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 (amending 

SIPapproved 

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 

v~ 

''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. 

~ 

'Siihature 

Subscribed and sworn to before me this n— QU4 D L 

 ,2-01~) 

My commission expires 

Date 

L)BANA 00- AZ 

t'uD;ic - Stete a31~c's ~oAsj 

Lk :,. ::,r 
- 'T, F'- UBP ARIVON~A 8 AT, ARY WeSt"s ARCHIVES A PUBLIC RECORD ~j 

1~ 00 V 2, 7 2 0 12 

REVISED STATUTES 

Sections 44-101 to 49-End 

EST® 

A Thomson Reuters business 

Mat #41125195 
>N:1@! `Y1KUN1iR i~:l0t 1 

§ 49-3 91 o f,ocal enforcement of water pretreatment requirements; civil penalties 

A. A city, town, county or sanitary district of 

this 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 administrative 

action for purposes of obtaining injunctive or declaratory relief. 

C. The city, town, county or sanitary district 

may 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 a 

consent 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 this 

section, 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. 

49-458. Regional haze program; authority. 

49-458.01. State implementation plan revision; regional haze; rules. 

49-460. Violations; production of records. 

49-461. Violations; order of abatement. 

49-462. Violations; injunctive relief. 

49-463. Violations; civil penalties. 

49-464. Violation; classification; penalties; definition. 

49-465. Air pollution emergency. 

49-466. Precedence of actions. 

49-467, 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 lawn 

and 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 ~ I ' ~' 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 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. 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. 
>~ ,;. 

1 

{ 

,. ~ 6, 

~ . 

§ 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 quality 

data 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 control 

A. 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 new 

source 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 1and 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 asserts 

state 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 the 

director 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 standards 

are more stringent than those adopted by the director and if such standards are specifically identified as applicable to the permitted source or a 

component 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 area 

shall develop plan revisions containing transportation related air quality control ineasures designed 

to 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®NMENT 
1731 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 consult 

with 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 general 

permit instead of an individual permit that is issued under this chapter. The petition shall state 

the grounds for the determination that is the subject of the petition, including how the class or 

category 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. If 

the 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 to 

attainment 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 to 

be 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 give 

consideration 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 section 

shall 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. 

§ 49-4260 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 1and 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 apply 

to 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 at 

permitted 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 2and 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 shall 

establish 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 comply 

with 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 require 

the 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 determining 

when applications are complete, for processing applications and for reviewing permit actions. The 

director shall also establish by rule criteria for 

determining 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 the 

source 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 

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1741 

. STE1TE AIR ipOI.I:UTI011i C0111TROI. 

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. If 

permitted by federal, state and local law, the posting shall be prominently placed at a site that is 

under the applicant's legal control and that is adjacent to the nearest public roadway. The posting 

shall 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 hearing 

is 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 copies 

of 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 written 

comments 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 issuance 

prescribed .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 5and the clean air act 6 and are found by 

the 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 each 

year 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 in 

pounds 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 substantially 

similar 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 the 

proposed 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 revises 

a 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 to 

submit 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 clean 

air act after the issuance of the permit. The director shall require any revisions as expeditiously 

as practicable, but not later than eighteen months 

after 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 revision 

required 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 dioxide 
1743 S'}i'ATE AI12 )<'®LLUTI(lIOI C®1\ITR®L § 49-426.03 

held by the owners or operators of the unit or by 

the 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 to 

an 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 adopted 

pursuant 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 provide 

in 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 permit 

or 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 public 

and 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 

Subscribed and sworn to before me this ~Qu.4 D I , wl ~) 

My commission expires 

Date 

D A OGAZ 

~ ~•e~i~ ' '2^r.: kig,, P~{ic-5tieieo3Arizons 

~3:1CaPAG>;3UNJY 

~i;itssionWires 

'~:`~~ S+ • ~ Y,•~~ ;,~tixa''f ~d,'~ 
West "s

AR,ZONA S ~'~7'4 LIB~RY ~R~

HIVES UPUBLiCRECORDS 

NOV 2 7 2012 

2012-2013 

COMPACT EDITION 

REVISED ST.ATUTES 

Sections 44-101 to 49=Encl 

EST® 

AThomson Reuters business 

Mat #41125195 
§ 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 civil 

penalty 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 administrative 

action for purposes of obtaining injunctive or declaratory relief. 

C. The city, town, county or sanitary district 

may 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 a 

consent 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 this 

section, 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, 491446. 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. 

49-458.01. State implementation plan revision; regional haze; rules. 

49-460. Violations; production of records. 

49-461. Violations; order of abatement. 

49-462. Violations; injunctive relief. 

49-463. Violations; civil penalties. 

49-464. Violation; classification; penalties; definition. 

49-465. Air pollution emergency. 

49-466. Precedence of actions. 

49-467. 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. 

491471.11. 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 lawn 

and 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. 

491475. 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. 

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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 asserts 

state 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 the 

director 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 standards 

are more stringent than those adopted by the director and if such standards are specifically identified as applicable to the permitted source or a 

component 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 area 

shall develop plan revisions containing transportation related air quality control measures designed 

to 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 quality 

data 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 control 

A. 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 new 

source 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 1and 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 coxisult 

with 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 or 

ets 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 to 

attaint of national ambient air a litv stanB The director shall adopt rules that bo ~ 

. Describe the geographic extent of 

Pnt, nonattainment or unclassifiable areas 

he for all pollutants for which a national a 

r quality standard exists. 
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B.

after t 

twen 

rule, or any propo; 

be made available 

notice of such heari 

C. The depart 

adopted by, the d' e 

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' 

a

/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. 

§ 49-426e 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 1and 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 essary to 

the deter ination to 

ion. The rector shall 

nts 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 comply 

ii 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 require 

er 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 give 

the releexcept 

ng after 

oposed 

idment of a rule, shall 

public at the time of 

enforce the rules 

section shall not apply 

cultural 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 at 

e not require to be indirector 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'applicant at the time of the first notice to ost 

th si~e,where the source is or may be locat d. If 

per itted by federal, state and local law, th posting hall be prominently placed at a site that is 

unde the applicant'.s legal control and tha is. adjacent t the nearest public roadway. Th posting 

shall 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 hearing 

is 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 copies 

of 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 written 

comments 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 issuance 

prescribed.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 5nd the clean air act 6andare 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 ch 

ye 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 person. burning used oil, used oil el, 

ha acrdousin awaste 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 

direct 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 in 

pounds 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 nEber of facilities thaaresubstantially 

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 rth. reas ns why the 

general ermit should or should n be. issued. 

Grounds for comment are limited t whether the 

proposed 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 revises 

a 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. . a : :.'.,; :;; : hf ~:. assu e compliance with this a rticle and the e' an tb.

. 

air a t, including the applicable implement tion e1 

plan. 

J. Th director ma refuse to issue an Y Y pe it fo. f` ~ 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 to 

submit 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 includes 

conditions 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 months 

aft 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 revision 

r 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 7shall 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 

..~ 

~ 

;,. 

; k 

, 

,.. 

1 

i 

f 

~ 

i 

; 

i ~ 

; 

~ 

~ ~ 
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 to 

an 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. 

342 .S.C.A. § 7661 et seq. 

442 .S.C.A. § 7661d. 

5 S ction 49-401 et seq. 

642 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 dopted 

pursuan 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 provide 

in 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 permit 

or 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. 12-2 
Title 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 IoGeneral Permit for Crop Operations; PMI 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 IoNonattainment 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, 2012 
ArizoiaaAdndnistrative 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, R9-3-840 

through 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. 12-2 
Title 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). 

Section 

R18-2-1101. 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 Plans 

R18-2-1407. 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: 

General 

R18-2-1410. 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 Ioand NOzareas (Transportation Plan) 

Supp. 12-2 Page 4 June 30, 2012 
AriZoi2a Adnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality - Air Pollution Control 

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

for PM 10and NO2 areas (TIP) 

R18-2-1427. Criteria and Procedures: Interim Period Reductions 

for PM I p and NO2areas (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 

PMI 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. Applicability 

R18-2-1612. Pre-trigger Monitoring, Recordkeeping, and Reporting 

R18-2-1613. Western Backstop S0 2Trading 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. Repealed 

Appendix 12.Al2. Procedures for Detennining Ambient Air Concentrations for Hazardous Air Pollutants 

Appendix 13.Repealed 

June 30, 2012 Page 5 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunistrative 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; 42 

U.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 a 

consecutive 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 has 

occurred, 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 may 

be 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 mist 

aerosols, 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 waste 

and 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 in 

connection with other substances by reason of their concentration and duration are or tend to be injurious to 

human, plant or animal life, or cause damage to property, 

or unreasonably interfere with the comfortable enjoyment 

of life or property of a substantial part of a community, or 

obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by 

the director. A.R.S. § 49-421(2). 

11. "Air pollution control equipment" means equipment used 

to 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 rated 

capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate 

or 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 the 

Administrator 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 has 

been identified in regulations promulgated by the AdminSupp. 12-2 Page 6 June 30, 2012 
ArfzonaAdnunistrative 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 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. 

June 30, 2012 Page 7 Supp. 12-2 
Title 18, Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 "40 

CFR 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 air 

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, that was not in widespread use 

as of November 15, 1990. 

28 "Clean coal technology demonstration project" means a 

project using funds appropriated under the heading 

"Department of Energy - Clean Coal Technology," up to a 

total amount of $2,500,000,000 for commercial demonstration of clean coal technology or similar projects 

funded through appropriations for the Environmental 

Protection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the 

demonstration project. 

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 of 

actual 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 the 

determination 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 process 

or 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 water 

to 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, or 

concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the 

level 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 source 

which 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 and 

analyzing 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 the 

compliance 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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Arizona Administrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

a. Any standard or other requirement provided for in 

the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I 

of the Act that implements the relevant requirements 

of the Act, including any revisions to that plan promulgated in 40 CFR 52. 

b. Any term or condition of any 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 has 

determined 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 Performance 

Standards 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 registration 

programs 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 appurtenances 

thereof, 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 of 

any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United 

States as possessing power of self-government. 

