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 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 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 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 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 R18-2-218 

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 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.

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 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 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 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 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 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).