. 12. "Air quality control region" (AQCR) means an area so designated by the Administrator pursuant to Section 107 of the Act and includes the following regions in Arizona:

a. Maricopa Intrastate Air Quality Control Region which is comprised of the County of Maricopa. b. Pima Intrastate Air Quality Control Region which is comprised of the County of Pima.

c. Northern Arizona Intrastate Air Quality Control Region which encompasses the counties of Apache, Coconino, Navajo, and Yavapai. d, Mohave-Yuma Intrastate Air Quality Control Region which encompasses the counties of La Paz, Mohave, and Yuma.

e. Central Arizona Intrastate Air Quality Control Region which encompasses the counties of Gila and Pinal. f. Southeast Arizona Intrastate Air Quality Control Region which encompasses the counties of Cochise, Graham, Greenlee, and Santa Cruz.13. "Allowable emissions" means the emission rate of a stationary source calculated using both the maximum ratedcapacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rateor hours of operation, and the most stringent of the following:

a. The applicable standards as set forth in 40 CFR 60, 61 or 63; b. The applicable existing source performance standard, as approved for the SIP and contained in Article 7 of this Chapter; or,

c. The emissions rate specified in any federally promulgated rule or federally enforceable permit conditions applicable to the stationary source. 14. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has

access.15. "Applicable implementation plan" means those provisions of the state implementation plan approved by theAdministrator or a federal implementation plan promulgated for Arizona or any portion of Arizona in accordance with Title I of the Act. 16. "Applicable requirement" means any of the following:

a. Any federal applicable requirement. b. Any other requirement established pursuant to this Chapter or A.R.S. Title 49, Chapter 3. 17. "Arizona Testing Manual" means sections 1 and 7 of the Arizona Testing Manual for Air Pollutant Emissions amended as of March 1992 (and no future editions). 18. "ASTM" means the American Society for Testing and Materials. 19. "Attainment area" means any area in the state that hasbeen identified in regulations promulgated by the AdminSupp. 12-2 Page 6 June 30, 2012ArfzonaAdnunistrative Code Title 18, Ch. 2
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istrator as being in compliance with national ambient air 21. "Best available control technology" (BACT) means an quality standards. emission limitation, including a visible emissions stan20. "Begin actual construction" means, initiation ofphysical dard, based on the maximum degree of reduction for each on-site construction activities on an emtssions unit which air regulated NSR pollutant which would be emitted from are of a pernaanent natzire. With respect to a change in any proposed major source or major modification, taking method of operation this term refers to those onsite activ- into account energy, environmental, and economic impact ities, other than preparatory activities, which niark the and other costs, determined by the Director in accordance initfation of the change. with R18-2-406(A)(4) to be achievable for such source or

a. For paerposes of title I, parts C and D and sectfon modification. 112 of the clean air act, and for purposes of appli- 22. "Btu" means British thermal unit, which is the quantity of cants that require permits containing limits designed heat required to raise the temperature of one pound of to avoid the appltcation of title 1, parts C and D and water 1°F. section 112 of the clean air act, these activities 23. "Categorical sources" means the following classes of include installation ofbuildingsupports andfounda- sources: tions, laying of underground pipework, and con- a. Coal cleaning plants with thermal dryers; struction of permanent storage structures but do not b. Kraft pulp mills; include any of the following, subject to subsection c. Portland cement plants; (20)(c): d. Primary zinc smelters;
i. Clearing and grading, including demolition e. Iron and steel mills; and removal of existing structures and equip- f. Primary aluminum ore reduction plants; ment, stripping and stockpiling of topsoil. g. Primary copper smelters; ii. Installation of access roads, driveways and h. Municipal incinerators capable of charging more parking lots. than 250 tons of refuse per day; iii. Installation of ancillary structures, including i. Hydrofluoric, sulfuric, or nitric acid plants; fences, office buildings and temporary storage j. Petroleum refineries; structures, that are not a necessary component k. Lime plants; of an emissions unit or associated air pollution 1. Phosphate rock processing plants; control equipment for which the permit is m. Coke oven batteries; required. n. Sulfur recovery plants; iv. Ordering and onsite storage of materials and o. Carbon black plants using the furnace process; equipment. p. Primary lead smelters; b. For purposes other than those identified in subsec- q. Fuel conversion plants; tion (20)(a), these activities do not include any ofthe r. Sintering plants; following, subject to subsection (20)(c): S. Secondary metal production plants; i. Clearing and grading, including demolition t. Chemical process plants, which shall not include and removal of existing structures and equip- ethanol production facilities that produce ethanol by ment, stripping and stockpiling of topsoil and natural fermentation included in North American earthwork cut and fill for foundations. Industry Classification System codes 325193 or ii. Installation of access roads, parking lots, 312140; driveways and storage areas. u. Fossil-fuel boilers, combinations thereof, totaling iii. Installatton of ancillary structures, including more than 250 million Btus per hour heat input; fences, warehouses, storerooms and office v. Petroleum storage and transfer units with a total buildings, provided none of these structures storage capacity more than 300,000 barrels; impacts the design of any emissions unit or w. Taconite preprocessing plants; associated air pollution control equipment. x. Glass ftber processing plants; iv. Ordering and onsite storage of materials and y. Charcoal production plants; equipment, z. Fossil-fuel-fired steam electric plants and combined

v. Installation of underground pipework, includ- cycle gas turbines of more than 250 million Btus per ing water, sewer, electric and telecommunica- hour heat input. tions utilities. 24. "Categorically exempt activities" means any of the folvi. Installation of building and equipment sup- lowing: ports, including concrete forms, footers, pil- a. Atty combination of diesel-, natural gas- or gasolineirzgs, foundations, pads and platforms, pi-ovided fired engines witb cumulative power equal to or less none of these supports impacts the design of than 145 horsepower. any emissions unit or associated air pollution b. Natural gas-fired engines with cumulative power control equtpment. equal to or less than 155 horsepower.

c. An applicant's performance of any activities that are c. Gasoline-fired engines with cumulative power equal excluded from the definition of "begin actual con- to or less than 200 horsepower. struction" under subsection (20)(a) or (b) shall be at d. Any of the following emergency or stand-by engines the applicant's risk and shall not reduce the appli- used for less than 500 hours in each calendar year, cant's obligations under this Chapter. The director provided the permittee keeps records documenting shall evaluate an application for a permit or permit the hours of operation of the engines: revision and make a decision on the same basts as if i. Any combination of diesel-, natural gas- or gasthe activities allowed under subsection (20)(a) or (b) oline-fired emergency engines with cumulative had not occurred. A.R.S. § 49-401.01(7). power equal to or less than 2,500 horsepower.

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ii. Natural gas-fired emergency engines with cumulative power equal to or less than 2,700 horsepower. iii. Gasoline-fired emergency engines with cumulative power equal to or less than 3,700 horsepower.e. Any combination of boilers with a cumulative maximum design heat input capacity of less than 10 million Btu/hr. 25. "CFR" means the Code of Federal Regulations, amended as of July 1, 2011, (and no future editions), with standard references in this Chapter by Title and Part, so that "40CFR 51" means Title 40 of the Code of Federal Regulations, Part 51. 26 "Charge" means the addition of inetal bearing materials, scrap, or fluxes to a furnace, converter or refining vessel.27 "Clean coal technology" means 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 airemissions 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. 28 "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy - Clean Coal Technology," up to atotal amount of $2,500,000,000 for commercial demonstration of clean coal technology or similar projects funded through appropriations for the EnvironmentalProtection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project. 29. "Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D-388- 91, (Classification of Coals by Rank). 30 "Combustion" means the burning of matter. 31 "Commence" means, as applied to construction of a source, or a major modification as defined in Article 4 of this Chapter, that the owner or operator has all necessary preconstruction approvals or permits and either has:

a. Begun, or caused to begin, a continuous program ofactual onsite construction of the source, to be completed within a reasonable time; or b. Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. 32. "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in actual emissions. 33. "Continuous monitoring system" means a CEMS, CERMS, or CPMS. 34. "Continuous emissions monitoring system" or "CEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, used to sample, condition (if applicable), analyze, and to provide, on a continuous basis, a permanent record of emissions. 35. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for thedetermination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 36. "Continuous parameter monitoring system" or "CPMS" means the total equipment, required under the emission monitoring provisions in this Chapter, to monitor processor control device operational parameters or other information and to provide, on a continuous basis, a permanent record of monitored values. 37. "Controlled atmosphere incinerator" means one or more refractory-lined chambers in which complete combustion is promoted by recirculation of gases by mechanical

means. 38. "Conventional air pollutant" means any pollutant for which the Administrator has promulgated a primary or secondary national ambient air quality standard. A.R.S. § 49-401.01(12). 39. "Department" means the Department of Environmental Quality. A.R.S. § 49-101(2) 40. "Director" means the director of environmental quality who is also the director of the department. A.R.S. § 49- 101(3). 41. "Discharge" means the release or escape of an effluent from a source into the atmosphere. 42. "Dust" means finely divided solid particulate matter occurring naturally or created by mechanical processing, handling or storage of materials in the solid state. 43. "Dust suppressant" means a chemical compound or mixture of chemical compounds added with or without waterto a dust source for purposes of preventing air entrainment. 44. "Effluent" means any air contaminant which is emitted and subsequently escapes into the atmosphere. 45. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical 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. 46. "Emission" means an air contaminant or gas stream, or the act of discharging an air contaminant or a gas stream, visible orinvisible. 47. "Emission standard" or "emission limitation" means a requirement established by the state, a local government, or the Administrator which limits the quantity, rate, orconcentration of emissions of air pollutants on a continuous basis, including any requirements which limit thelevel of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. 48. "Emissions unit" means any part of a stationary sourcewhich emits or would have the potential to emit any regulated air pollutant and includes an electric steam generating unit. 49. "Equivalent method" means any method of sampling andanalyzing for an air pollutant which has been demonstrated under R18-2-311(D) to have a consistent and quantitatively known relationship to the reference method, under specified conditions. 50. "Excess emissions" means emissions of an air pollutant in excess of an emission standard as measured by thecompliance test method applicable to such emission standard. 51. "Federal applicable requirement" means any of the following (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates):

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a. Any standard or other requirement provided for inthe applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirementsof the Act, including any revisions to that plan promulgated in 40 CFR 52. b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act.

c. Any standard or other requirement under section 111 of the Act, including 111(d). d. Any standard or other requirement under section 112 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 of the Act or the regulations promulgated thereunder and incorporated pursuant to R18-2-333. f. Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act.
g. Any standard or other requirement governing solid waste incineration, under section 129 of the Act. h. Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act. i. Any standard or other requirement for tank vessels under section 183(f) of the Act. j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act. k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator hasdetermined that such requirements need not be contained in a Title V permit. 1. Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act. "Federal Land Manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands."Federally enforceable" means all limitations and conditions which are enforceable by the Administrator under the Act, including all of the following:

a. The requirements of the New Source PerformanceStandards and National Emission Standards for Hazardous Air Pollutants contained in Articles 9 and I1 of this Chapter. b. The requirements of such other state or county rules or regulations approved by the Administrator,including the requirements of state and county operating and new source review permit and registrationprograms that have been approved by the Administrator. Notwithstanding this subsection, the condition of any permit or registration designated as being enforceable only by the state is not federally enforceable.

c. The requirements of any applicable implementation plan. d. Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping, and reporting requirements, other than those designated as enforceable only by the state, that are included in a permit pursuant to R18-2-306.01 or R18-2-306.02. 54. "Federally listed hazardous air pollutant" means a pollutant listed pursuant to R18-2-1701(9). 55. "Final permit" means the version of a permit issued by the Department after completion of all review required by this Chapter. 56. "Fixed capital cost" means the capital needed to provide all the depreciable components. 57. "Fuel" means any material which is burned for the purpose of producing energy. 58. "Fuel burning equipment" means any machine, equipment, incinerator, device or other article, except stationary rotating machinery, in which combustion takes place. 59. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 60. "Fume" means solid particulate matter resulting from the condensation and subsequent solidification of vapors of melted solid materials. 61. "Fume incinerator" means a device similar to an afterburner installed for the purpose of incinerating fumes, gases and other finely divided combustible particulate matter not previously burned. 62. "Good engineering practice (GEP) stack height" means a stack height meeting the requirements described in R18- 2-332. 63. "Hazardous air pollutant" means any federally listed hazardous air pollutant. 64. "Heat input" means the quantity of heat in terms of Btus generated by fuels fed into the fuel burning equipment under conditions of complete combustion. 65. "Incinerator" means any equipment, machine, device, contrivance or other article, and all appurtenancesthereof, used for the combustion of refuse, salvage materials or any other combustible material except fossil fuels, for the purpose of reducing the volume of material. 66. "Indian governing body" means the governing body ofany 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. 67. "Indian reservation" means any federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress. 68. "Insignificant activity" means any of the following activities: a. Liquid Storage and Piping i. Petroleum product storage tanks containing the following substances, provided the applicant lists and identifies the contents of each tankwith a volume of 350 gallons or more and provides threshold values for throughput or capacity or both for each such tank: diesel fuels and fuel oil in storage tanks with capacity of 40,000 gallons or less, lubricating oil, transformer oil, and used oil. ii. Gasoline storage tanks with capacity of 10,000 gallons or less. iii. Storage and piping of natural gas, butane, propane, or liquified petroleum gas, provided the applicant lists and identifies the contents of each stationary storage vessel with a volume of350 gallons or more and provides threshold values for throughput or capacity or both for each such vessel. 52.

53.

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iv. Piping of fuel oils, used oil and transformer oil, provided the applicant includes a system description.

V. Storage and handling of drums or other transportable containers where the containers aresealed during storage, and covered during loading and unloading, including containers of waste and used oil regulated under the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901-6992k. Permit applicants mustprovide a description of material in the containers and the approximate amount stored. vi. Storage tanks of any size containing exclusively soaps, detergents, waxes, greases, aqueous salt solutions, aqueous solutions of acids that are not regulated air pollutants, or aqueous caustic solutions, provided the permit applicant specifies the contents of each storage tank with a volume of 350 gallons or more. vii. Electrical transformer oil pumping, cleaning, filtering, drying and the re-installation of oil back into transformers. b. Internal combustion engine-driven compressors,internal combustion engine-driven electrical generator sets, and internal combustion engine-drivenwater pumps used for less than 500 hours per calendar year for emergency replacement or standby service, provided the permittee keeps recordsdocumenting the hours of operation of this equipment.

C. Low Emitting Processes i. Batch mixers with rated capacity of 5 cubic feet or less. ii. Wet sand and gravel production facilities thatobtain material from subten•anean and subaqueous beds, whose production rate is 200 tons/ hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissionsunits which are used to crush or grind any nonmetallic minerals. iii. Powder coating operations. iv. Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing.

v. Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively. vi. Plastic pipe welding. 

### 91 Site Maintenance i. Housekeeping activities and associated products used for cleaning purposes, including collecting spilled and accumulated materials at the source, including operation of fixed vacuumcleaning systems specifically for such purposes. ii. Sanding of streets and roads to abate traffic hazards caused by ice and snow. iii. Street and parking lot striping. iv. Architectural painting and associated surfacepreparation for maintenance purposes at industrial or commercial facilities. e. Sampling and Testingi. Noncommercial (in-house) experimental, analytical laboratory equipment which is benchscale in nature, including quality control/quality assurance laboratories supporting a stationary source and research and development laboratories.ii. Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions but that are not regulated as emission units. f. Ancillary Non-Industrial Activities i. General office activities, such as paper shredding, copying, photographic activities, and blueprinting, but not to include incineration. ii. Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) where the product is used at a source in the same manner as normal consumer use. iii. Activities directly used in the diagnosis and treatment of disease, injury or other medical condition. g. Miscellaneous Activities i. Installation and operation of potable, process and waste water observation wells, including drilling, pumping, filtering apparatus. ii. Transformer vents. 69. "Kraft pulp mill" means any stationary source which produces pulp from wood by cooking or digesting wood chips in a water solution of sodium hydroxide and sodium sulfrde at high temperatm•e and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill. 70. "Lead" means elemental lead or alloys in which the predominant component is lead. 71. "Lime hydrator" means a unit used to produce hydrated lime product. 72. "Lime plant" includes any plant which produces a lime product from limestone by calcination. Hydration of the lime product is also considered to be part of the source. 73. "Lime product" means any product produced by the calcination of limestone. 74. "Major modification" is defined as follows:

a. A major modification is any physical change in or change in the method of operation of a major source that would result in both a significant emissionsincrease 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 nitrogen oxides or volatile organic compounds is significant for ozone.

c. For the purposes of this definition, none of the following is a physical change or change in the method of operation: i. Routine maintenance, repair, and replacement; ii. 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; iii. Use of an alternative fuel by reason of an order or rule under section 125 of the Act; iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

v. Use of an alternative fuel or raw material by a stationary source that either:

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(1) 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 Articles 3 or 4 of this Chapter; or (2) The source is approved to use under any permit issued under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. vi. An increase in the hours of operation or in the production rate, unless the change would beprohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. vii. Any change in ownership at a stationary



### source; viii. [Reserved.] ix. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with: (1) The SIP, and (2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated; x. For electric utility steam generating units located in attainment and unclassifiable areasonly, 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 thepotential to emit any regulated pollutant emitted by the unit. This exemption applies on a poll utant-by-pol lutant basis; and xi. For electric utility steam generating units located in attainment and unclassifiable 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 R18-2- 412 for a PAL for that regulated NSR pollutant. Instead, the definition of PAL major modification in R18-2-401(17) shall apply. 75. "Major source" means:

a. A major source as defined in R18-2-401. b. A major source under section 112 of the Act:i. For pollutants other than radionuclides, any stationary source that emits or has the potential toemit, in the aggregate, including fugitive emission 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to 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 Article 11 of this Chapter. 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 shall notbe 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 ii. 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 detenniningwhether it is a major stationary source for the purposes of section 3020) of the Act, unless the source belongs to a section 3020) category. 76. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment or a process to operate in a normal and usual manner, butdoes not include 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. 77. "Minor source" means a source of air pollution which is not a major source for the purposes of Article 4 of this Chapter and over which the Director, acting pursuant to A.R.S. § 49-402(B), has asserted jurisdiction.78. "Minor source baseline area" means the air quality control region in which the source is located. 79. "Mobile source" means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air contaminants whether in motion or at rest. A.R.S. § 49-401.01(23). 80. "Modification" or "modi j

, ~ " means a physical change in or change in the method of operation of a source that increases the emissions of any regulated air pollutantemitted by such source by more than any relevant de minimis amount or that results in the emisston 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 thesource's potential to emit before and after the modification. The following exemptions apply:

a. A physical or operational change does not include routine maintenance, repatr 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. A.R.S. ,¢ 49-401.01(24). 81. "Monitoring device" means the total equipment, required under the applicable provisions of this Chapter, used to measure and record, if applicable, process parameters. 82. "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on public highways. 83. "Multiple chamber incinerator" means three or morerefractory-lined combustion chambers in series, physically separated by refractory walls and interconnected by gas passage ports or ducts.84. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. 85. "National ambient air quality standard" means the ambient air pollutant concentration limits established by the

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Administrator pursuant to section 109 of the Act. A.R.S. § 49-401.01(25). 86. "Necessary preconstruction approvals or permits" means those permits or approvals required under the Act and those air quality control laws and rules which are part of the SIP. 87. "Net emissions increase" means: a. The amount by which the sum of subsections (87)(a)(i) and (ii) exceeds zero: i. The increase in emissions of a regulated NSR pollutant from a particular physical change orchange in the method of operation at a stationary source as calculated pursuant to R18-2- 402(D); and ii. Any other increases and decreases in actual emissions of the regulated NSR pollutant at thesource that are contemporaneous with the particular change and are otherwise creditable. iii. For purposes of calculating increases and decreases in actual emissions under subsection (87)(a)(ii), baseline actual emissions shall be determined as provided in the definition of baseline actual emissions in R18-2-401(2), except that subsections R18-2-401(a)(iii) and (b)(iv) shall not apply.b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: i. The date five years before construction on the particular change commences, and ii. The date that the increase from the particular change occurs.c. An increase or decrease in actual emissions is creditable only if the Director has not relied on it in issuing a permit, which is in effect when the increase in actual emissions from the particular change occurs. d. An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides, or PMIO which occurs before the applicable baseline date, as described in R18-2-218, 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 tothe extent that it satisfies all of the following conditions: i. The old level of actual emissions or the old level of allowable emissions, whichever islower, exceeds the new level of actual emissions. ii. It is enforceable as a practical matter at and after the time that actual construction on the particular change begins. iii. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. iv. The emissions unit was actually operated and emitted the specific pollutant.

V. For a source located in an area designated as nonattainment for the regulated NSR pollutant, the Director has not relied on it in issuing any permit under Article 4 or R18-2-334, and the state has not relied on it in demonstrating attainment or reasonable further progress. 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 emissions unit that replaces an existing emissions unit and that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 88. "New source" means any stationary source of air pollution which is subject to an applicable new source performance standard under Article 9 of this Chapter. 89. "Nitric acid plant" means any facility producing nitric acid 30% to 70% in strength by either the pressure or atmospheric pressure process. 90. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in the Appendices to 40 CFR 60. 91. "Nonattainment area" means an area so designated by the Administrator acting pursuant to section 107 of the Act as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants. 92. "Nonpoint source" means a source of air contaminants which lacks an identifiable plume or emission point. 93. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. 94. "Operation" means any physical or chemical actionresulting in the change in location, form, physical properties, or chemical character of a material. 95. "Owner or operator" means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source. 96. "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers. 97. "Particulate matter emissions" means all finely divided solid or liquid materials other than uncombined water, emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311. 98. "Permitting authority" means the department or a county department, agency or air pollution control district that ischarged with enforcing a permit program adopted pursuant to A.R.S. § 49-480(A). A.R.S. § 49-401.01(28). 99. "Permitting exemption thresholds" for a regulated minor NSR pollutant means the following:
Regulated Air Pollutant Emission Rate in tons per year (TPY)

PM 2. 5 (primary emissions only; levels for precursors are set below) 5

PM 10 7.5
SO z 20 NO, t 20
vOC 20
CO 50
Pb 0.3

100. "Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or

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agencies, the state and any of its agencies, departments or political subdivisions, as well as a natm•al person. 101. "Planning agency" means an organization designated by the governor pursuant to 42 U.S.C. 7504. A.R.S. § 49- 401.01(29). 102. "Predictive Emissions Monitoring System" or "PEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, to monitor process and control device operational parameters and other information, and calculate and record the mass emissions rate on a continuous basis. 103. "PMZ 5" means particulate matter with an aerodynamic diameter less than or equal to a nomina12.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53. 104. "PMIp°' means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53. 105. "PMIp emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311. 106. "Plume" means visible effluent. 107. "Pollutant" means an air contaminant the emission or ambient concentration of which is regulated pursuant to this Chapter. 108. "Portable source" means any building, structure, facility, or installation subject to regulation pursuant to A.R.S. § 49-426 which emits or may emit any air pollutant and is capable of being operated at more than one location. 109. "Potential to emit" or "potential emission rate" means themaximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physicaland 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 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 issuedunder A.R.S. Title 49, Chapter 3 or the state implementation plan. 110. "Primary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as specified in Article 2 of this Chapter. l 11. "Process" means one or more operations, including equipment and technology, used in the production of goods or services or the control of by-products or waste. 112. "Project" means a physical change in, or change in the method of operation of, an existing major source. 113. "Proposed permit" means the version of a permit for which the Director offers public participation under R18- 2-330 or affected state review under R18-2-307(D). 114. "Proposed final permit" means the version of a Class Ipermit or Class I permit revision that the Department proposes to issue and forwards to the Administrator for review in compliance with R18-2-307(A). 115. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with commencing commercial operations by a coal-fired utility unit after a period of discontinued operation if the unit:

a. Has not been in operation for the two-year period before enactment of the Clean Air Act Amendments of 1990, and the emissions from the unit continue to be carried in the Director's 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-NO X burners before commencement of operations following reactivation; and d. Is otherwise in compliance with the Act. 116. "Reasonable further progress" means the schedule of emission reductions defined within a nonattainment area plan as being necessary to come into compliance with anational ambient air quality standard by the primary standard attainment date. 117. "Reasonably available control technology" (RACT) means devices, systems, process modifications, workpractices or other apparatus or techniques that are determined by the Director to be reasonably available taking into account:

a. The necessity of imposing the controls in order to attain and maintain a national ambient air quality standard• b. The social, environmental, energy and economic impact of the controls;

c. Control technology in use by similar sources; and d. The capital and operating costs and technical feasibility of the controls. 118. "Reclaiming machinery" means any machine, equipment device or other article used for picking up stored granular material and either depositing this material on a conveyor or reintroducing this material into the process. 119. "Reference method" means the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual; 40 CFR 50, Appendices A through K; 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 18 A.A.C. 2, Appendix 2. 120. "Regulated air pollutant" means any of the following:

a. Any conventional air pollutant. b. Nitrogen oxides and volatile organic compounds.

c. Any air contaminant that is subject to a standard contained in Article 9 of this Chapter. d. Any hazardous air pollutant as defined in Article 17 of this Chapter.

e. Any Class I or II substance listed in section 602 of the Act. 121. "Regulated minor NSR pollutant" means any pollutant for which a national ambient air quality standard has beenpromulgated and the following precursors for such pollutants:

a. VOC and nitrogen oxides as precursors to ozone. b. Nitrogen oxides and sulfur dioxide as precursors to
PM2.5 • 122. "Regulated NSR pollutant" means any of the following:a. Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this subsection as a constituent or

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precursor to such pollutant. Precursors for purposes of NSR are the following: i. Volatile organic compounds and nitrogen oxides are precursors to ozone in all areas. ii. Sulfur dioxide is a precursor to PM z 5 in all

areas. iii. Nitrogen oxides are precursors to PM z 5 in all

areas. b. Any pollutant that is subject to any standard promulgated under Article 9 of this Chapter.

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. [Reserved.]

e. Notwithstanding subsections (122)(a) through (d), the term regulated NSR pollutant shall not include any or all hazardous air pollutants listed under R18- 2-1101, unless the listed hazardous air pollutant isalso regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act as of July 1, 2010. f. Particulate matter emissions, PM Z 5 emissions, and PM t p emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On and after January 1, 2011, condensable particulate mattershall be accounted for in applicability determinations and in establishing emissions limitations for particulate matter, PM Z 5 and PM,p in permits issued under Article 4. 123. "Repowering" means: a. Replacing an existing coal-fired boiler with one of the following clean coal technologies: i. Atmospheric or pressurized fluidized bed combustion; ii. Integrated gasification combined cycle; iii. Magnetohydrodynamics; iv. Direct and indirect coal-fired turbines;

v. Integrated gasification fuel cells; 

### or vi. As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative of one or more of the above technologies; and vii. 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 andgas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991, by the United States Department of Energy. c. The Director shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Act. 124. "Run" means the net period of time during which anemission sample is collected, which may be, unless otherwise specified, either intermittent or continuous within the limits of good engineering practice.125. "SCREEN model" means 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. 126. "Secondary ambient air quality standards" means the ambient air quality standards which defrne levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant, as specified in Article 2 of this Chapter.127. "Secondary emissions" means 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 modifrcation which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility whichwould 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. 128. "Section 3020) categoiy" means:

a. Any of the classes of sources listed in the definition of categorical source in subsection (23); or b. Any category of affected facility which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. 129. "Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for anypurpose, except routine phasing out of process equipment.130. "Significant" means, in reference to a significant emissions increase, a net emissions increase or a stationary source's potential to emit a regulated NSR pollutant: a. A rate of emissions that would equal or exceed any of the following rates:

Pollutant Emissions Rate

Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tpy

Sulfur dioxide 40 tpy

Particulate matter 25 tpy

PM 10 15 tpy

PM2 .5 10 tpy of direct PMZ 5

emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions.

VOC 40 tpy

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric acid mist 7 tpy Hydrogen sulfide (H Z S) 10 tpy

Total reduced sulfur 10 tpy (including H 2 S)

Reduced sulfur com- 10 tpy pounds (including H2S)

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Municipal waste com- 3.5 x 10 -6 tpybustor organics (measured as total tetrathrough octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal waste com- 15 tpy bustor metals (measured as particulate matter) Municipal waste com- 40 tpybustor acid gases (measured as sulfur dioxide and hydrogen chloride) Municipal solid waste 50 tpylandfill emissions (measured as nonmethane organic compounds)

b. In ozone nonattainment areas classified as serious or severe, significant emissions of nitrogen oxides and VOC shall be determined under R18-2-405.

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 hasdetermined that stationary sources contribute significantly to carbon monoxide levels in that area. d. For a regulated NSR pollutant that is not listed in subsection (130)(a), any emission rate.

e. Notwithstanding the emission rates listed in subsection (130)(a), any emissions rate or any net emissions increase associated with a major source or major modification, which would be constructed within 10 kilometers of a Class I area and have an impact on the ambient air quality of such area equal to or greater than 1 mg/m3 (24-hour average). 131. "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant as defined in this Section for that pollutant.132. "Smoke" means particulate matter resulting from incomplete combustion. 133. "Source" means 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. A.R.S. § 49-401.01(23).134. "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares. 135. "Stack in existence" means that the owner or operator had either:

a. Begun, or caused to begin, a continuous program of physical onsite construction of the stack; b. Entered into binding agreements or contractual obligations, which could not be cancelled 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.136. "Start-up" means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment.137. "State implementation plan" or "SIP" means 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. 138. "Stationary rotating machinery" means any gas engine, diesel engine, gas turbine, or oil fired turbine operated from a stationary mounting and used for the production of electric power or for the direct drive of other equipment. 139. "Stationary source" means 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 thesame 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." 140. "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuricacid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosphere. 141. "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project operated for five years or less, and that complies with the 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. 142. "Temporary source" means a source which is portable, as defined in A.R.S. § 49-401.01(23) and which is not an affected source. 143. "Total reduced sulfur" (TRS) means the sum of the sulfurcompounds, primarily hydrogen sulfide, methyl mercaptan, dimethyl sulfrde, and dimethyl disulfide, that are released during kraft pulping and other operations and measured by Method 16 in 40 CFR 60, Appendix A. 144. "Trivial activities" means activities and emissions units, such as the following, that may be omitted from a permit or registration application. Certain of the following listed activities include qualifying statements intended to exclude similar activities: a. Low-Emitting Combustion i. Combustion emissions from propulsion of mobile sources; ii. Emergency or backup electrical generators at' residential locations; iii. Portable electrical generators that can be moved by hand from one location to another. "Moved by hand" means capable of being moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device; b. Low- Or Non-Emitting Industrial Activities i. Blacksmith forges; ii. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, sawing, grinding, turning, routing or machining of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass, or wood; iii. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in

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emission of HAP metals. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and constructionactivities that emit HAP metals are insignificant activities based on size or production level thresholds. Brazing, soldering, and welding equipment, and cutting torches directly related to plant maintenance and upkeep and repair ormaintenance shop activities that emit HAP metals are treated as trivial and listed separately in this definition; iv. Drop hammers or hydraulic presses for forging or metalworking;

V. Air compressors and pneumatically operated equipment, including hand tools; vi. Batteries and battery charging stations, except at battery manufacturing plants; vii. Drop hammers or hydraulic presses for forging or metalworking; viii. Equipment used exclusively to slaughter animals, not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment; ix. Hand-held applicator equipment for hot meltadhesives with no VOC in the adhesive formulation;

x. Equipment used for surface coating, painting, dipping, or spraying operations, except those that will emit VOC or HAP; xi. CO21asers used only on metals and other materials that do not emit HAP in the process; xii. 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; xiii. Salt baths using nonvolatile salts that do notresult in emissions of any regulated air pollutants; xiv. Laser trimmers using dust collection to prevent fugitive emissions;

xv. Process water filtration systems and demineralizers; xvi. Demineralized water tanks and demineralizer vents; xvii. Oxygen scavenging or de-aeration of water; xviii. Ozone generators; xix. Steam vents and safety relief valves;

xx. Steam leaks; and xxi. Steam cleaning operations and steam sterilizers; xxii. Use of vacuum trucks and high pressurewaslier/cleaning equipment within the stationary source boundaries for cleanup and insource transfer of liquids and slurried solids to waste water treatment units or conveyances; xxiii. Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing. xxiv. Electric motors.

C. Building and Site Maintenance Activities i. Plant and building maintenance and upkeep activities, including grounds-keeping, general repairs, cleaning, painting, welding, plumbing,re-tarring roofs, installing insulation, and paving parking lots, if these activities are not conducted as part of a manufacturing process, are not related to the source's primaiy business activity, and do not otherwise trigger a permitrevision. Cleaning and painting activities qualify as trivial activities if they are not subject toVOC or hazardous air pollutant control requirements; ii. Repair or maintenance shop activities notrelated to the source's primary business activity, not including emissions from surface coating, de-greasing, or solvent metal cleaning activities, and not otherwise triggering a permit revision; iii. Janitorial services and consumer use of janitorial products; iv. Landscaping activities;

v. Routine calibration and maintenance of laboratory equipment or other analytical instruments; vi. Sanding of streets and roads to abate traffic hazards caused by ice and snow; vii. Street and parking lot striping; viii. Caulking operations which are not part of a production process. d. Incidental, Non-Industrial Activities i. Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act; ii. Ventilating units used for human comfort that do not exhaust air pollutants into the ambientair from any manufacturing, industrial or commercial process; iii. Tobacco smoking rooms and areas; iv. Non-commercial food preparation;

v. General office activities, such as paper shredding, copying, photographic activities, pencil sharpening and blueprinting, but not including incineration; vi. Laundry activities, except for dry-cleaning and steam boilers; vii. Bathroom and toilet vent emissions; viii. Fugitive emissions related to movement of passenger vehicles, if the emissions are notcounted for applicability purposes under subsection (144)(c) of the definition of major source in this Section and any required fugitive dust control plan or its equivalent is submitted with the application; ix. Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) where the product is used at a source in the same manner as normal consumer use;

x. Activities directly used in the diagnosis and treatment of disease, injury or other medical condition; xi. Circuit breakers; xii. Adhesive use which is not related to production. e. Storage, Piping and Packaging i. Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOC or HAP; ii. Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and

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nonvolatile aqueous salt solutions, if appropriate lids and covers are used; iii. Chemical storage associated with water and wastewater treatment where the water is treatedfor consumption and/or use within the permitted facility; iv. Chemical storage associated with water and wastewater treatment where the water is treatedfor consumption and/or use within the permitted facility;

V. Storage cabinets for flammable products; vi. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities; vii. Equipment used to mix and package soaps,vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used; f. Sampling and Testing i. Vents from continuous emissions monitors and other analyzers; ii. Bench-scale laboratory equipment used forphysical or chemical analysis, but not laboratory fume hoods or vents; iii. Equipment used for quality control, quality assurance, or inspection purposes, includingsampling equipment used to withdraw materials for analysis; iv. Hydraulic and hydrostatic testing equipment;

v. Environmental chambers not using HAP gases; vi. Soil gas sampling; vii. Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions but that are not regulated as emission units;
g. Safety Activities i. Fire suppression systems; ii. Emergency road flares; h. Miscellaneous Activities i. Shock chambers; ii. Humidity chambers; iii. Solar simulators; iv. Cathodic protection systems;

v. High voltage induced corona; and vi. Filter draining. 145. "Unclassified area" means an area which the Administrator, because of a lack of adequate data, is unable to classify as an attainment or nonattainment area for a specific pollutant, and which, for purposes of this Chapter, is treated as an attainment area. 146. "Uncombined water" means condensed water containing analytical trace amounts of other chemical elements or compounds. 147. "Urban or suburban open area" means an unsubdivided tract of land surrounding a substantial urban development of a residential, industrial, or commercial nature and which, though near or within the limits of a city or town, may be uncultivated, used for agriculture, or lie fallow. 148. "Vacant lot" means a subdivided residential or commercial lot which contains no buildings or structures of a temporary or permanent nature. 149. "Vapor" means the gaseous form of a substance normally occurring in a liquid or solid state. 150. "Visibility impairment" means any humanly perceptiblechange in visibility (light extinction, visual range, contrast, coloration) from that which would have existed under natural conditions. 151. "Visible emissions" means any emissions which are visually detectable without the aid of instruments and which contain particulate matter. 152. "Volatile organic compounds" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates,and ammonium carbonate, that participates in atmospheric photochemical reactions. This includes any such organic compound other than the following:

a. Methane; b. Ethane;

c. Methylene chloride (dichloromethane); d. l,l,l -trichloroethane (methyl chloroform);

e. 1, 1,2-trichloro- 1,2,2-trifluoroethane (CFC-113); f. Trichlorofluoromethane (CFC-11);
g. Dichlorodifluoromethane (CFC-12); h. Chlorodifluoromethane (HCFC-22); i. Trifluoromethane (HFC-23); j. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); k.. Chloropentafluoroethane (CFC-115); 1. 1, 1, 1 -trifluoro 2,2-dichloroethane (HCFC-123);

m. 1,1,1,2-tetrafluoroethane (HFC-134a);

n. 1,1-dichloro 1-fluoroethane (HCFC-141b);

o. 1-chloro 1,1-difluoroethane (HCFC-142b);
p. 2-chloro- 1, 1, 1,2-tetrafluoroethane (HCFC-124);
q. Pentafluoroethane (HFC-125);

r. 1,1,2,2-tetrafluoroethane (HFC-134);

S. 1,1,1-trifluoroethane (HFC-143a);
t. 1,1-difluoroethane (HFC-152a);

u. Parachlorobenzotrifluoride (PCBTF);

V. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);
y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca);

z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); aa. 1, 1, 1,2,3,4,4,5,5,5-decafluoropentane (HFC 43- l Omee); bb. Difluoromethane (HFC-32); cc. Ethylfluoride (HFC-161); dd. 1, 1, 1,3,3,3-hexafluoropropane (HFC-236fa); ee. 1,1,2,2,3-pentafluoropropane (HFC-245ca); ff. 1,1,2,3,3-pentafluoropropane (HFC-245ea); gg. 1,1,1,2,3-pentafluoropropane (HFC-245eb); hh. 1,1,1,3,3-pentafluoropropane (HFC-245fa); ii. 1, 1, 1,2,3,3-hexafluoropropane (HFC-236ea); jj. 1,1,1,3,3-pentafluorobutane (HFC-365mfc); kk. Chlorofluoromethane (HCFC-31); 11. 1 chloro-l-fluoroethane (HCFC-151a); mm. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); nn. 1, 1, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 F 9 0CH 3 );oo. 2-(difluoromethoxymethyl)- 1, 1, 1,2,3,3,3 -heptafluoropropane ((CF3) 2 CFCF 2 0CH3); pp. I -ethoxy- l ,1,2,2,3,3,4,4,4-nonafluorobutane

(C4 1 `9 0 CZH5);qq. 2-(ethoxydifluorom ethyl)- 1, 1, 1,2,3,3,3-heptafluoropropane ((CF 3 ) 2 CFCF 2 0C 2 H 5 ; rr. Methyl acetate; and ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (nC 3 F70CH 3 , HFE-7000);
tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE – 7500); uu. 1,1,1,2,3,3,3-hentafluoropropane (HFC 227ea);

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vv. Methyl formate (HCOOCH3): andww. (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); xx. Propylene carbonate; yy. Dimethyl carbonate; and zz. Perfluorocarbon compounds that fall into these classes: i. Cyclic, branched, or linear, completely fluorinated alkanes. ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations. iii. Cycle, branched, or linear, completely fluorinated tertiaiy amines with no unsaturations; or iv. Sulfur containing perfluorocarbons with nounsaturations and with sulfur bonds only to carbon and fluorine. aaa. The following compound is 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 ofVOC emissions limitations or VOC content requirements: t-butyl acetate. 153. "Wood waste burner" means an incinerator designed andused exclusively for the burning of wood wastes consisting of wood slabs, scraps, shavings, barks, sawdust or other wood material, including those that generate steam as a by-product.

Historical Note Former Section R9-3-101 repealed, new Section R9-3- 101 adopted effective May 14, 1979 (Supp. 79-1).Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, paragraph (133) (Supp. 80-1). Editorialcorrection, paragraph (58) (Supp. 80-2). Amended effective July 9, 1980. Amended by adding new paragraphs (24), (55), (102), and (115) and renumbering accordingly,effective August 29, 1980 (Supp. 80-4). Amended effective May 28, 1982 (Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-5). Amended paragraph (133), added paragraph (156) and renumbered accordingly effective September 28, 1984 (Supp. 84-5). Amended paragraph (29) by deleting (aa) and (bb) effective August9, 1985 (Supp. 85-4). Former Section R9-3-101 renumbered without change as R18-2-101 (Supp. 87-3). Amended paragraph (98) effective December 1, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective October 7, 1994 (Supp. 94-4). Amended effective February 28, 1995 (Supp. 95-1). Amended effective August 1, 1995 (Supp. 95-3). Amended effective January 31, 1997; filed with the Office of Secretary of State January 10, 1997 (Supp. 97- 1). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effectiveSeptember 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4).Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp.12-2). R18-2-102. Incorporated Materials The following documents are incorporated by reference and are on file with the Office of the Secretary of State (1700 W. Washington St., Suite 103, Phoenix, AZ 85007) and the Department (1110 W. Washington St., Phoenix, AZ 85007): 1. Sections 1 and 7 of the Department's "Arizona Testing Manual for Air Pollutant Emissions," amended as of March 1992 (and no future editions). 2. All ASTM test methods referenced in this Chapter as ofthe year specified in the reference (and no future amendments). They are available from the American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103-1187. 3. The U.S. Goveinment Printing Office's "Standard Industrial Classification Manual, 1987" (and no future editions).

Historical Note Adopted effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-103. Applicable Implementation Plan; SavingsNo rule adopted in this Chapter shall preempt or nullify any applicable requirement or emission standard in an applicable implementation plan unless the Director revises the applicable implementation plan in conformance with the requirements of 40 CFR 51, Subpart F, and the Administrator approves the revision.

Historical NoteAdopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November

15, 1993 (Supp. 93-4).
ARTICLE 2. AMBIENT AIR QUALITY STANDARDS; AREA DESIGNATIONS; CLASSIFICATIONS
R18-2-201. Particulate Matter: PMlp and PM2,5 A. PM Io Standards1. The level of the primary and secondary ambient air quality standards for PM Io is 150 micrograms per cubic meter of PM Io — 24-hour average concentration. 2. To determine attainment of the primary and secondary standards, a person shall measure PM I p in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix J, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40 CFR 53. 3. The primary and secondary 24-hour ambient air quality standards for PM I p are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter, determined according to 40 CFR 50, Appendix K, is less than or equal to one. B. PM Z 5 Standards 1. The primary ambient air quality standards for PM Z 5 are:

a. 15 micrograms per cubic meter of PM2, 5 — annual arithmetic mean concentration. b. 35 micrograms per cubic meter of PM2

. 5 — 24-hour average concentration. 2. The secondary ambient air quality standards for PM2 5 are:

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a. 15 micrograms per cubic meter of PM 2 5 — annual arithmetic mean concentration. b. 35 micrograms per cubic meter of PMZ 5 — 24-hour average concentration. 3. To determine attainment of the primary and secondary standards, a person shall measure PM Z 5 in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix L, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40 CFR 53. 4. The primary and secondary annual ambient air quality standards for PM Z 5 are met when the annual arithmetic mean concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 15 micrograms per cubic meter. 5. The primary and secondary 24-hour ambient air quality standards for PMZ 5 are met when the 98th percentile 24- hour concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 35 micrograms per cubic meter.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-201 repealed, new Section R9-3- 201 adopted effective May 14, 1979 (Supp. 79-1).Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (E) (Supp. 80-2). Amendedeffective August 29, 1980 (Supp. 80-4). Amended subsection(B)(1) and deleted subsections (C) through (E)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-201 renumbered without change as Section R18-2-201 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by fi

. nal rulemaking at l l A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Section corrected to include subsection (B), which was inadvertently omitted in Supp. 05-3 (Supp. 07-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-202. Sulfur Oxides (Sulfur Dioxide) A. The primary ambient air quality standards for sulfur oxides, measured as sulfur dioxide, are: 1. 0.03 parts per million (ppm) (80 μg/m 3 ) -- annual arithmetic mean. 2. 0.14 parts per million (ppm) (365 μg/m 3 ) — maximum 24- hour concentration not to be exceeded more than once per calendar year. 3. 75 parts per billion (ppb) — maximum one-hour concentration. The one-hour primary standard is met at an ambient air quality monitoring site when the three-yearaverage 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. B. The secondary ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.5 parts per million (ppm) (1300 μg/m 3 ) -- maximum three-hour concentration not to be exceeded more than once per year. C. The level of the standards shall be measured by a referencemethod based on 40 CFR 50, Appendix A or A-1, or by a Federal Equivalent Method designated according to 40 CFR 53. D. The standards in subsections (A)(1) and (2) shall apply:1. In an area designated nonattainment for a standard in subsection (A)(1) or (2) as of August 23, 2011, and areas not meeting a state implementation plan call for a standard in subsection (A)(1) or (2), until the state submits pursuant to section 191 of the Act, and the Administrator approves, a state implementation plan providing for attainment the standard in subsection (A)(3) in that area. 2. In areas other than those identified in subsection (D)(1),until the effective date of the designation of that area, pursuant to section 107 of the act, for the standard in subsection (A)(3).

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-202 repealed, new Section R9-3- 202 adopted effective May 14, 1979 (Supp. 79-1). Amended efPective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended by deleting subsections (C) through (E)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-202 renumbered without change as Section R18-2-202 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-203. Ozone: One-hour Standard and Eight-hour Average Standard A. One-hour standard. Until June 15, 2005: 1. The one-hour ambient air quality standard for ozone is 0.12 ppm (235 micrograms per cubic meter). 2. The one-hour secondary ambient air quality standard for ozone is 0.12 ppm (235 micrograms per cubic meter). 3. The one-hour standards are attained when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 ppm (235 micrograms per cubic meter) is less than or equal to 1, determined by 40 CFR 50, Appendix H. B. Eight-hour averaged standard.1. The eight-hour average primary ambient air quality standard for ozone is 0.075 ppm. 2. The eight-hour average secondary ambient air quality standard for ozone is 0.075 ppm. 3. To determine attainment of the primary and secondary standards, a person shall measure ozone in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix D, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40 CFR 53. 4. Eight-hour average primary and secondary ambient air quality standards for ozone are met at an ambient air quality monitoring site when the three-year average of the annual fourth highest daily maximum eight-hour average ozone concentration is less than or equal to 0.075 ppm, determined according to 40 CFR 50, Appendix P.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-204 repealed, new Section R9-3- 204 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4).Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-204 renumbered without change as Section R18-2- 204 (Supp. 87-3). Section R18-2-103 renumbered from R18-2-204 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at I 1 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended

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by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).

R18-2-204. Carbon monoxideA. The primary ambient air quality standards for carbon monoxide are: 1. 9 parts per million (10 milligrams per cubic meter) -- maximum eight-hour concentration not to be exceeded more than once per year. 2. 35 parts per million (40 milligrams per cubic meter) -- maximum one-hour conoentration not to be exceeded more than once per year. B. 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, C. 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 parts per million shall be made in terms of integers with fractional parts of 0.5 or greater rounding up.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-205 repealed, new Section R9-3- 205 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4).Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section 119-3-205 renumbered without change as Section R18-2- 205 (Supp. 87-3). Former Section R18-2-204 renumbered to R18-2-203, new Section R18-2-204 renumbered from R18-2-205 and amended effective September 26, 1990

(Supp. 90-3).
R18-2-205. Nitrogen Oxides (Nitrogen Dioxide)A. The primary ambient air quality standards for oxides of nitrogen, measured in the ambient air as nitrogen dioxide, are: 1. 53 parts per billion — annual average concentration. 2. 100 parts per billion — one-hour average concentration.B. The secondary ambient air quality standard for nitrogen dioxide is 0.053 (parts per million (100 micrograms per cubic meter) -- annual arithmetic mean. C. The levels of the standards shall be measured by a referencemethod based on 40 CFR 50, Appendix F or a federal equivalent method designated in accordance with 40 CFR 53. D. 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. E. 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. F. The secondary standard is 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 fractionalparts 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 the manual methods, that is at least 75% complete for the scheduled sampling days in each calendar quarter.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-206 repealed, new Section R9-3- 206 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4).Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-206 renumbered without change as Section R18-2- 206 (Supp. 87-3). Former Section R18-2-205 renumbered to R18-2-204, new Section R18-2-205 renumbered from R18-2-206 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-206. Lead A. The primary ambient air quality standard 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. B. The secondary ambient air quality standard 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. C. 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 part 53 of this chapter. D. The national primary and secondary ambient air quality standards for lead are met when the maximum arithmetic threemonth 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. E. 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 subsections (A) and (B).

Historical Note Former Section R9-3-207 repealed effective May 14,1979 (Supp. 79-1). New Section R9-3-207 adopted effective October 2, 1979 (Supp. 79-5). Amended effectiveAugust 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-207 renumbered without change as Section R18-2-207 (Supp. 87-3). Former Section R18-2-206 renumbered to R18-2-205, new Section RI 8-2-206 renumbered from R18-2-207 and amended effective September 26, 1990 (Supp. 90-3).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-207. Renumbered

Historical Note Former Section R9-3-207 renumbered to R18-2-206 effective September 26, 1990 (Supp. 90-3).

R18-2-208. Reserved

R18-2-209. Reserved
R18-2-210. Attainment, Nonattainment, and Unclassifiable Area Designations 40 CFR 81.303 as amended as of July 1, 2011 (and no futureamendments or editions) is incorporated by reference as an applicable requirement and on file with the Department of Environmental Quality. 40 CFR 81.303 is available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

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Historical Note Adopted effective November 15, 1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effectiveAugust 12, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-211. Reserved

R18-2-212. Reserved

R18-2-213. Reserved

R18-2-214. Reserved
R18-2-215. Ambient air quality monitoring methods and procedures A. Only those methods which have been either designated by the Administrator as reference or equivalent methods or approved by the Director shall be used to monitor ambient air. B. Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with procedures described in the Appendices to 40 CFR 58. C. The Director may approve other procedures upon a finding that the proposed procedures are substantially equivalent or superior to procedures in the Appendices to 40 CFR 58.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-215 renumbered without change asSection R18-2-215 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3).
R18-2-216. Interpretation of Ambient Air Quality Standards and Evaluation of Air Quality Data Unless otherwise specified, interpretation of all ambient air quality standards contained in this Article shall be in accordance with 40 CFR 50, incorporated by reference in Appendix 2 of this Chapter.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-216 repealed, new Section R9-3-216 adopted effective August 29, 1980 (Supp. 80-4). Former Section R9-3-216 renumbered without change as Section R18-2-216 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).
R18-2-217. Designation and Classification of Attainment Areas A. All attainment and unclassified areas or parts thereof shall be classified as either Class I, Class II or Class III. B. 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: 1. International parks; 2. National wilderness areas which exceed 5 1 000 acres in size; 3. National memorial parks which exceed 5,000 acres in size; and 4. National parks which exceed 6,000 acres in size. C. The following areas shall be designated only as Class I or II: 1. An area which as of August 7, 1977, exceeds 10,000 acres in size and is one of the following:

a. A national monument, b. A national primitive area,

c. A national preserve, d. A national recreational area,

e. A national wild and scenic river, f. A national wildlife refuge,
g. A national lakeshore or seashore. 2. A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size. D. All other areas shall be Class II areas unless redesignated under subsections (E) or (F). E. The Governor or the Governor's designee may redesignateareas of the state as Class I or Class II, provided that the following requirements are fulfilled: 1. At least one public hearing is held in or near the area affected; 2. 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. 3. 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 atleast 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of the availability of such discussion document. 4. 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 andrecommendations. 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. 5. The redesignation is proposed after consultation with theelected leadership of local governments in the area covered by the proposed redesignation. 6. The redesignation is submitted to the Administrator as a revision to the SIP. F. The Governor or the Governor's designee may redesignate areas of the state as Class III if all of the following criteria are
met: 1. Such redesignation meets the requirements of subsection (E); 2. 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. 3. The general purpose units of local government representing a majority of the residents of the area to be redesignated concur in the redesignation; 4. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any maximum allowable increase or maximum allowable

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— Air Pollution Control

concentration permitted under the classification of any Annual arithmetic mean 25 area; 5. For any new major source as defined in R18-2-401 or a CLASS III major modification of such source which may be permit- Particulate matter: PM2 5 ted to be constructed and operated only if the area in Annual arithmetic mean 8question is redesignated as Class III, any permit application or related materials shall be made available for pub- 24-hr maximum 18 lic inspection prior to a public hearing. Particulate matter: PMto
6. The redesignation is submitted to the Administrator as a Annual arithmetic mean 34 revision to the SIP. 24-hour maximum 60 G A redesignation shall not be effective until approved by the Sulfur dioxide: Administrator as part of an applicable implementation plan. Annual arithmetic mean 40 H. Lands within the exterior boundaries of Indian reservations 24-hour maximum 182 may be redesignated only by the appropriate Indian governing 3-hour maximum 700 body. Nitrogen dioxide:

Historical Note Annual arithmetic mean 50 Adopted effective May 14, 1979 (Supp. 79-1). Amended B. The baseline concentration shall be that ambient concentration effective October 2, 1979 (Supp. 79-5). Editorial correc- level which exists in the baseline area at the time of the appli- tion, subsection (A), paragraph (5), subparagraph (d) cable minor source baseline data. (Supp. 80-2). Amended efPective May 28, 1982 (Supp. 1. The major source baseline date is: 82-3). Former Section R9-3-217 renumbered without a. January 6, 1975, for sulfur dioxide and PMto. change as Section R18-2-217 (Supp. 87-3). Amended and b. February 8, 1988, for nitrogen dioxide. subsection (B) renumbered to Section R18-2-218 efPec- c. October 20, 2010, for PM2 5. tive September 26, 1990 (Supp. 90-3). Amended effective 2. The minor source baseline date shall be the earliest date

November 15, 1993 (Supp. 93-4). after the trigger date on which a major source as defined R18-2-218. Limitation of Pollutants in Classified Attainment in R18-2-401 or major modifrcation subject to 40 CFR Areas 52.21 or R18-2-406 submits a complete application under A. Areas designated as Class I,11, or III shall be limited to the fol- the relevant regulations. The trigger date is: lowing increases in air pollutant concentrations occurring over a. August 7, 1977, for PM I p and sulfur dioxide. the baseline concentration; provided that for any period other b. February 8, 1988, for nitrogen dioxide. than an annual period, the applicable maximum allowable c. October 20, 2011, for PM Z 5. increase may be exceeded once per year at any one location: 3. A baseline concentration shall be determined for each pollutant for which there is a minor source baseline date CLASS I and shall include both:
Maximum Allowable a. The actual emissions representative of sources in Increase (Micrograms existence on the minor source baseline date, except per cubic meter) as provided in subsection (13)(4); and
Particulate matter: PM 2 5 b. The allowable emissions of major sources as defined

Annual arithmetic mean 1 in R18-2-401 which commenced construction before

24-hr maximum 2 the major source baseline date but were not in operaParticulate matter: PMIp tion by the applicable minor source baseline date. 4. The following shall not be included in the baseline conAnnual arithmetic mean 4 centration and shall affect the applicable maximum 24-hour maximum 8 allowable increase: Sulfur dioxide: a. Actual emissions from any major source as defined Annual arithmetic mean 2 in R18-2-401 on which construction commenced 24-hour maximum 5 after the major source baseline date; and 3-hour maximum 25 b. Actual emissions increases and decreases at any staNitrogen dioxide: tionary source occurring after the minor source baseAnnual arithmetic mean 2,5 line date. C. The baseline date shall be established for each pollutant for

CLASS II which maximum allowable increases or other equivalent measures have been established if both: Particulate matter: PM Z 5 1. The area in which the proposed source or modification Annual arithmetic mean 4 would construct 

## is designated as attainment or unclassifi24-hr maximum 9 able under section 107(d)(1)(A)(ii) or (iii) of the Act for Particulate matter: PM Io the pollutant on the date of its complete application under Annual arithmetic mean 17 40 CFR 52.21 or R18-2-406; and
24-hour maximum 30 2. In the case of a major source as defined in R18-2-401, the
Sulfur dioxide: pollutant would be emitted in significant amounts, or in

Annual arithmetic mean 20 the case of a major modification, there would be a signif24-hour maximum 91 icant net emissions increase of the pollutant. D. The baseline area shall be the AQCR that contains the area, 3-hour maximum 512 designated as attainment or unclassifiable under section Nitrogen dioxide: 107(d)(1)(A)(ii) or (iii) of the Act, in which the major source

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as defined in R18-2-401 or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the minor source baseline date is established, as follows: greater than or equal to1 microgram per cubic meter (annual average) for sulfur dioxide, nitrogen dioxide or PM Io ; or greater than or equal to 0.3 microgram per cubic meter (annual average) for PM Z 5 . Area redesignations under R18-2-217 that would redesignate a baseline area may not intersect or be smaller than the area of impact of any new major source as defined in R18-2-401 or a major modification which either: 1. Establishes a minor source baseline date, or 2. Is subject to either 40 CFR 52.21 or R18-2-406 and would be constructed in Arizona. E. The maximum allowable concentration of any air pollutant in any area to which subsection (A) applies shall not exceed aconcentration for each pollutant equal to the concentration permitted under the ambient air quality standards contained in this Article. F. For purposes of determining compliance with the maximumallowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account: 1. Concentration of such pollutant attributable to the increase in emissions from major and stationary sourceswhich 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 provisionsof 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; 2. The concentration of such pollutant attributable to the increase in emissions from major and stationary sourceswhich have converted from using gas by reason of a natural gas curtailment plan in effect pursuant to 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; 3. Concentrations of PM I p attributable to the increase in emissions from construction or other temporary activities of a new or modified source; 4. The increase in concentrations attributable to new sourcesoutside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and 5. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides, or PM I p from major sources as defined in R18-2-401 when the following conditions are met:a. The operating permit issued to such sources specifies the time period during which the temporary emissions increase of sulfur dioxide, nitrogen oxides, or PM t p would occur. Such time period shall not be renewable and shall not exceed two years unless a longer period is specifically approved by the Director. b. No emissions increase shall be approved which would either: i. 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 ii. Cause or contribute to the violation of a state ambient air quality standard. c. The operating permit issued to such sources specifies that, at the end of the time period described in subsection (1 7 )(5)(a), the emissions levels from the sources would not exceed the levels occurring before the temporary emissions increase was approved.6. The exception granted with respect to increment consumption under subsections (F)(1) and (2) shall not apply more than five years after the effective date of the order or natural gas curtailment plan on which the exception is based. G. If the Director or the Administrator detennines that the SIP is substantially inadequate to prevent significant deterioration or that an applicable maximum allowable increase as specified in subsection (A) is being violated, the SIP shall be revised 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 Administrator, orby such later date as prescribed by the Administrator after consultation with the Director. H. The Director 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.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (5), subparagraph (d) (Supp. 80-2). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-217 renumbered withoutchange as Section R18-2-217 (Supp. 87-3). Former Section R18-2-218 renumbered to R18-2-219, new Section R18-2-218 renumbered from R18-2- 217(B) and amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-219. Repealed

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-218 repealed, new Section R9-3-218 adopted effective September 22, 1983 (Supp. 83-5). Former Section 119-3-218 renumbered without change as Section R18-2-218 (Supp. 87-3). Former Section R18-2- 219 renumbered to R18-2-220, new Section R18-2-219renumbered from R18-2-218 and amended effective September 26, 1990 (Supp. 90-3). Section repealed by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).
R18-2-220. Air pollution emergency episodes A. Procedures shall be implemented by the Director in order to prevent the occurrence of ambient air pollutant concentrations which would cause signifrcant harm to the health of persons, as specified in subsection (13)(4). The procedures and actionsrequired for each stage are described in the Department's "Procedures for Prevention of Emergency Episodes," amended asof October 18, 1988 (and no future edition), which is incorporated herein by reference and on file with the Office of the Secretary of State. B. The following stages are identified by air quality criteria in order to provide for sequential emissions reductions, public notification and increased Department monitoring and forecast responsibilities. The declaration of any stage, and the area of

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the state affected, shall be based on air quality measurements and meteorological analysis and forecast. 1. A Stage I air pollution alert shall be declared when any of the alert level concentrations listed in subsection (13)(4)are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of alert level concentrations for the same pollutant during the subsequent 24-hour period. If,48 hours after an alert has been initially declared, air pollution concentrations and meteorological conditions do not improve, the warning stage control actions shall be implemented but no warning shall be declared, unless airquality has deteriorated to the extent described in subsection (B)(2). 2. A Stage II air pollution warning shall be declared whenany of the warning level concentrations listed in subsection (13)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of concentrations of the samepollutant exceeding the warning level during the subsequent 24-hour period. If, 48 hours after a warning has been initially declared, air pollution concentrations and meteorological conditions do not improve, the emergencystage shall be declared and its control actions implemented. 3. A Stage III air pollution emergency shall be declared when any of the emergency level concentrations listed in subsection (13)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of concentrations of the same pollutant exceeding the emergency level during the subsequent 24-hour period. 4. Summary of emergency episode and significant harm levels:

Pollutant Averaging

Time Alert Warning Emergency Signifcant Harm Carbon 1-hr 144 monoxide (mg/m 3 ) 4-hr 86.3

8-hr 17 34 46 57.5 Nitrogen I-hr 1,130 2,260 3,000 3,750 dioxide (ug/m 3 ) 24-hr 282 565 750 938 Ozone 1-hr .2 .4 .5 .6 (ppm) PM, 0 24-hr 350 420 500 600 (ug/m 3 ) Sulfur 24-hr 800 1,600 2,100 2,620 dioxide (ug/m 3 )

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Editorial con•ection, subsection (B), paragraph (2) (Supp. 80-1). Editorial correction, subsection (A) (Supp. 80-2). Former Section R9-3-219 repealed, new Section R9-3-219 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-219 renumbered without change as Section R18-2-219 (Supp. 87-3). Section R18-2-220 renumbered from R18-2-219 and amended effective September 26,

1990 (Supp. 90-3).

