Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 1 Supp. 12-1 TITLE 18. EVIROMETAL QUALITY

CHAPTER 2. DEPARTMET OF EVIROMETAL QUALITY

AIR POLLUTIO COTROL

ARTICLE 1. GEERAL

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. AMBIET AIR QUALITY STADARDS; AREA DESIGATIOS; CLASSIFICATIOS

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Article 2, consisting of Sections R18-2-201 through R18-2- 220, repealed effective August 8, 1991 (Supp. 91-3)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 ren umbered 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: PM 10 and PM 2.5 R18-2-202. Sulfur oxides (sulfur dioxide) R18-2-203. Ozone: 1-hour standard and 8-hour average d standard

R18-2-204. Carbon monoxide R18-2-205. Nitrogen dioxide
R18-2-206. Lead

R18-2-207. Renumbered
R18-2-208. Reserved
R18-2-209. Reserved R18-2-210. Attainment, Nonattainment, and Unclassifi able 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 an d procedures R18-2-216. Interpretation of Ambient Air Quality Standards and

Evaluation of Air Quality Data R18-2-217. Designation and Classification of Attainm ent Areas
R18-2-218. Limitation of Pollutants in Classified Attainment

Areas
R18-2-219. Violations R18-2-220. Air pollution emergency episodes

ARTICLE 3. PERMITS AD PERMIT REVISIOS

Article 3, consisting of Sections R9-3-301 through R9-3-332, adopted effective &ovember 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Article 3, consisting of Sections R9-3-301 through R9-3-319, and R9-3-321 through R9-3-323 repealed effective &o vember 15, 1993 (Supp. 93-4).

Article 3 consisting of Sections R9-3-301 through R 9-3-319 and R9-3-321 through R9-3-323 renumbered as Article3, Sections R18-2-301 through R18-2-319 and R18-2-321 through R 18-2-323 (Supp. 87-3).

Section

R18-2-301. Definitions R18-2-302. Applicability; Classes of Permits R18-2-302.01. Repealed R18-2-303. Transition from Installation and Operatin g Permit Program to Unitary Permit Program 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 Accepte d Emission

Limitations and Standards R18-2-306.02. Establishment of an Emissions Cap R18-2-307. Permit Review by the EPA and Affected Sta tes 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 R evisions

- 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 C lass 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 t o 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 Conditio ns 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

ARTICLE 4. PERMIT REQUIREMETS FOR EW MAJOR

SOURCES AD MAJOR MODIFICATIOS TO EXISTIG

MAJOR SOURCES

Article 4, consisting of Sections R18-2-401 through R18-2- 411, adopted effective &ovember 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 th rough R18-2- 610 (Supp. 93-4).

Article 4 consisting of Sections R9-3-401 through R 9-3-410 renumbered as Article 4, Sections R18-2-401 through R18-2-410 (Supp. 87-3).Supp. 12-1 Page 2 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Section
R18-2-401. Definitions

R18-2-402. General
R18-2-403. Permits for Sources Located in Nonattainm ent Areas R18-2-404. Offset and Net Air Quality Benefit Standards R18-2-405. Special Rule for Major Sources of VOC or Oxides

of Nitrogen in Ozone Nonattainment Areas Classified as Serious or Severe R18-2-406. Permit Requirements for Sources Located i n Attainment and Unclassifiable Areas R18-2-407. Air Quality Impact Analysis and Monitorin g

Requirements R18-2-408. Innovative Control Technology R18-2-409. Air Quality Models R18-2-410. Visibility Protection R18-2-411. Special Rule for Non-operating Sources of Sulfur
Dioxide in Sulfur Dioxide Nonattainment Areas

ARTICLE 5. GEERAL PERMITS

Article 5, consisting of Sections R18-2-501 through R18-2- 510, adopted effective &ovember 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 th rough R18-2- 730 (Supp. 93-4).

Article 5 consisting of Sections R9-3-501 through R 9-3-529 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 Pe rmit
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 Revoc ations of

Authority to Operate Under a General Permit
R18-2-511. Fees Related to General Permits
R18-2-512. Renumbered

R18-2-513. Renumbered
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. EMISSIOS FROM EXISTIG AD EW

OPOIT 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 th rough R18-2- 805 (Supp. 93-4).

Article 6 consisting of Sections R9-3-601 through R 9-3-605 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 PM 10 General Permit for Crop Operations; PM 10 Nonattainment Areas

R18-2-611. Definitions for R18-2-2-611.01 R18-2-611.01. Animal Operations PM 10 General Permit; Moderate

and Serious PM 10Nonattainment Areas Except Yuma County
R18-2-612. Definitions for R18-2-613

R18-2-613. Yuma PM 10 Nonattainment Area; Agricultural Best

Management Practices R18-2-614. Evaluation of Nonpoint Source Emissions

ARTICLE 7. EXISTIG STATIOARY SOURCE

PERFORMACE STADARDS

Article 7 consisting of Sections R18-2-701 through R18-2-730 renumbered from Article 5, Sections R18-2-501 throu gh 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 R 9-3-709 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 Fos sil-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 Sul furic Acid

Plants R18-2-708. Standards of Performance for Existing Asp halt Concrete Plants R18-2-709. Standards of Performance for Existing Petroleum

Refineries R18-2-710. Standards of Performance for Existing Sto rage Vessels for Petroleum LiquidsArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 3 Supp. 12-1 R18-2-711. Standards of Performance for Existing Sec ondary

Lead Smelters R18-2-712. Standards of Performance for Existing Sec ondary

Brass and Bronze Ingot Production Plants R18-2-713. Standards of Performance for Existing Iro n and

Steel Plants R18-2-714. Standards of Performance for Existing Sew age

Treatment Plants R18-2-715. Standards of Performance for Existing Pri mary 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 Coa l 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 Sta tionary

Rotating Machinery R18-2-720. Standards of Performance for Existing Lim e Manufacturing Plants R18-2-721. Standards of Performance for Existing Non ferrous

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 Con crete

Batch Plants

R18-2-724. Standards of Performance for Fossil-fuel Fired

Industrial and Commercial Equipment R18-2-725. Standards of Performance for Existing DryCleaning

Plants R18-2-726. Standards of Performance for SandblastingOperations R18-2-727. Standards of Performance for Spray Painti ng Operations R18-2-728. Standards of Performance for Existing Amm onium

Sulfide Manufacturing Plants
R18-2-729. Standards of Performance for Cotton Gins
R18-3-730. Standards of Performance for UnclassifiedSources R18-2-731. Standards of Performance for Existing Mun icipal

Solid Waste Landfills R18-2-732. Standards of Performance for Existing Hos pital/

Medical/Infectious Waste Incinerators R18-2-733. Incorporation of Federal Standards of Per formance

for Mercury Emissions from Coal-Fired Electric Steam Generating Units R18-2-733.01. Additional Mercury Allowance Acquisiti on

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. EMISSIOS FROM MOBILE SOURCES (EW

AD EXISTIG)

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 th rough 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 th rough R9- 3-829, R9-3-831, R9-3-832, R9-3-835 through R9-3-83 8, R9-3-840 through R9-3-848, and R9-3-857 through R9-3-859 rep ealed 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. EW SOURCE PERFORMACE STADARDS

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, R 9-3-903 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 Stationa ry

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 Vess els 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; ISPECTIOS AD

MAITEACE

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 renumb ered as Article 10, Sections R18-2-1001, R18-2-1003 through R18-2-1013, R18-2-1016 through R18-2-1019, R18-2-1022, R18-2-10 23, and R18-2-1025 through R18-2-1031 effective August 1, 1 988.

Section
R18-2-1001. Definitions

R18-2-1002. ReservedSupp. 12-1 Page 4 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

R18-2-1003. Vehicles to be Inspected by the Mandator y 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 Req uirements R18-2-1008. Procedure for Issuing Certificates of Wa iver 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; IssuingAlternative

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-Stat e 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 Ana lyzers 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 E fficiency of

a Catalytic Converter Table 1. Dynamometer Loading Table - Annual Tests
Table 2. Emissions Standards - Annual Tests

Table 3. Emissions Standards - Transient Loaded Em issions

Tests Table 4. Transient Driving Cycle

Table 5. Tolerances Table 6. Repealed

ARTICLE 11. FEDERAL HAZARDOUS AIR POLLUTATS

Article 11, consisting of Sections R18-2-1101 and R 18-2-1102 adopted effective &ovember 15, 1993 (Supp. 93-4).

Article 11 consisting of Sections R18-2-1101 and R1 8-2-1102 repealed effective September 26, 1990 (Supp. 90-3).

Article 11 consisting of Sections R9-3-1101, R9-3-1 102, and Appendices 1 through 11 renumbered as Article 11, S ections R18-2- 1101, R18-2-1102, and Appendices 1 through 11 (Supp . 87-3).

Section

R18-2-1101. National Emission Standards for Hazardou s Air Pollutants (NESHAPs)
R18-2-1102. General Provisions

ARTICLE 12. EMISSIOS BAK

Article 12, consisting of Sections R18-2-1201 throu gh R18-2- 1208, made by final rulemaking at 8 A.A.R. 1815, ef fective 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. DIESEL COVERSIO GRAT PROGRAM

Article 13, consisting of Sections R18-2-1301 throu gh R18-2- 1307, made by final rulemaking at 9 A.A.R. 1295, ef fective April 2, 2003 (Supp. 03-2).

Section
R18-2-1301. Definitions

R18-2-1302. Available Funds R18-2-1303. Eligibility R18-2-1304. Application Process R18-2-1305. Application Priority List

R18-2-1306. Grant Amount
R18-2-1307. Review of Grant Determination

ARTICLE 14. COFORMITY DETERMIATIOS

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 Pl ans 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 Emission s 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 Confo rming

Transportation Plan and TIP R18-2-1415. Criteria and Procedures: Projects from a Plan and

TIP
R18-2-1416. Criteria and Procedures: Localized CO an d PM 10

Violations (Hot Spots) R18-2-1417. Criteria and Procedures: Compliance withPM 10

Control Measures
R18-2-1418. Criteria and Procedures: Motor Vehicle E missions

Budget (Transportation Plan)
R18-2-1419. Criteria and Procedures: Motor Vehicle E missions

Budget (TIP)

R18-2-1420. Criteria and Procedures: Motor Vehicle E missions

Budget (Project Not from a Plan and TIP)
R18-2-1421. Criteria and Procedures: Localized CO Vi olations

(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)

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 PM 10 and NO 2 areas (Transportation Plan)Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 5 Supp. 12-1 R18-2-1426. Criteria and Procedures: Interim Period Reductions

for PM 10 and NO 2 areas (TIP)

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

for PM 10 and NO 2 areas (Project Not from a Plan and TIP)

R18-2-1428. Transition from the Interim Period to th e 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 Tran sportation-related Emissions R18-2-1431. Procedures for Determining Localized CO and

PM 10 Concentrations (Hot-spot Analysis) R18-2-1432. Using the Motor Vehicle Emissions Budgetin the

Applicable Implementation Plan or Implementation
Plan Submission R18-2-1433. Enforceability of Design Concept and Sco pe 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 Are as 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 AD RAGE MAAGEMET

BURS

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 Authorizati on 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 Tr ansfers

ARTICLE 16. VISIBILITY; REGIOAL HAZE

Article 16, consisting of Sections R18-2-1601 throu gh 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. SO 2 Milestones and Backstop Trading Program;

Definitions R18-2-1611. Applicability R18-2-1612. Pre-trigger Monitoring, Recordkeeping, and Reporting R18-2-1613. Western Backstop SO 2 Trading Program Trigger

ARTICLE 17. ARIZOA STATE HAZARDOUS AIR

POLLUTATS PROGRAM

Article 17, consisting of Sections R18-2-1701 throu gh R18-2- 1709, made by final rulemaking at 12 A.A.R.1953, ef fective 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 throu gh 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 throu gh R18-2- 1812 and Appendix 13, made by final rulemaking at 1 4 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 F iling

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 Ambie nt Air Concentrations for Hazardous Air Pollutants Appendix 13.RepealedSupp. 12-1 Page 6 March 31, 2012

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ARTICLE 1. GEERAL

R18-2-101. Definitions In addition to the definitions prescribed in A.R.S. §§ 49-101, 49- 401.01, 49-421, 49-471, and 49-541, in this Chapter, unless otherwise specified: 1. “Act” means the Clean Air Act of 1963 (P.L. 88-20 6; 42 U.S.C. 7401 through 7671q) as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549).
2. “Actual emissions” means the actual rate of emiss ions of a pollutant from an emissions unit, as determined i n subsections (a) through (e). a. In general, actual emissions as of a particular d ate shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant durin g a two-year period that precedes the particular date and that is representative of normal source operation. The Director may allow the use of a different time period upon a demonstration that it is more represe ntative of normal source operation. Actual emissions shall be calculated using the unit’s actual operati ng hours, production rates, and types of materials pro

cessed, stored or combusted during the selected tim e period. b. If there is inadequate information to determineactual historical emissions, the Director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the

unit. c. For any emissions unit at a Class I source, other than an electric utility steam generating unit in subsec tion (e), that has not begun normal operations on the particular date, actual emissions shall equal the unit ’s potential to emit on that date. d. For any emissions unit at a Class II source that has not begun normal operations on the particular date, actual emissions shall be based on applicable contr ol equipment requirements and projected conditions of operation. e. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit), actual emissions of the unit following the physical or operational change shall equal the repr esentative actual annual emissions of the unit, if the source owner or operator maintains and submits to the Director, on an annual basis for a period of fi veyears from the date the unit resumes regular operation, information demonstrating that the physical o r operational change did not result in an emissions increase. A longer period, not to exceed 10 years, may be required by the Director if the Directordetermines the longer period to be more representative of normal source post-change operations.
3. “Administrator” means the Administrator of the Un ited States Environmental Protection Agency. 4. “Affected facility” means, with reference to a st ationary source, any apparatus to which a standard is applic able.
5. “Affected source” means a source that includes on e or more units which are subject to emission reduction requirements or limitations under Title IV of the A ct. 6. “Affected state” means any state whose air qualit y may be affected by a source applying for a permit, perm it revision, or permit renewal and that is contiguous to Arizona or that is within 50 miles of the permitted source.

7. “Afterburner” means an incinerator installed in the secondary combustion chamber or stack for the purpose of incinerating smoke, fumes, gases, unburned carbon, and other combustible material not consumed during prim ary combustion.

8. “Air curtain destructor” means an incineration de vice designed and used to secure, by means of a fan-gene rated air curtain, controlled combustion of only wood was te
and slash materials in an earthen trench or refract orylined pit or bin. 9. “Air pollution control equipment” means equipment used to eliminate, reduce or control the emission of airpollutants into the ambient air. 10. “Air quality control region” (AQCR) means an are a so designated by the Administrator pursuant to Section 107 of the Act and includes the following regions in Ar izona: a. Maricopa Intrastate Air Quality Control Region which is comprised of the County of Maricopa. b. Pima Intrastate Air Quality Control Region which is comprised of the County of Pima. c. Northern Arizona Intrastate Air Quality Control Region which encompasses the counties of Apache, Coconino, Navajo, and Yavapai. d. Mohave-Yuma Intrastate Air Quality Control Region which encompasses the counties of La Paz, Mohave, and Yuma. e. Central Arizona Intrastate Air Quality Control Region which encompasses the counties of Gila and
Pinal. f. Southeast Arizona Intrastate Air Quality Control Region which encompasses the counties of Cochise, Graham, Greenlee, and Santa Cruz.

11. “Allowable emissions” means the emission rate ofa stationary source calculated using both the maximum rated capacity of the source, unless the source is subjec t to federally enforceable limits which restrict the operat ing rate or hours of operation, and the most stringent of th e following: a. The applicable New Source Performance Standards
or National Emission Standards for Hazardous Air Pollutants, as contained in Articles 9 or 11 of thi s Chapter;b. The applicable existing source performance standard, as approved for the SIP and contained in Arti

cle 7 of this Chapter; or, c. The emissions rate specified in any federally pro

mulgated rule or federally enforceable permit condi

tions applicable to the state of Arizona. 12. “Ambient air” means that portion of the atmosphe re, external to buildings, to which the general public has

access. 13. “Applicable implementation plan” means those pro visions of the state implementation plan approved by the Administrator or a federal implementation plan promulgated in accordance with Title I of the Act. 14. “Applicable requirement” means any of the follow ing: a. Any federal applicable requirement. b. Any other requirement established pursuant to thi s Chapter or A.R.S. Title 49, Chapter 3. 15. “Arizona Testing Manual” means the Arizona Testi ng Manual for Air Pollutant Emissions. 16. “ASTM” means the American Society for Testing an d

Materials. 17. “Attainment area” means an area so designated by the Administrator acting pursuant to Section 107 of the Act as having ambient air pollutant concentration equal to or less than national primary or secondary ambient airquality standards for a particular pollutant or pollutants.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 7 Supp. 12-1 18. “Begin actual construction” means, in general, i nitiation of physical on-site construction activities on an e missions unit which are of a permanent nature. Such activiti es include installation of building supports and found ations, laying of underground pipework, and construction ofpermanent storage structures. With respect to a change in method of operation this term refers to those on-si te activities, other than preparatory activities, whic h mark the initiation of the change. 19. “Best available control technology” (BACT) means an emission limitation, including a visible emissions standard, based on the maximum degree of reduction for each air pollutant listed in R18-2-101(97)(a) which woul d be emitted from any proposed major source or major mod ification, taking into account energy, environmental, and economic impact and other costs, determined by the Director in accordance with R18-2-406(A)(4) to be

achievable for such source or modification. 20. “Btu” means British thermal unit, which is the quantity of heat required to raise the temperature of one pound of

water 1°F. 21. “CFR” means the Code of Federal Regulations, wit h standard references in this Chapter by Title and Part, so
that “40 CFR 51” means “Title 40 of the Code of Fed eral Regulations, Part 51.” 22. “Charge” means the addition of metal bearing mat erials, scrap, or fluxes to a furnace, converter or refinin g vessel. 23. “Clean coal technology” means any technology, in cluding technologies applied at the precombustion, comb ustion, or post-combustion stage, at a new or existin g facility that will achieve significant reductions i n air emissions of sulfur dioxide or oxides of nitrogen a ssociated with the utilization of coal in the generationof electricity, or process steam, that was not in widespre ad use as of November 15, 1990. 24. “Clean coal technology demonstration project” me ans a project using funds appropriated under the heading “Department of Energy - Clean Coal Technology,” up to a total amount of $2,500,000,000 for commercial demon

stration of clean coal technology or similar projec ts funded through appropriations for the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.

25. “Coal” means all solid fossil fuels classified a s anthracite, bituminous, subbituminous, or lignite by ASTM D-388

- 91, (Classification of Coals by Rank). 26. “Combustion” means the burning of matter. 27. “Commence” means, as applied to construction of a source, or a major modification as defined in Artic le 4 of this Chapter, that the owner or operator has all ne cessary preconstruction approvals or permits and either has : a. Begun, or caused to begin, a continuous program o f actual on-site construction of the source, to be co mpleted within a reasonable time; or b. Entered into binding agreements or contractual ob ligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. 28. “Construction” means any physical change or chan ge in the method of operation, including fabrication, ere ction, installation, demolition, or modification of an emi ssions unit, which would result in a change in actual emis sions. 29. “Continuous monitoring system” or “continuous em ission monitoring system” means the total equipment, required under the emission monitoring provisions i n this Chapter, used to sample and, if applicable, to cond ition, to analyze, and to provide, on a continuous basis, a permanent record of emission or process parameters. 30. “Controlled atmosphere incinerator” means one or more refractory-lined chambers in which complete combust ion is promoted by recirculation of gases by mechanical

means. 31. “Discharge” means the release or escape of an ef fluent from a source into the atmosphere. 32. “Dust” means finely divided solid particulate matter occurring naturally or created by mechanical proces sing, handling or storage of materials in the solid state

. 33. “Dust suppressant” means a chemical compound or mixture of chemical compounds added with or without water to a dust source for purposes of preventing air entrainment. 34. “Effluent” means any air contaminant which is em itted and subsequently escapes into the atmosphere. 35. “Electric utility steam generating unit” means any steam electric generating unit that is constructed for th e purpose of supplying more than one-third of its potential e lectric output capacity and more than 25 MW electrical outp ut to any utility power distribution system for sale. Anysteam supplied to a steam distribution system for the pur pose of providing steam to a steam-electric generator that would produce electrical energy for sale is also consider ed in determining the electrical energy output capacity o f the affected facility. 36. “Emission” means an air contaminant or gas stream, or the act of discharging an air contaminant or a gas stream, visible or invisible.

37. “Emission standard” or “emission limitation” means a requirement established by the state, a local gover nment, or the Administrator which limits the quantity, rat e, or concentration of emissions of air pollutants on a c ontinuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel spe cifications, or prescribe operation or maintenance proced ures for a source to assure continuous emission reductio n. 38. “Emissions unit” means any part of a stationary source which emits or would have the potential to emit anyregulated air pollutant. 39. “Equivalent method” means any method of sampling and analyzing for an air pollutant which has been demon

strated under R18-2-311(D) to have a consistent and quantitatively known relationship to the reference method, under specified conditions. 40. “Excess emissions” means emissions of an air pol lutant in excess of an emission standard as measured by th e compliance test method applicable to such emission standard. 41. “Existing source” means any source which does no t have an applicable new source performance standard under Article 9 of this Chapter. 42. “Federal applicable requirement” means any of th e following as they apply to emissions units covered by a Class I or II permit (including requirements that h ave been promulgated or approved by EPA through rulemak

ing at the time of issuance but have future effecti ve compliance dates): a. Any standard or other requirement provided for inthe applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirement sSupp. 12-1 Page 8 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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of the Act, including any revisions to that plan promulgated in 40 CFR 52.b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or pro

mulgated through rulemaking under Title I, including parts C or D, of the Act. c. Any standard or other requirement under Section 111 of the Act, including Section 111(d). d. Any standard or other requirement under Section112 of the Act, including any requirement concerning accident prevention under Section 112(r)(7) of

the Act. e. Any standard or other requirement of the acid rai n program under Title IV of the Act or the regulation s promulgated thereunder and incorporated pursuant

to R18-2-333. f. Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Act. g. Any standard or other requirement governing solid waste incineration, under Section 129 of the Act. h. Any standard or other requirement for consumer an d commercial products, under Section 183(e) of the

Act. i. Any standard or other requirement for tank vessel s under Section 183(f) of the Act. j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the Act. k. Any standard or other requirement of the regulati ons promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator hasdetermined that such requirements need not be contained in a Title V permit. l. Any national ambient air quality standard or incr ement or visibility requirement under Part C of Titl e I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the

Act. 43. “Federal Land Manager” means, with respect to any lands in the United States, the secretary of the de partment with authority over such lands. 44. “Federally enforceable” means all limitations an d conditions which are enforceable by the Administrator un der the Act, including all of the following: a. The requirements of the New Source Performance
Standards and National Emission Standards for Hazardous Air Pollutants contained in Articles 9 and 1 1 of this Chapter; b. The requirements of such other state or county ru les or regulations approved by the Administrator, including the requirements of state and county oper

ating and new source review permit programs that have been approved by the Administrator; c. The requirements of any applicable implementation plan; d. Emissions limitations, controls, and other requir ements, and any associated monitoring, recordkeeping, and reporting requirements, which are entered into voluntarily by a source pursuant to R18-2-

306.01. 45. “Final permit” means the version of a permit iss ued by the Department after completion of all review requi red by this Chapter. 46. “Fixed capital cost” means the capital needed to provide all the depreciable components. 47. “Fuel” means any material which is burned for th e purpose of producing energy. 48. “Fuel burning equipment” means any machine, equi pment, incinerator, device or other article, except stationary rotating machinery, in which combustion takes p lace. 49. “Fugitive emissions” means those emissions whichcould not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 50. “Fume” means solid particulate matter resulting from the condensation and subsequent solidification of vapor s of
melted solid materials.

