R18-2-608. Mineral Tailings

No person shall cause, suffer, allow, permit construction of, or otherwise own or operate, mineral 

tailing piles without taking reasonable precautions to prevent excessive amounts of particulate 

matter from becoming airborne. Reasonable precautions shall mean wetting, chemical 

stabilization, revegetation or such other measures as are approved by the Director.

Historical Note

Section R18-2-608 renumbered from R18-2-408, new Section R18-2-408 adopted effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 228, 

effective March 7, 2009 (Supp. 09-1).

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 permit 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).