ARTICLE 3. PERMITS AND PERMIT REVISIONS

R18-2-301. Definitions The following definitions apply to this Article: 1. "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to produce results adequate for the Director's determination of compliance in accordance with R18-2-311(D). 2. "Billable permit action" means the issuance or denial of a new permit, significant permit revision, or minor permit revision, or the renewal of an existing permit. 3. "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment. 4. "CEM" means a continuous emission monitoring system as defined in R18-2-101. 5. "Complete" means, in reference to an application for apermit, permit revision or registration, that the application contains all the information necessary for processing the application. Designating an application complete forpurposes of a permit, permit revisions or registration processing does not preclude the Director from requesting or accepting any additional information. 6.. "Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by any of the following:

a. Using that portion of a stack which exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. 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 one 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: i. 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 itwas originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility thatincludes 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 themerging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit

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for greater dispersion. Absent a demonstration by the source owner or operatorthat merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of suchmerging in calculating the allowable emissions for the source. iii. Smoke management in agricultural or silvicultural prescribed burning programs. iv. Episodic restrictions on residential woodburning and open burning.

v. Techniques which increase final exhaust gasplume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 7. "Emissions allowable under the permit" means a permit term or condition determined at issuance to be requiredby an applicable requirement that establishes an emissions limit (including a work practice standard) or an emissions cap that the source has assumed to avoid anapplicable requirement to which the source would otherwise be subject. 8. "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer. 9. "Fuel oiP' means Number 2 through Number 6 fuel oils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90a (Specification for Diesel Fuel Oils). 10. "Itemized bilP' means a breakdown of the permit processing time into the categories of pre-application activities, completeness review, substantive review, and publicinvolvement activities, and within each category, a further breakdown by employee name. 11. "Major source threshold" means 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 the definition of major source in R18-2-101. 12. "Minor NSR Modification" means 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: i. Increases the potential to emit of a regulated minor NSR pollutant by an amount greater than the permitting exemption thresholds, or ii. Results in emissions of a regulated minor NSRpollutant not previously emitted by such emission unit or stationary source in an amountgreater than the permitting exemption thresholds. 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 permitting exemption threshold. c. A change covered by subsection (12)(a) or (b) of this Section 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 permitting exemption 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 subsection the following do not constitute a physical change or change in the method of,operation: i. A change consisting solely of the construction of, or changes to, a combination of emissions units qualifying as a categorically exempt activity. ii. For a stationary source that is required to obtain a Class II permit under R18-2-302 and that is subject to source-wide emissions caps under R18-2-306.01 or R18-2-306.02, a change that will not result in the violation of the existing emissions cap for that regulated minor NSR pollutant. iii. Replacement of an emission unit by a unit witha potential to emit regulated minor NSR pollutants that is less than or equal to the potential toemit 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. iv. Routine maintenance, repair, and replacement. v. Use of an altemative 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 to 825r. vi. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act. vii. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste. viii. Use of an alternative fuel or raw material by a stationary source that either: (1) 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 Articles 3 or 4 of this Chapter; or (2) The source is approved to use under any permit issued under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. ix. An increase in the hours of operation or in the production rate, unless the change would beprohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. x. Any change in ownership at a stationary source xi. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with: (1) The SIP, and (2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. xii. For electric utility steam generating units located in attainment and unclassifiable areas

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ing elected official. For the purposes of this Article, a principal executive officer of a federal agencyincludes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or d. For affected sources: i. The designated representative in so far asactions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and ii. The designated representative for any other purposes under 40 CFR 70. 19. "Small source" means a source with a potential to emit, without controls, less than the rate defined as permitting exemption thresholds in R18-2-101, but required to obtain a permit solely because it is subject to a standard under 40 CFR 63. 20. "Startup" means the setting in operation of a source for
any purpose. 21. "Synthetic minor" means a source with a permit that contains voluntarily accepted emissions limitations, controls, or other requirements (for example, a cap on production rates or hours of operation, or limits on the type of fuel) under R18-2-306.01 to reduce the potential to emit to a level below the major source threshold. 22. "Uncontrolled potential to emit" means the maximumcapacity of a stationary source to emit a pollutant, 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 hoursof operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is subject to an elective limit under R18-2- 302.01(F).

Historical Note Former Section R18-2-301 renumbered to R18-2-302, new Section R18-2-301 adopted effective September 26, 1990 (Supp. 90-3). Correction to table in subsection (A)(13) (Supp. 93-1). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22,1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).
R18-2-302. Applicability; Registration; Classes of Permits A. Except as otherwise provided in this Article, no person shall begin actual construction of, operate, or make a modificationto any stationary source subject to regulation under this Article, without obtaining a registration, permit or permit revision from the Director. B. Class I and II pennits and registrations shall be required as follows: 1. A Class I permit shall be required for a person to begin actual construction of or operate any of the following:

a. Any major source, b. Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act,

c. Any affected source, oronly, 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 any regulated pollutant emitted by theunit. This exemption applies on a pollutant-bypollutant basis. xiii. For electric utility steam generating units located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit. e. For purposes of this subsection: i. "Potential to emit" means the lower of a source's or emission unit's potential to emit or its allowable emissions. ii. In determining potential to emit, the fugitive emissions of a stationary source shall not beconsidered unless the source belongs to a section 3020) category. iii. All of the roadways located at a stationary source constitute a single emissions unit. 13. "NAICS" means the five- or six-digit North AmericanIndustry Classification System-United States, 1997, number for industries used by the U.S. Department of Commerce. 14. "Permit processing time" means all time spent by Air Quality Division staff or consultants on tasks specifically related to the processing of an application for the issuance or renewal of a particular permit or permit revision, including time spent processing an application that is denied.15 "Quantifiable" means, with respect to emissions, including the emissions involved in equivalent emission limitsand emission trades, capable of being measured or otherwise determined in terms of quantity and assessed interms of character. Quantification may be based on emission factors, stack tests, monitored values, operating ratesand averaging times, materials used in a process or production, modeling, or other reasonable measurement practices. 16. "Registration" means a registration under R18-2-302.01. 17. "Replicable" means, with respect to methods or procedures, sufficiently unambiguous that the same or equivalent results would be obtained by the application of the method or procedure by different users. 18. "Responsible official" means one of the following: a. For a corporation: a president, secretary, treasurer, orvice-president of the corporation in charge of a principal business function, or any other person whoperforms 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: i. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or ii. The delegation of authority to such representatives is approved in advance by the permitting authority; b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

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d. Any stationary source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Director by rule.
2. Unless a Class I permit is required, a Class II permit shall be required for:

a. A person to begin actual construction of or operateany stationary source that emits or has the uncontrolled potential to emit, signifrcant quantities of regulated NSR pollutants; b. A person to make a physical or operational change to a stationary source that would cause the source toemit, or have the uncontrolled potential to emit significant quantities of regulated NSR pollutants.

c. A person to begin actual construction of a source subject to Article 17 of this Chapter. d. A person to make a modification subject to Article 17 of this Chapter to a source for which a permit has not been issued under this Article.

e. A person to begin actual construction of or modify a stationary source that otherwise would be subject to registration but that the Director has determined requires a permit under R18-2-302.01(B)(3)(b). 3. Until the effective date of the Administrator's approval of the registration program in R18-2-302.01 into the state implementation plan, unless a Class I permit is required, a Class II permit shall be required for any of the activities that would require a registration under subsections (13)(4)(b) and (c). 4. After the effective date of the Administrator's approval of R18-2-302.01 into the state implementation plan, unless a Class I or II permit is required, registration shall be required for: a. A person to begin actual construction of or operate any stationary source that emits or has the maximum capacity to emit under its physical and operational design, without taking any limitations on operations or air pollution controls into account, any regulated minor NSR pollutant in an amount greater than or equal to a permitting exemption threshold. b. A person to begin actual construction of or operate any stationary source subject to a standard under section 111 of the Act, except that a stationary source is not required to register solely because it is subject to any of the following standards: i. 40 CFR 60, Subpart AAA (Residential Wood Heaters). ii. 40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines). iii. 40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines). 

### c. A person to begin actual construction of or operateany stationary source, including an area source, subject to a standard under section 112 of the Act,except that a stationary source is not required to register solely because it is subject to any of the following standards: i. 40 CFR 61.145. ii. 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines). iii. 40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers). iv. 40 CFR 63, Subpart CCCCCC (Gasoline Distribution).

v. 40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations). vi. 40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources), published at 76 FR 15554 (March 21, 2011). vii. A regulation or requirement under section 112(r) of the Act. d. A physical or operational change to a source thatwould cause the source to emit or have the maximum capacity to emit under its physical and operational design, without taking any limitations on operations or air pollution control into account, anyregulated minor NSR pollutant in excess of a permitting exemption threshold. C. Notwithstanding subsections (A) and (B), the following stationary sources do not require a permit or registration unlessthe source is a maj or source, or unless operation without a permit would result in a violation of the Act:l. A stationary source that consists solely of a single categorically exempt activity plus any combination of trivial activities. 2. Agricultural equipment used in normal farm operations. "Agricultural equipment used in normal farm operations" does not include equipment classified as a source thatrequires a permit under Title V of the Act, or that is subject to a standard under 40 CFR 60, 61 or 63.
1~ No person may construct or reconstruct any major source of hazardous air pollutants, unless the Director determines that maximum achievable control technology emission limitation (MACT) for new sources under Section 112 of the Act will be met. If MACT has not been established by the Administrator,such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in R18-2-1101(B). For purposes of this subsection, constructing and reconstructing a major source shall have the meaning prescribed in 40 CFR 63.41.


### E. Elective limits or controls adopted under R18-2-302.01(F) shall not be considered in determining whether a source requires registration but shall be considered in determining any of the following: 1. Whether the registration is subject to the public participation requirements of R18-2-330, as provided in R18-2- 302.01(13)(3)(a). 2. Whether review for possible interference with attainment or maintenance of ambient standards is required under R18-2-302.01(C). 3. Whether the source requires a Class II permit, as provided in subsection (13)(2)(a) or (b).F. The fugitive emissions of a stationary source shall not be considered in determining whether the source requires a Class II permit under subsection (13)(2)(a) or (b) or a registration undersubsection (11)(4)(a) or (e), unless the source belongs to a section 3020) category. If a permit is required for a stationary source, the fugitive emissions of the source shall be subject to all of the requirements of this Article. G Notwithstanding subsections (A) and (B) of this Section, a person may begin actual construction, but not operation, of a source requiring a Class I permit or Class I permit revision upon the Director's issuance of the proposed final permit or proposed final permit revision.

Historical Note Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-301 repealed, new Section R9-3-301

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— Air Pollution Control

adopted effective May 14, 1979 (Supp. 79-1). Amended C. Review for NAAQS Compliance; Requirement to Obtain a effective October 2, 1979 (Supp. 79-5). Amended effec- Permit. tive July 9, 1980 (Supp. 80-4). Amended effective May 1. The Director shall review each application for registra28, 1982 (Supp. 82-3). Amended subsections (B) and (C) tion of a source with the uncontrolled potential to emit effective September 22, 1983 (Supp. 83-5). Amended any regulated minor NSR pollutant in an amount equal to subsection (B), paragraph (3) effective September 28, or greater than the permitting exemption threshold. The 1984 (Supp. 84-5). Former Section R9-3-301 renumbered purpose of the review shall be to determine whether the without change as Section R18-2-301 (Supp. 87-3). For- new or modified source may interfere with attainment or mer Section R18-2-302 renumbered to R18-2-302.01, maintenance of a standard imposed in Article 2 of this new Section R18-2-302 renumbered from R18-2-301 and Chapter. In making the determination required by this amended effective September 26, 1990 (Supp. 90-3). Sec- subsection, the Director shall take into account the foltion repealed, new Section adopted effective November lowing factors: 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 a. The source's emission rates, including fugitive emis- (Supp. 98-2). Amended by final rulemaking at 12 A.A.R. sion rates, taking into account any elective limits or 1953, effective January 1, 2007 (Supp. 06-2). Amended controls adopted under subsection (F). by final rulemaking at 18 A.A.R. 1542, effective August b. The location of emission units within the facility and

7, 2012 (Supp. 12-2). their proximity to the ambient air.
R18-2-302.01. Source Registration Requirements c. The terrain in which the source is or will be located.

A. Application. An application for registration shall be submitted d. The source type.

e. The location and emissions of nearby sources.on the form specified by the Director and shall include the following information: f. Background concentrations of regulated minor NSR

1. The name of the applicant. 2. The physical location of the source, including the street pollutants. 2• The Director may undertake the review specified in subaddress, city, county, zip code and latitude and longitude section (C)(1) for a source with the uncontrolled potential

coordinates. to emit regulated minor NSR pollutants in an amount less

3. The source's uncontrolled potential to emit each regu- than the permitting exemption threshold. lated minor NSR pollutant calculated in accordance with 3. If the Director determines under subsection (C)(1) or
R18-2-327(C). (C)(2) that a source's emissions may interfere with attain4, Identification of any elective limits or controls adopted ment or maintenance of a standard imposed in Article 2 under subsection (F). of this Chapter, the Director shall perform a SCREEN

5. In the case of a modification, each increase in the model run for each regulated minor NSR pollutant for source's potential to emit that exceeds the applicable which that determination has been made, threshold in subsection (0)(1)(a). 4. If the Director determines, based on performance of the

6. Identification of the method used to determine the poten- SCREEN model pursuant to subsection (C)(3), that a tial to emit or change in potential to emit specified under source's emissions, taking into account any elective limR18-2-302(B)(4)(a) or (d) or subsection (G)(1)(a) of this its or controls adopted under subsection (F), will interfere

Section. with attainment of a standard imposed in Article 2 of this

7. Process information for the source, including a list of Chapter, the Director shall deny the application for regisemission units, design capacity, operations schedule, and tration. Notwithstanding R18-2-302(B)(4), the owner or
identification of emissions control devices, operator of the source shall be required to obtain a permit

B. Registration Processing Procedures. under R18-2-302 and shall comply with R18-2-334

1. The Department shall complete a review of a registration before beginning actual construction of the source or application for administrative completeness within 30 modification. D. Notwithstanding R18-2-302(B)(4)(b) and (c), the Director calendar days, calculated in accordance with A.A.C. R18- 1-503, after its receipt. shall deny an application for registration for a source subject to

2. The Department shall complete a substantive review and a standard under section 1 I1 or 112 of the Act and require the take final action on a registration application within 60 owner or operator to obtain a permit under R18-2-302, if the calendar days if no hearing is requested, and 90 calendar Director determines based on the following factors that the days if a hearing is requested, calculated in accordance requirement to obtain a permit is warranted: 1. The size and complexity of the source.with A.A.C. R18-1-504, after the application is administratively complete. 2. The complexity of the section 111 or 112 standard appli3. Public Participation. cable to the source.

a. Except as provided in subsection (13)(3)(b), a regis- 3. The public health or environmental risks posed by the tration for construction of a source shall be subject pollutants subject to regulation under the section 111 or to the public notice and participation requirements 112 standard. E. Registration Contents. A registration shall contain the follow- of R18-2-330. The materials relevant to the registra- ing elements: tion decision made available to the public under R18-2-330(D)(11) shall include any determination 1. Identification of each emission unit subject to an applicamade or modeling conducted by the Director under ble requirement and all applicable requirements that subsection (C). apply to the unit, including any testing, monitoring,

b. A registration for construction of a source shall not recordkeeping and reporting obligations imposed by the be subject to the public notice and participation applicable requirement or by R18-2-312. requirements of R18-2-330, if the source's uncon- 2• Any elective limits or controls and associated operating, trolled potential to emit each regulated minor NSR maintenance, monitoring and recordkeeping requirepollutant is less than the applicable permitting ments adopted pursuant to subsection (F). exemption threshold.

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3. A requirement to retain any records required by the registration at the source for at least three years in a form that is suitable for expeditious inspection and review. 4. For any source that has adopted elective limits or controls under subsection (F), a requirement to submit an annual compliance report on the form provided by the Director in the registration. F. Elective Limits or Controls. The owner or operator of a source requiring registration may elect to include any of the followingemission limitations in the registration, provided the registration also includes the operating, maintenance, monitoring and recordkeeping requirements specified below for the limitation. 1. A limitation on the hours of operation of any process or combination of processes. The owner or operator shallmaintain a log or readily available business records showing actual operating hours through the preceding operating day for the process or processes subject to the limitation. 2. A limitation on the production rate for any process or combination of processes. The owner or operator shallmaintain a log or readily available business records showing the actual production rate through the preceding operating day for the process or processes subject to the limitation. 3. A requirement to operate a fabric filter for the control of particulate matter emissions.

a. The owner or operator shall operate the fabric filter at all times that the emission unit controlled by the fabric filter is operated. b. The owner or operator shall inspect the fabric filter at least once per month for tears and leaks and shall promptly repair any tears or leaks identified.

c. The owner or operator shall operate and maintain thefabric fiiter in substantial compliance with the manufacturer's operation and maintenance recommendations. d. The owner or operator shall keep a log or readily available business records of the inspectionsrequired by subsection (17)(3)(b) and the maintenance activities required by subsection (F)(3)(c). 4. Limitations on the concentration of VOC or hazardous air pollutants in process materials. The owner or operator shall maintain a log or readily available business recordsshowing the VOC or hazardous air pollutant concentration in each material subject to such a limitation used during the current calendar year. G. Revised Registrations. 1. Unless a Class II permit is required under R18-2- 302(B)(2)(b), the owner or operator of a registered source shall file a revised registration on the occurrence of any of the following: a. A modification to the source that would result in an increase in the source's uncontrolled potential to emit exceeding any of the following amounts: i. 2.5 tons per year for NO X , S0 2 , PMto, PM2.5

, VOC or C0. ii. 0.3 tons per year for lead. b. Relocation of a portable source. c. The transfer of the source to a new owner. 2. The requirements of subsection (B) shall not apply to a revised registration. The owner or operator may beginactual construction and operation of the modified, relocated or transferred source on filing the revised registration. H. Registration Term. 1. A source's registration shall expire five years after the date of issuance of the last registration for the source or any modification to the source. 2. A source shall submit an application for renewal of a registration not later than six months before expiration of the registration's term. 3. If a source submits a timely and complete application for renewal of a registration, the source's authorization to operate under its existing registration shall continue until the Director takes final action on the application. 4. The Director may terminate a registration under R18-2- 321(C). If the Director terminates a registration under R18-2-321(C)(3), the owner or operator shall be required to apply for a permit for the source under R18-2-302. I. Delayed Effective Date. This Section shall take effect on the effective date of the Administrator's action approving it as part of the state implementation plan.

Historical Note Amended effective August 7, 1975 (Supp. 75-1); Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective October 2, 1979 (Supp. 79-5). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-302 renumbered without change as SectionR18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section R18-2-302 and amended effectiveSeptember 26, 1990 (Supp. 90-3). Section repealed effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).
R18-2-303. Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition A. An installation or operating permit issued before September 1, 1993, and the authority to operate, as provided in Laws 1992,Ch. 299, § 65, continues in effect until the installation or operating permit is terminated, or until the Director issues or denies a Class I or Class II permit to the source, whichever is earlier. B. The terms and conditions of installation permits issued before September l, 1993, or in permits or permit revisions issuedunder R18-2-302 and authorizing the construction or modification of a stationary source, remain federal applicable requirements unless modified or revoked by the Director. C. All sources in existence on September 1, 2012, requiring a registration shall provide notice to the Director by no later than December 1, 2012, on a form provided by the Director. D. All sources requiring a registration that are in existence on the date R18-2-302.01 becomes effective under R18-2-302.01(I) may submit applications for registration at any time after R18- 2-302.01 is effective and shall submit an application no later than 180 days after receipt of written notice from the Director that an application is required. Applications to register the construction or modification of a source must be submitted, and the registration must be issued, before the applicant begins actual construction of the source or modification. E. Sources in existence on the date R18-2-334 becomes effective under R18-2-334(I) are not subject to R18-2-334, unless thesource undertakes a minor NSR modification. Notwithstanding any other provision of this Chapter, R18-2-334 shall apply only to applications for permits or permit revisions filed after the date R18-2-334 takes effect under R18-2-334(I).

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1. To be complete, an application shall provide all information required by subsection (B) (standard application form section). 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 Class II permit to a Class I permit. Aresponsible ofl'icial shall certify the submitted information consistent with subsection (H) (Certification of Truth, Accuracy, and Completeness). 2. An application for a new permit or permit revision shallcontain an assessment of the applicability of the requirements of Article 4 of this Chapter. If the applicant determines that the proposed new source is a major source as defined in R18-2-401, or the proposed permit revision constitutes a major modification as defined in R18-2-101, then the application shall comply with all applicable requirements of Article 4. 3. An application for a new permit or permit revision shall contain an assessment of the applicability of Minor NewSource Review requirements in R18-2-334. If the applicant determines that the proposed new source is subject to R18-2-334, or the proposed permit revision constitutes aMinor NSR Modification, then the application shall comply with all applicable requirements of R18-2-334. 4. An application for a new pennit or a permit revision shallcontain an assessment of the applicability of the requirements established under Article 17 of this Chapter. If the applicant determines that the proposed new source permit or permit revision is subject to the requirements of Article 17 of this Chapter, the application shall comply with all applicable requirements of that Article. 5. Except for proposed new major sources or major modifications subject to the requirements of Article 4 of thisChapter, an application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete unless, within 60 days of receipt of the application, the Director notifies the applicant by certified mail that the application is not complete. 6. If a source wishes to voluntarily enter into an emissions limitation, control, or other requirement pursuant to R18-2-306.01, the source shall describe that emissions limitation, control, or other requirement in its application,along with proposed associated monitoring, recordkeeping, and reporting requirements necessary to demonstratethat the emissions limitation, control, or other requirement is permanent, quantifiable, and otherwise enforceable as a practical matter. 7. If, while processing an application that has been determined or deemed to be complete, the Director determines that additional information is necessary to evaluate or take final action on that application, the Director may request such information in writing and set a reasonabledeadline for a response. Except for minor permit revisions as set forth in R18-2-319, a source's ability to continue operating without a permit, as set forth insubsection (J), 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 Director.7. The completeness determination shall not apply to revisions processed through the minor permit revision process.9. Activities which are insignificant pursuant to the definition of insignificant activities in R18-2-101 shall be listedin the application. The application need not provide emisHistorical Note Amended effective August 7, 1975 (Supp. 75-1). Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective October 2, 1979 (Supp. 79-5). Amended effective May 28, 1982 (Supp. 82-3). Amended subsection (D), paragraph (1) effective September 28, 1984 (Supp. 84-5). Fonner Section R9-3-303 renumbered without change as Section R18-2-303 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3).Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-304. Permit Application Processing Procedures A. Unless otherwise noted, this Section applies to each source requiring a Class I or II permit or permit revision. B. Standard Application Forin and Required Information. To apply for any permit in this Chapter, applicants shall completethe "Standard Permit Application Form" and supply all information required by the "Filing Instructions" as shown inAppendix 1. The Director, either upon the Director's own initiative or on the request of a permit applicant, may waive a requirement that specific information or data be submitted in the application foir a Class II permit for a particular source orcategory of sources if the Director determines that the information or data would be unnecessary to determine all of the following: 1. The applicable requirements to which the source may be subject; 2. That the source is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causingto be emitted air contaminants in violation of the provisions of A.R.S. Title 49, Chapter 3, Article 2 and this Chapter; 3. The fees to which the source may be subject; 4. A proposed emission limitation, control, or other requirement that meets the requirements of R18-2-306.01 or R18-2-306.02. C. A timely application is: 1. 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. 2. 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. 3. Any source under R18-2-326(A)(3) which becomes subject to a standard promulgated by the Administrator pursuant to 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. D. If an applicable implementation plan allows the determinationof an alternative 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 theapplicable implementation plan. The source shall also demonstrate that the equivalent limit is quantifiable, accountable,enforceable, and subject to replicable compliance determination procedures. E. A complete application shall comply with all of the following:

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F.

G



### H.

I. sions data regarding insignificant activities. If the Director determines that an activity listed as insignificant doesnot meet the requirements of the definition of insignificant activities in R18-2-101, the Director shall notify the applicant in writing and

~ specify additional information required. 10. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complyingwith 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. 11. The Director is not in disagreement with a notice of confidentiality submitted with the application pursuant to A.R.S. § 49-432. A source applying for a Class I permit that has submittedinformation with an application under a claim of confidentiality pursuant to A.R.S. § 49-432 and R18-2-305 shall submit a copy of such information directly to the Administrator. 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 con•ected information. In addition, an applicant shall provide additional information as necessary to address any requirements that becomeapplicable to the source after the date it filed a complete application but prior to release of a proposed permit. Certification of Truth, Accuracy, and Completeness. Any application form, report, or compliance certification submittedpursuant to this Chapter shall contain certifrcation by a responsible official of truth, accuracy, and completeness. This certifrcation and any other certification required under this Article shall state that, based on information and belief formed afterreasonable inquiry, the statements and information in the document are true, accurate, and complete. Action on Application. l. The Director shall issue or deny each permit according to the provisions of A.R.S. § 49-427. The Director 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. 2. In addition, a permit may be issued, revised, or renewed only if all of the following conditions have been met:

a. The application received by the Director for a permit, permit revision, or permit renewal shall be complete according to subsection (E). b. Except for revisions qualifying as administrative or minor under R18-2-318 and R18-2-319, all of the requirements for public notice and participation under R18-2-330 shall have been met.

c. For Class 1 permits, the Director shall have complied with the requirements of R18-2-307 for notifying and responding to affected states, and if applicable, other notifrcation requirements of R18-2-402(D)(2) and R18-2-410(C)(2). d. For Class I and II permits, the conditions of the permit shall require compliance with all applicable requirements.

e. For permits for which an application is required to be submitted to the Administrator under R18-2- 307(A), and to which the Administrator has properly objected to its issuance in writing within 45 days of receipt of the proposed frnal permit and all necessary supporting information from the Department, the Director has revised and submitted a proposed final permit in response to the objection and EPA has not objected to this proposed final permit within 45 days of receipt. f. For permits to which the Administrator has objected to issuance pursuant to a petition filed under 40 CFR 70.8(d), the Administrator's objection has been resolved.
g. For a Class II permit that contains voluntary emission limitations, controls, or other requirements established pursuant to R18-2-306.01, the Director shall have complied with the requirement of R18-2- 306.01(C) to provide the Administrator with a copy of the proposed permit. 3. If the Director denies a permit under this Section, a notice shall be served on the applicant by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the denial and a statement that the permit applicant is entitled to a hearing. 4. The Director shall provide a statement that sets forth the legal and factual basis for the proposed permit conditionsincluding references to the applicable statutory or regulatory provisions. The Director shall send this statement to any person who requests it and, for Class I permits, to the Administrator. 5. Priority shall be given by the Director to taking action on applications for construction or modification submitted pursuant to Title 1, Parts C(Prevention of Significant Deterioration) and D(New Source Review) of the Act.Requirement for a Permit. Except as noted under the provisions in R18-2-317 and R18-2-319, no source may operateafter the time that it is required to submit a timely and complete application, except in compliance with a pennit issued pursuant to this Chapter. However, if a source under R18-2-326(A)(3) submits a timely and complete application for continued operation under a permit revision or renewal, thesource's failure to have a permit is not a violation of this Article until the Director takes final action on the application. Thisprotection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by the deadline specified in writing by the Director, any additionalinformation identified as being needed to process the application. This subsection does not affect a source's obligation to obtain a permit revision before making a modification to the



### source.

Historical Note Amended effective August 7, 1975 (Supp. 75-1). FonnerSection R9-3-304 repealed, new Section R9-3-304 formerly Section R9-3-305 renumbered and amended effective August 6,1976 (Supp. 76-4). Former Section R9-3- 304 repealed, new Section R9-3-304 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-304 repealed, new Section R9-3-304 adopted effective May 28, 1982(Supp. 82-3). Former Section R9-3-304 renumbered without change as Section R18-2-304 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective October 7, 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). The reference to R18-2-101(54) in subsection (E)(8) correctedto reference R18-2-101(57) (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final

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rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-305. Public Records; Confidentiality A. The Director shall make all pennits, including all elements required to be in the pennit pursuant to R18-2-306, available to the public. No permit shall be issued unless the information required by R18-2-306 is present in the permit. B. A notice of confidentiality pursuant to A.R.S. § 49-432(C) shall: 1. Precisely identify the information in the documents submitted which is considered confidential. 2. Contain sufficient supporting information to allow the Director to evaluate whether such information satisfies the requirements related to trade secrets or, if applicable,how the information, if disclosed, is likely to cause substantial harm to the person's competitive position. C. Within 30 days of receipt of a notice of confidentiality that complies with subsection (B) above, the Director shall make a determination as to whether the information satisfies the requirements for trade secret or competitive position pursuantto A.R.S. § 49-432(C)(1) and so notify the applicant in writing. If the Director agrees with the applicant that the information covered by the notice of confidentiality satisfies the statutory requirements, the Director shall include a notice inthe file for the permit or permit application that certain information has been considered confrdential. D. If the Director takes action pursuant to A.R.S. § 49-432(D) and obtains a final order authorizing disclosure, the Director shall place the information in the public file and shall notifyany person who has requested disclosure. If the court determines that the information is not subject to disclosure, the Director shall provide the notice specified in subsection (C) above.

Historical Note Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Former Section R9-3-306 renumbered as Section R9-3-305 effective August 6, 1976. References changed to conform (Supp. 76-4). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Fonner Section R9-3-305 repealed, new Section R9-3-305 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-305 repealed, new Section R9-3- 305 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-305 renumbered without change as R18-2- 305 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-306. Permit Contents A. Each permit issued by the Director shall include the following elements: 1. The date of issuance and the permit term. 2. Enforceable emission limitations and standards, including 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 R18-2-306.01. a. The pennit 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. b. The permit shall state that, if an applicable requirement of the Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator.

c. Any permit containing an equivalency demonstration for an alternative emission limit submitted under R18-2-304(D) shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. d. 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 R18-2-101. 3. Each petrnit shall contain the following requirements with respect to monitoring:a. All monitoring and analysis procedures or test tnethods required under applicable monitoring and testing requirements, including: i. Monitoring and analysis procedures or test methods under 40 CFR 64; ii. Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act; and iii. Monitoring and analysis procedures or test methods required under R18-2-306.01. b. 40 CFR 64 as adopted July 1, 1998, is incorporated by reference and on file with the Department and the Office of the Secretary of State. This incorporationby reference contains no future editions or amendments. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements notincluded in the permit as a result of such streamlining;c. If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeepingdesigned to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source'scompliance with the permit as reported under subsection (A)(4). The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwiserequired under R18-2-306.01. Recordkeeping provisions may be sufficient to meet the requirements of this subsection; and d. As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods. 4. The permit shall incorporate all applicable recordkeeping requirements including recordkeeping requirements established under R18-2-306.01, for the following: a. Records of required monitoring information that include the following: i. The date, place as defined in the permit, and time of sampling or measurement; ii. The date any analyses was performed;

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iii. The name of the company or entity that perfonned the analysis; iv. A description of the analytical technique or method used;

V. The results of any analysis; and vi. The operating conditions existing at the time of sampling or measurement; b. Retention of records of all required monitoring data and support information for a period of at least fiveyears 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. The permit shall incorporate all applicable reportingrequirements including reporting requirements established under R18-2-306.01 and require the following:

a. Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements shall be clearly identified in the reports. All required reports shall be cerlified by a responsible official consistent with R18-2- 304(H) and R18-2-309(A)(5). b. Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause ofthe deviations, and any corrective actions or preventive measures taken. Notice that complies with subsection (E)(3)(d) shall be considered prompt for the purposes of this subsection (A)(5)(b). 6. A permit condition prohibiting emissions exceeding any allowances the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.

a. A permit revision is not required for increases in emissions that are authorized by allowances acquired under the acid rain program, if the increases do not require a permit revision under any other applicable requirement. b. A limit shall not be placed on the number of allowances held by the source. The source shall not, however, use allowances as a defense to noncompliance with any other applicable requirement.

c. Any allowance shall be accounted for according tothe procedures established in regulations promulgated under Title IV of the Act. d. Any permit issued under the requirements of this Chapter and Title V ofthe Act to a unit subject to theprovisions of Title IV of the Act shall include conditions prohibiting all of the following: i. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held by the owner or operator of the unit or thedesignated representative of the owner or operator, ii. Exceedances of applicable emission rates, iii. Use of any allowance before the year for which it is allocated, and iv. Contravention of any other provision of the permit. A severability clause to ensure the continued validity ofthe various permit requirements in the event of a challenge to any portion of the pennit. Provisions stating the following: a. The permittee shall comply with all conditions of thepermit including all applicable requirements of Arizona air quality statutes A.R.S. Title 49, Chapter 3, and the air quality rules, 18 A.A.C. 2. Any pennit noncompliance is grounds for enforcement action; for a permit termination, revocation and reissuance,or revision; or for denial of a permit renewal application. Noncompliance with any federally enforceable requirement in a permit is a violation of the Act. b. It shall not be a defense for a permittee in anenforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the pennit.

c. The permit may be revised, reopened, revoked and reissued, or tenninated for cause. The filing of arequest by the 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. d. The permit does not convey any property rights of any sort, or any exclusive privilege to the permit holder.

e. The permittee shall furnish to the Director, within a reasonable time, any information that the Director may request in writing to determine whether causeexists for revising, revoking and reissuing, or terminating the permit, or to determine compliance withthe permit. Upon the Director's request, the permittee shall also furnish to the Director copies ofrecords required to be kept by the permit. For information claimed to be confidential, the permittee shall furnish a copy of the records directly to the Administrator along with a claim of confidentiality. f. For any major source operating in a nonattainmentarea for all pollutants for which the source is classified as a major source, the source shall comply with reasonably available control technology. 9. A provision to ensure that the source pays fees to the Director under A.R.S. § 49-426(E), R18-2-326, and R18- 2-511. 10. A provision stating that a permit revision shall not berequired under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes provided for in the permit.11. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Director. The terms and conditions shall:

a. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating; b. Extend the permit shield described in R18-2-325 to all terms and conditions under each such operating scenario; and

c. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this Chapter. 12. Tenns and conditions, if the permit applicant requests them, and as approved by the Director, for the trading ofemissions increases and decreases in the pennitted facility, to the extent that the applicable requirements providefor trading the increases and decreases without a case-bycase approval of each emissions trade. The terms and conditions: a. Shall include all terms requiied under subsections (A) and (C) to determine compliance;

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Each permit shall contain a compliance plan as specified in R18-2-309.Each permit shall include the applicable permit shield provisions under R18-2-325. Emergency provision. 1. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the controlof the source, including acts of God, that requires immediate corrective action to restore normal operation andthat causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extentcaused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with technology-based emission limitations if the conditions of subsection (E)(3)
are met.3. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An emergency occurred and the permittee can identify the cause or causes of the emergency; b. At the time of the emergency the permitted facility was being properly operated;

c. During the period of the emergency, the permitteetook all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other requirements in the permit; and d. The permittee submitted notice of the emergency to the Director by certified mail, facsimile, or hand delivery within two working days of the time whenemission limitations were exceeded due to the emergency. This notice shall contain a description of the emergency, any steps taken to mitigate emissions, and corrective action taken. 4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. 5. This provision is in addition to any emergency or upset provision contained in any applicable requirement. A Class I permit issued to a major source shall require that revisions be made under R18-2-321 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. A revision shallnot be required if the effective date of the applicable requirement is after the expiration of the permit. The revisions shall be made as expeditiously as practicable, but not later than 18months after the promulgation of the standards and regulations. Any permit revision required under this subsection shall comply with R18-2-322 for permit renewal and shall reset the five-year permit term.

Historical Note Adopted effective August 7, 1975 (Supp. 75-1). FonnerSection R9-3-307 renumbered as Section R9-3-306 effective August 6, 1976. Reference changed to confonn (Supp. 76-4). Former Section R9-3-306 repealed, new Section R9-3-306 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-306 renumbered b. Shall not extend the permit shield in subsection (D) C. to all terms and conditions that allow the increases and decreases in emissions; Fi71

c. Shall not include trading that involves emission units for which emissions are not quantifiable or for E. which there are no replicable procedures to enforce the emissions trades; and d. Shall meet all applicable requirements and requirements of this Chapter. 13. Terms and conditions, if the permit applicant requests them and they are approved by the Director, setting forthinteimittent operating scenarios including potential periods of downtime. If the terms and conditions are included, the state's emissions inventory shall not reflectthe zero emissions associated with the periods of downtime. 14. Upon request of a permit applicant, the Director shall issue a permit that contains terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emission cap established inthe permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms thatensure the emissions trades are quantifiable and enforceable. The Director shall not 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 permitshall also require compliance with all applicable requirements. Changes made under this subsection shall not include modifications under any provision of Title I of the Act and shall not exceed emissions allowable under the perniit. The terms and conditions shall provide, for Class I sources, for notice that conforms to R18-2-317(D)and (E), and for Class II sources, for logging that conforms to R18-2-317.02(B)(5). In addition, the notices for Class I and Class II sources shall describe how the increases and decreases in emissions will comply with the tenns and conditions of the permit. 15. Other terms and conditions as are required by the Act, A.R.S. Title 49, Chapter 3, Articles 1 and 2, and the rules adopted in 18 A.A.C. 2. B. Federally-enforceable Requirements. F. 1. The following permit conditions shall be enforceable by the Administrator and citizens under the Act:

a. Except as provided in subsection (13)(2), all tenns and conditions in a Class I pennit, including any provision designed to limit a source's potential to emit; b. Terms or conditions in a Class II permit setting forth federal applicable requirements; and

c. Tenns and conditions in any permit entered into voluntarily under R18-2-306.01, as follows: i. Emissions limitations, controls, or other requirements; and ii. Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls, or other requirements in subsection (13)(1)(c)(i). 2. Notwithstanding subsection (13)(1)(a), the Director shall specifically designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements.

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Historical Note Adopted effective August 1, 1995 (Supp. 95-3).Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). E. without change as R18-2-306 (Supp. 87-3). Amended subsection (I) effective December 1, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3).Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, efFective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective

December 20, 1999 (Supp. 99-4).
R18-2-306.01.Permits Containing Voluntarily Accepted Emission Limitations and Standards A. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other requirements that are permanent, quantifiable, and otherwiseenforceable as a practical matter in order to avoid classification as a source that requires a Class I pennit or to avoid one or more other applicable requirements. For the purposes of thisSection, "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 to be readily determined by an inspection of records and reports. B. In order for a source to obtain a permit containing voluntarilyaccepted emissions limitations, controls, or other requirements, the source shall demonstrate all of the following in its permit application: 1. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an applicablerequirement 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 thepermit does not waive, or make less stringent, any limitations or requirements contained in or issued pursuant to an applicable implementation plan, or that are otherwise federally enforceable. 2. All voluntarily accepted emissions limitations, controls, or other requirements will be permanent, quantifiable, and otherwise enforceable as a practical matter.C. At the same time as notice of proposed issuance is first published pursuant to A.R.S. § 49-426(D), the Director shall send a copy of any Class II permit proposed to be issued pursuant tothis Section to the Administrator for review during the comment period described in the notice pursuant to R18-2-330(D).10 The Director shall send a copy of each final permit issued pursuant to this Section to the Administrator.

R18-2-306.02. Establishment of an Emissions Cap A. An applicant may, in its application for a new permit, renewal of an existing permit, or as a significant permit revision, request an emissions cap for a particular pollutant expressed in tons per year as determined on a 12-month rolling average, or any shorter averaging time necessary to enforce any applicable requirement, for any emissions unit, combination of emissionsunits, or an entire source to allow operating flexibility including emissions trading for the purpose of complying with the cap. This Section shall not apply to sources that hold an authority to operate under a general permit pursuant to Article 5 of this Chapter. B. An emissions cap for a Class II source that limits the emissions of a particular pollutant for the entire source shall not exceed any of the following: 1. The applicable requirement for the pollutant if expressed in tons per year;The source's actual emissions plus the applicable significance level for the pollutant established in R18-2- ]O1(104); The applicable major source threshold for the pollutant;

or4. A sourcewide emission limitation for the pollutant voluntarily agreed to by the source under R18-2-306.01.C. In order to incorporate an emissions cap in a pennit the applicant must demonstrate to the Director that terms and conditions in the permit will: 1. Ensure compliance with all applicable requirements for the pollutant;2. Contain replicable procedures to ensure that the emissions cap is enforceable as a practical matter and emissions trading conducted under it is quantifiable and enforceable as a practical matter. For the purposes of this Section, "enforceable as a practical matter" shall include the following criteria:a. The permit conditions are perinanent and quantifiable; The permit includes a legally enforceable obligation to comply; The limits impose an objective and quantifiable operational or production limit or require the use of in-place air pollution control equipment; 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 R18-2-306(A)(3),(4), and (5). 3. For a Class I permit, include all terms required under R18-2-306(A) and R18-2-309.D. Class I sources shall log an increase or decrease in actual emissions authorized as a trade under an emissions cap unless an applicable requirement requires notice to the Director. The log shall contain the information required by the permit including, at a minimum, when the proposed emissions increase or decrease occurred, a description of the physical change or change in method of operation that produced the increase or decrease, the change in emissions from the physical change or change in method of operation, and how the increase or decrease in emissions complies with the permit. Class II sources shall comply with R18-2-317.02(B)(5).The Director shall not include in an emissions cap or emissions trading allowed under a cap any emissions unit for which the emissions are not quantifiable or for which there are no replicable procedures or practical means to enforce emissions trades.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).
R18-2-307. Permit Review by the EPA and Affected States A. Except as provided in R18-2-304(F) and as waived by the Administrator, for each Class I permit, a copy of each of the following shall be provided to the Administrator as follows:1. The applicant shall provide a complete copy of the application including any attachments, compliance plans, and

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3. Contained in any Prevention of Significant Deterioration (PSD) or New Source Review (NSR) permit issued by the U.S. E.P.A., 4. Contained in R18-2-715(F), or 5. Included in a permit to meet the requirements of R18-2- 406(A)(5). B. Affirmative Defense for Malfunctions. Emissions in excess of an applicable emission limitation dueto malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of R18-2-310.01 and has demonstrated all of the following: l. The excess emissions resulted from a sudden andunavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control of the operator; 2. The air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; 3. If repairs were required, the repairs were made in anexpeditious fashion when the applicable emission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off-shift laborand overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable; 4. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions; 5. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; 6. The excess emissions were not part of a recurring patternindicative of inadequate design, operation, or maintenance; 7. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source; 8. The excess emissions did not stem from any activity or event that could have been foreseen and avoided, orplanned, and could not have been avoided by better operations and maintenance practices; 9. All emissions monitoring systems were kept in operation if at all practicable; and 10. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records, C Affirmative Defense for Startup and Shutdown.1. Except as provided in subsection (C)(2), and unless otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owner or operator of a source with emissions in excess ofan applicable emission limitation due to startup and shutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with thereportirig requirements of R18-2-310.01 and has demonstrated all of the following: a. The excess emissions could not have been prevented through careful and prudent planning and design; b. If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable toprevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property;

c. The source's air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; d. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;

e. All reasonable steps were taken to minimize theimpact of the excess emissions on ambient air quality; f. During the period of excess emissions there were noexceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source;
g. All emissions monitoring systems were kept in operation if at all practicable; and h. The owner or operator's actions in response to theexcess emissions were documented by contemporaneous records. 2. If excess emissions occur due to a malfunction during routine startup and shutdown, then those instances shall be treated as other malfunctions subject to subsection (B). D. Affirmative Defense for Malfunctions During Scheduled Maintenance.If excess emissions occur due to a malfunction during scheduled maintenance, then those instances will be treated as other malfunctions subject to subsection (B). E. Demonstration of Reasonable and Practicable Measures. For an affirmative defense under subsection (B) or (C), the owner or operator of the source shall demonstrate, throughsubmission of the data and information required by this Section and R18-2-310.01, that all reasonable and practicablemeasures within the owner or operator's control were implemented to prevent the occurrence of the excess emissions.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective June 19, 1981 (Supp. 81-3). Amended Arizona Testing Manual for Air Pollutant Emissions, effective September 22, 1983 (Supp. 83-5). Amended ArizonaTesting Manual for Air Pollutant Emissions, as of September 15, 1984, effective August 9, 1985 (Supp. 85-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-310 renumbered without change as R18-2-310 (Supp. 87-3). Amended effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Sectionadopted effective November 15, 1993 (Supp. 93-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1).
R18-2-310.01. Reporting RequirementsA. The owner or operator of any source shall report to the Director any emissions in excess of the limits established by this Chapter or the applicable permit. The owner or operator of any registered source may report excess emissions in accordance with this Section in order to qualify for the affirmative defense established in R18-2-310. The report shall be in two parts as specified below:

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1. Notification by telephone or facsimile within 24 hours ofthe time the owner or operator first learned of the occurrence of excess emissions that includes all available information from subsection (B). 2. Detailed written notification by submission of an excess emissions report within 72 hours of the notification under subsection (A)(1).B. The excess emissions report shall contain the following information: 1. The identity of each stack or other emission point where the excess emissions occurred; 2. The magnitude of the excess emissions expressed in theunits of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions; 3. The time and duration or expected duration of the excess emissions; 4. The identity of the equipment from which the excess emissions emanated; 5. The nature and cause of the emissions; 6. The steps taken, if the excess emissions were the result of a malfunction, to remedy the malfunction and the stepstaken or planned to prevent the recurrence of the malfunctions; 7. The steps that were or are being taken to limit the excess emissions; and 8. If the source's permit contains procedures governing source operation during periods of startup or malfunctionand the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures. C. In the case of continuous or recurring excess emissions, the notification requirements of this Section shall be satisfied ifthe source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuant to subsections (A) and (B).

Historical Note New Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-311. Test Methods and Procedures A. Except as otherwise specified in this Chapter, the applicableprocedures and testing methods contained in the Arizona Testing Manual; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C shall be used to determine compliance with the requirementsestablished in this Chapter or contained in pernlits issued pursuant to this Chapter. B. Except as otherwise provided in this subsection the opacity of visible emissions shall be determined by Reference Method 9 of the Arizona Testing Manual. A permit may specify a method, other than Method 9, for determining the opacity of emissions from a particular emissions unit, if the method hasbeen promulgated by the Administrator in 40 CFR 60, Appendix A. C. Except as otherwise specified in this Chapter, the heat content of solid fuel shall be determined according to ASTM method D-3176-89, (Practice for Ultimate Analysis of Coal and Coke)and ASTM method D-2015-91, (Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter). D. Except for ambient air monitoring and emissions testing required under Articles 9 and 11 of this Chapter, alternative and equivalent test methods in any test plan submitted to the Director may be approved by the Director for the duration of that plan provided that the following three criteria are met: 1. The alternative or equivalent test method measures the same chemical and physical characteristics as the test method it is intended to replace. 2. The alternative or equivalent test method has substantially the same or better reliability, accuracy, and precision as the test method it is intended to replace. 3. Applicable quality assurance procedures are followed in accordance with the Arizona Testing Manual, 40 CFR 60 or other quality assurance methods which are consistent with principles contained in the Arizona Testing Manual or 40 CFR 60 as approved by the Director.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-311 renumbered without change as R18-2-311 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-312. Performance TestsA. Within 60 days after a source subject to the pennit requirements of this Article has achieved the capability to operate at its maximum production rate on a sustained basis but no later than 180 days after initial start-up of such source and at such other times as may be required by the Director, the owner or operator of such source shall conduct performance tests and furnish the Director a written report of the results of the tests. B. Performance tests shall be conducted and data reduced in accordance with the test method and procedures contained in the Arizona Testing Manual unless the Director: 1. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; 2. Approves the use of an equivalent method; 3. Approves the use of an alternative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance; or 4. Waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Director's satisfaction that the source is in compliance with the standard. 5. Nothing in this Section shall be construed to abrogate the Director's authority to require testing. C. Performance tests shall be conducted under such conditions asthe Director shall specify to the plant operator based on representative performance of the source. The owner or operator shall make available to the Director such records as may be necessary to determine the conditions of the performance tests.Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions of performance tests unless otherwise specified in the applicable standard. D. The owner or operator of a permitted source shall provide the Director two weeks prior notice of the performance test to afford the Director the opportunity to have an observer present. E. The owner or operator of a permitted source shall provide, or cause to be provided, performance testing facilities as follows: 1. Sampling ports adequate for test methods applicable to such facility.

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2.

4. C = pollutant concentration, g/dscm (Ib/dscf),

determined by multiplying the average concentration (ppm) for each hourly period by 4.16 

# x 10" 5 M g/dscm per ppm (2.64 x 10' 9 M lb/dscf per ppm) where M= pollutant molecularweight, g/g-mole (Ib/lb-mole), M= 64 for sulfur dioxide and 46 for oxides of nitrogen.C(ws) = pollutant concentrations at stack conditions, g/wscm (lb/wscf), determined by multiplying the average concentration (ppm) for each one-hour period by 4.15 x 10' 5 M lb/wscm per ppm) (2.59 x 10 -5 M lb/wscf per ppm) where M= pollutant molecular weight, g/g mole (lb/lb mole). M= 64 for sulfur dioxide and 46 for nitrogen oxides. %0(2),%CO(2) = Oxygen or carbon dioxide volume (expressed as percent) determined with equipment specified under subsection (D)(1)(d),F,F(c) = A factor representing a ratio of the volume of dry flue gases generated to the calorificvalue of the fuel combusted (F), a factor representing a ratio of the volume of carbon dioxidegenerated to the calorific value of the fuel combusted (F(c)), respectively. Values of F and F(c) are given in 40 CFR 60.45(f) (Chapter 1).F(w) = A factor representing a ratio of the volume of wet flue gases generated to the caloric value of the fuel combusted. Values of F(w) are given in Reference Method 19 of the Arizona Testing Manual. B(wa) = Proportion by volume of water vapor in the ambient air. Approval may be given for determination of B(w)a by on-site instrumentalmeasurement provided that the absolute accuracy of the measurement technique can be demonstrated to be within f 0.7% water vapor.Estimation methods for B(wa) are given in Reference Method 19 of the Arizona Testing Manual. B(ws) = Proportion by volume of water vapor in the stack gas. For sulfuric acid plants as defined in R18-2-101, the owner or operator shall:

a. Establish a conversion factor three times daily according to the procedures of 40 CFR 60.84(b) (Chapter 1), b. Multiply the conversion factor by the average sulfur dioxide concentration in the flue gases to obtain average sulfur dioxide emissions in Kg/metric ton (lb/short ton), and

c. Report the average sulfur dioxide emission for eachavei•aging period in excess of the applicable emission standard in the quarterly summary. For nitric acid plants, the owner or operator shall:

a. Establish a conversion factor according to the procedures of 40 CFR 60.73(b) (Chapter 1), b. Multiply the conversion factor by the average nitrogen oxides concentration in the flue gases to obtain the nitrogen oxides emissions in the units of the applicable standard,

c. Report the average nitrogen oxides emission foreach averaging period in excess of applicable emission standard in. the quarterly summary.The Director may allow data reporting or reduction procedures varying from those set forth in this Section if the owner or operator of a source shows to the satisfaction of the Director that his procedures are at least as accurate as those in this Section. Such procedures may include but are not limited to the following:

a. Alternative procedures for computing emission averages that do not require integration of data (e.g., some facilities may demonstrate that the variabilityof their emissions is sufficiently small to allow accurate reduction of data based upon computing averages from equally spaced data points over the averaging period). b. Alternative methods of converting pollutant concentration measurements to the units of the emission standards.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (C), paragraph (1), subparagraph (d) (Supp 80-2). Amended effective July 9, 1980 (Supp. 80- 4). Former Section R9-3-313 renumbered without changeas R18-2-313 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3): Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 1164, effective

February 15, 2001 (Supp. 01-1).
R18-2-314. Quality Assurance Facilities subject to the permit requirements of this Article shall submit a quality assurance plan to the Director that meets the requirements of R18-2-311(D)(3) within 12 months of the effective date of this Section. Facilities subject to the requirements of R18-2- 313 shall submit a quality assurance plan as specified in the permit.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 314 renumbered without change as R18-2-314 (Supp. 87- 3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).
R18-2-315. Posting of PermitA. Any person who has been granted an individual or general permit shall post such permit or a certificate of permit issuance on location where the equipment is installed in such a manner as to be clearly visible and accessible. All equipment covered by the permit shall be clearly marked with one of the following: 1. The current permit number, 2. A serial number or other equipment number that is also listed in the permit to identify that piece of equipment. B. A copy of the complete permit shall be kept on the site.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 315 renumbered without change as R18-2-315 (Supp. 87- 3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).
R18-2-316. Notice by Building Permit Agencies All agencies of the county or political subdivisions of the county that issue or grant building permits or approvals shall examine the plans and specifications submitted by an applicant for a peiTnit or approval to determine if an air pollution permit will possibly be required under the provisions of this Chapter. If it appears that anair pollution permit will be required, the agency or political subdivision shall give written notice to the applicant to contact the Director and shall furnish a copy of that notice to the Director.

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Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-316 renumbered without change as R18-2-

316 (Supp. 87-3).
R18-2-317. Facility Changes Allowed Without Permit Revisions - Class IA. A facility with a Class I permit may make changes that contravene an express permit term without a permit revision if all of the following apply: 1. The changes are not modifications under any provision of Title I of the Act or under A.R.S. § 49-401.01(24); 2. The changes do not exceed the emissions allowable underthe pemlit whether expressed therein as a rate of emissions or in terms of total emissions; 3. The changes do not violate any applicable requirements or trigger any additional applicable requirements; 4. The changes satisfy all requirements for a minor permit revision under R18-2-319(A); 5. The changes do not contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements; and 6. The changes do not constitute a minor NSR modification. B. The substitution of an item of process or pollution controlequipment for an identical or substantially similar item of proeess or pollution control equipment shall qualify as a change that does not require a permit revision, if the substitution meets all of the requirements of subsections (A), (D), and (E).C. Except for sources with authority to operate under general permits, permitted sources may trade increases and decreases in emissions within the permitted facility, as established in thepermit under R18-2-306(A)(12), if an applicable implementation plan provides for the emissions trades without applying for a permit revision and based on the seven working days notice prescribed in subsection (D). This provision is available if the permit does not provide for the emissions trading as a minor permit revision. D. For each change under subsections (A) through (C), a written notice by certified mail or hand delivery shall be received bythe Director 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 advancenotification is not practicable, as soon after the change as possible. E. Each notification shall include: 1. When the proposed change will occur; 2. A description of the change; 3. Any change in emissions of regulated air pollutants; 4. The pollutants emitted subject to the emissions trade, if
any; 5. The provisions in the implementation plan that provide for the emissions trade with which the source will complyand any other information as may be required by the provisions in the implementation plan authorizing the trade; 6. If the emissions trading provisions of the implementation plan are invoked, then the permit requirements with which the source will comply; and 7. Any permit term or condition that is no longer applicable as a result of the change. F. The permit shield described in R18-2-325 shall not apply toany change made under subsections (A) through (C). 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. G. Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another as provided under R18-2-306(A)(11) shall not require any prior notice underthis Section. H. The Director shall make available to the public monthly summaries of all notices received under this Section.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-317 renumbered without change as R18-2- 317 (Supp. 87-3). Section repealed, new Section 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 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-317.01. Facility Changes that Require a Permit Revision - Class II A. The following changes at a source with a Class II permit shall require a permit revision:1. A change that would trigger a new applicable requirement or violate an existing applicable requirement. 2. Establishment of, or change in, an emissions cap under R18-2-306.02; 3. A change that will require a case-by-case determinationof an emission limitation or other standard, or a sourcespecific determination of ambient impacts, or a visibility or inerement analysis; 4. A change that results in emissions that are subject to monitoring, recordkeeping or reporting under R18-2- 306(A)(3), (4), or (5) if the emissions cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. 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;6. A change that requires the source to obtain a Class I permit•7. 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 efflciency; 8. Establishment or revision of a limit under R18-2-306.01; 9. Increasing operating hours or rates of production above the permitted level; 10. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results:

a. From removing equipment that results in a permanent decrease in actual emissions, if the sourcekeeps onsite records of the change in a log that satisfies Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or b. From a change in an applicable requirement; and 11. A minor NSR modification. B. A source with a Class II permit may make any physical change or change in the method of operation without revising the source's permit unless the change is specifically prohibited in the source's permit or is a change described in subsection (A). A change that does not require a permit revision may still be subject to requirements in R18-2-317.02.

Historical Note New Section adopted by final rulemaking at 5 A.A.R.

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6. Are not changes in fuels not represented in the permit application or provided for in the permit; 7. Are not minor NSR modifications subject to R18-2-334, except that minor NSR modifications subject to R18-2- 334(G) may be processed as minor permit revisions; and 8. Are not required to be processed as a significant permit revision under R18-2-320.Minor permit revision procedures shall be used for the following changes at a Class II source: 1. A change that triggers a new applicable requirement if all of the following apply:

a. The change is not a minor NSR modification subject to R18-2-334, except that minor NSR modifications subject to R18-2-334(G) may be processed as minor permit revisions; b. A case-by-case determination of an emission limitation or other standard is not required; and

c. The change does not require the source to obtain a Class I permit; 2. A change that increases emissions above the pennitted level unless the increase otherwise creates a condition that requires a significant pennit revision; 3. A change in fuel from fuel oil or coal, to natural gas or propane, if not authorized in the permit; 4. A change that results in emissions subject to monitoring, recordkeeping, or reporting under R18-2-306(A)(3),(4),or (5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. A decrease in the emissions permitted under an emissionscap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and enforceable; and6. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better efficiency. As approved by the Director, minor permit revision proceduresmay be used for permit revisions involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the minor permit revision procedures are explicitly provided for in an applicableimplementation plan or in applicable requirements promulgated by the Administrator.An application for minor permit revision shall be on the standard application form contained in Appendix 1 and include the following: 1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; 2. For Class I sources, and any source that is making the change immediately after it files the application, the source's suggested draft permit; 3. Certification by a responsible official, consistent withstandard permit application requirements, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that the procedures be used; EPA and affected state notification. For Class I permits, withinfive working days of receipt of an application for a minor permit revision, the Director shall notify the Administrator and affected states of the requested peiTnit revision in accordance with R18-2-307. For Class I permits, the Director shall not issue a final permit revision until after the Administrator's 45-day review period or until the Administrator has notified the Director that the age, and liability between the current and new permittee has been submitted to the Director; B. 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. C. The Director shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and for Class I permits may incorpo- B. rate such changes without providing notice to the public oraffected states provided that it designates any such permit revisions as having been made pursuant to this Section. D. The Director shall submit a copy of Class I permits revised under this Section to the Administrator. E. Except for administrative permit amendments involving a transfer under R18-2-323, the source may implement thechanges addressed in the request for an administrative amendment immediately upon submittal of the request.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-318 renumbered without change as R18-2- 318 (Supp. 87-3). Amended subsection (A) effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993

(Supp. 93-4).
R18-2-318.01.Annual Summary Permit Amendments for Class II PermitsThe Director may amend any Class II permit annually without following R18-2-321 in order to incorporate changes reflected in logsor notices filed under R18-2-317.02. The amendment shall be effective to the anniversary date of the permit. The Director shall make available to the public for any source:l. A complete record of logs and notices sent to the Department under R18-2-317.02; and 2. Any amendments or revisions to the source's permit.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. C. 4074, effective September 22, 1999 (Supp. 99-3).