51. “Fume incinerator” means a device similar to an afterburner installed for the purpose of incinerating fumes, gases and other finely divided combustible particul ate matter not previously burned. 52. “Good engineering practice (GEP) stack height” m eans a stack height meeting the requirements described in R18-

2-332. 53. “Heat input” means the quantity of heat in terms of Btu’s generated by fuels fed into the fuel burning equipm ent under conditions of complete combustion. 54. “Incinerator” means any equipment, machine, devi ce, contrivance or other article, and all appurtenances thereof, used for the combustion of refuse, salvage materials or any other combustible material except foss il fuels, for the purpose of reducing the volume of material. 55. “Indian governing body” means the governing bodyof any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government. 56. “Indian reservation” means any federally recogni zed reservation established by Treaty, Agreement, Executiv e Order, or Act of Congress. 57. “Insignificant activity” means an activity in anemissions unit that is not otherwise subject to any applicabl e requirement and which belongs to one of the followi ng categories: a. Landscaping, building maintenance, or janitorial

activities. b. Gasoline storage tanks with capacity of 10,000 ga llons or less. c. Diesel and fuel oil storage tanks with capacity o f 40,000 gallons or less. d. Batch mixers with rated capacity of 5 cubic feet or less. e. Wet sand and gravel production facilities that ob tain material from subterranean and subaqueous beds, whose production rate is 200 tons/hour or less, and whose permanent in-plant roads are paved and
cleaned to control dust. This does not include acti vities in emissions units which are used to crush or grind any non-metallic minerals. f. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, mac hining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leath er, metals, plastics, fiberboard, masonry, carbon, glas s, or wood. g. Powder coating operations.h. Internal combustion (IC) engine-driven compressors, IC engine-driven electrical generator sets, andIC engine-driven water pumps used only for emergency replacement or standby service. i. Lab equipment used exclusively for chemical and physical analyses.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 9 Supp. 12-1 j. Any other activity which the Director determines is not necessary, because of its emissions due to size or production rate, to be included in an application i n order to determine all applicable requirements and to calculate any fee under this Chapter. 58. “Kraft pulp mill” means any stationary source wh ich produces pulp from wood by cooking or digesting wood chips in a water solution of sodium hydroxide and s odium sulfide at high temperature and pressure. Regenerat ion of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill. 59. “Lead” means elemental lead or alloys in which the predominant component is lead. 60. “Lime hydrator” means a unit used to produce hyd rated lime product. 61. “Lime plant” includes any plant which produces a lime product from limestone by calcination. Hydration of the lime product is also considered to be part of the s ource. 62. “Lime product” means any product produced by the calcination of limestone. 63. “Major modification” means any physical change o r change in the method of operation of a major source that would result in a significant net emissions increas e of any regulated air pollutant. a. Any net emissions increase that is significant fo r volatile organic compounds is significant for ozone

. b. Any net emissions increase that is significant fo r oxides of nitrogen is significant for ozone for ozo nenonattainment areas classified as marginal, moderate, serious, or severe. c. For the purposes of this definition the followingare not a physical change or change in the method of operation: i. Routine maintenance, repair, and replacement; ii. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b)of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. 792 - 825r; iii. Use of an alternative fuel by reason of an orde r or rule under Section 125 of the Act; iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; v. Use of an alternative fuel or raw material by a stationary source that either:(1) The source was capable of accommodating before December 12, 1976, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter; or (2) The source is approved to use under any permit issued under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. vi. An increase in the hours of operation or in the production rate, unless the change would beprohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter. vii. Any change in ownership at a stationary

source; viii. The addition, replacement, or use of a polluti on control project at an existing electric utility steam generating unit, unless the Director determines that the addition, replacement, oruse renders the unit less environmentally beneficial, or except: (1) When the Director has reason to believe that the pollution control project wouldresult in a significant net increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent Title I air quality impact analysis in the area, if any, and (2) The Director determines that the increase

will cause or contribute to a violation of any national ambient air quality standard or PSD increment, or visibility limitation; ix. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies

with: (1) The SIP and (2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated; x. For electric utility steam generating units
located in attainment and unclassifiable areasonly, the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the project does not result in an increase in thepotential to emit any regulated pollutant emitted by the unit. This exemption applies on a pollutant-by-pollutant basis; and xi. For electric utility steam generating units
located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit. 64. “Major source” means: a. A major source as defined in R18-2-401. b. A major source under Section 112 of the Act:i. For pollutants other than radionuclides, any stationary source that emits or has the potential toemit, in the aggregate, including fugitive emission 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as described in Article 11 of this Chapter. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall notbe aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to
determine whether such units or stations are major sources; or ii. For radionuclides, “major source” shall have the meaning specified by the Administrator by

rule. c. A major stationary source, as defined in Section 302 of the Act, that directly emits or has the potentia l to emit, 100 tpy or more of any air pollutant includin gSupp. 12-1 Page 10 March 31, 2012

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any major source of fugitive emissions of any such pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the pur

poses of Section 302(j) of the Act, unless the sour ce belongs to one of the following categories of stati onary source: i. Coal cleaning plants (with thermal dryers). ii. Kraft pulp mills. iii. Portland cement plants. iv. Primary zinc smelters.

v. Iron and steel mills. vi. Primary aluminum ore reduction plants. vii. Primary copper smelters. viii. Municipal incinerators capable of charging more than 50 tons of refuse per day. ix. Hydrofluoric, sulfuric, or nitric acid plants.

x Petroleum refineries. xi. Lime plants. xii. Phosphate rock processing plants.

xiii. Coke oven batteries. xiv. Sulfur recovery plants. xv. Carbon black plants (furnace process). xvi. Primary lead smelters. xvii. Fuel conversion plants. xviii.Sintering plants. xix. Secondary metal production plants. xx. Chemical process plants. xxi. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input. xxii. Petroleum storage and transfer units with a to tal storage capacity exceeding 300,000 barrels. xxiii.Taconite ore processing plants. xxiv.Glass fiber processing plants. xxv. Charcoal production plants. xxvi.Fossil-fuel-fired steam electric plants of mor e than 250 million British thermal units per hour heat input. xxvii.Any other stationary source category, which a s of August 7, 1980, is being regulated under

Section 111 or 112 of the Act. 65. “Malfunction” means any sudden and unavoidable f ailure of air pollution control equipment, process equipme nt or a process to operate in a normal and usual manner, but does not include failures that are caused by poor m aintenance, careless operation or any other upset condit ion or equipment breakdown which could have been prevented by the exercise of reasonable care. 66. “Minor source” means a source of air pollution which is not a major source for the purposes of Article 4 of this Chapter and over which the Director, acting pursuan t to A.R.S. § 49-402(B), has asserted jurisdiction. 67. “Minor source baseline area” means the air quali ty control region in which the source is located. 68. “Monitoring device” means the total equipment, r equired under the applicable provisions of this Chapter, us ed to measure and record, if applicable, process paramete rs. 69. “Motor vehicle” means any self-propelled vehicle designed for transporting persons or property on public highways. 70. “Multiple chamber incinerator” means three or mo re refractory-lined combustion chambers in series, phy sically separated by refractory walls and interconnec ted by gas passage ports or ducts. 71. “Natural conditions” includes naturally occurrin g phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. 72. “Necessary preconstruction approvals or permits” means those permits or approvals required under the Act and those air quality control laws and rules which are part of
the SIP.
73. “Net emissions increase” means: a. The amount by which the sum of subsections (69)(a)(i) and (ii) exceeds zero:i. Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and ii. Any other increases and decreases in actualemissions at the source that are contemporaneous with the particular change and are otherwise creditable.

b. An increase or decrease in actual emissions is co ntemporaneous with the increase from the particular change only if it occurs between: i. The date five years before construction on the particular change commences; and ii. The date that the increase from the particular change occurs.
c. An increase or decrease in actual emissions is cr editable only if the Director has not relied on it in i ssuing a permit, which is in effect when the increase in actual emissions from the particular change occurs. In addition, in nonattainment areas, a decrease in actual emissions shall be considered in determining net emissions increase due to modifications only if the state has not relied on it in demonstrating att ainment or reasonable further progress.
d. An increase or decrease in actual emissions of su lfur dioxide, nitrogen oxides, or PM 10 which occurs before the applicable baseline date, as described i n R18-2-218, is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
e. An increase in actual emissions is creditable onl y to the extent that the new level of actual emissions

exceeds the old level. f. A decrease in actual emissions is creditable only to the extent that:

i. The old level of actual emissions or the old level of allowable emissions, whichever islower, exceeds the new level of actual emissions; ii. It is federally enforceable at and after the tim e that actual construction on the particular change begins;iii. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and iv. The emissions unit was actually operated and emitted the specific pollutant. g. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational andbegins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, no t to exceed 180 days.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 11 Supp. 12-1 74. “New source” means any stationary source of air pollution which is subject to an applicable new source p erformance standard under Article 9 of this Chapter. 75. “Nitric acid plant” means any facility producingnitric acid 30% to 70% in strength by either the pressure or atmospheric pressure process. 76. “Nitrogen oxides” means all oxides of nitrogen e xcept nitrous oxide, as measured by test methods set fort h in the Appendices to 40 CFR 60. 77. “Nonattainment area” means an area so designated by the Administrator acting pursuant to Section 107 of the Act as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants. 78. “Nonpoint source” means a source of air contamin ants which lacks an identifiable plume or emission point

. 79. “Opacity” means the degree to which emissions re duce the transmission of light and obscure the view of an object in the background. 80. “Operation” means any physical or chemical actio n resulting in the change in location, form, physical properties, or chemical character of a material. 81. “Owner or operator” means any person who owns, l eases, operates, controls, or supervises an affected facil ity or a stationary source of which an affected facility is a part. 82. “Particulate matter” means any airborne finely d ivided solid or liquid material with an aerodynamic diamet er smaller than 100 micrometers. 83. “Particulate matter emissions” means all finely divided solid or liquid materials other than uncombined wat er, emitted to the ambient air as measured by applicabl e test methods and procedures described in R18-2-311. 84. “Pollution control project” means any activity o r project undertaken at an existing electric utility steam ge nerating
unit to reduce emissions from the unit. The activit ies or projects are limited to: a. The installation of conventional or innovative po llution control technology, including advanced flue ga s desulfurization, sorbent injection for sulfur dioxi de and nitrogen oxides controls, and electrostatic pre

cipitators; b. An activity or project to accommodate switching t o a fuel less polluting than the fuel used before the activity or project, including natural gas or coal reburning, or the co-firing of natural gas and othe r fuels for the purpose of controlling emissions; c. A permanent clean coal technology demonstration project conducted under Title II, section 101(d) of the Further Continuing Appropriations Act of 1985 (42 U.S.C. 5903(d), or subsequent appropriations,up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or sim ilar projects funded through appropriations for the Environmental Protection Agency, or d. A permanent clean coal technology demonstration project that constitutes a repowering project.

85. “PM 2.5 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 microm eters as measured by a reference method based on 40 CFR 5 0 Appendix L, or by an equivalent method designated according to 40 CFR 53.

86. “PM 10 ” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 microme ters as measured by a reference method contained within 40CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53. 87. “PM 10 emissions” means finely divided solid or liquid material, with an aerodynamic diameter less than or equal

to a nominal 10 micrometers emitted to the ambient air as measured by applicable test methods and procedures
described in R18-2-311.

88. “Plume” means visible effluent.
89. “Pollutant” means an air contaminant the emissio n or ambient concentration of which is regulated pursuant to this Chapter. 90. “Portable source” means any building, structure, facility, or installation subject to regulation pursuant to A .R.S. § 49-426 which emits or may emit any air pollutant an d is capable of being operated at more than one location

. 91. “Potential to emit” or “potential emission rate” means the maximum capacity of a stationary source to emit a p ollutant, excluding secondary emissions, under its physi cal and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restr ictions on hours of operation or on the type or amount of m aterial combusted, stored, or processed, shall be treated a s part of its design if the limitation or the effect it wo uld have on emissions is federally enforceable. 92. “Primary ambient air quality standards” means th e ambient air quality standards which define levels of ai r quality necessary, with an adequate margin of safety, to pr otect the public health, as specified in Article 2 of thi s Chapter. 93. “Process” means one or more operations, includin g equipment and technology, used in the production of goods or services or the control of by-products or waste. 94. “Proposed permit” means the version of a permit for which the Director offers public participation unde r R18- 2-330 or affected state review under R18-2-307(D). 95. “Proposed final permit” means the version of a C lass I permit that the Department proposes to issue and fo rwards to the Administrator for review in compliance with R18-2-307(A). 96. “Reactivation of a very clean coal-fired electri c utility steam generating unit” means any physical change or change in the method of operation associated with c ommencing commercial operations by a coal-fired utili ty unit after a period of discontinued operation if th e unit: a. Has not been in operation for the two-year period
before enactment of the Clean Air Act Amendments of 1990, and the emissions from the unit continue t o be carried in the Director’s emissions inventory at the time of enactment; b. Was equipped before shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less th an 98%;c. Is equipped with low-NOx burners before commencement of operations following reactivation;
and d. Is otherwise in compliance with the Act. 97. “Reclaiming machinery” means any machine, equipm ent device or other article used for picking up stored granular material and either depositing this material on a c onveyor or reintroducing this material into the process. 98. “Reference method” means the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual; 40 CFR 50, Appendices A through K; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C. 99. “Regulated air pollutant” means any of the follo wing:Supp. 12-1 Page 12 March 31, 2012

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a. Any conventional air pollutant as defined in A.R. S. § 49-401.01. b. Nitrogen oxides and volatile organic compounds. c. Any air contaminant that is subject to a standard contained in Article 9 of this Chapter. d. Any hazardous air pollutant as defined in Article 17 of this Chapter. e. Any Class I or II substance listed in Section 602 of

the Act. 100. “Repowering” means: a. Replacing an existing coal-fired boiler with one of the following clean coal technologies:i. Atmospheric or pressurized fluidized bed combustion; ii. Integrated gasification combined cycle; iii. Magnetohydrodynamics; iv. Direct and indirect coal-fired turbines; v. Integrated gasification fuel cells; orvi. As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative of one or more of the above technologies; and vii. Any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. b. Repowering also includes any oil, gas, or oil and gas-fired unit that has been awarded clean coal tec hnology demonstration funding as of January 1, 1991, by the United States Department of Energy. c. The Director shall give expedited consideration t o permit applications for any source that satisfies the requirements of this subsection and is granted an
extension under section 409 of the Act. 101. “Representative actual annual emissions” means the average rate, in tons per year, at which a source is projected to emit a pollutant for the 2-year period after a phys ical change or change in the method of operation of a un it, (or a different consecutive 2-year period within 10 years after that change, if the Director determines that the di fferent period is more representative of source operations) , considering the effect the change will have on increas ing or decreasing the hourly emissions rate and on project ed capacity utilization. In projecting future emission s the

Director shall: a. Consider all relevant information, including hist orical operational data, the company’s representations

,filings with Arizona or federal regulatory authorities, and compliance plans under Title IV of the Ac t; and b. Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric ut ility steam generating unit, that portion of the unit ’s emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projec ted capacity utilization at the unit unrelated to the p articular change, including any increased utilization du e to the rate of electricity demand growth for the ut ility system as a whole. 102. “Run” means the net period of time during which an emission sample is collected, which may be, unless otherwise specified, either intermittent or continuous w ithin the limits of good engineering practice. 103. “Secondary ambient air quality standards” means the ambient air quality standards which define levels o f air quality necessary to protect the public welfare fro m any known or anticipated adverse effects of a pollutant , as specified in Article 2 of this Chapter. 104. “Secondary emissions” means emissions which are specific, well defined, quantifiable, occur as a resul t of the construction or operation of a major source or majo r modification, but do not come from the major source or major modification itself, and impact the same gene ral area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which
would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major source or major modification. Secondary emiss ions do not include any emissions which come directly fr om a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 105. “Shutdown” means the cessation of operation of any air pollution control equipment or process equipment fo r any purpose, except routine phasing out of process equi pment. 106. “Significant” means: a. In reference to a net emissions increase or the p otential of a source to emit any of the following pollutants, a rate of emissions that would equal or excee d any of the following rates:

Pollutant Emissions Rate

Carbon monoxide 100 tons per year (tpy)

Nitrogen oxides 40 tpy

Sulfur dioxide 40 tpy

Particulate matter 25 tpy

PM 10 15 tpy

VOC 40 tpy

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric acid mist 7 tpy

Hydrogen sulfide (H 2 S) 10 tpy

Total reduced sulfur (including H 2 S) 10 tpy

Reduced sulfur compounds (including H 2 S) 10 tpy

Municipal waste combustororganics (measured as total tetrathrough octa-chlorinateddibenzo-p-dioxins and dibenzofurans) 3.5 x 10 -6 tpy

Municipal waste combustor metals (measured as particulate matter) 15 tpy

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) 40 tpyArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 13 Supp. 12-1 b. In ozone nonattainment areas classified as seriou s or severe, significant emissions of VOC shall be deter

mined under R18-2-405. c. For a regulated air pollutant that is not listed in subsection (a), is not a Class I or II substance liste d in Section 602 of the Act, and is not a hazardous air pollutant according to Article 17 of this Chapter, any emission rate. d. Notwithstanding the emission amount listed in sub

section (a), any emissions rate or any net emission s increase associated with a major source or major modification, which would be constructed within 10 kilometers of a Class I area and have an impact on the ambient air quality of such area equal to or greater than 1 μ g/m 3 (24-hour average). 107. “Smoke” means particulate matter resulting fromincomplete combustion. 108. “Stack” means any point in a source designed to emit solids, liquids, or gases into the air, including a pi pe or duct but not including flares. 109. “Stack in existence” means that the owner or op erator had

either: a. Begun, or caused to begin, a continuous program o f physical on-site construction of the stack; b. Entered into binding agreements or contractual ob ligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time. 110. “Start-up” means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipm ent. 111. “State implementation plan” (SIP) means the plan adopted by the state of Arizona which provides for implementation, maintenance, and enforcement of such pri

mary and secondary ambient air quality standards as are adopted by the Administrator, pursuant to the Act. 112. “Stationary rotating machinery” means any gas e ngine, diesel engine, gas turbine, or oil fired turbine op erated from a stationary mounting and used for the product ion of electric power or for the direct drive of other equ ipment. 113. “Stationary source” means any building, structure, facility or installation subject to regulation pursuant to A.R.S. § 49-426(A) which emits or may emit any air pollutant. “Building,” “structure,” “facility,” or “installati on” means all of the pollutant-emitting activities which belo ng to the same industrial grouping, are located on one or mor e contiguous or adjacent properties, and are under the c ontrol of the same person or persons under common control. Pollutant-emitting activities shall be considered a s part of the same industrial grouping if they belong to the same “Major Group” as described in the “Standard Industr ial Classification Manual, 1987.” 114. “Sulfuric acid plant” means any facility produc ing sulfuric acid by the contact process by burning elementa l sulfur, alkylation acid, hydrogen sulfide, or acid slu dge, but
does not include facilities where conversion to sul furic acid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosp here. 115. “Temporary clean coal technology demonstration project” means a clean coal technology demonstratio n project operated for five years or less, and that c omplies with the SIP and other requirements necessary to attain and maintain the national ambient air quality stand ards during the project and after the project is terminated. 116. “Temporary source” means a source which is port able, as defined in A.R.S. § 49-401.01(23) and which is not an affected source. 117. “Total reduced sulfur” (TRS) means the sum of the sulfur compounds, primarily hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during kraft pulping and other operations and measured by Method 16 in 40 CFR 60, Appendix A. 118. “Total suspended particulate” (TSP) means parti culate matter as measured by the reference method describe d in 40 CFR 50, Appendix B, plus any particulate matter from fugitive emissions quantified by methods approved b y the
Director.
119. “Trivial activities” means activities and emiss ions units, such as the following, that may be omitted from a C lass I or Class II permit application. Certain of the foll owing listed activities include qualifying statements int ended to

exclude similar activities: a. Combustion emissions from propulsion of mobile

sources; b. Air-conditioning units used for human comfort that do not have applicable requirements under title VI of the Act; c. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial or commercial process; d. Non-commercial food preparation; e. Janitorial services and consumer use of janitoria l products; f. Internal combustion engines used for landscaping

purposes; g. Laundry activities, except for dry-cleaning and steam boilers; h. Bathroom and toilet vent emissions; i. Emergency or backup electrical generators at resi

dential locations; j. Tobacco smoking rooms and areas; k. Blacksmith forges; l. Plant maintenance and upkeep activities, includin g grounds-keeping, general repairs, cleaning, paintin g, welding, plumbing, re-tarring roofs, installing ins ulation, and paving parking lots, if these activitie s are not conducted as part of a manufacturing process, are not related to the source’s primary business activity, and do not otherwise trigger a permit rev ision. Cleaning and painting activities qualify as trivial activities if they are not subject to VOC or hazardous air pollutant (HAP) control requirements; m. Repair or maintenance shop activities not related to the source’s primary business activity, not includi ng emissions from surface coating, de-greasing, or sol

vent metal cleaning activities, and not otherwise triggering a permit revision; n. Portable electrical generators that can be moved by hand from one location to another. “Moved by hand”means capable of being moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device; o. Hand-held equipment for buffing, polishing, cutti ng, drilling, sawing, grinding, turning, or machining wood, metal, or plastic; p. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construcMunicipal solid waste landfillemissions (measured as nonmethane organic compounds) 50 tpySupp. 12-1 Page 14 March 31, 2012

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tion activities that do not result in emission of H AP metals. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and
construction activities that emit HAP metals are insignificant activities based on size or productio n level thresholds. Brazing, soldering, and welding equipment, and cutting torches directly related toplant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in this de finition;q. Air compressors and pneumatically operated equipment, including hand tools; r. Batteries and battery charging stations, except a t battery manufacturing plants; s. Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VO C or HAP; t. Storage tanks, reservoirs, and pumping and handli ng equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous sa lt solutions, if appropriate lids and covers are used;u. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueou s salt solutions, if appropriate lids and covers are used; v. Drop hammers or hydraulic presses for forging or metalworking; w. Equipment used exclusively to slaughter animals, not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equip

ment; x. Vents from continuous emissions monitors and othe r analyzers; y. Natural gas pressure regulator vents, excluding v enting at oil and gas production facilities;z. Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation; aa. Equipment used for surface coating, painting, dipping, or spraying operations, except those that wil l emit VOC or HAP; bb. CO(2) lasers used only on metals and other mater ials that do not emit HAP in the process;cc. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles orsubstances being processed in the ovens or autoclaves or the boilers delivering the steam; dd. Salt baths using nonvolatile salts that do not r esult in emissions of any regulated air pollutants; ee. Laser trimmers using dust collection to prevent fugitive emissions; ff. Bench-scale laboratory equipment used for physic al or chemical analysis, but not laboratory fume hoods

or vents; gg. Routine calibration and maintenance of laborator y equipment or other analytical instruments; hh. Equipment used for quality control, quality assurance, or inspection purposes, including sampling equipment used to withdraw materials for analysis; ii. Hydraulic and hydrostatic testing equipment; jj. Environmental chambers not using HAP gases; kk. Shock chambers; ll. Humidity chambers; mm. Solar simulators; nn. Fugitive emissions related to movement of passen

ger vehicles, if the emissions are not counted for applicability purposes under R18-2-101(64)(c) and any required fugitive dust control plan or its equi valent is submitted with the application; oo. Process water filtration systems and demineraliz ers; pp. Demineralized water tanks and demineralizer vent s; qq. Oxygen scavenging or de-aeration of water; rr. Ozone generators; ss. Fire suppression systems; tt. Emergency road flares; uu. Steam vents and safety relief valves; ww. Steam leaks; and xx. Steam cleaning operations and steam sterilizers

120. “Unclassified area” means an area which the Adm inistrator, because of a lack of adequate data, is unable to classify as an attainment or nonattainment area for a s pecific pollutant, and which, for purposes of this Chapter, is
treated as an attainment area.
121. “Uncombined water” means condensed water contai ning analytical trace amounts of other chemical elements or compounds. 122. “Urban or suburban open area” means an unsubdiv ided tract of land surrounding a substantial urban devel opment of a residential, industrial, or commercial nature and which, though near or within the limits of a city o r town, may be uncultivated, used for agriculture, or lie f allow.
123. “Vacant lot” means a subdivided residential or commercial lot which contains no buildings or structures of a
temporary or permanent nature. 124. “Vapor” means the gaseous form of a substance n ormally occurring in a liquid or solid state. 125. “Visibility impairment” means any humanly perce ptible change in visibility (light extinction, visual rang e, contrast, coloration) from that which would have exist ed

under natural conditions. 126. “Visible emissions” means any emissions which are visually detectable without the aid of instruments and which contain particulate matter. 127. “Volatile organic compounds (VOC)” means any co mpound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbon ates,and ammonium carbonate, that participates in atmospheric photochemical reactions. This includes any such organic compound other than the following: a. Methane; b. Ethane; c. Methylene chloride (dichloromethane); d. 1,1,1-trichloroethane (methyl chloroform); e. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); f. Trichlorofluoromethane (CFC-11); g. Dichlorodifluoromethane (CFC-12); h. Chlorodifluoromethane (HCFC-22); i. Trifluoromethane (HFC-23); j. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); k. Chloropentafluoroethane (CFC-115); l. 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); m. 1,1,1,2-tetrafluoroethane (HFC-134a); n. 1,1-dichloro 1-fluoroethane (HCFC-141b); o. 1-chloro 1,1-difluoroethane (HCFC-142b); p. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); q. Pentafluoroethane (HFC-125); r. 1,1,2,2-tetrafluoroethane (HFC-134); s. 1,1,1-trifluoroethane (HFC-143a); t. 1,1-difluoroethane (HFC-152a); u. Parachlorobenzotrifluoride (PCBTF);Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 15 Supp. 12-1 v. Cyclic, branched, or linear completely methylated siloxanes; w. Acetone; x. Perchloroethylene (tetrachloroethylene);y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca);z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43- 10mee); bb. Difluoromethane (HFC-32); cc. Ethylfluoride (HFC-161); dd. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); ee. 1,1,2,2,3-pentafluoropropane (HFC-245ca); ff. 1,1,2,3,3-pentafluoropropane (HFC-245ea); gg. 1,1,1,2,3-pentafluoropropane (HFC-245eb); hh. 1,1,1,3,3-pentafluoropropane (HFC-245fa); ii. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); jj. 1,1,1,3,3-pentafluorobutane (HFC-365mfc); kk. Chlorofluoromethane (HCFC-31); ll. 1 chloro-1-fluoroethane (HCFC-151a); mm. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a); nn. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 F 9 OCH 3 ); oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptaflu oropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C 4 F 9 OC 2 H 5 ); qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluo ropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ; rr. Methyl acetate; andss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (nC 3 F7OCH 3 , HFE—7000); tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- (trifluoromethyl) hexane (HFE – 7500); uu. 1,1,1,2,3,3,3-hentafluoropropane (HFC 227ea); an d vv. Methyl formate (HCOOCH3): and ww. Perfluorocarbon compounds that fall into these

classes:i. Cyclic, branched, or linear, completely fluorinated alkanes.ii. Cyclic, branched, or linear, completely fluornated ethers with no unsaturations.iii. Cycle, branched, or linear, completely fluorinated tertiary amines with no unsaturations; or iv. Sulfur containing perfluorocarbons with nounsaturations and with sulfur bonds only to carbon and fluorine. xx. The following compound is VOC for purposes of al l recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes o fVOC emissions limitations or VOC content requirements: t-butyl acetate. 128. “Wood waste burner” means an incinerator design ed and used exclusively for the burning of wood wastes con sisting of wood slabs, scraps, shavings, barks, sawdustor other wood material, including those that generate steam as a by-product.

Historical ote Former Section R9-3-101 repealed, new Section R9-3- 101 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Edi torial correction, paragraph (133) (Supp. 80-1). Edit orial correction, paragraph (58) (Supp. 80-2). Amended effective July 9, 1980. Amended by adding new paragraphs (24), (55), (102), and (115) and renumbering accord ingly, effective August 29, 1980 (Supp. 80-4). Amended effective May 28, 1982 (Supp. 82-3). Amended effective S eptember 22, 1983 (Supp. 83-5). Amended paragraph (13 3), added paragraph (156) and renumbered accordingly effective September 28, 1984 (Supp. 84-5). Amended paragraph (29) by deleting (aa) and (bb) effective August 9, 1985 (Supp. 85-4). Former Section R9-3-101 renum

bered without change as R18-2-101 (Supp. 87-3). Amended paragraph (98) effective December 1, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp

. 94-2). Amended effective October 7, 1994 (Supp. 94- 4). Amended effective February 28, 1995 (Supp. 95-1). Amended effective August 1, 1995 (Supp. 95-3). Amended effective January 31, 1997; filed with the Office of Secretary of State January 10, 1997 (Supp . 97- 1). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effec tive September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 4541

, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 11 A.A.R. 3305, effective Octob er 3, 2005 (Supp. 05-3). Amended by final rulemaking at 1 1 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4 ). Amended by final rulemaking at 12 A.A.R. 1953, effe ctive January 1, 2007 (Supp. 06-2).

R18-2-102. Incorporated Materials The following documents are incorporated by referen ce and are on file with the Office of the Secretary of State and the Department: 1. The Department’s “Arizona Testing Manual for Air Pollutant Emissions,” amended as of March 1992 (and no future editions). 2. All ASTM test methods referenced in this Chapter as of the year specified in the reference (and no future amendments). They are available from the American Societ y for Testing and Materials, 1916 Race St., Philadelphia, PA

19103-1187. 3. The U.S. Government Printing Office’s “Standard I ndustrial Classification Manual, 1987” (and no future e ditions).

Historical ote Adopted effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amend ed effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3).

R18-2-103. Applicable Implementation Plan; Savings No rule adopted in this Chapter shall preempt or nu llify any applicable requirement or emission standard in an applic able implementation plan unless the Director revises the applica ble implementation plan in conformance with the require ments of 40 CFR 51, Subpart F, and the Administrator approves t he revision.

Historical ote Adopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective Novemb er

15, 1993 (Supp. 93-4).Supp. 12-1 Page 16 March 31, 2012

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ARTICLE 2. AMBIET AIR QUALITY STADARDS; AREA DESIGATIOS; CLASSIFICATIOS

R18-2-201. Particulate matter: PM 10 and PM 2.5 A. PM 10 Standards 1. The primary ambient air quality standards for PM 10 are: a. 50 micrograms per cubic meter of PM 10 -- annual

arithmetic mean concentration. b. 150 micrograms per cubic meter of PM 10 -- 24-hour average concentration. 2. The secondary ambient air quality standards for P M 10

are: a. 50 micrograms per cubic meter of PM 10 -- annual

arithmetic mean concentration. b. 150 micrograms per cubic meter of PM 10 -- 24-hour average concentration. 3. To determine attainment of the primary and second ary standards, a person shall measure PM 10 in the ambient air by: a. A reference method based on 40 CFR 50, Appendix J, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40

CFR 53. 4. The primary and secondary annual ambient air qual ity
standards for PM 10 are attained when the expected annual arithmetic mean concentration, determined accordingto 40 CFR 50, Appendix K, is less than or equal to 50 micrograms per cubic meter. 5. The primary and secondary 24-hour ambient air qua lity
standards for PM 10 are attained when the expected number of days per calendar year with a 24-hour averag e concentration above 150 micrograms per cubic meter, determined according to 40 CFR 50, Appendix K, is l ess than or equal to 1.

B. PM 2.5 Standards 1. The primary ambient air quality standards for PM 2.5 are: a. 15 micrograms per cubic meter of PM 2.5 – annual

arithmetic mean concentration. b. 65 micrograms per cubic meter of PM 2.5 – 24-hour average concentration. 2. The secondary ambient air quality standards for P M 2.5

are: a. 15 micrograms per cubic meter of PM 2.5 – annual

arithmetic mean concentration. b. 65 micrograms per cubic meter of PM 2.5 – 24-hour average concentration. 3. To determine attainment of the primary and second ary standards, a person shall measure PM 2.5 in the ambient air by: a. A reference method based on 40 CFR 50, Appendix L, and designated according to 40 CFR 53; or b. An equivalent method designated according to 40

CFR 53. 4. The primary and secondary annual ambient air qual ity
standards for PM 2.5 are met when the annual arithmetic mean concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 15 micrograms per cubic meter. 5. The primary and secondary 24-hour ambient air qua lity
standards for PM 2.5 are met when the 98th percentile 24- hour concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 65 micrograms per cubic meter.

Historical ote Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-201 repealed, new Section R9-3- 201 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Edi torial correction, subsection (E) (Supp. 80-2). Amend ed effective August 29, 1980 (Supp. 80-4). Amended sub

section(B)(1) and deleted subsections (C) through ( E) effective September 22, 1983 (Supp. 83-5). Former S ection R9-3-201 renumbered without change as Section R18-2-201 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05 -3). Section corrected to include subsection (B), which was inadvertently omitted in Supp. 05-3 (Supp. 07-4).

R18-2-202. Sulfur oxides (sulfur dioxide)

A. The primary ambient air quality standards for sulfu r oxides, measured as sulfur dioxide, are: 1. 0.03 parts per million (ppm) (80 μg/m 3 ) -- annual arithmetic mean. 2. 0.14 parts per million (ppm) (365 μg/m 3 ) -- maximum

24-hour concentration not to be exceeded more than once

per year. B. The secondary ambient air quality standard for sulf ur oxides, measured as sulfur dioxide, is 0.5 parts per millio n (ppm) (1300 μg/m 3 ) -- maximum three-hour concentration not to be exceeded more than once per year.

Historical ote Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-202 repealed, new Section R9-3- 202 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp

. 82-3). Amended by deleting subsections (C) through (E) effective September 22, 1983 (Supp. 83-5). Former S ection R9-3-202 renumbered without change as Section R18-2-202 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05 -3).

R18-2-203. Ozone: 1-hour standard and 8-hour average d

standard

A. 1-hour standard. Until June 15, 2005: 1. The 1-hour primary ambient air quality standard f or ozone is 0.12 ppm (235 micrograms per cubic meter). 2. The 1-hour secondary ambient air quality standardfor ozone is 0.12 ppm (235 micrograms per cubic meter). 3. The 1-hour standards are attained when the expect ed number of days per calendar year with maximum hourly average concentrations above 0.12 ppm (235 microgra ms per cubic meter) is less than or equal to 1, determ ined by 40 CFR 50, Appendix H.

B. 8-hour averaged standard. 1. The 8-hour averaged primary ambient air quality s tandard for ozone is 0.08 ppm. 2. The 8-hour averaged secondary ambient air qualitystandard for ozone is 0.08 ppm. 3. 8-hour averaged primary and secondary ambient airquality standards for ozone are met at an ambient air q uality monitoring site when the average of the annual fourthhighest daily maximum 8-hour ozone concentration is less than or equal to 0.08 ppm, determined accordin g to 40 CFR 50 Appendix I.

Historical ote Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-204 repealed, new Section R9-3- 204 adopted effective May 14, 1979 (Supp. 79-1).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 17 Supp. 12-1 Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Sectio n R9-3-204 renumbered without change as Section R18-2

- 204 (Supp. 87-3). Section R18-2-103 renumbered from R18-2-204 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A .R. 3305, effective October 3, 2005 (Supp. 05-3).

R18-2-204. Carbon monoxide

A. The primary ambient air quality standards for carbo n monoxide are: 1. 9 parts per million (10 milligrams per cubic mete r) -- maximum eight-hour concentration not to be exceeded more than once per year. 2. 35 parts per million (40 milligrams per cubic met er) --
maximum one-hour concentration not to be exceeded more than once per year.

B. An eight-hour average shall be considered valid if at least 75% of the hourly averages for the eight-hour period ar e available. In the event that only six or seven hourly averages are available, the eight-hour average shall be computed on the basis of the hours available using 6 or 7 as the divisor.

C. When summarizing data for comparison with the stand ards, averages shall be stated to one decimal place. Comp arison of the data with the levels of the standards in parts per million shall be made in terms of integers with fractional parts of 0.5 or greater rounding up.

Historical ote Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-205 repealed, new Section R9-3- 205 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Sectio n R9-3-205 renumbered without change as Section R18-2

- 205 (Supp. 87-3). Former Section R18-2-204 renumber ed to R18-2-203, new Section R18-2-204 renumbered from R18-2-205 and amended effective September 26, 1990

(Supp. 90-3).

R18-2-205. itrogen dioxide

A. The primary ambient air quality standard for nitrog en dioxide is 0.053 parts per million (100 micrograms per cubi c meter) --

annual arithmetic mean.

B. The secondary ambient air quality standard for nitr ogen dioxide is 0.053 (parts per million (100 micrograms per cubic meter) -- annual arithmetic mean.

C. The standards are attained when the annual arithmet ic mean concentration in a calendar year is less than or eq ual to 0.053 ppm, rounded to three decimal places, with fraction al parts equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be based up on hourly data that is at last 75% complete or upon data deri ved from the manual methods, that is at least 75% complete for the scheduled sampling days in each calendar quarter.

Historical ote Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-206 repealed, new Section R9-3- 206 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Sectio n R9-3-206 renumbered without change as Section R18-2

- 206 (Supp. 87-3). Former Section R18-2-205 renumber ed to R18-2-204, new Section R18-2-205 renumbered from R18-2-206 and amended effective September 26, 1990

(Supp. 90-3).

R18-2-206. Lead

A. The primary ambient air quality standard for lead and its compounds, measured as elemental lead, is 1.5 microgra ms per cubic meter -- maximum arithmetic mean averaged ove r a calendar quarter.

B. The secondary ambient air quality standard for lead and its compounds, measured as elemental lead, is 1.5 micro grams per cubic meter -- maximum arithmetic mean averaged over a calendar quarter.

Historical ote Former Section R9-3-207 repealed effective May 14, 1979 (Supp. 79-1). New Section R9-3-207 adopted effective October 2, 1979 (Supp. 79-5). Amended effectiv e August 29, 1980 (Supp. 80-4). Amended by deleting s ubsections (B) through (D) effective September 22, 19 83 (Supp. 83-5). Former Section R9-3-207 renumbered without change as Section R18-2-207 (Supp. 87-3). Former Section R18-2-206 renumbered to R18-2-205,
new Section R18-2-206 renumbered from R18-2-207 and amended effective September 26, 1990 (Supp. 90-3).

R18-2-207. Renumbered

Historical ote
Former Section R9-3-207 renumbered to R18-2-206 effective September 26, 1990 (Supp. 90-3).

R18-2-208. Reserved

R18-2-209. Reserved

R18-2-210. Attainment, onattainment, and Unclassifi able Area Designations 40 CFR 81.303 as amended as of July 1, 2006 (and no future amendments or editions) is incorporated by referenc e as an applicable requirement and on file with the Department of Environmental Quality. 40 CFR 81.303 is available from the U.S. G overnment Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effec tive August 12, 1999 (Supp. 99-3). Amended by final rule

making at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 328 1, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 3305, effective Octob er 3, 2005 (Supp. 05-3). Amended by final rulemaking at 1 3 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4)

.

R18-2-211. Reserved

R18-2-212. Reserved

R18-2-213. Reserved

R18-2-214. Reserved

R18-2-215. Ambient air quality monitoring methods an d procedures

A. Only those methods which have been either designate d by the Administrator as reference or equivalent methods or approved by the Director shall be used to monitor ambient ai r.Supp. 12-1 Page 18 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

B. Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with procedures described in the Appendices to 40 CFR 58.

C. The Director may approve other procedures upon a fi nding that the proposed procedures are substantially equi valent or superior to procedures in the Appendices to 40 CFR 58.

Historical ote Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-215 renumbered without change a s Section R18-2-215 (Supp. 87-3). Amended effective S eptember 26, 1990 (Supp. 90-3).

R18-2-216. Interpretation of Ambient Air Quality Sta ndards and Evaluation of Air Quality Data Unless otherwise specified, interpretation of all ambient air quality
standards contained in this Article shall be in acc ordance with 40 CFR 50, incorporated by reference in Appendix 2 of this Chapter.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-216 repealed, new Section R9-3-216 adopted effective August 29, 1980 (Supp. 80-4). Former Section R9-3-216 renumbered without change as Secti on R18-2-216 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1)

. R18-2-217. Designation and Classification of Attainm ent
Areas

A. All attainment and unclassified areas or parts ther eof shall be classified as either Class I, Class II or Class III

. B. All of the following areas which were in existence on August 7, 1977, including any boundary changes to those ar eas which occurred subsequent to the date of enactment of the Clean Air Act Amendments of 1977 and before March 12, 1993, s hall be Class I areas irrespective of attainment status and shall not be redesignated: 1. International parks; 2. National wilderness areas which exceed 5,000 acre s in size; 3. National memorial parks which exceed 5,000 acres in size; and 4. National parks which exceed 6,000 acres in size.

C. The following areas shall be designated only as Cla ss I or II: 1. An area which as of August 7, 1977, exceeds 10,00 0 acres in size and is one of the following: a. A national monument, b. A national primitive area, c. A national preserve, d. A national recreational area, e. A national wild and scenic river, f. A national wildlife refuge, g. A national lakeshore or seashore. 2. A national park or national wilderness area estab lished after August 7, 1977, which exceeds 10,000 acres in size.

D. All other areas shall be Class II areas unless rede signated under subsections (E) or (F).

E. The Governor or the Governor’s designee may redesig nate areas of the state as Class I or Class II, providedthat the following requirements are fulfilled: 1. At least one public hearing is held in or near th e area affected; 2. Other states, Indian governing bodies and FederalLand Managers, whose land may be affected by the propose d redesignation are notified at least 30 days prior t o the public hearing. 3. A discussion document of the reasons for the prop osed redesignation including a description and analysis of health, environmental, economic, social and energy effects of the proposed redesignation is prepared b y the Governor or the Governor’s designee. The discussion document shall be made available for public inspect ion at least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notificat ion of the availability of such discussion document. 4. Prior to the issuance of notice respecting the re designation of an area which includes any federal lands, the Governor or the Governor’s designee has provided writt en notice to the appropriate Federal Land Manager and afforded the Federal Land Manager adequate opportun ity, not in excess of 60 days, to confer with the state respecting the redesignation and to submit written comment s and
recommendations. The Governor or the Governor’s des

ignee shall publish a list of any inconsistency between such redesignation and such recommendations, togeth er with the reasons for making such redesignation agai nst the recommendation of the Federal Land Manager, if any Federal Land Manager has submitted written comments
and recommendations. 5. The redesignation is proposed after consultation with the elected leadership of local governments in the areacovered by the proposed redesignation. 6. The redesignation is submitted to the Administrat or as a revision to the SIP.

F. The Governor or the Governor’s designee may redesig nate
areas of the state as Class III if all of the follo wing criteria are

met: 1. Such redesignation meets the requirements of subs ection (E); 2. Such redesignation has been approved after consul tation with the appropriate committee of the legislature i f it is in session or with the leadership of the legislature i f it is not
in session. 3. The general purpose units of local government rep resenting a majority of the residents of the area to be r edesignated concur in the redesignation; 4. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any m aximum allowable increase or maximum allowable concentration permitted under the classification of any

area; 5. For any new major source as defined in R18-2-401 or a major modification of such source which may be perm itted to be constructed and operated only if the areain question is redesignated as Class III, any permit application or related materials shall be made available for public inspection prior to a public hearing. 6. The redesignation is submitted to the Administrat or as a revision to the SIP.

G. A redesignation shall not be effective until approv ed by the Administrator as part of an applicable implementati on plan.

H. Lands within the exterior boundaries of Indian rese rvations may be redesignated only by the appropriate Indian governing body.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Editorial c orrection, subsection (A), paragraph (5), subparagraph ( d) (Supp. 80-2). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-217 renumbered without change as Section R18-2-217 (Supp. 87-3). Amended and subsection (B) renumbered to Section R18-2-218 effe c-Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 19 Supp. 12-1 tive September 26, 1990 (Supp. 90-3). Amended effec tive

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

R18-2-218. Limitation of Pollutants in Classified At tainment

Areas

A. Areas designated as Class I, II, or III shall be li mited to the following increases in air pollutant concentrations oc curring over the baseline concentration; provided that for any p eriod other than an annual period, the applicable maximum allow able increase may be exceeded once per year at any one l ocation:

B. The baseline concentration shall be that ambient co ncentration
level which exists in the baseline area at the time of the applicable minor source baseline data. 1. The major source baseline date is: a. January 6, 1975, for sulfur dioxide and particulate matter; and b. February 8, 1988, for nitrogen dioxide.
2. The minor source baseline date shall be the earli est date after August 7, 1977, for sulfur dioxide and partic ulate matter, and February 8, 1988, for nitrogen dioxide, that
either: a. A major source as defined in R18-2-401 or a major modification submits a complete permit application to the Administrator under 40 CFR 52.21; or b. A major source as defined in R18-2-401 or a major modification submits a complete permit application to the Director under R18-2-304(E)(2) or R18-2-

406.
3. A baseline concentration shall be determined for each pollutant for which there is a minor source baselin e date
and shall include both: a. The actual emissions representative of sources in existence on the minor source baseline date, except as provided in subsection (B)(4); and b. The allowable emissions of major sources as defin ed
in R18-2-401 which commenced construction before the major source baseline date but were not in oper ation by the applicable minor source baseline date. 4. The following shall not be included in the baseli ne concentration and shall affect the applicable maximum

allowable increase: a. Actual emissions from any major source as defined
in R18-2-401 on which construction commenced after the major source baseline date; and b. Actual emissions increases and decreases at any s tationary source occurring after the minor source bas eline date.

C. The baseline date shall be established for each pol lutant for which maximum allowable increases or other equivale nt measures have been established if both: 1. The area in which the proposed source or modification would construct is designated as attainment or uncl assifiable for the pollutant on the date of its complete application under either subsection (B)(2)(a) or (b); and 2. In the case of a major source as defined in R18-2 -401, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.

D. The baseline area shall be the AQCR that contains the area, designated as attainment or unclassifiable, in whic h the major source as defined in R18-2-401 or a major modificat ion establishing the minor source baseline date would constr uct or would have an air quality impact equal to or greate r than 1 ug/ m3 (annual average) of the pollutant for which the minor source baseline date is established. Area redesignations under R18-2-217 that would redesignate a baseline area cannot intersect or be smaller than the area of impact of any n ew major source as defined in R18-2-401 or a major modificat ion which
either: 1. Establishes a minor source baseline date; or 2. Is subject to either 40 CFR 52.21 or R18-2-406 an d
would be constructed in Arizona.

E. The maximum allowable concentration of any air poll utant in any area to which subsection (A) applies shall not exceed a concentration for each pollutant equal to the conce ntration permitted under the ambient air quality standards cont ained in this

Article.

F. For purposes of determining compliance with the max imum
allowable increases in ambient concentrations of anair pollutant, the following concentrations of such pollutant shall not be
taken into account: 1. Concentration of such pollutant attributable to the increase in emissions from major and stationary sou rces which have converted from the use of petroleum prod

ucts, or natural gas, or both, by reason of a natur al gas curtailment order which is in effect under the prov isions of Sections 2(a) and (b) of the Energy Supply and E nvironmental Coordination Act of 1974, 15 U.S.C. 792, over the emissions from such sources before the effectiv e date of such order; 2. The concentration of such pollutant attributable to the increase in emissions from major and stationary sou rces CLASS I

Maximum Allowable Increase (Micrograms per cubic meter)

Particulate matter: PM 10 Annual arithmetic mean 4

24-hour maximum 8

Sulfur dioxide:

Annual arithmetic mean 2

24-hour maximum 5

3-hour maximum 25 Nitrogen dioxide:

Annual arithmetic mean 2.5

CLASS II

Particulate matter: PM 10 Annual arithmetic mean 17

24-hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hour maximum 512 Nitrogen dioxide:

Annual arithmetic mean 25

CLASS III

Particulate matter: PM 10 Annual arithmetic mean 34

24-hour maximum 60

Sulfur dioxide:

Annual arithmetic mean 40

24-hour maximum 182

3-hour maximum 700 Nitrogen dioxide:

Annual arithmetic mean 50Supp. 12-1 Page 20 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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which have converted from using gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, 16 U.S.C. 792 - 825r, over the emissions from
such sources before the effective date of the natur al gas curtailment plan;

3. Concentrations of PM 10 attributable to the increase in emissions from construction or other temporary acti vities of a new or modified source;

4. The increase in concentrations attributable to ne w sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and 5. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides, or PM 10 from major sources as defined in R18-2-401 when the following conditions are met: a. The operating permit issued to such sources speci

fies the time period during which the temporary emissions increase of sulfur dioxide, nitrogen oxides, or PM 10 would occur. Such time period shall not be renewable and shall not exceed two years unless a longer period is specifically approved by
the Director. b. No emissions increase shall be approved which
would either: i. Impact any portion of any Class I area or any portion of any other area where an applicable
incremental ambient standard is known to be violated in that portion; or

ii. Cause or contribute to the violation of a state ambient air quality standard. c. The operating permit issued to such sources speci

fies that, at the end of the time period described in subsection (F)(5)(a), the emissions levels from the sources would not exceed the levels occurring before the temporary emissions increase was approved. 6. The exception granted with respect to increment c onsumption under subsections (F)(1) and (2) shall not apply more than five years after the effective date of th e order or natural gas curtailment plan on which the except ion is

based.

G. If the Director or the Administrator determines tha t the SIP is substantially inadequate to prevent significant det erioration or that an applicable maximum allowable increase as sp ecified in subsection (A) is being violated, the SIP shall be revised to correct the inadequacy or the violation. The SIP sh all be revised within 60 days of such a finding by the Dir ector or within 60 days following notification by the Admini strator, or by such later date as prescribed by the Administrat or after consultation with the Director.

H. The Director shall review the adequacy of the SIP o n a periodic basis and within 60 days of such time as information becomes available that an applicable maximum allowa ble increase is being violated.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Editorial c orrection, subsection (A), paragraph (5), subparagraph ( d) (Supp. 80-2). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-217 renumbered without change as Section R18-2-217 (Supp. 87-3). Former Se ction R18-2-218 renumbered to R18-2-219, new Section R18-2-218 renumbered from R18-2- 217(B) and amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1).

R18-2-219. Violations

A. One exceedance per year of the ambient air quality standards prescribed in this Article shall be allowed for eac h pollutant at each monitoring site.

B. Each additional exceedance at each site shall const itute a violation of ambient air quality standards.

C. The provisions of subsection (A) shall not apply to any of the following: 1. The annual and quarterly standards. 2. The standards for ozone prescribed in R18-2-203. 3. The primary and secondary 24-hour PM 10standards prescribed in R18-2-201.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-218 repealed, new Section R9-3-218 adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-218 renumbered without change a s Section R18-2-218 (Supp. 87-3). Former Section R18- 2- 219 renumbered to R18-2-220, new Section R18-2-219 renumbered from R18-2-218 and amended effective Sep

tember 26, 1990 (Supp. 90-3).

R18-2-220. Air pollution emergency episodes

A. Procedures shall be implemented by the Director in order to prevent the occurrence of ambient air pollutant con centrations which would cause significant harm to the health of persons, as specified in subsection (B)(4). The procedures and actions required for each stage are described in the Department’s “Procedures for Prevention of Emergency Episodes,” amen ded as of October 18, 1988 (and no future edition), which is incorporated herein by reference and on file with the Offi ce of the Secretary of State.

B. The following stages are identified by air quality criteria in order to provide for sequential emissions reduction s, public notification and increased Department monitoring an d forecast responsibilities. The declaration of any stage, andthe area of the state affected, shall be based on air quality m easurements and meteorological analysis and forecast. 1. A Stage I air pollution alert shall be declared when any of
the alert level concentrations listed in subsection (B)(4) are exceeded at any monitoring site and when meteor ological conditions indicate that there will be a co ntinuance or recurrence of alert level concentrations fo r the same pollutant during the subsequent 24-hour period . If, 48 hours after an alert has been initially declared , air pollution concentrations and meteorological conditions do not improve, the warning stage control actions shal l be implemented but no warning shall be declared, unles s air quality has deteriorated to the extent described insubsection (B)(2). 2. A Stage II air pollution warning shall be declare d when any of the warning level concentrations listed in s ubsection (B)(4) are exceeded at any monitoring site andwhen meteorological conditions indicate that there will be a
continuance or recurrence of concentrations of the same pollutant exceeding the warning level during the subsequent 24-hour period. If, 48 hours after a warning has been initially declared, air pollution concentratio ns and meteorological conditions do not improve, the emerg ency stage shall be declared and its control actions imp lemented. 3. A Stage III air pollution emergency shall be decl ared when any of the emergency level concentrations list ed in subsection (B)(4) are exceeded at any monitoring si te and when meteorological conditions indicate that there willArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 21 Supp. 12-1 be a continuance or recurrence of concentrations of the same pollutant exceeding the emergency level during the subsequent 24-hour period. 4. Summary of emergency episode and significant harmlevels:

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Editor ial correction, subsection (B), paragraph (2) (Supp. 80 -1). Editorial correction, subsection (A) (Supp. 80-2). Former Section R9-3-219 repealed, new Section R9-3-219 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-219 renumbered without change as Secti on R18-2-219 (Supp. 87-3). Section R18-2-220 renumbere d from R18-2-219 and amended effective September 26,

1990 (Supp. 90-3).

ARTICLE 3. PERMITS AD PERMIT REVISIOS

R18-2-301. Definitions The following definitions, and the definitions cont ained in Article 1 of this Chapter and A.R.S. § 49-401.01 apply to thi s Article unless the context otherwise requires: 1. “Alternative method” means any method of samplingand analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated t o produce results adequate for the Director’s determi nation of compliance in accordance with R18-2-311(D). 2. “Billable permit action” means the issuance or de nial of a new permit, significant permit revision, or minor p ermit revision, or the renewal of an existing permit. 3. “Capacity factor” means the ratio of the average load on a machine or equipment for the period of time conside red to the capacity rating of the machine or equipment. 4. “CEM” means a continuous emission monitoring syst em as defined in R18-2-101. 5. “Complete” means, in reference to an application for a permit, that the application contains all the infor mation necessary for processing the application. Designati ng an application complete for purposes of permit process ing does not preclude the Director from requesting or a ccepting any additional information. 6. “Dispersion technique” means any technique which attempts to affect the concentration of a pollutant in the ambient air by any of the following: a. Using that portion of a stack which exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant accor ding to atmospheric conditions or ambient concentrations of that pollutant; or c. Increasing final exhaust gas plume rise by manipu

lating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This shall not include any of the following: i. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which itwas originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions:(1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility thatincludes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility
that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons.
Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to themerging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions creditfor greater dispersion. Absent a demonstration by the source owner or operatorthat merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of suchmerging in calculating the allowable emissions for the source.iii. Smoke management in agricultural or silvicultural prescribed burning programs.iv. Episodic restrictions on residential woodburning and open burning. v. Techniques which increase final exhaust gasplume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 7. “Emissions allowable under the permit” means a pe rmit term or condition determined at issuance to be requ ired by an applicable requirement that establishes an em issions limit (including a work practice standard) or an emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. 8. “Fossil fuel-fired steam generator” means a furna ce or boiler used in the process of burning fossil fuel f or the primary purpose of producing steam by heat transfer

. 9. “Fuel oil” means Number 2 through Number 6 fuel o ils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4 -GT Pollutant Averaging

Time Alert Warning Emergency Significant

Harm

Carbon
monoxide 1-hr -- -- -- 144

(mg/m 3 ) 4-hr -- -- -- 86.3

8-hr 17 34 46 57.5 Nitrogen
dioxide 1-hr 1,130 2,260 3,000 3,750

(ug/m 3 ) 24-hr 282 565 750 938

Ozone (ppm) 1-hr .2 .4 .5 .6

PM 10 (ug/m 3 ) 24-hr 350 420 500 600

Sulfur
dioxide 24-hr 800 1,600 2,100 2,620

(ug/m 3 )Supp. 12-1 Page 22 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

as specified in ASTM D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90a (Specification f or Diesel Fuel Oils). 10. “Itemized bill” means a breakdown of the permit processing time into the categories of pre-application act ivities, completeness review, substantive review, and public involvement activities, and within each category, afurther breakdown by employee name. 11. “Major source threshold” means the lowest applic able emissions rate for a pollutant that would cause the source to be a major source at the particular time and loc ation, under R18-2-101(64). 12. “NAICS” means the 5- or 6-digit North American I ndustry Classification System-United States, 1997, numb er for industries used by the U.S. Department of Comme rce. 13. “Permit processing time” means all time spent byAir Quality Division staff or consultants on tasks spec ifically related to the processing of an application for the issuance or renewal of a particular permit or permit revisio n, including time spent processing an application that is
denied. 14. “Quantifiable” means, with respect to emissions, including the emissions involved in equivalent emission l imits and emission trades, capable of being measured or o therwise determined in terms of quantity and assessed i n terms of character. Quantification may be based on emission factors, stack tests, monitored values, operat ing rates and averaging times, materials used in a process orproduction, modeling, or other reasonable measurement practices. 15. “Reasonably available control technology” (RACT) means, for facilities subject to an existing source performance standard, the emissions limitation of the exi sting source performance standard. 16. “Replicable” means, with respect to methods or p rocedures, sufficiently unambiguous that the same or equivalent results would be obtained by the application o f the method or procedure by different users. 17. “Responsible official” means one of the followin g: a. For a corporation: a president, secretary, treasu rer, or vice-president of the corporation in charge of a pr incipal business function, or any other person whoperforms similar policy or decision-making functions for the corporation, or a duly authorized rep resentative of such person if the representative is responsible for the overall operation of one or mor e manufacturing, production, or operating facilities applying for or subject to a permit and either: i. The facilities employ more than 250 persons orhave gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); orii. The delegation of authority to such representatives is approved in advance by the permitting authority; b. For a partnership or sole proprietorship: a gener al partner or the proprietor, respectively; c. For a municipality, state, federal, or other publ ic agency: Either a principal executive officer or ranking elected official. For the purposes of this Arti cle, a principal executive officer of a federal agency includes the chief executive officer having respons ibility for the overall operations of a principal ge ographic unit of the agency (e.g., a Regional Administrator of EPA); or d. For affected sources: i. The designated representative in so far asactions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned;

and ii. The designated representative for any other purposes under 40 CFR 70. 18. “Small source” means a source with a potential t o emit, without controls, less than the rate defined as significant in R18-2-101, but required to obtain a permit solely because it is subject to a standard under 40 CFR 63

. 19. “Startup” means the setting in operation of a so urce for

any purpose. 20. “Synthetic minor” means a source with a permit that contains voluntarily accepted emissions limitations, c ontrols, or other requirements (for example, a cap on produc tion rates or hours of operation, or limits on the type of fuel) under R18-2-306.01 to reduce the potential to emit to a level below the major source threshold.

Historical ote Former Section R18-2-301 renumbered to R18-2-302, new Section R18-2-301 adopted effective September 2 6, 1990 (Supp. 90-3). Correction to table in subsectio n (A)(13) (Supp. 93-1). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4074, effec tive September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 7 A.A. R. 5670, effective January 1, 2002 (Supp. 01-4).

R18-2-302. Applicability; Classes of Permits

A. Except as otherwise provided in this Article, no pe rson shall commence construction of, operate, or make a modifi cation to any source subject to regulation under this Article , without obtaining a permit or permit revision from the Dire ctor.
B. There shall be two classes of permits as follows: 1. A Class I permit shall be required for a person t o commence construction of or operate any of the followi ng: a. Any major source, b. Any solid waste incineration unit required to obt ain a permit pursuant to Section 129(e) of the Act, c. Any affected source, or d. Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Director by rule. 2. Unless a Class I permit is required, a Class II p ermit shall be required for: a. A person to commence construction of or operate any of the following: i. Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act; ii. Any source, including an area source, subject to a standard or other requirement under Section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under Section 112 (r) of the Act; iii. Any source that emits or has the potential to emit, without controls, significant quantities of regulated air pollutants; iv. Stationary rotating machinery of greater than 325 brake horsepower; orArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 23 Supp. 12-1

v. Fuel-burning equipment which, at a location orproperty other than a one or two family resisdence, is fired at a sustained rate of more than 1million Btu per hour for more than an eighthour period. b. A person to modify a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than or equal to thos e specified in subsection (B)(2)(a)(iii). c. A person to begin actual construction of a source subject to Article 17 of this Chapter. d. A person to make a modification subject to Articl e 17 of this Chapter to a source for which a permit h as not been issued under this Article.

C. Notwithstanding subsections (A) and (B), the follow ing sources do not require a permit unless the source i s a major source, or unless operation without a permit would result in a

violation of the Act: 1. Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters; 2. Sources and source categories that would be requi red to obtain a permit solely because they are subject to 40 CFR 61.145; and 3. Agricultural equipment used in normal farm operat ions. “Agricultural equipment used in normal farm operati ons” does not include equipment classified as a source t hat requires a permit under Title V of the Act, or thatis subject to a standard under 40 CFR 60 or 61.

D. No person may construct or reconstruct any major so urce of hazardous air pollutants, unless the Director determines that maximum achievable control technology emission limi tation (MACT) for new sources under Section 112 of the Actwill be met. If MACT has not been established by the Admini strator, such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporate d by reference in R18-2-1101(B). For purposes of this subsect ion, constructing and reconstructing a major source shal l have the meaning prescribed in 40 CFR 63.41.

Historical ote Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Amended effective April 12, 1977 (Supp. 77-2 ). Amended effective March 24, 1978 (Supp. 78-2). Form er Section R9-3-301 repealed, new Section R9-3-301 adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended effective M ay 28, 1982 (Supp. 82-3). Amended subsections (B) and (C) effective September 22, 1983 (Supp. 83-5). Amended subsection (B), paragraph (3) effective September 2 8, 1984 (Supp. 84-5). Former Section R9-3-301 renumber ed without change as Section R18-2-301 (Supp. 87-3).
Former Section R18-2-302 renumbered to R18-2-302.01

, new Section R18-2-302 renumbered from R18-2-301 and amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective Novemb er 15, 1993 (Supp. 93-4). Amended effective June 4, 19 98 (Supp. 98-2). Amended by final rulemaking at 12 A.A .R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-302.01.Repealed

Historical ote Amended effective August 7, 1975 (Supp. 75-1); Form er Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective October 2, 1979 (Supp. 79-5). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-302 renumbered without change as Secti onR18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section R18-2-302 and amended effective September 26, 1990 (Supp. 90-3). Section repealed e ffective November 15, 1993 (Supp. 93-4).

R18-2-303. Transition from Installation and Operatin g Permit Program to Unitary Permit Program

A. An installation or operating permit issued before S eptember 1, 1993, and the authority to operate, as provided in Laws 1992, Ch. 299, § 65, continues in effect until either of the following

occurs: 1. The installation or operating permit is terminate d.
2. The Director issues or denies a Class I or Class II permit
to the source.

B. Sources requiring Class I permits that are in exist ence on the date this Section becomes effective shall submit pe rmit applications on or before the following dates: 1. Kraft pulp mills: 5/1/94 2. Metallic mineral processing plants: 5/1/94 3. Portland cement plants: 8/1/94 4. Non-metallic mineral processing plants: 8/1/94
5. Lumber mills: 8/1/94 6. Primary copper smelters: 11/1/94 7. Lime manufacturing plants: 11/1/94 8. Nitric acid plants: 11/1/94
9. Petroleum refineries: 11/1/94 10. Electric utility steam generating units: 2/1/95 11. Combined cycle gas turbines: 2/1/95
12. Fossil-fuel fired industrial and commercial equipment: 2/1/95 13. Stationary gas turbines: 5/1/95 14. Any other source requiring a Class I permit: 5/1 /95

C. Except as provided in subsection (D), sources requi ring Class II permits that are in existence on the date this S ection becomes effective may submit permit applications at any time after this Section is effective and shall submit ap plications within 180 days of receipt of written notice from t he Director that an application is required.

D. All sources requiring a Class II permit under R18-2

- 302(B)(2)(b)(i) and (ii) shall submit complete perm it applications no later than May 1, 1998.

E. Any application for an operating permit or an insta llation permit that is determined to be complete prior to the effective date of this Section but for which no permit has been is sued shall be considered complete for the purposes of this Sectio n. In issuing a permit pursuant to such an application, the D irector shall include in the permit all elements addressed in the application and a schedule of compliance for submitting an appl ication for a permit revision to address the elements required to be in the permit that were not included in the operating perm it or installation permit application. No later than six months after the effective date of this Section, the Director shall take final action on an operating permit application or an ins tallation permit application determined to be complete prior to the
effective date of this Section.

F. Unless otherwise provided, R18-2-317 through R18-2- 323 shall apply to sources with permits issued before the effective
date of this Section.

Historical ote Amended effective August 7, 1975 (Supp. 75-1). Amended effective August 6, 1976 (Supp. 76-4). Form erSupp. 12-1 Page 24 March 31, 2012

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Section R9-3-303 repealed, new Section R9-3-303 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective October 2, 1979 (Supp. 79-5). Amended effective May 28, 1982 (Supp. 82-3). Amende d subsection (D), paragraph (1) effective September 2 8, 1984 (Supp. 84-5). Former Section R9-3-303 renumber ed without change as Section R18-2-303 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective Nov ember 15, 1993 (Supp. 93-4).

R18-2-304. Permit Application Processing Procedures

A. Unless otherwise noted, this Section applies to eac h source requiring a Class I or II permit or permit revision

. B. Standard Application Form and Required Information. To apply for any permit in this Chapter, applicants sh all complete the “Standard Permit Application Form” and supply a ll information required by the “Filing Instructions” as sho wn in Appendix 1. The Director, either upon the Director’ s own initiative or on the request of a permit applicant, may waive a requirement that specific information or data be su bmitted in the application for a Class II permit for a particu lar source or category of sources if the Director determines thatthe information or data would be unnecessary to determine al l of the following: 1. The applicable requirements to which the source m ay be subject; 2. That the source is so designed, controlled, or eq uipped with such air pollution control equipment that it m ay be expected to operate without emitting or without cau sing

to be emitted air contaminants in violation of the provisions of A.R.S. Title 49, Chapter 3, Article 2 and this Chapter; 3. The fees to which the source may be subject; 4. A proposed emission limitation, control, or otherrequirement that meets the requirements of R18-2-306.01.

C. Unless otherwise required by R18-2-303(B) through ( D), a timely application is: 1. For a source, other than a major source, applyingfor a permit for the first time, one that is submitted wi thin 12 months after the source becomes subject to the perm it

program. 2. For purposes of permit renewal, a timely applicat ion is one that is submitted at least six months, but not more than 18 months, prior to the date of permit expirat ion. 3. For initial phase II acid rain permits under Titl e IV of the Act and regulations incorporated pursuant to R18-2- 333, one that is submitted to the Director by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides. 4. Any source under R18-2-326(B)(3) which becomes subject to a standard promulgated by the Administratorpursuant to Section 112(d) of the Act shall, within 12 months of the date on which the standard is promulgated, s ubmit an application for a permit revision demonstrating how the source will comply with the standard.

D. If an applicable implementation plan allows the det ermination of an alternative emission limit, a source may, in its application, propose an emission limit that is equivalent to the emission limit otherwise applicable to the source under the applicable implementation plan. The source shall al so demonstrate that the equivalent limit is quantifiable, a ccountable, enforceable, and subject to replicable compliance d etermination procedures.

E. A complete application shall comply with all of the following: 1. To be complete, an application shall provide all information required by subsection (B) (standard applicati on form section). An application for permit revision o nly need supply information related to the proposed change, unless the source’s proposed permit revision will c hange the permit from a Class II permit to a Class I perm it. A responsible official shall certify the submitted in formation consistent with subsection (H) (Certification of Truth, Accuracy, and Completeness). 2. An application for a new permit or permit revisio n shall contain an assessment of the applicability of the r equirements of Article 4 of this Chapter. If the applican t determines that the proposed new source is a major sourc e as defined in R18-2-401, or the proposed permit revisi on constitutes a major modification as defined in R18- 2-101, then the application shall comply with all applicab le requirements of Article 4. 3. An application for a new permit or a permit revis ion shall contain an assessment of the applicability of the r equirements established under Article 17 of this Chapter. If the applicant determines that the proposed new source p ermit or permit revision is subject to the requirements o f Article 17 of this Chapter, the application shall comply wi th all applicable requirements of that Article. 4. Except for proposed new major sources or major mo difications subject to the requirements of Article 4 of this Chapter, an application for a new permit, a permit revision, or a permit renewal shall be deemed to be com plete unless, within 60 days of receipt of the applicatio n, the Director notifies the applicant by certified mail that the application is not complete. 5. If a source wishes to voluntarily enter into an e missions limitation, control, or other requirement pursuant to R18- 2-306.01, the source shall describe that emissions limitation, control, or other requirement in its application, along with proposed associated monitoring, recordke eping, and reporting requirements necessary to demons trate that the emissions limitation, control, or other re quirement is permanent, quantifiable, and otherwise enfo rceable as a practical matter. 6. If, while processing an application that has beendetermined or deemed to be complete, the Director determ ines that additional information is necessary to evaluat e or take final action on that application, the Director may request such information in writing, delivered by c ertified mail, and set a reasonable deadline for a response. Except for minor permit revisions as set forth in R18-2-31 9, a source’s ability to continue operating without a pe rmit, as set forth in this Article, shall be in effect from the date the application is determined to be complete until the final permit is issued, provided that the applicant submi ts any requested additional information by the deadline sp ecified by the Director. If the Director notifies an applicant that its application is not complete under subsecti on (E)(4), the application may not be deemed automatic ally complete until an additional 60 days after receipt of the next submittal by the applicant. The Director may, after one submittal by the applicant pursuant to this sub section, reject an application that is determined to be stil l incomplete and shall notify the applicant of the decisio n by certified mail. After a rejection under this subsectio n, the Director may deny the permit or revoke an existing permit, as applicable. 7. The completeness determination shall not apply to revisions processed through the minor permit revision p rocess.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 25 Supp. 12-1 8. Activities which are insignificant pursuant to R1 8-2- 101(57) shall be listed in the application. The app lication need not provide emissions data regarding insignifi cant activities. If the Director determines that an acti vity listed as insignificant does not meet the requirements of R18-2- 101(57), the Director shall notify the applicant inwriting and specify additional information required. 9. If a permit applicant requests terms and conditio ns allowing for the trading of emission increases and decre ases in the permitted facility solely for the purpose of co mplying with a federally enforceable emission cap that is e stablished in the permit independent of otherwise appli cable requirements, the permit applicant shall include inits application proposed replicable procedures and perm it terms that ensure the emissions trades are quantifi able
and enforceable. 10. The Director is not in disagreement with a notic e of confidentiality submitted with the application pursuan t to A.R.S. § 49-432.

F. A source applying for a Class I permit that has sub mitted information with an application under a claim of co nfidentiality pursuant to A.R.S. § 49-432 and R18-2-305 shall submit a copy of such information directly to the Administrator.
G. Duty to Supplement or Correct Application. Any appl icant who fails to submit any relevant facts or who has s ubmitted incorrect information in a permit application shall , upon becoming aware of such failure or incorrect submitt al, promptly submit such supplementary facts or correct ed information. In addition, an applicant shall provide add itional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a proposed permit.

H. Certification of Truth, Accuracy, and Completeness. Any application form, report, or compliance certificati on submitted pursuant to this Chapter shall contain certificatio n by a responsible official of truth, accuracy, and completeness . This certification and any other certification required under this Article shall state that, based on information and belief f ormed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

I. Action on Application. 1. The Director shall issue or deny each permit acco rding to the provisions of A.R.S. § 49-427. The Director may issue a permit with a compliance schedule for a sou rce that is not in compliance with all applicable requi rements at the time of permit issuance. 2. In addition, a permit may be issued, revised, or renewed only if all of the following conditions have been m et: a. The application received by the Director for a pe rmit, permit revision, or permit renewal shall be co mplete according to subsection (E). b. Except for revisions qualifying as administrative or minor under R18-2-318 and R18-2-319, all of the requirements for public notice and participation
under R18-2-330 shall have been met. c. For Class I permits, the Director shall have comp lied with the requirements of R18-2-307 for notifying and responding to affected states, and if applicabl e, other notification requirements of R18-2-402(D)(2) and R18-2-410(C)(2). d. For Class I and II permits, the conditions of the permit shall require compliance with all applicable requirements. e. For permits for which an application is required to be submitted to the Administrator under R18-2- 307(A), and to which the Administrator has properly objected to its issuance in writing within 45 days of receipt of the proposed final permit and all necess ary supporting information from the Department, the Director has revised and submitted a proposed final permit in response to the objection and EPA has not objected to this proposed final permit. f. For permits to which the Administrator has object ed to issuance pursuant to a petition filed under 40 C FR 70.8(d), the administrator’s objection has been
resolved. g. For a Class II permit that contains voluntary emi ssion limitations, controls, or other requirements established pursuant to R18-2-306.01, the Director shall have complied with the requirement of R18-2- 306.01(C) to provide the Administrator with a copy of the proposed permit. 3. If the Director denies a permit under this Sectio n, a notice shall be served on the applicant by certified mail, return receipt requested. The notice shall include a state ment detailing the grounds for the denial and a statemen t that the permit applicant is entitled to a hearing. 4. The Director shall provide a statement that sets forth the legal and factual basis for the proposed permit con ditions including references to the applicable statutory orregulatory provisions. The Director shall send this state ment to any person who requests it and, for Class I permits , to the

Administrator. 5. Except as provided in R18-2-303 and R18-2-402, re gulations promulgated under Title IV or V of the Act, o r the permitting of affected sources under the acid rain program pursuant to R18-2-333, the Director shall take final action on each permit application (and request for revision or renewal) within 18 months after receiving acomplete application. 6. Priority shall be given by the Director to takingaction on applications for construction or modification submi tted pursuant to Title I, Parts C (Prevention of Signifi cant Deterioration) and D (New Source Review) of the Act

. 7. A proposed permit decision shall be published within nine months of receipt of a complete application an d any additional information requested pursuant to subsec tion (E)(6) to process the application. The Director sha ll provide notice of the decision as provided in R18-2-33 0 and any public hearing shall be scheduled as expeditiou sly as possible.

J. Requirement for a Permit. Except as noted under the provisions in R18-2-317 and R18-2-319, no source may ope rate after the time that it is required to submit a time ly and complete application, except in compliance with a perm it issued pursuant to this Chapter. However, if a source unde r R18-2- 326(B)(3) submits a timely and complete applicationfor continued operation under a permit revision or renewal , the source’s failure to have a permit is not a violatio n of this Article until the Director takes final action on the ap plication. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by the deadline specified in writing by the Director, any addi tional information identified as being needed to process the application.

Historical ote Amended effective August 7, 1975 (Supp. 75-1). Form er Section R9-3-304 repealed, new Section R9-3-304 for

merly Section R9-3-305 renumbered and amended effec

tive August 6, 1976 (Supp. 76-4). Former Section R9 -3- 304 repealed, new Section R9-3-304 adopted effectiv e May 14, 1979 (Supp. 79-1). Amended effective Octobe rSupp. 12-1 Page 26 March 31, 2012

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2, 1979 (Supp. 79-5). Former Section R9-3-304 repea led, new Section R9-3-304 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-304 renumbered wi thout change as Section R18-2-304 (Supp. 87-3). Amend ed effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15

, 1993 (Supp. 93-4). Amended effective October 7, 199 4 (Supp. 94-4). Amended effective August 1, 1995 (Sup p. 95-3). The reference to R18-2-101(54) in subsection (E)(8) corrected to reference R18-2-101(57) (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effect ive December 20, 1999 (Supp. 99-4). Amended by final ru lemaking at 12 A.A.R. 1953, effective January 1, 2007

(Supp. 06-2).

R18-2-305. Public Records; Confidentiality

A. The Director shall make all permits, including all elements required to be in the permit pursuant to R18-2-306, available to the public. No permit shall be issued unless the information required by R18-2-306 is present in the permit.

B. A notice of confidentiality pursuant to A.R.S. § 49 -432(C)
shall: 1. Precisely identify the information in the documen ts submitted which is considered confidential. 2. Contain sufficient supporting information to allo w the

Director to evaluate whether such information satis fies the requirements related to trade secrets or, if ap plicable, how the information, if disclosed, is likely to cau se substantial harm to the person’s competitive position.

C. Within 30 days of receipt of a notice of confidenti ality that complies with subsection (B) above, the Director sh all make a

determination as to whether the information satisfi es the requirements for trade secret or competitive positi on pursuant to A.R.S. § 49-432(C)(1) and so notify the applicant in writing. If the Director agrees with the applicant thatthe information covered by the notice of confidentiality satis fies the statutory requirements, the Director shall include a notice in the file for the permit or permit application that certain information has been considered confidential.

D. If the Director takes action pursuant to A.R.S. § 4 9-432(D) and obtains a final order authorizing disclosure, t he Director shall place the information in the public file and shall notify any person who has requested disclosure. If the court determines that the information is not subject to disclo sure, the Director shall provide the notice specified in subs ection (C)
above.

Historical ote Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Former Section R9-3-306 renumbered as Sectio n R9-3-305 effective August 6, 1976. References chang ed to conform (Supp. 76-4). Amended effective April 12

, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-305 repealed, new Section R9-3-305 adopted effective May 14, 1979 (Su pp. 79-1). Amended effective October 2, 1979 (Supp. 79- 5). Former Section R9-3-305 repealed, new Section R9-3- 305 adopted effective May 28, 1982 (Supp. 82-3). Fo rmer Section R9-3-305 renumbered without change as R18-2

- 305 (Supp. 87-3). Section repealed, new Section ado pted effective November 15, 1993 (Supp. 93-4).

R18-2-306. Permit Contents

A. Each permit issued by the Director shall include th e following
elements: 1. The date of issuance and the permit term. 2. Enforceable emission limitations and standards, i ncluding operational requirements and limitations that e nsure compliance with all applicable requirements at the time of issuance and operational requirements and limitations that have been voluntarily accepted under R18-2-306 .01. a. The permit shall specify and reference the origin of and authority for each term or condition and identi fy any difference in form as compared to the applicabl e requirement upon which the term or condition is
based. b. The permit shall state that, if an applicable requirement of the Act is more stringent than an applicabl e requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporate d into the permit and shall be enforceable by the
Administrator.c. Any permit containing an equivalency demonstration for an alternative emission limit submitted under R18-2-304(D) shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. d. The permit shall specify applicable requirements for fugitive emission limitations, regardless of whethe r the source category in question is included in the list of sources contained in the definition of major

source in R18-2-101. 3. Each permit shall contain the following requireme nts with respect to monitoring: a. All monitoring and analysis procedures or test me thods required under applicable monitoring and testin g requirements, including: i. Monitoring and analysis procedures or test methods under 40 CFR 64; ii. Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act;
and iii. Monitoring and analysis procedures or test methods required under R18-2-306.01. b. 40 CFR 64 as adopted July 1, 1998, is incorporate d by reference and on file with the Department and th e Office of the Secretary of State. This incorporatio nby reference contains no future editions or amendments. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as th e monitoring or testing applicable requirements not included in the permit as a result of such streamli ning; c. If the applicable requirement does not require pe riodic testing or instrumental or noninstrumental mon

itoring (which may consist of recordkeepingdesigned to serve as monitoring), periodic monitoring sufficient to yield reliable data from the rele vant time period that are representative of the source’scompliance with the permit as reported under subsection (A)(4). The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consiste nt with the applicable requirement, and as otherwiserequired under R18-2-306.01. Recordkeeping provisions may be sufficient to meet the requirements of this subsection; andArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 27 Supp. 12-1

d. As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods. 4. The permit shall incorporate all applicable recor dkeeping requirements including recordkeeping requirements established under R18-2-306.01, for the following: a. Records of required monitoring information that include the following: i. The date, place as defined in the permit, and time of sampling or measurement; ii. The date any analyses was performed;iii. The name of the company or entity that performed the analysis; iv. A description of the analytical technique or method used; v. The results of any analysis; and vi. The operating conditions existing at the time of sampling or measurement; b. Retention of records of all required monitoring d ata and support information for a period of at least fi veyears from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance recor ds and all original strip-chart recordings for continu ous monitoring instrumentation and copies of all report s required by the permit. 5. The permit shall incorporate all applicable reporting requirements including reporting requirements estab

lished under R18-2-306.01 and require the following : a. Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements shall be clearly identifie d in the reports. All required reports shall be certi fied by a responsible official consistent with R18-2- 304(H) and R18-2-309(A)(5). b. Prompt reporting of deviations from permit requir ements, including those attributable to upset conditions as defined in the permit, the probable cause of the deviations, and any corrective actions or preve ntive measures taken. Notice that complies with subsection (E)(3)(d) shall be considered prompt for th e purposes of this subsection (A)(5)(b). 6. A permit condition prohibiting emissions exceedin g any allowances the source lawfully holds under Title IVof the Act or the regulations promulgated thereunder. a. A permit revision is not required for increases i n emissions that are authorized by allowances acquired under the acid rain program, if the increases do not require a permit revision under any other applicable requirement. b. A limit shall not be placed on the number of allo wances held by the source. The source shall not, how

ever, use allowances as a defense to noncompliance with any other applicable requirement. c. Any allowance shall be accounted for according tothe procedures established in regulations promulgated under Title IV of the Act. d. Any permit issued under the requirements of this Chapter and Title V of the Act to a unit subject to the provisions of Title IV of the Act shall include con ditions prohibiting all of the following:
i. Annual emissions of sulfur dioxide in excess of

the number of allowances to emit sulfur dioxide held by the owner or operator of the unit or thedesignated representative of the owner or operator, ii. Exceedances of applicable emission rates, iii. Use of any allowance before the year for which it is allocated, and iv. Contravention of any other provision of the permit. 7. A severability clause to ensure the continued val idity of the various permit requirements in the event of a c hallenge to any portion of the permit. 8. Provisions stating the following: a. The permittee shall comply with all conditions of the permit including all applicable requirements of Ari

zona air quality statutes A.R.S. Title 49, Chapter 3, and the air quality rules, 18 A.A.C. 2. Any permit noncompliance is grounds for enforcement action; for a permit termination, revocation and reissuance

, or revision; or for denial of a permit renewal appl ication. Noncompliance with any federally enforceable requirement in a permit is a violation of the Act. b. It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce the permitted activity in or der to maintain compliance with the conditions of the permit. c. The permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, rev ocation and reissuance, or termination, or of a noti fication of planned changes or anticipated noncompliance does not stay any permit condition. d. The permit does not convey any property rights of any sort, or any exclusive privilege to the permit
holder. e. The permittee shall furnish to the Director, with in a reasonable time, any information that the Director may request in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. Upon the Director’s request, the permit

tee shall also furnish to the Director copies of records required to be kept by the permit. For info rmation claimed to be confidential, the permittee shall furnish a copy of the records directly to the Administrator along with a claim of confidentiality

. f. For any major source operating in a nonattainment area for all pollutants for which the source is cla ssified as a major source, the source shall comply wit h reasonably available control technology. 9. A provision to ensure that the source pays fees t o the Director under A.R.S. § 49-426(E), R18-2-326, and R 18-

2-511. 10. A provision stating that a permit revision shall not be required under any approved economic incentives, marketable permits, emissions trading, and other simil ar programs or processes for changes provided for in the permit. 11. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its appli cation as approved by the Director. The terms and conditions shall: a. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating; b. Extend the permit shield described in R18-2-325 t o all terms and conditions under each such operating scenario; andSupp. 12-1 Page 28 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

c. Ensure that the terms and conditions of each such alternative scenario meet all applicable requiremen ts and the requirements of this Chapter. 12. Terms and conditions, if the permit applicant re quests them, and as approved by the Director, for the trad ing of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading the increases and decreases without a c ase-bycase approval of each emissions trade. The terms an d
conditions: a. Shall include all terms required under subsection s (A) and (C) to determine compliance; b. Shall not extend the permit shield in subsection (D)
to all terms and conditions that allow the increase s and decreases in emissions; c. Shall not include trading that involves emission units for which emissions are not quantifiable or f or which there are no replicable procedures to enforce the emissions trades; and d. Shall meet all applicable requirements and requir ements of this Chapter. 13. Terms and conditions, if the permit applicant re quests them and they are approved by the Director, settingforth intermittent operating scenarios including potentia l periods of downtime. If the terms and conditions are included, the state’s emissions inventory shall not reflect the zero emissions associated with the periods of d owntime. 14. Upon request of a permit applicant, the Director shall issue a permit that contains terms and conditions a llowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of comply ing with a federally enforceable emission cap establish ed in the permit independent of otherwise applicable requ irements. The permit applicant shall include in its ap plication proposed replicable procedures and permit term s that ensure the emissions trades are quantifiable and en forceable. The Director shall not include in the emissio ns trading provisions any emissions units for which emissi ons are not quantifiable or for which there are no repl icable procedures to enforce the emissions trades. The permit shall also require compliance with all applicable r equirements. Changes made under this subsection shall not include modifications under any provision of Title I of

the Act and shall not exceed emissions allowable un der the permit. The terms and conditions shall provide, for Class I sources, for notice that conforms to R18-2- 317(D) and (E), and for Class II sources, for logging thatconforms to R18-2-317.02(B)(5). In addition, the notic es for
Class I and Class II sources shall describe how the increases and decreases in emissions will comply wi th the terms and conditions of the permit. 15. Other terms and conditions as are required by th e Act, A.R.S. Title 49, Chapter 3, Articles 1 and 2, and the rules adopted in 18 A.A.C. 2.

B. Federally-enforceable Requirements. 1. The following permit conditions shall be enforceable by
the Administrator and citizens under the Act: a. Except as provided in subsection (B)(2), all term s and conditions in a Class I permit, including any provision designed to limit a source’s potential to emit; b. Terms or conditions in a Class II permit setting forth federal applicable requirements; and c. Terms and conditions in any permit entered into v oluntarily under R18-2-306.01, as follows: i. Emissions limitations, controls, or other requirements; and ii. Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls, or other requirements in subsection (B)(1)(c)(i). 2. Notwithstanding subsection (B)(1)(a), the Directo r shall specifically designate as not being federally enfor ceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements.

C. Each permit shall contain a compliance plan as spec ified in

R18-2-309.

D. Each permit shall include the applicable permit shi eld provisions under R18-2-325.

E. Emergency provision. 1. An “emergency” means any situation arising from s udden and reasonably unforeseeable events beyond the control of the source, including acts of God, that requires immediate corrective action to restore normal operationand that causes the source to exceed a technology-basedemission limitation under the permit, due to unavoidabl e increases in emissions attributable to the emergenc y. An emergency shall not include noncompliance to the ex tent caused by improperly designed equipment, lack of pr eventative maintenance, careless or improper operati on, or operator error. 2. An emergency constitutes an affirmative defense t o an action brought for noncompliance with technology-ba sed

emission limitations if the conditions of subsectio n (E)(3)

are met. 3. The affirmative defense of emergency shall be dem onstrated through properly signed, contemporaneous op erating logs, or other relevant evidence that:a. An emergency occurred and the permittee can identify the cause or causes of the emergency; b. At the time of the emergency the permitted facili ty was being properly operated; c. During the period of the emergency, the permittee took all reasonable steps to minimize levels of emi ssions that exceeded the emissions standards or othe r requirements in the permit; and d. The permittee submitted notice of the emergency t o the Director by certified mail, facsimile, or hand delivery within two working days of the time when
emission limitations were exceeded due to the emergency. This notice shall contain a description of the emergency, any steps taken to mitigate emissions,
and corrective action taken. 4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. 5. This provision is in addition to any emergency or upset provision contained in any applicable requirement.

F. A Class I permit issued to a major source shall require that revisions be made under R18-2-321 to incorporate ad ditional applicable requirements adopted by the Administrato r under the Act that become applicable to a source with a p ermit with a remaining permit term of three or more years. A rev ision shall not be required if the effective date of the applic able requirement is after the expiration of the permit. The rev isions shall be made as expeditiously as practicable, but not later than 18 months after the promulgation of the standards and regulations. Any permit revision required under this subs ection shall comply with R18-2-322 for permit renewal and shall reset the five-year permit term.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 29 Supp. 12-1 Historical ote Adopted effective August 7, 1975 (Supp. 75-1). Form er Section R9-3-307 renumbered as Section R9-3-306 effective August 6, 1976. Reference changed to conform (Supp. 76-4). Former Section R9-3-306 repealed, new Section R9-3-306 adopted effective May 14, 1979 (Su pp. 79-1). Amended effective October 2, 1979 (Supp. 79- 5). Amended effective July 9, 1980 (Supp. 80-4). Amende d subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-306 renumbered without change as R18-2-306 (Supp. 87-3). Amended subsection (I) effective December 1, 1988 (Supp. 88 -4). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective Nov ember 15, 1993 (Supp. 93-4). Amended effective August1, 1995 (Supp. 95-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A. R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effect ive

December 20, 1999 (Supp. 99-4).

R18-2-306.01.Permits Containing Voluntarily Accepte d Emission Limitations and Standards

A. A source may voluntarily propose in its application , and accept in its permit, emissions limitations, contro ls, or other requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoidclassification as a source that requires a Class I permit or to avoid one or more other applicable requirements. For the purpose s of this Section, “enforceable as a practical matter” means that specific means to assess compliance with an emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliance to be readily deter mined by an inspection of records and reports.

B. In order for a source to obtain a permit containingvoluntarily accepted emissions limitations, controls, or other requirements, the source shall demonstrate all of the foll owing in its permit application: 1. The emissions limitations, controls, or other req uirements to be imposed for the purpose of avoiding an applic able requirement are at least as stringent as the emissi ons limitations, controls, or other requirements that wouldotherwise be applicable to that source, including those that originate in an applicable implementation plan; and the permit does not waive, or make less stringent, any limitations or requirements contained in or issued pursuant to an applicable implementation plan, or that are othe rwise federally enforceable. 2. All voluntarily accepted emissions limitations, c ontrols, or other requirements will be permanent, quantifiab le, and otherwise enforceable as a practical matter.

C. At the same time as notice of proposed issuance is first published pursuant to A.R.S. § 49-426(D), the Director shall send a copy of any Class II permit proposed to be issued pursuant to this Section to the Administrator for review duringthe comment period described in the notice pursuant to R18 -2-330(D).

D. The Director shall send a copy of each final permitissued pursuant to this Section to the Administrator.

Historical ote Adopted effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 12 A.A.R. 1953, effe ctive January 1, 2007 (Supp. 06-2).

R18-2-306.02.Establishment of an Emissions Cap

A. An applicant may, in its application for a new perm it, renewal of an existing permit, or as a significant permit r evision, request an emissions cap for a particular pollutant expressed in tons per year as determined on a 12-month rolling average, or any shorter averaging time necessary to enforce anyapplicable requirement, for any emissions unit, combination of emissions units, or an entire source to allow operating flexi bility including emissions trading for the purpose of complying with the cap. This Section shall not apply to sources that h old an authority to operate under a general permit pursuant to Article 5 of this Chapter.

B. An emissions cap for a Class II source that limits the emissions of a particular pollutant for the entire source sha ll not exceed any of the following: 1. The applicable requirement for the pollutant if e xpressed in tons per year; 2. The source’s actual emissions plus the applicable significance level for the pollutant established in R18-2- 101(104); 3. The applicable major source threshold for the pol lutant;

or 4. A sourcewide emission limitation for the pollutan t voluntarily agreed to by the source under R18-2-306.01.

C. In order to incorporate an emissions cap in a permi t the applicant must demonstrate to the Director that terms an d conditions in the permit will: 1. Ensure compliance with all applicable requirement s for the pollutant; 2. Contain replicable procedures to ensure that the emissions cap is enforceable as a practical matter and emissions trading conducted under it is quantifiable an d enforceable as a practical matter. For the purposes of this Section, “enforceable as a practical matter” shall include the following criteria:a. The permit conditions are permanent and quantifiable; b. The permit includes a legally enforceable obligat ion to comply; c. The limits impose an objective and quantifiable operational or production limit or require the use of in-place air pollution control equipment; d. The permit limits have short-term averaging times consistent with the averaging times of the applicab le requirement; e. The permit conditions are enforceable and are ind ependent of any other applicable limitations; andf. The permit conditions for monitoring, recordkeeping, and reporting requirements are sufficient to comply with R18-2-306(A)(3),(4), and (5). 3. For a Class I permit, include all terms required under R18-2-306(A) and R18-2-309.

D. Class I sources shall log an increase or decrease i n actual emissions authorized as a trade under an emissions cap unless an applicable requirement requires notice to the Direc tor. The log shall contain the information required by the permi t including, at a minimum, when the proposed emissions increase or decrease occurred, a description of the physical ch ange or change in method of operation that produced the inc rease or decrease, the change in emissions from the physicalchange or change in method of operation, and how the increase or decrease in emissions complies with the permit. Cla ss II sources shall comply with R18-2-317.02(B)(5).

E. The Director shall not include in an emissions cap or emissions trading allowed under a cap any emissions uni t for which the emissions are not quantifiable or for which the re are no replicable procedures or practical means to enforce emissions
trades.Supp. 12-1 Page 30 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Historical ote New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

R18-2-307. Permit Review by the EPA and Affected Sta tes
A. Except as provided in R18-2-304(F) and as waived bythe Administrator, for each Class I permit, a copy of e ach of the following shall be provided to the Administrator as follows: 1. The applicant shall provide a complete copy of th e application including any attachments, compliance plans, and other information required by R18-2-304(E) at the t ime of submittal of the application to the Director. 2. The Director shall provide the proposed final permit after public and affected state review. 3. The Director shall provide the final permit at th e time of
issuance.

B. The Director shall keep all records associated with all permits for a minimum of five years from issuance.

C. No permit for which an application is required to b e submitted to the Administrator under subsection (A) shall be issued if the Administrator properly objects to its issuance in writing within 45 days of receipt of the proposed final permit fro m the Department and all necessary supporting information

. D. Review by Affected States. 1. For each Class I permit, the Director shall provi de notice of each proposed permit to any affected state on or before the time that the Director provides this notice to the public as required under R18-2-330 except to the exten t R18- 2-319 requires the timing of the notice to be diffe rent. 2. If the Director refuses to accept a recommendatio n of any affected state submitted during the public or affec ted state review period, the Director shall notify the Admini strator and the affected state in writing. The notificationshall include the Director’s reasons for not accepting any such recommendation and shall be provided to the Adminis trator as part of the submittal of the proposed final permit. The Director shall not be required to accept recomm endations that are not based on federal applicable requ irements or requirements of state law.

E. Any person who petitions the Administrator pursuantto 40 CFR 70.8(d) shall notify the Department by certifie d mail of such petition as soon as possible, but in no case m ore than 10 days following such petition. Such notice shall inc lude the grounds for objection and whether such objections w ere raised during the public comment period. If the Administrator objects to the permit as a result of a petition filed underthis subsection, the Director shall not issue the permit until EPA’s objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requi rements if the permit was issued after the end of the 45-day admin istrative review period and prior to the Administrator’s obje ction.

F. If the Director has issued a permit prior to receip t of the Administrator’s objection under subsection (E), andthe Administrator indicates that it should be revised, terminated, or revoked and reissued, the Director shall reopen the permit in accordance with R18-2-321 and may thereafter iss ue only a revised permit that satisfies the Administrator’s o bjection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete applic ation.

G. Prohibition on Default Issuance. 1. No Class I permit including a permit renewal or r evision

shall be issued until affected states and the Admin istrator have had an opportunity to review the proposed perm it. 2. No permit or renewal shall be issued unless the D irector has acted on the application. Historical ote Adopted effective August 7, 1975 (Supp. 75-1). Form er Section R9-3-307 renumbered as Section R9-3-306 effective August 6, 1976 (Supp. 76-4). New Section R9-3- 307 adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Former Sect ion R9-3-307 repealed, new Section R9-3-307 adopted effective May 28, 1982 (Supp. 82-3). Amended subsection (B)(4)(b) effective September 22, 1983 (Supp. 83-5)

. Former Section R9-3-307 renumbered without change a s R18-2-307 (Supp. 87-3). Section repealed, new Secti on adopted effective November 15, 1993 (Supp. 93-4).

R18-2-308. Emission Standards and Limitations Wherever applicable requirements apply different st andards or limitations to a source for the same item, all applica ble requirements shall be included in the permit.

Historical ote Adopted effective August 7, 1975 (Supp. 75-1). Form er Section R9-3-308 repealed, new Section R9-3-308 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-308 renumbered without change as R18-2

- 308 (Supp. 87-3). Amended effective December 1, 198 8 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-309. Compliance Plan; Certification All permits shall contain the following elements wi th respect to compliance: 1. The elements required by R18-2-306(A)(3), (4), an d (5). 2. Requirements for certifications of compliance with terms and conditions contained in the permit, including e missions limitations, standards, and work practices. P ermits shall include each of the following: a. The frequency of submissions of compliance certifications, which shall not be less than annually; b. The means to monitor the compliance of the source with its emissions limitations, standards, and work practices; c. A requirement that the compliance certification include all of the following (the identification ofapplicable information may cross-reference the permit or previous reports, as applicable):

i. The identification of each term or condition of the permit that is the basis of the certification;
ii. The identification of the methods or othermeans used by the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and other means shall include, at a minimum, the methods and means required under R18-2-306(A)(3). If necessary, the owneror operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly makinga false certification or omitting material information; iii. The status of compliance with the terms and conditions of the permit for the period coveredby the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the methods or means designated in subsection (2)(c)(ii). The certification shall identify eachdeviation and take it into account in the compliance certification. For emission units subject toArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 31 Supp. 12-1

40 CFR 64, the certification shall also identify as possible exceptions to compliance any period during which compliance is required and
in which an excursion or exceedance defined under 40 CFR 64 occurred; andiv. Other facts the Director may require to determine the compliance status of the source. d. A requirement that permittees submit all complian ce certifications to the Director. Class I permittees shallalso submit compliance certifications to the Administrator. e. Additional requirements specified in sections 114(a)(3) and 504(b) of the Act or pursuant to R18-

2-306.01. 3. A requirement for any document required to be sub mitted by a permittee, including reports, to contain a certification by a responsible official of truth, accuracy, and completeness. This certification and any other certifi cation required under this Section shall state that, based on information and belief formed after reasonable inqu iry,

the statements and information in the document are true, accurate, and complete. 4. Inspection and entry provisions that require that upon presentation of proper credentials, the permittee s hall
allow the Director to: a. Enter upon the permittee’s premises where a sourc e is located, emissions-related activity is conducted , or records are required to be kept under the condition s of the permit; b. Have access to and copy, at reasonable times, any records that are required to be kept under the cond itions of the permit; c. Inspect, at reasonable times, any facilities, equ ipment (including monitoring and air pollution contro l equipment), practices, or operations regulated or required under the permit; d. Sample or monitor, at reasonable times, substance sor parameters for the purpose of assuring compliance with the permit or other applicable requirements; and e. Record any inspection by use of written, electron ic, magnetic, or photographic media. 5. A compliance plan that contains all the following : a. A description of the compliance status of the sou rce with respect to all applicable requirements; b. A description as follows: i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements; ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and iii. For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements; c. A compliance schedule as follows: i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements; ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source willmeet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement; iii. A schedule of compliance for sources that arenot in compliance with all applicable requirements at the time of permit issuance. The
schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirement for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or
administrative order to which the source is subject. The schedule of compliance shall supplement, and shall not sanction noncompliance with, the applicable requirements on which it is
based. d. A schedule for submission of certified progress reports no less frequently than every six months fo r sources required to have a schedule of compliance t oremedy a violation. The progress reports shall contain: i. Dates for achieving the activities, milestones,or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; andii. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. 6. The compliance plan content requirements specifie d in subsection (5) shall apply and be included in the a cid rain portion of a compliance plan for an affected source

, except as specifically superseded by regulations pr omulgated under Title IV of the Act, and incorporated under R18-2-333 with regard to the schedule and each meth od the source will use to achieve compliance with the acid
rain emissions limitations. 7. If there is a Federal Implementation Plan (FIP) a pplicable to the source, a provision that compliance with the FIP is required.

Historical oteAdopted effective May 14, 1979 (Supp. 79-1). Amendment filed September 18, 1979, effective following the adoption of Article 7. Nonferrous Smelter Orders. Amended effective October 2, 1979 (Supp. 79-5). Art icle 7. Nonferrous Smelter Orders adopted effective Janu ary 8, 1980. Amendment filed September 18, 1979 effecti ve January 8, 1980 (Supp. 80-2). Amended effective Sep

tember 28, 1984 (Supp. 84-5). Former Section R9-3-3 09 renumbered without change as R18-2-309 (Supp. 87-3)

. Section repealed, new Section adopted effective Nov ember 15, 1993 (Supp. 93-4). Amended effective Octobe r 7, 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A. R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 2833, effe ctive June 17, 2004 (Supp. 04-2).Supp. 12-1 Page 32 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

R18-2-310. Affirmative Defenses for Excess Emissions Due to Malfunctions, Startup, and Shutdown

A. Applicability.
This rule establishes affirmative defenses for cert ain emissions
in excess of an emission standard or limitation and applies to all emission standards or limitations except for st andards or
limitations: 1. Promulgated pursuant to Sections 111 or 112 of th e Act, 2. Promulgated pursuant to Titles IV or VI of the Cl ean Air Act, 3. Contained in any Prevention of Significant Deteri oration (PSD) or New Source Review (NSR) permit issued by the U.S. E.P.A., 4. Contained in R18-2-715(F), or 5. Included in a permit to meet the requirements of R18-2- 406(A)(5).

B. Affirmative Defense for Malfunctions. Emissions in excess of an applicable emission limit ation due
to malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an app licable

emission limitation due to malfunction has an affir mative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial acti on seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of R18-2-3 10.01 and has demonstrated all of the following:

1. The excess emissions resulted from a sudden and unavoidable breakdown of process equipment or air p ollution control equipment beyond the reasonable control of the operator; 2. The air pollution control equipment, process equi pment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizi ng emissions; 3. If repairs were required, the repairs were made i n an expeditious fashion when the applicable emission li mitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off-shif t labor and overtime were not utilized, the owner or operat or satisfactorily demonstrated that the measures were imp racticable; 4. The amount and duration of the excess emissions ( including any bypass operation) were minimized to the max imum extent practicable during periods of such emiss ions; 5. All reasonable steps were taken to minimize the i mpact of the excess emissions on ambient air quality; 6. The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or main tenance; 7. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source; 8. The excess emissions did not stem from any activi ty or event that could have been foreseen and avoided, or planned, and could not have been avoided by better operations and maintenance practices; 9. All emissions monitoring systems were kept in ope ration if at all practicable; and 10. The owner or operator’s actions in response to the excess emissions were documented by contemporaneous

records.

C. Affirmative Defense for Startup and Shutdown. 1. Except as provided in subsection (C)(2), and unle ss otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitatio n due to startup and shutdown shall constitute a violation. The owner or operator of a source with emissions in exc ess of an applicable emission limitation due to startup an d shutdown has an affirmative defense to a civil or admin istrative enforcement proceeding based on that violation

, other than a judicial action seeking injunctive rel ief, if the owner or operator of the source has complied with the reporting requirements of R18-2-310.01 and has demo nstrated all of the following: a. The excess emissions could not have been prevente d through careful and prudent planning and design; b. If the excess emissions were the result of a bypa ss of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe da mage to air pollution control equipment, production equipment, or other property; c. The source’s air pollution control equipment, pro

cess equipment, or processes were at all times main

tained and operated in a manner consistent with good practice for minimizing emissions;
d. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions; e. All reasonable steps were taken to minimize theimpact of the excess emissions on ambient air quality; f. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source; g. All emissions monitoring systems were kept in ope ration if at all practicable; and h. The owner or operator’s actions in response to th eexcess emissions were documented by contemporaneous records.
2. If excess emissions occur due to a malfunction du ring routine startup and shutdown, then those instances shall be treated as other malfunctions subject to subsection (B).

D. Affirmative Defense for Malfunctions During Schedul ed

Maintenance.
If excess emissions occur due to a malfunction duri ng scheduled maintenance, then those instances will be treated as other malfunctions subject to subsection (B).

E. Demonstration of Reasonable and Practicable Measure s. For an affirmative defense under subsection (B) or (C), the owner or operator of the source shall demonstrate, through submission of the data and information required by this Section and R18-2-310.01, that all reasonable and prac ticable measures within the owner or operator’s control wer e implemented to prevent the occurrence of the excess emis sions.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective June 19, 1981 (Supp. 81-3). Amended Arizo na Testing Manual for Air Pollutant Emissions, effecti ve September 22, 1983 (Supp. 83-5). Amended Arizona Testing Manual for Air Pollutant Emissions, as of S eptember 15, 1984, effective August 9, 1985 (Supp. 85 -4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-310 renumbered without change a s R18-2-310 (Supp. 87-3). Amended effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). S ection repealed; new Section adopted by final rulemak ing atArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 33 Supp. 12-1 7 A.A.R. 1164, effective February 15, 2001 (Supp. 0 1-1).

R18-2-310.01. Reporting Requirements

A. The owner or operator of any source shall report to the Director any emissions in excess of the limits establish ed by this Chapter or the applicable permit. The report shall be in two parts as specified below: 1. Notification by telephone or facsimile within 24 hours of the time the owner or operator first learned of the occurrence of excess emissions that includes all availab le information from subsection (B). 2. Detailed written notification by submission of anexcess emissions report within 72 hours of the notificatio n under subsection (1).

B. The excess emissions report shall contain the follo wing information: 1. The identity of each stack or other emission point where the excess emissions occurred; 2. The magnitude of the excess emissions expressed i n the units of the applicable emission limitation and the operating data and calculations used in determining the m agnitude of the excess emissions; 3. The time and duration or expected duration of the excess emissions; 4. The identity of the equipment from which the exce ss emissions emanated; 5. The nature and cause of the emissions; 6. The steps taken, if the excess emissions were the result of a malfunction, to remedy the malfunction and the st eps taken or planned to prevent the recurrence of the m alfunctions; 7. The steps that were or are being taken to limit the excess emissions; and 8. If the source’s permit contains procedures govern ing source operation during periods of startup or malfunction and the excess emissions resulted from startup or m alfunction, a list of the steps taken to comply with the permit procedures.

C. In the case of continuous or recurring excess emiss ions, the notification requirements of this Section shall be satisfied if the source provides the required notification afterexcess emissions are first detected and includes in the notifi cation an estimate of the time the excess emissions will continue . Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally report ed shall require additional notification pursuant to subsect ions (A) and (B).

Historical ote New Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1).

R18-2-311. Test Methods and Procedures

A. Except as otherwise specified in this Chapter, the applicable procedures and testing methods contained in the Ari zona Testing Manual; 40 CFR 52, Appendices D and E; 40 CFR 6 0, Appendices A through F; and 40 CFR 61, Appendices B and C shall be used to determine compliance with the requ irements established in this Chapter or contained in permits issued pursuant to this Chapter.

B. Except as otherwise provided in this subsection the opacity of visible emissions shall be determined by Reference Method 9 of the Arizona Testing Manual. A permit may specifya method, other than Method 9, for determining the op acity of emissions from a particular emissions unit, if the method has been promulgated by the Administrator in 40 CFR 60, Appendix A. C. Except as otherwise specified in this Chapter, the heat content of solid fuel shall be determined according to ASTMmethod D-3176-89, (Practice for Ultimate Analysis of Coal and Coke) and ASTM method D-2015-91, (Test Method for Gross C alorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter).

D. Except for ambient air monitoring and emissions tes ting required under Articles 9 and 11 of this Chapter, a lternative and equivalent test methods in any test plan submitted to the Director may be approved by the Director for the duration of that plan provided that the following three criteri a are met: 1. The alternative or equivalent test method measure s the same chemical and physical characteristics as the t est method it is intended to replace. 2. The alternative or equivalent test method has sub stantially the same or better reliability, accuracy, an d precision as the test method it is intended to replace. 3. Applicable quality assurance procedures are follo wed in accordance with the Arizona Testing Manual, 40 CFR 60 or other quality assurance methods which are consis tent with principles contained in the Arizona Testing Manual or 40 CFR 60 as approved by the Director.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-311 renumbered without change as R18-2-311 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-312. Performance Tests

A. Within 60 days after a source subject to the permitrequirements of this Article has achieved the capability t o operate at its maximum production rate on a sustained basis but no later than 180 days after initial start-up of such source and at such other times as may be required by the Director, the owner or operator of such source shall conduct performance t ests and furnish the Director a written report of the result s of the tests.

B. Performance tests shall be conducted and data reduc ed in accordance with the test method and procedures cont ained in the Arizona Testing Manual unless the Director: 1. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; 2. Approves the use of an equivalent method; 3. Approves the use of an alternative method the res ults of which he has determined to be adequate for indicati ng whether a specific source is in compliance; or 4. Waives the requirement for performance tests because the owner or operator of a source has demonstrated by o ther
means to the Director’s satisfaction that the sourc e is in compliance with the standard. 5. Nothing in this Section shall be construed to abrogate the Director’s authority to require testing.

C. Performance tests shall be conducted under such con ditions as the Director shall specify to the plant operator ba sed on representative performance of the source. The owner or o perator
shall make available to the Director such records a s may be necessary to determine the conditions of the performance tests. Operations during periods of start-up, shutdown, an d malfunction shall not constitute representative conditions of performance tests unless otherwise specified in the appli cable
standard.

D. The owner or operator of a permitted source shall p rovide the Director two weeks prior notice of the performance test to afford the Director the opportunity to have an obse rver present.Supp. 12-1 Page 34 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

E. The owner or operator of a permitted source shall p rovide, or cause to be provided, performance testing facilitie s as follows: 1. Sampling ports adequate for test methods applicab le to such facility. 2. Safe sampling platform(s). 3. Safe access to sampling platform(s). 4. Utilities for sampling and testing equipment.

F. Each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compli ance with an applicable standard, the arithmetic means of res ults of the three runs shall apply. In the event that a sample is accidentally
lost or conditions occur in which one of the three runs is required to be discontinued because of forced shutd own, failure of an irreplaceable portion of the sample train , extreme meteorological conditions, or other circumstances b eyond the owner or operator’s control, compliance may, upon the Director’s approval, be determined using the arithmetic means of the results of the two other runs. If the Director, or the Director’s designee is present, tests may only be stoppe d with the Director’s or such designee’s approval. If the Dire ctor, or the Director’s designee is not present, tests may only be stopped for good cause, which includes forced shutdown, fai lure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the o perator’s control. Termination of testing without good cause after the
first run is commenced shall constitute a failure o f the test.

G. Except as provided in subsection (H) compliance with the emission limits established in this Chapter or as p rescribed in permits issued pursuant to this Chapter shall be de termined by the performance tests specified in this Section or in the permit.

H. In addition to performance tests specified in this Section, compliance with specific emission limits may be determ ined by: 1. Opacity tests. 2. Emission limit compliance tests specifically desi gnated as such in the regulation establishing the emission limit to be complied with. 3. Continuous emission monitoring, where applicable quality assurance procedures are followed and where it is designated in the permit or in an applicable requireme nt to show compliance.

I. Nothing in this Section shall be so construed as to prevent the
utilization of measurements from emissions monitori ng devices or techniques not designated as performance tests as evidence of compliance with applicable good mainten ance and operating requirements.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective September 28, 1984 (Supp. 84-5). Former S ection R9-3-312 renumbered without change as R18-2-31 2 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-313. Existing Source Emission Monitoring

A. Every source subject to an existing source performance standard as specified in this Chapter shall install, ca librate, operate, and maintain all monitoring equipment necessar y for continuously monitoring the pollutants and other ga ses specified in this Section for the applicable source cate gory. 1. Applicability. a. Fossil-fuel fired steam generators, as specified in subsection (C)(1), shall be monitored for opacity, nitrogen oxides emissions, sulfur dioxide emissions

, and oxygen or carbon dioxide. b. Fluid bed catalytic cracking unit catalyst regene rators, as specified in subsection (C)(4), shall be m onitored for opacity. c. Sulfuric acid plants, as specified in subsection (C)(3)of this Section, shall be monitored for sulfu r dioxide emissions. d. Nitric acid plants, as specified in subsection (C )(2), shall be monitored for nitrogen oxides emissions. 2. Emission monitoring shall not be required when th e source of emissions is not operating.
3. Variations. a. Unless otherwise prohibited by the Act, the Direc tor may approve, on a case-by-case basis, alternativemonitoring requirements different from the provisions of this Section if the installation of a cont inuous emission monitoring system cannot beimplemented by a source due to physical plant limitations or extreme economic reasons. Alternative monitoring procedures shall be specified by the Director on a case-by-case basis and shall include, as a minimum, annual manual stack tests for the pol

lutants identified for each type of source in this Section. Extreme economic reasons shall mean that the requirements of this Section would cause the source
to be unable to continue in business.b. Alternative monitoring requirements may be prescribed when installation of a continuous emission monitoring system or monitoring device specifiedby this Section would not provide accurate determinations of emissions (e.g., condensed, uncombined water vapor may prevent an accurate determination of opacity using commercially available continuous emission monitoring systems).c. Alternative monitoring requirements may be prescribed when the affected facility is infrequently operated (e.g., some affected facilities may operat e less than one month per year). 4. Monitoring system malfunction: A temporary exempt ion from the monitoring and reporting requirements of this Section may be provided during any period of monito ring system malfunction, provided that the source owner or operator demonstrates that the malfunction was unav oidable and is being repaired expeditiously.

B. Installation and performance testing required underthis Section shall be completed and monitoring and recordin g shall
commence within 18 months of the effective date of this Section.

C. Minimum monitoring requirements: 1. Fossil-fuel fired steam generators: Each fossil-f uel fired steam generator, except as provided in the followin g subsections, with an annual average capacity factor of greater than 30%, as reported to the Federal Power Commission for calendar year 1976, or as otherwise dem onstrated to the Department by the owner or operator, shall conform with the following monitoring requirements when such facility is subject to an emission standard for the pollutant in question. a. A continuous emission monitoring system for themeasurement of opacity which meets the performance specifications of this Section shall be installed, calibrated, maintained, and operated in accordance with the procedures of this Section by the owner or operator of any such steam generator o f greater than 250 million Btu per hour heat input except where: i. Gaseous fuel is the only fuel burned; orArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 35 Supp. 12-1

ii. Oil or a mixture of gas and oil are the only fue ls burned and the source is able to comply with the applicable particulate matter and opacity regulations without utilization of particulate matter collection equipment, and where the

source has never been found to be in violationthrough any administrative or judicial proceedings, or accepted responsibility for any violation of any visible emission standard. b. A continuous emission monitoring system for themeasurement of sulfur dioxide which meets the performance specifications of this Section shall be installed, calibrated, using sulfur dioxide calibration gas mixtures or other gas mixtures approved by the Director, maintained and operated on any fossil-fue l fired steam generator of greater than 250 million B tu per hour heat input which has installed sulfur diox

ide pollutant control equipment. c. A continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance specification of this Section shall be installed, calibrated using nitric oxide calibratio n gas mixtures or other gas mixtures approved by the Director, maintained and operated on fossil-fuel fired steam generators of greater than 1000 million Btu per hour heat input when such facility is locat ed in an air quality control region where the Director has specifically determined that a control strategy for nitrogen dioxide is necessary to attain the amb ient air quality standard specified in R18-2-205, unless the source owner or operator demonstrates during source compliance tests as required by the Department that such a source emits nitrogen oxides
at levels 30% or more below the emission standard within this Chapter. d. A continuous emission monitoring system for themeasurement of the percent oxygen or carbon dioxide which meets the performance specifications of this Section shall be installed, calibrated, operat ed, and maintained on fossil-fuel fired steam generator s where measurements of oxygen or carbon dioxide in the flue gas are required to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data, or both, to units of the emission standard within this Chapter. 2. Nitric acid plants: Each nitric acid plant of gre ater than 300 tons per day production capacity, the productio n capacity being expressed as 100% acid located in anair quality control region where the Director has speci fically determined that a control strategy for nitrogen dio xide is necessary to attain the ambient air quality standar d specified in R18-2-205, shall install, calibrate using n itrogen dioxide calibration gas mixtures, maintain, and ope rate a continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance specifications of this Section for each nitric acidproducing facility within such plant. 3. Sulfuric acid plants: Each sulfuric acid plant as defined in R18-2-101, of greater than 300 tons per day product ion capacity, the production being expressed as 100% ac id, shall install, calibrate using sulfur dioxide calib ration gas mixtures or other gas mixtures approved by the Dire ctor, maintain and operate a continuous emission monitori ng system for the measurement of sulfur dioxide which meets the performance specifications of this Sectio n for each sulfuric acid producing facility within such aplant. 4. Fluid bed catalytic cracking unit catalyst regene rators at petroleum refineries. Each catalyst regenerator for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh-feed capacity shall install, calibrat e, maintain and operate a continuous emission monitoring s ystem for the measurement of opacity which meets the performance specifications of this Section for eachregenerator within such refinery.

D. Minimum specifications: Owners or operators of moni toring equipment installed to comply with this Section sha ll demonstrate compliance with the following performance sp ecifications. 1. The performance specifications set forth in Appen dix B of 40 CFR 60 are incorporated herein by reference and shall be used by the Director to determine acceptab ility of monitoring equipment installed pursuant to this Sec tion.
However where reference is made to the Administrato r in Appendix B of 40 CFR 60, the Director may allow the use of either the state-approved reference method o r the federally approved reference method as published in40 CFR 60. The performance specifications to be used w ith each type of monitoring system are listed below.a. Continuous emission monitoring systems for measuring opacity shall comply with performance specification 1.b. Continuous emission monitoring systems for measuring nitrogen oxides shall comply with performance specification 2.c. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 2.d. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 3.e. Continuous emission monitoring systems for measuring carbon dioxide shall comply with performance specification 3. 2. Calibration gases: Span and zero gases shall be t raceable to National Bureau of Standards reference gases whe never these reference gases are available. Every six months from date of manufacture, span and zero gase s shall be reanalyzed by conducting triplicate analys es using the reference methods in Appendix A of 40 CFR 60 (Chapter 1) as amended: For sulfur dioxide, use Reference Method 6; for nitrogen oxides, use Reference method 7; and for carbon dioxide or oxygen, use Reference Method 3. The gases may be analyzed at less fr equent intervals if longer shelf lives are guarantee d by the
manufacturer. 3. Cycling time: Time includes the total time requir ed to sample, analyze, and record an emission measurement

.a. Continuous emission monitoring systems for measuring opacity shall complete a minimum of one cycle of sampling and analyzing for each successive six-minute period.b. Continuous emission monitoring systems for measuring oxides of nitrogen, carbon dioxide, oxygen, or sulfur dioxide shall complete a minimum of one cycle of operation (sampling, analyzing, and date recording) for each successive 15-minute period.
4. Monitor location: All continuous emission monitor ing systems or monitoring devices shall be installed su ch that representative measurements of emissions of process parameter (i.e., oxygen, or carbon dioxide) from th e affected facility are obtained. Additional guidance for location of continuous emission monitoring systems toSupp. 12-1 Page 36 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

obtain representative samples are contained in the applicable performance specifications of Appendix B of 4 0

CFR 60.
5. Combined effluents: When the effluents from two o r more affected facilities of similar design and oper ating characteristics are combined before being released to the atmosphere through more than one point, separate mo nitors shall be installed. 6. Zero and drift: Owners or operators of all contin uous emission monitoring systems installed in accordance with the requirements of this Section shall record the z ero and span drift in accordance with the method prescribedby the manufacturer’s recommended zero and span check at least once daily, using calibration gases specifiedin subsection (C) as applicable, unless the manufacturer has recommended adjustments at shorter intervals, in wh ich case such recommendations shall be followed; shall adjust the zero span whenever the 24-hour zero drif t or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of Part 60, Chap ter 1, Title 40 CFR are exceeded. 7. Span: Instrument span should be approximately 200 % of the expected instrument data display output corresp onding to the emission standard for the source.

E. Minimum data requirement: The following subsections set forth the minimum data reporting requirements for s ources employing continuous monitoring equipment as specif ied in this Section. These periodic reports do not relieve the source operator from the reporting requirements of R18-2-3 10.01. 1. The owners or operators of facilities required to install continuous emission monitoring systems shall submit to the Director a written report of excess emissions f or each calendar quarter and the nature and cause of the ex cess emissions, if known. The averaging period used for data reporting shall correspond to the averaging period specified in the emission standard for the pollutant source category in question. The required report shall include , as a minimum, the data stipulated in this subsection. 2. For opacity measurements, the summary shall consi st of the magnitude in actual percent opacity of all six- minute opacity averages greater than any applicable standards for each hour of operation of the facility. Average val ues may be obtained by integration over the averaging perio d or by arithmetically averaging a minimum of four equal ly spaced, instantaneous opacity measurements per minute. Any time periods exempted shall be deleted before d etermining any averages in excess of opacity standards. 3. For gaseous measurements the summary shall consis t of emission averages in the units of the applicable st andard for each averaging period during which the applicab le

standard was exceeded. 4. The date and time identifying each period during which the continuous emission monitoring system was inope rative, except for zero and span checks and the natur e of system repair or adjustment shall be reported. The Director may require proof of continuous emission monito ring system performance whenever system repairs or adjus tments have been made.
5. When no excess emissions have occurred and the co ntinuous emission monitoring system(s) have not been in operative, repaired, or adjusted, such information sh all be included in the report. 6. Owners or operators of affected facilities shall maintain a file of all information reported in the quarterly s ummaries, and all other data collected either by the co ntinuous emission monitoring system or as necessary to conve rt monitoring data to the units of the applicable stan dard for a minimum of two years from the date of collection of

such data or submission of such summaries.

F. Data reduction: Owners or operators of affected fac ilities shall use the following procedures for converting monitor ing data to units of the standard where necessary. 1. For fossil-fuel fired steam generators the follow ing procedures shall be used to convert gaseous emission m onitoring data in parts per million to g/million cal ( lb/million Btu) where necessary. a. When the owner or operator of a fossil-fuel fired steam generator elects under subsection (C)(1)(d) t o measure oxygen in the flue gases, the measurements of the pollutant concentration and oxygen concentra

tion shall each be on a consistent basis (wet or dr y). i. When measurements are on a wet basis, except where wet scrubbers are employed or where moisture is otherwise added to stack gases, the following conversion procedure shall be used:

ii. When measurements are on a wet basis and thewater vapor content of the stack gas is determined at least once every 15 minutes the following conversion procedure shall be used:

Use of this equation is contingent upon demonstrating the ability to accurately determine B(ws) such that any absolute error in B(ws)
will not cause an error of more than ± 1.5% in
the term:

iii. When measurements are on a dry basis, the following conversation procedure shall be used:

b. When the owner or operator elects under subsecti on (C)(1)(d) to measure carbon dioxide in the fluegases, the measurement of the pollutant concentration and the carbon dioxide concentration shall eac h be on a consistent basis (wet or dry) and the follo wing conversion procedure used;

c. The values used in the equations under subsectio n (F)(1) above are derived as follows: E Q ( ) C ws ( ) F w ( ) 20.9

20.9 1 B wa

( )

– ( ) %O(2ws)

– ---------------------------------------------------

------------------ =

E Q ( ) C ws ( ) F 20.9

20.9 1 B wa

( )

– ( ) %O(2ws) ---------------------------------------------------

------------- =

20.9

29.9 1 B wa

( )

– ( ) %O(2ws)

– ---------------------------------------------------

------------------

E Q ( ) CF 20.9

20.9 %O(2ws)

– --------------------------------------- =

E Q ( ) CF c

( ) 100 %CO(2) ------------------- =Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 37 Supp. 12-1

E(Q) = pollutant emission, g/million cal (lb/ million Btu). C = pollutant concentration, g/dscm (lb/dscf),determined by multiplying the average concentration (ppm) for each hourly period by 4.16 x

10 -5 M g/dscm per ppm (2.64 x 10 -9 M lb/dscf per ppm) where M = pollutant molecularweight, g/g-mole (lb/lb-mole), M = 64 for sulfur dioxide and 46 for oxides of nitrogen.C(ws) = pollutant concentrations at stack conditions, g/wscm (lb/wscf), determined by multiplying the average concentration (ppm) for each one-hour period by 4.15 x 10 -5 M lb/wscm per ppm) (2.59 x 10 -5 M lb/wscf per ppm) where M = pollutant molecular weight, g/g mole (lb/lb mole). M = 64 for sulfur dioxide and 46 for nitrogen oxides. %O(2),%CO(2) = Oxygen or carbon dioxide volume (expressed as percent) determined with equipment specified under subsection (D)(1)(d).F,F(c) = A factor representing a ratio of the volume of dry flue gases generated to the calorificvalue of the fuel combusted (F), a factor representing a ratio of the volume of carbon dioxidegenerated to the calorific value of the fuel combusted (F(c)), respectively. Values of F and F(c) are given in 40 CFR 60.45(f) (Chapter 1).F(w) = A factor representing a ratio of the volume of wet flue gases generated to the caloric value of the fuel combusted. Values of F(w) are given in Reference Method 19 of the Arizona Testing Manual. B(wa) = Proportion by volume of water vapor in the ambient air. Approval may be given for determination of B(w)a by on-site instrumentalmeasurement provided that the absolute accuracy of the measurement technique can be demonstrated to be within ± 0.7% water vapor.Estimation methods for B(wa) are given in Reference Method 19 of the Arizona Testing Manual. B(ws) = Proportion by volume of water vapor in the stack gas. 2. For sulfuric acid plants as defined in R18-2-101, the owner or operator shall: a. Establish a conversion factor three times daily according to the procedures of 40 CFR 60.84(b) (Chapter 1), b. Multiply the conversion factor by the average sul fur dioxide concentration in the flue gases to obtain average sulfur dioxide emissions in Kg/metric ton (lb/short ton), and c. Report the average sulfur dioxide emission for ea chaveraging period in excess of the applicable emission standard in the quarterly summary. 3. For nitric acid plants, the owner or operator sha ll: a. Establish a conversion factor according to the pr ocedures of 40 CFR 60.73(b) (Chapter 1), b. Multiply the conversion factor by the average nitrogen oxides concentration in the flue gases to obtai n the nitrogen oxides emissions in the units of the applicable standard, c. Report the average nitrogen oxides emission foreach averaging period in excess of applicable emission standard in the quarterly summary. 4. The Director may allow data reporting or reductio n procedures varying from those set forth in this Sectio n if the owner or operator of a source shows to the satisfac tion of the Director that his procedures are at least as ac curate as those in this Section. Such procedures may include but are not limited to the following: a. Alternative procedures for computing emission averages that do not require integration of data (e .g., some facilities may demonstrate that the variabilit y of their emissions is sufficiently small to allow a ccurate reduction of data based upon computing averages from equally spaced data points over the averaging period). b. Alternative methods of converting pollutant conce ntration measurements to the units of the emission
standards.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Editorial c orrection, subsection (C), paragraph (1), subparagraph ( d) (Supp 80-2). Amended effective July 9, 1980 (Supp. 80- 4). Former Section R9-3-313 renumbered without chan ge as R18-2-313 (Supp. 87-3). Amended effective Septem

ber 26, 1990 (Supp. 90-3). Section repealed, new Se ction adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 1164, effec tive

February 15, 2001 (Supp. 01-1).

R18-2-314. Quality Assurance Facilities subject to the permit requirements of th is Article shall submit a quality assurance plan to the Director tha t meets the requirements of R18-2-311(D)(3) within 12 months of the effective date of this Section. Facilities subject to the req uirements of R18-2- 313 shall submit a quality assurance plan as specif ied in the permit.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 314 renumbered without change as R18-2-314 (Supp. 8 7- 3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-315. Posting of Permit

A. Any person who has been granted an individual or ge neral permit shall post such permit or a certificate of perm it issuance on location where the equipment is installed in such a manner as to be clearly visible and accessible. All equipment covered by the permit shall be clearly marked with one of the following: 1. The current permit number, 2. A serial number or other equipment number that is also listed in the permit to identify that piece of equi pment.
B. A copy of the complete permit shall be kept on the site.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 315 renumbered without change as R18-2-315 (Supp. 8 7- 3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-316. otice by Building Permit Agencies All agencies of the county or political subdivision s of the county that issue or grant building permits or approvals s hall examine the plans and specifications submitted by an applicant for a permit or approval to determine if an air pollution permit wi ll possibly be required under the provisions of this Chapter. If i t appears that an air pollution permit will be required, the agency o r political subdi-Supp. 12-1 Page 38 March 31, 2012

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vision shall give written notice to the applicant t o contact the Director and shall furnish a copy of that notice to the Director.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-316 renumbered without change as R18-2

-

316 (Supp. 87-3).

R18-2-317. Facility Changes Allowed Without Permit R evisions - Class I

A. A facility with a Class I permit may make changes w ithout a permit revision if all of the following apply: 1. The changes are not modifications under any provi sion of Title I of the Act or under A.R.S. § 49-401.01(24); 2. The changes do not exceed the emissions allowable under the permit whether expressed therein as a rate of e missions or in terms of total emissions; 3. The changes do not violate any applicable require ments or trigger any additional applicable requirements; 4. The changes satisfy all requirements for a minor permit revision under R18-2-319(A); and 5. The changes do not contravene federally enforceab le permit terms and conditions that are monitoring (inclu ding test methods), recordkeeping, reporting, or compliance certification requirements.

B. The substitution of an item of process or pollution control equipment for an identical or substantially similaritem of process or pollution control equipment shall qualify a s a change that does not require a permit revision, if the sub stitution meets all of the requirements of subsections (A), ( D), and (E).

C. Except for sources with authority to operate under general permits, permitted sources may trade increases and dec reases in emissions within the permitted facility, as establi shed in the permit under R18-2-306(A)(12), if an applicable imp lementation plan provides for the emissions trades without applying for a permit revision and based on the seven workin g days notice prescribed in subsection (D). This provisionis available if the permit does not provide for the emissions tr ading as a minor permit revision.

D. For each change under subsections (A) through (C), a written notice by certified mail or hand delivery shall be received by
the Director and the Administrator a minimum of sev en working days in advance of the change. Notifications of changes associated with emergency conditions, such as malfu nctions necessitating the replacement of equipment, may be provided less than seven working days in advance of the chan ge but must be provided as far in advance of the change or, if advance notification is not practicable, as soon after the change as possible.

E. Each notification shall include: 1. When the proposed change will occur; 2. A description of the change; 3. Any change in emissions of regulated air pollutants; 4. The pollutants emitted subject to the emissions t rade, if

any; 5. The provisions in the implementation plan that pr ovide
for the emissions trade with which the source will comply and any other information as may be required by the provisions in the implementation plan authorizing the trade; 6. If the emissions trading provisions of the implem entation plan are invoked, then the permit requirements with which the source will comply; and 7. Any permit term or condition that is no longer ap plicable as a result of the change.

F. The permit shield described in R18-2-325 shall not apply to any change made under subsections (A) through (C). Compliance with the permit requirements that the source w ill meet using the emissions trade shall be determined accor ding to requirements of the implementation plan authorizingthe emissions trade.

G. Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another as provided under R18-2-306(A)(11) shall not require any prior
notice under this Section.

H. Notwithstanding any other part of this Section, the Director may require a permit to be revised for any change that, when considered together with any other changes submitte d by the
same source under this Section over the term of the permit, do not satisfy subsection (A).

I. The Director shall make available to the public mon thly summaries of all notices received under this Section.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-317 renumbered without change as R18-2

- 317 (Supp. 87-3). Section repealed, new Section ado pted effective November 15, 1993 (Supp. 93-4). Amended b y final rulemaking at 5 A.A.R. 4074, effective Septem ber 22, 1999 (Supp. 99-3). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06 -2).

R18-2-317.01.Facility Changes that Require a PermitRevision

- Class II

A. The following changes at a source with a Class II p ermit shall require a permit revision: 1. A change that triggers a new applicable requireme nt or violates an existing applicable requirement. 2. Establishment of, or change in, an emissions cap; 3. A change that will require a case-by-case determi nation of an emission limitation or other standard, or a s ourcespecific determination of ambient impacts, or a vis ibility or increment analysis; 4. A change that results in emissions that are subje ct to monitoring, recordkeeping or reporting under R18-2- 306(A)(3),(4), or (5) if the emissions cannot be me asured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. A change that will authorize the burning of used oil, used oil fuel, hazardous waste, or hazardous waste fuel, or any other fuel not currently authorized by the permit; 6. A change that requires the source to obtain a Cla ss I permit; 7. Replacement of an item of air pollution control e quipment listed in the permit with one that does not have the same or better pollutant removal efficiency;
8. Establishment or revision of a limit under R18-2- 306.01; 9. Increasing operating hours or rates of production above the permitted level; and 10. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change resu lts:a. From removing equipment that results in a permanent decrease in actual emissions, if the source keeps on-site records of the change in a log that s atisfies Appendix 3 of this Chapter and if the requir ements that are relaxed are present in the permit solely for the equipment that was removed; or b. From a change in an applicable requirement.

B. A source with a Class II permit may make any physic al change or change in the method of operation without revisi ng the source’s permit unless the change is specifically p rohibited in the source’s permit or is a change described in sub section (A). A change that does not require a permit revision may still be subject to requirements in R18-2-317.02.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 39 Supp. 12-1 Historical ote New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

R18-2-317.02.Procedures for Certain Changes that do not Require a Permit Revision - Class II

A. Except for a physical change or change in the metho d of operation at a Class II source requiring a permit revis ion under R18-2-317.01, or a change subject to logging or not ice requirements in subsection (B) or (C), a change at a Class II source shall not be subject to revision, notice, or logging requirements under this Chapter.

B. Except as otherwise provided in the conditions appl icable to an emissions cap created under R18-2-306.02, the fo llowing changes may be made if the source keeps onsite reco rds of the changes according to Appendix 3: 1. Implementing an alternative operating scenario, i ncluding raw material changes; 2. Changing process equipment, operating procedures, or making any other physical change if the permit requ ires the change to be logged; 3. Engaging in any new insignificant activity listed in R18- 2-101(57)(a) through (i) but not listed in the perm it; 4. Replacing an item of air pollution control equipm ent listed in the permit with an identical (same model, different serial number) item. The Director may require v erification of efficiency of the new equipment by performance tests; and 5. A change that results in a decrease in actual emi ssions if
the source wants to claim credit for the decrease i n determining whether the source has a net emissions incre ase for any purpose. The logged information shall inclu de a description of the change that will produce the dec rease in actual emissions. A decrease that has not been l ogged is creditable only if the decrease is quantifiable, enforceable, and otherwise qualifies as a creditable decre ase. C. Except as provided in the conditions applicable to an emissions cap created under R18-2-306.02, the followingchanges may be made if the source provides written notice t o the Department in advance of the change as provided bel ow: 1. Replacing an item of air pollution control equipm ent listed in the permit with one that is not identical but that is substantially similar and has the same or betterpollutant removal efficiency: seven days. The Director may require verification of efficiency of the new equip ment by performance tests; 2. A physical change or change in the method of oper ation
that increases actual emissions more than 10% of th e major source threshold for any conventional pollutant but does not require a permit revision: seven days; 3. Replacing an item of air pollution control equipm ent listed in the permit with one that is not substanti ally similar but that has the same or better efficiency: 30 days. The Director may require verification of efficiency of the new equipment by performance tests; 4. A change that would trigger an applicable require ment that already exists in the permit: 30 days unless o therwise required by the applicable requirement; 5. A change that amounts to reconstruction of the so urce or an affected facility: seven days. For purposes of this subsection, reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new source or affected facilityand the changes to the components have occurred over th e 12 consecutive months beginning with commencement of construction; and 6. A change that will result in the emissions of a n ew regulated air pollutant above an applicable regulatory threshold but that does not trigger a new applicable requ irement for that source category: 30 days. For purposes of this requirement, an applicable regulatory threshold fora conventional air pollutant shall be 10% of the applica ble major source threshold for that pollutant.

D. For each change under subsection (C), the written n otice shall be by certified mail or hand delivery and shall be received by
the Director the minimum amount of time in advance of the change. Notifications of changes associated with em ergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided with less than requir ed notice, but must be provided as far in advance of the chang e, or if advance notification is not practicable, as soon af ter the change as possible. The written notice shall includ e: 1. When the proposed change will occur, 2. A description of the change, 3. Any change in emissions of regulated air pollutants, and 4. Any permit term or condition that is no longer ap plicable as a result of the change.

E. A source may implement any change in subsection (C) without the required notice by applying for a minor permit revision under R18-2-319 and complying with R18-2-319(D)(2) and (G).

F. The permit shield described in R18-2-325 shall not apply to any change made under this Section, other than impl ementation of an alternate operating scenario under subse ction (B)(1).

G. Notwithstanding any other part of this Section, the Director may require a permit to be revised for any change that, when considered together with any other changes submitte d by the
same source under this Section over the term of the permit, constitutes a change under R18-317.01(A).

H. If a source change is described under both subsecti ons (B) and (C), the source shall comply with subsection (C). I f a source change is described under both subsections (C) and R18-2- 317.01(B), the source shall comply with R18-2-317.0 1(B).

I. A copy of all logs required under subsection (B) sh all be filed with the Director within 30 days after each anniver sary of the permit issue date. If no changes were made at the s ource requiring logging, a statement to that effect shall be filed

instead.

Historical ote New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

R18-2-318. Administrative Permit Amendments

A. Except for provisions pursuant to Title IV of the A ct, an administrative permit amendment is a permit revisio n that does any of the following: 1. Corrects typographical errors; 2. Identifies a change in the name, address, or phon e number of any person identified in the permit, or prov ides a similar minor administrative change at the source; 3. Requires more frequent monitoring or reporting by the permittee; 4. Allows for a change in ownership or operational c ontrol of a source as approved under R18-2-323 where the Director determines that no other change in the per mit is necessary, provided that a written agreement contai ning a specific date for transfer of permit responsibilitycoverage, and liability between the current and new perm ittee has been submitted to the Director;

B. Administrative permit amendments to Title IV provis ions of the permit shall be governed by regulations promulg ated by

the Administrator under Title IV of the Act.Supp. 12-1 Page 40 March 31, 2012

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C. The Director shall take no more than 60 days from r eceipt of a request for an administrative permit amendment to t ake final action on such request, and for Class I permits mayincorporate such changes without providing notice to the p ublic or affected states provided that it designates any suc h permit revisions as having been made pursuant to this Section.

D. The Director shall submit a copy of Class I permits revised
under this Section to the Administrator.

E. Except for administrative permit amendments involvi ng a transfer under R18-2-323, the source may implement the changes addressed in the request for an administrat ive amendment immediately upon submittal of the request.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-318 renumbered without change as R18-2

- 318 (Supp. 87-3). Amended subsection (A) effective December 1, 1988 (Supp. 88-4). Section repealed, ne w Section adopted effective November 15, 1993

(Supp. 93-4).

R18-2-318.01.Annual Summary Permit Amendments for C lass

II Permits The Director may amend any Class II permit annuallywithout following R18-2-321 in order to incorporate changes re flected in logs
or notices filed under R18-2-317.02. The amendment shall be effective to the anniversary date of the permit. The Dir ector shall make available to the public for any source: 1. A complete record of logs and notices sent to the Department under R18-2-317.02; and 2. Any amendments or revisions to the source’s permi t.

Historical ote New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

R18-2-319. Minor Permit Revisions

A. Minor permit revision procedures may be used only f or those changes at a Class I source that satisfy all of the following: 1. Do not violate any applicable requirement; 2. Do not involve substantive changes to existing mo nitoring, reporting, or recordkeeping requirements in th e permit; 3. Do not require or change a case-by-case determination of an emission limitation or other standard, or a sour ce-specific determination of ambient impacts, or a visibi lity or increment analysis; 4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlyingapplicable requirement and that the source has assumed i n order to avoid an applicable requirement to which the source would otherwise be subject. The terms and co nditions include: a. A federally enforceable emissions cap that the
source would assume to avoid classification as a modification under any provision of Title I of the Act; and b. An alternative emissions limit approved under regulations promulgated under the Section 112(i)(5) of
the Act. 5. Are not modifications under any provision of Titl e I of the Act; 6. Are not changes in fuels not represented in the p ermit application or provided for in the permit; 7. The increase in the source’s potential to emit any regulated air pollutant is not significant as defined i n R18-2- 101; and 8. Are not required to be processed as a significant revision
under R18-2-320.

B. Minor permit revision procedures shall be used for the following changes at a Class II source: 1. A change that triggers a new applicable requireme nt if all of the following apply: a. For emissions units not subject to an emissions c ap, the net emissions increase is less than the signifi cant level defined in R18-2-101(111); b. A case-by-case determination of an emission limit ation or other standard is not required; and c. The change does not require the source to obtain a Class I permit; 2. Increasing operating hours or rates of production above the permitted level unless the increase otherwise c reates a condition that requires a significant permit revisi on; 3. A change in fuel from fuel oil or coal, to natura l gas or propane, if not authorized in the permit; 4. A change that results in emissions subject to mon itoring, recordkeeping, or reporting under R18-2-306(A)(3),( 4), or (5) and that cannot be measured or otherwise ade

quately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. A decrease in the emissions permitted under an em issions cap unless the decrease requires a change in the co nditions required to enforce the cap or to ensure thatemissions trades conducted under the cap are quantifiab le and enforceable; and 6. Replacement of an item of air pollution control e quipment listed in the permit with one that does not have the same or better efficiency.

C. As approved by the Director, minor permit revision procedures may be used for permit revisions involving the use of economic incentives, marketable permits, emissions tra ding, and other similar approaches, to the extent that the mi nor permit revision procedures are explicitly provided for in an applicable implementation plan or in applicable requirements p romulgated by the Administrator.

D. An application for minor permit revision shall be o n the standard application form contained in Appendix 1 and i nclude the following: 1. A description of the change, the emissions result ing from the change, and any new applicable requirements that will apply if the change occurs; 2. For Class I sources, and any source that is makin g the change immediately after it files the application, the source’s suggested draft permit; 3. Certification by a responsible official, consiste nt with standard permit application requirements, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that the procedur es be used;

E. EPA and affected state notification. For Class I pe rmits, within five working days of receipt of an application for a minor permit revision, the Director shall notify the Adminis trator and affected states of the requested permit revision inaccordance

with R18-2-307.

F. The Director shall follow the following timetable f or action on an application for a minor permit revision: 1. For Class I permits, the Director shall not issue a final permit revision until after the Administrator’s 45- day review period or until the Administrator has notifi ed the Director that the Administrator will not object to issuance of the permit revision, whichever is first, although the Director may approve the permit revision before that time. Within 90 days of the Director’s receipt of an appli-Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 41 Supp. 12-1

cation under minor permit revision procedures, or 1 5 days after the end of the Administrator’s 45-day re view period, whichever is later, the Director shall do o ne or more of the following: a. Issue the permit revision as proposed, b. Deny the permit revision application, c. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures, or d. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as required in R18-2-307. 2. Within 60 days of the Director’s receipt of an ap plication for a revision of a Class II permit under this Sect ion, the Director shall do one or more of the following: a. Issue the permit revision as proposed; b. Deny the permit revision application; c. Determine that the permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures;

or d. Revise and issue the proposed permit revision.

G. The source may make the change proposed in its mino r permit revision application immediately after it files the application. After the source makes the change allowed by the pr eceding sentence, and until the Director takes any of the a ctions specified in subsection (F), the source shall comply with both the applicable requirements governing the change and th e proposed revised permit terms and conditions. During this time period, the source need not comply with the existin g permit terms and conditions it seeks to modify. However, i f the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it

. H. The permit shield under R18-2-325 shall not extend to minor permit revisions.

I. Notwithstanding any other part of this Section, the Director may require a permit to be revised under R18-2-320 for any change that, when considered together with any othe r changes submitted by the same source under this Section or R18-2- 317.02 over the life of the permit, do not satisfy subsection (A) for Class I sources or subsection (B) for Class II sources. J. The Director shall make available to the public monthly summaries of all applications for minor permit revisio ns.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-319 renumbered without change as R18-2

- 319 (Supp. 87-3). Section repealed, new Section ado pted effective November 15, 1993 (Supp. 93-4). Amended b y final rulemaking at 5 A.A.R. 4074, effective Septem ber 22, 1999 (Supp. 99-3).

R18-2-320. Significant Permit Revisions

A. For Class I sources, a significant revision shall b e used for an application requesting a permit revision that does not qualify as a minor permit revision or as an administrative amendment. A significant revision that is only required becaus e of a change described in R18-2-319(A)(6) or (7) shall not be co nsidered a significant permit revision under part 70 for the p urposes of 40 CFR 64.5(a)(2). Every significant change in existin g monitoring permit terms or conditions and every relaxationof reporting or recordkeeping permit terms or conditions sha ll follow significant revision procedures. B. A source with a Class II permit shall make the foll owing changes only after the permit is revised following the public participation requirements of R18-2-330: 1. Establishing or revising a voluntarily accepted e mission limitation or standard as described by R18-2-306.01 or R18-2-306.02, except a decrease in the limitation authorized by R18-2-319(B)(5); 2. Making any change in fuel not authorized by the p ermit and that is not fuel oil or coal, to natural gas or propane; 3. A change to or addition of an emissions unit not subject to an emissions cap that will result in a net emiss ion increase of a pollutant greater than the significan ce level in R18-2-101(104); 4. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change resu lts
from: a. Removing equipment that results in a permanent decrease in actual emissions, if the source keeps o nsite records of the change in a log that satisfies Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely f or the equipment that was removed; or b. A change in an applicable requirement. 5. A change that will cause the source to violate an existing applicable requirement including the conditions est ablishing an emissions cap; 6. A change that will require any of the following: a. A case-by-case determination of an emission limit ation or other standard; b. A source-specific determination of ambient impact s, or a visibility or increment analysis; or c. A case-by-case determination of a monitoring, recordkeeping, and reporting requirement. 7. A change that requires the source to obtain a Cla ss I permit.

C. Any modification to a major source of federally lis ted hazardous air pollutants, and any reconstruction of a source, or a process or production unit, under Section 112(g) of th e Act and regulations promulgated thereunder, shall follow si gnificant permit revision procedures and any rules adopted un der A.R.S. § 49-426.03.

D. Significant permit revisions shall meet all require ments of this Article for applications, public participation, rev iew by affected states, and review by the Administrator th at apply to permit issuance and renewal.

E. When an existing source applies for a significant p ermit revision to revise its permit from a Class II permit to a Class I permit, it shall submit a Class I permit application i n accordance
with R18-2-304. The Director shall issue the entire permit, and not just the portion being revised, in accordance w ith Class I permit content and issuance requirements, includingrequirements for public, affected state, and EPA review, c ontained in
R18-2-307 and R18-2-330.

F. The Director shall process the majority of signific ant permit revision applications received each calendar year w ithin nine months of receipt of a complete permit application but in no case longer than 18 months. Applications for which the Director undertakes accelerated processing under R18-2-326(N ) shall not be included in this requirement. This subsectio n does not change any time-frame requirements in Chapter 1.

Historical ote Adopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective Novemb er 15, 1993 (Supp. 93-4). Amended effective June 4, 19 98 (Supp. 98-2). Amended by final rulemaking at 5 A.A. R. 4074, effective September 22, 1999 (Supp. 99-3).Supp. 12-1 Page 42 March 31, 2012

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Amended by final rulemaking at 6 A.A.R. 343, effect ive

December 20, 1999 (Supp. 99-4).

R18-2-321. Permit Reopenings; Revocation and Reissua nce; Termination

A. Reopening for Cause. 1. Each issued permit shall include provisions speci fying the conditions under which the permit shall be reop ened prior to the expiration of the permit. A permit sha ll be reopened and revised under any of the following cir cumstances: a. Additional applicable requirements under the Actbecome applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than 18 months after promulgation of the applicable require

ment. No such reopening is required if the effectiv e date of the requirement is later than the date on which the permit is due to expire, unless the origi nal permit or any of its terms and conditions has been extended pursuant to R18-2-322(B). Any permit revision required pursuant to this subsection shall comply with provisions in R18-2-322 for permit renewal and shall reset the five-year permit term. b. Additional requirements, including excess emissio ns requirements, become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the Class I permit.
c. The Director or the Administrator determines that the permit contains a material mistake or that inac

curate statements were made in establishing the
emissions standards or other terms or conditions of the permit.
d. The Director or the Administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements. 2. Proceedings to reopen and issue a permit, includi ng appeal of any final action relating to a permit reo pening, shall follow the same procedures as apply to initia l permit issuance and shall, except for reopenings under sub section (1)(a), affect only those parts of the permit for which cause to reopen exists. Such reopening shall be mad e as expeditiously as practicable. 3. Reopenings under subsection (A)(1) shall not be i nitiated before a notice of such intent is provided to the s ource by the Director at least 30 days in advance of the dat e that the permit is to be reopened, except that the Direc tor may provide a shorter time period in the case of an eme rgency. 4. When a permit is reopened and revised pursuant to this Section, the Director may make appropriate revision s to the permit shield established pursuant to R18-2-325

. B. Within 10 days of receipt of notice from the Admini strator that cause exists to reopen a Class I permit, the Direct or shall notify the source. The source shall have 30 days to respond to the Director. Within 90 days of receipt of notice f rom the Administrator that cause exists to reopen a permit, or within any extension to the 90 days granted by EPA, the Di rector shall forward to the Administrator and the source a proposed determination of termination, revision, or revocati on and reissuance of the permit. Within 90 days of receipt of an EPA objection to the Director’s proposal, the Director shall resolve the objection and act on the permit.

C. The Director may issue a notice of termination of a permit issued pursuant to this Chapter if: 1. The Director has reasonable cause to believe thatthe permit was obtained by fraud or misrepresentation. 2. The person applying for the permit failed to disc lose a material fact required by the permit application fo rm or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the t ime the application was submitted. 3. The terms and conditions of the permit have been or are being violated.
If the Director issues a notice of termination unde r this Section, the notice shall be served on the permittee b y certified mail, return receipt requested. The notice shall in clude a statement detailing the grounds for the revocation and a statement that the permittee is entitled to a hearing.

Historical ote Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-321 renumbered without change a s R18-2-321 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Sectio n adopted effective November 15, 1993 (Supp. 93-4).

R18-2-322. Permit Renewal and Expiration

A. A permit being renewed is subject to the same proce dural requirements, including any for public participatio n and affected states and Administrator review, that woul d apply to that permit’s initial issuance.

B. Except as provided in R18-2-303(A), permit expirati on terminates the source’s right to operate unless a timelyapplication for renewal that is sufficient under A.R.S. § 41-10 64 has been submitted in accordance with R18-2-304. Any testingthat is required for renewal shall be completed before the proposed permit is issued by the Director.

C. The Director shall act on an application for a perm it renewal within the same time-frames as on an initial permit

.

Historical ote Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-322 renumbered without change a s R18-2-322 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

R18-2-323. Permit Transfers

A. Except as provided in A.R.S. § 49-429 and subsectio n (B), a Class I or II permit may be transferred to another person if the person who holds the permit gives notice to the Dir ector in writing at least 30 days before the proposed transf er. The notice shall contain the following: 1. The permit number and expiration date; 2. The name, address, and telephone number of the current permit holder; 3. The name, address and telephone number of the per son to receive the permit;
4. The name and title of the individual within the o rganization who is accepting responsibility for the permit along with a signed statement by that person indicating s uch
acceptance; 5. A description of the equipment to be transferred; 6. A written agreement containing a specific date fo r transfer of permit responsibility, coverage, and liabili ty between the current and new permittee; 7. Provisions for the payment of any fees pursuant t o R18-2- 326 or R18-2-501 that will be due and payable befor e the effective date of transfer;
8. Sufficient information about the source’s technic al and financial capabilities of operating the source to a llow the Director to make the decision in subsection (B) inc luding:Arizona Administrative Code Title 18, Ch. 2

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a. The qualifications of each person principally res ponsible for the operation of the source; b. A statement by the chief financial officer of the new permittee that it is financially capable of operati ng the facility in compliance with the law, and theinformation that provides the basis for that statement; c. A brief description of any action for the enforce ment of any federal or state law, or any county, city, o rlocal government ordinance relating to the protection of the environment, instituted against any per

son employed by the new permittee and principally responsible for operating the facility during the f ive years preceding the date of application. In lieu of this description, the new permittee may submit a copy of the certificate of disclosure or 10-K form required under A.R.S. § 49-109, or a statement that this information has been filed in compliance with A.R.S. § 49-109.

B. The Director shall deny the transfer if the Directo r determines that the organization receiving the permit is not c apable of operating the source in compliance with A.R.S. Titl e 49, Chapter 3, Article 2, the provisions of this Chapte r or the provisions of the permit. Notice of the denial shall b e sent to the original permit holder by certified mail stating th e reason for the denial within 10 working days of the Director’s receipt of the application. If the transfer is not denied with in 10 working days after receipt of the notice, it shall be deeme d approved.

C. To appeal the transfer denial: 1. Both the transferor and transferee shall petition the Office of Administrative Hearings in writing for a public hearing; and 2. All parties shall follow the appeal process for a permit.

D. The Director shall make available to the public monthly summaries of all notices received under this Section.

Historical ote Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-323 renumbered without change a s R18-2-323 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Sectio n adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4698, effe ctive February 3, 2007 (Supp. 06-4).

R18-2-324. Portable Sources

A. A portable source that will operate for the duratio n of its permit solely in one county that has established a loc al air pollution control program pursuant to A.R.S. § 49-479 sh all obtain a permit from that county. A portable source with a county permit shall not operate in any other county.

B. A portable source which has a county permit but pro poses to operate outside the county shall obtain a permit fr om the Director. Upon issuance of a permit by the Director, the county shall terminate the county permit for that source. Before commencing operation in the new county, the source sha ll notify the Director and the control officer who has jurisd iction over the geographic area that includes the new location according to subsection (D).

C. An owner of portable source equipment which require s a permit under this Chapter shall obtain the permit prio r to renting or leasing said equipment. This permit shall be pro vided by the owner to the renter or lessee, and the renter or le ssee shall be bound by the permit provisions. In the event a copyof the permit is not provided to the renter or lessee, both the owner and the lessee or renter shall be responsible for the o peration of this equipment in compliance with the permit condit ions and any violations thereof.

D. A portable source may be transferred from one locat ion to another provided that the owner or operator of such equipment notifies the Director and any control officer who h as jurisdiction over the geographic area that includes the newlocation of the transfer by certified mail at least 10 working days before the transfer. The notification required under this subsection

shall include: 1. A description of the equipment to be transferred including the permit number for such equipment; 2. A description of the present location; 3. A description of the location to which the equipm ent is to be transferred, including the availability of all utilities, such as water and electricity, necessary for the pr oper operation of all control equipment; 4. The date on which the equipment is to be moved; and 5. The date on which operation of the equipment willbegin
at the new location.

E. Any permit for a portable source shall contain cond itions that will assure compliance with all applicable requirem ents at all
authorized locations.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4).

R18-2-325. Permit Shields

A. Each Class I or II permit issued under this Chaptershall specifically identify all federal, state, and local air pollution control requirements applicable to the source at the time the permit is issued. The permit shall state that compl iance with the conditions of the permit shall be deemed compli ance with any applicable requirement as of the date of permit issuance, provided that such applicable requirements are incl uded and expressly identified in the permit. The Director may include in a permit determinations that other requirements spe cifically identified are not applicable. Any permit under thi s Chapter that does not expressly state that a permit shield exists shall not provide such a shield.

B. Nothing in this Section or in any permit shall alte r or affect the following: 1. The provisions of Section 303 of the Act (emergen cy orders), including the authority of the Administrat or under that Section; 2. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; 3. The applicable requirements of the acid rain prog ram, consistent with Section 408(a) of the Act; 4. The ability of the Administrator or the Director to obtain information from a source pursuant to Section 114 o f the Act, or any provision of state law; 5. The authority of the Director to require complian ce with new applicable requirements adopted after the permi t is

issued.

C. In addition to the provisions of R18-2-321, a permi t may be reopened by the Director and the permit shield revi sed when it is determined that standards or conditions in the p ermit are based on incorrect information provided by the appl icant.

Historical ote Emergency rule adopted effective September 17, 1991

, pursuant to A.R.S. § 41-1026, valid for only 90 day s (Supp. 91-3). Emergency rule re-adopted without cha nge effective December 16, 1991, pursuant to A.R.S. § 4 1- 1026, valid for only 90 days (Supp. 91-4). Emergenc y expired; text deleted (Supp. 93-1). New Section ado pted effective November 15, 1993 (Supp. 93-4).Supp. 12-1 Page 44 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

R18-2-326. Fees Related to Individual Permits

A. Source Categories. The owner or operator of a sourc e required to have an air quality permit from the Director sha ll pay the
fees described in this Section unless authorized to operate under a general permit issued under Article 5. The fees are based on a source being classified in one of the fo llowing three categories: 1. Class I Title V sources are those required or that elect to have a permit under R18-2-302(B)(1). 2. Class II Title V sources are those required to have a permit under R18-2-302(B)(2) and for which either R18- 2- 302(B)(2)(a)(i) or (ii) applies. 3. Class II Non-Title V sources are those required t o have a permit under R18-2-302(B)(2) and for which neither R18-2-302(B)(2)(a)(i) nor (ii) applies.

B. Fees for Permit Actions. 1. The owner or operator of a Class I Title V source , Class II Title V source, or Class II Non-Title V source shal l pay to the Director the following:a. $133.50 per hour, adjusted annually under subsection (H), for all permit processing time required f or a billable permit action; and b. The actual costs of public notice conducted according to R18-2-330. 2. The Director may require periodic payment of perm it processing fees based on the most recent accountingof time spent processing the permit including any fees for

contractors. 3. Upon completion of permit processing activities o ther than issuance or denial of the permit or permit rev ision,
the Director shall send notice of the decision to the applicant along with a final itemized bill. The maximum fee for any billable permit action for a non-Title V so urce is $25,000. Except as provided in subsection (G), the Director shall not issue a permit or permit revision unt il the final bill is paid in full.

C. Class I Title V Fees. The owner or operator of a Cl ass I Title V source that has undergone initial startup by Januar y 1 shall annually pay to the Director an administrative fee plus an
emissions-based fee as follows: 1. The applicable administrative fee from the table below, as adjusted annually under subsection (H). The fee is due by February 1 or 60 days after the Director mails the invoice under subsection (F), whichever is later. 2. An emissions-based fee of $38.25 per ton of actua l emissions of all regulated pollutants emitted during th e previous calendar year ending 12 months earlier. The fee is adjusted annually under subsection (d) and due by F ebruary 1 or 60 days after the Director mails the invoi ce under subsection (F), whichever is later. a. For purposes of this Section, “actual emissions” means the quantity of all regulated pollutants emit

ted during the calendar year, as determined by the annual emissions inventory under R18-2-327. b. For purposes of this Section, regulated pollutant s consist of the following:i. Nitrogen oxides and any volatile organic compounds; ii. