R18-2-606. Material Handling No person shall cause, suffer, allow or permit crushing, screening, handling, transporting or conveying of materials or other operations likely to result in significant amounts of airborne dust without taking reasonable precautions, such as the use of spray bars, wetting agents, dust suppressants, covering the load, and hoods to prevent excessive amounts of particulate matter from becoming airborne.

Historical Note Section R18-2-606 renumbered from R18-2-406 effective November 15, 1993 (Supp. 93-4).R18

- 2

- 406. Permit Requirements for Sources Located in Attainment and Unclassifiable

Areas A. Except as provide d 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
ap plies 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 m ay 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, inclu ding 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 applicab le 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 app lication of measurement 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 requ irement 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

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- 218(A), and including minor and mobile source emissions of nitrogen oxides and PM10: 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

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- 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

w hich Arizona primary or secondary ambient air quality standards for that pollutant arebeing 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 modifi cation 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 f

or 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 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 oppo rtunity 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 part icular 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 thi s 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 emissio ns of the source or modification, and the source 1980 does not belong to a section 302(j) category. D. 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 sourc e 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 area where an applicable increment is known to be violated, and reasonable notice is given to the Director prior to the relocation identifyin g 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 ormajo r 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

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- 217(B) regardless of the fact that the change in air quality resulting from emi ssions 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

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- 218. If the Director concurs with such demonstrati ons, 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 attributable to such new major source or major modification will cause or contribute to concentrations which exceed the maximum a llowable 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 incr eases 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.Histori cal Note

Former Section R9

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- 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

- 4 06 (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).