R18-2-319. Minor Permit Revisions A. Minor permit revision procedures may be used only for those changes at a Class I source that satisfy all of the following: 1. Do not violate any applicable requirement;2. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the per- D. mit; 3. Do not require or change a case-by-case determination ofan emission limitation or other standard, or a source-specific determination of ambient impacts, or a visibility or increment analysis;4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an applicable requirement to which thesource would otherwise be subject. The terms and conditions include:

a. A federally enforceable emissions cap that the source would assume to avoid classification as a modification under any provision of Title I of the E. Act; and b. An alternative emissions limit approved under regulations promulgated under the section 112(i)(5) of the Act. 5. Are not modifications under any provision of Title I of F. the Act;

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Administrator will not object to issuance of the permit revision, whichever is first, although the Director may approve thepermit revision before that time. Within 90 days of the Director'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 Director shall do one or more of the following: 1. Issue the permit revision as proposed, 2. Deny the permit revision application, 3. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures, or 4. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as required in R18-2-307. C. The source may make the change proposed in its minor permit revision application immediately after it files the application.After a Class I source makes a change allowed by the preceding sentence, and until the Director takes any of the actions specified in subsection (F), the source shall comply with boththe applicable requirements governing the change and the proposed revised permit terms and conditions. During this time period, the Class I source need not comply with the existing permit terms and conditions it seeks to modify. However, if the Class I source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it. H. The permit shield under R18-2-325 shall not extend to minor permit revisions. I. Notwithstanding any other part of this Section, the Director may require a permit to be revised under R18-2-320 for any change that, when considered together with any other changes submitted by the same source under this Section or R18-2- 317.02 over the life of the permit, do not satisfy subsection (A) for Class I sources or subsection (B) for Class II sources. J. The Director shall make available to the public monthly summaries of all applications for minor permit revisions.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-319 renumbered without change as R18-2- 319 (Supp. 87-3). Section repealed, new Section 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).
R18-2-320. Significant Permit Revisions A. For Class I sources, a significant revision shall be used for an application requesting a permit revision that does not qualify as a minor permit revision or as an administrative amendment. A significant revision that is only required because of a change described in R18-2-319(A)(6) or (7) shall not be considered a significant permit revision under part 70 for the purposes of 40CFR 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 revision procedures. B. A source with a Class II permit shall make the following changes only after the permit is revised following the public participation requirements of R18-2-330: 1. Establishing or revising a voluntarily accepted emission limitation or standard as described by R18-2-306.01 orR18-2-306.02, except a decrease in the limitation authorized by R18-2-319(B)(5); 2. Making any change in fuel not authorized by the permit and that is not fuel oil or coal, to natural gas or propane; 3. A change that is a minor NSR modification subject to R18-2-334, except for a minor modification subject to R18-2-334(G); 4. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results from:

a. 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 Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or b. A change in an applicable requirement. 5. A change that will cause the source to violate an existingapplicable requirement including the conditions establishing an emissions cap; 6. A change that will require any of the following:

a. A case-by-case determination of an emission limitation or other standard; b. A source-specific determination of ambient impacts, or a visibility or increment analysis; or

c. A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.7. A change that requires the source to obtain a Class I permit. C. 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 any rules adopted under A.R.S. § 49-426.03. D. Significant permit revisions shall meet all requirements of this Article for applications, public participation, review by affected states, and review by the Administrator that apply to permit issuance and renewal. Notwithstanding R18-2-330(C),the Director may provide notice for changes requiring a significant permit revision solely under subsection (13)(2), (4) or(6)(c) by posting a notice on the Department's web site, sending e-mails to persons who have requested electronic notification of the Department's proposed air quality permit actions and by mailing a copy of the notice as provided in R18-2- 330(C)(1). E. When an existing source applies for a significant permit revision to revise its per

- mit from a Class II permit to a Class I permit, it shall submit a Class I permit application in accordance with R18-2-304. The Director shall issue the entire permit, and not just the portion being revised, in accordance with Class Ipermit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in R18-2-307 and R18-2-330.

Historical NoteAdopted efPective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effectiveDecember 20,1999 (Supp. 99-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).
R18-2-321. Permit Reopenings; Revocation and Reissuance; Termination A. Reopening for Cause.

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1. Each issued permit shall include provisions specifying the conditions under which the permit shall be reopened prior to the expiration of the permit. A permit shall bereopened and revised under any of the following circumstances:

a. Additional applicable requirements under the Actbecome applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than 18months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is 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 R18-2-322(B). Any permit revision required pursuant to this subsection shall comply with provisions in R18-2-322 for permit renewal and shall reset the five-year permit term. b. 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 Class I permit.

c. The Director or the Administrator determines thatthe permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit. d. The Director or the Administrator determines that the perrnit needs to be revised or revoked to assure compliance with the applicable i•equirements. 2. 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 permitissuance and shall, except for reopenings under subsection (A)(1)(a), affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable. 3. Reopenings under subsection (A)(1) shall not be initiated before a notice of such intent is provided to the source by the Director at least 30 days in advance of the date that the permit is to be reopened, except that the Director may provide a shorter time period in the case of an emergency. 4. When a permit is reopened and revised pursuant to this Section, the Director may make appropriate revisions to the permit shield established pursuant to R18-2-325. B. Within 10 days of receipt of notice from the Administrator that cause exists to reopen a Class I permit, the Director shall notify the source. The source shall have 30 days to respond to the Director. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, or within any extension to the 90 days granted by EPA, the Director shall forward to the Administrator and the source a proposeddetermination of termination, revision, or revocation and reissuance of the permit. Within 90 days of receipt of an EPA objection to the Director's proposal, the Director shall resolve the objection and act on the permit. C. The Director may issue a notice of termination of a permit or registration issued pursuant to this Chapter if: 1. The Director has reasonable cause to believe that the permit or registration was obtained by fraud or misrepresentation. 2. The person applying for the permit or registration failed to disclose a material fact required by the applicationform or the regulation applicable to the permit or registration, 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 or registration have been or are being violated.D. If the Director issues a notice of termination under this Section, the notice shall be served on the permittee by certifiedmail, 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.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section 119-3-321 renumbered without change as R18-2-321(Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-322. Permit Renewal and Expiration A. A permit being renewed is subject to the same procedural requirements, including any for public paiticipation and affected states and Administrator review, that would apply to that permit's initial issuance.B. Except as provided in R18-2-303(A), permit expiration terminates the source's right to operate unless a timely application for renewal that is sufficient under A.R.S. § 41-1064 has been submitted in accordance with R18-2-304. Any testing that is required for renewal shall be completed before the proposed permit is issued by the Director. C. The Director shall act on an application for a permit renewal within the same time-frames as on an initial permit.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-322 renumbered without change as R18-2-322 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-323. Permit Transfers A. Except as provided in A.R.S. § 49-429 and subsection (B), a Class I or JI permit may be transferred to another person if the person who holds the permit gives notice to the Director in writing at least 30 days before the proposed transfer. The notice shall contain the following: 1. The permit number and expiration date; 2. The name, address, and telephone number of the current permit holder; 3. The name, address and telephone number of the person to receive the permit; 4. 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 acceptancc; 5. A description of the equipment to be transferred; 6. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the cun•ent and new permittee; 7. Provisions for the payment of any fees pursuant to R18-2- 326 or R18-2-501 that will be due and payable before the effective date of transfer; 8. Sufficient information about the source's technical and financial capabilities of operating the source to allow the Director to make the decision in subsection (B) including:a. The qualifications of each person principally responsible for the operation of the source;

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b. A statement by the chief financial officer of the new permittee that it is financially capable of operating the facility in compliance with the law, and theinformation that provides the basis for that statement;

C. A brief description of any action for the enforcement of any federal or state law, or any county, city, orlocal government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for operating the facility during the five years preceding the date of application. In lieu of this description, the new permittee may submit a copy of the cei

- tificate 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. B. The Director shall deny the transfer if the Director determines that the organization receiving the permit is not capable of operating the source in compliance with A.R.S. Title 49,Chapter 3, Article 2, the provisions of this Chapter or the provisions of the permit. Notice of the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within 10 working days of the Director's receipt of the application. If the transfer is not denied within 10 working days after receipt of the notice, it shall be deemed approved. C. To appeal the transfer denial: 1. Both the transferor and transferee shall petition the Officeof Administrative Hearings in writing for a public hearing; and 2. All parties shall follow the appeal process for a permit.D. The Director shall make available to the public monthly summaries of all notices received under this Section.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-323 renumbered without change as R18-2-323 (Supp.•87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Seetion adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 12 A.A.R. 4698, effective February 3, 2007 (Supp. 06-4).

R18-2-324. Portable Sources A. A portable source that will operate for the duration of its permit solely in one county that has established a local air pollution control program pursuant to A.R.S. § 49-479 shall obtain a permit from that county. A portable source with a county permit shall not operate in any other county. A portable source that has a permit issued by the Director and obtains a county permit shall request that the Director terminate the permit. Upon issuance of the county permit, the permit issued by the Director is no longer valid. B. A portable source which has a county permit but proposes to operate outside that county shall obtain a permit from the Director. A portable source that has a permit issued by a county and obtains a peimit issued by the Director shall request that the county terminate the permit. Upon issuance of a permit by the Director, the county permit is no longer valid. Before commencing operation in the new county, the sourceshall notify the Director and the control officer who has jurisdiction in the county that includes the new location according to subsection (D). C. An owner of portable source equipment which requires a permit under this Chapter shall obtain the permit prior to renting or leasing said equipment. 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 the owner and the lessee or renter shall be responsible for the operation of this equipment in compliance with the permit conditions and any violations thereof. D. A portable source may be transferred from one location to another provided that the owner or operator of such equipmentnotifies the Director and any control officer who has jurisdiction over the geographic area that includes the new location of the transfer by certified mail at least 10 working days before the transfer. The notification required under this subsection shall include: 1. A description of the equipment to be transferred including the permit number for such equipment; 2. A description of the present location; 3. A description of the location to which the equipment is to be transferred, including the availability of all utilities, such as water and electricity, necessary for the proper operation of all control equipment; 4. The date on which the equipment is to be moved; and 5. The date on which operation of the equipment will begin at the new location. E. Any permit for a portable source shall contain conditions that will assure compliance with all applicable requirements at all authorized locations.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). •

R18-2-325. Permit ShieldsA. Each Class I or II permit issued under this Chapter shall specifically identify all federal, state, and local air pollution control requirements applicable to the source at the time the permit is issued. The permit shall state that compliance with the conditions of the permit shall be deemed compliance with any applicable requirement as of the date of permit issuance, provided that such applicable requirements are included and expressly identified in the permit. The Director may include in a permit determinations that other requirements specifically identified are not applicable. Any permit under this Chapter that does not expressly state that a permit shield exists shall not provide such a shield. B. Nothing in this Section or in any permit shall alter or affect the following: I. The provisions of Section 303 of the Act (emergency orders), including the authority of the Administrator under that Section; 2. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; 3. The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act; 4. The ability of the Administrator or the Director to obtain information from a source pursuant to Section 114 of the Act, or any provision of state law; 5. The authority of the Director to require compliance with new applicable requirements adopted after the permit is issued. C. In addition to the provisions of R18-2-321, a permit may be reopened by the Director 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.

Historical Note Emergency rule adopted effective September 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days

June 30, 2012 Page 49 Supp. 12-2Administrator as a revision to the applicable implementation plan pursuant to Section 110(1) of the Act and shall become effective upon approval by the Administrator. b. The conditional order varies from the requirements of a permit issued for a facility that is required to obtain a permit pursuant to Title V of the Act, in which case the conditional order shall be submitted to the Administrator if required by Section 505 of the Act and shall be effective at the end of the review period specified in such section, unless objected to within such period by the Administrator. F. Violation of the terms and conditions of the conditional ordershall subject the source to suspension or revocation of the conditional order in accordance with A.R.S. § 49-441.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4).
R18-2-329. Permits Containing the Terms and Conditions of Federal Delayed Compliance Orders (DCO) or Consent Decrees A. The terms and conditions of either a delayed compliance order (DCO) or consent decree shall be incorporated into a permit through a permit revision. 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. B. The owner or operator of a source subject to a DCO or consentdecree shall submit to the Director a quarterly report of the status of the source and construction progress and copies of any reports to the Administrator required under the order ordecree. The Director may require additional reporting requirements and conditions in permits issued under this Article. C. For the purpose of this Chapter, sources subject to a consentdecree issued by a federal court shall meet the same requirements as those subject to a DCO.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4).
R18-2-330. Public Participation A. The Director shall provide public notice, an opportunity forpublic comment, and an opportunity for a hearing before taking any of the following actions: l. A permit issuance or renewal of a permit, 2. A significant permit revision, 3. Revocation and reissuance or reopening of a permit, 4. Any conditional orders pursuant to R18-2-328, 5. Granting a variance from a general permit under R18-2- 507 and R18-2-1705. B. The Director shall provide public notice of receipt of complete applications for permits or permit revisions subject to Article 4of this Chapter by publishing a notice in a newspaper of general circulation in the county where the source is or will be located.C. The Director shall provide the notice required pursuant to subsection (A) as follows: 1. The Director shall publish the notice once each week fortwo consecutive weeks in two newspapers of general circulation in the county where the source is or will be located. 2. The Director shall mail a copy of the notice to persons on a mailing list developed by the Director consisting of those persons who have requested in writing to be placed on such a mailing list.D. The notice required by subsection (C) shall include the following: 1. Identification ofthe affected facility; E.

F.

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Department of Environmental Quality — Air Pollution Control

2. Name and address of the permittee or applicant; 3. Name and address of the permitting authority processing the permit action; 4. The activity or activities involved in the permit action; 5. The emissions change involved in any peimit revisions; 6. The air contaminants to be emitted; 7. If applicable, that a notice of confidentiality has been filed under R18-2-305; 8. If applicable, that the source has submitted a risk management analysis under R18-2-1708; 9. 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; 10. The name, address, and telephone number of a person from the Department from whom additional information may be obtained; 11. Locations where copies of the permit or permit revision application, the proposed permit, and all other materials available to the Director that are relevant to the permitdecision may be reviewed, including the closest Department office, and the times at which they shall be available for public inspection. 12. The Director shall include a statement in the public noticeif the permit or permit revision would result in the generation of emission reduction credits under R18-2-1204, or the utilization of emission reduction credits under R18-2- 1206. The Director 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 Director shall hold a public hearing only upon written request. If a public hearing is requested, the Director shall schedule the hearingand publish notice as described in A.R.S. § 49-444 and subsection (D). The Director shall give notice of any public hearing at least 30 days in advance of the hearing.At the time the Director publishes the first notice under subsection (C)(1), the applicant shall post a notice containing the information required in subsection (D) 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 locationunder 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 anadditional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is closed. The Director shall provide at least 30 days from the date of its first notice for public comment to receive comments and requests for a hearing. The Director shall keep a record of thecommenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final proposed permit is submitted to EPA, in the case of a Class I pennit, or a final decision is made, in the case of a Class II permit, the record and copies of the Director's responses shall be made available to the applicant and all commenters.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 1815, effectiveMarch 18, 2002 (Supp. 02-1). R18-2-330 has been corrected to include subsection (D)(12), which was omitted when the Section was amended in the 02-1 supplement (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended

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by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (supp. 12-2).

R18-2-331. Material Permit Conditions A. Forthe purposes of A.R.S. §§ 49-464(G) and 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 Director or a control officer after November 15, 1993. 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 requir•ement; b. A requirement to install, operate, or maintain a maximum achievable control technology or hazardous air pollutant reasonably available control technology required under Article 17 of this Chapter;

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 or Title I, Part C or p of the Act. 4. Violation of the condition is not covered by A.R.S. § 49- 464(A) through (F), or (H) through (J) or A.R.S. § 49- 514(A) through (F), or (H) through (J).B. For the pmposes of subsections (A)(3)(c), (d), and (e), a permit condition shall not be material where the failure to comply resulted from circumstances which were outside the control of the source. As used in this Section, "circumstances outside thecontrol of the source" shall mean circumstances where the violation resulted from a sudden and unavoidable breakdown ofthe process or the control equipment, resulted from unavoidable conditions during a start up or shut down or resulted fi•om upset of operations. C. For purposes of this Section, the term "emission standard" shall have the meaning specified in A.R.S. §§ 49-464(U) and 49-514(T).

Historical Note Adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 12 A.A.R. 1953, effective January

1, 2007 (Supp. 06-2).
R18-2-332. Stack Height LimitationA. 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: 1. Begun, or caused to begin, a continuous program of physical on-site construction of the stack; 2. Entered into building agreements or contractual obligations, which could not be cancelled 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 3. 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. B. GEP stack height is calculated as the greater of the following four numbers in subsections (1) through (4): 1. 213.25 feet (65 meters); 2. 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 CFR Parts 51 and 52 and R18-2-403, Hg = 2.5H; 3. For all other stacks, Hg = H+ 1.5L, whereHg = 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 local control agency may require the use of a field study or fluid model to verify GEP stack height for the source; or 4. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that theemissions 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; 5. For a specific structure or terrain feature, "nearby" shall be:

a. For purposes of applying the formulae in subsections (B)(2) and (3), 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 (1/2 mile). b. For conducting demonstrations under subsection (B)(4), means not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature maybe considered to be nearby which falls within a distance of up to 10 times the maximum height (H+) of the feature, not to exceed 2 miles if such feature achieved a height (H+) 0.8 km fi•om the stack. The height shall be at least 40% of the GEP stack height determined by the formula provided in subsection (B)(3), or 85 feet (26 meters), whichever is greater, as measured from the ground-level elevation at the base of the stack. 6. "Excessive concentrations" means, for the purpose of determining good engineering practice stack height under subsection (B)(4):a. For sources seeking credit for stack height exceeding that established under subsections (B)(2) and (3), 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 whichindividually 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 airquality standard. For sources subject to the requirements for permits or permit revisions under Article 4of this Chapter, 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 whichindividually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy efPects and greater than the applicable maximum allowable increase contained in R18-2-218. The allowable emission

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rate to be used in making demonstrations under subsection (13)(4) shall be prescribed by the new source performance standard which is applicable to thesource category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator; b. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subsections (13)(2) and (3), either: i. A maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects as provided in subsection (11)(6)(a), except that emission rate specified by any applicable SIP shall be used; or ii. The actual presence of a local nuisance caused by the existing stack, as determined by the Director; and c. For sources seeking credit after January 12, 1979, for a stack height determined under subsections (B)(2) and (3), where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit afterNovember 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, basedon the aerodynamic influence of structures not adequately represented by the equations in subsections(13)(2) and (3), 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 the absence of such downwash, wakes, or eddy effects. C. The degree of emission limitation required of any source after the respective date given in subsection (A) above 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. 

## [a 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 applieable maximum allowable increases under R18-2-218 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 fi•om modelling the source using the GEP stack height as determined herein and assuming the elevated terrain features to be equal in elevation to the GEP stack height. If this adjusted GEP stack height is greater than stack height the source proposes to use, the source's emission limitation and air quality impact shall be deteiYnined using the proposed stack height and the actual teiTain heights. E. Before the Director issues a permit or permit revision under this Article to a source based on a good engineering practice stack height that exceeds the height allowed by subsection (B), the Director shall notify the public of the availability of thedemonstration study and provide opportunity for a public hearing in accordance with the requirements of R18-1-402.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4).

R18-2-333. Acid Rain A. 40 CFR 72, 74, 75 and 76 and all accompanying appendices, adopted as of July 1, 2006, (and no future amendments) are incorporated by reference as applicable requirements. These standards are on file with the Department and shall be applied by the Department. These standards can be obtained from theU.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington D.C. 20402-9328. B. When used in 40 CFR 72, 74, 75 or 76, "Permitting Authority" means the Arizona Department of Environmental Quality and "Administrator" means the Administrator of the United States Environmental Protection Agency. C. If the provisions or requirements of the regulations incorporated in this Section conflict with any of the remaining portions of this Title, the regulations incorporated in this Section apply and take precedence.

Historical Note Adopted effective October 7, 1994 (Supp. 94-4). Amended effective December 7, 1995 (Supp. 95-4). Amended effective December 4, 1997 (Supp. 97-4). Amended by final rulemaking at 5 A.A.R. 3221, effectiveAugust 12,1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 4170, effective October 11, 2000 (Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at ] 0 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4).Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).

R18-2-334. Minor New Source Review A. Applicability. 1. Except as provided in subsection (A)(4), this Section shall apply to the following activities:

a. Construction of any new Class I or Class II source, including the construction of any source requiring a Class 1I permit under R18-2-302.01(C)(4); or b. Any minor NSR modification to a Class I or Class II

source.2. This Section shall apply to a regulated minor NSR pollutant emitted by a new stationary source, if the source will have the potential to emit that pollutant at an amountequal to or greater than the permitting exemption threshold. 3. This Section shall apply to an increase in emissions of aregulated 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 permitting exemption threshold.4. This Section shall not apply to the emissions of a pollutant from any of the activities identified in this subsection, if the emissions of that pollutant are subject to Article 4 of this Chapter. B. No person shall begin actual construction of a new stationary source, or minor NSR modification, subject to this Section without first obtaining a permit, a permit revision, a proposed final permit, or a proposed final permit revision from the Director in accordance with R18-2-304. C. The Director shall not issue a proposed final Class I permit or permit revision or a Class II permit or permit revision subject to this Section to a person proposing to construct a new sourceor make a minor NSR modification unless the source or modification meets one of the following conditions for each regulated minor NSR pollutant subject to this section: 1. The owner or operator elects to implement RACT.

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— Air Pollution Control

tions shall be included in subsequent permit renewals unless a complete permit application is received by the modified pursuant to this Section or Article 4 of this Chapter. Administrator for a permit required under 40 CFR K. The issuance of a permit or permit revision under this Section 52.21 or by the Director for a permit required under shall not relieve the owner or operator of the responsibility to the state implementation plan, whichever is earlier, comply fully with applicable provisions of the SIP and any except that the 10-year period shall not include any other requirements under local, state, or federal law. period earlier than November 15, 1990. L. Delayed Effective Date. This Section shall take effect on the i. The average rate shall include fugitive emiseffective date of the Administrator's action approving it as part sions to the extent quantifiable, and emissions of the state implementation plan. associated with startups, shutdowns, and malHistorical Note New Section made by final rulemaking at 18 A.A.R. functions. ii. The average rate shall be adjusted downward to
1542, effective August 7, 2012 (Supp. 12-2). exclude any non-compliant emissions that occurred while the source was operating above ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR any emission limitation that was legally SOURCES AND MAJOR MODIFICATIONS TO EXISTING enforceable during the consecutive 24-month

MAJOR SOURCES period. This provision applies to excess emisR18-2-401. Definitions sions associated with a malfunction.
The following definitions apply to this Article: iii. The average rate shall be adjusted downward to

1. "Adverse impact on visibility" means visibility impair- exclude any emissions that would have exceeded an emission limitation with which the ment that interferes with the management, protection, major source must currently comply, had such preservation, or enjoyment of the visitor's visual experi- major source been required to comply with ence of a Class I area, as determined according to R18-2- such limitations during the consecutive 24- 410. 2. "Baseline actual emissions" means the rate of emissions, month period. However, if an emission limitain tons per year, of a regulated NSR pollutant, as deter- tion is part of a maximum achievable control technology standard that the Administrator pro- mined in accordance with subsections (2)(a) through (c). posed or promulgated under 40 CFR 63, the a. For any existing electric utility steam generating baseline actual emissions need only be adjusted unit, baseline actual emissions means the average if the state of Arizona has taken credit for such rate, in tons per year, at which the unit actually emit- emissions reductions in an attainment demon- ted the pollutant during any consecutive 24-month stration or maintenance plan submitted to the period selected by the owner or operator within the Administrator pursuant to section 110(a)(1) of five-year period immediately preceding when the the Act. owner or operator begins actual construction of the iv. For a regulated NSR pollutant, when a project project. The Director shall allow the use of a differ- involves multiple emissions units, only one ent time period upon a determination that it is more consecutive 24-month period must be used to representative of normal source operation. i. The average rate shall include fugitive emis- determine the baseline actual emissions for all
sions to the extent quantifiable, and emissions existing emissions units affected by the project.
associated with startups, shutdowns, and mal- A different consecutive 24-month period may

functions. be used for each regulated NSR pollutant.

ii. The average rate shall be adjusted downward to V. The average rate shall not be based on any conexclude any non-compliant emissions that secutive 24-month period for which there is inadequate information for determining annual occun•ed while the source was operating above emissions, in tons per year, and for adjusting any emission limitation that was legally enforceable during the consecutive 24-month this amount if required by subsection (2)(b)(ii)
period. iii. For a regulated NSR pollutant, when a project or (iii).

C. For a new emissions unit, the baseline actual emisinvolves multiple emissions units, only one sions for purposes of determining the emissions
consecutive 24-month period must be used to increase that will result fi•om the initial construction

determine the baseline actual emissions for the and oper•ation of such unit shall equal zero; and
emissions units being changed. A different con- thereafter, for all other purposes, shall equal the
secutive 24-month period can be used for each unit's potential to emit. d. For a PAL for a stationary source, the baseline actual regulated NSR pollutant. iv. The average rate shall not be based on any con- emissions shall be calculated for existing electric
secutive 24-month period for which there is utility steam generating units in accordance with the
inadequate information for determining annual procedures in subsection (2)(a), for other existing
emissions, in tons per year, and for adjusting emissions units in accordance with the procedures
this amount if required by subsection (2)(a)(ii). contained in subsection (2)(b), and for new emisb. For any existing emissions unit (other than an elec- sions units in accordance with the procedures contric utility steam generating unit), baseline actual 3. tained in subsection (2)(c). "Basic design parameter" means: emissions means the average rate, in tons per year, at a. Except as provided in subsection (3)(c), for a pro- which the unit actually emitted the pollutant during cess unit at a steam electric generating facility, the any consecutive 24-month period selected by the owner or operator within the 10-year period immedi- owner or operator may select as its basic design
ately preceding either the date the owner or operator parameters either maximum hourly heat input and
begins actual construction of the project, or the date maximum hourly fuel consumption rate or maxiSupp. 12-2 Page 58 June 30, 2012ArizonaAdmfnistrative Code Title 18, Ch. 2
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mum hourly electric output rate and maximumsteam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on Btu content shall be used for determining the basic design parameters for a coal-fired electric utility steam generating unit. b. Except as provided in subsection (3)(c), the basic design parameters for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of materialinput, or maximum rate of product output. Combustion process units will typically use maximum rateof fuel input. For sources having multiple end products and raw materials, the owner or operator shouldconsider the primary product or primary raw material when selecting a basic design parameter.

c. If the owner or operator believes the basic design parameters in subsections (3)(a) and (b) are not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Director an alternative basic design parameters for the source's process unit. If the Director approves of the use of an alternative basic design parameters, theDirector shall issue a permit that is legally enforceable that records such basic design parameters and requires the owner or operator to comply with such parameters. d. The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, orengineering calculations, in establishing the magnitude of the basic design parameters specified in subsections (3)(a) and (b).

e. If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameters using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity. f. Efficiency of a process unit is not a basic design parameter. g. The replacement activity shall not cause the processunit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable. 4. "Complete" means, in reference to an application for a permit or permit revision, that the application contains all the information necessary for processing the application. "Dispersion technique" means any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following:

a. Using that portion of a stack that exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

C. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases fi•om several existing stacks into one stack; or other selective handling of exhaust gas streams that increases the exhaust gas plume rise. This shall not include any of the following: i. The reheating of a gas stream, following use of a pollution control system, for the purpose of retuming the gas to the temperature at which itwas originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with the merged gas streams; (2) After July 18, 1985, the merging is part of a change in operation at the facility thatincludes 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, the merging was part of a change in operation at the facility thatincluded 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 Department shall presume that merging was significantly motivated by an intent to gain ernissions credit forgreater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Department shall denycredit for the effects of the merging in calculating the allowable emissions for the

source.iii. Smoke management in agricultural or silvicultural prescribed burning programs.iv. Episodic restrictions on residential woodburning and open burning. v. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 6. "Existing emissions unit" is any emissions unit that is currently in existence and that is not a new emissions unit. A replacement unit is an existing emissions unit. 7. "High terrain" means any area having an elevation of 900 feet or more above the base of the stack of a source. 8. "Innovative control technology" means any system of airpollution 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 nonair quality environmental impacts. 9. "Low terrain" means any area other than high terrain. 10. "Lowest achievable emission rate" (LAER) means, for any source, the more stringent rate of emissions based on one of the following:a. The most stringent emissions limitation that is contained in any implementation plan approved or promulgated under sections 110 or 172 of the Act for the class or category of stationary source, unless the

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owner or operator of the proposed stationary source demonstrates that the limitation is not achievable; or b. The most stringent emissions limitation that isachieved in practice by the class or category of stationary source. This limitation, when applied to amodification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. The application of this term shall not permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standards of performance in Articles 9 and 11 of this Chapter. 11. "Major source" means: a. Any stationary source located in a nonattainment area that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant, except that the following thresholds shall apply in areas subject to subpart 2, subpart 3 or subpart 4 of part D, Title I of the Act:

Pollutant Emitted Nonattainment Quantity Threshold

Pollutant and tons/year or more Classification

Carbon Monoxide CO 3 Serious, if 50 (CO) stationary sources

contribute significantly to CO levels in the area as determined under rules issued by the Administrator

VOC VOC Ozone, Serious 50 PMIp Ozone, Severe 25 NO x PM I p, Serious 70 NO X Ozone, Serious 50

Ozone, Severe 25

b. 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 regulatedNSR pollutant if the source is classified as a Categorical Source, or 250 tons per year or more of anyregulated NSR pollutant if the source is not classified as a Categorical Source;

c. Any stationary source that emits, or has the potential to emit, five or more tons of lead per year; d. A major source that is major for VOC or nitrogen oxides shall be considered major for ozone; or

e. The fugitive emissions of a stationary source shallnot be included in determining for any of the purposes of this Section whether it is a major stationary source, unless the source belongs to a section 3020) category. 12. "New emissions unit" means any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emissions unit first operated. 13. "Plantwide applicability limitation" or "PAL" means an emission limitation that is based on the baseline actual emissions of all emissions units at the stationary source that emit or have the potential to emit the PAL pollutant, expressed in tons per year, for a pollutant at a majorsource, that is enforceable as a practical matter and established source-wide in accordance with this Section. 14. "PAL allowable emissions" means "allowable emissions"as defined in R18-2-101, except that the allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 15. PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 16. "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later. 17. "PAL major modification" means any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 18. "PAL permit" means the pennit issued by the Director that establishes a PAL for a major source. 19. "PAL pollutant" means the pollutant for which a PAL is established at a major source. 20. "Projected actual emissions" means:

a. The maximum annual rate, in tons per year, at whichan existing emissions unit is projected to emit a regulated NSR pollutant during any 12-month period in the 60 calendar months following the date the unit resumes regular operation after the project, or in any12-month period in the 120 calendar months following that date if the project involves increasing the design capacity or potential to emit of any emissionsunit for that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major source. b. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major source: i. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the county,state or federal regulatory authorities, and compliance plans under these regulations; and ii. Shall include fugitive emissions to the extent quantifiable; iii. Shall include emissions associated with startups and shutdowns, except emissions from a shutdown associated with a malfunction; and iv. Shall exclude, only for calculating any increase in emissions that results from the particularproject, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24- month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

C. In lieu of using the method set out subsections (20)(b)(i) through (iv), the owner or operator may elect to use the emissions unit's potential to emit, in tons per year. 21. "Reconstruction" of sources located in nonattainment areas 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 stationaiy

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source, as determined in accordance with the provisions of 40 CFR 60.15(f)(1) through (3). 22. "Replacement unit" means an emissions unit for which all the criteria listed in subsections (22)(a) through (d) are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

a. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissionsunit completely takes the place of an existing emissions unit. b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

c. The replacement does not alter the basic design parameters of the process unit. d. The replaced emissions unit is permanently removedfrom the major source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If thereplaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 23 "Resource recovery project" means 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. Only energy conversion facilities that utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project under this Article. 24 "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.25. "Significance levels" means the following ambient concentrations for the enumerated pollutants:

Averaging Time

Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour
S02 1 μ g/ m 3 5 pg/m 3 25 μg/m 3
NOZ I μg/m 3

CO 0.5 mg/m 3 2 mg/m 3
PM10 1 μg/m 3 5 μg/m 3
PM2 5 0.06 gg/m 0.07 μghn Class I area PMz s 0.3 μg/m 1.2 μg/m Class I1 area

PMZ 5 

## 1 0.3 pg/m 1.2 μg/m Class III area

Except for the annual pollutant concentrations, the Department shall deem that exceedance of significance levels has occurred when the ambient concentration of the above pollutant is exceeded more than once per year at any one location. If the concentration occurs at a specific location and at a time when Arizona ambientair quality standards for the pollutant are not violated, the significance level does not apply.

26. "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in anamount less than the significant level for that PAL pollutant.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-401 renumbered without change as Section R18-2- 401 (Supp. 87-3). Section R18-2-401 renumbered to R18- 2-601. New Section R18-2-401 adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Typographical error corrected in R18-2- 401(9)(a) (Supp. 00-4): Amended by final rulemaking at 13 A.A.R.1134, effective May 5, 2007 (Supp. 07-1).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-402. General A. The preconstruction review requirements of this Article shall apply to the construction of any new major source or any project at an existing major source. B. The requirements of R18-2-403 through R18-2-410 apply to the construction of a major source or a major modification of any existing stationary source, except as this Article otherwise provides. C. No person shall begin actual construction of a new major source or a major modification subject to the requirements ofR18-2-403 through R18-2-410 without first obtaining a proposed final permit from the Director, pursuant to R18-2- 307(A)(2), stating that the major source or major modification shall meet those requirements. D. The requirements of this Article apply to projects at major sources in accordance with the following principles. 1. Except as otherwise provided in subsection (E), a project is a major modification for a regulated NSR pollutant if itcauses both a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. 2. The procedure for calculating before beginning actual construction whether a significant emissions increase will occur depends upon the types of emissions units being modified as set forth in subsections (D)(3) through (6). The procedure for calculating before beginning actual construction whether a significant net emissions increase will occur at the major source is set forth in the definition of net emissions increase in R18-2-101. Regardless ofany such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. 3. Actual -to-proj ected-actual applicability test for projects that only involve existing emissions units. A significantemissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between theprojected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant. 4. Actual-to-potential applicability test for projects that only involve new emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. 5. [Reserved.] 6. Hybrid applicability test for projects that involve bothnew emissions units and existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in

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subsection (13)(4), as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant. Any major source with a PAL for a regulated NSR pollutant shall comply with R18-2-412.This subsection applies with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationaiy source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of subsection (F)(6) of this Section, that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant and the owner or operator elects to use the method specified in R18-2- 401(20)(b)(i) through (iv) of the definition of projected actual emissions for calculating projected actual emissions. 1. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

a. A description of the project; b. Identification of the emissions unit(s) with emissions of a regulated NSR pollutant that could be affected by the project;

c. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under R18-2- 401(20)(b)(iii) of the definition of projected actual emissions and an explanation for why such amount was excluded; and d. Any netting calculations, if applicable. 2. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out subsection (F)(1) to the Director. Nothing in this subsection shall be construed to require the owner or operator of such a unit to obtain any deter

- mination from the Director before beginning actual construction. 3. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result ofthe projeet and that is emitted by any emissions unit identified in subsection (F)(1)(b); and calculate and maintaina record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for aperiod of 10 years following resumption of regular operations after the change if the project increases the designcapacity or potential to emit of that regulated NSR pollutant at such emissions unit. For purposes of this subsection, fugitive emissions (to the extent quantifiable) shall be monitored if the emissions unit is part of a section 302(j) category or if the emissions unit is located at a major stationary source that belongs to a section 302(j) category.4. The owner or operator shall submit a report to the Director if for a calendar year the annual emissions, in tons per year, from the project identified in subsection (F)(1)(a)exceed the sum of the baseline actual emissions, as documented and maintained under subsection (F)(l)(c), by a significant amount for that regulated NSR pollutant, and if the emissions differ from the preconstruction projection as documented and maintained under subsection (F)(1)(c). The owner or operator shall submit the report to the Director within 60 days after the end of the calendar year. The i•eport shall contain the following: a. The name, address and telephone number of the major source; b. The annual emissions as calculated pursuant to subsection (F)(3); and

c. Any other information that the owner or operatorwishes to include in the report, such as an explanation as to why the emissions differ from the preconstruction projection. 5. Notwithstanding subsection (F)(4), if any existing emissions unit identified in subsection (F)(1)(b) is an electric utility steam generating unit, the owner or operator shall submit a report to the Director within 60 days after the end of each calendar year during which the owner or operator must generate records under subsection (F)(3). The report shall document the unit's post-project annualemissions during the calendar year that preceded submission of the report. 6. A"reasonable possibility" under subsection (F) occurs when the owner or operator calculates the project to result in one of the following:

a. A projected actual emissions increase of at least 50% of the amount that is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. b. A projected actual emissions increase that, added to the amount of emissions excluded under subsection R18-2-401(20)(b)(iv) of the definition of projected actual emissions, sums to at least 50% of the amountthat is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of subsection (17)(6)(b), and not also within the meaning of subsection (F)(6)(a), subsections (F)(2) through (5) do not apply to the project.G. An application for a permit or permit revision under this Article, other than a PAL permit pursuant to R18-2-412, shall not be considered complete unless the application demonstrates that: 1. The requirements in subsection (H) are met;2. The more stringent of the applicable new source performance standards in Article 9 of this Chapter or the existing source performance standards in Article 7 of this Chapter are applied to the proposed new major source or major modification of a major source; 3. The visibility requirements contained in R18-2-410 are satisfied; 4. All applicable provisions of Article 3 of this Chapter are met; 5. The new major source or major modification will be in compliance with whatever emission limitation, design, equipment, work practice or operational standard, orcombination thereof is applicable to the source or modification. The degree of emission limitation required for control of any pollutant under this Article shall not be affected in any manner by:

a. Stack height in excess of GEP stack height except as provided in R18-2-332; or b. Any other dispersion technique, unless implemented prior to December 31, 1970; 6. The new major source or major modification will notexceed the applicable standards for hazardous air pollutants contained in this Chapter; E.

F.

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7. The new major source or major modification will not exceed the limitations, if applicable, on emission from nonpoint som•ces contained in Article 6 of this Chapter; 8. A stationary source that will emit five or more tons oflead per year will not violate the ambient air quality standards for lead contained in R18-2-206; 9. The new major source or major modification will not have an adverse impact on visibility, as determined according to R18-2-410. H. Except for assessing air quality impacts within Class I areas, the air impact analysis required to be conducted as part of apermit application shall initially consider only the geographical area located within a 50 kilometer radius from the point ofgreatest emissions for the new major source or major modification. The Director, 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 pertnit revision writtennotice 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, the person applying for the permit or permit revision may use monitoringor 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 demonsh•ation. I. Unless the requirement has been satisfied pursuant to Article 3 of this Chapter, the Director shall comply with following requirements: 1. Within 60 days after receipt of an application for a permit or permit revision subject to this Article, or any addition to such application, the Director shall advise the applicant of any deficiency. The date of receipt of the application shall be, for the purpose of this Section, the date on which the Director received all required information. The permit application shall not be deemed complete if the Director fails to meet the requirements of this subsection. 2. A copy of any notice required by R18-2-330 shall be sent to the permit applicant, to the Administrator, and to the following officials and agencies having cognizance over the location where the proposed major source or major modification would occur:

a. The air pollution control officer, if one exists, for the county wherein the proposed or existing source thatis the subject of the permit or permit revision application is located; b. The county manager 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 ofwhich are within 5 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. 3. The Director shall take final action on the application within one year of the proper filing of the completed application. The Director shall notify the applicant in writing of his approval or denial. 4. The authority to construct and operate a new major source or major modifieation under a permit or permit revision issued under this Article shall terminate if theowner or operator does not commence the proposed construction or major modification within 18 months of issuance or if, during the construction or major modification, the owner or operator suspends work for more than 18 months. The Director may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period betweenconstruction of the approved phases of a phased construction project; each phase must commence constructionwithin 18 months of the projected and approved commencement date.

Historical Note Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-402 repealed, new Section R9-3-402 adopted effective May 14, 1979 (Supp. 79-1). Amended and adopted by reference Open Burning Guidelines for Air Pollution Control effective September 22, 1983 (Supp. 83-5). Former Section R9-3-402 renumberedwithout change as Section R18-2-402 (Supp. 87-3). Section R18-2-402 renumbered to R18-2-602, new Section R18-2-402 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-403. Permits for Sources Located in Nonattainment Areas A. Except as provided in subsections (C) through (G) below, no permit or permit revision shall be issued under this Article to a person proposing to construct a new major source or make a major modification that is major for the pollutant for which the area is designated nonattainment unless: 1. 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 regulated NSR pollutant. 2. The person demonstrates that all existing major sourcesowned or operated by that person (or any entity controlling, controlled by, or under common control with thatperson) in the state are in compliance with, or 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 this Chapter. 3. 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 requirements of R18-2-404. B. No permit or perinit revision under this Article shall be issued to a person proposing to construct a new major source or makea major modification to a major source located in a nonattainment area unless: 1. The person perforrns an analysis of alternative sites, sizes, production processes, and environmental controltechniques for such new major source or major modification; and 2. The Director determines that the analysis demonstratesthat the benefits of the new major source or major modification significantly outweigh the environmental andsocial costs imposed as a result of its location, construction, or modification.

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C. 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 establishedafter August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as restriction on hours of operation, then the requirements of this Section shall apply to the source or modification as though construction had not yet commenced on the source or modification. La Secondary emissions shall not be considered in determiningthe 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 Section on the basis of its direct emissions, a permit or permit revision under this Article to construct the new source or modification shall be denied unless the requirements of R18-2-403(A)(3) and R18-2-404 are met for reasonably quantifiable secondary emissions caused by the new source or modification. E. A permit to construct a new major source or major modification shall be denied unless the conditions specified in subsections (A)(1), (2), and (3) 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 incalculating the potential emissions of the source or modification, and the source does not belong to a section 302(j) category. F. The requirements of subsection (A)(3) 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 operatefor no more than 24 months in the nonattainment area, are otherwise in compliance with the requirement to obtain a permit under this Chapter and are in compliance with the conditions of that permit. G. A decrease in actual emissions shall be considered in determining the potential of a new source or modification to emitonly to the extent that the Director has not relied on it in issuing any permit or permit revision under this Article or the state has not relied on it in demonstrating attainment or reasonable further progress.0 Within 30 days of the issuance of any permit under this Section, the Director shall submit control technology information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act. I. The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

Historical Note Former Section R9-3-403 repealed, new Section R9-3- 403 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-403 renumbered without change as Section R18-2-403 (Supp. 87-3). Section R18-2-403 renumbered to R18-2-603, new Section R18-2-403 adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

R18-2-404. Offset Standards A. Increased emissions by a major source or major modification subject to R18-2-403 shall be offset by real reductions in the actual emissions of each pollutant for which the area has beendesignated as nonattainment and for which the source or modification is classified as major. Except as provided in R18-2- 405, emissions increases shall be offset by decreases at a ratio of at least 1 to 1. B. Except as provided in subsection (13)(1) or (2), for sources andmodifications subject to this Section, the baseline for determining credit for emissions reductions is the emissions limit for the source generating the offset credit under the applicable implementation plan in effect at the time the application for a permit or permit revision is filed. 1. The offset baseline shall be the actual emissions of the source from which offset credit is obtained where either of the following conditions is satisfied:

a. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review program was adopted. b. The applicable implementation plan does not contain an emissions limitation for that source or source category.2. Where the emissions limit under the applicable implementation plan allows greater emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below this potential. C. For an existing fuel combustion source, emissions offset credit shall be based on the allowable emissions under the applicable implementation plan for the type of fuel being burned at the time the application to construct is filed. If the existing sourcecommits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable or actual emissions for the fuels involved is not acceptable, unless the permit forthe existing source is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a fuel generating higher emissions. The owner or operator of the existing source must demonstrate that adequate long-termsupplies of the new fuel are available before granting emissions offset credit for fuel switches. 1a Offset Credit for Shutdowns.1. Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be credited for offsets if they meet both of the following conditions.

a. The reductions are surplus, permanent, quantifiable, and federally enforceable. b. The shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this subsection, the Director may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes theemissions from such previously shutdown or curtailed emission units. However, in no event may credit be given for shutdowns that occurred before August 7, 1977.2. Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in subsection (D)(1)(b) may be credited only if one of the following conditions is satisfied:

a. The shutdown or curtailment occurred on or after the date the construction permit application is filed. b. The applicant can establish that the proposed new emissions unit is a replacement for the shutdown orcurtailed emissions unit, and the emissions reducSupp. 12-2 Page 64 June 30, 2012tions achieved by the shutdown or curtailment met the requirements of subsection (D)(1)(a).E. No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds," 42 FR 35314 (July 8, 1977).F. All emission reductions claimed as offset credits shall be federally enforceable by the time a permit is issued to the owner 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 operation. G. The owner or operator of a major source or major modification subject to this Section must obtain offset credits from the same source or from other sources in the same nonattainment area, except that the Director may allow the owner or operator to obtain offset credits fi•om another nonattainment area if both of the following conditions are satisfied: 1. The other area has an equal or higher nonattainment classification than the area in which the source is located. 2. Emissions from such other area contribute to a violationof the national ambient air quality standard in the nonattainment area in which the source is located. H. Credit for an emissions reduction can be claimed to the extent that the Director has not relied on it in issuing any permitunder this Article or the state has not relied on it in a demonstration of attainment or reasonable further progress. I. 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. J. 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 to 1. In ozone nonattainment areas classified as moderate, total emissions of VOC and oxides of nitrogen from other sources shall offset E. those proposed or permitted from the major source or major modification by a ratio of at least 1.15 to 1. New major sourcesand major modifications in serious and severe ozone nonattainment areas shall comply with this Section and R18-2-405.

Historical Note Former Section R9-3-404 repealed, new Section R9-3- 404 adopted effective May 14, 1979 (Supp. 79-1). Amended by adding subsection (C) effective September22, 1983 (Supp. 83-5). Former Section R9-3-404 renumbered without change as Section R18-2-404 (Supp. 87-3). Amended subsection (C) effective December 1, 1988 (Supp. 88-4). Section R18-2-404 renumbered to R18-2- 604, new Section R18-2-404 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 1815, effectiveMarch 18, 2002 (Supp. 02-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).
R18-2-405. Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or SevereA. 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 S.

C.

1

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F. ArizonnArdnunistrative Corle Title 18, Ch. 2
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provided in this Section, ali requirements of Articles 3 and 4 of this Chapter apply. "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 majorunder 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. 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 changeshall constitute a major modification but BACT shall be substituted for LAER when applying R18-2-403(A)(1) to the major modification. 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 significantincrease 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, fi•om 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.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.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, effectiveSeptember 22, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

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B.

N

Q

E. R18-2-406. Permit Requirements for Sources Located in Attainment and Unclassifiable Areas A. Except as provided in subsections (B) through (G) below andR18-2-408 (Innovative control technology), no permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a major modification to a major source that would be constructed in anarea designated as attainment or unclassifiable for any regulated NSR pollutant unless the source or modification meets the following conditions: 1. A new major source shall apply best available control technology (BACT) for each regulated NSR pollutant for which the potential to emit is significant. 2. A major modification shall apply BACT for each regulated NSR pollutant for which the project 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 change in the method of operation in the unit. 3. For phased construction projects, the determination of 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 BACT for the source. 4. 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. Inno event shall such application of BACT result in emissions of any pollutant, which would exceed the emissionsallowed by any applicable new source performance standard or national emission standard for hazardous air pollutants under Articles 9 and 11 of this Chapter or by theapplicable implementation plan. If the Director determines that technological or economic limitations on the application of ineasurement methodology to a particularemissions 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 thedegree 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. 5. The person applying for the permit or permit revision under this Article performs an air impact analysis and monitoring as specified in R18-2-407, and such analysis demonstrates that allowable emission increases from the proposed new major source or major modification, in conjunction with all other applicable emission increasesor reductions, including secondary emissions, for all pollutants listed in R18-2-218(A), and including minor and mobile source emissions of nitrogen oxides and PMIO: a. Would not cause or contribute to concentrations ofconventional air pollutants in violation of any ambient air quality standard in Article 2 of this Chapter inany air quality control region or any applicable maximum allowable increase under R18-2-218 over thebaseline concentration for any attainment or unclassified area; or b. Would not contribute to an increase in ambient concentrations for a pollutant by an amount in excess ofthe significance level for such pollutant in any adjacent area in which Arizona primary or secondary ambient air quality standards for that poilutant are being violated. A new major source of volatile organic compounds or nitrogen oxides, or a major modification to a major source of volatile organic compounds or nitrogen oxides shall be presumed to contribute to violations of the Arizona ambient air quality standards for ozone if it will be located within 50 kilometers of a nonattainment area for ozone. The presumption may be rebutted for a newmajor source or major modification if it can be satisfactorily demonstrated to the Director that emissions of volatile organic compounds or nitrogen oxides firom the new major source or major modificationwill not contribute to violations of the Arizona ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a demonstration shallinclude 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 volatile organic compounds emitted from the source are not expected to contribute to violations of the ozone standards

. in the adjacent nonattainment areas. 6. Air quality models:

a. All estimates of ambient concentrations required under this Section shall be based on the applicableair quality models, data basis, and other requirements specified in 40 CFR 51, Appendix W, "Guideline On Air Quality Models," as of July 1, 2011 (and no future amendments or editions), which shall be referred to hereinafter as "Guideline" and is adopted by reference and is on file with the Department. b. Where an air quality impact model specified in the "Guideline" is not applicable, the model may be modified or another model substituted. Such a change shall be subject to notice and opportunity for public comment. Written approval of the EPA Administrator shall be obtained for any modification or substitution. 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 Article demonstrates that, as to thatpollutant, the source or modification is located in an area designated as nonattainment for the pollutant. The requirements of this Section shall not apply to a newmajor source or a major modification if such source or modification would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are considered incalculating the potential emissions of the source or modification, and the source 1980 does not belong to a section 3020) category. The requirements of this Section shall not apply to a new major source or major modification to a source when theowner of such source is a nonprofit health or educational institution. 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 willoperate for no more than 24 months, is under a peimit or permit revision under this Article, is in compliance with the conditions of that permit or permit revision under this Article, the emissions from the source will not impact a Class I area nor an

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area where an applicable increment is known to be violated,and reasonable notice is given to the Director 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 Director not less than 10 calendar days in advance of the proposed relocation unless a different time duration is previously approved by the Director. F. Special rules applicable to Federal Land Managers: 1. Notwithstanding any other provision of this Section, a Federal Land Manager may present to the Director a demonstration that the emissions attributed to such new major source or major modification to a source would have an adverse impact on visibility or other specificallydefined air quality related values of any Federal Mandatory area designated in R18-2-217(B) regardless of thefact 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 the area in R18-2-218, If the Director concurs with such demonstrations, the permit or permit revision under this Article shall be denied. 2. If the owner or operator of a proposed new major som•ce or a source for which major modification is proposeddemonstrates 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 Director, the Director may issue a permit or permit revision under this Article, notwithstanding thefact 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 Article 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 causeincreases in ambient concentrations greater than the following maximum allowable increases over baseline concentrations for such pollutants:

Pollutant Maximum

allowable increase (micrograms per cubic meter)

PM2.5

: Annual arithmetic mean 4
24-hr maximum 9

PM 10 :
Annual arithmetic mean 17
24-hr maximum 30
Sulfur dioxide:

Annual arithmetic mean 20
24-hr maximum 91
3-hr maximum 325 Nitrogen dioxide

Annual arithmetic mean 25

G. The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law. H. 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 establishedafter 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 Section shall apply to the source or modification as though construction had not yet commenced on the source or modification.

Historical NoteFormer Section R9-3-405, renumbered effective September 17, 1975 (Supp. 75-1). Former Section R9-3-406 repealed, new Section R9-3-406 adopted effective May14, 1979 (Supp. 79-1). Former Section R9-3-406 renumbered without change as Section R18-2-406 (Supp. 87-3).Section R18-2-406 renumbered to R18-2-606, new Section R18-2-406 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995(Supp. 95-1). The references to R18-2-101(97)(a) in subsection (A)(1) and (2) amended to reference R18-2- 101(104)(a) (Supp. 99-3). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06- 2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-407. Air Quality Impact Analysis and Monitoring RequirementsA. Any application for a permit or permit revision under this Article to construct a new major source or major modification to a major source shall contain an analysis of ambient air quality in the area that the new major source or major modification would affect for each of the following pollutants: 1. For the new source, each pollutant that it would have the potential to emit in a significant amount; 2. For the modification, each pollutant for which it would result in a significant net emissions increase.B. With respect to any such pollutant for which no Arizona ambient air quality standard exists, the analysis shall contain all air qualiry monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of the pollutant would affect. C. With respect to any such pollutant (other than nonmethanehydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of thatpollutant would cause or contribute to a violation of the standard or any maximum allowable increase. D. 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 Director determines that a complete and adequate analysis can be accomplished with 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.E. The owner or operator of a proposed stationary source or modification to a source of volatile organic compounds who satisfies all conditions of 40 CFR 51, Appendix S, Section IV, mayprovide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under subsections (B), (C), and (D) above. F. Post-construction monitoring. 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 Director determines is necessary to determine the effect

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emissions from the new source or modification may have, or are having, on air quality in any area. Operations of monitoring stations. The owner or operator of a new major source or major modification shall meet the requirements of 40 CFR 58, Appendix B, during the operation of monitoring stations for purposes of satisfying subsections (B) through (F) above. The requirements of subsections (B) through (G) above shall not apply to a new major source or major modification to anexisting source with respect to monitoring for a particular pollutant if: 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:

a. Carbon Monoxide - 575 μg/m 3 , eight-hour average; b. Nitrogen dioxide - 14 gg/m 3 , annual average;

c. PMZ 5 — 4 μg/m 3 , 24-hour average; d. PM 1 p - 10 μg/m 3

, 24-hour average;

e. Sulfur dioxide - 13 μg/m 3 , 24-hour average; f. Lead - 0.1 μg/m 3 , 24-hour average;
g. Fluorides - 0.25 μg/m 3 , 24-hour average; h. Total reduced sulfur - 10 μg/m 3 , one-hour average; i. Hydrogen sulfide - 0.04 μg/m 3 , one-hour average; j. Reduced sulfur compounds - 10 gg/m 3 , one-hour
average; k. Ozone - increased emissions of less than 100 tons per year of volatile organic compounds or oxides of nitrogen; or 2. The concentrations of the pollutant in the area that the new source or modification would affect are less than the concentrations listed in subsection (H)(1) above.Any application for permit or permit revision under this Article to construct a new major source or major modification to a source shall contain: 1. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new source ormodification and general commercial, residential, industrial, and other growth associated with the new source or modification. The applicant need not provide an analysisof the impact on vegetation having no significant commercial or recreational value. 2. An analysis of the air quality impact. projected for thearea as a result of general commercial, residential, industrial, and other growth associated with the new source or modification.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-407 renumbered without change as Section R18-2-407 (Supp. 87-3). Section R18-2-407 renumbered to R18-2-607, new Section R18-2-407 adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

R18-2-408. Innovative Control Technology A. Notwithstanding the provisions of R18-2-406(A)(1) through (3), the owner or operator of a proposed new major source or major modification may request that the Director approve a system of innovative control technology rather than the bestavailable control technology requirements otherwise applicable to the new source or modification. B. The Director shall approve the installation of a system of innovative control technology if the following conditions are met:1. 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;2. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under R18-2-406(A)(2) by a datespecified in the permit or penmit revision under this Article 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 Article; 3. The source or modification would meet requirementsequivalent to those in R18-2-406(A) 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 Article. 4. Before the date specified in the permit or permit revision under this Article, the source or modification would not:

a. Cause or contribute to any violation of an applicable state ambient air quality standard; or b. Impact any area where an applicable increment is known to be violated. 5. All other applicable requirements including those for public participation have been met. 6. The Director receives the consent of the governors of other affected states. 7. The limits on pollutants contained in R18-2-218 for Class I areas will be met for all periods during the life of the source or modification. C. The Director shall withdraw any approval to employ a system of innovative control technology made under this Section if: 1. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate;

or 2. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 3. The Director 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. D. If the new source or major modification fails to meet the required level of continuous emissions reduction within thespecified time period, or if the approval is withdrawn in accordance with subsection (C) above, the Director may allow theowner or operator of the source or modification up to an additional three years to meet the requirement for the applicationof best available control technology through use of a demonstrated system of control.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-408 renumbered without change as Section R18-2- 408 (Supp. 87-3). Section R18-2-408 renumbered to R18-2-608, new Section R18-2-408 adopted effective November 15, 1993 (Supp. 93-4).
R18-2-409. Air Quality Models A. Where the Director requires a person requesting a permit or permit revision under this Article to perform air quality impact modeling to obtain such permit or permit revision under thisArticle, the modeling shall be performed in a manner consistent with the Guideline specified in R18-2-406(A)(6)(a). B. Where the person requesting a permit or permit revision under this Article 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 G.



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modification or substitution can occur, the Director shall make a written finding that: 1. No model in the Guideline is appropriate for a particularpermit or permit revision under this Article under consideration, or 2. The data base required for the appropriate model in the Guideline is not available, and 3. 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 4. The model proposed as a substitute or modification has been approved by the Administrator. C. The substitution or modification of an air quality model under this Section shall be included in the public notice under R18-2- 330(C).

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-409 renumbered without change as Section R18-2-409 (Supp. 87-3). Section R18-2-409 renumbered to R18-2-609, new Section R18-2-409 adopted effective

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

R18-2-410. Visibility Protection A. For any new major source or major modification subject to the provisions of this Chapter, no permit or permit revision under this Article shall be issued to a person proposing to construct or modify the source unless the applicant has provided: 1. 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 2. Results of monitoring of visibility in any area near the proposed source for such purposes and by such means as the Director determines is necessary and appropriate. B. A determination of an adverse impact on visibility shall be made based on consideration of all of the following factors: 1. The times of visitor use of the area; 2. The fi•equency and timing of natural conditions in the area that reduce visibility; 3. All of the following visibility impairment characteristics:.

a. Geographic extent, b. Intensity,

c. Duration, d. Frequency,

e. Time of day;4. The correlation between the characteristics listed in subsection (13)(3) and the factors described in subsections (13)(1) and (2).C. The Director shall not issue a permit or permit revision pursuant to this Article or Article 3 of this Chapter for any new major source or major modification subject to this Chapter unless the following requirements have been met:l. The Director shall notify the individuals identified in subsection (C)(2) within 30 days of receipt of any advanee notification of any such permit or permit revision under this Article. 2. Within 30 days of receipt of an application for a permit or permit revision under this Article for a source whose emissions may affect a Class I area, the Director shallprovide written notification of the application to the Federal Land Manager and the federal official charged with direct responsibility for management of any lands within any such area. The notice shall:a. Include a copy of all information relevant to the permit or permit revision under this Article, b. 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

c. Provide for no less than a 30-day period within which written comments may be submitted. 3. The Director shall consider any analysis provided by theFederal Land Manager that is received within the comment period provided in subsection (C)(2).

a. Where the Director finds that the analysis provided by the Federal Land Manager does not demonstrate to the satisfaction of the Director that an adverseimpact on visibility will result in the area, the Director shall, within the public notice required under R18-2-330, either explain the decision or specify where the explanation can be obtained. b. When the Director finds that the analysis provided by the Federal Land Manager demonstrates to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall not issue a permit or permit revision under this Articlefor the proposed major new source or major modification. 4. When the proposed permit decision is made, pursuant toR18-2-304(J), and available for public review, the Director shall provide the individuals identified in subsection (C)(2) with a copy of the proposed permit decision andshall make available to them any materials used in making that determination.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-410 renumbered without change as Section R18-2-410 (Supp. 87-3). Section R18-2-410 renumbered to R18-2-610, new Section R18-2-410 adopted efPective

November 15, 1993 (Supp. 93-4).
R18-2-411. Repealed

Historical NoteAdopted effective November 15, 1993 (Supp. 93-4). Section repealed by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-412. PALs A. Applicability.l. The Director may approve the use of a PAL for any existing major source if the PAL meets the requirements of this Section.2. Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this Section, and complies with the PAL permit:

a. Is not a major modification for the PAL pollutant, b. Does not have to be approved through the PSD program, and

c. Is not subject to the provisions in R18-2-403(C) or R18-2-406(H). 3. Except as provided under subsection (A)(2)(c), a majorstationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.B. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major source shall submit the following information to the Director for approval :

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1. A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit. 2. Calculations of the baseline actual emissions (with supporting documentation). 3. The calculation procedures that the major source owneror operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subsection (L)(1). C General requirements for establishing PALs. 1. The Director is allowed to establish a PAL at a major source, provided that at a minimum, the following requirements are met:

a. The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major source owner or operator shall show that the sum of the monthly emissions fi•om each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month sum, rolled monthly). For each month during the first 11 months from thePAL effective date, the major source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. b. The PAL shall be established in a PAL permit that meets the requirements in subsection (D).

c. The PAL permit shall contain all the requirements of subsection (F). d. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major source.

e. Each PAL shall regulate emissions of only one pollutant. f. Each PAL shall have a PAL effective period of 10
years. g. The owner or operator of the major source with aPAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections (K) through (M) for each emissions unit under the PAL through the PAL effective period. 2. At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur duringthe PAL effective period creditable as decreases for purposes of offsets under R18-2-404 unless the level of thePAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. II Action on PAL permit application. A PAL permit application shall be processed in accordance with one of the following: 1. As an initial Class I permit pursuant to R18-2-304. 2. As a renewal of a Class I permit pursuant to R18-2-322. 3. As a significant revision to a Class I permit pursuant to R18-2-320. E. Setting the 10-year actuals PAL level. 1. Except as provided in subsection (E)(2), the PAL level fora major source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant. When establishing the PAL level, only one consecutive 24- month period must be used to determine the baselineactual emissions for all existing emissions units. However, a different consecutive 24-month period may beused for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Director shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Director is aware of prior to issuance of the PAL permit. For instance, if thesource owner or operator will be required to reduce emissions fi•om industrial boilers in half from baseline emissions of 60 ppm NO X to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).2. For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subsection (E)(1), the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. Contents of the PAL permit. The PAL permit must contain, at a minimum, the following information: 1. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 2. The PAL permit effective date and the expiration date of the PAL (PAL effective period). 3. Specification in the PAL permit that if a major source owner or operator applies to renew a PAL in accordance with subsection (I) before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Director. 4. A requirement that emission calculations for compliancepurposes must include emissions from startups, shutdowns, and malfunctions. 5. A requirement that, once the PAL expires, the major source is subject to the requirements of subsection (H). 6. The calculation procedures that the major source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by subsection (L)(1). 7. A requirement that the major source owner or operatormonitor all emissions units in accordance with the provisions under subsection (K). 8. A requirement to retain the records required under subsection (L) onsite. Such records may be retained in an electronic fonnat. 9. A requirement to submit the reports required under subsection (M) by the required deadlines. 10. Any other requirements that the Director deems necessary to implement and enforce the PAL. PAL effective period and reopening of the PAL permit. 1. PAL effective period. The Director shall specify a PAL effective period of 10 years. 2. Reopening of the PAL permit. a. During the PAL effective period, the Director must reopen the PAL permit to: i. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate F.