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 tank 

with 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 of 

350 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 are 

sealed 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 must 

provide 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-driven 

water pumps used for less than 500 hours per calendar year for emergency replacement or standby service, provided the permittee keeps records 

documenting 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 that 

obtain 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 emissions 

units 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 vacuum 

cleaning 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 surface 

preparation for maintenance purposes at industrial or commercial facilities. 

e. Sampling and Testing 

i. Noncommercial (in-house) experimental, analytical laboratory equipment which is bench 

scale 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 emissions 

increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from 

the stationary source. 

b. Any emissions increase or net emissions increase 

that is significant for 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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ArizonaAdnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

(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 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. 

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 areas 

only, the installation or operation of a permanent clean coal technology demonstration 

project that constitutes repowering, if the 

project does not result in an increase in the 

potential to emit 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 to 

emit, 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 not 

be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to 

determine whether such units or stations are 

major sources• or 

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 detennining 

whether 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, but 

does 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 "modij,~ " means a physical change in 

or change in the method of operation of a source that 

increases the emissions of any regulated air pollutant 

emitted 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 the 

source's potential to emit before and after the modification. The following exemptions apply: 

a. A physical or operational change does not include 

routine maintenance, 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 more 

refractory-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 

June 30, 2012 Page I 1 Supp. 12-2 
Title 18. Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 or 

change 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 the 

source 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 to 

the extent that it satisfies all of the following conditions: 

i. The old level of actual emissions or the old 

level of allowable emissions, whichever is 

lower, 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 action 

resulting 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 is 

charged 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 

PM10 7.5 

SOz 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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ArizonaAdnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality - Air Pollution Control 

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 40 

CFR 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 the 

maximum capacity 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 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 issued 

under 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 I 

permit 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-NOXburners 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 a 

national ambient air quality standard by the primary standard attainment date. 

117. "Reasonably available control technology" (RACT) 

means devices, systems, process modifications, work 

practices 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 been 

promulgated 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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Title 18, Ch. 2 ArizonaAdnunistrntive Code 

Department of Environmental Quality — Air Pollution Control 

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 PMz 5in all 

areas. 

iii. Nitrogen oxides are precursors to PM z 5in 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 is 

also 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, PMZ 5emissions, and 

PMt 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 matter 

shall be accounted for in applicability determinations and in establishing emissions limitations for 

particulate matter, PMZ 5and 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 and 

gas-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 an 

emission 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 which 

would not otherwise be constructed or increase its emissions as a result of the construction or operation of the 

major source or major modification. Secondary emissions 

do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel. 

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 any 

purpose, 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 

PM10 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 (HZ S) 10 tpy 

Total reduced sulfur 10 tpy 

(including H2S) 

Reduced sulfur com- 10 tpy 

pounds (including H2S) 

Supp. 12-2 Page 14 June 30, 2012 
ArizoiaaAdministrative Code Title 18. Ch. 2 

Department of Environmental Quality — Air Pollution Control 

Municipal waste com- 3.5 x 10-6tpy 

bustor 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 tpy 

bustor acid gases (measured as sulfur 

dioxide and hydrogen 

chloride) 

Municipal solid waste 50 tpy 

landfill 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 has 

determined 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 the 

same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control 

of the same person or persons under common control. 

Pollutant-emitting activities shall be considered as part of 

the same industrial grouping if they belong to the same 

"Major Group" as described in the "Standard Industrial 

Classification Manual, 1987." 

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 sulfuric 

acid 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 sulfur 

compounds, 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 

June 30, 2012 Page 15 Supp. 12-2 
Title 18, Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

emission of HAP metals. Brazing, soldering, 

and welding equipment, and cutting torches 

related to manufacturing and construction 

activities 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 or 

maintenance 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 melt 

adhesives 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 not 

result 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 pressure 

waslier/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 permit 

revision. Cleaning and painting activities qualify as trivial activities if they are not subject to 

VOC or hazardous air pollutant control requirements; 

ii. Repair or maintenance shop activities not 

related 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 ambient 

air 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 not 

counted 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 

Supp. 12-2 Page 16 June 30, 2012 
ArizonaAdnunistrative 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 treated 

for consumption and/or use within the permitted facility; 

iv. Chemical storage associated with water and 

wastewater treatment where the water is treated 

for 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 for 

physical or chemical analysis, but not laboratory fume hoods or vents; 

iii. Equipment used for quality control, quality 

assurance, or inspection purposes, including 

sampling 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 perceptible 

change 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 

(C4F90CH3 ); 

oo. 2-(difluoromethoxymethyl)- 1, 1, 1,2,3,3,3 -heptafluoropropane ((CF3) 2CFCF20CH3); 

pp. I -ethoxy- l ,1,2,2,3,3,4,4,4-nonafluorobutane 

(C41`90CZH5); 

qq. 2-(ethoxydifluorom ethyl)- 1, 1, 1,2,3,3,3-heptafluoropropane ((CF3)2CFCF20C2H5 ; 

rr. Methyl acetate; and 

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (nC3F70CH3 , 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. 12-2 
Title 18, Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

vv. Methyl formate (HCOOCH3): and 

ww. (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 no 

unsaturations 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 of 

VOC emissions limitations or VOC content requirements: t-butyl acetate. 

153. "Wood waste burner" means an incinerator designed and 

used 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). Editorial 

correction, 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 August 

9, 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, effective 

September 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 of 

the 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; Savings 

No 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 Note 

Adopted 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. PMIoStandards 

1. The level of the primary and secondary ambient air quality standards for PM Iois 150 micrograms per cubic meter 

of PMIo— 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. PMZ 5Standards 

1. The primary ambient air quality standards for PM Z 5are: 

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: 

Supp. 12-2 Page 18 June 30, 2012 
Arfzorza Administrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 PMZ 5in 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 PMZ 5are 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). Amended 

effective 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/m3 ) -- annual arithmetic mean. 

2. 0.14 parts per million (ppm) (365 μg/m3) — 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-year 

average of the annual 99th percentile of the daily maximum one-hour average concentrations is less than or 

equal to 75 parts per billion, as determined according to 

40 CFR 50, Appendix T. 

B. The secondary ambient air quality standard for sulfur oxides, 

measured as sulfur dioxide, is 0.5 parts per million (ppm) 

(1300 μg/m3 ) -- maximum three-hour concentration not to be 

exceeded more than once per year. 

C. The level of the standards shall be measured by a reference 

method 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 

June 30, 2012 Page 19 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnzinistratfve Code 

Department of Environmental Quality — Air Pollution Control 

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

7, 2012 (Supp. 12-2). 

R18-2-204. Carbon monoxide 

A. 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 reference 

method 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 fractional 

parts equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be based upon 

hourly data that is at least 75% complete or upon data derived 

from 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 effective 

August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 

(Supp. 83-5). Former Section R9-3-207 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 future 

amendments 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. 

Supp. 12-2 Page 20 June 30, 2012 
ArizonreAdnunistrative 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, effective 

August 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 as 

Section 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 redesignate 

areas 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 at 

least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of 

the availability of such discussion document. 

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 and 

recommendations. The Governor or the Governor's designee shall publish a list of any inconsistency between 

such redesignation and such recommendations, together 

with the reasons for making such redesignation against 

the recommendation of the Federal Land Manager, if any 

Federal Land Manager has submitted written comments 

and recommendations. 

5. The redesignation is proposed after consultation with the 

elected 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. 12-2 
Title 18, Ch. 2 Arizona Adnunistrative 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: PM2 5 ted to be constructed and operated only if the area in Annual arithmetic mean 8 question 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 PMI 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 PMZ5. 

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 25 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: PMZ5 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 

Supp. 12-2 Page 22 June 30, 2012 
ArizoKaAdnrirzistrative Code Title 18. Ch. 2 

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 to 

1 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 a 

concentration 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 maximum 

allowable 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 sources 

which have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas 

curtailment order which is in effect under the provisions 

of sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, over 

the emissions from such sources before the effective date 

of such order; 

2. The concentration of such pollutant attributable to the 

increase in emissions from major and stationary sources 

which have converted from using gas by reason of a natural gas curtailment plan in effect 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 sources 

outside 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 PMt 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, or 

by 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). Amended 

effective 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 without 

change 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 R18-2-219 

renumbered 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 actions 

required for each stage are described in the Department's "Procedures for Prevention of Emergency Episodes," amended as 

of 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 

June 30, 2012 Page 23 Supp. 12-2 
Title 18. Ch. 2 Arizona Adntinistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 air 

quality has deteriorated to the extent described in subsection (B)(2). 

2. A Stage II air pollution warning shall be declared when 

any 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 same 

pollutant 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 emergency 

stage 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/m3 ) 4-hr 86.3 

8-hr 17 34 46 57.5 

Nitrogen I-hr 1,130 2,260 3,000 3,750 

dioxide 

(ug/m3 ) 24-hr 282 565 750 938 

Ozone 1-hr .2 .4 .5 .6 

(ppm) 

PM, 0 24-hr 350 420 500 600 

(ug/m3 ) 

Sulfur 24-hr 800 1,600 2,100 2,620 

dioxide 

(ug/m3 ) 

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 a 

permit, permit revision or registration, that the application contains all the information necessary for processing 

the application. Designating an application complete for 

purposes 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 it 

was 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 that 

includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a 

pollutant, applying only to the emission 

limitation for that pollutant; or 

(3) Before July 8, 1985, such merging was 

part of a change in operation at the facility 

that included the installation of emissions 

control equipment or was carried out for 

sound economic or engineering reasons. 

Where there was an increase in the emission limitation or, in the event that no 

emission limitation was in existence prior 

to the merging, an increase in the quantity 

of pollutants actually emitted prior to the 

merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit 

Supp. 12-2 Page 24 June 30, 2012 
ArizonaAdnzinistrative Code Title 18. Ch. 2 

Department of Environmental Quality — Air Pollution Control 

for greater dispersion. Absent a demonstration by the source owner or operator 

that merging was not significantly motivated by such intent, the reviewing agency 

shall deny credit for the effects of such 

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 which increase final exhaust gas 

plume 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 required 

by an applicable requirement that establishes an emissions limit (including a work practice standard) or an 

emissions cap that the source has assumed to avoid an 

applicable 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 public 

involvement 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 NSR 

pollutant not previously emitted by such emission unit or stationary source in an amount 

greater 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 with 

a potential to emit regulated minor NSR pollutants that is less than or equal to the potential to 

emit of the existing unit, provided the replacement does not cause an increase in emissions at 

other emission units at the stationary source. A 

unit installed under this provision is subject to 

any limits applicable to the unit it replaced. 

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 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. 

