Douglas A. Ducey 

Governor 

February 23, 2015 

ARIZONA DEPARTMENT 

OF 

ENVIRONMENTAL QUALITY 

Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region IX 

Mail Code ORA-1 

75 Hawthorne Street 

San Francisco, CA 94105 

Henry R. Darwin 

Director 

RE: Third Submission of Supplemental Information to the 2012 New Source Review State 

Implementation Plan Submission 

:r~ Dear M~nfeld: 

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 following supplemental information for the "State 

Implementation Plan - New Source Review" submitted on October 29, 2012 (NSR SIP). ADEQ 

submitted previous supplements to the NSR SIP on September 6, 2013 and July 2, 2014. 

Delay in Action on R18-2-101(20), "Begin Actual Construction" Definition 

Based on conversations between EPA and ADEQ staff, ADEQ understands that EPA believes the 

definition of "begin actual construction" in R18-2-101(20) is not consistent with EPA's definition 

of that term as interpreted by the agency. In addition, EPA has indicated that the definition 

does not qualify for partial disapproval, because it is not "separable" from the remaining rules, 

and that it is not appropriate for limited approval/limited disapproval. 1 

In order to provide time to continue discussions with EPA regarding this issue and to avoid 

unnecessary delay in EPA action on the NSR SIP, ADEQ requests that EPA not act on the "begin 

actual construction" definition at this time. Please note that ADEQ does not necessarily agree 

with EPA's determination that the definition is not approvable and reserves the right to 

comment on and challenge any later EPA disapproval of the definition. 

1 SIP provisions are only "separable" if "disapproval of a provision will not affect the stringency of other portions of 

the SIP." 57 Fed. Reg. 13498, (General Preamble). 

Main Office 

1110 W. Washington Street • Phoenix, AZ 85007 

(602) 771-2300 

Southern Regional Office 

400 W. Congress Street• Suite 433 • Tucson, AZ 85701 

(520) 628-6733 

www.azdeq.gov 

printed on recycled paper 
Page 2of8 

Public Process for Proposed Final Permits 

ADEQ's revised NSR rules allow an applicant for a Class I permit or Class I permit revision to 

begin actual construction, but not operation, of a source or modification on receipt of a 

"proposed final permit." In effect, under the revised rules, a proposed final permit is treated as 

a final authorization to construct. 

EPA has inquired as to whether the issuance of a proposed final permit constitutes a final, 

challengeable action under PSD/NSR. As discussed in the attached guidance memorandum, 

issuance of a proposed final Class I permit or permit revision constitutes an "appealable agency 

action" under Arizona administrative law and therefore may be the subject of an administrative 

appeal. An interested party would not have to wait for completion of EPA review and issuance 

of the final permit to file an appeal. 

Retention of Rules Not Replaced in SIP 

ADEQ wishes to clarify that the Department is seeking removal of the existing elements of the 

NSR SIP identified in column 2 of Table 2-1 of the NSR SIP, as updated below, only where EPA 

approves a replacement element into the SIP. 

Specifically, as noted above, EPA has indicated that it cannot approve R18-2-101(20) as a 

replacement for the definition of begin actual construction in SIP rule R9-3-101(20), and we 

have requested that EPA not take action on R18-2-101(20) at this time. ADEQ therefore 

requests that SIP rule R9-3-101(20) be retained in the SIP until EPA does approve a replacement 

definition. 

In addition, EPA has determined that the NSR SIP does not include replacements for the 

following necessary SIP elements: 

R9-3-301(1) 

R9-3-301(K) 

R9-3-304(H) 

requirement for a preliminary determination 

degree of increment consumption 

visibility requirements 

ADEQ therefore requests that EPA not remove these provisions from the SIP. 

Submission of A.R.S. § 49-107, Local delegation of state authority 

In the July 2, 2014 supplement, ADEQ relied on A.R.S. § 49-107 as part of its identification, 

pursuant to 40 C.F.R. § 51.162, of "the State or local agency which will be responsible for 

meeting the requirements of (40 C.F.R. Part 51, Subpart I, 'Review of New Sources and 

Modifications'] in each area of the State." A copy of that statute is included in this submission. 
Page 3of8 

Submission of A.A.C. R18-2-334, Minor New Source Review 

As the Notice of Final Rulemaking (NFRM) included as Appendix A to the NSR SIP makes clear, 

A.A.C. R18-2-334 was specifically included in the NFRM to comply with the minor NSR 

requirements of the Clean Air Act. That rule, however, was inadvertently omitted from Table 2-

1 of the NSR SIP, and as a result, the September 6, 2013 submission of "clean" versions of the 

proposed SIP rules did not include R18-2-334. 

A copy of the clean version of A.A.C. R18-2-334 is included with the submission, and the revised 

version of Table 2-1 provided below includes a correction of this error. 

Revised Table 2-1 

The following is a revised version of Table 2-1 of the NSR SIP, as updated in the July 2, 2014 

supplement, reflecting the changes discussed above. 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. 

As·noted above, ADEQ requests removal of the rules, or separable portions thereof, identified 

in the second column of the table only where EPA approves a replacement element of that 

portion of the program into the SIP. 

Rules to Be Added to and Replaced in the SIP 

Rule or Statute Added SIP Rule(s) Replaced Amended 

byNFRM 

A.R.S. § 49-402. State and county A.R.S. § 36-1706. State and No 

control county control 

7-1-8.1 (R9-3-801) Original State 

Jurisdiction 

7-1-8.2 {R9-3-802) Assertions of 

Jurisdiction 

R9-3-1101. Jurisdiction 

A.R.S. § 49-107. Local delegation of 7-1-8.3 (R9-3-803) Delegation of No 

authority authority 
Page 4of8 

Rule or Statute Added SIP Rule(s) Replaced Amended 

byNFRM 

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, except R9-3- Yes 

Delay action on R18-2-101{20) 101(20) 

"begin actual construction" 

(Also replaced by R18-2-301, R18-

2-401 and R18-2-701) 

RlB-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 

PMlO 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 R9-3-204. Ozone Yes 

standard and 8-hour averaged R9-3-218. Violations 

standard 

R18-2-205. Nitrogen oxides R9-3-206. Nitrogen Dioxide Yes 

(nitrogen 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 Unclassifiable Classification and Standards 

Area Designations (subsection A) 

R18-2-215. Ambient air quality R9-3-215 No 

monitoring methods and 

procedures 

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 Pollutants R9-3-217. Attainment Areas: Yes 

in Classified Attainment Areas Classification and Standards 

(subsection B) 
Page 5of8 

Rule or Statute Added SIP Rule( s) Replaced Amended 

byNFRM 

R18-2-301. Definitions R9-3-101. Definitions, except R9-3- Yes 

101(20) 

(Also replaced by R18-2-301, R18-

2-401 and R18-2-701) 

RlB-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} 

RlB-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 

RlB-2-304. Permit Application R9-3-301. Installation Permits: Yes 

Processing Procedures General (subsections E, fy 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} 

RlB-2-306. Permit Contents R9-3-301. Installation Permits: No 

General (subsections C, D, G, H} 

R9-3-306. Operating Permits 

(subsections 8, G} 

R9-3-308. Permit Conditions 

RlB-2-310.01. Reporting R9-3-314. Excess Emissions Yes 

Requirements Reporting (amending 

SIP-approved 

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 

RlB-2-315. Posting of Permit R9-3-315. Posting of Permits No 
Page 6 of 8 

Rule or Statute Added SIP Rule(s) Replaced Amended 

byNFRM 

RlB-2-316. Notice by Building R9-3-316. Notice by Building No 

Permit Agencies Permit Agencies 

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

General, except R9-3-301{1), (K) 

RlB-2-320. Significant Permit R9-3-301. Installation Permits: Yes 

Revisions General, except R9-3-301{1), (K) 

RlB-2-321. Permit Reopenings; R9-3-318. Denial or revocation of Yes 

Revocation and Reissuance; installation or operating permit 

Termination (subsection B, C) 

RlB-2-323. Permit Transfers R9-3-317. Permit Non- No 

transferrable; Exception 

RlB-2-330. Public Participation R9-3-301. Installation Permits: Yes 

General (subsections J and L} 

R18-2-332. Stack Height Limitation None No 

R18-2-334. Minor New Source None Yes 

Review 

R18-2-401. Definitions R9-3-101. Definitions, except R9-3- Yes 

101(20) 

(Also 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 Attainment Areas, except R9-3-

and Unclassifiable Areas 304{H) 

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 
Page 7of8 

Rule or Statute Added SIP Rule(s) Replaced Amended 

bvNFRM 

R18-2-412. PALs None Yes 

RlB-2-502. General Permit None Yes 

Development 

RlB-2-503. Application for None Yes 

Coverage under General Permit 

RlB-2-504. Public Notice None No 

RlB-2-505. General Permit None Yes 

Renewal 

RlB-2-512. Changes to Facilities None Yes 

Granted Coverage under General 

Permits 

RlB-2-513. Portable Sources None Yes 

Covered under a General Permit 

R18-2-701. Definitions R9-3-101. Definitions, except R9-3- Yes 

101(20) 

(Also replaced by R18-2-301, R18-

2-401 and R18-2-701) 

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. 

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. 
Page 8of8 

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

Sincerely, 

assey 

Dir tor, Air Quality Division 

EM:sbS 

Enclosures (4) 

cc {via email): Colleen McKaughan, EPA Region IX 

Lisa Beckham, EPA Region IX 

Gerardo Rios, EPA Region IX 





Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

September 30, 2013 Page 1 Supp. 13-3

TITLE 18. ENVIRONMENTAL QUALITY

CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR POLLUTION CONTROL

ARTICLE 1. GENERAL

Article 1 consisting of Section R9-3-101 renumbered as Article

1, Section 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 R18-2-

290, adopted effective August 8, 1991 (Supp. 91-3).

Article 2, consisting of Sections R18-2-201 through R18-2-

220, repealed effective 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: PM10 and PM2.5

R18-2-202. Sulfur Oxide (Sulfur Dioxide)

R18-2-203. Ozone: One-hour Standard and Eight-hour Average

Standard

R18-2-204. Carbon monoxide

R18-2-205. Nitrogen Oxides (Nitrogen Dioxide)

R18-2-206. Lead

R18-2-207. Renumbered

R18-2-208. Reserved

R18-2-209. Reserved

R18-2-210. Attainment, Nonattainment, and Unclassifiable Area

Designations

R18-2-211. Reserved

R18-2-212. Reserved

R18-2-213. Reserved

R18-2-214. Reserved

R18-2-215. Ambient air quality monitoring methods and procedures

R18-2-216. Interpretation of Ambient Air Quality Standards and

Evaluation of Air Quality Data

R18-2-217. Designation and Classification of Attainment Areas

R18-2-218. Limitation of Pollutants in Classified Attainment

Areas

R18-2-219. Repealed

R18-2-220. Air pollution emergency episodes

ARTICLE 3. PERMITS AND PERMIT REVISIONS

Article 3, consisting of Sections R9-3-301 through R9-3-332,

adopted effective November 15, 1993 (Supp. 93-4).

Article 3, consisting of Sections R9-3-301 through R9-3-319,

and R9-3-321 through R9-3-323 repealed effective November 15,

1993 (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; Certification

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

Malfunctions, Startup, and Shutdown

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. Conditional Orders

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).
Supp. 13-3 Page 2 September 30, 2013

Title 18, Ch. 2 Arizona Administrative 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 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).