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determination of emissions used to establish the PAL, ii. Reduce the PAL if the owner or operator of the major source creates creditable emissions reductions for use as offsets under R18-2-404, and iii. Revise the PAL to reflect an increase in the PAL as provided under subsection (J). b. The Director shall have discretion to reopen the PAL permit for the following: i. Reduce the PAL to reflect new federal applicable requirements with compliance dates after the PAL effective date; ii. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the state may impose on the major source under the State Implementation Plan; and iii. Reduce the PAL if the Director determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified fora Federal Class I area by a Federal Land Manager and for which information is available to the general public. c. Except for the permit reopening in subsection(G)(2)(a)(i) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordancewith the public participation requirements of subsection (D).H. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in subsection (I) shall expire at theend of the PAL effective period, and the following requirements shall apply. 1. Each emissions unit (or each group of emissions units)that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures.

a. Within the time-frame specified for PAL renewals in subsection (I)(2), the major source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, ifsuch a distribution is more appropriate) by distributing the PAL allowable emissions for the major source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as would be required under subsection (I)(5), such distribution shall be made as if the PAL had been adjusted. b. The Director shall decide how the PAL allowableemissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Director determines is appropriate. 2. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Director may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation. 3. Until the Director issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subsection (H)(1)(b), the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 4. Any physical change or change in the method of operation at the major source will be subject to the applicability criteria set forth at subsection (C). 5. The major source owner or operator shall continue to comply with any applicable requirements that may haveapplied during the PAL effective period. Emission limitations that were eliminated by the PAL in accordance with subsection (A)(2)(c) shall not be reinstated. I. Renewal of a PAL.1. The Director shall follow the procedures specified in subsection (F) in approving any request to renew a PAL for a major source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Director. 2. Application deadline. A major source owner or operator shall submit a timely application to the Director to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 3. Application requirements. The application to renew a PAL permit shall contain the following information.

a. The information required in subsections (13)(1) through (3). b. A proposed PAL level.

c. The sum of the potential to emit of all emissionsunits under the PAL (with supporting documentation). d. Any other information the owner or operator wishesthe Director to consider in determining the appropriate level for renewing the PAL. 4. PAL adjustment. In determining whether and how to adiust the PAL, the Director shall consider the options outlined in subsections (I)(4)(a) and (b). However, in nocase may any such adjustment fail to comply with subsection (I)(4)(c).

a. If the emissions level calculated in accordance with subsection (F) is equal to or greater than 80% of the PAL level, the Director may renew the PAL at the same level without considering the factors set forth in subsection (I)(4)(b); or b. The Director may set the PAL at a level that the Director determines to be more representative of thesource's baseline actual emissions, or that the Director determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire toreward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Director in the Director's written rationale.

c. Notwithstanding subsections (I)(4)(a) and (b): i. If the potential to emit of the major source is less than the PAL, the Director shall adjust the PAL to a level no greater than the potential to emit of the source; and

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ii. The Director shall not approve a renewed PAL level higher than the current PAL, unless the PAL has been increased in accordance with subsection (J). 5. If the compliance date for an applicable requirement that applies to the PAL source occurs during the PAL effective period, and if the Director has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or renewal of the source's Class I permit, whichever occurs first. J. Increasing a PAL during the PAL effective period. 1. The Director may inerease a PAL emission limitation only if the following requirements are met:

a. The owner or operator of the major source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Suchapplication shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major source's emissions to equal or exceed its PAL. b. As part of this application, the major source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissionsof the significant and major emissions units assuming application of BACT or LAER equivalent controls, plus the sum of the PAL allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result fromBACT or LAER equivalent controls on. each significant or major emissions unit shall be determined by conducting a new BACT or LAER analysis at the time the application is submitted, as applicable for the particular PAL pollutant, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within thepreceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

c. The owner or operator obtains a major NSR permit for all emissions unit(s) identified in subsection(J)(1)(a), regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL. d. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 2. The Director shall calculate the new PAL level as the sum of the PAL allowable emissions for each modified or newemissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT or LAER equivalent controls as determined in accordance with subsection (J)(1)(b), plus the sum of the baseline actual emissions of the small emissions units. 3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection (D). K. Monitoring requirements for PALs. l. General requirements. a. Each PAL permit must contain enforceable requirements for the monitoring system that accuratelydetermines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality andmanipulation. Additionally, the information generated by such system must meet minimum legalrequirements for admissibility in a judicial proceeding to enforce the PAL permit. b. The PAL monitoring system must employ one or more of the four general monitoring approachesmeeting the minimum requirements set forth in subsections (K)(2)(a) through (d) and must be approved by the Director.

c. Notwithstanding subsection (K)(1)(b), the owner or operator may also employ an alternative monitoring approach if approved by the Director as meeting the requirements of subsection (K)(1)(a). d. Failure to use a monitoring system that meets the requirements of this Section renders the PAL invalid.2. Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subsections (K)(3) through (9):

a. Mass balance calculations for activities using coatings or solvents, b. CEMS,

c. CPMS or PEMS, and d. Emission factors. 3. Mass balance calculations. An owner or operator usingmass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

a. Provide a demonstrated means of validating the published content of the PAL pollutant that is containedin or created by all materials used in or at the emissions unit; b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Director determines there is site-specific data or a site-specific monitoring program to support another content within the range. 4. CEMS. An owner or operator using CEMS to monitorPAL pollutant emissions shall meet the following requirements:

a. CEMS must comply with applicable Performance Specifications found in 40 CFR 60, Appendix B; and b. CEMS must sample, analyze and record data at leastevery 15 minutes while the emissions unit is operating. 5. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

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a. The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and b. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Director, while the emissions unit is operating. 6. Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

a. All emission factors shall be adjusted, if appropriate,to account for the deg•ee of uncertainty or limitations in the factors' development; b. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

c. If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shallconduct validation testing to determine a site-specifrc emission factor within six months of PAL permit issuance, unless the Director determines that testing is not required.7. A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. 8. Notwithstanding the requirements in subsections (K)(3) through (7), where an owner or operator of an emissionsunit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Director shall, at the time of permit issuance:

a. Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s), or b. Determine that operation of the emissions unit during operating conditions when there is no correlationbetween monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.9. Re-validation. AII data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Director. Such testing must occur at least once every five years after issuance of the PAL. L. Recordkeeping requirements. 1. The PAL permit shall require an owner or operator toretain a copy of all records necessary to determine compliance with any requirement of this Section and with the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for five years from the date of such record. 2. The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five years:

a. A copy of the PAL permit application and any applications for revisions to the PAL, and b. Each annual certification of compliance pursuant to R18-2-309(2) and the data relied on in certifying compliance. M. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Director in accordance with R18-2- 306(A)(5). The reports shall meet the following requirements:1. Semi-annual report. The semi-annual report shall be submitted to the Director within 30 days of the end of each reporting period. This report shall contain the following information:

a. The identification of owner and operator and the permit number. b. Total annual emissions (tons/year) based on a 12- month rolling total for each month in the reporting period recorded pursuant to subsection (L)(1).

c. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. d. A list of any emissions units modified or added to the major source during the preceding six-month period.

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. f. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipateddate that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by themonitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subsection (K)(7).
g. A certifrcation by the responsible official consistent with R18-2-304(H). 2. Deviation report. The major source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL permit requitements, including periods where no monitoring is available, in accordancewith R18-2-306(A)(5). The reports shall contain the following information:

a. The identification of owner and operator and the permit number, b. The PAL permit requirement that experienced the deviation or that was exceeded,

c. Emissions resulting from the deviation or the exceedance, and d. A certification by the responsible official consistent with R18-2-304(H). 3. Re-validation results. The owner or operator shall submit to the Director the results of any re-validation test or method within three months after completion of such test or method.

Historical Note New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

ARTICLE 5. GENERAL PERMITS
R18-2-501. Applicability A. The Director may issue general permits for a facility class that contains 10 or more facilities that are similar in nature, have substantially similar emissions, and would be subject to thesame or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping.

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"Similar in nature" refers to facility size, processes, and operating conditions. B. The Director may issue general permits, in accordance with subsection (A), with emission limitations, controls, or other requirements that meet the requirements of R18-2-306.01. A source that seeks to vary from such a general permit, and obtain an emission limitation, control, or other requirement notcontained in that general permit, shall apply for a permit pursuant to Article 3 of this Chapter. C. General permits shall not be issued for affected sources except as provided in regulations promulgated by the Administrator under Title IV of the Act. D. Unless otherwise stated, the provisions of Article 3 shall apply to general permits.

Historical Note Former Section R18-2-501 renumbered to R18-2-502, new Section R18-2-501 adopted effective September 26,1990 (Supp. 90-3). Former Section R18-2-501 renumbered to R18-2-701; new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective

August 1, 1995 (Supp. 95-3).
R18-2-502. General Permit Development A. The Director may issue a general permit on the Director's own initiative or in response to a petition. B. Any person may submit a petition to the Director requesting the issuance of a general permit for a defined class of facilities. The petition shall propose a particular class of facilities, and list the approximate number of facilities in the proposed class along with their size, processes, and operating conditions, anddemonstrate how the class meets the criteria for a general permit as specified in R18-2-501 and A.R.S. § 49-426(H). The Director shall provide a written response to the petition within 120 days of receipt. C. General permits shall be issued for classes of facilities using the same engineering principles that applies to permits forindividual sources and following the public notice requirements of R18-2-504. D. General permits shall include all of the following: 1. All elements contained in R18-2-306(A) except R18-2- 306(A)(2)(b) and (6). 2. The process for individual sources to apply for coverage under the general permit. E. General perrnits developed by the Director shall require sources that are covered under the general permit to install andoperate reasonably available control technology for any regulated Minor NSR pollutants allowed under the general permit at an amount equal to or greater than the permitting exemption threshold. This requirement shall not apply to any pollutants subject to an emissions standard established or revised by the Administrator under section. 111 or 112 of the Act after November 15, 1990,

Historical Note Former Section R9-3-501 repealed, new Section R9-3- 501 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (D) effective June 19, 1981 (Supp. 81-3). Amended subsections (C) and (D) effective February 2, 1982 (Supp. 82-1). Amended subsection (D) effective May 25, 1982 (Supp. 82-3). Former Section R9-3-501 renumbered without change as Section R18-2-501 (Supp. 87-3). Former Section R18-2-502 repealed, new Section R18-2-502 renumbered from R18-2-501 and amendedeffective September 26, 1990 (Supp. 90-3). Former Section R18-2-502 renumbered to R18-2-702; new Section R18-2-502 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-503. Application for Coverage under General Permit A. Once the Director has issued a general permit, any sourcewhich is a member of the class of facilities covered by the general permit may apply to the Director for authority to operateunder the general permit. At the time the Director issues a general permit, the Director may also establish a specific application form with filing instructions for sources in the category covered by the general permit. Applicants shall complete the specific application form or, if none has been adopted, the standard application form contained in Appendix 1 to this Chapter. The specific application form shall, at a minimum, require the applicant to submit the following information: 1. Information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow the Director to determine qualification for, and to assure compliance with, the general permit. 2. A compliance plan that meets the requirements of R18-2- 309. B. For sources required to obtain a permit under Title V of the Act, the Director shall provide the Administrator with a permitapplication 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. C. The Director shall act on the application for coverage under a general permit as expeditiously as possible. The source may operate under the terms of the applicable general permit during that time. The Director may defer acting on an application under this subsection (if) the Director has provided notice of intent to renew or not renew the permit. D. The Director shall deny an application for coverage fi•om any Class I source that is subject to case-by-case standards or requirements.

Historical Note Former Section R9-3-503 repealed, new Section R9-3- 503 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (C), paragraph (6) effective June 19, 1981(Supp. 81-3). Amended subsection (C) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-503 renumbered without change as Section R18-2-503 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90- 3). Former Section R18-2-503 renumbered to R18-2-703; new Section R18-2-503 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-504. Public Notice A. This Section applies to issuance, revision, or renewal of a general permit. B. The Director shall provide public notice for any proposed new general permit, for any revision of an existing general permit, and for renewal of an existing general permit. C. The Director shall publish notice of the proposed general permit once each week for two consecutive weeks in a newspaper of general circulation in each county and shall provide at least 30 days from the date of the first notice for public comment. The notice shall describe the following: 1. The proposed permit; 2. The category of sources that would be affected;

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3. The air contaminants which the Director expects to be emitted by a typical facility in the class and the class as a whole; 4. The Director's proposed actions and effective date for the actions; 5. Locations where documents relevant to the proposed permit will be available during normal business hours; 6. The name, address, and telephone number of a person within the Department who may be contacted for further information; 7. The address where any person may submit comments or request a public hearing and the date and time by which comments or a public hearing request are required to be received; 8. The process by which sources may obtain authorization to operate under the general pennit. D. For general permits under which operation may be authorized in lieu of Class I permits, the Director 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 Director shall provide the proposed final permit to the Administrator after public and affected state review. No Class I permit shall be issued if the Administrator properly objects toits issuance in writing within 45 days fi•om receipt of the proposed final permit and any necessary supporting information from the Director. E. Written comments to the Director 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 pursuant to the criteria for issuance in A.R.S. §§ 49-426 and 49-427 and this Chapter. F. At the time a general permit is issued, the Director 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 Director shall also notify in writing any petitioner and each person who has submitted written comments on the proposed general permit or requested notice of the final permit decision.

Historical Note Former Section R9-3-504 repealed, new Section R9-3- 504 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-504 renumbered without change as Section R18-2-504 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-504 renumbered to R18-2-704; new Section R18-2-504 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-505. General Permit Renewal A. The Director shall review and may renew general permits every five years. A source's authorization to operate under ageneral permit shall coincide with the term of the general permit regardless of when the authorization began during the fiveyear period, except as provided in R18-2-510(C). In addition to the public notice required to issue a proposed permit under R18-2-504, the Director shall notify in writing all sources who have been granted, or who have applications pending for, authorization to operate under the permit. The written notice shall describe the source's duty to reapply and may include requests for information required under the proposed permit. B. At the time a general permit is renewed, the Director shall notify in writing all sources who were granted coverage under the previous permit and shall require them to submit a timely renewal application. For purposes of general permits, a timelyapplication is one that is submitted within the time-frame specified by the Director 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 the renewed permit. Failure to submit a timely application terminates the source's right to operate.

Historical Note Former Section R9-3-1007 renumbered efPective January 13, 1976 (Supp. 76-1). Former Section R9-3-505 repealed, new Section R9-3-505 adopted effective May 14, 1979 (Supp. 79-1). Editorial corrections, subsection (B), paragraph (5), and subsection (D), paragraph (1), subparagraph (d) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended subsection (B)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-505 renumbered without change as Section R18-2-505 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-505 renumbered io R18-2-705; new Section R18-2-505 adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-506. Relationship to Individual Permits Any source covered under a general pei7nit may request to beexcluded from coverage by applying for an individual source permit. Coverage under the general permit shall terminate on the date the individual permit is issued.

Historical Note Former Section R9-3-1008 renumbered effective January 13, 1976 (Supp. 76-1). Former Section R9-3-506 repealed, new Section R9-3-506 adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (C), paragraph (1) effective June 19, 1981 (Supp. 81-3). Former Section R9- 3-506 renumbered without change as Section R18-2-506 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3), Former Section R18-2-506 renumbered to R18-2-706; new Section R18-2-506 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-507. General Permit Variances A. Where MACT (maximum achievable control technology) orHAPRACT (hazardous air pollutant reasonably available control technology) has been established in a general permit for a source category designated under R18-2-1702, the owner or operator of a source within that source category may apply for a variance from the standard by demonstrating compliance with R18-2-1708 at the time the source applies for coverage under the general permit. B. If the owner or operator makes the showing required by R18- 2-1708 and otherwise qualifies for the general permit, the Director shall, in accordance with the procedures established pursuant to this Article, approve the application and authorize operation under a variance from the standard of the general permit. C. Except as modified by the variance, the source shall comply with all conditions of the general permit. D. A proposed variance to a standard in a general permit shall be subject to the public notice requirements of R18-2-330.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-

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tive November 4, 2004 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 4379, effective December 4,

2007 (Supp. 07-4).
R18-2-512. Changes to Facilities Granted Coverage under General Permits A. This Section applies to changes made at a facility that has been granted coverage under a general permit. B. Facility Changes that Require New Authorization to Operate.The following changes at a source that has been granted coverage under a general permit shall be made only after the source requests new authorization to operate fi•om the Director: 1. Adding new emissions units that require new authorization to operate, 2. Installing replacement emissions units that require authorization to operate.C. Facility Changes that Do Not Require Authorization to Operate. The following changes at a source that has been granted coverage under a general permit shall be made only after the source provides written notification to the Department: 1. Adding new emissions units that do not require authorization to operate, 2. Installing a replacement emissions unit with a higher capacity that does not require authorization to operate, 3. Adding or replacing air pollution control equipment.D. 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.E. For sources that submit a request or notification under subsection (B) or (C), the applicant shall provide information identifying and describing the source, its processes, and operatingconditions in sufficient detail to allow the Director to determine continued qualification for, and to assure compliance with, the general permit. The Director shall act on a request fornew authority to operate under a general permit as expeditiously as possible. The som•ce may operate under the terms of the applicable general permit during that time.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-512 renumbered without change as Section R18-2-512 (Supp. 87-3). Amended effective September26, 1990 (Supp. 90-3). Renumbered to R18-2-712 effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).

R18-2-513. Portable Sources Covered under a General Permit A. This Section applies to sources that have been granted coverage under a general permit that allows for the operation of a source at more than one location. B. General permits developed by the Director for portable sources shall contain conditions that will assure compliance with all applicable requirements at all authorized locations. C. Owners and operators that hold multiple coverages under the same general permit may interchange equipment between sources without obtaining new authorization to operate. At no time shall an owner or operator interchange equipment thatwould cause the combined facility to exceed emission limitations in the general permit. Equipment covered under different general permits shall not be interchanged except that a new authorization to operate is obtained in accordance with this Article. D. Owners and operators that operate multiple portable sources under a general permit shall have an equivalent number of coverages under a general permit as the number of locations at which each portable source operates. E. A portable source that will operate for the duration of its permit solely in one county that has established a local air pollution control program pursuant to A.R.S. § 49-479 shall obtain a permit from that county. A portable source with a county permit shall not operate in any other county. A portable source that has been granted coverage under a general permit that subsequently obtains a county per

- mit shall request that the Director terminate the coverage under the general permit. Upon issuance of the county permit, the coverage under the general permit issued by the Director is no longer valid. F. A portable source which has a county permit but proposes tooperate outside that county may obtain coverage under a general permit from the Director. A portable source that has a permit issued by a county and obtains coverage under a generalpermit issued by the Director shall request that the county terminate the permit. Upon issuance of coverage under a general permit by the Direetor, the county permit is no longer valid. Before commencing operation in the new county, the sourceshall notify the Director and the control officer who has jurisdiction in the county that includes the new location according to subsection (G). G. A portable source granted coverage under a general permit may be transferred from one location to another provided that the owner or operator of such equipment notifies the Directorand any control officer who has jurisdiction over the geographic area that includes the new location of the transfer prior to the transfer. The notification required under this subsection shall include: 1. A description of the equipment to be transferred including the permit number and as appropriate the Authorization-to-Operate number for each piece of equipment; 2. A description of the present location; 3. A description of the location to which the equipment is to be transferred, including the availability of all utilities, such as water and electricity, necessary for the proper operation of all control equipment; 4. The date on which the equipment is to be moved; 5. The date on which operation of the equipment will begin at the new location; 6. A complete equipment list of all equipment that will be located at the new location; and 7. Revised emissions calculations demonstrating that the equipment at the new location continues to qualify for the general permit under which the source has coverage.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (2) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-513 renumbered without change as Section R18-2-513 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-713 effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

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R18-2-614. Evaluation of Nonpoint Source Emissions Opacity of an emission from any nonpoint source shall not be greater than 40% measured according to the 40 CFR 60, Appendix A, Reference Method 9. An open fire permitted under R18-2-602 or regulated under Article 15 is exempt from this requirement.

Historical Note Section R18-2-614 renumbered fi•om R18-2-612;amended by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS

R18-2-701. Definitions For purposes of this Article: 1. "Acid mist" means sulfuric acid mist as measured in the Arizona Testing Manual and 40 CFR 60, Appendix A.2. "Architectural coating" means a coating used commercially or industrially for residential, commercial or industrial buildings and their appurtenances, structural steel, and other fabrications such as storage tanks, bridges, beams and girders.3. "Asphalt concrete plant" means any facility used to manufacture asphalt concrete by heating and drying aggregateand mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphaltinto the dryer, which employ two or more of the following processes:

a. A dryer. b. Systems for screening, handling, storing, and weighing hot aggregate.

c. Systems for loading, transferring, and storing mineral filler. d. Systems for mixing asphalt concrete.

e. The loading, transferring, and storage systems associated with emission control systems. 4. "Blacic liquor" means waste liquor from the brown stockwasher and spent cooking liquor which have been concentrated in the multiple-effect evaporator system. 5. "Boiler" means an enclosed fossil- or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.6. "Bottoming-cycle cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production. 7. "Calcine" means the solid materials produced by a lime plant.8. "Coal" means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite by the ASTM Standard Specification for Classification of Coals by Rank D388- 77, 90, 91, 95, or 98a. 9. "Coal-derived fuel" means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal or chemical processing of coal. 10. "Coal-fired" means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year. 11. "Cogeneration unit" means a stationary coal-fired boiler or stationary coal-fired combustion turbine: a. I-Iaving equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and b. Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity: i. For a topping-cycle cogeneration unit: useful thermal energy not less than 5% of total energy output; and useful power that, when added to one-half of useful thermal energy produced, isnot less than 42.5% of total energy input, if useful thermal energy produced is 15% or more of total energy output, or not less than 45% oftotal energy input, if useful thermal energy produced is less than 15% of total energy output; and ii. For a bottoming-cycle cogeneration unit, useful power not less than 45% of total energy input. 12. "Combustion turbine" means:

a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gasresulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and b. If the enclosed device under subsection (12)(a) is combined cycle, any associated heat recovery steam generator and steam turbine. 13. "Commercial operation" means the time when the owner or operator supplies electricity for sale or use, including test generation. 14. "Concentrate" means enriched copper ore recovered from the froth flotation process. 15. "Concentrate dryer" rneans any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate a portion of the moisture from the charge, provided less than 5% of the sulfur contained in the charge is eliminated in the facility.16. "Concentrate roaster" means any facility in which a copper sulfide ore concentrate is heated in the presence of air to eliminate 5% or more of the sulfur contained in the charge.17. "Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, TRScompounds from condensate streams from various processes within a kraft pulp mill.18. "Control device" means the air pollution control equipment used to remove particulate matter or gases generated by a process source from the effluent gas stream. 19. "Converter" means any vessel to which copper matte is charged and oxidized to copper. 20. "Electric generating plant" means all electric generating units located at a stationary source. 21. "Electric generating unit" means:

a. A stationary, coal-fired boiler or stationary coalfired combustion turbine, other than a boiler or turbine that qualifies as a cogeneration unit, serving at any time since the start-up of a unit's combustion chamber a generator with nameplate capacity ofmore than 25 megawatts electric producing electricity for sale. If a unit qualifies as a cogeneration unit during the 12-month period starting the date the unit first produces electricity but subsequently no longer qualifies as a cogeneration unit, the unit shall be an electric generating unit on the day which the unit no longer qualifies as a cogeneration unit. b. A cogeneration unit serving at any time a generator with nameplate capacity of more than 25 megawattsand supplying in any calendar year more than oneJune 30; 2012 Page 93 Supp. 12-2Title 18. Ch. 2 AriZona Adnritnistrative Code
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third of the unit's potential electric output capacity or 219,000 megawatt-hours, whichever is greater, to any utility power distribution system for sale. 22. "Existing electric generating plant" means all electric generating units located at a stationary source during acontrol period other than units that have not been allocated allowances to emit mercury pursuant to 40 CFR 60.4142(b) for that control period. 23. "Existing source" means any source which does not have an applicable new source performance standard under Article 9 of this Chapter. 24. "Facility" means an identifiable piece of stationary process equipment along with all associated air pollution equipment, 25. "Fugitive dust" means fugitive emissions of particulate
matter. 26. "High sulfur oil" means fuel oil containing 0.90% or more by weight of sulfur. 27. "Incremental best available control technology" means an emission limitation based on the maximum degree of additional reductions, if any, in mercury beyond those achieved by existing controls installed under R18-2-724(F), taking into account incremental energy, environmental, and economic impacts, market prices of inercuryallowances, balance of plant impacts, and other incremental costs, determined by the Director to be achievable and to be compatible with existing control technology installed at the electric generating unit. Incremental best available control technology shall be determined on a case-by-case basis and shall not be more stringent than the limits in R18-2-734(B). 28. "Inlet mercury" means the average concentration of inercury in the coal burned at an elech•ic generating unit, as determined by ASTM methods, EPA-approved methods or alternative methods approved by the Director. 29. "Lime kiln" means a unit used to calcinate lime rock orkraft pulp mill lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide. 30. "Low sulfur oil" means fuel oil containing less than 0.90% by weight of sulfur. 31. "Matte" means a metallic sulfide made by smelting copper sulfide ore concentrate or the roasted product of copper sulfide ores. 32. "Mercuiy" means mercury or mercury compounds in either a gaseous or particulate form. 33. "Miscellaneous metal parts and products" for purposes of industrial coating include all of the following:

a. Large farm machinery, such as harvesting, fertilizing and planting machines, tractors, and combines; b. "Small farm machinery, such as lawn and garden tractors, lawn mowers, and rototillers;

c. Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers, and vacuum cleaners; d. Commercial machinery, such as office equipment,computers and auxiliary equipment, typewriters, calculators, and vending machines;

e. Industrial machinery, such as pumps, compressors,conveyor components, fans, blowers, and transformers; f. Fabricated metal products, such as metal-covered doors and frames;
g. Any other industrial category which coats metal parts or products under the Code in the "Standard Industrial Classification Manual, 1987" of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (non-electric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportationequipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries), except all of the following: i. Automobiles and light-duty trucks; ii. Metal cans; iii. Flat metal sheets and strips in the fonn of rolls or coils; iv. Magnet wire for use in electrical machinery;

v. Metal furniture; vi. Large appliances; vii. Exterior of airplanes; viii. Automobile refinishing; ix. Customized top coating of automobiles and trucks, if production is less than 35 vehicles per day;

x. Exterior of marine vessels.34. "Multiple-effect evaporator system" means the multipleeffect evaporators and associated condenser and hotwellused to concentrate the spent cooking liquid that is separated from the pulp. 35. "Nameplate capacity" means, starting from the initialinstallation of a generator, the maximum electrical generating output (in megawatts) that an electric generating unit is capable of producing on a steady-state basis during continuous operation as specified by the manufacturer.36. "Neutral sulfite semichemical pulping" means any operation in which pulp is produced fi•om wood by cooking or digesting wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating or grinding. 37. "Petroleum liquids" means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean 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 D975-90 (Specification for Diesel Fuel Oils). 38. "Potential electric output capacity" means 33% of a unit's maximum design heat input, divided by 3,413 Btu perkilowatt-hour, divided by 1,000 kilowatt-hours/per megawatt-hour, and multiplied by 8,760 hours per year. 39. "Process source" means the last operation or process which produces an air contaminant resulting fi•om either:

a. The separation of the air contaminants from the process material, or b. The conversion of constituents of the process materials into air contaminants which is not an air pollution abatement operation. 40. "Process weight" means the total weight of all materials introduced into a process source, including fuels, where these contribute to pollution generated by the process. 41. "Process weight rate" means a rate established pursuant to R18-2-702(E).42. "Recovery furnace" means the unit, including the directcontact evaporator for a conventional furnace, used forburning black liquor to recover chemicals consisting primarily of sodium carbonate and sodium sulfide. 43. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum , liquids, except liquified petroleum gases, as determined by ASTM D-323-90 (Test Method for Vapor Pressure of Petroleum Products) (Reid Method).

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Department of Environmental Quality - Air Pollution Control

44. "Reverbatory smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smeiting is provided primarily by combustion of a fossil fuel. 45. "Rotary lime kiln" means a unit with an included rotarydrum which is used to produce a lime product from limestone by calcination. 46. "Slag" means fused and vitrified matter separated during the reduction of a metal from its ore. 47. "Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the kraft mill recovery furnace. 48. "Smelter feed" means all materials utilized in the operation of a copper smelter, including metals or concentrates, fuels and chemical reagents, calculated as the aggregate sulfur content of all fuels and other feed materials whose products of combustion and gaseous by-products are emitted to the atmosphere. 49. "Smelting" means processing techniques for the smeltingof a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten slag, molten copper, or copper matte. 50. "Smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting isprovided by an electric current, rapid oxidation of a portion of the sulfur contained in the concentrate as it passes through an oxidizing atmosphere, or the combustion of a fossil fuel. 51. "Standard conditions" means a temperature of 293K (68°F or 20°C) and a pressure of 101.3 kilopascals (29.92 in. Hg or 1013.25 mb). 52. "Supplementary control system" (SCS) means a system by which sulfur dioxide emissions are curtailed during periods when meteorological conditions conducive to ground-level concentrations in excess of ambient air quality standards for sulfur dioxide either exist or are anticipated. 53. "Topping-cycle cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy. 54. "Total energy output" means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit. 55. "Vapor pressure" means the pressure exerted by the gaseous form of a substance in equilibrium with its liquid or solid form.

Historical Note Former Section R18-2-701 repealed effective September26, 1990 (Supp. 90-3). New Section R18-2-701 renuinbered from R18-2-501 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-702. General Provisions A. The provisions of this Article shall only apply to a source that is all of the following: 1. An existing source, as defined in R18-2-101; 2. A point source. For the purposes of this Section, "point source" means a source of air contaminants that has an identifiable plume or emissions point; and 3. A stationary source, as defined in R18-2-101.B. Except as otherwise provided in this Chapter relating to specific types of sources, the opacity of any plume or effluent, from a source described in subsection (A), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be: 1. Greater than 20% in an area that is nonattainment or maintenance for any particulate matter standard, unless an alternative opacity limit is approved by the Director and the Administrator as provided in subsections (D) and (E), after February 2, 2004; 2. Greater than 40% in an area that is attainment or unclassifiable for each particulate matter standard; and 3. After April 23, 2006, greater than 20% in any area that is attainment or unclassifiable for each particulate matter standard except as provided in subsections (D) and (E). C. If the presence of uncombined water is the only reason for anexceedance of any visible emissions requirement in this Article, the exceedance shall not constitute a violation of the applicable opacity limit.D. A person owning or operating a source may petition the Director for an alternative applicable opacity limit. The petition shall be submitted to ADEQ by May 15, 2004. 1. The petition shall contain: a. Documentation that the affected facility and anyassociated air pollution control equipment are incapable of being adjusted or operated to meet the applicable opacity standard. This includes: i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests; ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized controltechnology that is reasonably available considering technical and economic feasibility; and iii. An explanation why the source cannot meet thepresent opacity limit although it is in compliance with the applicable particulate mass emission rule. b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts in40 CFR 60 and in Appendix B, Performance Specification 1. c. A verification by a responsible official of the sourceof the truth, accuracy, and completeness of the petition. This certification shall state that, based on infoimation and belief formed after reasonableinquiry, the statements and information in the document are true, accurate, and complete. 2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petition shall also include: a. Documentation that the source conducted concun•ent EPA Reference Method stack testing and visibleemissions readings or is utilizing a continuous opacity monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least 10% below that limit. For multiple units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing ofeach unit. Each control device shall be in good operating condition and operated consistent with good practices for minimizing emissions.

June 30, 2012 Page 95 Supp. 12-2

# Of 

# AP '0*4 Department Of (State

UNITED STATES OF AMERICA
) SS.



## STATE OF ARIZONA

I, KEN BENNETT, SECRETARY OF STATE, DO HEREBY CERTIFY THAT THE

ATTACHED IS A COMPLETE, TRUE, AND CORRECT COPY OF THE

FOLLOWING RULES FROM ARIZONA ADMINISTRATIVE CODE SUPPLEMENT

12-2: R18-2-101 THROUGH R18-2-102; R18-2-201 THROUGH R18-2-203; R18-2-205

THROUGH R18-2-206; R18-2-210; R18-2 7 215 THROUGH R18-2-218; R18-2-301

THROUGH R18-2-304; R18-2-306 THROUGH R18-2-306.02; R18-2-310.01; R18-2-315

THROUGH R18-2-316; R18=2-319 THROUGI-i R18-2-321; R18-2-323; R18-2-330;

R18-2-332; R18-2-401 THROUGH R18-2-407; R18-2-409; R18-2-412; R18-2-502

THROUGH R18-2-505; R18-2-512 THROUGH R18-2-513, AND R18-2-701.

IN WITNESS WHEREOF, I have
hereunto set rny hand and affixed the

Great Seal of the State of Arizona.
Done this 29th day of July, 2013.

<.► 

# ~ ~~~ ~

, ,,



# ~ ,► 

# ~ ~

KEN BENNETT
Secretary of StateArizona Adnrinistratfve Code Department of Environmental Quality - Air Pollution Control

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR POLLUTION CONTROL Title 18, Ch. 2

ARTICLE 1. GENERAL
Article I consisting of Sectfon R9-3-101 renumbered as Article 1, Sectton R18-2-101 (Supp. 87-3).
Section R18-2-101. Definitions R18-2-102. Incorporated Materials R18-2-103. Applicable Implementation Plan; Savings
ARTICLE 2. AMBIENT AIR QUALITY STANDARDS; AREA DESIGNATIONS; CLASSIFICATIONS
Article 2, consisting of Sections R18-2-201 through R/8-2- 290, adopted effective August 8, 1991 (Supp. 91-3). Arttcle 2, consisting of Sections R18-2-201 through R18-2- 220, repealed effecttve August 8, 1991 (Supp. 91-3). Article 2 consisting of Sections R9-3-201, R9-3-202, R9-3-204 through R9-3-207, and R9-3-215 through R9-3-219 renumbered as Article 2, Sections R18-2-201, R18-2-202, R18-2-204 through R18- 2-207, and R18-2-215 through R18-2-219 (Supp. 87-3).
Section R18-2-201. Particulate Matter: PM t p and PM Z 5 R18-2-202. Sulfur Oxide (Sulfur Dioxide) R18-2-203, Ozone: One-hour Standard and Eight-hour Average

Standard R18-2-204. Carbon monoxide R18-2-205. Nitrogen Oxides (Nitrogen Dioxide) R18-2-206. Lead R18-2-207. Renumbered R18-2-208. Reserved R18-2-209. Reserved R18-2-210. Attainment, Nonattainment, and Unclassifiable Area

Designations R18-2-211. Reserved R18-2-212. Reserved R18-2-213. Reserved R18-2-214. Reserved R18-2-215. Ambient air quality monitoring methods and procedures R18-2-216. Interpretation of Ambient Air Quality Standards and

Evaluation of Air Quality Data R18-2-217. Designation and Classification of Attainment Areas R18-2-218. Limitation of Pollutants in Classified Attainment

Areas R18-2-219. Repealed R18-2-220. Air pollution emergency episodes

ARTICLE 3. PERMITS AND PERMIT REVISIONS
Article 3, consisting of Sections R9-3-301 through R9-3-332, adopted effective November 15, 1993 (Supp. 93-4). Article 3, consisting of Sections R9-3-301 through R9-3-319, and R9-3-321 through R9-3-323 repealed effective November 15, 1993 (Szipp. 93-4). Article 3 consisting of Sections R9-3-301 through R9-3-319 and R9-3-321 through R9-3-323 renumbered as Article 3, Sections R18-2-301 through R18-2-319 and R18-2-321 through R18-2-323 (Supp. 87-3).
Section R18-2-301. Definitions R18-2-302. Applicability; Registration; Classes of Permits R18-2-302.01. Source Registration Requirements R18-2-303. Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition R18-2-304. Permit Application Processing Procedures R18-2-305. Public Records; Confidentiality R18-2-306. Permit Contents R18-2-306.01. Permits Containing Voluntarily Accepted Emission

Limitations and Standards R18-2-306.02. Establishment of an Emissions Cap R18-2-307. Permit Review by the EPA and Affected States R18-2-308. Emission Standards and Limitations R18-2-309. Compliance Plan; Certification R18-2-310. Affirmative Defenses for Excess Emissions Due to

Malfunctions, Startup, and Shutdown R18-2-310.01. Reporting Requirements R18-2-311. TestMethods and Procedures R18-2-312. Performance Tests R18-2-313. Existing Source Emission Monitoring R18-2-314. Quality Assurance R18-2-315. Posting of Permit R18-2-316. Notice by Building Permit Agencies R18-2-317. Facility Changes Allowed Without Permit Revisions

- Class I R18-2-317.01. Facility Changes that Require a Permit Revision

-

Class II R18-2-317.02. Procedures for Certain Changes that Do Not Require

a Permit Revision

- Class II R18-2-318. Adrninistrative Permit Amendments R18-2-318.01. Annual Summary Permit Amendments for Class II

Permits R18-2-319. Minor Permit Revisions R18-2-320. Significant Permit Revisions R18-2-321. Permit Reopenings; Revocation and Reissuance;

Termination R18-2-322. Permit Renewal and Expiration R18-2-323. Permit Transfers R18-2-324. Portable Sources R18-2-325. Permit Shields R18-2-326. Fees Related to Individual Permits R18-2-326.01. Emissions-Based Fee Increase Related to Individual

Permits for Fiscal Year 2011 R18-2-327. Annual Emissions Inventory Questionnaire R18-2-328. ConditionalOrders R18-2-329. Permits Containing the Terms and Conditions of

Federal Delayed Compliance Orders (DCO) or Consent Decrees R18-2-330. Public Participation R18-2-331. Material Permit Conditions R18-2-332. Stack Height Limitation R18-2-333. Acid Rain R18-2-334. Minor New Source Review
ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING

MAJOR SOURCES
Article 4, consisting of Sections R18-2-401 through R18-2- 411, adopted effective November 15, 1993 (Supp. 93-4). Article 4, consfsting of Sections R18-2-401 through R18-2- 410, renumbered as Article 6, Sections R18-2-601 through R18-2- 610 (Supp. 93-4).

June 30, 2012 Page 1 Supp. 12-2Title 18, Ch. 2 ArfzonaAdntinfstrative Code
Department of Environmental Quality - Air Pollution Control

Article 4 consistirzg of Sections R9-3-401 through R9-3-410 renumbered as Article 4, Sections R18-2-401 through R18-2-410 (Supp. 87-3).
Section R18-2-401. Definitions R18-2-402. General R18-2-403. Pennits for Sources Located in Nonattainment Areas R18-2-404. Offset Standards R18-2-405. Special Rule for Major Sources of VOC or Nitrogen

Oxides in Ozone Nonattainment Areas Classified as Serious or Severe R18-2-406. Permit Requirements for Sources Located in Attainment and Unclassifiable Areas R18-2-407. Air Quality Impact Analysis and Monitoring

Requirements R18-2-408. Innovative Control Technology R18-2-409. Air Quality Models R18-2-410. Visibility Protection R18-2-411, Repealed R18-2-412. PALs

ARTICLE 5. GENERAL PERMITS
Article 5, consisting of Sections R18-2-501 through R18-2- 510, adopted effective November 15, 1993 (Supp. 93-4). Artfcle 5, consisting of Sections R18-2-501 through R18-2- 530, renumbered as Article 7, Sections R18-2-701 through R18-2- 730 (Supp. 93-4), Article 5 consisting of Sections R9-3-501 through R9-3-529 renumbered as Article 5, Sections R18-2-501 through R18-2-529 (Supp. 87-3).
Section R18-2-501. Applicability R18-2-502. General Permit Development R18-2-503. Application for Coverage under General Permit R18-2-504. PublicNotice R18-2-505. General Permit Renewal R18-2-506. Relationship to Individual Permits R18-2-507. General Permit Variances R18-2-508. General Permit Shield R18-2-509. General Permit Appeals R18-2-510. Terminations of General Permits and Revocations of

Authority to Operate Under a General Permit R18-2-511. Fees Related to General Permits R18-2-512. Changes to Facilities Granted Coverage under General Permits R18-2-513. Portable Sources Covered under a General Permit R18-2-514. Renumbered R18-2-515. Renumbered R18-2-515.01. Renumbered R18-2-515.02. Renumbered R18-2-516. Renumbered R18-2-517. Renumbered R18-2-518. Renumbered R18-2-519. Renumbered R18-2-520. Renumbered R18-2-521. Renumbered R18-2-522. Renumbered R 18-2-523. Renumbered R18-2-524. Renumbered R18-2-525. Renumbered R18-2-526. Renumbered R18-2-527. Renumbered R18-2-528. Renumbered R18-2-529. Renumbered R18-2-530. Renumbered ARTICLE 6. EMISSIONS FROM EXISTING AND NEW NONPOINT SOURCES
Article 6, consisting of Sections R18-2-601 through R18-2- 610, renumbered from Article 4, Sections R18-2-401 through R18- 2-410 (Supp. 93-4). Article 6, consisting of Sections R18-2-601 through R18-2- 605, renumbered to Article 8, Sectfons R18-2-801 through R18-2- 805 (Supp. 93-4). Article 6 consisting of Sections R9-3-601 through R9-3-605 renumbered as Article 6, Sections R18-2-601 through R18-2-605 (Supp. 87-3).
Section R18-2-601. General R18-2-602. Unlawful Open Burning R18-2-603. Repealed R18-2-604. Open Areas, Dry Washes, or Riverbeds R18-2-605. Roadways and Streets R18-2-606. Material Handling R18-2-607. Storage Piles R18-2-608. Mineral Tailings R18-2-609. Agricultural Practices . R18-2-610. Definitions for R18-2-610.01 R18-2-610.01, Agricultural PM t p General Permit for Crop Operations; PM t p Nonattainment Areas R18-2-611. Definitions for R18-2-2-611.01 R18-2-611.01. Animal Operations PM I p General Permit; Moderate

and Serious PM I p Nonattainment Areas Except Yuma County R18-2-612. Definitions for R18-2-613 R18-2-613. Yuma PM IO Nonattainment Area; Agricultural Best

Management Practices R18-2-614. Evaluation of Nonpoint Source Emissions

ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS Article 7 consisting of Secttons R18-2-701 through R18-2-730 renumbered from Article 5, Sections R18-2-501 through R18-2-530 (Supp. 93-4). Article 7 consisting of Sections R18-2-701 through R18-2-709 repealed effective September 26, 1990 (Supp. 90-3). Article 7 consisting of Sections R9-3-701 through R9-3-709 renumbered as Article 7, Sections R18-2-701 through R18-2-709 (Supp. 87-3).
Section R18-2-701. Definitions R18-2-702. General Provisions R18-2-703. Standards of Performance for Existing Fossil-fuel

Fired Steam Generators and General Fuel-burning Equipment R18-2-704. Standards of Performance for Incinerators R18-2-705. Standards of Performance for Existing Portland

Cement Plants R18-2-706. Standards of Performance for Existing Nitric Acid

Plants R18-2-707. Standards of Perfonnance for Existing Sulfuric Acid

Plants R18-2-708. Standards of Performance for Existing Asphalt Concrete Plants R18-2-709. Standards of Performance for Existing Petroleum

Refineries R18-2-710. Standards of Perfonnance for Existing Storage Vessels for Petroleum Liquids

Supp. 12-2 Page 2 June 30, 2012ArizonaAdnunistrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

R18-2-711. Standards of Performance for Existing Secondary

Lead Smelters R18-2-712. Standards of Performance for Existing Secondary

Brass and Bronze Ingot Production Plants R18-2-713. Standards of Performance for Existing Iron and

Steel Plants R18-2-714, Standards of Performance for Existing Sewage

Treatment Plants R18-2-715. Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements R 18-2-715.01. Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring R 18-2-715.02. Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions R 18-2-716. Standards of Performance for Existing Coal Preparation Plants R 18-2-717. Standards of Performance for Steel Plants: Existing

Electric Arc Furnaces (EAF) R18-2-718. Repealed R18-2-719. Standards of Performance for Existing Stationary

Rotating Machinery R18-2-720. Standards of Performance for Existing Lime Manufacturing Plants R18-2-721. Standards of Performance for Existing Nonferrous

Metals Industry Sources R18-2-722. Standards of Performance for Existing Gravel or

Crushed Stone Processing Plants R18-2-723. Standards of Performance for Existing Concrete

Batch Plants R18-2-724. Standards of Performance for Fossil-fuel Fired

Industrial and Commercial Equipment R18-2-725. Standards of Performance for Existing Dry Cleaning

Plants R18-2-726. Standards of Performance for Sandblasting Operations R18-2-727. Standards of Performance for Spray Painting Operations R18-2-728. Standards of Performance for Existing Ammonium

Sulfide Manufacturing Plants R18-2-729. Standards of Performance for Cotton Gins R18-2-730. Standards of Performance for Unclassified Sources R18-2-731. Standards of Performance for Existing Municipal

Solid Waste Landfills R18-2-732. Standards of Performance for Existing Hospital/

Medical/Infectious Waste Incinerators R18-2-733. Incorporation of Federal Standards of Performance

for Mercury Emissions from Coal-Fired Electric Steam Generating Units R18-2-733.01. Additional Mercury Allowance Acquisition

Requirements for Coal-Fired Electric Steam Generating Units R18-2-734. State Standards of Performance for Mercury Emissions from Coal-Fired Electric Steam Generating Units Table 1. Emission Limitations for Small, Medium, and Large

HMIWI Table 2. Emissions Limitations for Rural HMIWI

ARTICLE S. EMISSIONS FROM MOBILE SOURCES (NEW

AND EXISTING)
Article 8, consistfng of Sections R18-2-801 through R18-2- 805, renumbered from Article 6, Sections R18-2-601 through R18- 2-605 (Supp. 93-4). Article 8, consisting of Sections R18-2-801 through R18-2- 805, renzimbered to Article 9, Sections R18-2-901 through R18-2- 905 (Supp. 93-4). Article 8 consisting of Sections R18-2-801 through R18-2-805 adopted effective February 26, 1988. Former Article 8 consisting of Sections R9-3-801 through R9- 3-829, R9-3-831, R9-3-832, R9-3-835 through R9-3-838, R9-3-840through R9-3-848, and R9-3-857 through R9-3-859 repealed effective February 26, 1988.
Section R18-2-801. Classification of Mobile Sources R18-2-802, Off-road Machinery R18-2-803. Heater-planer Units R18-2-804. Roadway and Site Cleaning Machinery R18-2-805. Asphalt or Tar Kettles

ARTICLE 9. NEW SOURCE PERFORMANCE STANDARDS Article 9, consisting of Sections R18-2-901 through R18-2- 905, renumbered from Article 8, Sections R18-2-801 through R18- 2-805 (Supp. 93-4). Article 9, consisting of Sections R18-2-901 through R18-2- 905, renunzbered to Article 11, Sections R18-2-1101 through R18-2- 1105 (Supp. 93-4). Article 9 consisting of Sections R18-2-901 and R18-2-902 adopted effective February 26, 1988. Former Arttcle 9 consistfng of Sections R9-3-901, R9-3-903 through R9-3-906, R9-3-910, R9-3-913, and R9-3-922 repealed effective February 26, 1988.
Section R18-2-901. Standards of Performance for New Stationary

Sources R18-2-902. General Provisions R18-2-903. Standards of Performance for Fossil-fuel Fired

Steam Generators R18-2-904. Standards of Performance for Incinerators R18-2-905. Standards of Performance for Storage Vessels for

Petroleum Liquids R18-2-906. Repealed R18-2-907. Reserved R18-2-908. Reserved R18-2-909. Reserved R18-2-910. Repealed R18-2-911. Reserved R18-2-912. Reserved R18-2-913. Repealed R18-2-914. Reserved R18-2-915. Reserved R18-2-916. Reserved R18-2-917. Reserved R18-2-918. Reserved R18-2-919. Reserved R18-2-920. Reserved R18-2-921. Reserved R18-2-922. Repealed
ARTICLE 10. MOTOR VEHICLES; INSPECTIONS AND

iVIAINTENANCE
Former Article 10 consisting of Sections R9-3-1001, R9-3- 1003 through R9-3-1013, R9-3-1016 through R9-3-1019, R9-3- 1022, R9-3-1023, R9-3-1025 through R9-3-1031 renumbered as Article 10, Sections R18-2-1001, R18-2-1003 through R18-2-1013, R18-2-1016 through R18-2-1019, R18-2-1022, R18-2-1023, and R18-2-1025 through R18-2-1031 effective August 1, 1988.
Section R18-2-1001. Definitions R18-2-1002. Reserved

June 30, 2012 Page 3 Supp. 12-2Title 18, Ch. 2 Arizona Adnunfstrative Code
Department of Environmental Quality - Air Pollution Control

R18-2-1003. Vehicles to be Inspected by the Mandatory Vehicle

Emissions Inspection Program R18-2-1004. Repealed R18-2-1005. Time of Inspection R18-2-1006. Emissions Test Procedures R18-2-1007. Evidence of Meeting State Inspection Requirements R18-2-1008. Procedure for Issuing Certificates of Waiver R18-2-1009. Tampering Repair Requirements R18-2-1010. Low Emissions Tune-up, Emissions and Evaporative System Repair R18-2-1011. Vehicle Inspection Report R18-2-1012. Inspection Procedures and Fee R18-2-1013. Reinspections R18-2-1014. Repealed R18-2-1015. Repealed R18-2-1016. Licensing ofInspectors R18-2-1017. Inspection of Government Vehicles R18-2-1018. Certificate of Inspection R18-2-1019. Fleet Station Procedures and Permits R18-2-1020. Licensing of Third Party Agents; Issuing Alternative

Fuel Certifrcates R18-2-1021. Reserved R18-2-1022. Procedure for Waiving Inspections Due to Technical

Difficulties R18-2-1023. Certificate of Exemption for Out-of-State Vehicles R18-2-1024. Expired R18-2-1025. Inspection of Contractor's Equipment and Personnel R18-2-1026. Inspection of Fleet Stations R18-2-1027. Registration and Inspection of Emissions Analyzers

and Opacity Meters R18-2-1028. Certification of Users of Registered Analyzers and

Analyzer Repair Persons R18-2-1029. Vehicle Emission Control Devices R18-2-1030. Visible Emissions; Mobile Sources R18-2-1031. Standards for Evaluating the Oxidation Efficiency of

a Catalytic Converter Table 1. Dynamometer Loading Table

- Annual Tests Table 2. Emissions Standards

- Annual Tests Table 3. Emissions Standards

- Transient Loaded Emissions

Tests Table 4. Transient Driving Cycle Table 5. Tolerances Table 6. Repealed

ARTICLE 11. FEDERAL HAZARDOUS AIR POLLUTANTS
Article 11, consisting of Sections RI8-2-1101 and R18-2-1102 adopted effective November 15, 1993 (Supp. 93-4). Article 11 consisting of Sections R18-2-1101 and RI8-2-1102 repealed effective September 26, 1990 (Supp. 90-3). Article 11 consisting of Sections R9-3-1101, R9-3-1102, and Appendices I through 11 renumbered as Article Il, Sections R18-2- 1101, R18-2-1102, andAppendices 1 through 11 (Supp. 87-3).
SectionR18-2-1101. National Emission Standards for Hazardous Air Pollutants (NESHAPs) R18-2-1102. General Provisions

ARTICLE 12. EMISSIONS BANK
Article 12, consisting ofSecttons R18-2-1201 through R18-2- 1208, made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Saipp. 02-1).

Section R18-2-1201. Definitions R18-2-1202. Applicability R18-2-1203. Emissions Bank Administration R18-2-1204. Credit Generation R18-2-1205, Credit Certification R18-2-1206. Credit Utilization R18-2-1207. Credit Withdrawal R18-2-1208. Fees

ARTICLE 13. DIESEL CONVERSION GRANT PROGRAM
Article 13, consisting of Sections R18-2-1301 through R18-2- 1307, made by ftnal rulemaking at 9 A.A.R. 1295, effective Apri12, 2003 (Supp. 03-2).

Section R18-2-1301. Definitions R18-2-1302. Available Funds R18-2-1303. Eligibility R18-2-1304.

. Application Process R18-2-1305. Application Priority List R18-2-1306. GrantAmount R18-2-1307. Review of Grant Determination

ARTICLE 14. CONFORMITY DETERMINATIONS

Section R18-2-1401. Definitions R18-2-1402. Applicability R18-2-1403. Priority R18-2-1404. Frequency of Conformity Determinations R18-2-1405. Consultation R18-2-1406. Content of Transportation PlansR18-2-1407. Relationship of Transportation Plan and TIP Conformity with the NEPA Process R 18-2-1408. Fiscal Constraints for Transportation Plans and TIPs R 18-2-1409. Criteria and Procedures for Determining Conformity

of Transportation Plans, Programs, and Projects: GeneralR18-2-1410. Criteria and Procedures: Latest Planning Assumptions R18-2-1411. Criteria and Procedures: Latest Emissions Model R18-2-1412. Criteria and Procedures: Consultation R18-2-1413. Criteria and Procedures: Timely Implementation of

TCMs R18-2-1414. Criteria and Procedures: Currently Conforming

Transportation Plan and TIP R18-2-1415. Criteria and Procedures: Projects from a Plan and

TIP R18-2-1416. Criteria and Procedures: Localized CO and PMIo

Violations (Hot Spots) R18-2-1417. Criteria and Procedures: Compliance with PMto

Control Measures R18-2-1418. Criteria and Procedures: Motor Vehicle Emissions

Budget (Transportation Plan) R18-2-1419. Criteria and Procedures: Motor Vehicle Emissions

Budget (TIP) R18-2-1420. Criteria and Procedures: Motor Vehicle Emissions

Budget (Project Not from a Plan and TIP) R18-2-1421, Criteria and Procedures: Localized CO Violations

(Hot Spots) in the Interim and Transitional Periods R18-2-1422. Criteria and Procedures: Interim and Transitional

Period Reductions in Ozone and CO Areas (Transportation Plan) R18-2-1423 Criteria and Procedures: Interim Period Reductions

in Ozone and CO Areas (TIP) R18-2-1424 Criteria and Procedures: Interim Period Reductions

for Ozone and CO Areas (Project Not from a Plan and TIP) R18-2-1425 Criteria and Procedures: Interim Period Reductions

for PM i p and NO 2 areas (Transportation Plan)

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Department of Environmental Quality - Air Pollution Control

R18-2-1426. Criteria and Procedures: Interim Period Reductions

for PM I p and NO 2 areas (TIP) R18-2-1427. Criteria and Procedures: Interim Period Reductions

for PM 10 and NO 2 areas (Project Not from a Plan and TIP) R18-2-1428. Transition from the Interim Period to the Control

Strategy Period R18-2-1429. Requirements for Adoption or Approval of Projects

by Recipients of Funds Designated under 23 U.S.C. or the Federal Transit Act R18-2-1430. Procedures for Determining Regional Transportation-related Emissions R18-2-1431. Procedures for Determining Localized CO and

PM 10 Concentrations (Hot-spotAnalysis) R18-2-1432. Using the Motor Vehicle Emissions Budget in the

Applicable Implementation Plan or Implementation Plan Submission R18-2-1433. Enforceability of Design Concept and Scope and

Project-level Mitigation and Control Measures R18-2-1434. ExemptProjects R18-2-1435. Projects Exempt from Regional Emissions Analyses R18-2-1436. Special Provisions for Nonattainment Areas Which

are Not Required to Demonstrate Reasonable Further Progress and Attainment R18-2-1437. Reserved R18-2-1438. General Conformity for Federal Actions

ARTICLE 15. FOREST AND RANGE MANAGEMENT

BURNS

Article 15, consisting of R18-2-1501 through R18-2-1515, adopted effective October 8, 1996 (Supp. 96-4).

Section R18-2-1501. Definitions R18-2-1502. Applicability R18-2-1503. Annual Registration, Program Evaluation and Planning R18-2-1504. Prescribed Burn Plan R18-2-1505. Prescribed Bum Requests and Authorization R18-2-1506. Smoke Dispersion Evaluation R18-2-1507. Prescribed Burn Accomplishment; Wildfire Reporting R18-2-1508. Wildland Fire Use: Plan, Authorization, Monitoring;

Interagency Consultation; Status Reporting R18-2-1509. Emission Reduction Techniques R18-2-1510, Smoke Management Techniques R18-2-1511. Monitoring R18-2-1512. Burner Qualifications R18-24513. Public Notification and Awareness Program;

Regional Coordination R18-2-1514. Surveillance and Enforcement R18-2-1515, Forms; Electronic Copies; Information Transfers

ARTICLE 16. VISIBILITY; REGIONAL HAZE
Article 16, consisting of Sections R18-2-1601 through R18-2-1606, made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4).

Section R18-2-1601. Definitions R18-2-1602. Applicability R18-2-1603. Certification of Impairment R18-2-1604. Attribution Analysis; Finding R18-2-1605. BART Control Analysis; Finding R18-2-1606. Exemption from BART R18-2-1607. Reserved R18-2-1608. Reserved R18-2-1609. Reserved R18-2-1610. S0 2 Milestones and Backstop Trading Program;

Definitions R18-2-1611. ApplicabilityR18-2-1612. Pre-trigger Monitoring, Recordkeeping, and Reporting R18-2-1613. Western Backstop S0 2 Trading Program Trigger

ARTICLE 17. ARIZONA STATE HAZARDOUS AIR

POLLUTANTSPROGRAM
Article 17, consisting of Secttons R18-2-1701 through R18-2- 1709, made by final rulemaking at 12 A.A.R.1953, effective January 1, 2007 (Supp. 06-2).
Section R18-2-1701. Definitions R18-2-1702. Applicability R18-2-1703. State List of Hazardous Air Pollutants R18-2-1704. Notice of Types and Amounts of HAPs R18-2-1705. Modifications; Permits; Permit Revisions R18-2-1706. Case-by-case HAPRACT Determination R18-2-1707. Case-by-case AZMACT Determination R18-2-1708. Risk Management Analyses R18-2-1709. Periodic Review

ARTICLE 18. REPEALED Article 18, consisttng of Sections R18-2-1801 through R18-2- 1812 and Appendix 13, repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1). Article 18, consisting of Sections R18-2-1801 through R18-2- 1812 and Appendix 13, made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2).