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 

June 30, 2012 Page 25 Supp. 12-2 
Title 18, Ch. 2 Arizona Adnunistzrative Code 

Department of Environmental Quality — Air Pollution Control 

ing elected official. For the purposes of this Article, 

a principal executive officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional 

Administrator of EPA); or 

d. For affected sources: 

i. The designated representative in so far as 

actions, 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 maximum 

capacity 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 hours 

of 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 modification 

to 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, or 

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 the 

unit. 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 be 

considered 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 American 

Industry 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 limits 

and emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in 

terms of character. Quantification may be based on emission factors, stack tests, monitored values, operating rates 

and averaging times, materials used in a process or production, modeling, or other reasonable measurement 

practices. 

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, or 

vice-president of the corporation in charge of a principal business function, or any other person who 

performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is 

responsible for the overall operation of one or more 

manufacturing, production, or operating facilities 

applying for or subject to a permit and either: 

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; 

c. For a municipality, state, federal, or other public 

agency: Either a principal executive officer or rankSupp. 12-2 Page 26 June 30, 2012 
Arizona Adnunistrative 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 operate 

any 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 to 

emit, 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 operate 

any 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 that 

would 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, any 

regulated 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 unless 

the 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 that 

requires 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 under 

subsection (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 

June 30, 2012 Page 27 Supp. 12-2 
Title 18, Ch. 2 Arizona Adnunistratfve 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 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. 

Supp. 12-2 Page 28 June 30, 2012 
Arizona Adnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 following 

emission 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 shall 

maintain 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 shall 

maintain 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 the 

fabric 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 inspections 

required 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 records 

showing 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 NOX, S02, 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 begin 

actual 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 Section 

R18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section R18-2-302 and amended effective 

September 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 issued 

under 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 the 

source 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). 

June 30, 2012 Page 29 Supp. 12-2 
Title 18, Ch. 2 Arizona Administrntive Code 

Department of Environmental Quality — Air Pollution Control 

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. A 

responsible 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 shall 

contain 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 New 

Source 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 a 

Minor 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 shall 

contain 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 this 

Chapter, 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 demonstrate 

that 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 reasonable 

deadline 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 in 

subsection (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 listed 

in 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 complete 

the "Standard Permit Application Form" and supply all information required by the "Filing Instructions" as shown in 

Appendix 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 or 

category 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 causing 

to 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 determination 

of 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 the 

applicable 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: 

Supp. 12-2 Page 30 June 30, 2012 
ArizonaAdministrative Code Title 18. Ch. 2 

Department of Environmental Quality — Air Pollution Control 

F. 

G 

H.

I.

sions data regarding insignificant activities. If the Director determines that an activity listed as insignificant does 

not 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 complying 

with a federally enforceable emission cap that is established in the permit independent of otherwise applicable 

requirements, the permit applicant shall include in its 

application proposed replicable procedures and permit 

terms that ensure the emissions trades are quantifiable 

and enforceable. 

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 submitted 

information 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 become 

applicable 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 submitted 

pursuant 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 after 

reasonable 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 conditions 

including 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 operate 

after 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, the 

source's failure to have a permit is not a violation of this Article until the Director takes final action on the application. This 

protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by the deadline specified in writing by the Director, any additional 

information 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). Fonner 

Section 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 

June 30, 2012 Page 31 Supp. 12-2 
Title 18, Ch. 2 Arizona Administrntive Code 

Department of Environmental Quality — Air Pollution Control 

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 pursuant 

to 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 in 

the 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 notify 

any 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 incorporation 

by 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 not 

included 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 recordkeeping 

designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant 

time period that are representative of the source's 

compliance with the permit as reported under 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 otherwise 

required 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; 

Supp. 12-2 Page 32 June 30, 2012 
Arizona Administrative Code Title 18. Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 five 

years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records 

and all original strip-chart recordings for continuous 

monitoring instrumentation and copies of all reports 

required by the permit. 

The permit shall incorporate all applicable reporting 

requirements 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 of 

the 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 to 

the 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 the 

provisions 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 the 

designated 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 of 

the 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 the 

permit 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 an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order 

to maintain compliance with the conditions of the 

pennit. 

c. The permit may be revised, reopened, revoked and 

reissued, or tenninated for cause. The filing of a 

request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of planned changes or anticipated 

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 cause 

exists for revising, revoking and reissuing, or terminating the permit, or to determine compliance with 

the permit. Upon the Director's request, the permittee shall also furnish to the Director copies of 

records 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 nonattainment 

area 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 be 

required 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 of 

emissions increases and decreases in the pennitted facility, to the extent that the applicable requirements provide 

for 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; 

June 30, 2012 Page 33 Supp. 12-2 
Title 18, Ch. 2 AriZonaAdministrntive Code 

Department of Environmental Quality — Air Pollution Control 

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 control 

of the source, including acts of God, that requires immediate corrective action to restore normal operation and 

that 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 extent 

caused 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 permittee 

took 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 when 

emission 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 shall 

not 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 18 

months 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). Fonner 

Section 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 forth 

inteimittent operating scenarios including potential periods of downtime. If the terms and conditions are 

included, the state's emissions inventory shall not reflect 

the 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 in 

the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that 

ensure the emissions trades are quantifiable and enforceable. The 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 permit 

shall 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. 

Supp. 12-2 Page 34 June 30, 2012 
Arizona Administrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 otherwise 

enforceable 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 this 

Section, "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 voluntarily 

accepted 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 applicable 

requirement are at least as stringent as the emissions limitations, controls, or other requirements that would otherwise be applicable to that source, including those that 

originate in an applicable implementation plan; and the 

permit 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 to 

this 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 emissions 

units, 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; 

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 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 

June 30, 2012 Page 35 Supp. 12-2 
Title 18, Ch. 2 AriZonaAdminfstrative Code 

Department of Environmental Quality — Air Pollution Control 

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 due 

to 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 and 

unavoidable 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 an 

expeditious 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 labor 

and 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 pattern 

indicative 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, or 

planned, 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 of 

an 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 the 

reportirig 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 to 

prevent 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 the 

impact of the excess emissions on ambient air quality; 

f. 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; 

g. All emissions monitoring systems were kept in operation if at all practicable; and 

h. The owner or operator's actions in response to the 

excess 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, through 

submission of the data and information required by this Section and R18-2-310.01, that all reasonable and practicable 

measures 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 Arizona 

Testing 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 Section 

adopted 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 Requirements 

A. 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: 

Supp. 12-2 Page 38 June 30, 2012 
ArizonaAdnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

1. Notification by telephone or facsimile within 24 hours of 

the 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 the 

units 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 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 permit contains procedures governing 

source operation during periods of startup or malfunction 

and 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 if 

the 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 applicable 

procedures 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 requirements 

established 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 has 

been 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 Tests 

A. 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 as 

the 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. 

June 30, 2012 Page 39 Supp. 12-2 
ArizonaAdnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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"5M g/dscm per ppm (2.64 x 10' 9M lb/dscf 

per ppm) where M= pollutant molecular 

weight, 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' 5M lb/wscm 

per ppm) (2.59 x 10-5M 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 calorific 

value of the fuel combusted (F), a factor representing a ratio of the volume of carbon dioxide 

generated 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 instrumental 

measurement 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 each 

avei•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 for 

each 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 variability 

of 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). Amended 

effective 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 change 

as 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 Permit 

A. 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 an 

air 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. 

June 30, 2012 Page 43 Supp. 12-2 
Title 18, Ch. 2 AriZonnAdministrative Code 

Department of Environmental Quality - Air Pollution Control 

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 I 

A. 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 under 

the 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 control 

equipment 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 the 

permit 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 by 

the 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 advance 

notification 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 comply 

and 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 to 

any 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 determination 

of 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 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. 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. 

Supp. 12-2 Page 44 June 30, 2012 
Title 18, Ch. 2 ArizonaAdnunislrative 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 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 emissions 

cap 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; and 

6. 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 procedures 

may 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 applicable 

implementation 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 with 

standard 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, within 

five 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 or 

affected 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 the 

changes 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 Permits 

The Director may amend any Class II permit annually without following R18-2-321 in order to incorporate changes reflected in logs 

or 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 of 

an 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 the 

source 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, 2012 
ArizonaAdnzinistrative Code Title 

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 the 

permit 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 both 

the 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 40 

CFR 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 or 

R18-2-306.02, 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 existing 

applicable 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 I 

permit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in 

R18-2-307 and R18-2-330. 

Historical Note 

Adopted 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, effective 

December 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. 12-2 
Title 18, Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 be 

reopened and revised under any of the following circumstances: 

a. Additional applicable requirements under the Act 

become applicable to a major source with a remaining permit term of three or more years. Such a 

reopening shall be completed not later than 18 

months after promulgation of the applicable requirement. No such reopening is required if the effective 

date of the requirement is 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 that 

the permit contains a material mistake or that inaccurate statements were made in establishing the 

emissions standards or other terms or conditions of 

the permit. 

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 permit 

issuance 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 proposed 

determination 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 application 

form 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 certified 

mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation and a statement 

that the permittee is entitled to a hearing. 

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; 

Supp. 12-2 Page 48 June 30, 2012 
ArizonaAdndnistrative Code Title 18. Ch. 2 

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 the 

information 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, or 

local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally 

responsible for operating the 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 Office 

of 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 source 

shall 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 equipment 

notifies 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 Shields 

A. 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. 12-2 
Administrator 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 order 

shall 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 consent 

decree 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 or 

decree. 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 consent 

decree 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 for 

public 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 4 

of 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 for 

two 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. 

G. 

Title 18, Ch. 2 Arizonn Adnunistrative Code 

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 permit 

decision 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 notice 

if 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 hearing 

and 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 location 

under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. 

If a public hearing is to be held, the applicant shall place an 

additional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is 

closed. 

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 the 

commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final 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, effective 

March 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, 2012 
AriZona Adnunfstrative Corle Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 the 

control of the source" shall mean circumstances where the violation resulted from a sudden and unavoidable breakdown of 

the 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 Limitation 

A. 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, where 

Hg = good engineering practice stack height, measured from the ground-level elevation at the base of 

the stack; 

H= height of nearby structure measured from the 

ground-level elevation at the base of the stack; 

L= lesser dimension (height or projected width) of 

nearby structure; 

provided that the EPA, the Director, or 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 the 

emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric 

downwash, wakes, or eddy effects created by the source 

itself, nearby structures, or nearby terrain obstacles; 

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 may 

be considered to be nearby which falls within a distance of up to 10 times the maximum height (H+) of 

the feature, not to exceed 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 which 

individually is at least 40% in excess of the maximum concentration experienced in the absence of 

such downwash, wakes, or eddy effects and which 

contributes to a total concentration due to emissions 

from all sources that is greater than an ambient air 

quality standard. For sources subject to the requirements for permits or permit revisions under Article 4 

of 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 which 

individually 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 

June 30, 2012 Page 55 Supp. 12-2 
Title 18, Ch. 2 Arizona Administrative Code 

Department of Environmental Quality — Air Pollution Control 

rate to be used in making demonstrations under subsection (13)(4) shall be prescribed by the new source 

performance standard which is applicable to the 

source category unless the owner or operator demonstrates that this emission rate is infeasible. Where 

such demonstrations are approved by the 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 after 

November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking 

stack height credit after December 31, 1970, based 

on the aerodynamic influence of structures not adequately represented by the equations in 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 the 

demonstration 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 the 

U.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, effective 

August 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 amount 

equal to or greater than the permitting exemption threshold. 

3. This Section shall apply to an increase in emissions of a 

regulated minor NSR pollutant from a minor NSR modification, if the modification would increase the source's 

potential to emit that pollutant by an amount equal to or 

greater than the 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 source 

or 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. 

Supp. 12-2 Page 56 June 30, 2012 
Title 18, Ch. 2 Arizona Adnuizistrative Code 

Department of Environmental Quality — 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, 2012 
ArizonaAdmfnistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

mum hourly electric output rate and maximum 

steam 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 material 

input, or maximum rate of product output. Combustion process units will typically use maximum rate 

of fuel input. For sources having multiple end products and raw materials, the owner or operator should 

consider 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, the 

Director 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, or 

engineering 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 process 

unit 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 it 

was 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 that 

includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a 

pollutant, applying only to the emission 

limitation for that pollutant; or 

(3) Before July 8, 1985, the merging was part 

of a change in operation at the facility that 

included the installation of emissions control equipment or was carried out for 

sound economic or engineering reasons. 

Where there was an increase in the emission limitation or, in the event that no 

emission limitation was in existence prior 

to the merging, an increase in the quantity 

of pollutants actually emitted prior to the 

merging, the Department shall presume 

that merging was significantly motivated 

by an intent to gain ernissions credit for 

greater dispersion. Absent a demonstration by the source owner or operator that 

merging was not significantly motivated 

by such intent, the Department shall deny 

credit 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 air 

pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood 

of achieving greater continuous emissions reduction than 

any control system in current practice, or of achieving at 

least comparable reductions at lower cost in terms of 

energy, economics, or 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 

June 30, 2012 Page 59 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunistrrative Code 

Department of Environmental Quality — Air Pollution Control 

owner or operator of the proposed stationary source 

demonstrates that the limitation is not achievable; or 

b. The most stringent emissions limitation that is 

achieved in practice by the class or category of stationary source. This limitation, when applied to a 

modification, means the lowest achievable emissions rate for the new or modified emissions units 

within the stationary source. 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 CO3 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 

NOx PMI p, Serious 70 

NOX 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 regulated 

NSR pollutant if the source is classified as a Categorical Source, or 250 tons per year or more of any 

regulated 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 shall 

not 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 major 

source, 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 which 

an 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 any 

12-month period in the 120 calendar months following that date if the project involves increasing the 

design capacity or potential to emit of any emissions 

unit 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 particular 

project, 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 

Supp. 12-2 Page 60 June 30, 2012 
Adnunistrntive Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 emissions 

unit 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 removed 

from the major source, otherwise permanently disabled, or permanently barred from operation by a 

permit that is enforceable as a practical matter. If the 

replaced 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 μg/m3 5 pg/m3 25 μg/m3 

NOZ I μg/m3 

CO 0.5 mg/m3 2 mg/m3 

PM10 1 μg/m3 5 μg/m3 

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 ambient 

air 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 an 

amount 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 effective 

November 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 of 

R18-2-403 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 it 

causes 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 of 

any 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 significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the 

projected 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 both 

new 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 

June 30, 2012 Page 61 Supp. 12-2 
Title 18, Ch. 2 ArizoiiaAdmisaistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 of 

the projeet and that is emitted by any emissions unit identified in subsection (F)(1)(b); and calculate and maintain 

a 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 a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity 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 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 (F)(3). 

The report shall document the unit's post-project annual 

emissions 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 amount 

that 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, or 

combination 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 not 

exceed the applicable standards for hazardous air pollutants contained in this Chapter; 

E. 

F. 

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ArizonaAdmireistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 of 

lead 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 a 

permit application shall initially consider only the geographical area located within a 50 kilometer radius from the point of 

greatest 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 written 

notice thereof, specifying the enlarged radius to be so considered. In performing an air impact analysis for any geographical area with a radius of more than 50 kilometers, the person 

applying for the permit or permit revision may use monitoring 

or modeling data obtained from major sources having comparable emissions or having emissions which are capable of 

being accurately used in such demonstration, and which are 

subjected to terrain and atmospheric stability conditions which 

are comparable or which may be extrapolated with reasonable 

accuracy for use in such 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 that 

is 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 of 

which 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 the 

owner 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 between 

construction of the approved phases of a phased construction project; each phase must commence construction 

within 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 renumbered 

without 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 sources 

owned or operated by that person (or any entity controlling, controlled by, or under common control with that 

person) in the state are in compliance with, or 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 make 

a 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 control 

techniques for such new major source or major modification; and 

2. The Director determines that the analysis demonstrates 

that the benefits of the new major source or major modification significantly outweigh the environmental and 

social costs imposed as a result of its location, construction, or modification. 

June 30, 2012 Page 63 Supp. 12-2 
Title 18, Ch . 2 AriZona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 established 

after 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 determining 

the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this 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 in 

calculating 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 operate 

for 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 emit 

only 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 effective 

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

(Supp. 12-2). 

R18-2-404. 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 been 

designated 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 and 

modifications 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 source 

commits 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 for 

the 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-term 

supplies 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 the 

emissions 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 or 

curtailed emissions unit, and the emissions reducSupp. 12-2 Page 64 June 30, 2012 
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. 

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 violation 

of 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 permit 

under 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 sources 

and 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 September 

22, 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, effective 

March 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 Severe 

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or nitrogen oxides in ozone nonattainment areas classified as serious or severe. Unless otherwise 

S. 

C. 

1-13 

F. 

ArizonnArdnunistrative Corle Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 major 

under the definition of major source in R18-2-401, any physical change or change in the method of operations that results in 

net increases in emissions of either pollutant by more than 25 

tons when aggregated with all other creditable increases and 

decreases in emissions from the source over the previous five 

consecutive calendar years, including the calendar year in 

which the increase is proposed. 

For any major source that emits or has the potential to emit 

less than 100 tons of VOC or oxides of nitrogen per year, a 

physical or operational change that results in a significant 

increase in VOC or oxides of nitrogen, respectively, from any 

discrete operation, unit, or other pollutant emitting activity at 

the source shall constitute a major modification, except that 

the increase shall not constitute a major modification, if the 

owner or operator of the source elects to offset the increase by 

a greater reduction in emissions of VOC or oxides of nitrogen, 

as applicable, from other operations, units or activities at the 

source at an internal offset ratio of at least 1.3 to 1. If the 

owner or operator does not make such an election, the change 

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

major modification. 

For any stationary source that emits or has the potential to emit 

100 tons or more of VOC or oxides of nitrogen per year, a 

physical or operational change that results in any significant 

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

respectively, shall constitute a major modification except that 

if the owner or operator of the source elects to offset the 

increase by a greater reduction in emissions of VOC or oxides 

of nitrogen, as applicable, 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, effective 

September 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. 12-2 
Title 18, Ch. 2 Arfzona Adnunistrative Cocle 

Department of Environmental Quality — Air Pollution Control 

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 and 

R18-2-408 (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 an 

area 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. In 

no event shall such application of BACT result in emissions of any pollutant, which would exceed the emissions 

allowed by any applicable new source performance standard or national emission standard for hazardous air pollutants under Articles 9 and 11 of this Chapter or by the 

applicable implementation plan. If the Director determines that technological or economic limitations on the 

application of ineasurement methodology to a particular 

emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof 

may be prescribed instead to satisfy the requirement for 

the application of BACT. Such standard shall, to the 

degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work 

practice, or operation and shall provide for compliance by 

means which achieve equivalent results. 

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 increases 

or 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 of 

conventional air pollutants in violation of any ambient air quality standard in Article 2 of this Chapter in 

any air quality control region or any applicable maximum allowable increase under R18-2-218 over the 

baseline 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 of 

the 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 new 

major 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 modification 

will not contribute to violations of the Arizona ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a demonstration shall 

include a showing that topographical, meteorological, or other physical factors in the vicinity of the 

new major source or major modification are such 

that transport of volatile organic compounds emitted 

from the source are not expected to contribute to 

violations of the ozone standards . inthe adjacent 

nonattainment areas. 

6. Air quality models: 

a. All estimates of ambient concentrations required 

under this Section shall be based on the applicable 

air 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 that 

pollutant, 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 new 

major 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 in 

calculating 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 the 

owner 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 will 

operate 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 

Supp. 12-2 Page 66 June 30, 2012 
AriZoitaAdnunistrative Code Title 18. Ch. 2 

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 specifically 

defined air quality related values of any Federal Mandatory area designated in R18-2-217(B) regardless of the 

fact that the change in air quality resulting from emissions attributable to such new major source or major 

modification to a source in existence will not cause or 

contribute to concentrations which exceed the maximum 

allowable increases for 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 proposed 

demonstrates to the Federal Land Manager that the emissions attributable to such major source or major modification will have no significant adverse impact on the 

visibility or other specifically defined air quality-related 

values of such areas and the Federal Land Manager so 

certifies to the Director, the Director may issue a permit 

or permit revision under this Article, notwithstanding the 

fact that the change in air quality resulting from emissions attributable to such new major source or major 

modification will cause or contribute to concentrations 

which exceed the maximum allowable increases for a 

Class I area. Such a permit or permit revision under this 

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 cause 

increases 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 

PM10 : 

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 established 

after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on 

hours of operation, then the requirements of this Section shall 

apply to the source or modification as though construction had 

not yet commenced on the source or modification. 

Historical Note 

Former 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 May 

14, 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 

Requirements 

A. 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 nonmethane 

hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that 

pollutant would cause or contribute to a violation of 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, may 

provide 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. 12-2 
Title 18. Ch. 2 AriZoiza Admiiiistrative 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 an 

existing 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/m3 , annual average; 

c. PMZ 5 — 4 μg/m3 , 24-hour average; 

d. PM 1p - 10 μg/m3 , 24-hour average; 

e. Sulfur dioxide - 13 μg/m3 , 24-hour average; 

f. Lead - 0.1 μg/m3 , 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 or 

modification and general commercial, residential, industrial, and other growth associated with the new source or 

modification. The applicant need not provide an analysis 

of the impact on vegetation having no significant commercial or recreational value. 

2. An analysis of the air quality impact. projected for the 

area 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 effective 

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

(Supp. 12-2). 

R18-2-408. 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 best 

available 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 date 

specified 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 requirements 

equivalent 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 the 

specified time period, or if the approval is withdrawn in accordance with subsection (C) above, the Director may allow the 

owner or operator of the source or modification up to an additional three years to meet the requirement for the application 

of best available control technology 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 this 

Article, 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. 

!a 

1. 

Supp. 12-2 Page 68 June 30, 2012 
ArizonnAdnunistrative Code Title 18. Ch. 2 

Department of Environmental Quality - Air Pollution Control 

modification or substitution can occur, the Director shall make 

a written finding that: 

1. No model in the Guideline is appropriate for a particular 

permit 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 shall 

provide 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 the 

Federal 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 adverse 

impact 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 Article 

for the proposed major new source or major modification. 

4. When the proposed permit decision is made, pursuant to 

R18-2-304(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 and 

shall 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 Note 

Adopted 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 major 

stationary 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 : 

June 30, 2012 Page 69 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdmii:istrative 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 owner 

or 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 the 

PAL 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 a 

PAL 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 during 

the PAL effective period creditable as decreases for purposes of offsets under R18-2-404 unless the level of the 

PAL 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 for 

a 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 baseline 

actual emissions for all existing emissions units. However, a different consecutive 24-month period may be 

used 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 the 

source owner or operator will be required to reduce emissions fi•om industrial boilers in half from baseline emissions of 60 ppm NOXto 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 compliance 

purposes 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 operator 

monitor 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. 

A 

Supp. 12-2 Page 70 June 30, 2012 
Arizona Adrniizistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 for 

a 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 accordance 

with 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 the 

end 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, if 

such 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 allowable 

emissions 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 have 

applied 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 emissions 

units under the PAL (with supporting documentation). 

d. Any other information the owner or operator wishes 

the 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 no 

case 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 the 

source'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 to 

reward 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 

June 30, 2012 Page 71 Supp. 12-2 
Title 18, Ch. 2 AriZonaAdmii2istrative Code 

Department of Environmental Quality — Air Pollution Control 

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. Such 

application 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 emissions 

of 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 from 

BACT 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 the 

preceding 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 new 

emissions 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 accurately 

determines 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 and 

manipulation. Additionally, the information generated by such system must meet minimum legal 

requirements 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 approaches 

meeting 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 using 

mass 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 contained 

in 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 monitor 

PAL 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 least 

every 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: 

Supp. 12-2 Page 72 June 30, 2012 
Arizona Adnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality - Air Pollution Control 

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 shall 

conduct 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 emissions 

unit 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 correlation 

between 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 to 

retain 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 anticipated 

date that the monitoring system will be fully operational or replaced with another monitoring system, 

and whether the emissions unit monitored by the 

monitoring 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 accordance 

with 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 the 

same or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping. 

lune 30, 2012 Page 73 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

"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 not 

contained 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, and 

demonstrate 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 for 

individual 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 and 

operate 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 amended 

effective 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 operate 

under 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 permit 

application summary form and any relevant portion of the permit application and compliance plan. To the extent possible, 

this information shall be provided in computer-readable format compatible with the Administrator's national database 

management system. 

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; 

Supp. 12-2 Page 74 June 30, 2012 
Arizona Admfnistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 to 

its 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 a 

general 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 timely 

application 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 be 

excluded from coverage by applying for an individual source permit. Coverage under the general permit shall terminate on the date 

the individual permit is issued. 

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) or 

HAPRACT (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- 

June 30, 2012 Page 75 Supp. 12-2 
ArizonaAdministrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 operating 

conditions 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 for 

new 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). Amended 

effective 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 September 

26, 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 that 

would 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 to 

operate 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 general 

permit 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 source 

shall 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 Director 

and 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). Amended 

effective 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). 

June 30, 2012 Page 77 Supp. 12-2 
Arizona Adnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 aggregate 

and mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphalt 

into 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 stock 

washer 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, is 

not 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% of 

total 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 gas 

resulting 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, TRS 

compounds 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 of 

more 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 megawatts 

and supplying in any calendar year more than oneJune 30; 2012 Page 93 Supp. 12-2 
Title 18. Ch. 2 AriZona Adnritnistrative 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 a 

control 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 inercury 

allowances, 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 or 

kraft 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 (transportation 

equipment), 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 hotwell 

used to concentrate the spent cooking liquid that is separated from the pulp. 

35. "Nameplate capacity" means, starting from the initial 

installation 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 per 

kilowatt-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 for 

burning 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, 2012 
ArfZona Administrative Code Title 18, Ch. 2 

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 rotary 

drum 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 smelting 

of 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 is 

provided 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 September 

26, 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 an 

exceedance 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 any 

associated 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 control 

technology that is reasonably available considering technical and economic feasibility; and 

iii. An explanation why the source cannot meet the 

present 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 in 

40 CFR 60 and in Appendix B, Performance Specification 1. 

c. A verification by a responsible official of the source 

of the truth, accuracy, and completeness of the petition. This certification shall state that, based on 

infoimation and belief formed after reasonable 

inquiry, 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 visible 

emissions 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 of 

each 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 State 
Arizona 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 PMZ5 

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. 12-2 
Title 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; PMtp 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 PMI p Nonattainment Areas Except 

Yuma County 

R18-2-612. Definitions for R18-2-613 

R18-2-613. Yuma PM IONonattainment 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, 2012 
ArizonaAdnunistrative 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, R9-3-840 

through 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. 12-2 
Title 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). 

Section 

R18-2-1101. 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 Plans 

R18-2-1407. 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: 

General 

R18-2-1410. 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 NO2areas (Transportation Plan) 

Supp. 12-2 Page 4 June 30, 2012 
AriionaAdnrinistrative Code Title 18, Ch. 2 

Department of Environmental Quality - Air Pollution Control 

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

for PM I p and NO2areas (TIP) 

R18-2-1427. Criteria and Procedures: Interim Period Reductions 

for PM10and NO2areas (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 10Concentrations (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. S02Milestones and Backstop Trading Program; 

Definitions 

R18-2-1611. Applicability 

R18-2-1612. Pre-trigger Monitoring, Recordkeeping, and Reporting 

R18-2-1613. Western Backstop S0 2Trading 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. Repealed 

Appendix 12.Al2. Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants 

Appendix 13.Repealed 

June 30, 2012 Page 5 Supp. 12-2 
Title 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; 42 

U.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 a 

consecutive 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 has 

occurred, 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 may 

be 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 mist 

aerosols, 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 waste 

and 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 in 

connection 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, or 

obscure 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 used 

to 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 rated 

capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate 

or 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 the 

Administrator 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 has 

been identified in regulations promulgated by the AdminSupp. 12-2 Page 6 June 30, 2012 
ArizonaAdnrinistrative 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. 

June 30, 2012 Page 7 Supp. 12-2 
Title 18, Ch. 2 Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 "40 

CFR 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 air 

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, that was not in widespread use 

as of November 15, 1990. 

28. "Clean coal technology demonstration project" means a 

project using funds appropriated under the heading 

"Department of Energy - Clean Coal Technology," up to a 

total amount of $2,500,000,000 for commercial demonstration of clean coal technology or similar projects 

funded through appropriations for the Environmental 

Protection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the 

demonstration project. 

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 of 

actual 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 the 

determination 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 process 

or 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 water 

to 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, or 

concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the 

level 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 source 

which 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 and 

analyzing 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 the 

compliance 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): 

Supp. 12-2 Page 8 June 30, 2012 
Arizona Adnunistratfve Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

a. Any standard or other requirement provided for in 

the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I 

of the Act that implements the relevant requirements 

of the Act, including any revisions to that plan promulgated in 40 CFR 52. 

b. Any term or condition of any 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 has 

determined 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 Performance 

Standards 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 registration 

programs 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 appurtenances 

thereof, 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 of 

any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United 

States as possessing power of self-government. 

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 tank 

with 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 of 

350 gallons or more and provides threshold values for throughput or capacity or both for each 

such vessel. 

52. 

53 

June 30, 2012 Page 9 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunisfrative Code 

Department of Environmental Quality — Air Pollution Control 

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 are 

sealed 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 must 

provide 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-driven 

water pumps used for less than 500 hours per calendar year for emergency replacement or standby service, provided the permittee keeps records 

documenting 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 that 

obtain 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 emissions 

units 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 vacuum 

cleaning 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 surface 

preparation for maintenance purposes at industrial or commercial facilities. 

Sampling and Testing 

i. Noncommercial (in-house) experimental, analytical laboratory equipment which is bench 

scale 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 emissions 

increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from 

the stationary source. 

b. Any emissions increase or net emissions increase 

that is significant for 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: 

Supp. 12-2 Page 10 June 30, 2012 
ArfzonaAdnzinistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

(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 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. 

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 areas 

only, the installation or operation of a permanent clean coal technology demonstration 

project that constitutes repowering, if the 

project does not result in an increase in the 

potential to emit 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 to 

emit, 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 not 

be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to 

determine whether such units or stations are 

major sources; or 

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 determining 

whether 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, but 

does 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 pollutant 

emitted 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 the 

source§ 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 more 

refractory-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 

June 30, 2012 Page 11 Supp. 12-2 
Title 18. Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 or 

change 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 the 

source 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 PMIOwhich 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 to 

the extent that it satisfies all of the following conditions: 

i. The old level of actual emissions or the old 

level of allowable emissions, whichever is 

lower, 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 action 

resulting 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 is 

charged 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 

PMta 7.5 

SO2 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 

Supp. 12-2 Page 12 June 30, 2012 
ArfzonaAdnunfstrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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."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, "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 40 

CFR 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 the 

maximum capacity 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 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 issued 

under 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 I 

permit 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 a 

national ambient air quality standard by the primary standard attainment date. 

117. "Reasonably available control technology" (RACT) 

means devices, systems, process modifications, work 

practices 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 been 

promulgated 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 

June 30, 2012 Page 13 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunfstrative Code 

Department of Environmental Quality — Air Pollution Control 

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 PMz 5in all 

areas. 

iii. Nitrogen oxides are precursors to PMz 5in 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 is 

also 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 

PMt 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 matter 

shall 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 and 

gas-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 an 

emission 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 which 

would not otherwise be constructed or increase its emissions as a result of the construction or operation of the 

major source or major modification. Secondary emissions 

do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel. 

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 any 

purpose, 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 

PMt p 15 tpy 

PMz 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 (1-12S) 10 tpy 

Total reduced sulfur 10 tpy 

(including 1-12S) 

Reduced sulfur com- 10 tpy 

pounds (including HzS) 

Supp. 12-2 Page 14 June 30, 2012 
Arfzona Adnrinistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

Municipal waste com- 3.5 x 10-6tpy 

bustor 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 tpy 

bustor acid gases (measured as sulfur 

dioxide and hydrogen 

chloride) 

Municipal solid waste 50 tpy 

landfill 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 has 

determined 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 the 

same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control 

of the same person or persons under common control. 

Pollutant-emitting activities shall be considered as part of 

the same industrial grouping if they belong to the same 

"Major Group" as described in the "Standard Industrial 

Classification Manual, 1987." 

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 sulfuric 

acid 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 sulfur 

compounds, 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 

June 30, 2012 Page 15 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnrinistrative Code 

Department of Environmental Quality — Air Pollution Control 

emission of HAP metals. Brazing, soldering, 

and welding equipment, and cutting torches 

related to manufacturing and construction 

activities 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 or 

maintenance 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 melt 

adhesives 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 not 

result 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 pressure 

washer/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 permit 

revision. Cleaning and painting activities qualify as trivial activities if they are not subject to 

VOC or hazardous air pollutant control requirements; 

ii. Repair or maintenance shop activities not 

related 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 ambient 

air 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 not 

counted 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, 2012 
Arizona 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 treated 

for consumption and/or use within the permitted facility; 

iv, Chemical storage associated with water and 

wastewater treatment where the water is treated 

for 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 for 

physical or chemical analysis, but not laboratory fume hoods or vents; 

iii. Equipment used for quality control, quality 

assurance, or inspection purposes, including 

sampling 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 perceptible 

change 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`90CH3 ); 

oo. 2-(difluoromethoxymethyl)- 1, 1, 1,2,3,3,3 -heptafluoropropane ((CF3)2CFCF20CH3 ); 

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 

(C4F90C21-1 5); 

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3 ) 2CFCF20C2H5 ; 

rr. Methyl acetate; and 

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (nC3F70CH3 , 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. 12-2 
Title 18, Ch. 2 ArizonaAdnainfstrative Code 

Department of Environmental Quality - Air Pollution Control 

vv. Methyl formate (HCOOCH3): and 

ww. (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 no 

unsaturations 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 of 

VOC emissions limitations or VOC content requirements: t-butyl acetate. 

153. "Wood waste burner" means an incinerator designed and 

used 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). Editorial 

correction, 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 August 

9, 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, effective 

September 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 of 

the 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. PMt o Standards 

1. The level of the primary and secondary ambient air quality standards for PMIp is 150 micrograms per cubic meter 

of PMto- 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, 2012 
Arizona Adntinistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

a. 15 micrograms per cubic meter of PMZ 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 2.5in 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 5are 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 .5are 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). Amended 

effective 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/m3 ) -- 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-year 

average of the annual 99th percentile of the daily maximum one-hour average concentrations is less than or 

equal to 75 parts per billion, as determined according to 

40 CFR 50, Appendix T. 

B. The secondary ambient air quality standard for sulfur oxides, 

measured as sulfur dioxide, is 0.5 parts per million (ppm) 

(1300 pg/m3 ) -- maximum three-hour concentration not to be 

exceeded more than once per year. 

C. The level of the standards shall be measured by a reference 

method 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. 12-2 
Title 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 than once per year, 

2. 5 parts per million (40 milligrams per cu~ fc meter) -- 

aximum one-hour concentration not t°be exceeded 

m 

~-cjurnaovneragp 

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 rts per million 

shall be made in termof i tegers with fractional pa rts 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 reference 

method 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 fractional 

parts equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be based upon 

hourly data that is at least 75% complete or upon data derived 

from 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 effective 

August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 

(Supp. 83-5). Former Section R9-3-207 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 future 

amendments 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, 2012 
ArizonaAdnunfstrative 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, effective 

August 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 as 

Section 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 redesignate 

areas 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 at 

least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of 

the availability of such discussion document. 

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 and 

recommendations. The Governor or the Governor's designee shall publish a list of any inconsistency between 

, such redesignation and such recommendations, together 

with the reasons for making such redesignation against 

the recommendation of the Federal Land Manager, if any 

Federal Land Manager has submitted written comments 

and recommendations. 

5. The redesignation is proposed after consultation with the 

elected 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. 12-2 
Title 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 18 tion 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 PM10and 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: PMZ5 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 for 

which maximum allowable increases or other equivalent meaCLASS II sures have been established if both: 

Particulate matter: PM2.5 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 in 

the case of a major modification, there would be a signifAnnual arithmetic mean 20 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 

Supp. 12-2 Page 22 June 30, 2012 
Arfzona Adntinistrative Code Title 18, Ch. 2 

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 to 

1 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 a 

concentration 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 maximum 

allowable 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 sources 

which have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas 

curtailment order which is in effect under the provisions 

of sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, over 

the emissions from such sources before the effective date 

of such order; 

2. The concentration of such pollutant attributable to the 

increase in emissions from major and stationary sources 

which have converted from using gas by reason of a natural gas curtailment plan in effect 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 toattributable 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 sources 

outside 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 towould 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, or 

by 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). Amended 

effective 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 without 

change 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 ~effective 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 as 

of 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. 

B. The following ges are identified by air quali riteria in 

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. 12-2 
2. 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 when 

rati s listed in subsecon' oring site and when 

de that there will be a 

ntrations of the same 

evel 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 and meteorological nditions do 

n improve, the warning stage control a ions shall be 

im lemented but no watning shall be dec ed, unless air 

aua 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/m3 ) 4-hr - 86.3 

8-hr 17 34 46 57.5 

Nitrogen 1-hr 1,130 2,260 3,000 3,750 

dioxide 

(ug/m3 ) 24-hr 282 565 750 938 

Ozone 1-hr .2 .4 .5 .6 

(ppm) 

PM 10 24-hr 350 420 500 600 

(ug/m3 ) 

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 correction, 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 a 

permit, permit revision or registration, that the application contains all the information necessary for processing 

the application. Designating an application complete for 

purposes 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 it 

was 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 that 

includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a 

pollutant, applying only to the emission 

limitation for that pollutant; or 

(3) Before July 8, 1985, such merging was 

part of a change in operation at the facility 

that included the installation of emissions 

control equipment or was carried out for 

sound economic or engineering reasons. 

Where there was an increase in the emission limitation or, in the event that no 

emission limitation was in existence prior 

to the merging, an increase in the quantity 

of pollutants actually emitted prior to the 

merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit 

Supp. 12-2 Page 24 June 30, 2012 
ArizonaAdministrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

for greater dispersion. Absent a demonstration by the source owner or operator 

that merging was not significantly motivated by such intent, the reviewing agency 

shall deny credit for the effects of such 

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 buming. 

v. Techniques which increase final exhaust gas 

plume 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 required 

by an applicable requirement that establishes an emissions limit (including a work practice standard) or an 

emissions cap that the source has assumed to avoid an 

applicable 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 public 

involvement 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 NSR 

pollutant not previously emitted by such emission unit or stationary source in an amount 

greater 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 with 

a potential to emit regulated minor NSR pollutants that is less than or equal to the potential to 

emit of the existing unit, provided the replacement. does not cause an increase in emissions at 

other emission units at the stationary source. A 

unit installed under this provision is subject to 

any limits applicable to the unit it replaced. 

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 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. 

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. 12-2 
Title 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 the 

unit. 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 be 

considered 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 American 

Industry 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 limits 

and emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in 

terms of character. Quantification may be based on emission factors, stack tests, monitored values, operating rates 

and averaging times, materials used in a process or production, modeling, or other reasonable measurement 

practices. 

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, or 

vice-president of the corporation in charge of a principal business function, or any other person who 

performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is 

responsible for the overall operation of one or more 

manufacturing, production, or operating facilities 

applying for or subject to a permit and either: 

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; 

c. For a municipality, state, federal, or other public 

agency: Either a principal executive officer or ranking elected official. For the purposes of this Article, 

a principal executive officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional 

Administrator of EPA); or 

d. For affected sources: 

i. The designated representative in so far as 

actions, 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 maximum 

capacity 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 hours 

of 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 modification 

to 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, 2012 
Arizona 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 operate 

any 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 to 

emit, 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 operate 

any 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 that 

would 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, any 

regulated 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 unless 

the 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 that 

requires 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 under 

subsection (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. 12-2 
Title 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. 

Supp. 12-2 Page 28 June 30, 2012 
Arizona Adnunfstrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 following 

emission 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 shall 

maintain 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 shall 

maintain 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 the 

fabric 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 inspections 

required 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 records 

showing 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, PMZ5 , 

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 begin 

actual 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 Section 

R18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section R18-2-302 and amended effective 

September 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 issued 

under 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 the 

source 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. 12-2 
Title 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 complete 

the "Standard Permit Application Form" and supply all information required by the "Filing Instructions" as shown in 

Appendix 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 or 

category 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 causing 

to 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 detennination 

of 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 the 

applicable 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. A 

responsible 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 shall 

contain 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 New 

Source 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 a 

Minor 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 shall 

contain 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 this 

Chapter, 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 demonstrate 

that 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 reasonable 

deadline 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 in 

subsection (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 listed 

in the application. The application need not provide emisSupp. 12-2 Page 30 June 30, 2012 
Arizonn Arlministrntive Code Title 18. Ch. 2 

Departrnent of Environmental Quality — Air Pollution Control 

a 

H. 

sions data regarding insignifrcant activities. If the Director determines that an activity listed as insignifrcant does 

not 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 complying 

with a federally enforceable emission cap that is established in the permit independent of otherwise applicable 

requirements, the permit applicant shall include in its 

application proposed replicable procedures and permit 

terms that ensure the emissions trades are 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 submitted 

information 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 become 

applicable 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 submitted 

pursuant 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 after 

reasonable 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 conditions 

including 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 operate 

after 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, the 

source'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 additional 

information 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). Former 

Section 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 

June 30, 2012 Page 31 Supp. 12-2 
Title 18, Ch. 2 Arizona Adminfstrative Corle 

Department of Environmental Quality — Air Pollution Control 

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 shall place the inform 'on 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; 

Supp. 12-2 Page 32 June 30, 2012 
ArizonaAdmfnistrative Code Title 18, Ch_2 

Department of Environmental Quality — Air Pollution Control 

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 five 

years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records 

and all original strip-chart recordings for continuous 

monitoring instrumentation and copies of all reports 

required by the permit. 

5. The permit shall incorporate all applicable reporting 

requirements 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 of 

the 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 to 

the 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 the 

provisions 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 the 

designated 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 of 

the 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 the 

permit 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 an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order 

to maintain compliance with the conditions of the 

permit, 

c. The permit may be revised, reopened, revoked and 

reissued, or terminated for cause. The filing of a 

request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of planned changes or anticipated 

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 cause 

exists for revising, revoking and reissuing, or terminating the permit, or to determine compliance with 

the permit. Upon the Director's request, the permittee shall also furnish to the Director copies of 

records 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 nonattainment 

area 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 be 

required 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 of 

emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide 

for 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; 

June 30, 2012 Page 33 Supp. 12-2 
Title 18. Ch. 2 Arizona Adnrinistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 forth 

intermittent operating scenarios including potential periods of downtime. If the terms and conditions are 

included, the state's emissions inventory shall not reflect 

the 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 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. 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 perrnit 

shall 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 control 

of the source, including acts of God, that requires immediate corrective action to restore normal operation and 

that 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 extent 

caused 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 permittee 

took 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 when 

emission 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 shall 

not 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 18 

months 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). Former 

Section 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 

Supp. 12-2 Page 34 June 30, 2012 
ArizonaAdministrntive Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 otherwise 

enforceable 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 this 

Section, "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 voluntarily 

accepted 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 applicable 

requirement are at least as stringent as the emissions limitations, controls, or other requirements that would otherwise be applicable to that source, including those that 

originate in an applicable implementation plan; and the 

pennit 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 to 

this 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 emissions 

units, 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 

June 30, 2012 Page 35 Supp. 12-2 
Title 18, Ch. 2 Arizona Adnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 due 

to 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 and 

unavoidable 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 an 

expeditious 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 labor 

and 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 pattern 

indicative 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, or 

planned, 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 of 

an 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 to 

prevent 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 the 

impact 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 the 

excess 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, through 

submission of the ta and informatio required by this Section and R18-2-3 .01, that all reaso able and practicable 

measures 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 izona 

Testing 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 Section 

a 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 Requirements 

A. 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: 

Supp. 12-2 Page 38 June 30, 2012 
Arfzona Adndnistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

1. Notification by telephone or facsimile within 24 hours of 

the 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 the 

units 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 malfunction 

and 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 if 

the 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 requirements 

established 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 has 

been 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

orambient 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 ests 

A. 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 as 

the 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. 12-2 
Arfzona 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'SM g/dscm per ppm (2.64 x 10-9lb/dscf 

p r ppm) where M= pollutant molecular 

eight, 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' SM Ib/wscm 

pe ppm) (2.59 x 10" 5M lb/wscf per ppm) 

wh re M= pollutant m ecular weight, g/g 

mo (lb/Ib mole). M= 4 for sulfur dioxide 

and 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 calorifrc 

c busted (F), a factor repref t e volume of carbon dioxide 

c 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 demobewi 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 each 

ave ging period in excess of the ap icable emistand ard in the quarterly sumary. m 

3. For nit c ac o~ ' id 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 for 

each averaging period in excess of applicabl emission standard in. the quarterly summary. 

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 ty 

o 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). Amended 

effective ctober 2, 1979 ( p. 79-5). Editorial correction, s section (C), paragra (1), subparagraph (d) 

(Supp 0-2). Amended e ffective ly 9, 1980 (Supp. 80- 

4). Fo er Section R9-3-313 renum red without change 

as 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 Permit 

A. 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 an 

air 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 another 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 changes 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 change 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 visibility mits, itted so ces may trad increases and decreases in or 'ncrement analysis; 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 rting 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 tten 

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 and 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 ~anrge that does not require a permit revision ay still be 

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 

sing the emissions trade shall be determined according to /New Section adopted by final rulemaking at 5 A.A.R. 

Supp. 12-2 Page 44 June 30, 2012 
Title 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 emissions 

cap 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;and 

6. 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 procedures 

may 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 applicable 

implementation 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 with 

standard 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, within 

five 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 tted 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 or 

affected 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 the 

changes 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 of 

an 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 the 

source 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, 2012 
Arizona 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 the 

permit 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 both 

the 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 40 

CFR 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 or 

R18-2-306.02, 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 existing 

applicable 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 I 

permit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in 

R18-2-307 and R18-2-330. 

Historical Note 

Adopted 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, effective 

December 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. 12-2 
Title 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 be 

reopened and revised under any of the following circumstances: 

a. Additional applicable requirements under the Act 

become applicable to a major source with a remaining permit term of three or more years. Such a 

reopening shall be completed not later than 18 

months after promulgation of the applicable requirement. No such reopening is required if the effective 

date of the requirement is 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 that 

the permit contains a material mistake or that inaccurate statements were made in establishing the 

emissions standards or other terms or conditions of 

the permit. 

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 permit 

issuance 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 proposed 

determination 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 application 

form 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 certified 

mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation and a statement 

that the permittee is entitled to a hearing. 

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 and 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; 

Supp. 12-2 Page 48 7une 30, 2012 
ArizonaAdnunistrative Code Title 18, Ch. 2 

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 the 

information 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, or 

local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally 

responsible for operating the 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 Office 

of 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 county 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 county 

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 portable 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 

another pr ided that the owner or operator of s ch equipment 

notifies 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 transfer. 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. 12-2 
Title 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 order 

shall 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 consent 

decree 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 or 

decree. 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 for 

public 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 4 

of 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 for 

two 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 permit 

decision 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 notice 

if 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 hearing 

and 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 location 

under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. 

If a public hearing is to be'held, the applicant shall place an 

additional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is 

closed. 

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 the 

commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final 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, effective 

March 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, 2012 
Arizona Administrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

~rwi St~6' \ . 

srm ~ 4~, ertective vugust ~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 the process or the co rol eq 'pment, 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. 12-2 
Title 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 the 

source 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 after 

November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking 

stack height credit after December 31, 1970, based 

on the aerodynamic influence of structures not adequately represented by the equations in 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 the 

demonstration 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 the 

U.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\

relation

ents 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 amount 

equal to or grea r than the pennitti exemption threshold. 

3. This Section shall a ly to an i rease in emissions of a 

regulated 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 ource 

or 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, 2012 
Title 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, 2012 
ArizonaAdnunistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

mum hourly electric output rate and maximum 

steam 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 material 

input, or maximum rate of product output. Combustion process units will typically use maximum rate 

of fuel input. For sources having multiple end products and raw materials, the owner or operator should 

consider 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, the 

Director 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, or 

engineering 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 process 

unit 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 it 

was 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 that 

includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a 

pollutant, applying only to the emission 

limitation for that pollutant; or 

(3) Before July 8, 1985, the merging was part 

of a change in operation at the facility that 

included the installation of emissions control equipment or was carried out for 

sound economic or engineering reasons, 

Where there was an increase in the emission limitation or, in the event that no 

emission limitation was in existence prior 

to the merging, an increase in the quantity 

of pollutants actually emitted prior to the 

merging, the Department shall presume 

that merging was significantly motivated 

by an intent to gain emissions credit for 

greater dispersion. Absent a demonstration by the source owner or operator that 

merging was not significantly motivated 

by such intent, the Department shall deny 

credit 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 air 

pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood 

of achieving greater continuous emissions reduction than 

any control system in current practice, or of achieving at 

least comparable reductions at lower cost in terms of 

energy, economics, or 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.

June 30, 2012 Page 59 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

owner or operator of the proposed stationary source 

demonstrates that the limitation is not achievable; or 

b. The most stringent emissions limitation that is 

achieved in practice by the class or category of stationary source. This limitation, when applied to a 

modification, means the lowest achievable emissions rate for the new or modified emissions units 

within the stationary source. 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 CO3 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 

PMi p Ozone, Severe 25 

NO, PMI p, Serious 70 

NOX 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 regulated 

NSR pollutant if the source is classified as a Categorical Source, or 250 tons per year or more of any 

regulated 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 shall 

not 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 major 

source, 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 which 

an 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 any 

12-month period in the 120 calendar months following that date if the project involves increasing the 

design capacity or potential to emit of any emissions 

unit 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 particular 

project, 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 

Supp. 12-2 Page 60 June 30, 2012 
ArizonaAdnunistrative Code . Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 emissions 

unit 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 removed 

from the major source, otherwise permanently disabled, or permanently barred from operation by a 

permit that is enforceable as a practical matter. If the 

replaced 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 I μg/m3 5 μg/m3 25 μg/m3 

NO2 1 μg/rn3 

CO 0.5 mg/m3 2 mg/m3 

PMIO 1 μg/m3 5 μg/m3 

PM2 5 0.06 μg/m 0.07 μg/m 

Class I area 

PMz 5 0.3 μg/m 1.2 μg/m 

Class II area 

PMZ 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 ambient 

air 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 an 

amount 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 effective 

November 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 of 

R18-2-403 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 it 

causes 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 of 

any 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 significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the 

projected 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 both 

new 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 

June 30, 2012 Page 61 Supp. 12-2 
Title 18, Ch. 2 Arfzona Adndnistrative Code 

Department of Environmental Quality — Air Pollution Control 

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 of 

the project and that is emitted by any emissions unit identified in subsection (17)(1)(b); and calculate and maintain 

a 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 a 

period of 10 years following resumption of regular operations after the change if the project increases the design 

capacity 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 annual 

emissions 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 amount 

that 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, or 

combination 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 not 

exceed the applicable standards for hazardous air pollutants contained in this Chapter; 

E.

F.

Supp. 12-2 Page 62 June 30, 2012 
ArizonaAdnunistratfve Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 of 

lead 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 a 

permit application shall initially consider only the geographical area located within a 50 kilometer radius from the point of 

greatest 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 written 

notice thereof, specifying the enlarged radius to be so considered. In performing an air impact analysis for any geographical area with a radius of more than 50 kilometers, the person 

applying for the permit or permit revision may use monitoring 

or modeling data obtained from major sources having comparable emissions or having emissions which are capable of 

being accurately used in such demonstration, and which are 

subjected to terrain and atmospheric stability conditions which 

are comparable or which may be extrapolated with reasonable 

accuracy for use in such demonstration. 

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 that 

is 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 of 

which 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 the 

owner 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 between 

construction of the approved phases of a phased construction project; each phase must commence construction 

within 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 renumbered 

without 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 sources 

owned or operated by that person (or any entity controlling, controlled by, or under common control with that 

person) in the state are in compliance with, or 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 make 

a 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 control 

techniques for such new major source or major modifrcation; and 

2. The Director determines that the analysis demonstrates 

that the benefits of the new major source or major modification significantly outweigh the environmental and 

social costs imposed as a result of its location, construction, or modifrcation, 

June 30, 2012 Page 63 Supp. 12-2 
Title 18, Ch. 2 AriZona Adnunistratfve Code 

Department of Environmental Quality — Air Pollution Control 

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 established 

after 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 determining 

the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this 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 in 

calculating 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 operate 

for 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 emit 

only 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 effective 

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

(Supp. 12-2). 

R18-2-404. 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 been 

designated 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 and 

modifications 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 source 

commits 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 for 

the 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-tenn 

supplies 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 the 

emissions 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 or 

curtailed emissions unit, and the emissions reducSupp. 12-2 Page 64 June 30, 2012 
Arizona 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 violation 

of 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 permit 

under 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 sources 

and 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 September 

22, 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, effective 

March 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 Severe 

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or nitrogen oxides in ozone nonattainment areas classified as serious or severe. Unless otherwise 

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

this Chapter apply. 

B. "Significant" means, for the purposes of a major modification 

of any major stationary source of VOC or nitrogen oxides, or 

for determining whether an otherwise minor source is major 

under the definition of major source in R18-2-401, any physical change or change in the method of operations that results in 

net increases in emissions of either pollutant by more than 25 

tons when aggregated with all other creditable increases and 

decreases in emissions from the source over the previous five 

consecutive calendar years, including the calendar year in 

which the increase is proposed. 

C. For any major source that emits or has the potential to emit 

less than 100 tons of VOC or oxides of nitrogen per year, a 

physical or operational change that results in a significant 

increase in VOC or oxides of nitrogen, respectively, from any 

discrete operation, unit, or other pollutant emitting activity at 

the source shall constitute a major modification, except that 

the increase shall not constitute a major modification, if the 

owner or operator of the source elects to offset the increase by 

a greater reduction in emissions of VOC or oxides of nitrogen, 

as applicable, from other operations, units or activities at the 

source at an intemal offset ratio of at least 1.3 to 1. If the 

owner or operator does not make such an election, the change 

shall constitute a major modification but BACT 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 significant 

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

respectively, shall constitute a major modification except that 

if the owner or operator of the source elects to offset the 

increase by a greater reduction in emissions of VOC or oxides 

of nitrogen, as applicable, from other operations, units or 

activities within the source at an internal offset ratio of at least 

1.3 to 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, effective 

September 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. 12-2 
Title 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 and 

R18-2-408 (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 an 

area 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. In 

no event shall such application of BACT result in emissions of any pollutant, which would exceed the emissions 

allowed by any applicable new source performance standard or national emission standard for hazardous air pollutants under Articles 9 and 11 of this Chapter or by the 

applicable implementation plan. If the Director determines that technological or economic limitations on the 

application of ineasurement methodology to a particular 

emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof 

may be prescribed instead to satisfy the requirement for 

the application of BACT. Such standard shall, to the 

degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work 

practice, or operation and shall provide for compliance by 

means which achieve equivalent results. 

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 increases 

or 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 of 

conventional air pollutants in violation of any ambient air quality standard in Article 2 of this Chapter in 

any air quality control region or any applicable maximum allowable increase under R18-2-218 over the 

baseline 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 of 

the significance level for such pollutant in any adjacent area in which Arizona primary or secondary 

ambient air quality standards for that pollutant are 

being violated. A new major source of volatile 

organic compounds 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 new 

major 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 modification 

will not contribute to violations of the Arizona ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a demonstration shall 

include a showing that topographical, meteorological, or other physical factors in the vicinity of the 

new major source or major modification are such 

that transport of 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 applicable 

air 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 that 

pollutant, 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 new 

major 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 in 

calculating 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 the 

owner 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 will 

operate 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 

Supp. 12-2 Page 66 June 30, 2012 
Arfzona Adnrinistrative Code Title 18, Ch. 2 

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 specifically 

defined air quality related values of any Federal Mandatory area designated in R18-2-217(B) regardless of the 

fact 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 proposed 

demonstrates to the Federal Land Manager that the emissions attributable to such major source or major modification will have no significant adverse impact on the 

visibility or other specifically defined air quality-related 

values of such areas and the Federal Land Manager so 

certifies to the Director, the Director may issue a permit 

or permit revision under this Article, notwithstanding the 

fact 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 cause 

increases 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 

PMIC : 

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 established 

after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on 

hours of operation, then the requirements of this Section shall 

apply to the source or modification as though construction had 

not yet commenced on the source or modification. 

Historical Note 

Fonner 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 May 

14, 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 

Requirements 

A. 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 nonmethane 

hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that 

pollutant would cause or contribute to a violation of 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, may 

provide 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. 12-2 
Title 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 an 

existing 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 μgJm3 , annual average; 

c. PM2.5- 4 μg/m3, 24-hour average; 

d. PM lo - 10 μg/m3, 24-hour average; 

e. Sulfur dioxide - 13 μg/m 3 , 24-hour average; 

f. Lead - 0.1 μg/m3, 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 or 

modification and general commercial, residential, industrial, and other growth associated with the new source or 

modification. The applicant need not provide an analysis 

of the impact on vegetation having no significant commercial or recreational value. 

2. An analysis of the air quality impact projected for the 

area 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 effective 

November 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 date 

ecified 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 requirements 

equi 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 the 

specified tim period, or if the approval is ithdrawn in accordance with bsection (C) above, the Dire tor may allow the 

owner or o erator of the source or modifica 'on up to an additional thre years to meet the requirement f r the application 

of 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 this 

Article, 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, 2012 
ArizonaAdnunistrative 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. 12-2 
Title 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 owner 

or 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 the 

PAL 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 a 

PAL 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 during 

the PAL effective period creditable as decreases for purposes of offsets under R18-2-404 unless the level of the 

PAL 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 for 

a 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 baseline 

actual emissions for all existing emissions units. However, a different consecutive 24-month period may be 

used 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 the 

source 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 compliance 

purposes 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 operator 

monitor 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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AriZonaAd nfnistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 for 

a 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 accordance 

with 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 the 

end 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, if 

such 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 allowable 

emissions 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 have 

applied 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 emissions 

units under the PAL (with supporting documentation). 

d. Any other information the owner or operator wishes 

the 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 no 

case 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 the 

source'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 to 

reward 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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Title 18, Ch. 2 ArizonaAdnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

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. Such 

application 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 emissions 

of 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 from 

BACT 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 the 

preceding 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 new 

emissions 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 accurately 

detemlines 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 and 

manipulation. Additionally, the information generated by such system must meet minimum legal 

requirements 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 approaches 

meeting 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 using 

mass 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 contained 

in 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 monitor 

PAL 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 least 

every 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: 

Supp. 12-2 Page 72 June 30, 2012 
Arizona Adnunistrative Code Title 18, Ch..2 

Department of Environmental Quality — Air Pollution Control 

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 shall 

conduct 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 emissions 

unit 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 correlation 

between 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 to 

retain 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 anticipated 

date that the monitoring system will be fully operational or replaced with another monitoring system, 

and whether the emissions unit monitored by the 

monitoring 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 accordance 

with 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. 

June 30, 2012 Page 73 Supp. 12-2 
Title 18, Ch. 2 ArizonaAdnunistrative Code 

Department of Environmental Quality — Air Pollution Control 

" 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 not 

contained 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, and 

demonstrate 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 for 

individual 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 and 

operate 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 amended 

effective 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 operate 

under 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 permit 

application summary form and any relevant portion of the permit application and compliance plan. To the extent possible, 

this information shall be provided in computer-readable format compatible with the Administrator's national database 

management system. 

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; 

Supp. 12-2 Page 74 June 30, 2012 
Arfzona Adnunisirafive Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 to 

its 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 a 

general 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 timely 

application 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) o 

PRACT (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- 

June 30, 2012 Page 75 Supp. 12-2 
Arizona Adndnistrative Code Title 18, Ch. 2 

Department of Environmental Quality — Air Pollution Control 

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 operating 

conditions 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 for 

new 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). Amended 

effective 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 September 

26, 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 that 

would 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 to 

operate 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 general 

permit 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 source 

shall 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 Director 

and 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). Amended 

effective 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). 

June 30, 2012 Page 77 Supp. 12-2 
ArizonaAdnunistratfve Code Title 18, Ch. 2 

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, is 

not 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% of 

total 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 gas 

resulting 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, TRS 

compounds 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 of 

more 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 megawatts 

and 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, effec 

tive 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 aggregate 

and mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphalt 

into 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 stock 

washer 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. 12-2 
Title 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 a 

control 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 inercury 

allowances, 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 or 

kraft 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 (transportation 

equipment), 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 hotwell 

used to concentrate the spent cooking liquid that is separated from the pulp. 

35. "Nameplate capacity" means, starting from the initial 

installation 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 per 

kilowatt-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 for 

burning 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, 2012 
ArfzonaAdministrative 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 n itor. The particulate mass mission test 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 rticulate 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