Article 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. 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 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, Sections 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 PM10 General Permit for Crop Operations; PM10 Nonattainment Areas

R18-2-611. Definitions for R18-2-2-611.01

R18-2-611.01. Animal Operations PM10 General Permit; Moderate

and Serious PM10 Nonattainment Areas Except

Yuma County

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

R18-2-613. Yuma PM10 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

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 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
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

September 30, 2013 Page 3 Supp. 13-3

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

R18-2-715.01. Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring

R18-2-715.02. Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions

R18-2-716. Standards of Performance 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 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 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 through 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 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, renumbered 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 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 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 
Supp. 13-3 Page 4 September 30, 2013

Title 18, Ch. 2 Arizona Administrative 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 of Inspectors 

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 1 through 11 renumbered as Article 11, Sections R18-2-

1101, R18-2-1102, and Appendices 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 through R18-2-

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. EXPIRED

Article 13, consisting of Sections R18-2-1301 through R18-2-

1307, rules expired under A.R.S. § 41-1056(J), effective April 30,

2013 (Supp. 13-3).

Article 13, consisting of Sections R18-2-1301 through R18-2-

1307, made by final rulemaking at 9 A.A.R. 1295, effective April 2,

2003 (Supp. 03-2).

Section

R18-2-1301. Expired

R18-2-1302. Expired

R18-2-1303. Expired

R18-2-1304. Expired

R18-2-1305. Expired

R18-2-1306. Expired

R18-2-1307. Expired

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

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. 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 PM10

Violations (Hot Spots)

R18-2-1417. Criteria and Procedures: Compliance with PM10

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)
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

September 30, 2013 Page 5 Supp. 13-3

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 PM10 and NO2 areas (Transportation Plan)

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

for PM10 and NO2 areas (TIP)

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

for PM10 and NO2 areas (Project Not from a Plan

and TIP)

R18-2-1428. Transition from the Interim Period to the Control

Strategy Period

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

by Recipients of Funds Designated under 23 U.S.C.

or the Federal Transit Act

R18-2-1430. Procedures for Determining Regional Transportation-related Emissions

R18-2-1431. Procedures for Determining Localized CO and

PM10 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 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. Expired

R18-2-1611. Expired

R18-2-1612. Expired

R18-2-1613. Expired

ARTICLE 17. ARIZONA STATE HAZARDOUS AIR 

POLLUTANTS PROGRAM

Article 17, consisting of Sections 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, 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 Emissions

 Appendix 9. A9. Monitoring Requirements

 Appendix 10. Repealed

 Appendix 11. Repealed

 Appendix 12.A12. Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants

 Appendix 13.Repealed
Supp. 13-3 Page 56 September 30, 2013

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

section (B)(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 (B)(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 (B)(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

(B)(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.

D. 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.

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 10 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 II 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.
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

September 30, 2013 Page 57 Supp. 13-3

a. In the case of a new source, the owner or operator

shall implement RACT for each emissions unit that

has the potential to emit a regulated minor NSR pollutant in an amount equal to or greater than 20% of

the permitting exemption threshold.

b. In the case of a minor NSR modification, the owner

or operator shall implement RACT for each emissions unit that will experience an increase in the

potential to emit a regulated minor NSR pollutant

equal to or greater than 20% of the permitting

exemption threshold.

c. When it is technically feasible and otherwise consistent with the definition of RACT to apply the same

devices, systems, process modifications, work practices or other apparatus or techniques to a group of

emissions units, that group of emissions units shall

be treated as a single emissions unit for purposes of

subsections (C)(1)(a) and (b). The following are

examples of situations to which this subsection may

apply:

i. Emissions from a group of emissions units can

be vented to a single control device.

ii. A low-VOC coating can be used in several

spray-painting booths.

2. An ambient air quality assessment demonstrates that

emissions from the source or minor NSR modification

will not interfere with attainment or maintenance of a

standard imposed in Article 2 of this Chapter.

a. An owner or operator may elect to have the Director

perform a SCREEN model of its emissions. If the

results of the SCREEN model indicate that the

source or minor NSR modification will interfere

with attainment or maintenance of a standard

imposed in Article 2 of this Chapter, the owner or

operator may perform a more refined model to make

the demonstration required by this subsection.

b. The requirements of this subsection shall be satisfied, if the results of the SCREEN or more refined

modeling conducted pursuant to subsection

(B)(2)(a) demonstrate either of the following:

i. Ambient concentrations resulting from emissions from the source or modification combined with existing concentrations of regulated

minor NSR pollutants will not cause or exacerbate the violation of a standard imposed in Article 2 of this Chapter.

ii. Emissions from the source or minor modification will have an ambient impact below the significance levels as defined in R18-2-401.

c. The assessment required by this subsection shall

take into account any limitations, controls or emissions decreases that are or will be enforceable in the

permit or permit revision for the source.

D. RACT Determinations.

1. Except as otherwise provided in this subsection, the

Director shall determine RACT on the basis of a case-bycase analysis performed by the permit applicant of the

emission reduction methods available for each emission

unit subject to the RACT requirement under subsection

(C)(1).

2. The Director shall accept a requirement proposed by a

permit applicant as RACT under subsection (C)(1) if it

complies with the most recently adopted of the following

guidelines or standards in effect at the time of the application:

a. A control technique guideline issued by the Administrator under section 108(f)(1) of the Act.

b. An emissions standard established or revised by the

Administrator for the same type of source under section 111 or 112 of the Act after November 15, 1990.

c. An applicable requirement of this Chapter or of air

quality control regulations adopted by a County

under A.R.S. § 49-479 that has been specifically

identified as constituting RACT.

d. A RACT standard imposed on the same type of

source by a general permit.

e. A RACT standard imposed on the same type of

source under this Section no more than 10 years

before submission of the application by the permit

applicant. To facilitate identification of previously

imposed RACT standards, the Director shall establish an online database of RACT determinations

made under this Section.

E. Notwithstanding an election to adopt RACT under subsection

(C)(1), a permit applicant subject to this Section shall conduct

an ambient air quality impact assessment under subsection

(C)(2) upon the Director’s request. The Director shall make

such a request, if there is reason to believe that a source or

minor NSR modification could interfere with attainment or

maintenance of a standard imposed in Article 2 of this Chapter. In making that determination, the Director shall take into

consideration:

1. The source’s emission rates.

2. The location of emission units within the facility and their

proximity to the ambient air.

3. The terrain in which the source is or will be located.

4. The source type.

5. The location and emissions of nearby sources.

6. Background concentrations of regulated minor NSR pollutants.

F. The Director shall deny an application for a Class I permit or

permit revision or a Class II permit or permit revision subject

to this Section, if an assessment conducted pursuant to subsection (C)(2) demonstrates that the source or modification will

interfere with attainment or maintenance of a standard

imposed in Article 2 of this Chapter.

G. An application for a permit or permit revision subject to this

Section may be processed as a minor permit revision if one of

the following conditions is satisfied for each pollutant subject

to subsection (C):

1. A RACT standard is imposed under subsection (D)(2) on

each emissions unit that requires such a standard under

subsection (C)(1).

2. The results of the SCREEN model for a regulated minor

NSR pollutant show expected concentrations, including

background concentrations, that are less than 75% of the

applicable standard imposed in Article 2 of this Chapter.

H. A copy of the notice required by R18-2-330 for permits or significant permit revisions subject to this Section must also be

sent to the Administrator through the appropriate regional

office, and to all other state and local air pollution control

agencies having jurisdiction in the region in which the source

subject to the permit or permit revision will be located. The

notice also must be sent to any other agency in the region having responsibility for implementing the procedures required

under this subpart.

I. All modeling required pursuant to this Section shall be conducted in accordance with 40 CFR 51, Appendix W.

J. The Director shall specify those conditions in the permit that

are implemented pursuant to this Section. The specified condi-
Supp. 13-3 Page 58 September 30, 2013

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

tions shall be included in subsequent permit renewals unless

modified pursuant to this Section or Article 4 of this Chapter.

K. The issuance of a permit or permit revision under 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.

L. 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

New Section made by final rulemaking at 18 A.A.R. 

1542, effective August 7, 2012 (Supp. 12-2).

ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR 

SOURCES AND MAJOR MODIFICATIONS TO EXISTING 

MAJOR SOURCES

R18-2-401. Definitions

The following definitions apply to this Article:

1. “Adverse impact on visibility” means visibility impairment that interferes with the management, protection,

preservation, or enjoyment of the visitor’s visual experience of a Class I area, as determined according to R18-2-

410.

2. “Baseline actual emissions” means the rate of emissions,

in tons per year, of a regulated NSR pollutant, as determined in accordance with subsections (2)(a) through (c).

a. For any existing electric utility steam generating

unit, baseline actual emissions means the average

rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month

period selected by the owner or operator within the

five-year period immediately preceding when the

owner or operator begins actual construction of the

project. The Director shall allow the use of a different time period upon a determination that it is more

representative of normal source operation.

i. The average rate shall include fugitive emissions to the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

ii. The average rate shall be adjusted downward to

exclude any non-compliant emissions that

occurred while the source was operating above

any emission limitation that was legally

enforceable during the consecutive 24-month

period.

iii. For a regulated NSR pollutant, when a project

involves multiple emissions units, only one

consecutive 24-month period must be used to

determine the baseline actual emissions for the

emissions units being changed. A different consecutive 24-month period can be used for each

regulated NSR pollutant.

iv. The average rate shall not be based on any consecutive 24-month period for which there is

inadequate information for determining annual

emissions, in tons per year, and for adjusting

this amount if required by subsection (2)(a)(ii).

b. For any existing emissions unit (other than an electric utility steam generating unit), baseline actual

emissions means the average rate, in tons per year, at

which the unit actually emitted the pollutant during

any consecutive 24-month period selected by the

owner or operator within the 10-year period immediately preceding either the date the owner or operator

begins actual construction of the project, or the date

a complete permit application is received by the

Administrator for a permit required under 40 CFR

52.21 or by the Director for a permit required under

the state implementation plan, whichever is earlier,

except that the 10-year period shall not include any

period earlier than November 15, 1990.

i. The average rate shall include fugitive emissions to the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

ii. The average rate shall be adjusted downward to

exclude any non-compliant emissions that

occurred while the source was operating above

any emission limitation that was legally

enforceable during the consecutive 24-month

period. This provision applies to excess emissions associated with a malfunction.

iii. The average rate shall be adjusted downward to

exclude any emissions that would have

exceeded an emission limitation with which the

major source must currently comply, had such

major source been required to comply with

such limitations during the consecutive 24-

month period. However, if an emission limitation is part of a maximum achievable control

technology standard that the Administrator proposed or promulgated under 40 CFR 63, the

baseline actual emissions need only be adjusted

if the state of Arizona has taken credit for such

emissions reductions in an attainment demonstration or maintenance plan submitted to the

Administrator pursuant to section 110(a)(1) of

the Act.

iv. For a regulated NSR pollutant, when a project

involves multiple emissions units, only one

consecutive 24-month period must be used to

determine the baseline actual emissions for all

existing emissions units affected by the project.

A different consecutive 24-month period may

be used for each regulated NSR pollutant.

v. The average rate shall not be based on any consecutive 24-month period for which there is

inadequate information for determining annual

emissions, in tons per year, and for adjusting

this amount if required by subsection (2)(b)(ii)

or (iii).

c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions

increase that will result from the initial construction

and operation of such unit shall equal zero; and

thereafter, for all other purposes, shall equal the

unit’s potential to emit.

d. For a PAL for a stationary source, the baseline actual

emissions shall be calculated for existing electric

utility steam generating units in accordance with the

procedures in subsection (2)(a), for other existing

emissions units in accordance with the procedures

contained in subsection (2)(b), and for new emissions units in accordance with the procedures contained in subsection (2)(c).

3. “Basic design parameter” means:

a. Except as provided in subsection (3)(c), for a process unit at a steam electric generating facility, the

owner or operator may select as its basic design

parameters either maximum hourly heat input and

maximum hourly fuel consumption rate or maxi-