Section R18-2-1801. Repealed R18-2-1802. Repealed R18-2-1803. Repealed R18-2-1804. Repealed R18-2-1805. Repealed R18-2-1806. Repealed R18-2-1807. Repealed R18-2-1808. Repealed R18-2-1809. Repealed R18-2-1810. Repealed R18-2-1811. Repealed R18-2-1812. Repealed

Appendix 1. Standard Permit Application Form and Filing

Instructions Appendix 2. Test Methods and Protocols Appendix 3. Logging Appendix 4. Reserved Appendix 5. Repealed Appendix 6. Repealed Appendix 7. Repealed Appendix 8. A8. Procedures for Utilizing the Sulfur Balance

Method for Determining Sulfur Einissions Appendix 9. A9. Monitoring Requirements Appendix 10. Repealed Appendix 11. RepealedAppendix 12.Al2. Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants Appendix 13.Repealed

June 30, 2012 Page 5 Supp. 12-2Title 18, Ch. 2 ArizonaAdnunistratfve Code Department of Environmental Quality — Air Pollution Control

ARTICLE 1. GENERAL

R18-2-101. Definitions The following definitions apply to this Chapter. Where the same term is defined in this Section and in the definitions Section for an Article of this Chapter, the Article-specific definition shall apply. 1. "Act" means the Clean Air Act of 1963 (P.L. 88-206; 42U.S.C. 7401 through 7671q) as amended through December 31, 2011 (and no future editions). 2. "Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, 

## as determined in subsections (2)(a) through (e).

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during aconsecutive 24-month period that precedes the particular date and that is representative of normal source operation. The Director may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period. b. The Director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit at a Class I source 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 Class II source that has not begun nonnal operations on the particular date, actual emissions shall be based on applicable control equipment requirements and projected conditions of operation.

e. This definition shall not apply for calculating whether a significant emissions increase hasoccurred, or for establishing a PAL. Instead, the definitions of projected actual emissions and baseline actual emissions in R18-2-401 shall apply for those
purposes. 3. "Administrator" means the Administrator of the United States Environmental Protection Agency. 4. "Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable. 5. "Affected source" means a source that includes one or more units which are subject to emission reduction requirements or limitations under Title IV of the Act. 6. "Affected state" means any state whose air quality maybe affected by a source applying for a permit, permit revision, or permit renewal and that is contiguous to Arizona or that is within 50 miles of the permitted source.7. "Afterbumer" means an incinerator installed in the secondary combustion chamber or stack for the purpose of incinerating smoke, fumes, gases, unburned carbon, and other combustible material not consumed during primary combustion. 8. "Air contaminants" means smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mistaerosols, aerosol droplets, odors, particulate matter, windborne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere. 9. "Air curtain destructor" means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood wasteand slash materials in an earthen trench or refractorylined pit or bin. 10. `Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or combinattons thereof in sufficfent quantities, which either alone or inconnection with other substances by reason of their concentration and duration are or tend to be injurious to human, plant or animal ltfe, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substanttal part of a community, orobscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the director. A.R.S. § 49-421(2). 11. "Air pollution control equipment" means equipment usedto eliminate, reduce or control the emission of air pollutants into the ambient air. 12. "Air quality control region" (AQCR) means an area so designated by the Administrator pursuant to Section 107 of the Act and includes the following regions in Arizona:

a. Maricopa Intrastate Air Quality Control Region which is comprised of the County of Maricopa. b. Pima Intrastate Air Quality Control Region which is comprised of the County of Pima.

c. Northem Arizona Intrastate Air Quality Control Region which encompasses the counties of Apache, Coconino, Navajo, and Yavapai. d. Mohave-Yuma Intrastate Air Quality Control Region which encompasses the counties of La Paz, Mohave, and Yuma.

e. Central Arizona Intrastate Air Quality Control Region which encompasses the counties of Gila and Pinal. . f. Southeast Arizona Intrastate Air Quality Control Region which encompasses the counties of Cochise, Graham, Greenlee, and Santa Cruz.13. "Allowable emissions" means the emission rate of a stationary source calculated using both the maximum ratedcapacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rateor hours of operation, and the most stringent of the following:

a. The applicable standards 

## as set forth in 40 CFR 60, 61 or 63; b. The applicable existing source performance standard, as approved for the SIP and contained in Article 7 of this Chapter; or,

c. The ernissions rate specified in any federally promulgated rule or federally enforceable permit conditions applicable to the stationary source. 14. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has

access.15. "Applicable implementation plan" means those provisions of the state implementation plan approved by theAdministrator or a federal implementation plan promulgated for Arizona or any portion of Arizona in accordance with Title I of the Act. 16. "Applicable requirement" means any of the following:

a. Any federal applicable requirement. b. Any other requirement established pursuant to this Chapter or A.R.S. Title 49, Chapter 3. 17. "Arizona Testing Manual" means sections 1 and 7 of the Arizona Testing Manual for Air Pollutant Emissions amended as of March 1992 (and no future editions). 18. "ASTM" means the American Society for Testing and Materials. 19. "Attainrnent area" means any area in the state that hasbeen identified in regulations promulgated by the AdminSupp. 12-2 Page 6 June 30, 2012ArizonaAdnrinistrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

istrator as being in compliance with national ambient air 21. "Best available control technology" (BACT) means an quality standards. emission limitation, including a visible emissions stan20. "Begin actual construction" means, initiation ofphysical dard, based on the maximum degree of reduction for each on-site construction activities on an emisstons unit which air regulated NSR pollutant which would be emitted from are of a permanent nature. With respect to a change in any proposed major source or major modification, taking method of operation this term refers to those onsite activ- into account energy, environmental, and economic impact itfes, other than preparatory activfties, which mark the and other costs, determined by the Director in accordance initiation of the change. with R18-2-406(A)(4) to be achievable for such source or

a. For purposes of title 1, parts C and D and sectfon niodifrcation, 112 of the clean air act, and for purposes of appli- 22. "Btu" means British thermal unit, which is the quantity of cants that require permits containing limfts designed heat required to raise the temperature of one pound of to avoid the application of title 1, parts C and D and water 1°F. section 112 of the clean air act, these activitfes 23. "Categorical sources" means the following classes of include installation of building supports and founda- sources: tions, layfng of underground pipework and con- a. Coal cleaning plants with thermal dryers; struction of

permanent storage structures but do not b. Kraft pulp mills; include any of the following, subject to subsection c. Portland cement plants; (20)(c): d. Primary zinc smelters; i. Clearing and grading, including demolition e. Iron and steel mills; and removal of exfsting structures and equip- f. Prirnary aluminum ore reduction plants; ment, stripping and stockpilfng of topsoil. g. Prirnary copper smelters; ii. Installation of access roads, driveways and h. Municipal incinerators capable of charging more parking lots. than 250 tons of refuse per day; iii. Installation of ancillary structures, including i. Hydrofluoric, sulfuric, or nitric acid plants; fences, office buildings and temporary storage j. Petroleum refineries; structures, that are not a necessary component k. Lime plants; of an emissions unit or associated air pollution 1. Phosphate rock processing plants; control equipment for which the permit is m. Coke oven batteries; requtred. n. Sulfur recovery plants; iv. Ordering and onsite storage of materials and o. Carbon black plants using the furnace process; equipment. p. Primary lead smelters; b. For purposes other than those tdentified in subsec- q. Fuel conversion plants; tion (20)(a), these activities do not include any of the r. Sintering plants; following, subject to subsectton (20)(c): s. Secondary metal production plants; i. Clearing and grading, including demolition t. Chemical process plants, which shall not include and removal of existing structures and equtp- ethanol production facilities that produce ethanol by ment, stripping and stockpiling of topsoil and natural fennentation included in North American earthwork cut and

fill for foundations. Industry Classification System codes 325193 or ii. Installation of access roads, parking lots, 312140; drtveways and storage areas. u. Fossil-fuel boilers, combinations thereof, totaling iii. Installation of ancillary structures, including more than 250 million Btus per hour heat input; fences, warehouses, storerooms and office v. Petroleum storage and transfer units with a total bufldings, provided none of these structures storage capacity more than 300,000 barrels; impacts the design of any emissions unit or w. Taconite preprocessing plants; associated air pollutfon control equipment. x. Glass fiber processing plants; iv. Ordering and onsite storage of materials and y. Charcoal production plants; equfpment. z. Fossil-fuel-fired steam electric plants and combined

v. Installatfon of underground pipework, includ- cycle gas turbines of more than 250 million Btus per tng water, sewer, electric and telecommunica- hour heat input. tions utilities. 24. "Categorically exempt activities" means any of the folvi. Installation of building and equipment sup- lowing: ports, including concrete forms, footers, pil- a. Any combination of diesel-, natural gas- or gasolineings, foundations, pads and platforms, provided itred engines with cumulative power equal to or less none of these supports impacts the design of than 145 horsepower. any emissions unit or associated air pollution b. Natural gas-fired engines with cumulative power control equipment. equal to or less than 155 horsepower.

c. An applicant's performance ofany activfties that are c. Gasoline-fired engines with cumulative power equal excluded from the definition of "begin actual con- to or less than 200 horsepower. struction" under subsection (20)(a) or (b) shall be at d. Any of the following emergency or stand-by engines the applicant's risk and shall not reduce the appli- used for less than 500 hours in each calendar year, cant's obligations under this Chapter. The director provided the permittee keeps records documenting shall evaluate an application for a permit or permit the hours of operation of the engines: revision and make a decision on the same basis as if i. Any combination of diesel-, natural gas- or gasthe activities allowed under subsection (20)(a) or (b) oline-fired emergency engines with cumulative had not occurred. A.R.S. § 49-401.01(7). power equal to or less than 2,500 horsepower.

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ii. Natural gas-fired emergency engines with cumulative power equal to or less than 2,700 horsepower. iii. Gasoline-fired emergency engines with cumulative power equal to or less than 3,700 horsepower.e. Any combination of boilers with a cumulative maximum design heat input capacity of less than 10 million Btu/hr. 25 "CFR" means the Code of Federal Regulations, amended as of July 1, 2011, (and no future editions), with standard references in this Chapter by Title and Part, so that "40CFR 51" means Title 40 of the Code of Federal Regulations, Part 51. 26. "Charge" means the addition of inetal bearing materials, scrap, or fluxes to a furnace, converter or refining vessel.27 "Clean coal technology" means 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 airemissions 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. 28. "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy - Clean Coal Technology," up to atotal amount of $2,500,000,000 for commercial demonstration of clean coal technology or similar projects funded through appropriations for the EnvironmentalProtection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project. 29 "Coal" means all solid fossil fuels classifred as anthracite, bituminous, subbituminous, or lignite by ASTM D-388- 91, (Classifrcation of Coals by Rank). 30. "Combustion" means the burning of matter. 31. "Commence" means, as applied to construction of a source, or a major modification as defined in Article 4 of this Chapter, that the owner or operator has all necessary preconstruction approvals or permits and either has:

a. Begun, or caused to begin, a continuous program ofactual onsite construction of the source, to be completed within a reasonable time; or b. Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. 32. "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in actual emissions. 33. "Continuous monitoring system" means a CEMS, CERMS, or CPMS. 34. "Continuous emissions monitoring system" or "CEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, used to sample, condition (if applicable), analyze, and to provide, on a continuous basis, a permanent record of emissions. 35. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for thedetermination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 36. "Continuous parameter monitoring system" or "CPMS" means the total equipment, required under the emission monitoring provisions in this Chapter, to monitor processor control device operational parameters or other information and to provide, on a continuous basis, a permanent record of monitored values. 37. "Controlled atmosphere incinerator" means one or more refractory-lined chambers in which complete combustion is promoted by recirculation of gases by mechanical

means. 38. "Conventional air pollutant" means any pollutant for which the Administrator has promulgated a primary or secondary national ambfent air guality standard. A.R.S. § 49-401.01(12). 39. "Department" means the Department of Environmental Quality. A.R.S. § 49-101(2) 40. "Dtrector" means the director of environmental guality who is also the dfrector of the department. A.R.S. § 49- 101(3). 41. "Discharge" means the release or escape of an effluent from a source into the atmosphere. 42. "Dust" means finely divided solid particulate matter occurring naturally or created by mechanical processing, handling or storage of materials in the solid state. 43. "Dust suppressant" means a chemical compound or mixture of chemical compounds added with or without waterto a dust source for purposes of preventing air entrainment. 44. "Effluent" means any air contaminant which is emitted and subsequently escapes into the atmosphere. 45. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical 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. 46. "Emission" means an air contaminant or gas stream, or the act of discharging an air contaminant or a gas stream, visible or invisible. 47. "Emission standard" or "emission limitation" means a requirement established by the state, a local govemment, or the Administrator which limits the quantity, rate, orconcentration of emissions of air pollutants on a continuous basis, including any requirements which limit thelevel of opacity, prescribe equipment, set fuel specifrcations, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction. 48. "Emissions unit" means any part of a stationary sourcewhich ernits or would have the potential to emit any regulated air pollutant and includes an electric steam generating unit. 49. "Equivalent method" means any method of sampling andanalyzing for an air pollutant which has been demonstrated under R18-2-311(D) to have a consistent and quantitatively known relationship to the reference method, under specified conditions. 50. "Excess emissions" means emissions of an air pollutant in excess of an emission standard as measured by thecompliance test method applicable to such emission standard. 51. "Federal applicable requirement" means any of the following (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates):

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a. Any standard or other requirement provided for inthe applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirementsof the Act, including any revisions to that plan promulgated in 40 CFR 52. b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act.

c. Any standard or other requirement under section 111 of the Act, including I 11(d). d. Any standard or other requirement under section 112 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 of the Act or the regulations promulgated thereunder and incorporated pursuant to R18-2-333. f. Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act.
g. Any standard or other requirement governing solid waste incineration, under section 129 of the Act. h. Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act. i. Any standard or other requirement for tank vessels under section 183(f) of the Act. j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act. k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator hasdetermined that such requirements need not be contained in a Title V permit. 1. Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act. "Federal Land Manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands."Federally enforceable" means all limitations and conditions which are enforceable by the Administrator under the Act, including all of the following:

a. The requirements of the New Source PerformanceStandards and National Emission Standards for Hazardous Air Pollutants contained in Articles 9 and 11 of this Chapter. b. The requirements of such other state or county rules or regulations approved by the Administrator,including the requirements of state and county operating and new source review permit and registrationprograms that have been approved by the Administrator. Notwithstanding this subsection, the condition of any permit or registration designated as being enforceable only by the state is not federally enforceable.

c. The requirements of any applicable implementation plan. d. Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping, and reporting requirements, other than those designated as enforceable only by the state, that are included in a permit pursuant to R18-2-306.01 or R18-2-306.02. 54. "Federally listed hazardous air pollutant" means a pollutant listed pursuant to R18-2-1701(9). 55. "Final permit" means the version of a permit issued by the Department after completion of all review required by this Chapter. 56. "Fixed capital cost" means the capital needed to provide all the depreciable components. 57. "Fuel" means any material which is burned for the purpose of producing energy. 58. "Fuel buming equiprnent" means any machine, equipment, incinerator, device or other article, except stationary rotating machinery, in which combustion takes place. 59. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 60. "Fume" means solid particulate matter resulting from the condensation and subsequent solidification of vapors of melted solid materials. 61. "Fume incinerator" means a device similar to an afterburner installed for the purpose of incinerating fumes, gases and other finely divided combustible particulate matter not previously burned. 62. "Good engineering practice (GEP) stack height" means a stack height meeting the requirements described in R18- 2-332. 63. "Hazardous air pollutant" means any federally listed hazardous air pollutant. 64. "Heat input" means the quantity of heat in terms of Btus generated by fuels fed into the fuel burning equipment under conditions of complete combustion. 65. "Incinerator" means any equipment, machine, device, contrivance or other article, and all appurtenancesthereof, used for the combustion of refuse, salvage materials or any other combustible material except fossil fuels, for the purpose of reducing the voluine of material. 66. "Indian governing body" means the governing body ofany 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. 67. "Indian reservation" means any federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress. 68. "Insignificant activity" means any of the following activities: a. Liquid Storage and Piping i. Petroleum product storage tanks containing the following substances, provided the applicant lists and identifies the contents of each tankwith a volume of 350 gallons or more and provides threshold values for throughput or capacity or both for each such tank: diesel fuels and fuel oil in storage tanks with capacity of 40,000 gallons or less, lubricating oil, transformer oil, and used oil. ii. Gasoline storage tanks with capacity of 10,000 gallons or less. iii. Storage and piping of natural gas, butane, propane, or liquifted petroleum gas, provided the applicant lists and identifies the contents of each stationary storage vessel with a volume of350 gallons or more and provides threshold values for throughput or capacity or both for each such vessel. 52.

53

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iv. Piping of fuel oils, used oil and transformer oil, provided the applicant includes a system description.

v. Storage and handling of drums or other transportable containers where the containers aresealed during storage, and covered during loading and unloading, including containers of waste and used oil regulated under the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901-6992k. Permit applicants mustprovide a description of material in the containers and the approximate amount stored. vi. Storage tanks of any size containing exclusively soaps, detergents, waxes, greases, aqueous salt solutions, aqueous solutions of acids that are not regulated air pollutants, or aqueous caustic solutions, provided the permit applicant specifies the contents of each storage tank with a volume of 350 gallons or more. vii. Electrical transformer oil pumping, cleaning, filtering, drying and the re-installation of oil back into transformers. Internal combustion engine-driven compressors,internal combustion engine-driven electrical generator sets, and internal combustion engine-drivenwater pumps used for less than 500 hours per calendar year for emergency replacement or standby service, provided the permittee keeps recordsdocumenting the hours of operation of this equipment.

C. Low Emitting Processes i. Batch mixers with rated capacity of 5 cubic feet or less. ii. Wet sand and gravel production facilities thatobtain material from subterranean and subaqueous beds, whose production rate is 200 tons/ hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissionsunits which are used to crush or grind any nonmetallic minerals. iii. Powder coating operations. iv. Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing.

v. Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively. vi. Plastic pipe welding. d. Site Maintenance i. Housekeeping activities and associated products used for cleaning purposes, including collecting spilled and accumulated materials at the source, including operation of fixed vacuumcleaning systems specifically for such purposes. ii. Sanding of streets and roads to abate traffic hazards caused by ice and snow. iii. Street and parking lot striping. iv. Architectural painting and associated surfacepreparation for maintenance purposes at industrial or commercial facilities. Sampling and Testingi. Noncommercial (in-house) experimental, analytical laboratory equipment which is benchscale in nature, including quality control/quality assurance laboratories supporting a stationary source and research and development laboratories.ii. Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions but that are not regulated as. emission units. f. Ancillary Non-Industrial Activities i. General office activities, such as paper shredding, copying, photographic activities, and blueprinting, but not to include incineration. ii. Use of consumer products, including hazardous substances as that tenn is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) where the product is used at a source in the same manner as normal consumer use. iii. Activities directly used in the diagnosis and treatment of disease, injury or other medical condition. g. Miscellaneous Activities i. Installation and operation of potable, process and waste water observation wells, including drilling, pumping, filtering apparatus. ii. Transformer vents. 69. "Kraft pulp mill" means any stationary source which produces pulp from wood by cooking or digesting wood chips in a water solution of sodium hydroxide and sodium sulfide at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill. 70. "Lead" means elemental lead or alloys in which the predominant component is lead. 71. "Lime hydrator" means a unit used to produce hydrated lime product. 72. "Lime plant" includes any plant which produces a lime product from limestone by calcination. Hydration of the lime product is also considered to be part of the source. 73. "Lime product" means any product produced by the calcination of limestone. 74. "Major modification" is defined as follows:

a. A major modification is any physical change in or change in the method of operation of a major source that would result in both a significant emissionsincrease 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 nitrogen oxides or volatile organic compounds is significant for ozone.

c. For the purposes of this definition, none of the following is a physical change or change in the method of operation: i. Routine maintenance, repair, and replacement; ii. 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; iii. Use of an alternative fuel by reason of an order or rule under section 125 of the Act; iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

V. Use of an alternative fuel or raw material by a stationary source that either:

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(1) 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 Articles 3 or 4 of this Chapter; or (2) The source is approved to use under any permit issued under 40 CFR 52,21, or under Articles 3 or 4 of this Chapter. vi. An increase in the hours of operation or in the production rate, unless the change would beprohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, 

## or under Articles 3 or 4 of this Chapter. vii. Any change in ownership at a stationary

source; viii. [Reserved.] ix. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with: (1) The SIP, and (2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated; x. For electric utility steam generating units located in attainment and unclassifiable areasonly, 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 thepotential to emit any regulated pollutant emitted by the unit. This exemption applies on a pollutant-by-pollutant basis; and xi. For electric utility steam generating units located in attainment and unclassifiable 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 R18-2- 412 for 

## a PAL for that regulated NSR pollutant. Instead, the definition of PAL major modification in R18-2-401(17) shall apply. 75. "Major source" means: a. A major source as defined in R18-2-401. b, A major source under section 112 of the Act:i. For pollutants other than radionuclides, any stationary source that emits or has the potential toemit, in the aggregate, including fugitive emission 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to 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 Article 11 of this Chapter. 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 shall notbe 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 ii. 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 determiningwhether it is a major stationary source for the purposes of section 3020) of the Act, unless the source belongs to a section 3020) category. 76. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment or a process to operate in a normal and usual manner, butdoes not include 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. 77. "Minor source" means a source of air pollution which is not a major source for the purposes of Article 4 of this Chapter and over which the Director, acting pursuant to A.R.S. § 49-402(B), has asserted jurisdiction.78. "Minor source baseline area" means the air quality control region in which the source is located. 79. "Mobile source" means any combustion engine, device, machtne or equipment that operates during transport and that emits or generates air contaminants whether in motionoratrest. A.R.S. § 49-401.01(23). 80. "Modiftcation" or "modify" means a physical change in or change in the nzethod of operation of a source that increases the emissions of any regulated air pollutantemitted by such source by more than any relevant de minimfs amount or that 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 thesource§ potential to emit before and a,Jter 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 operattonal 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. A.R.S. § 49-401.01(24). 81. "Monitoring device" means the total equipment, required under the applicable provisions of this Chapter, used to measure and record, if applicable, process parameters. 82. "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on public highways. 83. "Multiple chamber incinerator" means three or morerefractory-lined combustion chambers in series, physically separated by refractory walls and interconnected by gas passage ports or ducts.84. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. 85. "National ambient air quality standard" means the ambtent air pollutant concentration limits established by the

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Administrator pursuant to section 109 of the Act. A.R.S. § 49-401.01(25). 86. "Necessary preconstruction approvals or permits" means those permits or approvals required under the Act and those air quality control laws and rules which are part of the SIP. 87. "Net emissions increase" means: a. The amount by which the sum of subsections (87)(a)(i) and (ii) exceeds zero: i. The increase in emissions of a regulated NSR pollutant from a particular physical change orchange in the method of operation at a stationary source as calculated pursuant to R18-2- 402(D); and ii. Any other increases and decreases in actual emissions of the regulated NSR pollutant at thesource that are contemporaneous with the particular change and are otherwise creditable. iii. For purposes of calculating increases and decreases in actual emissions under subsection (87)(a)(ii), baseline actual emissions shall be determined as provided in the definition of baseline actual emissions in R18-2-401(2), except that subsections R18-2-401(a)(iii) and (b)(iv) shall not apply.b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: i. The date five years before construction on the particular change commences, and ii. The date that the increase from the particular change occurs.c. An increase or decrease in actual emissions is creditable only if the Director has not relied on it in issuing a permit, which is in effect when the increase in actual emissions from the particular change occurs. d. An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides, or PM IO which occurs before the applicable baseline date, as described in R18-2-218, 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 tothe extent that it satisfies all of the following conditions: i. The old level of actual emissions or the old level of allowable emissions, whichever islower, exceeds the new level of actual emissions. ii. It is enforceable as a practical matter at and after the time that actual construction on the particular change begins. iii. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. iv. The emissions unit was actually operated and emitted the specific pollutant.

v. For a source located in an area designated as nonattainment for the regulated NSR pollutant, the Director has not relied on it in issuing any permit under Article 4 or R18-2-334, and the state has not relied on it in demonstrating attairunent or reasonable further progress. 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 emissions unit that replaces an existing emissions unit and that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 88. "New source" means any stationary source of air pollution which is subject to an applicable new source performance standard under Article 9 of this Chapter. 89. "Nitric acid plant" means any facility producing nitric acid 30% to 70% in strength by either the pressure or atmospheric pressure process. 90. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in the Appendices to 40 CFR 60. 91. "Nonattainment area" means an area so designated by the Administrator acting pursuant to section 107 of the Act as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants. 92. "Nonpoint source" means a source of air contaminants which lacks an identifiable plume or emission point. 93. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. 94. "Operation" means any physical or chemical actionresulting in the change in location, form, physical properties, or chemical character of a material. 95. "Owner or operator" means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source. 96. "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers. 97. "Particulate matter emissions" means all finely divided solid or liquid materials other than uncombined water, emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311. 98. "Permitting authority" means the department or a county department, agency or air pollution control district that ischarged with enforcing a permit program adopted pursuant to A.R.S. § 49-480(A). A.R.S. § 49-401.01(28). 99. "Permitting exemption thresholds'.' for a regulated minor NSR pollutant means the following:
Regulated Air Pollutant Emission Rate

in tons per year (TPY)PM2,5 (primary emissions only; levels for precursors are set below) 5

PM ta 7.5
SO 2 20 NO,, 20
VOC 20
CO 50
Pb 0.3

100. "Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal govemment and any of its departments or

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agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. 101. "Planning agency" means an organization designated by the governor pursuant to 42 U.S.C. 7504. A.R.S. § 49- 401.01(29). 102. "Predictive Emissions Monitoring System" or "PEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, to monitor process and control device operational parameters and other information, and calcuiate and record the mass emissions rate on a continuous basis. 103. "PM z 5 " means particulate matter with an aerodynamic diameter less than or equal to a nomina12.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53. 104, "PM i p" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53. 105. "PM i p emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311. 106. "Plume" means visible effluent. 107. "Pollutant" means an air contaminant the emission or ambient concentration of which is regulated pursuant to this Chapter. 108, "Portable source" means any building, structure, facility, or installation subject to regulation pursuant to A.R.S. § 49-426 which emits or may emit any air pollutant and is capable of being operated at more than one location. 109. "Potential to emit" or "potential emission rate" means themaximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physicaland 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 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 issuedunder A.R.S. Title 49, Chapter 3 or the state implementation plan. 110. "Primary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as specified in Article 2 of this Chapter. 111. "Process" means one or more operations, including equipment and technology, used in the production of goods or services or the control of by-products or waste. 112, "Project" means a physical change in, or change in the method of operation of, an existing major source. 113. "Proposed permit" means the version of a permit for which the Director offers public participation under R18- 2-330 or affected state review under R18-2-307(D). 114. "Proposed final permit" means the version of a Class Ipermit or Class I permit revision that the Departhnent proposes to issue and forwards to the Administrator for review in compliance with R18-2-307(A). 115. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with commencing commercial operations by a coal-fired utility unit after a period of discontinued operation if the unit:

a. Has not been in operation for the two-year period before enactment of the Clean Air Act Amendments of 1990, and the emissions from the unit continue to be carried in the Director's emissions inventory at the tirne 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-NO,, burners before commencement of operations following reactivation; and d. Is otherwise in compliance with the Act. 116. "Reasonable further progress" means the schedule of emission reductions defined within a nonattainment area plan as being necessary to come into compliance with anational ambient air quality standard by the primary standard attainment date. 117. "Reasonably available control technology" (RACT) means devices, systems, process modifications, workpractices or other apparatus or techniques that are determined by the Director to be reasonably available taking into account:

a. The necessity of imposing the controls in order to attain and maintain a national ambient air quality standard; b. The social, environmental, energy and economic impact of the controls;

c. Control technology in use by similar sources; and d. The capital and operating costs and technical feasibility of the controls. 118. "Reclaiming machinery" means any machine, equipment device or other article used for picking up stored granular material and either depositing this material on a conveyor or reintroducing this material into the process: 119. "Reference method" means the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual; 40 CFR 50, Appendices A through K; 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 18 A.A.C. 2, Appendix 2. 120. "Regulated air pollutant" means any of the following:

a. Any conventional air pollutant. b. Nitrogen oxides and volatile organic compounds.

c. Any air contaminant that is subject to a standard contained in Article 9 of this Chapter. d. Any hazardous air pollutant as defined in Article 17 of this Chapter, .

e. Any Class I or II substance listed in section 602 of the Act. 121. "Regulated minor NSR pollutant" means any pollutant for which a national ambient air quality standard has beenpromulgated and the following precursors for such pollutants:

a. VOC and nitrogen oxides as precursors to ozone. b. Nitrogen oxides and sulfur dioxide as precursors to

PM2.5• 122. "Regulated NSR pollutant" means any of the following:a. Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this subsection as a constituent or

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precursor to such pollutant. Precursors for purposes of NSR are the following: i. Volatile organic compounds and nitrogen oxides are precursors to ozone in all areas.

H. Sulfur dioxide is a precursor to PM z 5 in all

areas. iii. Nitrogen oxides are precursors to PM z 5 in all

areas. b. Any pollutant that is subject to any standard promulgated under Article 9 of this Chapter.

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. [Reserved.] e, Notwithstanding subsections (122)(a) through (d), the term regulated NSR pollutant shall not include any or all hazardous air pollutants listed under R18- 2-I101, unless the listed hazardous air pollutant isalso regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act as of July 1, 2010. f. Particulate matter emissions, PM2

. 5 emissions, and PM t p emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On and after January 1, 2011, condensable particulate mattershall be accounted for in applicability detenninations and in establishing emissions limitations for particulate matter, PM2

. 5 and PM10 in permits issued under Article 4. 123. "Repowering" means: a, Replacing an existing coal-fired boiler with one of the following clean coal technologies: i. Atmospheric or pressurized fluidized bed combustion; ii. Integrated gasification combined cycle; iii. Magnetohydrodynamics; iv. Direct and indirect coal-fired turbines;

v. Integrated gasification fuel cells; or vi. As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative of one or more of the above technologies; and vii. 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 andgas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991, by the United States Department of Energy.

c. The Director shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Act. 124. "Run" means the net period of time during which anemission sample is collected, which may be, unless otherwise specified, either intermittent or continuous within the limits of good engineering practice.125. "SCREEN model" means the AERSCREEN air dispersion model published by the Administrator in Apri12011 and available on the Support Center for Regulatory Atmospheric Modeling web site: http://www.epa.gov/ttn/

scram. 126. "Secondary ambient air quality standards" means 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 specified in Article 2 of this Chapter.127. "Secondary emissions" means 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 facility whichwould 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. 128. "Section 3020) category" means:

a. Any of the classes of sources listed in the definition of categorical source in subsection (23); or b. Any category of affected facility which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act. 129. "Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for anypurpose, except routine phasing out of process equipment.130. "Significant" means, in reference to a significant emissions increase, a net emissions increase or a stationary source's potential to emit a regulated NSR pollutant: a. A rate of emissions that would equal or exceed any of the following rates:

Pollutant Emissions Rate

Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tpy

Sulfur dioxide 40 tpy

Particulate matter 25 tpy

PM t p 15 tpy

PM z 5 10 tpy of direct PM2.5

emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions.

VOC 40 tpy

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric acid mist 7 tpy Hydrogen sulfide (1-1 2 S) 10 tpy

Total reduced sulfur 10 tpy (including 1-12S)

Reduced sulfur com- 10 tpy pounds (including H z S)

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Municipal waste com- 3.5 x 10 -6 tpybustor organics (measured as total tetrathrough octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal waste com- 15 tpy bustor metals (measured as particulate matter) Municipal waste com- 40 tpybustor acid gases (measured as sulfur dioxide and hydrogen chloride) Municipal solid waste 50 tpylandfill emissions (measured as nonmethane organic compounds)

b. In ozone nonattainment areas classified as serious or severe, significant emissions of nitrogen oxides and VOC shall be determined under R18-2-405.

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 hasdetermined that stationary sources contribute significantly to carbon monoxide levels in that area. d. For a regulated NSR pollutant that is not listed in subsection (130)(a), any emission rate.

e. Notwithstanding the emission rates listed in subsection (130)(a), any emissions rate or any net emissions increase associated with a major source or major modification, which would be constructed within 10 kilometers of a Class I area and have an impact on the ambient air quality of such area equal to or greater than 1 mg/m3 (24-hour average). 131. "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant as defined in this Section for that pollutant. 132. "Smoke" means particulate matter resulting from incomplete combustion. 133. "Source" means any building, structure, factlity 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. A.R.S. § 49-401.01(23). 134. "Stack" means any point in a source designed to emit solids, liquids, or gases into_the air, including a pipe or duct but not including flares. 135: "Stack in existence" means that the owner or operator had either:

a. Begun, or caused to begin, a continuous program of physical onsite construction of the stack; b. Entered into binding agreements or contractual obligations, which could not be cancelled 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. 136. "Start-up" means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment. 137. "State implementation plan" or "SIP" means 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. 138. "Stationary rotating machinery" means any gas engine, diesel engine, gas turbine, or oil fired turbine operated from a stationary mounting and used for the production of electric power or for the direct drive of other equipment. 139. "Stationary source" means 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 thesame 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." 140. "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuricacid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosphere. 141. "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project operated for five years or less, and that complies with the 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. 142. "Temporary source" means a source which is portable, as defined in A.R.S. § 49-401.01(23) and which is not an affected source. 143. "Total reduced sulfur" (TRS) means the sum of the sulfurcompounds, primarily hydrogen sulfide, methyl mercaptan, dimethyl sulfrde, and dimethyl disulfide, that are released during kraft pulping and other operations and measured by Method 16 in 40 CFR 60, Appendix A. 144. "Trivial activities" means activities and emissions units, such as the following, that may be omitted from a permit or registration application. Certain of the following listed activities include qualifying statements intended to exclude similar activities: a. Low-Emitting Combustion i. Combustion emissions from propulsion of mobile sources; ii. Emergency or backup electrical generators at' residential locations; iii. Portable electrical generators that can be moved by hand from one location to another. "Moved by hand" means capable of being moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device; b. Low- Or Non-Emitting Industrial Activities i. Blacksmith forges; ii. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, sawing, grinding, turning, routing or machining of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass, or wood; iii. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in

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emission of HAP metals. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and constructionactivities that emit HAP metals are insignificant activities based on size or production level thresholds. Brazing, soldering, and welding equipment, and cutting torches directly related to plant maintenance and upkeep and repair ormaintenance shop activities that emit HAP metals are treated as trivial and listed separately in this definition; iv. Drop hammers or hydraulic presses for forging or metalworking;

V. Air compressors and pneumatically operated equipment, including hand tools; vi. Batteries and battery charging stations, except at battery manufacturing plants; vii. Drop hammers or hydraulic presses for forging or metalworking; viii. Equipment used exclusively to slaughter animals, not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment; ix. Hand-held applicator equipment for hot meltadhesives with no VOC in the adhesive formulation;

x. Equipment used for surface coating, painting, dipping, or spraying operations, except those that will emit VOC or HAP; xi. CO21asers used only on metals and other materials that do not emit HAP in the process; xii. 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; xiii. Salt baths using nonvolatile salts that do notresult in emissions of any regulated air pollutants; xiv. Laser trimmers using dust collection to prevent fugitive emissions;

xv. Process water filtration systems and demineralizers; xvi. Demineralized water tanks and demineralizer vents; xvii. Oxygen scavenging or de-aeration of water; xviii. Ozone generators; xix. Steam vents and safety relief valves;

xx. Steam leaks; and xxi. Steam cleaning operations and steam sterilizers; xxii. Use of vacuum trucks and high pressurewasher/cleaning equipment within the stationary source boundaries for cleanup and insource transfer of liquids and slurried solids to waste water treatment units or conveyances; xxiii. Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing. xxiv. Electric motors.

C. Building and Site Maintenance Activities i. Plant and building maintenance and upkeep activities, including grounds-keeping, general repairs, cleaning, painting, welding, plumbing,re-tarring roofs, installing insulation, and paving parking lots, if these activities are not conducted as part of a manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permitrevision. Cleaning and painting activities qualify as trivial activities if they are not subject toVOC or hazardous air pollutant control requirements; ii. Repair or maintenance shop activities notrelated to the source's primary business activity, not including emissions from surface coating, de-greasing, or solvent metal cleaning activities, and not otherwise triggering a permit revision; iii. Janitorial services and consumer use of janitorial products; iv. Landscaping activities;

v. Routine calibration and maintenance of laboratory equipment or other analytical instruments; vi. Sanding of streets and roads to abate traffic hazards caused by ice and snow; vii. Street and parking lot striping; viii. Caulking operations which are not part of a production process. d. Incidental, Non-Industrial Activities i. Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act; ii. Ventilating units used for human comfort that do not exhaust air pollutants into the ambientair from any manufacturing, industrial or commercial process; iii. Tobacco smoking rooms and areas; iv. Non-connnercial food preparation;

v. General office activities, such as paper shredding, copying, photographic activities, pencil sharpening and blueprinting, but not including incineration; vi. Laundry activities, except for dry-cleaning and steam boilers; vii. Bathroom and toilet vent emissions; viii. Fugitive emissions related to movement of passenger vehicles, if the emissions are notcounted for applicability purposes under subsection (144)(c) of the definition of major source in this Section and any required fugitive dust control plan or its equivalent is submitted with the application; ix. Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) where the product is used at a source in the same manner as normal consumer use;

x. Activities directly used in the diagnosis and treatment of disease, injury or other medical condition; xi. Circuit breakers; xii. Adhesive use which is not related to production. e. Storage, Piping and Packaging i. Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOC or HAP; ii. Storage tanks, reservoirs, and pumping and handling equipment of any siie containing soaps, vegetable oil, grease, animal fat, and

Supp. 12-2 Page 16 June 30, 2012Arizona Adndnistrative Code Title 18, Ch. 2
Department of Environmental Quality – Air Pollution Control

nonvolatile aqueous salt solutions, if appropriate lids and covers are used; iii. Chemical storage associated with water and wastewater treatment where the water is treatedfor consumption and/or use within the permitted facility; iv, Chemical storage associated with water and wastewater treatment where the water is treatedfor consumption and/or use within the permitted facility;

v. Storage cabinets for flammable products; vi. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities; vii. Equipment used to mix and package soaps,vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used; f. Sampling and Testing i. Vents from continuous emissions monitors and other analyzers; ii. Bench-scale laboratory equipment used forphysical or chemical analysis, but not laboratory fume hoods or vents; iii. Equipment used for quality control, quality assurance, or inspection purposes, includingsampling equipment used to withdraw materials for analysis; iv. Hydraulic and hydrostatic testing equipment;

v. Environmental chambers not using HAP gases; vi. Soil gas sampling; vii. Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions but that are not regulated as emission units; g. Safety Activities i. Fire suppression systems; ii. Emergency road flares; h. Miscellaneous Activities i. Shock chambers; ii. Humidity chambers; iii. Solar simulators; iv. Cathodic protection systems;

v. High voltage induced corona; and vi. Filter draining. 145. "Unclassified area" means an area which the Administrator, because of a lack of adequate data, is unable to classify as an attainment or nonattainment area for a specific pollutant, and which, for purposes of this Chapter, is treated as an attainment area. 146. "Uncombined water" means condensed water containing analytical trace amounts of other chemical elements or compounds. 147. "Urban or suburban open area" means an unsubdivided tract of land surrounding a substantial urban development of a residential, industrial, or commercial nature and which, though near or within the limits of a city or town, may be uncultivated, used for agriculture, or lie fallow. 148. "Vacant lot" means a subdivided residential or commercial lot which contains no buildings or structures of a temporary or permanent nature. 149. "Vapor" means the gaseous form of a substance normally occurring in a liquid or solid state. 150. "Visibility impairment" means any humanly perceptiblechange in visibility (light extinction, visual range, contrast, coloration) from that which would have existed under natural conditions. 151. "Visible emissions" means any emissions which are visually detectable without the aid of instruments and which contain particulate matter. 152. "Volatile organic compounds" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates,and ammonium carbonate, that participates in atmospheric photochemical reactions. This includes any such organic compound other than the following:

a. Methane; b. Ethane;

c. Methylene chloride (dichloromethane); d, 1,1,1-trichloroethane (methyl chloroform);

e. 1, 1,2-trichloro- 1,2,2-trifluoroethane (CFC-113); f. Trichlorofluoromethane (CFC-11);
g. Dichlorodifluoromethane (CFC-12); h. Chlorodifluoromethane (HCFC-22); i. Trifluoromethane (HFC-23); j. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); k.. Chloropentafluoroethane (CFC-115); 1. 1, 1, 1 -trifluoro 2,2-dichloroethane (HCFC-123);

m. 1,1,1,2-tetrafluoroethane (HFC-134a);

n. 1,1-dichloro 1-fluoroethane (HCFC-141b);

o. 1-chloro 1,1-difluoroethane (HCFC-142b);
p. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
q. Pentafluoroethane (HFC-125);

r. 1,1,2,2-tetrafluoroethane (HFC-134);

S. 1,1,1-trifluoroethane (HFC-143a);
t. 1,1-difluoroethane (HFC-152a);

u. Parachlorobenzotrifluoride (PCBTF);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);
y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca);

z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43- 10mee); bb. Difluoromethane (HFC-32); cc. Ethylfluoride (HFC-161); dd. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); ee. 1,1,2,2,3-pentafluoropropane (HFC-245ca); ff: 1,1,2,3,3-pentafluoropropane (HFC-245ea); gg. 1,1,1,2,3-pentafluoropropane (HFC-245eb); hh. 1,1,1,3,3-pentafluoropropane (HFC-245fa); ii. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); jj. 1,1,1,3,3-pentafluorobutane (HFC-365mfc); kk. Chlorofluoromethane (HCFC-31); 11. 1 chloro-l-fluoroethane (HCFC-151a); mm. 1,2-dichloro- 1, 1,2-trifluoroethane (HCFC-123a); nn. 1, 1, 1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C41` 9 0CH 3 );oo. 2-(difluoromethoxymethyl)- 1, 1, 1,2,3,3,3 -heptafluoropropane ((CF 3 ) 2 CFCF 2 0CH 3 ); pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9 0 C2 1

- 1 5);qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 ) 2 CFCF 2 0C 2 H 5 ; rr. Methyl acetate; and ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (nC3F70CH 3 , HFE-7000);
tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE – 7500); uu. 1,1,1,2,3,3,3-hentafluoropropane (HFC 227ea);

June 30, 2012 Page 17 Supp. 12-2Title 18, Ch. 2 ArizonaAdnainfstrative Code Department of Environmental Quality - Air Pollution Control

vv. Methyl formate (HCOOCH3): andww. (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); xx. Propylene carbonate; yy. Dimethyl carbonate; and zz. Perfluorocarbon compounds that fall into these
classes: i. Cyclic, branched, or linear, completely fluorinated alkanes. ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations. iii. Cycle, branched, or linear, completely fluorinated tertiary amines with no unsaturations; or iv. Sulfur containing perfluorocarbons with nounsaturations and with sulfur bonds only to carbon and fluorine. aaa. The following compound is 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 ofVOC emissions limitations or VOC content requirements: t-butyl acetate. 153. "Wood waste burner" means an incinerator designed andused exclusively for the burning of wood wastes consisting of wood slabs, scraps, shavings, barks, sawdust or other wood material, including those that generate steam as a by-product.

Historical Note Former Section R9-3-101 repealed, new Section R9-3- 101 adopted effective May 14, 1979 (Supp. 79-1).Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, paragraph (133) (Supp. 80-1). Editorialcorrection, paragraph (58) (Supp. 80-2). Amended effective July 9, 1980. Amended by adding new paragraphs (24), (55), (102), and (115) and renumbering accordingly,effective August 29, 1980 (Supp. 80-4). Amended effective May 28, 1982 (Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-5). Amended paragraph (133), added paragraph (156) and renumbered accordingly effective September 28, 1984 (Supp. 84-5). Amended paragraph (29) by deleting (aa) and (bb) effective August9, 1985 (Supp. 85-4). Former Section R9-3-101 renumbered without change as R18-2-101 (Supp. 87-3). Amended paragraph (98) effective December 1, 1988 (Supp. 88-4), Amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective October 7, 1994 (Supp. 94-4). Amended effective February 28, 1995 (Supp. 95-1). Amended effective August 1, 1995 (Supp. 95-3). Amended effective January 31, 1997; filed with the Office of Secretary of State January 10, 1997 (Supp. 97- 1). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effectiveSeptember 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4).Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2). R18-2-102. Incorporated Materials The following documents are incorporated by reference and are on file with the Office of the Secretary of State (1700 W. Washington St., Suite 103, Phoenix, AZ 85007) and the Department (1110 W. Washington St., Phoenix, AZ 85007): 1. Sections 1 and 7 of the Department's "Arizona Testing Manual for Air Pollutant Emissions," amended as of March 1992 (and no future editions). 2. All ASTM test methods referenced in this Chapter as ofthe year specifred in the reference (and no future amendments). They are available from the American Society for Testing and Materials, 1916 Race St., Philadelphia, PA
19103-1187. 3. The U.S. Government Printing Office's "Standard Industrial Classification Manual, 1987" (and no future editions).

Historical Note Adopted effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10,1994 (Supp. 94-2). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). R18-2-103: —Appi'rca ;'S2vfn7
—lslm ule o ted in this Chapter shall preempt or nullify any applicable requireme . mission standard in an applicable implementation plan unless Director revises the applic e implementation plan in conform e with the requirem of 40 CFR 51, Subpart F, and the Administra approves revision.

Historical Nyxo Adopted effective S 6, 1990 (Supp. 

### ,~ I Section re ,ealed, new Section adopted effective Nov

~ e?Aber_

_- 15, 1993 (Supp. 93-4).
ARTICLE 2. AMBIENT AIR QUALITY STANDARDS; AREA DESIGNATIONS; CLASSIFICATIONS R18-2-201. Particulate Matter: PMIp and PM2,5 A. PM t o Standards1. The level of the primary and secondary ambient air quality standards for PMIp is 150 micrograms per cubic meter of PM to - 24-hour average concentration, 2. To determine attainment of the primary and secondary standards, a person shall measure PM I p in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix J, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40 CFR 53, 3. The primary and secondary 24-hour ambient air quality standards for PM 1 0 are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter, determined according to 40 CFR 50, Appendix K, is less than or equal to one. B. PM2

. 4 Standards 1. The primary ambient air quality standards for PM2

. 5 are:

a. 15 micrograms per cubic meter of PM Z 5 - annual arithmetic mean concentration. b. 35 micrograms per cubic meter of PMZ 5 - 24-hour average concentration. 2. The secondary ambient air quality standards for PMZ 5

are:

Supp. 12-2 Page 18 June 30, 2012Arizona Adntinistrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

a. 15 micrograms per cubic meter of PM Z 5 — annual arithmetic mean concentration. b. 35 micrograms per cubic meter of PM 2.5 — 24-hour average concentration. 3. To determine attainment of the primary and secondary standards, a person shall measure PM 2.5 in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix L, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40 CFR 53. 4. The primary and secondary annual ambient air quality standards for PM 2 5 are met when the annual arithmetic mean concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 15 micrograms per cubic meter. 5. The primary and secondary 24-hour ambient air quality standards for PM2 .5 are met when the 98th percentile 24- hour concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 35 micrograms per cubic meter.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-201 repealed, new Section R9-3- 201 adopted effective May 14, 1979 (Supp. 79-1).Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (E) (Supp. 80-2). Amendedeffective August 29, 1980 (Supp. 80-4). Amended subsection(B)(1) and deleted subsections (C) through (E)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-201 renumbered without change as Section R18-2-201 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Section corrected to include subsection (B), which was inadvertently omitted in Supp. 05-3 (Supp. 07-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-202. Sulfur Oxides (Sulfur Dioxide) A. The primary ambient air quality standards for sulfur oxides, measured as sulfur dioxide, are: 1. 0.03 parts per million (ppm) (80 μg/m 3 ) -- annual arithmetic mean. 2. 0.14 parts per million (ppm) (365 11g/m 3 ) — maximum 24- hour concentration not to be exceeded more than once per calendar year. 3. 75 parts per billion (ppb) — maximum one-hour concentration, The one-hour primary standard is met at an ambient air quality monitoring site when the three-yearaverage 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. B. The secondary ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.5 parts per million (ppm) (1300 pg/m 3 ) -- maximum three-hour concentration not to be exceeded more than once per year. C. The level of the standards shall be measured by a referencemethod based on 40 CFR 50, Appendix A or A-1, or by a Federal Equivalent Method designated according to 40 CFR 53. D. The standards in subsections (A)(1) and (2) shall apply:1. In an area designated nonattainment for a standard in subsection (A)(1) or (2) as of August 23, 2011, and areas not meeting a state implementation plan call for a standard in subsection (A)(1) or (2), until the state submits pursuant to section 191 of the Act, and the Administrator approves, a state implementation plan providing for attainment the standard in subsection (A)(3) in that area. 2. In areas other than those identified in subsection (D)(1),until the effective date of the designation of that area, pursuant to section 107 of the act, for the standard in subsection (A)(3).

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-202 repealed, new Section R9-3- 202 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended by deleting subsections (C) through (E)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-202 renumbered without change as Section R18-2-202 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).R18-2-203. Ozone: One-hour Standard and Eight-hour Average Standard A. One-hour standard. Until June 15, 2005: 1. The one-hour ambient air quality standard for ozone is 0.12 ppm (235 micrograms per cubic meter). 2. The one-hour secondary ambient air quality standard for ozone is 0.12 ppm (235 micrograms per cubic meter). 3. The one-hour standards are attained when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 ppm (235 micrograms per cubic meter) is less than or equal to 1, determined by 40 CFR 50, Appendix H. B. Eight-hour averaged standard.1. The eight-hour average primary ambient air quality standard for ozone is 0.075 ppm. 2. The eight-hour average secondary ambient air quality standard for ozone is 0.075 ppm. 3. To determine attainment of the primary and secondary standards, a person shall measure ozone in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix D, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40 CFR 53. 4. Eight-hour average primary and secondary ambient air quality standards for ozone are met at an ambient air quality monitoring site when the three-year average of the annual fourth highest daily maximum eight-hour average ozone concentration is less than or equal to 0.075 ppm, detennined according to 40 CFR 50, Appendix P.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-204 repealed, new Section R9-3- 204 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4).Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-204 renumbered without change as Section R18-2- 204 (Supp. 87-3), Section R18-2-103 renumbered from R18-2-204 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended

June 30, 2012 Page 19 Supp. 12-2Title 18, Ch. 2 ArfzonaAdndnistrative Code Department of Environmental Quality - Air Pollution Control

by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).

A. The primary ambient air quality standards for carbon mono -
ide are: 9 parts per million (10 milligrams per cubic me r) -- maximum eight-hour concentration not to be e ceeded more th 

### an once per year, 2. 5 pa 

### rt s per million (40 milligrams per cu 

### ~ fc meter) -- aximum one-hour concentration not t°be exceeded

m

~ -cj urnaovneragp a ceper year, B. An eigh shall be considered alid if at least 75% of the h averages for the eight-ho period are available.In the event at only six or seven ho rly averages are available, the eightour average shall b computed on the basis of the hours availa le using 6 or 7 as e divisor, C. When summariz g data for co parison with the standards, averages shall be ated to on decimal place. Comparison of the data with the lels of t e standards in pa 

### rt s per million shall be made in termof i tegers with fractional pa 

### rt s of 0.5 or greater rounding up

Hi o ical Note Amended effective ece ber 22, 1976 (Supp. 76-5). Former Section R9 -205 re ealed, new Section R9-3- 205 adopted e ctive May 4, 1979 (Supp. 79-1). Amended eff



### , tive October 1979 (Supp. 79-5). Amended e ective August 29, 980 (Supp. 80 4).Amended by eleting subsections ( through (D) effective Septe er 22, 1983 (Supp. 83- Former Section R9-3-205 r numbered without change a ection R18-2- 205 (Sup . 87-3). Former Section R18-2-2 renumbered to R18- -203, new Section R18-2-204 renum ered from R18- -205 and amended effective September 1990

(Supp. 90-3). R18-2-205. Nitrogen.Oxides (Nitrogen Dioxide)A. The primary ambient air quality standards for oxides of nitrogen, measured in the ambient air as nitrogen dioxide, are: 1. 53 parts per billion - annual average concentration. 2. 100 parts per billion - one-hour average concentration.B. The secondary ambient air quality standard for nitrogen dioxide is 0.053 (parts per million (100 micrograms per cubic meter) -- annual arithmetic mean. C. The levels of the standards shall be measured by a referencemethod based on 40 CFR 50, Appendix F or a federal equivalent method designated in accordance with 40 CFR 53. D. 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. E. 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. F. The secondary standard is 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 fractionalparts 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 the manual methods, that is at least 75% complete for the scheduled sampling days in each calendar quarter.

Historical Note Amended effective December 22, 1976 (Supp. 76-5). Fonner Section R9-3-206 repealed, new Section R9-3- 206 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4).Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-206 renumbered without change as Section R18-2- 206 (Supp. 87-3). Former Section R18-2-205 renumbered to R18-2-204, new Section R18-2-205 renumbered from R18-2-206 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-206. Lead A. The primary ambient air quality standard 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. B. The secondary ambient air quality standard 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. C. 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 part 53 of this chapter. D. The national primary and secondary ambient air quality standards for lead are met when the maximum arithmetic threemonth 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. E. 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 subsections (A) and (B).

Historical Note Fonner Section R9-3-207 repealed effective May 14,1979 (Supp. 79-1). New Section R9-3-207 adopted effective October 2, 1979 (Supp. 79-5). Amended effectiveAugust 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-207 renumbered without change as Section R18-2-207 (Supp. 87-3), Former Section R18-2-206 renumbered to R18-2-205, new Section R18-2-206 renumbered from R18-2-207 and amended effective September 26, 1990 (Supp. 90-3).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp, 12-2).

408=2=207: ° .- 'Rertrmbered

- --°—

=--His ca

~ Ote FO]1rie1' ~i~ tbei

~ '' *^ n i o n nnc

~ eTr

~ e-9 m er upp,

R~ 8-2 208.-°-

- iteserved---

R18-2-210. Attainment, Nonattainment, and Unclassifiable Area Designations 40 CFR 81.303 as amended as of July 1, 2011 (and no futureamendments or editions) is incorporated by reference as an applicable requirement and on frle with the Department of Environmental Quality. 40 CFR 81.303 is available from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328,

Supp. 12-2 Page 20 June 30, 2012ArizonaAdnunfstrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

Historical Note Adopted effective November 15, 1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A:A.R. 3221, effectiveAugust 12, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-211. Reserved

R18-2-212. Reserved

R18-2-213. Reserved

R18-2-214. Reserved
R18-2-215. Ambient air quality monitoring methods and procedures A. Only those methods which have been either designated by the Administrator as reference or equivalent methods or approved by the Director shall be used to monitor ambient air. B. Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with procedures described in the Appendices to 40 CFR 58. C. The Director may approve other procedures upon a finding that the proposed procedures are substantially equivalent or superior to procedures in the Appendices to 40 CFR 58.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-215 renumbered without change asSection R18-2-215 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). R18-2-216. Interpretation of Ambient Air Quality Standards and Evaluation of Air Quality Data Unless otherwise specified, interpretation of all ambient air quality standards contained in this Article shall be in accordance with 40 CFR 50, incorporated by reference in Appendix 2 of this Chapter.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-216 repealed, new Section R9-3-216 adopted effective August 29, 1980 (Supp. 80-4). Former Section R9-3-216 renumbered without change as Section R18-2-216 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). R18-2-217. Designation and Classification of Attainment Areas A. All attainment and unclassified areas or parts thereof shall be classified as either Class I, Class II or Class III. B. Ail 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: 1. International parks; 2. National wildemess areas which exceed 5,000 acres in size; 3. National memoriai parks which exceed 5,000 acres in size; and 4. National parks which exceed 6,000 acres in size. C. The following areas shall be designated only as Class I or II: l. An area which as of August 7, 1977, exceeds 10,000 acres in size and is one of the following:

a. A national monument, b. A national primitive area,

c. A national preserve, d. A national recreational area,

e. A national wild and scenic river, f. A national wildlife refuge,
g. A national lakeshore or seashore. 2. A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size. D. All other areas shall be Class II areas unless redesignated under subsections (E) or (F). E. The Governor or the Govemor's designee may redesignateareas of the state as Class I or Class II, provided that the following requirements are fulfilled: 1. At least one public hearing is held in or near the area affected; 2. 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. 3. 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 Govemor's designee. The discussion document shall be made available for public inspection atleast 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of the availability of such discussion document. 4. 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 andrecommendations. 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. 5. The redesignation is proposed after consultation with theelected leadership of local governments in the area covered by the proposed redesignation. 6. The redesignation is submitted to the Administrator as a revision to the SIP. F The Governor or the Governor's designee may redesignate areas of the state as Class III if all of the following criteria are
met: 1. Such redesignation meets the requirements of subsection (E); 2. 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. 3. The general purpose units of local government representing a majority of the residents of the area to be redesignated concur in the redesignation; 4. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any maximum allowable increase or maximum allowable

June 30, 2012 Page 21 Supp. 12-2Title 18, Ch. 2 Arizona Adnrinistratfve Code Department of Environmental Quality — Air Pollution Control

concentration permitted under the classification of any Annual arithmetic mean 25

area; 5. For any new major source as defined in R18-2-401 or a CLASS III major modification of such source which may be permit- Particulate matter: PMZ 5 ted to be constructed and operated only if the area in

~ ual arithmetic mean 8 question is redesignated as Class III, any permit applica- 24-hr maximum 18tion or related materials shall be made available for pubParticulate matter: PM10 lic inspection prior to a public hearing. 6. The redesignation is submitted to the Administrator as a Annual arithmetic mean 34
revision to the SIP. 24-hour maximum 60
G A redesignation shall not be effective until approved by the Sulfur dioxide: Administrator as part of an applicable implementation plan. Annual arithmetic mean 40 H. Lands within the exterior boundaries of Indian reservations 24-hour maximum 182 may be redesignated only by the appropriate Indian governing 3-hour maximum 700 body. Nitrogen dioxide:

Historical Note Annual arithmetic mean 50 Adopted effective May 14, 1979 (Supp. 79-1). Amended B. The baseline concentration shall be that ambient concentration effective October 2, 1979 (Supp. 79-5). Editorial correc- level which exists in the baseline area at the time of the applition, subsection (A), paragraph (5), subparagraph (d) cable minor source baseline data. (Supp. 80-2). Amended effective May 28, 1982 (Supp. 1. The major source baseline date is: 82-3). Former Section R9-3-217 renumbered without a. January 6, 1975, for sulfur dioxide and PMIo. change as Section R18-2-217 (Supp. 87-3). Amended and b. February 8, 1988, for nitrogen dioxide. subsection (B) renumbered to Section R18-2-218 effec- c. October 20, 2010, for PM2.5. tive September 26,1990 (Supp. 90-3). Amended effective 2. The minor source baseline date shall be the earliest date

November 15, 1993 (Supp. 93-4). after the trigger date on which a major source as defined

R18-2-218. Limitation of Pollutants in Classified Attainment in R18-2-401 or major modification subject to 40 CFR

Areas 52.21 or R18-2-406 submits a complete application under

A. Areas designated as Class I, II, or III shall be limited to the fol- the relevant regulations. The trigger date is: lowing increases in air pollutant concentrations occurring over a. August 7, 1977, for PM 10 and sulfur dioxide. the baseline concentration; provided that for any period other b. Febraary 8,1988, for nitrogen dioxide. than an annual period, the applicable maximum allowable c. October 20, 2011, for PM2.5. increase may be exceeded once per year at any one location: 3. A baseline concentration shall be determined for each pollutant for which there is a minor source baseline date

CLASS I and shall include both:

Maximum Allowable a. The actual emissions representative of sources in Increase (Micrograms existence on the minor source baseline date, except per cubic meter) as provided in subsection (13)(4); and

Particulate matter: PM Z 5 b. The allowable emissions of major sources as defined in R18-2-401 which commenced construction before Annual arithmetic mean 1 the major source baseline date but were not in opera24-hr maximum 2 tion by the applicable minor source baseline date. Particulate matter: PM 10 4. The following shall not be included in the baseline conAnnual arithmetic mean 4 centration and shall affect the applicable maximum 24-hour maximum 8 allowable increase: Sulfur dioxide: a. Actual emissions from any major source as defined
Annual arithmetic mean 2 in R18-2-401 on which construction commenced

24-hour maximum 5 after the major source baseline date; and

3-hour maximum 25 b. Actual emissions increases and decreases at any staNitrogen dioxide: tionary source occurring after the minor source baseAnnual arithmetic mean 2•5 line date. C. The baseline date shall be established for each pollutant forwhich maximum allowable increases or other equivalent meaCLASS II sures have been established if both: Particulate matter: PM 2.5 1. The area in which the proposed source or modification Annual arithmetic mean 4 would construct is designated as attainment or unclassifi24-hr maximum 9 able under section 107(d)(1)(A)(ii) or (iii) of the Act for
Particulate matter: PM10 the pollutant on the date of its complete application under

Annual arithmetic mean 17 40 CFR 52.21 or R18-2-406; and

24-hour maximum 30 2. In the case of a major source as defined in R18-2-401, the

Sulfur dioxide: pollutant would be emitted in significant amounts, or inthe case of a major modification, there would be a signif20 Annual arithmetic mean icant net emissions increase of the pollutant. 24-hour maximum 91 D. The baseline area shall be the AQCR that contains the area, 3-hour maximum 512 designated as attainment or unclassifiable under section Nitrogen dioxide: 107(d)(1)(A)(ii) or (iii) of the Act, in which the major source

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Department of Environmental Quality — Air Pollution Control

as defined in R18-2-401 or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the minor source baseline date is established, as follows: greater than or equal to1 microgram per cubic meter (annual average) for sulfur dioxide, nitrogen dioxide or PM 10 ; or greater than or equal to 0.3 microgram per cubic meter (annual average) for PM Z 5 . Area redesignations under R18-2-217 that would redesignate a baseline area may not intersect or be smaller than the area of impact of any new major source as defined in R18-2-401 or a major modification which either: 1. Establishes a minor source baseline date, or 2. Is subject to either 40 CFR 52.21 or R18-2-406 and would be constructed in Arizona. E. The maximum allowable concentration of any air pollutant in any area to which subsection (A) applies shall not exceed aconcentration for each pollutant equal to the concentration permitted under the ambient air quality standards contained in this Article. F. For purposes of determining compliance with the maximumallowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account: 1. Concentration of such pollutant attributable to the increase in emissions from major and stationary sourceswhich 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 provisionsof 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; 2. The concentration of such pollutant attributable to the increase in emissions from major and stationary sourceswhich have converted from using gas by reason of a natural gas curtailment plan in effect pursuant to 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; 3. Concentrations of PM to attributable to the increase in emissions from construction or other temporary activities of a new or modified source; 4. The increase in concentrations attributable to new sourcesoutside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and 5. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides, or PMto from major sources as defined in R18-2-401 when the following conditions are met:a. The operating permit issued to such sources specifies the time period during which the temporary emissions increase of sulfur dioxide, nitrogen oxides, or PM to would occur. Such time period shall not be renewable and shall not exceed two years unless a longer period is specifically approved by the Director. b. No emissions increase shall be approved which would either: i. 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 ii. Cause or contribute to the violation of a state ambient air quality standard. c. The operating permit issued to such sources specifies that, at the end of the time period described in subsection (F)(5)(a), the emissions levels from the sources would not exceed the levels occurring before the temporary emissions increase was approved.6. The exception granted with respect to increment consumption under subsections (F)(1) and (2) shall not apply more than five years after the effective date of the order or natural gas curtailment plan on which the exception is based. C. If the Director or the Administrator determines that the SIP is substantially inadequate to prevent significant deterioration or that an applicable maximum allowable increase as specified in subsection (A) is being violated, the SIP shall be revised 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 Administrator, orby such later date as prescribed by the Administrator after consultation with the Director.H. The Director 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.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (5), subparagraph (d) (Supp. 80-2), Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-217 renumbered withoutchange as Section R18-2-217 (Supp. 87-3). Former Section R18-2-218 renumbered to R18-2-219, new Section R18-2-218 renumbered from R18-2- 217(B) and amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1)..Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Historical Note Aabpl

, ecd effective May 14, 1979 (Supp. 79-1). Fo r Sectio -3-218 repealed, new Section 218 adopted effec ' e September 22, 19 upp. 83-5). Former Section R9- 8 renu ed without change as Section R18-2-218 (Su -3). Former Section R18-2- 219 renumbered 8 2-22 , w Section R18-2-219 renumbered m R18-2-218 and 

# ~ effectiv e Septemb 6,1990 (Supp. 90-3). Sectio final emaking at 18 A.A.R. 1542, effect 2012

(Supp. 12-2).

ocedures shall be implemented by the Director in order to
prev he occun•ence of ambient air pollutant concentr ' ns which wo ause significant harm to the health persons, as specified in s ction (B)(4). The proce es and actions required for each stage described in epartment's "Procedures for Prevention of e Episodes," amended asof October 18, 1988 and no r dition), which is incorporated herein by refer

( enc nd on file ' h the Office of the Secretary of State. The following ges are identified by air quali riteria in B. order to pr ide for sequential emissions reductions, blic notific ' n and increased Department monitoring and forec

res sibilities. The declaration of any stage, and the area of

June 30, 2012 Page 23 Supp. 12-22. A Ste II air pollution warning

any o the warning level concent tion (4) are exceeded at any n meteor logical conditions indicE continuce or recurrence of cor pollutant exceeding the warning quent 24= our period. If, 48 h been initia ly declared, air polJ 

## ~ ii meteorolog al conditions do 

## ~ t stage shall e declared mented. 3. A Stage III a pollution when any of th eme subsection (B)( are when meteorolo 'cal be a continuance r same pollutant exce subsequent24-hourl 4. Summary of emergey els: / shall e declared whenrati s listed in subsecon' oring site and when de that there will be a ntrations of the sameevel during the subsezrs after a warning has tion concentrations and improve, the emergency control actions imple-



# ~ mergency shall be declared level concentrations listed in eded at any monitoring site and ditions indicate that there will rence of concentrations of the the emergency level during the

episode and significant harm levTitle 18, Ch. 2 Arizorea Adrninistrative Code Department of Environmental Quality — Air Pollution Control

state affected, shall be based on air quality measuremen meteorological analysis and forecast. A Stage I air pollution alert shall be declared when of the alert level concentrations listed in subsection )(4) are exceeded at any monitoring site and when teorological conditions indicate that there will be a ontinuce or recurrence of alert level concentratio s for the ame pollutant during the subsequent 24-hou period. If,hours after an alert has been initially decl ed, air pollu ion concentrations 

### an d meteorological nditions do n improve, the warning stage control a ions shall be im lemented but no watning shall be dec ed, unless airaua itv has deteriorated to the extent des ibed in subsecPollutant Averaging

Time A rt W ning Emergency Significant Harm

Carbon 1-hr 144 monoxide (mg/m 3 ) 4-hr - 86.3

8-hr 17 34 46 57.5 Nitrogen 1-hr 1,130 2,260 3,000 3,750 dioxide (ug/m 3 ) 24-hr 282 565 750 938 Ozone 1-hr .2 .4 .5 .6 (ppm) PM 10 24-hr 350 420 500 600
(ug/m 3 ) Sulfur 24- 800 1,600 100 2,620 dioxide

Historical Note Adopted effective May 14, 1979 (Supp. 79-1) Editorial correct'on, subsection (B), paragraph (2) (Sup . 80-1). Editori co 

### rr ection, subsection (A) (Supp. 80-2). Former Se tion R9-3-219 repealed, new Section R9-3 19 ad ted effective May 28, 1982 (Supp. 82-3). Fo er Sec ion R9-3-219 renumbered without change as Se tion R-2-219 (Supp. 87-3). Section R18-2-220 renumb ed from R18-2-219 and amended effective September 2

1990 (Supp. 90-3).

