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;

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).
R18-2-704. Standards of Performance for Incinerators

A. No person shall cause, allow or permit to be emitted into the atmosphere, from any type of incinerator, smoke, fumes, gases, particulate matter or other gasborne material which exceeds 20% opacity except during the times specified in subsection (D).

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any incinerator, in excess of the

following limits:

1. For multiple chamber incinerators, controlled atmosphere incinerators, fume incinerators, afterburners or other unspecified types of incinerators,

emissions shall not exceed 0.1 grain per cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide.

2. For wood waste burners other than air curtain destructors, emissions discharged from the stack or burner top opening shall not exceed 0.2 grain per

cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide.

C. Air curtain destructors shall not be used within 500 feet of the nearest dwelling.

D. Incinerators shall be exempt from the opacity and emission requirements described in subsections (A) and (B) as follows:

1. For multiple chamber incinerators, controlled atmosphere incinerators, fume incinerators, afterburners or other unspecified types of incinerators,

such exemption shall be for not more than 30 seconds in any 60-minute period.

2. Wood waste burners shall be exempt both:

a. For a period once each day for the purpose of building a new fire but not to exceed 60 minutes, and

b. For an upset of operations not to exceed three minutes in any 60-minute period.

E. The owner or operator of any incinerator subject to the provisions of this Section shall record the daily charging rates and hours of operation.

F. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, shall be used to determine compliance with the standards prescribed in subsection (B) as follows:

a. Method 5 for the concentration of particulate matter and the associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis and calculation of excess air, using the integrated sampling technique.

2. For Method 5, the sampling time for each run shall be at least 60 minutes and the minimum sample volume shall be 0.85 dscm (30.0 dscf) except that

smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the Director.

Historical Note

Former Section R18-2-704 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-704 renumbered from R18-2-504 effective

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2).