ARTICLE 3. PERMITS AND PERMIT REVISIONS

R18-2-301. Definitions The following defrnitions apply to this Article: 1. "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to produce results adequate for the Director's determination of compliance in accordance with R18-2-311(D). 2. "Billable pennit action" means the issuance or denial of a new permit, significant permit revision, or minor permit revision, or the renewal of an existing permit. 3. "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment. 4. "CEM" means a continuous emission monitoring system as defined in R18-2-101. 5. "Complete" means, in reference to an application for apermit, permit revision or registration, that the application contains all the information necessary for processing the application. Designating an application complete forpurposes of a pennit, permit revisions or registration processing does not preclude the Director from requesting or accepting any additional information. 6.. "Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by any of the following:

a. Using that portion of a stack which exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. 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 one 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: i. The reheating of a gas stream, following use of a pollution control system, for the purpose of retarning the gas to the temperature at which itwas originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility thatincludes 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 themerging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit

Supp. 12-2 Page 24 June 30, 2012ArizonaAdministrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

for greater dispersion. Absent a demonstration by the source owner or operatorthat merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of suchmerging in calculating the allowable emissions for the source. iii. Smoke management in agricultural or silvicultural prescribed burning programs. iv. Episodic restrictions on residential woodburning and open buming.

v. Techniques which increase final exhaust gasplume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 7. "Emissions allowable under the permit" means a permit term or condition determined at issuance to be requiredby an applicable requirement that establishes an emissions limit (including a work practice standard) or an emissions cap that the source has assumed to avoid anapplicable requirement to which the source would otherwise be subject. 8. "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer. 9. "Fuel oil" means Number 2 through Number 6 fuel oils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTIVI D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90a (Specification for Diesel Fuel Oils). 10. "Itemized bill" means a breakdown of the permit processing time into the categories of pre-application activities, completeness review, substantive review, and publicinvolvement activities, and within each categoiy, a further breakdown by employee name. 11. "Major source threshold" means 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 the definition of major source in R18-2-101. 12. "Minor NSR Modification" means 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: i. Increases the potential to emit of a regulated minor NSR pollutant by an amount greater than the permitting exemption thresholds, or ii. Results in emissions of a regulated minor NSRpollutant not previously emitted by such emission unit or stationary source in an amountgreater than the permitting exemption thresholds. 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 permitting exemption threshold. c. A change covered by subsection (12)(a) or (b) of this Section 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 permitting exemption 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 subsection the following do not constitute a physical change or change in the method of operation: i. A change consisting solely of the construction of, or changes to, a combination of emissions units qualifying as a categorically exempt activity. ii. For a stationary source that is required to obtain a Class II permit under R18-2-302 and that is subject to source-wide emissions caps under R18-2-306.01 or R18-2-306.02, a change that will not result in the violation of the existing emissions cap for that regulated minor NSR pollutant. iii. Replacement of an emission unit by a unit witha potential to emit regulated minor NSR pollutants that is less than or equal to the potential toemit 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. iv. Routine maintenance, repair, and replacement.

v. 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 to 825r. vi, Use of an alternative fuel by reason of an order or rule under Section 125 of the Act. vii. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste. viii. Use of an alternative fuel or raw material by a stationary source that either: (1) 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 Articles 3 or 4 of this Chapter; or (2) The source is approved to use under any permit issued under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. ix. An increase in the hours of operation or in the production rate, unless the change would beprohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. x. Any change in ownership at a stationary source xi. The installation, operation, cessation, or removai of a temporary clean coal technology demonstration project, if the project complies with: (1) The SIP, and (2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. xii. For electric utility steam generating units located in attainment and unclassiflable areas

June 30, 2012 Page 25 Supp. 12-2Title 18, Ch. 2 ArizonaAdmfnistratfve Code
Department of Environmental Quality — Air Pollution Control

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 any regulated pollutant emitted by theunit. This exemption applies on a pollutant-bypollutant basis. xiii. For electric utility steam generating units located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit. e. For purposes of this subsection: i. "Potential to emit" means the lower of a source's or emission unit's potential to emit or its allowable emissions. ii. In determining potential to emit, the fugitive emissions of a stationary source shall not beconsidered unless the source belongs to a section 3020) category. iii. All of the roadways located at a stationary source constitute a single emissions unit. 13 "NAICS" means the five- or six-digit North AmericanIndustry Classification System-United States, 1997, number for industries used by the U.S. Department of Commerce. 14. "Permit processing time" means all time spent by Air Quality Division staff or consultants on tasks specifically related to the processing of an application for the issuance or renewal of a particular permit or permit revision, including time spent processing an application that is denied. 15. "Quantifiable" means, with respect to emissions, including the emissions involved in equivalent emission limitsand emission trades, capable of being measured or otherwise determined in terms of quantity and assessed interms of character. Quantification may be based on emission factors, stack tests, monitored values, operating ratesand averaging times, materials used in a process or production, modeling, or other reasonable measurement practices. 16. "Registration" means a registration under R18-2-302.01. 17. "Replicable" means, with respect to methods or procedures, sufficiently unambiguous that the same or equivalent results would be obtained by the application of the method or procedure by different users. 18. "Responsible official" means one of the following: a. For a corporation: a president, secretary, treasurer, orvice-president of the corporation in charge of a principal business function, or any other person whoperforms 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: i. The facilities employ more than 250 persons orhave gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or ii. The delegation of authority to such representatives is approved in advance by the permitting authority; b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

c. For a municipality, state, federal, or other publicagency: Either a principal executive officer or ranking elected official. For the purposes of this Article, a principal executive officer of a federal agencyincludes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or d. For affected sources: i. The designated representative in so far asactions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and ii. The designated representative for any other purposes under 40 CFR 70. 19. "Small source" means a source with a potential to emit, without controls, less than the rate defined as permitting exemption thresholds in R18-2-101, but required to obtain a permit solely because it is subject to a standard under 40 CFR 63. 20. "Startup" means the setting in operation of a source for
any purpose. 21. "Synthetic minor" means a source with a permit that contains voluntarily accepted emissions limitations, controls, or other requirements (for example, a cap on production rates or hours of operation, or limits on the type of fuel) under R18-2-306.01 to reduce the potential to emit to a level below the major source threshold. 22. "Uncontrolled potential, to emit" means the maximumcapacity of a stationary source to emit a pollutant, 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 hoursof operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is subject to an elective limit under R18-2- 302.01(F).

Historical Note Former Section R18-2-301 renumbered to R18-2-302, new Section R18-2-301 adopted effective September 26, 1990 (Supp. 90-3). Correction to table in subsection (A)(13) (Supp. 93-1). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amendedeffective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Arnended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2). R18-2-302. Applicability; Registration; Classes of Permits A. Except as otherwise provided in this Article, no person shall begin actual construction of, operate, or make a modificationto any stationary source subject to regulation under this Article, without obtaining a registration, permit or permit revision from the Director. B. Class I and II permits and registrations shall be required as follows: 1. A Class I permit shall be required for a person to begin actual construction of or operate any of the following:

a. Any major source, b. Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act,

c. Any affected source, or

Supp. 12-2 Page 26 June 30, 2012Arizona Adminfstrative Code Title 18, Ch. 2 Department of Environmental Quality — Air Pollution Control

d. Any stationary source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Director by rule. 2. Unless a Class I permit is required, a Class II permit shall be required for:

a. A person to begin actual construction of or operateany stationary source that emits or has the uncontrolled potential to emit, significant quantities of regulated NSR pollutants; b. A person to make a physical or operational change to a stationary source that would cause the source toemit, or have the uncontrolled potential to emit significant quantities of regulated NSR pollutants.

c. A person to begin actual construction of a source subject to Article 17 of this Chapter. d. A person to make a modification subject to Article 17 of this Chapter to a source for which a permit has not been issued under this Article.

e. A person to begin actual construction of or modify a stationary source that otherwise would be subject to registration but that the Director has determined requires a permit under R18-2-302.01(13)(3)(b). Until the effective date of the Administrator's approval of the registration program in R18-2-302.01 into the state implementation plan, unless a Class I permit is required, a Class II permit shall be required for any of the activities that would require a registration under subsections (13)(4)(b) and (c). 4. After the effective date of the Administrator's approval of R18-2-302.01 into the state implementation plan, unless a Class I or II permit is required, registration shall be required for: a. A person to begin actual construction of or operate any stationary source that emits or has the maximum capacity to emit under its physical and operational design, without taking any limitations on operations or air pollution controls into account, any regulated minor NSR pollutant in an amount greater than or equal to a permitting exemption threshold. b. A person to begin actual construction of or operate any stationary source subject to a standard under section 111 of the Act, except that a stationary source is not required to register solely because it is subject to any of the following standards: i. 40 CFR 60, Subpart AAA (Residential Wood Heaters). ii. 40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines). iii. 40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines). c. A person to begin actual construction of or operateany stationary source, including an area source, subject to a standard under section 112 of the Act,except that a stationary source is not required to register solely because it is subject to any of the following standards: i. 40 CFR 61.145. ii. 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines). iii. 40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers).iv, 40 CFR 63, Subpart CCCCCC (Gasoline Distribution).v. 40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations). vi, 40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources), published at 76 FR 15554 (March 21, 2011). vii. A regulation or requirement under section 112(r) of the Act. d. A physical or operational change to a source thatwould cause the source to emit or have the maximum capacity to emit under its physical and operational design, without taking any limitations on operations or air pollution control into account, anyregulated minor NSR pollutant in excess of a permitting exemption threshold.C. Notwithstanding subsections (A) and (B), the following stationary sources do not require a penmit or registration unlessthe source is a major source, or unless operation without a permit would result in a violation of the Act: 1. A stationary source that consists solely of a single categorically exempt activity plus any combination of trivial activities. 2. Agricultural equipment used in normal farm operations. "Agricultural equipment used in normal farm operations" does not include equipment classified as a source thatrequires a permit under Title V of the Act, or that is subject to a standard under 40 CFR 60, 61 or 63. 

# m No person may construct or reconstruct any major source of hazardous air pollutants, unless the Director determines that maximum achievable control technology emission limitation (MACT) for new sources under Section 112 of the Act will be met. If MACT has not been established by the Administrator,such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in R18-2-1101(B). For purposes of this subsection, constructing and reconstructing a major source shall have the meaning prescribed in 40 CFR 63.41. E. Elective limits or controls adopted under R18-2-302.01(F) shall not be considered in determining whether a source requires registration but shall be considered in determining any of the following: 1. Whether the registration is subject to the public participation requirements of R18-2-330, as provided in R18-2- 302.01(B)(3)(a). 2. Whether review for possible interference with attainment or maintenance of ambient standards is required under R18-2-3 02.01(C). 3. Whether the source requires a Class JI permit, as provided in subsection (13)(2)(a) or (b).F. The fugitive emissions of a stationary source shall not be considered in detennining whether the source requires a Class II permit under subsection (13)(2)(a) or (b) or a registration undersubsection (13)(4)(a) or (e), unless the source belongs to a section 3020) category. If a permit is required for a stationary source, the fugitive emissions of the source shall be subject to all of the requirements of this Article. G. Notwithstanding subsections (A) and (B) of this Section, a person may begin actual construction, but not operation, of a source requiring a Class I permit or Class I permit revision upon the Director's issuance of the proposed final permit or proposed final permit revision.

Historical Note Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2), Amended effective May 10, 1976 (Supp. 76-3). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-301 repealed, new Section R9-3-301

June 30, 2012 Page 27 Supp. 12-2Title 18, Ch. 2`"°. ArizonaAdnunistrative Code Department of Environmental Quality

— Air Pollution Control

adopted effective May 14, 1979 (Supp. 79-1). Amended C. Review for NAAQS Compliance; Requirement to Obtain a effective October 2, 1979 (Supp. 79-5). Amended effec- Permit. tive July 9, 1980 (Supp. 80-4). Amended effective May 1. The Director shall review each application for registra28, 1982 (Supp. 82-3). Amended subsections (B) and (C) tion of a source with the uncontrolled potential to emit effective September 22, 1983 (Supp. 83-5). Amended any regulated minor NSR pollutant in an amount equal to subsection (B), paragraph (3) effective September 28, or greater than the permitting exemption threshold. The 1984 (Supp, 84-5). Former Section R9-3-301 renumbered purpose of the review shall be to determine whether the without change as Section R18-2-301 (Supp. 87-3). For- new or modified source may interfere with attainment or mer Section R18-2-302 renumbered to R18-2-302.01, maintenance of a standard imposed in Article 2 of this new Section R18-2-302 renumbered from R18-2-301 and Chapter. In making the determination required by this amended effective September 26, 1990 (Supp. 90-3). Sec- subsection, the Director shall take into account the foltion repealed, new Section adopted effective November lowing factors: 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 a. The source's emission rates, including fugitive emis- (Supp. 98-2). Amended by final rulemaking at 12 A.A.R. sion rates, taking into account any elective limits or 1953, effective January 1, 2007 (Supp. 06-2). Amended controls adopted under subsection (F). by final rulemaking at 18 A.A.R. 1542, effective August b. The location of emission units within the facility and

7, 2012 (Supp. 12-2). their proximity to the ambient air.
R18-2-302.01. Source Registration Requirements c. The terrain in which the source is or will be located.

A. Application. An application for registration shall be submitted d. The source type,

e. The location and emissions of nearby sources. on the form specified by the Director and shall include the fol- f. Background concentrations of regulated minor NSR lowing information: pollutants. 1. The name of the applicant. 2. The physical location of the source, including the street 2• The Director may undertake the review specifred in subaddress, city, county, zip code and latitude and longitude section (C)(1) for a source with the uncontrolled potential

coordinates. to emit regulated minor NSR pollutants in an amount less

3. The source's uncontrolled potential to emit each regu- than the permitting exemption threshold. 3. If the Director determines under subsection (C)(1) or lated minor NSR pollutant calculated in accordance with (C)(2) that a source's emissions may interfere with attain- R18-2-327(C). 4. Identifrcation of any elective limits or controls adopted ment or maintenance of a standard imposed in Article 2
under subsection (F), of this Chapter, the Director shall perform a SCREEN

5. In the case of a modification, each increase in the model run for each regulated minor NSR pollutant for which that determination has been made. source's potential to emit that exceeds the applicable 4. If the Director determines, based on performance of the threshold in subsection (G)(1)(a). 6. Identifrcation of the method used to determine the poten- SCREEN model pursuant to subsection (C)(3), that a
tial to emit or change in potential to emit specifred under source's emissions, taking into account any elective limits or controls adopted under subsection (F), will interfere R18-2-302(B)(4)(a) or (d) or subsection (G)(1)(a) of this with attainment of a standard imposed in Article 2 of this Section, 7. Process information for the source, including a list of Chapter, the Director shall deny the application for regisemission units, design capacity, operations schedule, and tration. Notwithstanding R18-2-302(B)(4), the owner or operator of the source shall be required to obtain a permit identifrcation of emissions control devices. under R18-2-302 and shall comply with R18-2-334 B. Registration Processing Procedures. 1. The Department shall complete a review of a registration before beginning actual construction of the source or
application for administrative completeness within 30 modification, D. Notwithstanding R18-2-302(B)(4)(b) and (c), the Director calendar days, calculated in accordance with A.A.C. R18- shali deny an application for registration for a source subject to 1-503, after its receipt. 2. The Department shall complete a substantive review and a standard under section 111 or 112 of the Act and require the
take final action on a registration application within 60 owner or operator to obtain a permit under R18-2-302, if the Director determines based on the following factors that the calendar days if no hearing is requested, and 90 calendar requirement to obtain a permit is warranted: days if a hearing is requested, calculated in accordance 1. The size and complexity of the source. with A.A.C. R18-1-504, after the application is adminis- 2. The complexity of the section 111 or 112 standard appli- tratively complete. cable to the source. 3. Public Participation.

a. Except as provided in subsection (B)(3)(b), a regis- 3. The public liealth or environmental risks posed by the
tration for construction of a source shall be subject pollutants subject to regulation under the section 111 or 112 standard. to the public notice and participation requirements E. Registration Contents. A registration shall contain the follow of R18-2-330. The materials relevant to the registra- ing elements: tion decision made available to the public under 1. Identification of each emission unit subject to an applica- R18-2-330(D)(11) shall include any determination ble requirement and all applicable requirements that made or modeling conducted by the Director under apply to the unit, including any testing, monitoring, subsection (C). b. A registration for construction of a source shall not recordkeeping and reporting obligations imposed by the
be subject to the public notice and participation applicable requirement or by R18-2-312. 2. Any elective limits or controls and associated operating, requirements of R18-2-330, if the source's uncon- maintenance, monitoring and recordkeeping require- trolled potential to emit each regulated minor NSR ments adopted pursuant to subsection (F). pollutant is less than the applicable permitting exemption threshold.

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3. A requirement to retain any records required by the registration at the source for at least three years in a form that is suitable for expeditious inspection and review. 4. For any source that has adopted elective limits or controls under subsection (F), a requirement to submit an annual compliance report on the form provided by the Director in the registration. F. Elective Limits or Controls. The owner or operator of a source requiring registration may elect to include any of the followingemission limitations in the registration, provided the registration also includes the operating, maintenance, monitoring and recordkeeping requirements specifred below for the limitation. l. A limitation on the hours of operation of any process or combination of processes. The owner or operator shallmaintain a log or readily available business records showing actual operating hours through the preceding operating day for the process or processes subject to the limitation. 2. A limitation on the production rate for any process or combination of processes. The owner or operator shallmaintain a log or readily available business records showing the actual production rate through the preceding operating day for the process or processes subject to the limitation. 3. A requirement to operate a fabric filter for the control of particulate matter emissions.

a. The owner or operator shall operate the fabric frlter at all times that the emission unit controlled by the fabric filter is operated. b. The owner or operator shall inspect the fabric frlter at least once per month for tears and leaks and shall promptly repair any tears or leaks identified.

c. The owner or operator shall operate and maintain thefabric filter in substantial compliance with the manufacturer's operation and maintenance recommendations. d. The owner or operator shall keep a log or readily available business records of the inspectionsrequired by subsection (F)(3)(b) and the maintenance activities required by subsection (F)(3)(c). 4. Limitations on the concentration of VOC or hazardous air pollutants in process materials. The owner or operator shall maintain a log or readily available business recordsshowing the VOC or hazardous air pollutant concentration in each material subject to such a limitation used during the current calendar year. tH Revised Registrations. 1. Unless a Class II permit is required under R18-2- 302(B)(2)(b), the owner or operator of a registered source shall frle a revised registration on the occurrence of any of the following: a. A modification to the source that would result in an increase in the source's uncontrolled potential to emit exceeding any of the following amounts: i. 2,5 tons per year for NO,, S02, PM t p, PM Z 5

, VOC or CO. ii. 0.3 tons per year for lead. b. Relocation of a portable source. c. The transfer of the source to a new owner. 2. The requirements of subsection (B) shall not apply to a revised registration. The owner or operator may beginactual construction and operation of the modified, relocated or transferred source on filing the revised registration. H. Registration Term. 1. A source's registration shall expire five years after the date of issuance of the last registration for the source or any modification to the source. 2. A source shall submit an application for renewal of a registration not later than six months before expiration of the registration's term. 3. If a source submits a timely and complete application for renewal of a registration, the source's authorization to operate under its existing registration shall continue until the Director takes final action on the application. 4. The Director may terminate a registration under R18-2- 321(C). If the Director terminates a registration under R18-2-321(C)(3), the owner or operator shall be required to apply for a permit for the source under R18-2-302. I. Delayed Effective Date, This Section shall take effect on the effective date of the Administrator's action approving it as part of the state implementation plan.

Historical Note Amended effective August 7, 1975 (Supp. 75-1); Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective October 2, 1979 (Supp. 79-5). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-302 renumbered without change as SectionR18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section R18-2-302 and amended effectiveSeptember 26, 1990 (Supp. 90-3). Section repealed effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).R18-2-303. Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition A. An installation or operating permit issued before September 1, 1993, and the authority to operate, as provided in Laws 1992,Ch. 299, § 65, continues in effect until the installation or operating permit is terminated, or until the Director issues or denies a Class I or Class II pennit to the source, whichever is earlier. B. The terms and conditions of installation permits issued before September 1, 1993, or in permits or permit revisions issuedunder R18-2-302 and authorizing the construction or modification of a stationary source, remain federal applicable requirements unless modified or revoked by the Director. C. All sources in existence on September 1, 2012, requiring a registration shall provide notice to the Director by no later than December 1, 2012, on a form provided by the Director. D. All sources requiring a registration that are in existence on the date R18-2-302.01 becomes effective under R18-2-302.01(I) may submit applications for registration at any time after R18- 2-302.01 is effective and shall submit an application no later than 180 days after receipt of written notice from the Director that an application is required. Applications to register the construction or modification of a source must be submitted, and the registration must be issued, before the applicant begins actual construction of the source or modifrcation. E. Sources in existence on the date R18-2-334 becomes effective under R18-2-334(I) are not subject to R18-2-334, unless thesource undertakes a minor NSR modifrcation. Notwithstanding any other provision of this Chapter, R18-2-334 shall apply only to applications for permits or permit revisions filed after the date R18-2-334 takes effect under R18-2-334(I).

June 30, 2012 Page 29 Supp. 12-2Title 18, Ch. 2 Arizona Adnrinistrative Code Department of Environmental Quality — Air Pollution Control

Historical Note Amended effective August 7, 1975 (Supp. 75-1). Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective May 14, 1979 (Supp. 79-1). Fonner Section R9-3-303 repealed, new Section 119-3-303 adopted effective October 2, 1979 (Supp. 79-5). Amended effective May 28,1982 (Supp. 82-3). Amended subsection (D), paragraph (1) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-303 renumbered without change as Section R18-2-303 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3).Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Amended by frnal rulemaking at 18 A.A.R.1542, effective August 7, 2012 (Supp. 12-2). R18-2-304. Permit Application Processing Procedures A. Unless otherwise noted, this Section applies to each source requiring a Class I or II permit or permit revision. B. Standard Application Fonn and Required Information. To apply for any permit in this Chapter, applicants shall completethe "Standard Permit Application Form" and supply all information required by the "Filing Instructions" as shown inAppendix 1. The Director, either upon the Director's own initiative or on the request of a permit applicant, may waive a requirement that specific information 

## or data be submitted in the application foir a Class II pennit forr a particular source orcategory of sources if the Director detennines that the information or data would be unnecessary to determine all of the following: 1. The applicable requirements to which the source may be subject; 2. That the source is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causingto be emitted air contaminants in violation of the provisions of A.R.S. Title 49, Chapter 3, Article 2 and this Chapter; 3. The fees to which the source may be subject; 4. A proposed emission limitation, control, or other requirement that meets the requirements of R18-2-306.01 or R18-2-306.02. C. A timely application is: 1. 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. 2. 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. 3. Any source under R18-2-326(A)(3) which becomes subject to a standard promulgated by the Administrator pursuant to 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. D. If an applicable implementation plan allows the detenninationof an alternative 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 theapplicable implementation plan. The source shall also demonstrate that the equivalent limit is quantifiable, accountable,enforceable, and subject to replicable compliance determination procedures. E. A complete application shall comply with all of the following: 1. To be complete, an application shall provide all information required by subsection (B) (standard application form section). An application for pennit revision only need supply information related to the proposed change, unless the source's proposed perniit revision will change the permit from a Class II permit to a Class I permit. Aresponsible official shall certify the submitted information consistent with subsection (II) (Certification of Truth, Accuracy, and Completeness). 2. An application for a new permit or pennit revision shallcontain an assessment of the applicability of the requirements of Article 4 of this Chapter. If the.applicant determines that the proposed new source is a major source as defined in R18-2-401, or the proposed pennit revision constitutes a major modification as defined in R18-2-101, then the application shall comply with all applicable requirements of Article 4. 3. An application for a new permit or pennit revision shall contain an assessment of the applicability of Minor NewSource Review requirements in R18-2-334. If the applicant determines that the proposed new source is subject to R18-2-334, or the proposed pennit revision constitutes aMinor NSR Modification, then the application shall comply with all applicable requirements of R18-2-334. 4. An application for a new permit or a permit revision shallcontain an assessment of the applicability of the requirements established under Article 17 of this Chapter. If the applicant determines that the proposed new source pennit or permit revision is subject to the requirements of Article 17 of this Chapter, the application shall comply with all applicable requirements of that Article. 5. Except for proposed new major sources or major modifications subject to the requirements of Article 4 of thisChapter, an application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete unless, within 60 days of receipt of the application, the Director notifies the applicant by certified mail that the application is not complete. 6. If a source wishes to voluntarily enter into an emissions limitation, control, or other requirement pursuant to R18-2-306:01, the source shall describe that emissions limitation, control, or other requirement in its application,along with proposed associated monitoring, recordkeeping, and reporting requirements necessary to demonstratethat the emissions limitation, control, or other requirement is permanent, quantifrable, and otherwise enforceable as a practical matter. 7. If, while processing an application that has been determined or deemed to be complete, the Director detennines that additional information is necessary to evaluate or take final action on that application, the Director may request such information in writing and set a reasonabledeadline for a response. Except for minor permit revisions as set forth in R18-2-319, a source's ability to continue operating without a permit, as set forth insubsection (J), 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 Director,7. The completeness determination shall not apply to revisions processed through the minor permit revision process.9. Activities which are insignificant pursuant to the definition of insigni6cant activities in R18-2-101 shall be listedin the application. The application need not provide emisSupp. 12-2 Page 30 June 30, 2012Arizonn Arlministrntive Code Title 18. Ch. 2
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## a

H. sions data regarding insignifrcant activities. If the Director determines that an activity listed as insignifrcant doesnot meet the requirements of the defrnition of insignifrcant activities in R18-2-101, the Director shall notify the applicant in writing and specify additional information required. 10. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complyingwith 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 quantifrable and enforceable. 11. The Director is not in disagreement with a notice of confidentiality submitted with the application pursuant to A.R.S. § 49-432. A source applying for a Class I permit that has submittedinformation with an application under a claim of confrdentiality pursuant to A.R.S. § 49-432 and R18-2-305 shall submit a copy of such information directly to the Administrator. 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 coffected information. In addition, an applicant shall provide additional information as necessary to address any requirements that becomeapplicable to the source after the date it frled a complete application but prior to release of a proposed permit. Certifrcation of Truth, Accuracy, and Completeness. Any application form, report, or compliance certification submittedpursuant to this Chapter shall contain certifrcation by a responsible officiaf of truth, accuracy, and completeness. This certifrcation and any other certifrcation required under this Article shall state that, based on information and belief formed afterreasonable inquiry, the statements and information in the document are true, accurate, and complete. Action on Application. 1. The Director shall issue or deny each permit according to the provisions of A.R.S. § 49-427. The Director 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. 2. In addition, a permit may be issued, revised, or renewed only if all of the following conditions have been met:

a. The application received by the Director for a permit, permit revision, or permit renewal shall be complete according to subsection (E). b. Except for revisions qualifying as administrative or minor under R18-2-318 and R18-2-319, all 

### of the requirements for -public notice and participation under R18-2-330 shall have been met.

c. For Class I permits, the Director shall have complied with the requirements of R18-2-307 for notifying and responding to affected states, and if applicable, other notifrcation requirements of R18-2-402(D)(2) and R18-2-410(C)(2). d. For Class I and II permits, the conditions of the permit shall require compliance with all applicable requirements. For permits for which an application is required to be submitted to the Administrator under R18-2- 307(A), and to which the Administrator has properly objected to its issuance in writing within 45 days of receipt ofthe proposed frnal permit and all necessary supporting infonnation from the Department, the Director has revised and submitted a proposed final permit in response to the objection and EPA has not objected to this proposed final permit within 45 days of receipt. f. For permits to which the Administrator has objected to issuance pursuant to a petition frled under 40 CFR 70.8(d), the Administrator's objection has been resolved.
g. For a Class II permit that contains voluntary emission limitations, controls, or other requirements established pursuant to R18-2-306.01, the Director shall have complied with the requirement of R18-2- 306.01(C) to provide the Administrator with a copy of the proposed permit. 3. If the Director denies a permit under this Section, a notice shall be served on the applicant by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the denial and a statement that the permit applicant is entitled to a hearing. 4. The Director shall provide a statement that sets forth the legal and factual basis for the proposed permit conditionsincluding references to the applicable statutory or regulatory provisions. The Director shall send this statement to any person who requests it and, for Class I permits, to the Administrator. 5. Priority shall be given by the Director to taking action on applications for construction or modifrcation submitted pursuant to Title I, Parts C(Prevention of Significant Deterioration) and D(New Source Review) of the Act.Requirement for a Permit. Except as noted under the provisions in R18-2-317 and R18-2-319, no source may operateafter the time that it is required to submit a timely and complete application, except in compliance with a permit issued pursuant to this Chapter. However, if a source under' R18-2-326(A)(3) submits a timely and complete application for continued operation under a permit revision or renewal, thesource's failure to have a permit is not a violation of this Article until the Director takes frnal action on the application. This protection shall cease to apply if, subsequent to

. the completeness determination, the applicant fails to submit, by the deadline specifred in writing by the Director, any additionalinformation identified as being needed to process the application. This subsection does not affect a source's obligation to obtain a permit revision before making a modifrcation to the

source.
Historical Note Amended effective August 7, 1975 (Supp. 75-1). FormerSection R9-3-304 repealed, new Section R9-3-304 formerly Section R9-3-305 renumbered and amended effective August 6,1976 (Supp. 76-4). Fonner Section R9-3- 304 repealed, new Section R9-3-304 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-304 repealed, new Section R9-3-304 adopted effective May 28, 1982(Supp. 82-3). Former Section R9-3-304 renumbered without change as Section R18-2-304 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective October 7, 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). The reference to R18-2-101(54) in subsection (E)(8) corrected to reference R18-2-101(57) (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20,1999 (Supp. 99-4). Amended by frnal

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rulemaking at 12 A.A.R. 1953, effective January 1, 2007 b. The per7nit shall state that, if an applicable require- (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. ment of the Act is more stringent than an applicable 1542, effective August 7, 2012 (Supp. 12-2). requirement of regulations promulgated under Title

- u rc Recor s; IV of the Act, both provisions shall be incwrporated The Director shall make all permits, including all ele ents into the permit and shall be enforceable by the Administrator. required to be in the permit pursuant to R18-2-306, a ilable to the public. No permit shall be issued unless the inf rmation c AnY permit containing an equivalency demonstrarequired by R18-2-306 is present in the permit. tion for an altern ative emission limit submitted

B. A notice of confdentiality pursuant to A.R.S. 49-432(C) under R18-2-304(D) shali contain provisions to ensure that any resulting emissions limit has been hall: Precisely identify the information in the cuments sub demonstrated to be quantifrable, accountable, enforceable, and based on replicable procedures. mitted which is considered confrdential, 2. Contain sufl

-

icient supporting informa on to allow the d. The permit shall specify applicable requirements for

Director to evaluate whether such in ormation satisfies fugitive emission limitations, regardless of whether the source category in question is included in the list e requirements related to trade secr ts or, if applicable, h w the information, if disclosed, i likely to cause sub- of sources contained in the definition of major

st tial harm to the person , s comp itive position. 3. source in R18-2-101. Each permit shall contain the following requirements C. Within 3 days of receipt of a notic of confidentiality that with respect to monitoring: complies ith subsection (B) above, he Director shall make a a. All monitoring and analysis procedures or test meth- determinati as to whether the information satisfres the ods required under applicable monitoring and testing requirements or trade secret or c petitive position pursuant requirements, inciuding: to A.R.S. § 4 432(C)(1) and s notify the applicant in writ- i. Monitoring and analysis procedures or test ing. If the Dire or agrees with e applicant that the informa- rnethods under 40 CFR 64; tion covered by the notice f confidentiality satisfres the ii. Other procedures and methods promulgated statutory requirem nts, the irector shall include a notice in under sections 114(a)(3) or 504(b) of the Act; the file for the pe it or p it application that certain infor- and mation has been con idere confidential. iii. Monitoring and analysis procedures or test D. If the Director takes ct on pursuant to A.R.S. § 49-432(D) methods required under R18-2-306.01. and obtains a frnal or authorizing disclosure, the Director b. 40 CFR 64 as adopted July 1, 1998, is incorporated

'on shall place the inform in the public frle and shall notify by reference and on file with the Department and the any person who has eq ested disclosure. If the court deter- Office of the Secretary of State. This incorporation mines that the inf mati is not subject to disclosure, the by reference contains no future editions or amend- Director shall pro ide the otice specifred in subsection (C) ments. If more than one monitoring or testing above. requirement applies, the permit may specify a

Historica ote streamlined set of monitoring or testing provisions if Amende ffective August 1975 (Supp. 75-1). the specified monitoring or testing is adequate to Amended an emergency effect e December 15, 1975 assure compliance at least to the same extent as the (Supp. 75 ). Amended effective ay 10, 1976 (Supp. monitoring or testing applicable requirements not 76-3). Fo er Section R9-3-306 ren bered as Section included in the permit as a result of such streamlinR9-3-30 effective August 6, 1976. R ferences changed ing;
to co orm (Supp. 76-4). Amended e ctive April 12, c. If the applicable requirement does not require peri1977 Supp. 77-2). Amended effective arch 24, 1978 odic testing or instrumental or noninstrumental mon- (Su p. 78-2). Former Section R9-3-305 ealed, new itoring (which may consist of recordkeeping Sec on R9-3-305 adopted effective May 14, 979 (Supp. designed to serve as monitoring), periodic monitor79 1). Amended effective October 2, 1979 ( p. 79-5). ing sufficient to yield reliable data from the relevant ormer Section R9-3-305 repealed, new Secti R9-3- time period that are representative of the source's 5 adopted effective May 28,1982 (Supp. 82-3). ormer compliance with the permit as reported under subSection R9-3-305 renumbered without change as 18-2- section (A)(4). The monitoring requirements shall 305 (Supp. 87-3). Section repealed, new Section ad ted ensure use of terms, test methods, units, averaging effactiveNovember 15, 1993 (Supp. 93-4). periods, and other statistical conventions consistent

R18-2-306. Permit Contents with the applicable requirement, and as otherwise

A. Each permit issued by the Director shall include the following required under R18-2-306.01. Recordkeeping provisions may be sufficient to meet the requirements of elements: 1. The date of issuance and the permit term, this subsection; and d. As necessary, requirements concerning the use, 2. Enforceable emission limitations and standards, includ- maintenance, and, if appropriate, installation of ing operational requirements and limitations that ensure monitoring equipment or methods. compliance with all applicable requirements at the time 4. The permit shall incorporate all applicable recordkeeping of issuance and operationa] requirements and limitations that have been voluntarily accepted under R18-2-306.01. requirements including recordkeeping requirements

a. The permit shall specify and reference the origin of established under R18-2-306.01, for the following:

a. Records of required monitoring information that and authority for each term or condition and identify include the following: any difference in form as compared to the applicable requirement upon which the term or condition is i, The date, place as defned in the permit, and

based. time of sampling or measurement; ii. The date any analyses was performed;

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iii. The name of the company or entity that performed the analysis; iv. A description of the analytical technique or method used;

v. The results of any analysis; and vi. The operating conditions existing at the time of sampling or measurement; b. Retention of records of all required monitoring data and support infonnation for a period of at least fiveyears 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. 5. The permit shall incorporate all applicable reportingrequirements including reporting requirements established under R18-2-306.01 and require the following:

a. Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements shall be clearly identified in the reports. All required reports shall be certified by a responsible official consistent with R18-2- 304(H) and R18-2-309(A)(5). b. Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause ofthe deviations, and any corrective actions or preventive measures taken. Notice that complies with subsection (E)(3)(d) shall be considered prompt for the purposes of this subsection (A)(5)(b). 6. A permit condition prohibiting emissions exceeding any allowances the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.

a. A permit revision is not required for increases in emissions that are authorized by allowances acquired under the acid rain program, if the increases do not require a permit revision under any other applicable requirement. b. A limit shall not be placed on the number of allowances held by the source. The source shall not, however, use allowances as a defense to noncompliance with any other applicable requirement.

c. Any allowance shall be accounted for according tothe procedures established in regulations promulgated under Title IV of the Act. d. Any permit issued under the requirements of this Chapter and Title V of the Act to a unit subject to theprovisions of Title IV of the Act shall include conditions prohibiting all of the following: i. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held by the owner or operator of the unit or thedesignated representative of the owner or operator, ii. Exceedances of applicable emission rates, iii. Use of any allowance before the year for which it is allocated, and iv. Contravention of any other provision of the permit. 7. A severability clause to ensure the continued validity ofthe various permit requirements in the event of a challenge to any portion of the permit. 8. Provisions stating the following: a. The permittee shall comply with all conditions of thepermit including all applicable requirements of Arizona air quality statutes A.R.S. Title 49, Chapter 3, and the air quality rules, 18 A.A.C. 2. Any permit noncompliance is grounds for enforcement action; for a permit termination, revocation and reissuance,or revision; or for denial of a permit renewal application, Noncompliance with any federally enforceable requirement in a permit is a violation of the Act. b. It shall not be a defense for a permittee in anenforcement 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,

c. The permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of arequest by the 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. d. The permit does not convey any property rights of any sort, or any exclusive privilege to the permit holder.

e. The permittee shall furnish to the Director, within a reasonable time, any information that the Director may request in writing to determine whether causeexists for revising, revoking and reissuing, or terminating the permit, or to determine compliance withthe permit. Upon the Director's request, the permittee shall also furnish to the Director copies ofrecords required to be kept by the permit. For information claimed to be confidential, the pennittee shall furnish a copy of the records directly to the Administrator along with a claim of confidentiality. f. For any major source operating in a nonattainmentarea for all pollutants for which the source is classifred as a major source, the source shall comply with reasonably available control technology. 9. A provision to ensure that the source pays fees to the Director under A.R.S. § 49-426(E), R18-2-326, and R18- 2-511. 10. A provision stating that a permit revision shall not berequired under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes provided for in the permit.11. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Director. The terms and conditions shall:

a. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating; b. Extend the permit shield described in R18-2-325 to all terms and conditions under each such operating scenario; and

c. Ensure that the terms and conditions of each such altemative scenario meet all applicable requirements and the requirements of this Chapter. 12. Terms and conditions, if the permit applicant requests them, and as approved by the Director, for the trading ofemissions increases and decreases in the permitted facility, to the extent that the applicable requirements providefor trading the increases and decreases without a case-bycase approval of each emissions trade. The terms and conditions: a. Shall include all terms requited under subsections (A) and (C) to determine compliance;

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b. Shall not extend the permit shield in subsection (D) to all terms and conditions that allow the increases and decreases in emissions;

c. Shall not include trading that involves emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades; and d. Shall meet all applicable requirements and requirements of this Chapter. 13. Terms and conditions, if the permit applicant requests them and they are approved by the Director, setting forthintermittent operating scenarios including potential periods of downtime. If the terms and conditions are included, the state's emissions inventory shall not reflectthe zero emissions associated with the periods of downtime. 14. Upon request of a permit applicant, the Director shali issue a permit that contains terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emission cap established inthe permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms thatensure the emissions trades are quantifrable and enforceable. The Director shall not 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 perrnitshall also require compliance with all applicable requirements. Changes made under this subsection shall not include modifications under any provision of Title I of the Act and shall not exceed emissions allowable under the permit. The terms and conditions shall provide, for Class I sources, for notice that conforms to R18-2-317(D)and (E), and for Class II sources, for logging that conforms to R18-2-317.02(B)(5). In addition, the notices for Class I and Class II sources shall describe how the increases and decreases in emissions will comply with the tenns and conditions of the permit. 15. Other terms and conditions as are required by the Act, A.R.S. Title 49, Chapter 3, Articles 1 and 2, and the rules adopted in 18 A.A.C. 2. B. Federally-enforceable Requirements. 1. The following permit conditions shall be enforceable by the Administrator and citizens under the Act:

a. Except as provided in subsection (13)(2), all terms and conditions in a Class I permit, including any provision designed to limit a source's potential to emit; b. Terms or conditions in a Class II permit setting forth federal applicable requirements; and

c. Terms and conditions in any pennit entered into voluntarily under R18-2-306.01, as follows: i. Emissions limitations, controls, or other requirements; and ii. Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls, or other requirements in subsection (13)(1)(c)(i). 2. Notwithstanding subsection (13)(1)(a), the Director shall specifrcally designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements. C. Each permit shall contain a compliance plan as specified in R18-2-309.D. Each permit shall include the applicable permit shield provisions under R18-2-325. E. Emergency provision. 1. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the controlof the source, including acts of God, that requires immediate corrective action to restore normal operation andthat causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extentcaused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with technology-based emission limitations if the conditions of subsection (E)(3)
are met.3. The affirmative defense of emergency shali be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An emergency occurred and the permittee can identify the cause or causes of the emergency; b. At the time of the emergency the permitted facility was being properly operated;

c. During the period of the emergency, the permitteetook all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other requirements in the permit; and d. The permittee submitted notice ofthe emergency to the Director by certified mail, facsimile, or hand delivery within two working days of the time whenemission limitations were exceeded due to the emergency, This notice shall cwntain a description of the emergency, any steps taken to mitigate emissions, and corrective action taken. 4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. 5. This provision is in addition to any emergency or upset provision contained in any applicable requirement. F. A Class I permit issued to a major source shall require that revisions be made under R18-2-321 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 tenn of three or more years. A revision shallnot be required if the effective date of the applicable requirement is after the expiration of the pennit. The revisions shall be made as expeditiously as practicable, but not later than 18months after the promulgation of the standards and regulations. Any perrnit revision required under this subsection shall comply with R18-2-322 for permit renewal and shall reset the five-year permit term.

Historical Note Adopted effective August 7, 1975 (Supp. 75-1). FormerSection R9-3-307 renumbered as SectionR9-3-306 effective August 6, 1976. Reference changed to conform (Supp. 76-4). Former Section R9-3-306 repealed, new Section R9-3-306 adopted effective May 14, 1979 (Supp. 79-1), Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-306 renumbered

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Historical Note Adopted effective August l, 1995 (Supp. 95-3).Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). E. without change as R18-2-306 (Supp. 87-3). Amended subsection (I) effective December 1, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3).Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August l, 1995 (Supp. 95-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective

December 20, 1999 (Supp. 99-4).R18-2-306.01.Permits Containing Voluntarily Accepted Emission Limitations and Standards A. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other requirements that are permanent, quantifiable, and otherwiseenforceable as a practical matter in order to avoid classifrcation as a source that requires a Class I permit or to avoid one or more other applicable requirements. For the purposes of thisSection, "enforceable as a practical matter" means that specific means to assess cvmpliance with an emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliance to be readily determined by an inspection of records and reports. B. In order for a source to obtain a permit containing voluntarilyaccepted emissions limitations, controls, or other requirements, the source shall demonstrate all of the following in its pennit application: 1. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an applicablerequirement 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 thepennit does not waive, or make less stringent, any limitations or requirements contained in or issued pursuant to an applicable implementation plan, or that are otherwise federally enforceable. 2. All voluntarily accepted emissions limitations, controls, or other requirements will be permanent, quantifiable, and otherwise enforceable as a practical matter.C. At the same time as notice of proposed issuance is first published pursuant to A.R.S. § 49-426(D), the Director shall send a copy of any Class II permit proposed to be issued pursuant tothis Section to the Administrator for review during the comment period described in the notice pursuant to R18-2-330(D).D. The Director shall send a copy of each final permit issued pursuant to this Section to the Administrator.

R18-2-306.02.Establishment of an Emissions Cap A. An applicant may, in its application for a new permit, renewal of an existing permit, or as a significant permit revision, request an emissions cap for a particular pollutant expressed in tons per year as determined on a 12-month rolling average, or any shorter averaging time necessary to enforce any applicable requirement, for any emissions unit, combination of emissionsunits, or an entire source to allow operating flexibility including emissions trading for the purpose of complying with the cap. This Section shall not apply to sources that hold an authority to operate under a general permit pursuant to Article 5 of this Chapter. B. An emissions cap for a Class II source that limits the emissions of a particular pollutant for the entire source shall not exceed any of the following: 1. The applicable requirement for the pollutant if expressed in tons per year; 2. The source's actual emissions plus the applicable significance level for the pollutant established in R18-2- 101(104); 3. The applicable major source threshold for the pollutant;

or 4. A sourcewide emission limitation for the pollutant voluntarily agreed to by the source under R18-2-306.01.C. In order to incorporate an emissions cap in a permit the applicant must demonstrate to the Director that tenns and conditions in the permit will: 1. Ensure compliance with all applicable requirements for the pollutant;2. Contain replicable procedures to ensure that the emissions cap is enforceable as a practical matter and emissions trading conducted under it is quantifiable and enforceable as a practical matter. For the purposes of this Section, "enforceable as a practical matter" shall include the following criteria:a. The permit conditions are permanent and quantifiable; The permit includes a legally enforceable obligation to comply;

c. The limits impose an objective and quantifiable operational or production limit or require the use of in-place air pollution control equipment; d. The permit limits have short-term averaging times consistent with the averaging times of the applicable requirement;

e. The pennit 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 R18-2-306(A)(3),(4), and (5). 3. For a Class I permit, include all terms required under R18-2-306(A) and R18-2-309.D. Class I sources shall log an increase or decrease in actual emissions authorized as a trade under an emissions cap unless an applicable requirement requires notice to the Director. The log shall contain the information required by the permit including, at a minimum, when the proposed emissions increase or decrease occurred, a description of the physical change or change in method of operation that produced the increase or decrease, the change in emissions from the physical change or change in method of operation, and how the increase or decrease in emissions complies with the permit. Class II sources shall comply with R18-2-317.02(B)(5).The Director shall not include in an emissions cap or emissions trading allowed under a cap any emissions unit for which the emissions are not quantifiable or for which there are no replicable procedures or practical means to enforce emissions trades.

Historical Note New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

tev,ew ny rne LrA ana A. s provided in R18-2-304 d as waived by the Administrator, permit, a copy of each of the following shall vide dministrator as follows: 1. The rcant shall provide a co copy of the application including any attachments, complia s, and

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3. Contained in any Prevention of Significant Deterioratio (PSD) or New Source Review (NSR) permit issued by t e S. E.P.A., 4. ntained in R18-2-715(F), or 5. In luded in a permit to meet the requirements of R-2- 40 (A)(5). B. Affirmat ve Defense for Malfunctions. Emission in excess of an applicable emission limitat' n dueto malfunc ion shall constitute a violation. The owner r operator of a s urce with emissions in excess of an a plicable emission li itation due to malfunction has an airmative defense to a civil or administrative enforcement roceeding based on that violation, other than a judicial act' n seeking injunctive reli , if the owner or operator of th source has complied with he reporting requirements of 18-2-310.01 and has demonst ated all of the following: 1. The excess emissions resulted from sudden andunavoidable eakdown of process equip ent or air pollution control quipment beyond the re sonable control of the operator; 2. The air pollutio control equipment, ocess equipment, or processes wer at all times maintai ed and operated in a manner consist t with good prac ice for minimizing emissions; 3. If repairs were re ired, the rep rs were made in anexpeditious fashion hen the appl'cable emission limitations were being exc eded. Off-s ift labor and overtime were utilized where p cticable ensure that the repairs were made as expediti usly as ossible. If off-shift laborand overtime were not u ilized, he owner or operator satisfactorily demonstrated at t e measures were impracticable; 4. The amount and duration o e excess emissions (including any bypass operation) ere minimized to the maximum extent practicable du i periods of such emissions; 5. All reasonable steps were ak to minimize the impact of the excess emissions on bie t air quality; 6. The excess emissions w re not art of a recurring patternindicative of inadequ e desig , operation, or maintenance; 7. During the period o excess e'ssions there were no exceedances of the r levant ambie t air quality standards established in Arti le 2 of this apter that could be attributed to the e itting source; 8. The excess emiss'ons did not sfem om any.activity or event that coul have been foresee and avoided, orplanned, and co ld not have been avoi d by better operations and mai enance practices; 9. All emissions onitoring systems were ept in operation if at all practi able; and 10. The owner o operator's actions in respons to the excess emissions were documented by con mporaneous records. C. Affrmative De ense for Startup and Shutdown.1. Except a provided in subsection (C)(2), and less otherwise p ovided for in the applicable requirem nt, emissions i excess of an applicable emission limitatr n due to startup and shutdown shall constitute a violat n. The owne or operator of a source with emissions in e cess ofan a licable emission limitation due to startup an shutdow has an affirmative defense to a civil or admi istrativ enforcement proceeding based on that viol ion, ot er than a judicial action seeking injunctive relief, i the o ner or operator of the source has complied with he r portiiig requirements of R18-2-310.01 and has demo - trated all of the following: a. The excess emissions could not have been prevent d through careful and prudent planning and design; If the excess emissions were the result of a bypa of control equipment, the bypass was unavoida e toprevent loss of life, personal injury, or severe damage to air pollution control equipment, pro uction equipment, or other property;

C. The source's air pollution control equip nt, proess equipment, or processes were at all ti es maint'ned and operated in a manner con stent with go d practice for minimizing emissions• d. Th amount and duration of the exc ss emissions (inc ding any bypass operation) wer minimized to the aximum extent practicable d ing periods of such e issions;

e. All re onable steps were taken to minimize theimpact the excess emissions o ambient air quality; f. During th period of excess e ssions there were no exceedanc of the relevant bient air quality standards estab 'shed in Article of this Chapter that could be attr uted to the e tting source;
g. All emissions onitoring s stems were kept in operation if at all p cticable; nd h. The owner or erator' actions in response to theexcess emission were ocumented by contemporaneous records. 2. If excess emissions oc ur due to a malfunction during routine startup and shut wn, then those instances shall be treated as other malfu tions subject to subsection (B). D. Affirmative Defense for a functions During Scheduled Maintenance.If excess emissions occur ue to malfunction during scheduled maintenance, then t se insta ces will be treated as other malfunctions subject to ubsection ). E. Demonstration of Reas nable and P cticable Measures. For an affirmative d ense under s section (B) or (C), the owner or operator the source sha I demonstrate, throughsubmission of the ta and informatio required by this Section and R18-2-3 .01, that all reaso able and practicablemeasures within e owner or operator' control were implemented to preve the occurrence of the e cess emissions.

Historical Note Adopted effe ive May 14, 1979 (Supp. 79- . Amended effective 

### Juo 19, 1981 (Supp. 81-3). Amen d Arizona Testing nual for Air Pollutant Emissions, effective Septem r 22, 1983 (Supp. 83-5). Amended izonaTesting anual for Air Pollutant Emissions, a of September 5, 1984, effective August 9, 1985 (Sup 85-4). Ame ed effective September 28, 1984 (Supp. 4-5). Form Section R9-3-310 renumbered without ch ge as R18- -310 (Supp. 87-3). Amended effective Febru 26, 19 8(Supp. 88-1). Amended effective September 6, 1990 (Supp. 90-3). Section repealed, new Sectiona pted effectiveNovember 15, 1993 (Supp. 93-4). St' n repealed; new Section adopted by final rulemaking t A.A.R. 1164, effective February 15, 2001 (Supp. 01-1). R18-2-310.01. Reporting RequirementsA. The owner or operator of any source shall report to the Director any emissions in excess of the limits established by this Chapter or the applicable permit. The owner or operator of any registered source may report excess emissions in accordance with this Section in order to qualify for the affirmative defense established in R18-2-310. The report shall be in two parts as specified below:

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1. Notification by telephone or facsimile within 24 hours ofthe time the owner or operator first leamed of the occurrence of excess emissions that includes all available information from subsection (B). 2. Detailed written notification by submission of an excess emissions report within 72 hours of the notification under subsection (A)(1).B. The excess emissions report shall contain the following information: 1. The identity of each stack or other emission point where the excess emissions occurred; 2. The magnitude of the excess emissions expressed in theunits of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions; 3. The time and duration or expected duration of the excess emissions; 4. The identity of the equipment from which the excess emissions emanated; 5. The nature and cause of the emissions; 6. The steps taken, if the excess emissions were the result of a malfirnction, to remedy the malfunction and the steps taken 

### or planned to prevent the recurrence of the malfunctions; 7. The steps that were or are being taken to limit the excess emissions; and 8. If • the source's perrnit contains procedures governing source operation during periods of startup or malfunctionand the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures.' C. In the case of continuous or recun•ing excess emissions, the notification requirements of this Section shall be satisfied ifthe source provides the required notification after excess emissions are first detected arid includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occun•ing after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuant to subsections (A) and (B).

Historical Note New Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-31 Test Methods and Procedures A. Except otherwise specified in this Chapter, the appl' ble procedure d testing methods contained in the Ariz a Testing Manual; 0 CFR 52, Appendices D and E; CFR 60, Appendices A t ough F; and 40 CFR 61, App dices B and C shall be used to termine compliance wit the requirementsestablished in this pter or contained ' permits issued pursuant to this Chapter. B. Except as otherwise prov ed in s subsection the opacity of visible emissions shall be ined by Reference Method 9 of the Arizona Testing 1. A permit may specify a method, other than Me od 9, f determining the opacity of emissions from a p rcular emissi s unit, if the method hasbeen promulgate y the Administrat in 40 CFR 60, Appendix A. C. Except as erwise specifred in this Chap , the heat content of soli el shall be determined according t STM method D-3 6-89, (Practice for Ultimate Analysis of I and Coke)d ASTM method D-2015-91, (Test Method for oss Calorifi Value of Coal and Coke by the Adiabatic Bomb Calorimeter) D. Exce\

Applicab or ambient air monitoring and emissions testing requunder Articles 9 and 11 of this Chapter, altern ive and alent test methods in any test plan submitted t the Diremay be approved by the Director for the durat'on of that rovided that the following three criteria are t: 1. Iternative or equivalent test method meas res the e chemical and physical characteristics as the test o it is intended to replace. 2. al rnative or equivalent test method h substany th same or better reliability, accuracy and preci- as e test method it is intended to repla . 3. licab quality assurance procedures ar followed in rdanc with the Arizona Testing Manu 1, 40 CFR 60 ther q lity assurance methods whic are consistent princi es contained in the Arizona esting Manual 0 CFR 6 as approved by the Direct .

Historical Note Adopted effective ay 14, 1979 (Supp. 79 1). Amended effective July 9, 19 0(Supp. 80-4). Ame ded effective September 28,19 4(Supp. 84-5). Fo er Section R9-3-311 renumbe d without change as R18-2-311 (Supp. 87-3). Sectio repealed, new ection adopted effective Novem er 15, 1993 ( pp. 93-4).

R18-2-312. Performance estsA. Within 60 days after a s urce subj ct to the permit requirements of this Article has a hieved e capability to operate at its maximum production ra e on a ustained basis but no later than 180 days afterinitial s-u of such source and at such other times as may be requirV , y the Director, the owner or operator of such source shall c nduct performance tests and furnish the Director a written r ort of the results of the tests. B. Performance tests shall be ducted and data reduced in accordance with the test met o and procedures contained in the Arizona Testing Manual nle the Director: 1. Specifres or approves, n spe 'fic cases, the use of a reference method with mi or chan es in methodology; 2. Approves the use of equiva nt method; 3. Approves the use o an alterna 've method the results of which he has det ined to be adequate for indicating whether a specifi source is in co pliance; or 4. Waives the requi ment for perfo ance tests because the owner or operat r of a source has emonstrated by other means to the rector's satisfactio that the source is in compliance w' h the standard. 5. Nothing in th's Section shall be cons ed to abrogate the Director's a hority to require testing. C. Performance tes shall be conducted under uch conditions asthe Director sh I specify to the plant operat based on representative perf ance of the source. The o ner or operator shall make a ilable to the Director such rec rds as may be necessary to etermine the conditions of the pe ormance tests.Operations uring periods of start-up, shutdown, and malfunction shall ot constitute representative conditio s of performance te ts unless otherwise specified in th applicable

D. The ow r or operator of a permitted source shall rovide the Directo two weeks prior notice of the perform e test to afford the Director the opporiunity to have an observer prese t. E. The wner or operator of a permitted source shall pro ide, or cau to be provided, performance testing facilities as f llows: 1. Sampling ports adequate for test methods applica le to such facility.

June 30, 2012 Page 39 Supp. 12-2Arfzona Adnrinistrative Code 'IStle 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

= pollutant concentration, g/dscm (lb/ cf),etermined by multiplying the average c cent ation (ppm) for each hourly period b 4.16 x 1' S M g/dscm per ppm (2.64 x 10 -9 lb/dscf p r ppm) where M= pollutant moleculareight, g/g-mole (lb/lb-mole), M 64 for sulf r dioxide and 46 for oxides of n' rogen.ws) = pollutant concentratio at stack cond ions, g/wscm (lb/wscf), dete ined by.multip ing the average concen tion (ppm) for e h one-hour period by 4.15 x 10' S M Ib/wscm pe ppm) (2.59 x 10" 5 M lb/wscf per ppm) wh re M= pollutant m ecular weight, g/g mo (lb/Ib mole). M= 4 for sulfur dioxide



### an d 6 fQr nitrogen oxid s. %0 ),%CO(2) = Oxy en or carbon dioxide volu e(expressed as rcent) determined with eauin ent specifre under subsection

rep esenting a ratio of the volgas s generated to the calorifrcc busted (F), a factor repref t e volume of carbon dioxidec lorific value of the fuel coms ectively. Values of F and F(c) R 60.45(f) (Chapter 1).representing a ratio of the volgases generated to the caloric combusted. Values of F(w) are nce Method 19 of the Arizona

i by volume of water vapor Approval may be given for w)a by on-site instrumental
ded that the absolute accuent technique can be demobew i hin f 0.7% water vapor.

r B(wa) are given in Refof he Arizona Testing Manmethods

Proportion b volume of water vapor rck gas. plants as defr d in R18-2-101, the shall:

a. Establish a conversion facto three times daily accordin to the procedures o 40 CFR 60.84(b) (Chapte 1), b. Multipl the conversion factor by he average sulfur dioxi4 concentration in the flue gases to obtain avera sulfur dioxide emissions i Kg/metric ton (lb/s rt ton), and

c. Repthe average sulfur dioxide em sion for eachave ging period in excess of the ap icable emistand m ard in the quarterly sumary. 3. For nit c ac id

o 

# ~ ' plants, the owner or operator s all:

a. E tablish a conversion factor according t the proceures of 40 CFR 60.73(b) (Chapter 1), b. ultiply the conversion factor by the ave ge nitrogen oxides concentration in the flue gases o obtain the nitrogen oxides emissions in the uni of the applicable standard, c Repo 

### rt the average nitrogen oxides emiss on foreach averaging period in excess of applicabl emission standard in. the qua 

### rt erly summa 

### ry

.4. The Director may allow data reporting or reduction rocedures varying from those set forth in this Section i the owner or operator of a source shows to the satisf ion of he Director that his procedures are at least as curate as t ose in this Section. Such procedures m include but not limited to the following:

a. Altemative procedures for c puting emission averages that do not require i egration of data (e.g., ome facilities may demo trate that the variabili 

### tyo their emissions is su ciently small to allow accurat reduction of d based upon computing aver ages from equ spaced data points over the avera ' g peri ). b. Alterna 've ethods of converting pollutant concentration m surements to the units of the emission

Hi`storical Note Adopted efVetive May 11979 (Supp. 79-1). Amendedeffective ctober 2, 1979 ( p. 79-5). Editorial correction, s section (C), paragra (1), subparagraph (d) (Supp 0-2). Amended e 

### ff ective ly 9, 1980 (Supp. 80- 4). Fo er Section R9-3-313 renum red without changeas 8-2-313 (Supp. 87-3). Amende ffective Septembe 26, 1990 (Supp. 90-3): Section repea d, new Section adopted effective November 15, 1993 pp. 93-4). ended by final rulemaking at 7 A.A.R. 11 , effective February 15, 2001 (Supp. 01-1).

) 

# ~ a ' ities subject to the permit requirements of this ' e shall submr a quality assurance plan to the Director t meets the requirem s of R18-2-311(D)(3) within 12 mont of the effective date of this ion. Facilities subject to the re rrements of R18-2- 313 shall submit uality assurance plan specified in the permit.

Adopted effective May 79 (Supp. 79-1). Amended effective July 9, 1980 ( p. -4). Former Section R9-3- 314 renumbered wit ut change a 8-2-314 (Supp. 87- 3). Section re aled, new Section a ed effective

ember 15, 1993 (Supp. 93- R18-2-315. Posting of PermitA. Any pefson who has been granted an individual or general permit shall post such permit or a certifrcate of permit issuance on location where the equipment is installed in such a manner as to be clearly visible and accessible. All equipment covered by the permit shall be clearly marked with one of the following: 1. The current permit number, 2. A serial number or other equipment number that is also listed in the permit to identify that piece of equipment. B. A copy of the complete permit shall be kept on the site.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 315 renumbered without change as R18-2-315 (Supp. 87- 3). Section repealed, new Section adopted effective November 15, 1993 (Supp, 93-4), R18-2-316. Notice by Building Permit Agencies All agencies of the county or political subdivisions of the county that issue or grant building permits or approvals shall examine the plans and specifications submitted by an applicant for a permit or approval to determine if an air pollution permit will possibly be required under the provisions of this Chapter. If it appears that anair pollution pennit will be required, the agency or political subdivision shall give written notice to the applicant to contact the Director and shall furnish a copy of that notice to the Director. (D)(1) ). F,F(c) A factor ume of ry flue value of he fuel senting a atio o generated the busted (F(c ), re are given in 40 F(w) = A fa tor ume of wet u value of the 1 given in Refe Testing Man B(wa) = Pro o in the ambi nt a

racy of th onstrated

erence ual. B(ws) in the : 2. For sulfuric ac



# ~ owner or opera c hod 19

June 30, 2012 Page 43 Supp. 12-2

### Title 18, Ch. 2 ArizonaAdrrrinistratfve Code Department of Environmental Quality — Air Pollution Control

Historical Note equirements of the implementation pl an authorizing t emisAdopted effective May 14, 1979 (Supp. 79-1). Former si s trade. Section R9-3-316 renumbered without change as R18-2- G. Exc t as otherwise provided for in the pe t, making a

316 (Supp. 87-3). change om one alternative operating scen o to an other as

- i i y anges Allowed Without erm ~ eprovided der R18-2-306(A)(11) shall t require any prior 

### cinnq ria

~~ 

### r

_ notice under is Section.
A facility with a Class I permit may make changes that co tra- H. The Director sh make available the public monthly summaries of all notice eceived u r this Section. vene an express permit term without a permit revision if 11 of the following apply: His al Note I. The changes are not modifications under any prov sion of Adopted effective Ma

, 979 (Supp. 79-1). Former Title I of the Act or under A.R.S. § 49-401.01(2 ; Sect3on R9-3-317 re mbered 'thout change as R18-2- The changes do not exceed the emissions allow le under 317 (Supp. 87-3). ection repeale , ew Section adopted the permit whether expressed therein as a r e of emis- effective Nov ber 15, 1993 (Supp. -4). Amended by sions or in terms of total emissions; final rule ing at 5 A.A.R. 4074, effec ' e September 3. The changes do not violate any applicable requirements 22, 199 (Supp. 99-3). Amended by final ru aking at or trigger any additional applicable requir ents; 12 .A.R. 1953, effective January 1, 2007 (Sup 06-2). 4, he changes satisfy all requirements for minor permit ended by final rulemaking at 18 A.A.R. 1542, e ecrion under R18-2-319(A); tive August 7, 2012 (Supp. 12-2). 5. changes do not contravene federall enforceable per- a equ i re a ~ imr erms and conditions that are mo toring (including ~ tethods), recordkeeping, report g, or compliance A. The following ch an ges at a source with a Class II pe t shall cation requirements; and require a permit revision: 6. c ges do not constitute a min r NSR modification. 1. A change that would trigger a new applicab require- B. The si ion of an item of proces or pollution control ment or violate an existing applicable require ent. equipt fo an identical or substanti ly similar item of pro- \ hd

Establishment of, or change in, an emissio s cap under cess olluti n control equipment s all qualify as a change R18-2-306.02; that dnot quire a permit rev' ion, if the substitution 3. A ch an ge that will require a case-by-cas determination meetsof the r quirements of sub ctions (A), (D), and (E). f an emission limitation or other stand d, or a source- C. Excepr source with authority t operate under general per- ecific determination of ambient imp ts, or a visibili ty mits, itted so ces may trad increases and decreases in or 'ncrement an alysis; emiss within th permitted acility, as established in the 4. A ange that results in emissions that are subject to permider R18-2- 06(A)(12 if an applicable implementa moni ring recordkeeping or rep rt ing under R18-2- tion pprovides for the em' sions trades without applying 306(A ),(4), or (5) if the emissi s cannot be measured for a permit revision d b ed on the seven working days or othe ise adequately qua ified by monitoring, notice prescribed in subs cti n(D). This provision is available recordkee ing, or reporting re irements already in the if the permit does not pr v de for the emissions trading as a permit;

D. minor permit revision. For each change under s ctions (A) through (C), a wri tt en 5. A change tha will authorize e burning of used oil, used
notice by certified mail r h nd delivery shall be received by oil fuel, hazar us waste, or azardous waste fuel, or any other fuel not cu ently aut orized by the permit; the Director and the A inis ator a minimum of seven work- 6. A change that req ires th source to obtain a Class I per- ing days in advance o the c ge. Notifications of changes mit; associated with emer ency co ditions, such as malfunctions 7, Replacement of an 'te of air pollution control equip- necessitating the rep cement o equipment, may be provided ment listed in the pe it with one that does not have the less than seven wo ing days i advance of the change but same or better pollu removal efficiency; must be provided a far in advance f the change or, if advance g

. Establishment or re isio of a limit under R18-2-306.01; notification is not racticable, as so n after the change as pos- 9, Increasing operati g hou or rates of production above

E. sible. Each notificatio shall include: the permitted lev 1; 10. A change that relaxes m nitoring, recordkeeping, or 1. When the oposed change will o cur; reporting requi ements, exce when the change results: 2. A descrip on of the change; 3. Any ch ge in emissions of regulat air pollutants; a. From re oving equipme t that results in a perma

4. The pol utants emitted subject to th emissions trade, if nent d crease in actual issions, if the source keeps nsite records of the c ange in a log that satisany; 5. The ovisions in the implementation lan that provide fies ppendix 3 of this Cha er an d if the requireme s that are relaxed are esent in the permit for e emissions trade with which the so rce will comply so ly for the equipment that w removed; or and ny other information as may be requ ed by the pro- b. F om a change in an applicable r quirement; and vis'ons in the implementation plan authoriz g the trade; 11. A mi or NSR modification. 6. If he emissions trading provisions of the im ementation B. A source ith a Class II permit may make an physical change an are invoked, then the permit require ents with or cha e in the method of operation with ut revising the hich the source will comply; and 7. Any permit term or condition that is no longer ap licable source' pennit unless the change is specificall prohibited in
as a result of the change. the ce's permit or is a change described in s section (A).

F. T permit shield described in R18-2 325 shall not app to A c that does not require a permit revision ay still be 

# ~ anrge

a y change made under subsections (A) through (C). Com i- subt to requirements in Rl8 2-317.02.
ce with the permit requirements that the source will me Historical Note /New sing the emissions trade shall be determined according to Section adopted by final rulemaking at 5 A.A.R.

Supp. 12-2 Page 44 June 30, 2012Title 18, Ch. 2 ArfzonaAdnrinistrative Code Department of Environmental Quality — Air Pollution Control

6. Are not changes in fuels not represented in the permit application or provided for in the permit; 7. Are not minor NSR modifications subject to R18-2-334, except that minor NSR modifications subject to R18-2- 334(G) may be processed as minor permit revisions; and 8. Are not required to be processed as a significant permit revision under R18-2-320.Minor permit revision procedures shall be used for the following changes at a Class II source: 1. A change that triggers a new applicable requirement if all of the following apply:

a. The change is not a minor NSR modification subject to R18-2-334, except that minor NSR modifications subject to R18-2-334(G) may be processed as minor permit revisions; b. A case-by-case determination of an emission limitation or other standard is not required; and

c. The change does not require the source to obtain a Class I permit; 2. A change that increases emissions above the permitted level unless the increase otherwise creates a condition that requires a significant permit revision; 3. A change in fuel from fuel oil or coal, to natural gas or propane, if not authorized in the permit; 4. A change that results in emissions subject to monitoring, recordkeeping, or reporting under R18-2-306(A)(3),(4),

### or (5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. A decrease in the emissions permitted under an emissionscap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and 

### enforceable;and6. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better efficiency. As approved by the Director, minor permit revision proceduresmay be used for permit revisions involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the minor permit revision procedures are explicitly provided for in an applicableimplementation plan or in applicable requirements promulgated by the Administrator.An application for minor permit revision shall be on the standard application form contained in Appendix 1 and include the following: 1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; 2. For Class I sources, and any source that is making the change immediately after it files the application, the source's suggested draft permit; 3. Certification by a responsible off'icial, consistent withstandard permit application requirements, that the proposed revision meets the criteria for use of minor permit 

### revision procedures and a requestthat the procedures be used; EPA and affected state notification. For Class I permits, withinfive working days of receipt of an application for a minor permit revision, the Director shall notify the Administrator and affected states of the requested permit revision in accordance with R18-2-307. For Class I permits, the Director shall not issue a final permit revision until after the Administrator's 45-day review period or until the Administrator has notified the Director that the age, and liability between the current and new permittee as been submi tt ed to the Director; B. Admi 'strative permit amendments to Title IV provisio s of the pe it shall be governed by regulations promul ed by the Admi istrator under Title IV of the Act. C. The Direct r shall take no more than 60 days fro eceipt of a request for administrative permit amendme to take final action on suc request, and for Class I pe ' s may incorpo- B. rate such chan es without providing not' e to the public oraffected states pr vided that it designate any such permit revisions as having be made pursuant t this Section. D. The Director shall bmit a copy f Class I permits revised under this Section to e Admi ' trator. E. Except for admintra

is've rmit amendments involving a transfer under R18-2-3 , the source may implement thechanges addressed in t re uest for an administrative amendment immediately u n sub 'ttal of the request.

Historicalote Adopted effe ive May 14, 1979 Supp. 79 1), Former Section R9- -318 renumbered with t change as R18-2- 318 (S p. 87-3). Amended subsect n(A) effective Dece er 1, 1988 (Supp. 88-4). Sectio epealed, new ection adopted effective November , 1993

(Supp. 93-4).

-- ., nnua um endm ts for Cla 

### ..II
~e Director may amend any Class II permit annually without followi R18-2-321 in order to incorporate changes reflected in logs or notice ed under R18-2-317.02. The amendment shall b ctive to the a' ersary date of the permit. The Dire all make available to the pu 'c for any source: 1. A complete r rd of logs a otices sent to the Department under R18- 7; and 2. Any amendme r re '' ns to the source's permit.

Historical Note Ne ction adopted by final rulemaking 5 A.A.R. 

### C. 4074, effective September 22, 1999 (Supp.

R18-2-319. Minor Permit Revisions A. Minor permit revision procedures may be used only for those changes at a Class I source that satisfy all of the following: 1. Do not violate any applicable requirement;2. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the per- D. mit; 3. Do not require or change a case-by-case determination ofan emission limitation or other standard, or a source-specific determination of ambient impacts, or a visibility or increment analysis;4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an applicable requirement to which thesource would otherwise be subject. The terms and conditions include:

a. A federally enforceable emissions cap that the source would assume to avoid classification as a modification under any provision of Title I of the E. Act; and b. An alternative emissions limit approved under regulations promulgated under the section 112(i)(5) of the Act. 5. Are not modifications under any provision of Title I of F. the Act;

Supp. 12-2 Page 46 June 30, 2012Arizona Administrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

Administrator will not object to issuance of the permit revision, whichever is first, although the Director may approve thepermit revision before that time. Within 90 days of the Director'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 Director shall do one or more of the following: 1. Issue the permit revision as proposed, 2. Deny the permit revision application, 3. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures, or 4. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as required in R18-2-307. C. The source may make the change proposed in its minor permit revision application immediately after it files the application.After a Class I source makes a change allowed by the preceding sentence, and until the Director takes any of the actions specified in subsection (F), the source shall comply with boththe applicable requirements governing the change and the proposed revised permit terms and conditions. During this time period, the Class I source need not comply with the existing permit terms and conditions it seeks to modify. However, if the Class I source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it. H. The permit shield under R18-2-325 shall not extend to minor permit revisions. I. Notwithstanding any other part of this Section, the Director may require a permit to be revised under R18-2-320 for any change that, when considered together with any other changes submitted by the same source under this Section or R18-2- 317.02 over the life of the permit, do not satisfy subsection (A) for Class I sources or subsection (B) for Class II sources. J. The Director shall make available to the public monthly summaries of all applications for minor permit revisions.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-319 renumbered without change as R18-2- 319 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by frnal rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by frnal rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-320. Significant Permit Revisions A. For Class I sources, a significant revision shall be used for an application requesting a permit revision that does not qualify as a minor permit revision or as an administrative amendment. A signifrcant revision that is only required because of a change described in R18-2-319(A)(6) or (7) shall not be considered a significant permit revision under part 70 for the purposes of 40CFR 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 revision procedures. B. A source with a Class II permit shall make the following changes only after the permit is revised following the public participation requirements of R18-2-330: 1. Establishing or revising a voluntarily accepted emission limitation or standard as described by R18-2-306.01 orR18-2-306.02, except a decrease in the limitation authorized by R18-2-319(B)(5); 2. Making any change in fuel not authorized by the permit and that is not fuel oil or coal, to natural gas or propane; 3. A change that is a minor NSR modification subject to R18-2-334, except for a minor modification subject to R18-2-334(G); 4. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results from:

a. 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 Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or b. A change in an applicable requirement. 5. A change that will cause the source to violate an existingapplicable requirement including the conditions establishing an emissions cap; 6. A change that will require any of the following:

a. A case-by-case determination of an emission limitation or other standard; b. A source-specific determination of ambient impacts, or a visibility or increment analysis; or

c. A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.7. A change that requires the source to obtain a Class I permit. C. 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 any rules adopted under A.R.S. § 49-426.03. D. Significant permit revisions shall meet all requirements of this Article for applications, public participation, review by affected states, and review by the Administrator that apply to permit issuance and renewal. Notwithstanding R18-2-330(C),the Director may provide notice for changes requiring a significant permit revision solely under subsection (B)(2), (4) or(6)(c) by posting a notice on the Department's web site, sending e-mails to persons who have requested electronic notification of the Department's proposed air quality permit actions and by mailing a copy of the notice as provided in R18-2- 330(C)(1). E. When an existing source applies for a signifrcant permit revision to revise its permit from a Class II pernlit to a Class I permit, it shall submit a Class I permit application in accordance with R18-2-304. The Director shall issue the entire permit, and not just the portion being revised, in accordance with Class Ipermit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in R18-2-307 and R18-2-330.

Historical NoteAdopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by frnal rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effectiveDecember 20, 1999 (Supp. 99-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).
R18-2-321. Permit Reopenings; Revocation and Reissuance; Termination A. Reopening for Cause.

June 30, 2012 Page 47 Supp. 12-2Title 18. Ch. 2 Arizona Admfnfstralive Code Department of Environmental Quality — Air Pollution Control

B.

~ 1. Each issued permit shall include provisions specifying the conditions under which the permit shall be reopened prior to the expiration of the permit. A permit shall bereopened and revised under any of the following circumstances:

a. Additional applicable requirements under the Actbecome applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than 18months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the pennit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to R18-2-322(B). Any permit revision required pursuant to this subsection shall comply with provisions in R18-2-322 for permit renewal and shall reset the five-year permit term. b. 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 Class I permit.

c. The Director or the Administrator determines thatthe permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit. d. The Director or the Administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements. 2. 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 permitissuance and shall, except for reopenings under subsection (A)(1)(a), affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable. 3. Reopenings under subsection (A)(1) shall not be initiated before a notice of such intent is provided to the source by the Director at least 30 days in advance of the date that the permit is to be reopened, except that the Director may provide a shorter time period in the case of an emergency. 4. When a permit is reopened and revised pursuant to this Section, the Director may make appropriate revisions to the permit shield established pursuant to R18-2-325. Within 10 days of receipt of notice from the Administrator that cause exists to reopen a Class I permit, the Director shall notify the source. The source shall have 30 days to respond to the Director. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, or within any extension to the 90 days granted by EPA, the Director shall forward to the Administrator and the source a proposeddetermination of termination, revision, or revocation and reissuance of the permit. Within 90 days of receipt of an EPA objection to the Director's proposal, the Director shall resolve the objection and act on the permit. The Director may issue a notice of terrnination of a permit or registration issued pursuant to this Chapter if: 1. The Director has reasonable cause to believe that the permit or registration was obtained by fraud or misrepresentation. 2. The person applying for the permit or registration failed to disclose a material fact required by the applicationform or the regulation applicable to the permit or registration, 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 or registration have been or are being violated.D. If the Director issues a notice of termiriation under this Section, the notice shall be served on the permittee by certifiedmail, 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.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-321 renumbered without change as R18-2-321(Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

A. permit being renewed is subject to the same pro dural re irements, including any for public partici ion and affec d states 

### an d Administrator review, that uld apply to that pe 't's initial issuance.B. Except as p vided in R18-2-303(A), pe rt expiration terminates the sour 's right to operate unl s a timely application for renewal that is ufficient under ..S. § 41-1064 has been submitted in accorda ce with -2-304. Any testing that is required for renewal sh 1 b completed before the proposed permit is issued by the Dir tor. C. The Director shall act an plication for a permit renewal within the same time ames as an initial permit.

Historical Note Adopted eff ctive September 22, Xh pp. 83-5). Former Sec 'on R9 3 322 renumberet change as R18-2-3 (Supp. 87-3). Amended effective De mber 1, 19 (Supp. 88 4). Section repealed, new Sect 

### a

opted effective November 15, 1993 (Supp. 93 4).

R18-2-323. Permit Transfers A. Except as provided in A,R.S. § 49-429 and subsection (B), a Class I or II permit may be transferred to another person if the person who bolds the permit gives notice to the Director in writing at least 30 days before the proposed transfer. The notice shall contain the following: 1. The perrnit number and expiration date; 2. The name, address, and telephone number of the cun•ent permit holder; 3. The name, address and telephone number of the person to receive the permit; 4. 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; 5. A description of the equipment to be transferred; 6. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee; 7. Provisions for the payment of any fees pursuant to R18-2- 326 or R18-2-501 that will be due and payable before the effective date of transfer; 8. Suffrcient information about the source's technical and financial capabilities of operating the source to allow the Director to make the decision in subsection (B) including:a. The qualifications of each person principally responsible for the operation of the source;

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Department of Environmental Quality — Air Pollution Control

b. A statement by the chief financial officer of the new permittee that it is financially capable of operating the facility in compliance with the law, and theinformation that provides the basis for that statement;

c. A brief description of any action for the enforcement of any federal or state law, or any county, city, orlocal government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for operating the facility 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. B. The Director shali deny the transfer if the Director determines that the organization receiving the permit is not capable of operating the source in compliance with A.R.S. Title 49,Chapter 3, Article 2, the provisions of this Chapter or the provisions of the permit. Notice of the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within 10 working days of the Director's receipt of the application. If the transfer is not denied within 10 working days after receipt of the notice, it shall be deemed approved. C. To appeal the transfer denial: 1. Both the transferor and transferee shall petition the Officeof Administrative Hearings in writing for a public hearing; and 2. All parties shall follow the appeal process for a permit, 

### 0 The Director shall make available to the public monthly summaries of all notices received under this Section.

Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-323 renumbered without change as R18-2-323 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 12 A.A.R. 4698, effective February 3, 2007 (Supp. 06-4).

A portable source that will operate for the duration of i persolely in one coun 

### ty that has established a local ' pollution ontrol program pursuant to A.R.S. § 49-479 all obtain a perm' from that county. A portable source

~ th a coun 

### ty permit sh not operate in any other county, portable source that has a pe it issued by the Director obtains a county permit shall re est that the Director rminate the permit. Upon issuance of e county permit, e permit issued by the Director is no longer id. B. A portable source which s a c nty permit but proposes to operate outside that county 11 obtain a permit from the Director. A po 

### rt able source t t has a permit issued by a

C. Before comme tion incounty, the source

to subsectio ). An owner f portable source equihich requir a permit und r this Chapter shall obtaimit prior to re ng county and ob/

neit is\

nn the Director shall request that the inate t. Upon issuance of a permit by the e count is no longer valid.

shall notify the d the cfic who has jurisdiction in the c nclude loca ' n according

or le ing said equipment. This permit shall be provided by t

~ 

### , o er to the renter or lessee, and the renter or lessee shall be b und by the permit provisions. In the event a copy of the ermi is not provided to the renter or lessee, both the own r and the ssee or renter shall be responsible for the oper ion of this e uipment in compliance with the .permit co7

10ic 

### "ation ons and any vio tionsthereof. D. A portab e source may be transferred from on to



### an other pr ided that the owner or operator of s ch equipmentnotifies the irector and any control officer w o has jurisdiction over the ographic area that includes t new location of the transfer by ertified mail at least 10 w rking days before the tr 

### an sfer. The notification required u der this subsection shall include: 1. A description the equipment t be transferred including the permit nu ber for such auinment: 2. A description of th present 3. A description of the catior. be transferred, inclu ' g such as water and ele ci operation of all control ij 4. The date on which th equi 5. The date on which eratior at the new locatio E. Any permit for a port le source will assure complia ce with all E authorized locatio .

Historical Note Adopted e ective November 15, 1993 (Sup 93-4). mended y final rulemaking at 18 A.A.R. 154 effec tive August 7, 2012 (Supp. 12-2).

Each Class I or II permit issued under this Chapter shall spcifically identify all federal, state, and local air pollution nol requirements applicable to the source at the ti the
p it is issued. The permit shall state that compli e with the onditions of the permit shall be deemed compl' ce with any a plicable requirement as of the date of pe 't issuance, provid that such applicable requirements are ncluded and expressl identified in the permit. The Directo ay include in a permit eterminations that other require ents specifically identified e not applicable, Any permit nder this Chapter that does no expressly state that a pe rt shield exists shall not provide su a shield. B. Nothing in this ction or in any pe it shall alter or affect the following: 1. The provision of Section 03 of the Act (emergency orders), includi the a horitv of the Administrator under that Section; 2. The liability of an or operator of a source for any violation of applici uirements prior to or at the time of permit issuance 3. The applicable r quirem ts of the acid rain program, consistent with ection 408 ) of the Act; 4. The ability of e Administra r or the Director to obtain information om a source purs ant to Section 114 of the Act, or any rovision of state lar 5. The auth ity of the Director to e compliance with new ap icable requirements ae after the permit is

C. In )p'to the provisions of R18-2-321, permit may be

6y the Director and the permit shiel evised when it is det .ined that standards or conditions in e permit are
based incorrect information provided by the ap licant.

Historical Note y rule adopted effective September 17, 199 to A.R.S. § 41-1026, valid for only 90 days

) which the equipment is to availability of all utilities, , necessary for the proper

t is to be moved; and the equipment will begin

:ain conditions that requirements at all -

June 30, 2012 Page 49 Supp. 12-2Title 18. Ch. 2 ArizonaAdntinistrative Code Department of Environmental Quality — Air Pollution Control

\ Administrator as a revision to the applicableimp e mentation plan pursuant to Section 110(1) of th Act and shall become effective upon approva y the Administrator. b. he conditional order varies from requirements o permit issued for a facili at is required to obtai a permit pursuant to itle V of the Act, in which se the condition order shall be submitted to the A inistrator i required by Section 505 of the Act an hall e effective at the end of the review period ecified in such section, unless objected to w' in ch period by the Administrator. F. Violation of the te s and con ' ions of the conditional ordershall subject the urce to suspensi or revocation of the conditional order ' accordance with A.R. ' 49-441.

' Historical Note effective November 15, 1993 (Supp. -4)

s and Conditions of

A. The terms and conditions of either a delayed compliance der 0) or consent decree shall be incorporated into permit thro a permit revision. In the event the permit pires prior to the e iration of the DCO or consent dec e, the DCO or consent de e shall be incorporated into a permit renewal. B. The owner or erator of a source subj to a DCO or consentdecree shall subm o the Director a arterly report of the status of the source an nstructio progress and copies of any E. reports to the Administ o required under the order ordecree. The Director may q' additional reporting requirements and conditions i ermits is d under this Article. C. For the purpose of is Chapter, sourc ubject to a consent decree issued by federal court shall meet same requirements as thos subject to a DCO.

Historical Note effective November 15, 1993 (Supp. 93-4). F

•2=330. Public Participation 

### ri The Director shall provide public notice, an opportunity forpublic comment, and an opportunity for a hearing before taking any of the foliowing actions: 1. A permit issuance or renewal of a permit, 2. A significant permit revision, 3. Revocation and reissuance or reopening of a permit, 4. Any conditional orders pursuant to R18-2-328, 5. Granting a variance from a general permit under R18-2- 507 and R18-2-1705, B. The Director shall provide public notice of receipt of complete G applications for permits or permit revisions subject to Article 4of this Chapter by publishing a notice in a newspaper of general circulation in the county where the source is or will be located. C. The Director shall provide the notice required pursuant to subsection (A) as follows: l. The Director shall publish the notice once each week fortwo consecutive weeks in two newspapers of general circulation in the county where the source is or will be located. 2. The Director shall mail a copy of the notice to persons on a mailing list developed by the Director consisting of those persons who have requested in writing to be placed on such a mailing list. 

### [a The notice required by subsection (C) shall include the following: 1. Identification of the affected facility; 2. Name and address of the permittee or applicant; 3. Name and address of the permitting authority processing the permit action; 4. The activity or activities involved in the permit action; 5. The emissions change involved in any permit revisions;
6. The air contaminants to be emitted; 7. If applicable, that a notice of confidentiality has been filed under R18-2-305; 8. If applicable, that the source has submitted a risk management analysis under R18-2-1708; 9. 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 snch requests or comments; 10. The name, address, and telephone number of a person from the Department from whom additional information may be obtained; 11. Locations where copies of the permit or permit revision application, the proposed permit, and all other materials available to the Director that are relevant to the permitdecision may be reviewed, including the closest Department office, and the times at which they shall be available for public inspection. 12. The Director shall include a statement in the public noticeif the permit or permit revision would result in the generation of emission reduction credits under R18-2-1204, or the utilization of emission reduction credits under R18-2- 1206. The Director 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 Director shall hold a public hearing only upon written request. If a public hearing is requested, the Director shall schedule the hearingand publish notice as described in A.R.S. § 49-444 and subsection (D). The Director shall give notice of any public hearing at least 30 days in advance of the hearing.At the time the Director publishes the first notice under subsection (C)(1), the applicant shall post a notice containing the information required in subsection (D) 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 locationunder 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 anadditional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is closed. The Director shall provide at least 30 days from the date of its first notice for public comment to receive comments and requests for a hearing. The Director shall keep a record of thecommenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final proposed permit is submitted to EPA, in the case of a Class I permit, or a final decision is made, in the case of a Class 11 permit, the record and copies of the Director's responses shall be made available to the applicant and all commenters.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 1815, effectiveMarch 18, 2002 (Supp. 02-1). R18-2-330 has been corrected to include subsection (D)(12), which was omitted when the Section was amended in the 02-1 supplement (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended

Supp. 12-2 Page 54 June 30, 2012Arizona Administrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control



### . ~ 

### rwi St 

# ~ 6 ' \

s rm

~ 4~, ertective vugu st

~ R. t

~ J 1. 213.25 feet (65 meters);

7, 2012 (supp. 12-2). 2. For stacks in existence on January 12, 1979, and for

18-2-331. Material Permit Conditions which the owner or operator had obtained all applicable preconstruction permits or approvals required under 40 For the purposes of A.R.S. §§ 49-464(G) and 49-514(G), a CFR Parts 51 and 52 and R18-2-403, Hg = 2.511; "material pernlit condition" shall mean a condition which sat 3. For all other stacks, Hg = H+ 1.5L, where isfies all of the following: Hg = good engineering practice stack height, mea- The condition is in a permit or permit revision issued y sured from the ground-level elevation at the base of the Director or a control officer after November 15, 1 3. the stack; 2. The condition is identified within the permit as a ma erial H= height of nearby structure measured from the permit condition. 3. he condition is one of the following: ground-level elevation at the base of the stack;
An enforceable emission standard imposed o avoid L= lesser dimension (height or projected width) of
classification as a major modification r major nearby structure; provided that the EPA, the Director, or local control source or to avoid triggering any other pplicable agency may require the use of a field study or fluid model requirement; b. A requirement to install, operate, or ma' tain a max- 4. to verify GEP stack height for the source; or The height demonstrated by a fluid model or a field study um achievable control technology or hazardous approved by the reviewing agency, which ensures that the a'r pollutant reasonably available con rol technology emissions from a stack do not result in excessive concenr uired under Article 17 of this Ch pter; trations of any air pollutant as a result of atmospheric c. A equirement for the installation r certification of downwash, wakes, or eddy effects created by the source a onitoring device; d. A quirement for the installat'on of air pollution itself, nearby structures, or nearby terrain obstacles;
cont ol equipment; 5. For a specific structure or terrain feature, nearby" shall

e. A re uirement for the operati n of air pollution con- be:

a. For purposes of applying the formulae in subsec- trol e ipment; f. An op ity standard requir d by Section 111 or Title tions (B)(2) and (3), that distance up to five times

I, Part or p of the Act. the lesser of the height or the width dimension of a

4. Violation of t e condition is ot covered by A.R.S. § 49- structure but not greater than 0.8 km (1/2 mile). b. For conducting demonstrations under subsection 464(A) throug (F), or (H) hrough (J) or A.R.S. § 49- (B)(4), means not greater than 0.8 km (1/2 mile). An 514(A) through F), or (H) hrough (J). exception is that the portion of a terrain feature may B. For the purposes of s bsectio s(A)(3)(c), (d), and (e), a per- be considered to be nearby which falls within a dis- mit condition shall not e ma erial where the failure to comply tance of up to 10 times the maximum height (H+) of resulted from circumsta e which were outside the control of, the feature, not to exceed 2 miles if such feature the source. As used in thi ection, "circumstances outside the achieved a height (H+) 0.8 km from the stack. The control of the source" sh I ean circumstances where the vio- height shall be at least 40% of the GEP stack height lation resulted from a dd and unavoidable breakdown of determined by the formula provided in subsection 'pment, the process or the co rol eq resulted from unavoid- (B)(3), or 85 feet (26 meters), whichever is greater, able conditions duri a start u or shut down or resulted from as rneasured from the ground-level elevation at the upset of operations. base of the stack. C. For purposes of is Section, th term "emission standard" 6. "Excessive concentrations" means, for the purpose of shall have the m 

### an ing specified in 

### R.S. §§ 49-464(U) and determining good engineering practice stack height under 49-514(T). subsection (B)(4):

Historical Note a. For sources seeking credit for stack height exceedAdopted ffective November 15, 1993 ( pp. 93-4). ing that established under subsections (B)(2) and Amende effective June 4, 1998 (Supp. 98- Amended (3), a rnaximum ground-level concentration due to by final ulemaking at 12 A.A.R. 1953, effecti January emissions from a stack due in whole or in part to

1, 2007 (Supp. 06-2). downwash, wakes, and eddy effects produced by

R18-2-332. Stack Height Limitation nearby structures or nearby terrain features which individually is at least 40% in excess of the maxi- A. The limitations set forth herein shall not apply to stacks or dis- mum concentration experienced in the absence of persion techniques used by the owner or operator prior to such downwash, wakes, or eddy effects and which December 31, 1970, for which the owner or operator had: contributes to a total concentration due to emissions 1. Begun, or caused to begin, a continuous program of phys- from all sources that is greater than an ambient air ical on-site construction of the stack; quality standard. For sources subject to the require- 2. Entered into building agreements or contractual obliga- ments for permits or permit revisions under Article 4 tions, which could not be cancelled or modified without of this Chapter, an excessive concentration alterna- substantial loss to the owner or operator, to undertake a tively means a maximum ground-level concentration program of construction of the stack to be completed in a due to emissions from a stack due in whole or part to reasonable time; or 3. Coal-fired steam electric generating units, subject to the downwash, wakes or eddy effects produced by

rovisions of Section 118 of the Act which commenced nearby structures or nearby terrain features which individually is at least 40% in excess of the maxi- operation before July 1, 1975, with stacks constructed mum concentration experienced in the absence of under a construction contract awarded before February 8, such downwash, wakes, or eddy effects and greater 1974. B. GEP stack height is calculated as the greater of the following than the applicable maximum allowable increase contained in R18-2-218. The allowable emission four numbers in subsections (1) through (4):

June 30, 2012 Page 55 Supp. 12-2Title 18, Ch. 2 ArizonaAdndnistrative Code
Department of Environmental Quality - Air Pollution Control

C.

La

E. rate to be used in making demonstrations under subsection (13)(4) shall be prescribed by the new source performance standard which is applicable to thesource category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator; b. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subsections (11)(2) and (3), either: i. A maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects as provided in subsection (11)(6)(a), except that emission rate specified by any applicable SIP shall be used; or ii. The actual presence of a local nuisance caused by the existing stack, as determined by the Director; and

C. For sources seeking credit after January 12, 1979, for a stack height determined under subsections (13)(2) and (3), where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit afterNovember 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, basedon the aerodynamic influence of structures not adequately represented by the equations in subsections(13)(2) and (3), 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 the absence of such downwash, wakes, or eddy effects. The degree of emission limitation required of any source after the respective date given in subsection (A) above 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. 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 maximum allowable increases under R18-2-218 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 modelling the source using the GEP stack height as determined herein and assuming the elevated terrain features to be equal in elevation to the GEP stack height. If this adjusted 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, Before the Director issues a permit or permit revision under this Article to a source based on a good engineering practice stack height that exceeds the height allowed by subsection (B), the Director shall notify the public of the availability of thedemonstration study and provide opportunity for a public hearing in accordance with the requirements of R18-1-402.

Historical Note Adopted effective November 15, 1993 (Supp. 93-4). A. 4 CFR 72, 74, 75 and 76 and all accompanying appendices, ad ted as of July 1, 2006, (and no future amendments) ar inco orated by reference as applicable requirements. T se stand ds are on file with the Department and shall be a plied by the epartment. These standards can be obtained om theU.S. Go mment Printing Office, Superintendent of Documents, Mai top SSOP, Washington D.C. 20402- 28. B. When used in 0 CFR 72, 74, 75 or 76, "Permi 'ng Authority" means the Ariz a Department of Enviro ntal Quality and "Administrator" eans the Administrator the United States Environmental Prot ction Agency. C. If the provisions or\

relationents of e regulations incorporated in this Sectiont with ny of the remaining portions of this Title, th incorporated in this Section apply and take prece

Histori Note Adopted effective Oc ber 1994 (Supp. 94-4). Amended effective D cember 1995 (Supp. 95-4). Amended effective ecember 4, 1997 (Supp. 97-4). Amended by final r emaking at 

### 5 A. .R. 3221, effective August 12,1999' Supp. 99 3). Ame ed by final rule making at 6 A .R. 4170, effective 0 tober 11, 2000 (Supp. 00-4). ended by final rulemak g at 8 A.A.R. 2543, effecti e May 24, 2002 (Supp. 02-2). ended by final rulem ing at 10 A.A.R. 3281, effectiv September 27, 2004 Supp. 04-3). Amended by final rule aking at 11 A.A. . 5504, effective February 4, 2006 (Sup 05-4).Amen ed by final rulemaking at 13 A.A.R. 4199, ffective January 5, 2008 (Supp. 07-4).

ew ource Review A. YOvlicabilitv.

xcept as provided in subsection (A)(4), this Section all apply to the following activities:

a. Construction of any new Class I or Class II so ce, including the construction of any source requ' ing a lass II permit under R18-2-302.01(C)(4); o b. Axv minor NSR modification to a Class I r Class II

2. This Sectishall apply to a regulated min NSR pollutant emitted a new stationary source, ' the source will have the pot tial to emit that pollu nt at an amountequal to or grea r than the pennitti exemption threshold. 3. This Section shall a ly to an i rease in emissions of aregulated minor NSR ollutan rom a minor NSR modification, if the modific ion ould increase the source's potential to emit that pol nt by an amount equal to or greater than the permittin xemption threshold. 4. This Section shall not ply o the emissions of a pollutant fromany of the ac vities i entified in this subsection, if the emissions of

at plluta are subject to Article 4 of this Chapter. B. No person shall begi actual constructio of a new stationary source, or minor N R modification, sub ct to this Section without first obtai ng a permit, a pennit re 'sion, a proposed final permit, or proposed final permit re 'sion from the Director in acc dance with R18-2-304. C The Director all not issue a proposed final Class permit or permit revisi n or a Class II permit or pennit revisio subject to this Sec ' n to a person proposing to construct a new ourceor make minor NSR modification unless the source or m dification eets one of the following conditions for each regulated inor NSR pollutant subject to this section: 1 e "owner or operator elects to implement RACT.

Supp. 12-2 Page 56 June 30, 2012Title 18, Ch. 2 Arizona Adnunistratfve Code Department of Environmental Quality — Air Pollution Control

ons shall be included in subsequent permit renewals unle a complete permit application is received by the

r ~ ified pursuant to this Section or Article 4 of this Ch er. Administrator for a permit required under 40 CFR K. 'fhe uance of a permit or permit revision under t' Section 52.21 or by the Director for.a permit required under shall no elieve the owner or operator of the r onsibility to the state implementation plan, whichever is earlier, comply fu with applicable provisions the SIP and any except that the 10-year period shall not include any other requireme under local, state, ederal law. period earlier than November 15, 1990. L. Delayed Effective te, This Se on shall take effect on the i. The average rate sha.11 include fugitive emis effective date of the A inis tor's action approving it as part sions to the extent quantifiable, and emissions of the state implementat' lan. associated with startups, shutdowns, and malHistorical te New Secti made by final rulem 'ng at 18 A.A.R. functions. ii. The average rate shall be adjusted downward to

15 , effective August 7, 2012 (S . 12-2).

, exclude any non-compliant emissions that occurred while the source was operating above ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR any emission limitation that was legally SOURCES AND MAJOR MODIFICATIONS TO EXISTING enforceable during the consecutive 24-month

MAJOR SOURCES period. This provision applies to excess emisR18-2-401. Definitions sions associated with a malfunction. The following definitions apply to this Article: iii. The average rate shall be adjusted downward to

I. `Adverse impact on visibility" means visibility impair- exclude any emissions that would have exceeded an emission limitation with which the ment that interferes with the management, protection, major source must currently comply, had such preservation, or enjoyment of the visitor's visual experi- major source been required to comply with ence of a Class I area, as determined according to R18-2- such limitations during the consecutive 24- 410. 2. "Baseline actual emissions" means the rate of emissions, month period. However, if an emission limitain tons per year, of a regulated NSR pollutant, as deter- tion is part of a maximum achievable control technology standard that the Administrator pro- mined in accordance with subsections (2)(a) through (c). posed or promulgated under 40 CFR 63, the a. For any existing electric utility steam generating baseline actual emissions need only be adjusted unit, baseline actual emissions means the average if the state of Arizona has taken credit for such rate, in tons per year, at which the unit actually emit- emissions reductions in an attainment demon ted the pollutant during any consecutive 24-month stration or maintenance plan submitted to the period selected by the owner or operator within the Administrator pursuant to section 110(a)(1) of five-year period immediately preceding when the the Act. owner or operator begins actual construction of the iv. For a regulated NSR pollutant, when a project project. The Director shall allow the use of a differ- involves multiple emissions units, only one ent time period upon a determination that it is more consecutive 24-month period must be used to representative of normal source operation. deter

- rnine the baseline actuai emissions for all i. The average rate shall include fugitive emis- existing emissions units affected by the project. sions to the extent quantifiable, and emissions A different consecutive 24-month period may associated with startups, shutdowns, and mal- be used for each regulated NSR pollutant. functions. ii. The average rate shall be adjusted downward to v. The average rate shall not be based on any conexclude any non-compliant emissions that secutive 24-month period for which there is inadequate infonnation for determining annual occurred while the source was operating above emissions, in tons per year, and for adjusting any emission limitation that was legally enforceable during the consecutive 24-month this amount if required by subsection (2)(b)(ii)
period. or (iii).

iii. For a regulated NSR pollutant, when a project c. For a new emissions unit, the baseline actual emisinvolves multiple emissions units, only one sions for purposes of determining the emissions
consecutive 24-month period must be used to increase that will result from the initial construction

determine the baseline actual emissions for the and operation of such unit shall equal zero; and emissions units being changed. A different con- thereafter, for all other purposes, shall equal the secutive 24-month period can be used for each unit's potential to emit. d. For a PAL for a stationa 

### ry source, the baseline actual regulated NSR pollutant



### , iv. The average rate shall not be based on any con- emissions shall be calculated for existing electric secutive 24-month period for which there is utility steam generating units in accordance with the inadequate information for determining annual procedures in subsection (2)(a), for other existing emissions, in tons per year, and for adjusting emissions units in accordance with the procedures this amount if required by subsection (2)(a)(ii). contained in subsection (2)(b), and for new emisb. For any existing emissions unit (other than an elec- sions units in accordance with the procedures contric utility steam generating unit), baseline actual 3. tained in subsection (2)(c). "Basic design parameter" means: emissions means the average rate, in tons per year, at a. Except as provided in subsection (3)(c), for a pro which the unit actually emitted the pollutant during any consecutive 24-month period selected by the cess unit at a steam electric generating facility, the owner or operator within the 10-year period immedi- owner or operator may select as its basic design ately preceding either the date the owner or operator parameters either maximum hourly heat input and begins actual construction of the project, or the date maximum hourly fuel consumption rate or maxiSupp. 12-2 Page 58 June 30, 2012ArizonaAdnunistrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

mum hourly electric output rate and maximumsteam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on Btu content shall be used for determining the basic design parameters for a coal-fired electric utility steam generating unit. b. Except as provided in subsection (3)(c), the basic design parameters for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of materialinput, or maximum rate of product output. Combustion process units will typically use maximum rateof fuel input. For sources having multiple end products and raw materials, the owner or operator shouldconsider the primary product or primary raw material when selecting a basic design parameter.

c. If the owner or operator believes the basic design parameters in subsections (3)(a) and (b) are not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Director an alternative basic design parameters for the source's process unit. If the Director approves of the use of an alternative basic design parameters, theDirector shall issue a permit that is legally enforceable that records such basic design parameters and requires the owner or operator to comply with such parameters. d. The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, orengineering calculations, in establishing the magnitude of the basic design parameters specified in subsections (3)(a) and (b).

e. If design information is not available for a process unit, then the 'owner or operator shall determine the process unit's basic design parameters using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity. f. Efficiency of a process unit is not a basic design parameter. g. The replacement activity shall not cause the processunit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable. "Complete" means, in reference to an application for a permit or permit revision, that the application contains all the information necessary for processing the application. "Dispersion technique" means any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following:

a. Using that portion of a stack that exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. 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 one stack; or other selective handling of exhaust gas streams that increases the exhaust gas plume rise. This shall not include any of the following: i. 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 itwas originally discharged fromthe facility generating the gas stream. The merging of exhaust gas streams under any of the following conditions: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with the merged gas streams; (2) After July 18, 1985, the merging is part of a change in operation at the facility thatincludes 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, the merging was part of a change in operation at the facility thatincluded 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 Department shall presume that merging was significantly motivated by an intent to gain emissions credit forgreater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Department shall denycredit for the effects of the merging in calculating the allowable emissions for the

source. iii. Srnoke management in agricultural or silvicultural prescribed burning programs. iv. Episodic restrictions on residential woodburning and open burning.

v. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 6. "Existing emissions unit" is any emissions unit that is currently in existence and that is not a new emissions unit. A replacement unit is an existing emissions unit. 7. "High terrain" means any area having an elevation of 900 feet or more above the base of the stack of 

### a source. 8. "Innovative control technology" means any system of airpollution 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 nonair quality environmental impacts. 9. "Low terrain" means any area other than high terrain. 10. "Lowest achievable emission rate" (LAER) means, for any source, the more stringent rate of emissions based on one of the following:a. The most stringent emissions limitation that is contained in any implementation plan approved or promulgated under sections 110 or 172 of the Act for the class or category of stationary source, unless the 4.

5.

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owner or operator of the proposed stationary source demonstrates that the limitation is not achievable; or b. The most stringent emissions limitation that isachieved in practice by the class or category of stationary source. This limitation, when applied to amodification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. The application of this term shall not permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standards of performance in Articles 9 and 11 of this Chapter. 11. "Major source" means: a, Any stationary source located in a nonattainment area that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant, except that the following thresholds shall apply in areas subject to subpart 2, subpart 3 or subpart 4 of part D, Title I of the Act:

Pollutant Emitted Nonattainment Quantity Threshold

Pollutant and tons/year or more Classification

Carbon Monoxide CO 3 Serious, if 50 (CO) stationary sources

contribute significantly to CO levels in the area as determined under rules issued by the Administrator

VOC VOC Ozone, Serious 50 PM i p Ozone, Severe 25 NO, PM I p, Serious 70 NO X Ozone, Serious 50

Ozone, Severe 25

b. 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 regulatedNSR pollutant if the source is classified as a Categorical Source, or 250 tons per year or more of anyregulated NSR pollutant if the source is not classified as a Categorical Source;

c. Any stationary source that emits, or has the potential to emit, five or more tons of lead per year; d. A major source that is major for VOC or nitrogen oxides shall be considered major for ozone; or

e. The fugitive emissions of a stationary source shallnot be included in determining for any of the purposes of this Section whether it is a major stationary source, unless the source belongs to a section 3020) category. 12. "New emissions unit" means any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emissions unit first operated. 13. "Plantwide applicability limitation" or "PAL" means an emission limitation that is based on the baseline actual emissions of all emissions units at the. stationary source that emit or have the potential to emit the PAL pollutant, expressed in tons per year, for a pollutant at a majorsource, that is enforceable as a practical matter and established source-wide in accordance with this Section. 14. "PAL allowable emissions" means "allowable emissions"as defined in R18-2-101, except that the allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 15. PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 16. "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later. 17. "PAL major modification" means any physical change in or change in the method of operation of the PAL source that causes it'to emit the PAL pollutant at a level equal to or greater than the PAL. 18. "PAL perrnit" means the permit issued by the Director that establishes a PAL for a major source. 19. "PAL pollutant" means the pollutant for which a PAL is established at a major source. 20. "Projected actual emissions" means: a. The maximum annual rate, in tons per year, at whichan existing emissions unit is projected to emit a regulated NSR pollutant during any 12-month period in the 60 calendar months following the date the unit resumes regular operation after the project, or in any12-month period in the 120 calendar months following that date if the project involves increasing the design capacity or potential to emit of any emissionsunit for that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major source. b. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major source: i. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the county,state or federal regulatory authorities, and compliance plans under these regulations; and ii. Shall include fugitive emissions to the extent quantifiable; iii. Shall include emissions associated with startups and shutdown.s, except emissions from a shutdown associated with a malfunction; and iv. Shall exclude, only for calculating any increase in emissions that results from the particularproject, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24- month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or c. In lieu of using the method set out subsections (20)(b)(i) through (iv), the owner or operator may elect to use the emissions unit's potential to emit, in tons per year. 21. "Reconstruction" of sources located in nonattainment areas 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

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source, as determined in accordance with the provisions 

### of 40 CFR 60.15(f)(1) through (3). 22, "Replacement unit" means an emissions unit for which all the criteria listed in subsections (22)(a) through (d) are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

a. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissionsunit completely takes the place of an existing emissions unit. b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

c. The replacement does not alter the basic design parameters of the process unit. d. The replaced emissions unit is peimanently removedfrom the major source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If thereplaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 23 "Resource recovery project" means 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. Only energy conversion facilities that utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project under this Article. 24 "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit,25. "Significance levels" means the following ambient concentrations for the enumerated pollutants:

Averaging Time

Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour

S0 2 I μg/m 3 5 μg/m 3 25 μg/m 3

NO 2 1 μg/rn 3

CO 0.5 mg/m 3 2 mg/m 3

PMIO 1 μg/m 3 5 μg/m 3
PM 2 5 0.06 μg/m 0.07 μg/m Class I area PM z 5 0.3 μg/m 1.2 μg/m Class II area PM Z 5 

### 1 0.3 μg/m Class III area

Except for the annual pollutant concentrations, the Department shall deem that exceedance of significance levels has occurred when the ambient concentration of the above pollutant is exceeded more than once per year at any one location. If the concentration occurs at a specific location and at a time when Arizona ambientair quality standards for the pollutant are not violated, the significance level does not apply.

26. "Small emissions unit" ineans an emissions unit that emits or has the potential to emit the PAL pollutant in anamount less than the significant level for that PAL pollutant.
Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-401 renumbered without change as Section R18-2- 401(Supp, 87-3). Section R18-2-401 renumbered to R18- 2-601. New Section R18-2-401 adopted effectiveNovember 15,1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Typographical error corrected in R18-2- 401(9)(a) (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 1134, effective May 5, 2007 (Supp. 07-1).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-402. General A. The preconstruction review requirements of this Article shall apply to the construction of any new major source or any project at an existing major source. B. The requirements of R18-2-403 through R18-2-410 apply to the construction of a major source or a major modification of any existing stationary source, except as this Article otherwise provides. C. No person shall begin actual construction of a new major source or a major modification subject to the requirements ofR18-2-403 through R18-2-410 without first obtaining a proposed final permit from the Director, pursuant to R18-2- 307(A)(2), stating that the major source or riiajor modification shall meet those requirements. D. The requirements of this Article apply to projects at major sources in accordance with the following principles. 1. Eiccept as otherwise provided in subsection (E), a project is a major modification for a regulated NSR pollutant if itcauses both a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. 2. The procedure for calculating before beginning actual construction whether a significant emissions increase will occur depends upon the types of emissions units being modified as set forth in subsections (D)(3) through (6). The procedure for calculating before beginning actual construction whether a significant net emissions increase will occur at the major source is set forth in the definition of net emissions increase in R18-2-101. Regardless ofany such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. 3. Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significantemissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between theprojected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant. 4. Actual-to-potential applicability test for projects that only involve new emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. 5. [Reserved.] 6. Hybrid applicability test for projects that involve bothnew emissions units and existing emissions units: A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each ernissions unit, using the method specified in

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subsection (D)(4), as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant. Any major source with a PAL for a regulated NSR pollutant shall comply with R18-2-412.This subsection applies with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of subsection (F)(6) of this Section, that a project that is not a part of 

### a major modification may result in a significant emissions increase of such pollutant and the owner or operator elects to use the method specifred in R18-2- 401(20)(b)(i) through (iv) of the definition of projected actual emissions for calculating projected actual emissions. 1. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

a. A description of the project; b. Identification of the emissions unit(s) with emissions of a regulated NSR pollutant that could be affected by the project;

c. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under R18-2- 401(20)(b)(iii) of the definition of projected actual emissions and an explanation for why such amount was excluded; and d. Any netting calculations, if applicable. 2. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out subsection (17)(1) to the Director. Nothing in this subsection shall be construed to require the owner or operator of such a unit to obtain any determination from the Director before beginning actual construction. 3. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result ofthe project and that is emitted by any emissions unit identified in subsection (1 7 )(1)(b); and calculate and maintaina record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for aperiod of 10 years following resumption of regular operations after the change if the project increases the designcapacity or potential to emit of that regulated NSR pollutant at such emissions unit. For purposes of this subsection, fugitive emissions (to the extent quantifiable) shall be monitored if the emissions unit is part of a section 3020) category or if the emissions unit is located at a major stationary source that belongs to a section 3020) category.4. The owner or operator shall submit a report to the Director if for a calendar year the annual emissions, in tons per year, from the project identified in subsection (F)(1)(a)exceed the sum of the baseline actual emissions, as documented and maintained under subsection (F)(1)(c), by a significant amount for that regulated NSR pollutant, and if the emissions differ from the preconstruction projection as documented and maintained under subsection (17)(1)(c). The owner or operator shall submit the report to the Director within 60 days after the end of the calendar year. The report shall contain the following: a. The name, address and telephone number of the major source; b. The annual emissions as calculated pursuant to subsection (F)(3); and

c. Any other information that the owner or operator.wishes to include in the report, such as an explanation as to why the emissions differ from the preconstruction projection. 5. Notwithstanding subsection (F)(4), if any existing emissions unit identified in subsection (F)(1)(b) is an electric utility steam generating unit, the owner or operator shall submit a report to the Director within 60 days after the end of each calendar year during which the owner or operator must generate records under subsection (17)(3). The report shall document the unit's post-project annualemissions during the calendar year that preceded submission of the report. 6. A"reasonable possibility" under subsection (F) occurs when the owner or operator calculates the project to result in one of the following:

a. A projected actual emissions increase of at least 50% of the amount that is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. b. A projected actual emissions increase that, added to the amount of emissions excluded under subsection R18-2-401(20)(b)(iv) of the definition of projected actual emissions, sums to at least 50% of the amountthat is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of subsection (F)(6)(b), and not also within the meaning of subsection (F)(6)(a), subsections (17)(2) through (5) do not apply to the project.G An application for a permit or permit revision under this Article, other than a PAL permit pursuant to R18-2-412, shall not be considered complete unless the application demonstrates that: 1. The requirements in subsection (H) are met;2. The more stringent of the applicable new source performance standards in Article 9 of this Chapter or the existing source performance standards in Article 7 of this Chapter are applied to the .proposed new major source or major modification of a major source; 3. The visibility requirements contained in R18-2-410 are satisfied; 4. All applicable provisions of Article 3 of this Chapter are met; 5. The new major source or major modification will be in compliance with whatever emission limitation, design, equipment, work practice or operational standard, orcombination thereof is applicable to the source or modification. The degree of emission limitation required for control of any pollutant under this Article shall not be affected in any manner by;

a. Stack height in excess of GEP stack height except as provided in R18-2-332; or b. Any other dispersion technique, unless implemented prior to December 31, 1970; 6. The new major source or major modification will notexceed the applicable standards for hazardous air pollutants contained in this Chapter; E.

F.

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7. The new major source or major modification will not exceed the limitations, if applicable, on emission from nonpoint sources contained in Article 6 of this Chapter; 8. A stationary source that will emit frve or more tons oflead per year will not violate the ambient air quality standards for lead contained in R18-2-206; 9. The new major source or major modification will not have an adverse impact on visibility, as determined according to R18-2-410. H. Except for assessing air quality impacts within Class I areas, the air impact analysis required to be conducted as part of apermit application shall initially consider only the geographical area located within a 50 kilometer radius from the point ofgreatest emissions for the new major source or major modification. The Director, 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 writtennotice 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, the person applying for the permit or permit revision may use monitoringor 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. I. Unless the requirement has been satisfied pursuant to Article 3 of this Chapter, the Director shall comply with following requirements: 1. Within 60 days after receipt of an application for a peiTrrit or permit revision subject to this Article, or any addition to such application, the Director shall advise the applicant of any defrciency. The date of receipt of the application shall be, for the purpose of this Section, the date on which the Director received all required information. The permit application shall not be deemed complete if the Director fails to meet the requirements of this subsection. 2. A copy of any notice required by R18-2-330 shall be sent to the permit applicant, to the Administrator, and to the following officials and agencies having cognizance over the location where the proposed major source or major modification would occur:

a. The air pollution control offrcer, if one exists, for the county wherein the proposed or existing source thatis the subject of the permit or permit revision application is located; b. The county manager 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 ofwhich are within 5 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 goveming body whose lands may be affected by emissions from the proposed source or modification. 3. The Director shall take frnal action on the application within one year of the proper filing of the completed application. The Director shall notify the applicant in writing of his approval or denial. 4. The authority to construct and operate a new major source or major modification under a permit or permit revision issued under this Article shall terminate if theowner or operator does not commence the proposed construction or major modifrcation within 18 months of issuance or if, during the construction or major modification, the owner or operator suspends work for more than 18 months. The Director may extend the 18-month period upon a satisfactory showing that an extension is justifred. This provision does not apply to the time period betweenconstruction of the approved phases of a phased construction project; each phase must commence constructionwithin 18 months of the projected and approved commencement date.

Historical Note Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-402 repealed, new Section R9-3-402 adopted effective May 14, 1979 (Supp. 79-1). Amended and adopted by reference Open Burning Guidelines for Air Pollution Control effective September 22, 1983 (Supp. 83-5). Former Section R9-3-402 renumberedwithout change as Section R18-2-402 (Supp. 87-3). Section R18-2-402 renumbered to R18-2-602, new Section R18-2-402 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

R18-2-403. Permits for Sources Located in Nonattainment Areas A. Except as provided in subsections (C) through (G) below, no permit or permit revision shall be issued under this Article to a person proposing to construct a new major source or make a major modification that is major for the pollutant for which the area is designated nonattainment unless: 1. 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 regulated NSR pollutant. 2. The person demonstrates that all existing major sourcesowned or operated by that person (or any entity controlling, controlled by, or under common control with thatperson) in the state are in compliance with, or 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 this Chapter. 3. 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 requirements of R18-2-404. B. No permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or makea major modifrcation to a major source located in a nonattainment area unless: 1. The person performs an analysis of alternative sites, sizes, production processes, and environmental controltechniques for such new major source or major modifrcation; and 2. The Director determines that the analysis demonstratesthat the benefits of the new major source or major modification significantly outweigh the environmental andsocial costs imposed as a result of its location, construction, or modifrcation,

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C. 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 establishedafter August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as restriction on hours of operation, then the requirements of this Section shall apply to the source or modification as though construction had not yet commenced on the source or modification. D. Secondary emissions shall not be considered in determiningthe 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 Section on the basis of its direct emissions, a permit or permit revision under this Article to construct the new source or modification shall be denied unless the requirements of R18-2-403(A)(3) and R18-2-404 are met for reasonably quantifiable secondary emissions caused by the new source or modification. E. A permit to construct a new major source or major modification shall be denied unless the conditions specified in subsections (A)(1), (2), and (3) 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 incalculating the potential emissions of the source or modification, and the source does not belong to a section 3020) category. F. The requirements of subsection (A)(3) 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 operatefor no more than 24 months in the nonattainment area, are otherwise in compliance with the requirement to obtain a permit under this Chapter and are in compliance with the conditions of that permit. G. A decrease in actual emissions shall be considered in determining the potential of a new source or modification to emitonly to the extent that the Director has not relied on it in issuing any pennit or permit revision under this Article or the state has not relied on it in demonstrating attainment or reasonable further progress. H. Within 30 days of the issuance of 

### any permit under this Section, the Director shall submit control technology information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act. I. The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

Historical Note Former Section R9-3-403 repealed, new Section R9-3- 403 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-403 renumbered without change as Section R18-2-403 (Supp. 87-3). Section R18-2-403 renumbered to R18-2-603, new Section R18-2-403 adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

R18-2-404. Offset Standards A. Increased emissions by a major source or major modification subject to R18-2-403 shall be offset by real reductions in the actual emissions of each pollutant for which the area has beendesignated as nonattainment and for which the source or modification is classified as major. Except as provided in R18-2- 405, emissions increases shall be offset by decreases at a ratio of at least 1 to 1. B. Except as provided in subsection (13)(1) or (2), for sources andmodifications subject to this Section, the baseline for determining credit for emissions reductions is the emissions limit for the source generating the offset credit under the applicable implementation plan in effect at the time the application for a permit or peirnit revision is filed. 1. The offset baseline shall be the actual emissions of the source from which offset credit is obtained where either of the following conditions is satisfied:

a. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review program was adopted. b. The applicable implementation plan does not contain an emissions limitation for that source or source category.2. Where the emissions limit under the applicable implementation plan allows greater emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below this potential. C. For an existing fuel combustion source, emissions offset credit shall be based on the allowable emissions under the applicable implementation plan for the type of fuel being burned at the time the application to construct is filed. If the existing sourcecommits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable or actual emissions for the fuels involved is not acceptable, unless the permit forthe existing source is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a fuel generating higher emissions. The owner or operator of the existing source must demonstrate that adequate long-tennsupplies of the new fuel are available before granting emissions offset credit for fuel switches. D. Offset Credit for Shutdowns.1. Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be credited for offsets if they meet both of the following conditions.

a. The reductions are surplus, pennanent, quantifiable, and federally enforceable. b. The shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this subsection, the Director may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes theemissions from such previously shutdown or curtailed emission units. However, in no event may credit be given for shutdowns that occurred before August 7, 1977,2. Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in subsection (D)(1)(b) may be credited only if one of the following conditions is satisfied:

a. The shutdown or curtailment occurred on or after the date the construction permit application is filed. b. The applicant can establish that the proposed new emissions unit is a replacement for the shutdown orcurtailed emissions unit, and the emissions reducSupp. 12-2 Page 64 June 30, 2012Arizona Adniinistrative Code Title 18, Ch. 2 • Department of Environmental Quality — Air Pollution Control

tions achieved by the shutdown or curtailment met the requirements of subsection (D)(1)(a). E. No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds," 42 FR 35314 (July 8, 1977). F. All emission reductions claimed as offset credits shall be federally enforceable by the time a permit is issued to the owner 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 operation. C. The owner or operator of a major source or major modification subject to this Section must obtain offset credits from the same source or from other sources in the same nonattainment area, except that the Director may allow the owner or operator to obtain offset credits from another nonattainment area if both of the following conditions are satisfied: 1. The other area has an equal or higher nonattainment classification than the area in which the source is located. 2. Emissions from such other area contribute to a violationof the national ambient air quality standard in the nonattainment area in which the source is located. H. Credit for an emissions reduction can be claimed to the extent that the Director has not relied on it in issuing any permitunder this Article or the state has not relied on it in a demonstration of attainment or reasonable further progress. I. 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 allowabfe emissions after the modification and the actual emissions before the modification for each emissions unit. J. 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 to 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 to 1. New major sourcesand major modifications in serious and severe ozone nonattainment areas shall comply with this Section and R18-2-405.

Historical Note Former Section R9-3-404 repealed, new Section R9-3- 404 adopted effective May 14, 1979 (Supp. 79-1). Amended by adding subsection (C) effective September22, 1983 (Supp. 83-5). Former Section R9-3-404 renumbered without change as Section R18-2-404 (Supp. 87-3). Amended subsection (C) effective December 1, 1988 (Supp. 88-4). Section R18-2-404 renumbered to RI8-2- 604, new Section R18-2-404 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 1815, effectiveMarch 18, 2002 (Supp. 02-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).
R18-2-405. Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious
or SevereA. 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 majorunder 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 intemal offset ratio of at least 1.3 to 1. If the owner or operator does not make such an election, the changeshall constitute a major modification but BACT shail 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 significantincrease 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 l, 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 119-3=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, effectiveSeptember 22,1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

June 30, 2012 Page 65 Supp. 12-2Title 18, Ch. 2 ArizonaAdnunfstrative Code Department of Environmental Quality — Air Pollution Control

R18-2-406. Permit Requirements for Sources Located in Attainment and Unclassifiable Areas A. Except as provided in subsections (B) through (G) below andR18-2-408 (Innovative control technology), no permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a major modification to a major source that would be constructed in anarea designated as attainment or unclassifiable for any regulated NSR pollutant unless the source or modification meets the following conditions: I. A new major source shall apply best available control technology (BACT) for each regulated NSR pollutant for which the potential to emit is significant. 2. A major modification shall apply BACT for each regulated NSR pollutant for which the project 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 change in the method of operation in the unit. 3. For phased construction projects, the determination of 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 BACT for the source. 4. 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. Inno event shall such application of BACT result in emissions of any pollutant, which would exceed the emissionsallowed by any applicable new source performance standard or national emission standard for hazardous air pollutants under Articles 9 and 11 of this Chapter or by theapplicable implementation plan. If the Director determines that technological or economic limitations on the application of ineasurement methodology to a particularemissions 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 thedegree 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. 5. The person applying for the permit or permit revision under this Article performs an air impact analysis and monitoring as specified in R18-2-407, and such analysis demonstrates that allowable emission increases from the proposed new major source or major modification, in conjunction with all other applicable emission increasesor reductions, including secondary emissions, for.all pollutants listed in R18-2-218(A), and including minor and mobile source emissions of nitrogen oxides and PM I o: a. Would not cause or contribute to concentrations ofconventional air pollutants in violation of any ambient air quality standard in Article 2 of this Chapter inany air quality control region or any applicable maximum allowable increase under R18-2-218 over thebaseline concentration for any attainment or unclassified area; or b. Would not contribute to an increase in ambient concentrations for a pollutant by an amount in excess ofthe 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 or nitrogen oxides, or a major modification to a major source of volatile organic compounds or nitrogen oxides shall be presumed to contribute to violations of the Arizona ambient air quality standards for ozone if it will be located within 50 kilometers of a nonattainment area for ozone. The presumption may be rebutted for a newmajor source or major modification if it can be satisfactorily demonstrated to the Director that emissions of volatile organic compounds or nitrogen oxides from the new major source or major modificationwill not contribute to violations of the Arizona ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a demonstration shallinclude 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 volatile organic compounds emitted from the source are not expected to contribute to violations of the ozone standards

. in the adjacent nonattainment areas. 6. Air quality models:

a. All estimates of ambient concentrations required under this Section shall be based on the applicableair quality models, data basis, and other requirements specified in 40 CFR 51, Appendix W, "Guideline On Air Quality Models," as of July 1, 2011 (and no future amendments or editions), which shall be refen•ed to hereinafter as "Guideline" and is adopted by reference and is on file with the Department. b. Where an air quality impact model specified in the "Guideline" is not applicable, the model may be modified or another model substituted. Such a change shall be subject to notice and opportunity for public comment. Written approval of the EPA Administrator shall be obtained for any modification or substitution. B. 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 Article demonstrates that, as to thatpollutant, the source or modification is located in an area designated as nonattainment for the pollutant. C. The requirements of this Section shall not apply to a newmajor source or a major modification if such source or modification would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are considered incalculating the potential emissions of the source or modification, and the source 1980 does not belong to a section 3020) category.
I~ The requirements of this Section shall not apply to a new major source or major modification to a source when theowner of such source is a nonprofit health or educational institution. 

### E. 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 willoperate for no more than 24 months, is under a permit or permit revision under this Article, is in compliance with the conditions of that permit or permit revision under this Article, the emissions from the source will not impact a Class I area nor an

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Department of Environmental Quality — Air Pollution Control

area where an applicable increment is known to be violated,and reasonable notice is given to the Director 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 Director not less than 10 calendar days in advance of the proposed relocation unless a different time duration is previously approved by the Director. F. Special rules applicable to Federal Land Managers: 1, Notwithstanding any other provision of this Section, a Federal Land Manager may present to the Director a demonstration that the emissions attributed to such new major source or major modification to a source would have an adverse impact on visibility or other specificallydefined air quality related values of any Federal Mandatory area designated in R18-2-217(B) regardless of thefact that the change in air quality resulting from emissions attributable to such new major source or major modifrcation to a source in existence will not cause or contribute to concentrations which exceed the maximum allowable increases for the area in R18-2-218. If the Director concurs with such demonstrations, the permit or permit revision under this Article shall be denied. 2. If the owner or operator of a proposed new major source or a source for which major modification is proposeddemonstrates 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 Director, the Director may issue a permit or permit revision under this Article, notwithstanding thefact that the change in air quality resulting from emissions amibutable 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 Article 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 causeincreases in ambient concentrations greater than the following maximum allowable increases over baseline concentrations for such pollutants:

Pollutant Maximum

allowable increase (micrograms per cubic meter)

PM2.5

: Annual arithmetic mean 4

24-hr maximum 9

PM IC

: Annual arithmetic mean 17

24-hr maximum 30

Sulfur dioxide:
Annual arithmetic mean 20
24-hr maximum 91

3-hr maximum 325 Nitrogen dioxide
Annual arithmetic mean 25

G. The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law. H. 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 establishedafter 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 Section shall apply to the source or modification as though construction had not yet commenced on the source or modification.

Historical NoteFonner Section R9-3-405, renumbered effective September 17, 1975 (Supp. 75-1). Former Section 119-3-406 repealed, new Section R9-3-406 adopted effective May14, 1979 (Supp. 79-1). Former Section R9-3-406 renumbered without change as Section R18-2-406 (Supp. 87-3).Section R18-2-406 renumbered to R18-2-606, new Section R18-2-406 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995(Supp. 95-1). The references to R18-2-101(97)(a) in subsection (A)(1) and (2) amended to reference R18-2- 101(104)(a) (Supp. 99-3). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06- 2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-407. Air Quality Impact Analysis and Monitoring RequirementsA. Any application for a permit or permit revision under this Article to construct a new major source or major modification to a major source shall contain an analysis of ambient air quality in the area that the new major source or major modification would affect for each of the following pollutants: 1. For the new source, each pollutant that it would have the potential to emit in a significant amount; 2. For the modification, each pollutant for which it would result in a significant net emissions increase.B. With respect to any such pollutant for which no Arizona ambient air quality standard exists, the analysis shall contain all air quality monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of the pollutant would affect. C. With respect to any such pollutant (other than nonmethanehydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of thatpollutant would cause or contribute to a violation of the standard or any maximum allowable increase. D. 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 Director determines that a complete and adequate analysis can be accomplished with 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.E. The owner or operator of a proposed stationary source or modification to a source of volatile organic compounds who satisfies all conditions of 40 CFR 51, Appendix S, Section IV, mayprovide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under subsections (B), (C), and (D) above. F. Post-construction monitoring. 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 Director determines is necessary to determine the effect

June 30, 2012 Page 67 Supp. 12-2Title 18, Ch. 2 ArizonaAdnunistrative Code Department of Environmental Quality - Air Pollution Control

emissions from the new source or modification may have, or are having, on air quality in any area. Operations of monitoring stations. The owner or operator of a new major source or major modification shall meet the requirements of 40 CFR 58, Appendix B, during the operation of monitoring stations for purposes of satisfying subsections (B) through (F) above. The requirements of subsections (B) through (G) above shall not apply to a new major source or major, modification to anexisting source with respect to monitoring for a particular pollutant if: 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:

a. Carbon Monoxide - 575 μg/m 3 , eight-hour average; b. Nitrogen dioxide - 14 μgJm 3 , annual average;

c. PM 2.5 - 4 μg/m 3 , 24-hour average; d. PM lo - 10 μg/m 3 , 24-hour average;

e. Sulfur dioxide - 13 μg/m 3 , 24-hour average; f. Lead - 0.1 μg/m 3 , 24-hour average;
g. Fluorides - 0.25 μg/m 3 , 24-hour average; h. Total reduced sulfur - 10 μg/m 3 , one-hour average; i. Hydrogen sulfide - 0.04 μg/m 3 , one-hour average; j. Reduced sulfur compounds - 10 μg/m 3 , one-hour
average; k. Ozone - increased emissions of less than 100 tons per year of volatile organic compounds or oxides of nitrogen; or 2. The concentrations of the pollutant in the area that the new source or modification would affect are less than the concentrations listed in subsection (H)(1) above.Any application for permit or permit revision under this Article to construct a new major source or major modification to a source shall contain: 1. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new source ormodification and general commercial, residential, industrial, and other growth associated with the new source or modification. The applicant need not provide an analysisof the impact on vegetation having no significant commercial or recreational value. 2. An analysis of the air quality impact projected for thearea as a result of general commercial, residential, industrial, and other growth associated with the new source or modification.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-407 renumbered without change as Section R18-2-407 (Supp. 87-3). Section R18-2-407 renumbered to R18-2-607, new Section R18-2-407 adopted effectiveNovember 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

Notwithstanding the provisions of R18-2-406(A)(11through the owner or operator of a proposed new ' r source or major odification may request that the ector approve a system of ovative control technol rather than the best available contm

- Ne hnology re ments otherwise applicable to the new source o od' ation. B. The Director shall appr nstallation of a system of innovative control tech ogy if the fo ing conditions are met: 1. The o or operator of the prop source or modifion satisfactorily demonstrates that t proposed con trol system would not cause or contribute to an unreasonable risk to public health, welfare, or safety ' its operation or function;2. The owner or operator agrees to achieve a level of ontinuous emissions reduction equivalent to that whic would ave been required under R18-2-406(A)(2) by a dateecified in the permit or permit revision under is Artic for the source. Such date shall not be later than four ye s from the time of start-up or seven ye s from the iss ance of a permit or pennit revision under his Article; 3. The source or modification would meet requirementsequi alent to those in R18-2-406(A) bas on the emissions ate that the stationary source empl ying the system of inn vative control technology wou be required to meet on the date specified in the permi or permit revision under thi Article. 4. Before th date specified in the pe it or permit revision under this rticle, the source or m dification would not:

a. Cause contribute to any 

### v olation of an applicable state am ient air quality st ndard; or b. Impact a y area where applicable increment is known to e violated. 5. All other appli able requir ments including those for public participati n have b n met. 6. The Director rec ives th consent of the governors of other affected state . 7, The limits on pollut nts ontained in R18-2-218 for Class I areas will be met r all periods during the life of the source or modificatio . C. The Director shall withdr any approval to employ a system of innovative control tec nol gy made under this Section if: 1. The proposed sy em ils by the specified date to achieve the requir d conti uous emissions reduction rate;

or 2. The proposed s stem fails b fore the specified date so as to contribute an unreaso ble risk to public health, welfare, or s ety; or 3. The Director ecides at any tim that the proposed system is unlikely achieve the requir d level of control or to protect the ublic health, welfare, r safety. D. If the new so rce or major modifcat n fails to meet the required level of continuous emissions eduction within thespecified tim period, or if the approval is ithdrawn in accordance with bsection (C) above, the Dire tor may allow theowner or o erator of the source or modifica 'on up to an additional thre years to meet the requirement f r the applicationof best av ilable control technology through se of a demonstrated s stem of control.

Historical Note Ado ed effective May 14, 1979 (Supp. 79-1). A ended eff tive October 2, 1979 (Supp. 79-5). Former S ction R9 -408 renumbered without change as Section R 8-2- 40 (Supp. 87-3). Section R18-2-408 renumbered to 18- 2 08, new Section R18-2-408 adopted effective Nove -

ber 15, 1993 (Supp. 93-4).
R18-2-409. Air Quality Models A. Where the Director requires a person requesting a permit or permit revision under this Article to perform air quality impact modeling to obtain such permit or permit revision under thisArticle, the modeling shall be performed in a manner consistent with the Guideline specified in R18-2-406(A)(6)(a). B. Where the person requesting a permit or permit revision under this Article 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 

### a

req

Supp. 12-2 Page 68 June 30, 2012ArizonaAdnunistrative Code Title 18, Ch. 2
Department of Environmental Quality — Air Pollution Control

modification or substitution can occur, the Director shall make b. Include an analysis of the anticipated impacts of th a written frnding that: proposed source on visibility in any area which y 1. No model in the Guideline is appropriate for a particular be affected by emissions from the source, and permit or permit revision under this Article under consid- C. rovide for no less than a 30-day period ithin eration, or w'ch written comments may be submitte .
2. The data base required for the appropriate model in the 3. The Dire or shall consider any analysis pro ded by the Guideline is not available, and Federal Lan Manager that is received w' in the com3. The model proposed as a substitute or modification is ment period p vided in subsection (C)(

. likely to produce results equal or superior to those a. Where the irector finds that the nalysis provided obtained by models in the Guideline, and by the Feder Land Manager d es not demonstrate
4. The model proposed as a substitute or modification has to the satisfac 'on of the Dir ctor that an adverse been approved by the Administrator, impact on visibi 'ty will res in the area, the DirecC. The substitution or modifrcation of an air quality model under tor shall, within e pub 'c notice required under this Section shall be included in the public notice under R18-2- R18-2-330, either xpla' the decision or specify 330(C). where the explanatio n be obtained. b. When the Director fi s that the analysis provided Historical Note by the Federal Lan nager demonstrates to the Adopted effective May 14, 1979 (Supp. 79-1). Former satisfaction of the irect that an adverse impact on Section R9-3 409 renumbered without change as Section visibility will res t in the ea the Director shall not R18-2-409 (Supp. 87-3). Section R18-2-409 renumbered issue a permit o permit re ision under this Article to R18-2-609, new Section R18-2-409 adopted effective for the propose major new urce or major modifrNovember 15, 1993 (Supp. 93-4). cation. uist 2}0—wg;hility-P,Q

~~ ion 4. When the propos d permit decision 's made, pursuant to
A. or any newmajor source or major modifrcation subject to the R18-2-304(J), d available for publr review, the Direcrovisions of this Chapter, no permit or permit revision u der tor shall prov' e the individuals ident' ied in subsection t is Article shall be issued to a person proposing to co truct (C)(2) with copy of the proposed pe it decision and ok modify the source unless the applicant has provided• shall make vailable to them any materi s used in mak1. An analysis of the anticipated impacts of the roposed ing that d termination, source on visibility in any Class I areas wh' h may be Historical Note affected by the emissions from that source; d Adopte ffective May 14, 1979 (Supp. 79-1). F er 2. Results of monitoring of visibility in any area near the Section 9-3-410 renumbered without change as Se ion proposed source for such purposes and b such means as R18-2 10 (Supp. 87-3). Section R18-2-410 renumber he Director determines is necessary an appropriate. to R-2-610, new Section Rl8 2-410 adopted effective B. A de rmination of an adverse impact o visibility shall be November 15, 1993 (Supp. 93-4). made sed on consideration of all of the ollowing factors: I. Th times of visitor use of the area; n" ° ''

~ o-=-n=

-- - =~• et

~ -- 2. The frequency and timing of na ral conditions in the

~ ' torical Note

area at reduce visibility; 3. All of he following visibility i pairment characteristics:. Adopted effective Novem 5, 1 pp. 93-4). Section repealed by final cr t ~ A.A.R. 1542,

a. G graphic extent, effectia4e- ugust 7, 2012 (Supp. 12-2). b. Inte sity,

c. Dura'on, R18-2-412. PALs
d. Frequ cy, A. Applicability.

e. Time o ay; 1. The Director may approve the use of a PAL for any exist4, The correlatio betwe the characteristics listed in sub- ing major source if the PAL meets the requirements of section (13)(3) d t e factors described in subsections this Section. (13)(1) and (2). 2. Any physical change in or change in the method of operaC. The Director shall not i ue a permit or permit revision pursu- tion of a major stationary source that maintains its total
ant to this Article or 'cle 3 of this Chapter for any new source-wide emissions below the PAL level, meets the major source or maj r mo ifrcation subject to this Chapter requirements of this Section, and complies with the PAL unless the following equire nts have been met: permit:
1. The Director s all notify t e individuals identified in sub- a. Is not a major modifrcation for the PAL pollutant, section (C)(2 within 30 d s of receipt of any advance b. Does not have to be approved through the PSD pronotification f any such pe 't or permit revision under gram, and
this Article C. Is not subject to the provisions in R18-2-403(C) or
2. Within 30 ays of receipt of an a lication for a permit or R18-2-406(H). permit r ision under this Article for a source whose 3. Except as provided under subsection (A)(2)(c), a major emissio s may affect a Class I area the Director shall stationary source shall continue to comply with all appliprovid written notifrcation of the app 'cation to the Fed- cable federal or state requirements, emission limitations, eral L nd Manager and the federal offi 'al charged with and work practice requirements that were established direc responsibility for management of a lands within prior to the effective date of the PAL.

any uch area. The notice shall: B. Permit application requirements. As part of a permit applicaa. Include a copy of all information relevant to the per- tion requesting a PAL, the owner or operator of a major source mit or permit revision under this Article, shall submit the following information to the Director for approval:

June 30, 2012 Page 69 Supp. 12-2Title 18, Ch. 2 ArizonaAdnrinistrative Code Department of Environmental Quality — Air Pollution Control

1. A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit. 2. Calculations of the baseline actual emissions (with supporting documentation). 3. The calculation procedures that the major source owneror operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subsection (L)(1). C General requirements for establishing PALs. 1. The Director is allowed to establish a PAL at a major source, provided that at a minimum, the following requirements are met:

a. The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month sum, rolled monthly). For each month during the first 11 months from thePAL effective date, the major source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. b. The PAL shall be established in a PAL permit that meets the requirements in subsection (D),

c. The PAL permit shall contain all the requirements of subsection (F). d. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major source.

e. Each PAL shall regulate emissions of only one pollutant. f. Each PAL shall have a PAL effective period of 10
years, g. The owner or operator of the major source with aPAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections (K) through (M) for each emissions unit under the PAL through the PAL effective period. 2. At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur duringthe PAL effective period creditable as decreases for purposes of offsets under R18-2-404 unless the level of thePAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL. 

### Ia Action on PAL permit application. A PAL permit application shall be processed in accordance with one of the following: 1. As an initial Class I permit pursuant to R18-2-304. 2. As a renewal of a Class I permit pursuant to R18-2-322. 3. As a significant revision to a Class I permit pursuant to R18-2-320. E. Setting the 10-year actuals PAL level. 1. Except as provided in subsection (E)(2), the PAL level fora major source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant. When establishing the PAL level, only one consecutive 24- month period must be used to determine the baselineactual emissions for all existing emissions units. However, a different consecutive 24-month period may beused for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Director shall specify a reduced PAL. level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Director is aware of prior to issuance of the PAL permit. For instance, if thesource owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).2. For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subsection (E)(1), the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. Contents of the PAL permit. The PAL permit must contain, at a minimum, the following information: 1. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 2. The PAL permit effective date and the expiration date of the PAL (PAL effective period). 3. Specification in the PAL permit that if a major source owner or operator applies to renew a PAL in accordance with subsection (I) before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Director. 4. A requirement that emission calculations for compliancepurposes must include emissions from startups, shutdowns, and malfunctions. 5. A requirement that, once the PAL expires, the major source is subject to the requirements of subsection (H). 6. The calculation procedures that the major source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by subsection (L)(1). 7. A requirement that the major source owner or operatormonitor all emissions units in accordance with the provisions under subsection (K). 8. A requirement to retain the records required under subsection (L) onsite. Such records may be retained in an electronic format. 9. A requirement to submit the reports required under subsection (M) by the required deadlines. 10. Any other requirements that the Director deems necessary to implement and enforce the PAL. PAL effective period and reopening of the PAL permit. 1. PAL effective period. The Director shall specify a PAL effective period of 10 years. 2. Reopening of the PAL permit. a. During the PAL effective period, the Director must reopen the PAL permit to: i. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate F.

G

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determination of emissions used to establish the PAL, ii. Reduce the PAL if the owner or operator of the major source creates creditable emissions reductions for use as offsets under R18-2-404, and iii. Revise the PAL to reflect an increase in the PAL as provided under subsection (J). b. The Director shall have discretion to reopen the PAL permit for the following: i. Reduce the PAL to reflect new federal applicable requirements with compliance dates after the PAL effective date; ii. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the state may impose on the major source under the State Implementation Plan; and iii. Reduce the PAL if the Director determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified fora Federal Class I area by a Federal Land Manager and for which information is available to the general public. c. Except for the permit reopening in subsection(G)(2)(a)(i) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordancewith the public participation requirements of subsection (D).H. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in subsection (I) shall expire at theend of the PAL effective period, and the following requirements shall apply. 1. Each emissions unit (or each group of emissions units)that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures.

a. Within the time-frame specified for PAL renewals in subsection (I)(2), the major source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, ifsuch a distribution is more appropriate) by distributing the PAL allowable emissions for the major source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as would be required under subsection (1)(5), such distribution shall be made as if the PAL had been adjusted. b. The Director shall decide how the PAL allowableemissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Director determines is appropriate. 2. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Director may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CEI2MS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation. 3. Until the Director issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subsection (1

- 1)(1)(b), the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 4. Any physical change or change in the method of operation at the major source will be subject to the applicability criteria set forth at subsection (C). 5. The major source owner or operator shall continue to comply with any applicable requirements that may haveapplied during the PAL effective period. Emission limifations that were eliminated by the PAL in accordance with subsection (A)(2)(c) shall not be reinstated. Renewal of a PAL.1. The Director shall follow the procedures specified in subsection (F) in approving any request to renew a PAL for a major source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Director. 2. Application deadline. A major source owner or operator shall submit a timely application to the Director to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 3. Application requirements. The application to renew a PAL permit shall contain the following information.

a. The information required in subsections (13)(1) through (3). b. A proposed PAL level.

c. The sum of the potential to emit of all emissionsunits under the PAL (with supporting documentation). d. Any other information the owner or operator wishesthe Director to consider in determining the appropriate level for renewing the PAL. 4. PAL adjustment. In determining whether and how to adjust the PAL, the Director shall consider the options outlined in subsections (I)(4)(a) and (b). However, in nocase may any such adjustment fail to comply with subsection (1)(4)(c). 

## a, If the emissions level calculated in accordance with subsection (F) is equal to or greater than 80% of the PAL level, the Director may renew the PAL at the same level without considering the factors set forth in subsection (I)(4)(b); or b. The Director may set the PAL at a level that the Director determines to be more representative of thesource's baseline actual emissions, or that the Director detemlines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire toreward or encourage the source's voluntary emissions reductions, or other factors as specifically identifred by the Director in the Director's written rationale.

c. Notwithstanding subsections (I)(4)(a) and (b): i. If the potential to emit of the major source is less than the PAL, the Director shall adjust the PAL to a level no greater than the potential to emit of the source; and

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ii. The Director shall not approve a renewed PAL level higher than the current PAL, unless the PAL has been increased in accordance with subsection (J). 5. If the compliance date for an applicable requirement that applies to the PAL source occurs during the PAL effective period, and if the Director has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or renewal of the source's Class I permit, whichever occurs first. J. Increasing a PAL during the PAL effective period. 1. The Director may increase a PAL emission limitation only if the following requirements are met:

a. The owner or operator of the major source shali submit a complete application to request an increase in the PAL limit for a PAL major modification. Suchapplication shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major source's emissions to equal or exceed its PAL. b. As part of this application, the major source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissionsof the significant and major emissions units assuming application of BACT or LAER equivalent controls, plus the sum of the PAL allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result fromBACT or LAER equivalent controls on. each significant or major emissions unit shall be determined by conducting a new BACT or LAER analysis at the time the application is submitted, as applicable for the particular PAL pollutant, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within thepreceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

c. The owner or operator obtains a major NSR permit for all emissions unit(s) identified in subsection(J)(1)(a), regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL. d. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant, 2. The Director shall calculate the new PAL level as the sum of the PAL allowable emissions for each modified or newemissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT or LAER equivalent controls as determined in accordance with subsection (J)(1)(b), plus the sum of the baseline actual emissions of the small emissions units. 3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection (D). K. Monitoring requirements for PALs. 1. General requirements. a. Each PAL permit must contain enforceable requirements for the monitoring system that accuratelydetemlines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality andmanipulation. Additionally, the information generated by such system must meet minimum legalrequirements for admissibility in a judicial proceeding to enforce the PAL permit. b. The PAL monitoring system must employ one or more of the four general monitoring approachesmeeting the minimum requirements set forth in subsections (K)(2)(a) through (d) and must be approved by the Director.

c. Notwithstanding subsection (K)(1)(b), the owner or operator may also employ an altemative monitoring approach if approved by the Director as meeting the requirements of subsection (K)(1)(a). d. Failure to use a monitoring system that meets the requirements of this Section renders the PAL invalid.2. Minimurn performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subsections (K)(3) through (9):

a. Mass balance calculations for activities using coatings or solvents, b. CEMS,

c. CPMS or PEMS, and d. Emission factors. 3. Mass balance calculations. An owner or operator usingmass balance calculations to monitor PAL pollutant emissions from activities using coating or solverits shall meet the following requirements:

a. Provide a demonstrated means of validating the published content of the PAL pollutant that is containedin or created by all materials used in or at the emissions unit; b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant .content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Director determines there is site-specific data or a site-specific monitoring program to support another content within the range. 4. CEMS. An owner or operator using CEMS to monitorPAL pollutant emissions shall meet the following requirements:

a. CEMS must comply with applicable Performance Specifications found in 40 CFR 60, Appendix B; and b. CEMS must sample, analyze and record data at leastevery 15 minutes while the emissions unit is operating. 5. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

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a. The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and b. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Director, while the emissions unit is operating. 6. Ernission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

a. AIl emission factors shall be adjusted, if appropriate,to account for the degree of uncertainty or limitations in the factors' development; b. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

c. If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shallconduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the Director determines that testing is not required.7. A source owner or operator must record and report maximum potential emissions without considering enforceable ernission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. 8. Notwithstanding the requirements in subsections (K)(3) through (7), where an owner or operator of an emissionsunit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Director shall, at the time of permit issuance:

a. Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s), or b. Determine that operation of the emissions unit during operating conditions when there is no correlationbetween monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.9. Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Director. Such testing must occur at least once every five years after issuance of the PAL. 

### L. Recordkeeping requirements. 1. The PAL permit shall require an owner or operator toretain a copy of all records necessary to determine compliance with any requirement of this Section and with the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for five years from the date of such record. 2. The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five years:

a. A copy of the PAL permit application and any applications for revisions to the PAL, and b. Each annual certification of compliance pursuant to R18-2-309(2) and the data relied on in certifying compliance. M. Reporting and notifrcation requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Director in accordance with R18-2- 306(A)(5). The reports shall meet the following requirements:1. Semi-annual report. The semi-annual report shall be submitted to the Director within 30 days of the end of each reporting period. This report shall contain the following information:

a. The identification of owner and operator and the perrnit number. b. Total annual emissions (tons/year) based on a 12- month rolling total for each month in the reporting period recorded pursuant to subsection (L)(1).

c. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions. d. A list of any emissions units modified or added to the major source during the preceding six-month period.

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. f. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipateddate that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by themonitoring system continued to operate, and the ca.lculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subsection (K)(7).
g. A certification by the responsible official consistent with R18-2-304(H). 2. Deviation.report. The major source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL permit requitements, including periods where no monitoring is available, in accordancewith R18-2-306(A)(5). The reports shall contain the following information:

a. The identification of owner and operator and the permit number, b. The PAL permit requirement that experienced the deviation or that was exceeded,

c. Emissions resulting from the deviation or the exceedance, and d. A certification by the responsible official consistent with R18-2-304(H). 3. Re-validation results. The owner or operator shall submit to the Director the results of any re-validation test or method within three months after completion of such test or method.

Historical Note New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

ARTICLE 5. GENERAL PERMITS

ty A. Th ctor may issue general permits for a fa '' c ass that contains 10 o

~ facilities that are ' ar in nature, have substantially similar emiss' would be subject to the same or substantially '' ar requirem oveming operations, emissi

, onitoring, reporting, or rec ping.

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" imilar in nature" refers to facility size, processes, a operati conditions. B. The irector may issue general permits, in acc dance with subse ion (A), with emission limitations, co rols, or other require ents that meet the requirements of 18-2-306.01. A source th t seeks to vary from such a neral permit, and obtain an e ission limitation, contro(, or ther requirement notcontained in at general permit, shal apply for a permit pursuant to Article of this Chapter. C. General permits s all not be issu for affected sources except as provided in regu tions pro ulgated by the Administrator under Title IV of the A t. D. Unless otherwise stated, provisions of Article 3 shall apply to general permits.

Former Section 

### Yi 8-2-501 ren beredto R18-2-502, new Section R1 -2-501 adopted e ctive September 26, 1990 (Supp. 0-3). Former Section 8-2-501 renumbered to 18-2-701; new Section ado ed effective Novemb r 15, 1993 (Supp. 93-4). Amen d effective

August 1, 1995 (Supp. 95-3).
R18-2-502. General Permit Development A. The Director may issue a general permit on the Director's own initiative or in response to a petition. B. Any person may submit a petition to the Director requesting the issuance of a general permit for a defined class of facilities. The petition shall propose a particular class of facilities, and list the approximate number of facilities in the proposed class along with their size, processes, and operating conditions, anddemonstrate how the class meets the criteria for a general permit as specified in R18-2-501 and A.R.S. § 49-426(H). The Director shall provide a written response to the petition within 120 days of receipt. C. General permits shall be issued for classes of facilities using the same engineering principles that applies to permits forindividual sources and following the public notice requirements of R18-2-504. D. General permits shall include all of the following: 1. All elements contained in R18-2-306(A) except R18-2- 306(A)(2)(b) and (6). 2. The process for individual sources to apply for coverage under the general permit. E. General permits developed by the Director shall require sources that are covered under the general permit to install andoperate reasonably available control technology for any regulated Minor NSR pollutants allowed under the general permit at an amount equal to or greater than the permitting exemption threshold. This requirement shall not apply to any pollutants subject to an emissions standard established or revised by the Administrator under section. 111 or 112 of the Act after November 15, 1990.

Historical Note Former Section R9-3-501 repealed, new Section R9-3- 501 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (D) effective June 19, 1981 (Supp. 81-3). Amended subsections (C) and (D) effective February 2, 1982 (Supp. 82-1). Amended subsection (D) effective May 25, 1982 (Supp. 82-3). Former Section R9-3-501 renumbered without change as Section R18-2-501 (Supp. 87-3). Former Section R18-2-502 repealed, new Section R18-2-502 renumbered from R18-2-501 and amendedeffective September 26, 1990 (Supp. 90-3). Former Section R18-2-502 renumbered to R18-2-702; new Section R18-2-502 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).
R18-2-503. Application for Coverage under General Permit A. Once the Director 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 Director for authority to operateunder the general permit. At the time the Director issues a general permit, the Director may also establish a specific application form with frling instructions for sources in the category covered by the general permit. Applicants shall complete the specific application form or, if none has been adopted, the standard application form contained in Appendix 1 to this Chapter. The specific application form shall, at a minimum, require the applicant to submit the following information: l. Information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow the Director to determine qualification for, and to assure compliance with, the general permit. 2. A compliance plan that meets the requirements of R18-2- 309. B. For sources required to obtain a permit under Title V of the Act, the Director shall provide the Administrator with a permitapplication 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. C. The Director shall act on the application for coverage under a general permit as expeditiously as possible. The source may operate under the terms of the applicable general permit during that time. The Director may defer acting on an application under this subsection (if) the Director has provided notice of intent to renew or not renew the permit, D. The Director shall deny an application for coverage from any Class I source that is subject to case-by-case standards or requirements.

Historical Note Former Section R9-3-503 repealed, new Section R9-3- 503 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (C), paragraph (6) effective June 19, 1981(Supp. 81-3). Amended subsection (C) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-503 renumbered without change as Section R18-2-503 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90- 3). Former Section R18-2-503 renumbered to R18-2-703; new Section R18-2-503 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ri8-2-504. Public Notice A. This Section applies to issuance, revision, or renewal of a general permit. B. The Director shall provide public notice for any proposed new general permit, for any revision of an existing general permit, and for renewal of an existing general permit. C. The Director shall publish notice of the proposed general permit once each week for two consecutive weeks in a newspaper of general circulation in each county and shall provide at least 30 days from the date of the first notice for public comment. The notice shall describe the following: 1. The proposed permit; 2. The category of sources that would be affected;

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3. The air contaminants which the Director expects to be emitted by a typical facility in the class and the class as a whole; 4. The Director's proposed actions and effective date for the actions; 5. Locations where documents relevant to the proposed permit will be available during normal business hours; 6. The name, address, and telephone number of a person within the Department who may be contacted for further information; 7. The address where any person may submit comments or request a public hearing and the date and time by which comments or a public hearing request are required to be received; 8. The process by which sources may obtain authorization to operate under the general permit. D. For general permits under which operation may be authorized in lieu of Class I permits, the Director 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 Director shall provide the proposed final permit to the Administrator after public and affected state review. No Class I permit shall be issued if the Administrator properly objects toits issuance in writing within 45 days from receipt of the proposed final permit and any necessary supporting information from the Director. E. Written comments to the Director 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 pursuant to the criteria for issuance in A.R.S. §§ 49-426 and 49-427 and this Chapter. F. At the time a general permit is issued, the Director 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 Director shall also notify in writing any petitioner and each person who has submitted written comments on the proposed general permit or requested notice of the final permit decision.

Historical Note Former Section R9-3-504 repealed, new Section R9-3- 504 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-504 renumbered without change as Section R18-2-504 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-504 renumbered to R18-2-704; new Section R18-2-504 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-505. General Permit Renewal A. The Director shall review and may renew general permits every five years. A source's authorization to operate under ageneral permit shall coincide with the term of the general permit regardless of when the authorization began during the fiveyear period, except as provided in R18-2-510(C). In addition to the public notice required to issue a proposed permit under R18-2-504, the Director shall notify in writing all sources who have been granted, or who have applications pending for, authorization to operate under the permit. The written notice shall describe the source's duty to reapply and may include requests for infonnation required under the proposed permit. B. At the time a general permit is renewed, the Director shall notify in writing all sources who were granted coverage under the previous permit and shall require them to submit a timely renewal application. For purposes of general permits, a timelyapplication is one that is submitted within the time-frame specified by the Director 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 the renewed permit. Failure to submit a timely application terminates the source's right to operate.

Historical Note Former Section R9-3-1007 renumbered effective January 13, 1976 (Supp. 76-1). Former Section R9-3-505 repealed, new Section R9-3-505 adopted effective May 14, 1979 (Supp. 79-1). Editorial corrections, subsection (B), paragraph (5), and subsection (D), paragraph (1), subparagraph (d) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended subsection (B)effective September 22, 1983 (Supp. 83-5). Fonner Section R9-3-505 renumbered without change as Section R18-2-505 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Fonner Section R18-2-505 renumbered fo R18-2-705; new Section R18-2-505 adopted effective November 15, 1993 (Supp. 93-4).Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

An ource covered under a general permit may request to be exclu from coverage by applying for an individual source rmit. Cov age under the general permit shall tenninate on date the individu perrnit is issued.

Historical Note Former Secti R9-3-1008 renumbered e ctive January 13, 1976 (Su . 76-1). Former S ion R9-3-506 repealed, new Sect' n R9 3 50 dopted effective May 14, 1979 (Supp. 79-1 . Ame ed effective July 9, 1980 (Supp. 80-4). Amende bsection (C), paragraph (1) effective June 19,198 Sup 81-3). Former Section R9- 3-506 renumbered ithout cha e as Section R18-2-506 (Supp. 87-3). ended effective eptember 26, 1990 (Supp. 90- . Former Section R18-2- 6 renumbered to R18-2- 6; new Section R18-2-506 ad ted effective November 15, 1993 (Supp. 93- ).

nces A. Where MACT (maximum achievable control technology) oPRACT (hazardous air pollutant reasonably available nt I technology) has been established in a general pe for a so ce category designated under R18-2-1702, th wner or oper or of a source within that source category ay apply for a vari ce from the standard by demonstr ng compliance with Rl 2 1708 at the time the source plies for coverage under theg eral permit. B. If the owner operator makes the owing required by R18- 2-1708 and ot rwise qualifies or the general pennit, the Director shall, in cordance ith the procedures established pursuant to this Arti e, ap ove the application and authorize operation under a vari ce from the standard of the general permit. C. Except as modifie y the ariance, the source shall comply with all conditio of the gen I permit. 

## a A proposed v iance to a standa in a general permit shall be subject to t public notice require ents of R18-2-330.

Historical Note Ado ed effective May 14, 1979 (Supp. -1). Amended effective July 9, 1980 (Supp. 80-4). Former ection R9-3-

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tive Nov 'e rb 4 Supp. 04-4 mended by final general permits shall not be interchanged except that a new rulemaking at 13 A.A.R. ective December 4, authorization to operate is obtained in accordance with this

2007 (S p. 07- . Article.
R18-2-512. Changes to 

## I acilities Granted Coverage under D. Owners and operators that operate multiple portable sources

General Permits A. This Section applies to changes made at a facility that has been granted coverage under a general pennit. B. Facility Changes that Require New Authorization to Operate.The following changes at a source that has been granted coverage under a general permit shall be made only after the source requests new authorization to operate from the Director: 1. Adding new emissions units that require new authorization to operate, 2. Installing replacement emissions units that require authorization to operate.C. Facility Changes that Do Not Require Authorization to Operate. The following changes at a source that has been granted coverage under a general permit shall be made only after the source provides written notification to the Department: 1. Adding new emissions units that do not require authorization to operate, 2. Installing a replacement emissions unit with a higher capacity that does not require authorization to operate, 3. Adding or.replacing air pollution control equipment.D. 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.E. For sources that submit a request or notification under subsection (B) or (C), the applicant shall provide information identifying and describing the source, its processes, and operatingconditions in sufficient detail to allow the Director to determine continued qualification for, and to assure compliance with, the general permit. The Director shall act on a request fornew authority to operate under a general permit as expeditiously as possible. The source may operate under the terms of the applicable general permit during that time.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A)effective September 22, 1983 (Supp. 83-5). Former Section R9-3-512 renumbered without change as Section R18-2-512 (Supp. 87-3). Amended effective September26, 1990 (Supp. 90-3). Renumbered to R18-2-712 effective November 15, 1993 (Supp, 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August

7, 2012 (Supp. 12-2).

R18-2-513. Portable Sources Covered under a General Permit A. This Section applies to sources that have been granted coverage under a general perrnit that allows for the operation of a source at more than one location. B. General permits developed by the Director for portable sources shall contain conditions that will assure compliance with all applicable requirements at all authorized locations. C. Owners and operators that hold multiple coverages under the same general permit may interchange equipment between sources without obtaining new authorization to operate. At no time shall an owner or operator interchange equipment thatwould cause the combined facility to exceed emission limitations in the general permit. Equipment covered under different under a general permtt shall have an equivalent number of coverages under a general permit as the number of locations at which each portable source operates. E. A portable source that will operate for the duration of its permit solely in one county that has established a local air pollution control program pursuant to A.R.S. § 49-479 shall obtain a permit from that county. A portable source with a county permit shall not operate in any other county. A portable source that has been granted coverage under a general perrnit that subsequently obtains a county permit shall request that the Director terminate the coverage under the general permit. Upon issuance of the county permit, the coverage under the general permit issued by the Director is no longer valid. F. A portable source which has a county permit but proposes tooperate outside that county may obtain coverage under a general permit from the Director. A portable source that has a permit issued by a county and obtains coverage under a generalpermit issued by the Director shall request that the county terminate the permit. Upon issuance of coverage under a general permit by the Director, the county permit is no longer valid. Before commencing operation in the new county, the sourceshall notify the Director and the control officer who has jurisdiction in the county that includes the new location according to subsection (G). G. A portable source granted coverage under a general permit may be transfen•ed from one location to another provided that the owner or operator of such equipment notifies the Directorand any control officer who has jurisdiction over the geographic area that includes the new location of the transfer prior to the transfer. The notification required under this subsection shall include: 1. A description of the equipment to be transferred including the permit number and as appropriate the Authorization-to-Operate number for each piece of equipment; 2. A description of the present location; 3. A description of the location to which the equipment is to be transferred, including the availability of all utilities, such as water and electricity, necessary for the proper operation of all control equipment; 4. The date on which the equipment is to be moved; 5. The date on which operation of the equipment will begin at the new location; 6. A complete equipment list of all equipment that will be located at the new location; and 7. Revised emissions calculations demonstrating that the equipment at the new location continues to qualify for the general permit under which the source has coverage.

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amendedeffective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (2) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-513 renumbered without change as Section R18-2-513 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-713 effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

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Department of Environmental Quality — Air Pollution Control

b. Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity: i. For a topping-cycle cogeneration unit: useful thermal energy not less than 5% of total energy output; and useful power that, when added to one-half of useful thermal energy produced, isnot less than 42.5% of total energy input, if useful thermal energy produced is 15% or more of total energy output, or not less than 45% oftotal energy input, if useful thermal energy produced is less than 15% of total energy output; and ii. For a bottoming-cycle cogeneration unit, useful power not less than 45% of total energy input. 12. "Combustion turbine" means:

a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gasresulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and b. If the enclosed device under subsection (12)(a) is combined cycle, any associated heat recovery steam generator and steam turbine, 13. "Commercial operation" means the time when the owner or operator supplies electricity for sale or use, including test generation. 14. "Concentrate" means enriched copper ore recovered from the froth flotation process. 15. "Concentrate dryer" means any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate a portion of the moisture from the charge, provided less than 5% of the sulfur contained in the charge is eliminated in the facility.16. "Concentrate roaster" means any facility in which a copper sulfide ore concentrate is heated in the presence of air to eliminate 5% or more of the sulfur contained in the charge.17. "Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, TRScompounds from condensate streams from various processes within a kraft pulp mill.18. "Control device" means the air pollution control equipment used to remove particulate matter or gases generated by a process source from the effluent gas stream. 19. "Converter" means any vessel to which copper matte is charged and oxidized to copper. 20. "Electric generating plant" means all electric generating units located at a stationary source. 21. "Electric generating unit" means:

a. A stationary, coal-fired boiler or stationary coalfired combustion turbine, other than a boiler or turbine that qualifies as a cogeneration unit, serving at any time since the start-up of a unit's combustion chamber a generator with nameplate capacity ofmore than 25 megawatts electric producing electricity for sale. If a unit qualifres as a cogeneration unit during the 12-month period starting the date the unit first produces electricity but subsequently no longer qualifies as a cogeneration unit, the unit shall be an electric generating unit on the day which the unit no longer qualifies as a cogeneration unit. b. A cogeneration unit serving at any time a generator with nameplate capacity of more than 25 megawattsand supplying in any calendar year more than oneOpacity o emission from any nonpoint source shall not be greater than 400/- sured according to the 40 CFR 60, App ix A, Reference Method 9. open fire permitted under Rl -602 or regulated under Article15 is

> a<yngatIlA.A. m this re ment.
Hist Section R18-2-614 rd R18-2-612; amended by final rule . 2210, effective July 18, 2005 upp. OS 2). Amended by final rulemaking at A.A.R. 1542, effective August 7, 2012

(Supp. 12-2).

ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS

R18-2-701. Definitions For purposes of this Article: 1. "Acid mist" means sulfuric acid mist as measured in the Arizona Testing Manual and 40 CFR 60, Appendix A.2. "Architectural coating" means a coating used commercially or industrially for residential, commercial or industrial buildings and their appurtenances, structural steel, and other fabrications such as storage tanks, bridges, beams and girders.3. "Asphalt concrete plant" means any facility used to manufacture asphalt concrete by heating and drying aggregateand mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphaltinto the dryer, which employ two or more of the following processes:

a. A dryer. b. Systems for screening, handling, storing, and weighing hot aggregate.

c. Systems for loading, transferring, and storing mineral filler. d. Systems for mixing asphalt concrete.

e. The loading, transferring, and storage systems associated with emission control systems. 4. "Black liquor" means waste liquor from the brown stockwasher and spent cooking liquor which have been concentrated in the multiple-effect evaporator system. 5. "Boiler" means an enclosed fossil- or other fuel-frred combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.6. "Bottoming-cycle cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or prooess is then used for electricity production. 7. "Calcine" means the solid materials produced by a lime plant.8. "Coal" means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite by the ASTM Standard Specification for Classification of Coals by Rank D388- 77, 90, 91, 95, or 98a. 9. "Coal-derived fuel" means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal or chemical processing of coal. 10. "Coal-frred" means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year. 11. "Cogeneration unit" means a stationary coal-frred boiler or stationary coal-fired combustion turbine: a. Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and

June 30; 2012 Page 93 Supp. 12-2Title 18. Ch. 2 ArizonaAdnunistrative Code
Department of Environmental Quality — Air Pollution Control

third of the unit's potential electric output capacity or 219,000 megawatt-hours, whichever is greater, to any utility power distribution system for sale. 22. "Existing electric generating plant" means all electric generating units located at a stationary source during acontrol period other than units that have not been allocated allowances to emit mercury pursuant to 40 CFR 60.4142(b) for that control period. 23. "Existing source" means any source which does not have an applicable new source performance standard under Article 9 of this Chapter. 24. "Facility" means an identifiable piece of stationary process equipment along with all associated air pollution equipment. 25. "Fugitive dust" means fugitive emissions of particulate
matter. 26. "High sulfur oil" means fuel oil containing 0.90% or more by weight of sulfur. 27. "Incremental best available control technology" means an emission limitation based on the maximum degree of additional reductions, if any, in mercury beyond those achieved by existing controls installed under R18-2-724(F), taking into account incremental energy, environmental, and economic impacts, market prices of inercuryallowances, balance of plant impacts, and other,incremental costs, determined by the Director to be achievable. and to be compatible with existing control technology installed at the electric generating unit. Incremental best available control technology shall be determined on a case-by-case basis and shall not be more stringent than the limits in R18-2-734(B). 28. "Inlet mercury" means the average concentration of inercury in the coal burned at an electric generating unit, as determined by ASTM methods, EPA-approved methods or alternative methods approved by the Director. 29. "Lime kiln" means a unit used to calcinate lime rock orkraft pulp mill lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide. 30. "Low sulfur oil" means fuel oil containing less than 0.90% by weight of sulfur.. 31. "Matte" means a metallic sulfide made by smelting copper sulfide ore concentrate or the roasted product of copper sulfide ores. 32. "Mercury" means mercury or mercury compounds in either a gaseous or particulate form. 33. "Miscellaneous metal parts and products" for purposes of industrial coating include all of the following:

a. Large farm machinery, such as harvesting, fertilizing and planting machines, tractors, and combines; b. "Small farm machinery, such as lawn and garden tractors, lawn mowers, and rototillers;

c. Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers, and vacuum cleaners; d. Commercial machinery, such as office equipment,computers and auxiliary equipment, typewriters, calculators, and vending machines;

e. Industrial machinery, such as pumps, compressors,conveyor components, fans, blowers, and transformers; f. Fabricated metal products, such as metal-covered doors and frames;
g. Any other industrial category which coats metal parts or products under the Code in the "Standard Industrial Classification Manual, 1987" of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (non-electric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportationequipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries), except all of the following: i. Automobiles and light-duty trucks; ii. Metal cans; iii. Flat metal sheets and strips in the form of rolls or coils; iv. Magnet wire for use in electrical machinery;

v. Metal furniture; vi. Large appliances; vii. Exterior of airplanes; viii, Automobile refinishing; ix. Customized top coating of automobiles and trucks, if production is less than 35 vehicles per day; x, Exterior of marine vessels.34. "Multiple-effect evaporator system" means the multipleeffect evaporators and associated condenser and hotwellused to concentrate the spent cooking liquid that is separated from the pulp. 35. "Nameplate capacity" means, starting from the initialinstallation of a generator, the maximum electrical generating output (in megawatts) that an electric generating unit is capable of producing on a steady-state basis during continuous operation as specified by the manufacturer.36. "Neutral sulfite semichemical pulping" means any operation in which pulp is produced from wood by cooking or digesting wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating or grinding. 37. "Petroleum liquids" means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean 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 D975-90 (Specification for Diesel Fuel 0ils). 38. "Potential electric output capacity" means 33% of a unit's maximum design heat input, divided by 3,413 Btu perkilowatt-hour, divided by 1,000 kilowatt-hours/per megawatt-hour, and multiplied by 8,760 hours per year. 39. "Process source" means the last operation or process which produces an air contaminant resulting from either:

a. The separation of the air contaminants from the process material, or b. The conversion of constituents of the process materials into air contaminants which is not an air pollution abatement operation. 40. "Process weight" means the total weight of all materials introduced into a process source, including fuels, where these contribute to pollution generated by the process. 41. "Process weight rate" means a rate established pursuant to R18-2-702(E).42. "Recovery furnace" means the unit, including the directcontact evaporator for a conventional furnace, used forburning black liquor to recover chemicals consisting primarily of sodium carbonate and sodium sulfide. 43. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids, except liquified petroleum gases, as determined by ASTM D-323-90 (Test Method for Vapor Pressure of Petroleum Products) (Reid Method).

Supp. 12-2 Page 94 June 30, 2012ArfzonaAdministrative Code Title 18, Ch. 2 Department of Environmental Quality — Air Pollution Control

44. "Reverbatory smelting furnace" means any vessel in 3. A stationary source, as defined in R18-2-101. which the smelting of copper sulfide ore concentrates or B. Exc pt as otherwise provided in this Chapter relating to sp - calcines is performed and in which the heat necessary for cific types of sources, the opacity of any plume or efflu t, smelting is provided primarily by combustion of a fossil from a source described in subsection (A), as determine by fuel. Refer nce Method 9 in 40 CFR 60, Appendix A, shall no be: 45. "Rotary lime kiln" means a unit with an included rotary 1. eater than 20% in an area that is nonattain nt or drum which is used to produce a lime product from lime- m'ntenance for any particulate matter standard unless stone by calcination. an temative opacity limit is approved by the irector 46. "Slag" means fused and vitrified matter separated during and t e Administrator as provided in subsection (D) and the reduction of a metal from its ore. (E), a er February 2, 2004; 47. "Smelt dissolving tank" means a vessel used for dissolv- 2. Greate tban 40% in an area that is attainment o unclassiing the smelt collected from the kraft mill recovery fur- fiable fo each particulate matter standard; an

nace. 3. After Ap '123, 2006, greater than 20% in any area that is 48. "Smelter feed" means all materials utilized in the opera- attainment or unclassifiable for each partic late matter tion of a copper smelter, including metals or concentrates, standard ex ept as provided in subsections () and (E). fuels and chemical reagents, calculated as the aggregate C. If the presence o uncombined water is the only eason for an sulfur content of all fuels and other feed materials whose exceedance of an visible emissions requireme in this Artiproducts of combustion and gaseous by-products are cle, the exceedance hall not constitute a violati of the appliemitted to the atmosphere. cable opacity limit. 49. "Smelting" means processing techniques for the smelting D. A person owning or erating a source may pe tion the Direcof a copper sulfide ore concentrate or calcine charge lead- tor for an alternative applicable opacity li it. The petition ing to the formation of separate layers of molten slag, shall be submitted to EQ by May 11, 200 . molten copper, or copper matte. l. The petition shall ontain: 50. "Smelting furnace" means any vessel in which the smelt- a. Documentatio that the affecte facility and any ing of copper sulfide ore concentrates or calcines is per- associated air ollution control uipment are incaformed and in which the heat necessary for smelting is pable of bein adjusted or o erated to meet the provided by an electric current, rapid oxidation of a por- applicable opaci standard. T s includes: tion of the sulfur contained in the concentrate as it passes i. Relevant in ormation on he process operating through an oxidizing atmosphere, or the combustion of a conditions a d the con ol devices operating fossil fuel. conditions du ing the o acity or stack tests; 51. "Standard conditions" means a temperature of 293K ii. A detailed st tement r report demonstrating (68°F or 20°C) and a pressure of 101.3 kilopascals (29.92 that the sour e inv stigated all practicable in. Hg or 1013.25 mb). means of redu 'ng o acity and utilized control 52. "Supplementary control system" (SCS) means a system technology that is r sonably available considby which sulfur dioxide emissions are curtailed during ering technical a d conomic feasibility; and periods when meteorological conditions conducive to iii. An explanation the source cannot meet the ground-level concentrations in excess of ambient air present opacity I' it although it is in compliquality standards for sulfur dioxide either exist or are ance with the ap 1i able particulate mass emisanticipated. sion rule. 53. "Topping-cycle cogeneration unit" means a cogeneration b. If there is an opaci m itor, any certification and unit in which the energy input to the unit is first used to audit reports requ' ed by all applicable subparts in produce useful power, including electricity, and at least 40 CFR 60 and i Appen 'x B, Performance Specisome of the reject heat from the electricity production is fication 1. then used to provide useful thermal energy. c. A. verification b a responsi le official of the source 54. "Total energy output" means, with regard to a cogenera- of the truth, ac uracy, and c mpleteness of the petition unit, the sum of useful power and useful thermal tion. This ce ification shal state that, based on energy produced by the cogeneration unit. information nd belief fo ed after reasonable 55. "Vapor pressure" means the pressure exerted by the gas- inquiry, the tatements and in rmation in the docueous form of a substance in equilibrium with its liquid or ment are tr e, accurate, and co plete. solid form. 2. If the unitfor hich the alternative opacity standard is

Historical Note being applied i subject to a stack te , the petition shall Former Section R18-2-701 repealed effective September also include:

a. Docume tation that the source con ucted concurrent 26, 1990 (Supp. 90-3). New Section R18-2-701 renum- EPA R ference Method stack tes 'ng and visible bered from R18-2-501 and amended effective November emissi s readings or is utilizing a c ntinuous opac- 15, 1993 (Supp. 93-4). Amended by final rulemaking at ity m itor. The particulate mass mission test n 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4). result shall clearly demonstrate com liance with Amended by final rulemaking at 18 A.A.R. 1542, effec- the a plicable particulate mass emissio limitation

tive August 7, 2012 (Supp. 12-2). by bng at least 10% below that limit. F r multiple



# ~ toa unit that are normally operated together a d whose A. rovisions of this Article shall onl rce that emi sions vent through a single stack, th source is all o e following: sha I conduct simultaneous pa rt iculate tes ing of 1. An ex 

# ~ ' source, a med in Rl8 2-101; eac unit. Each control device shall be in goo oper 2. A point sour r the purposes of this Section, "point ati g condition and operated consistent with ood source" ns a so of air contaminants that has an p actices for minimizing emissions. ide ' iable plume or emiss' oint; and

June 30, 2012 Page 95 Supp. 12-2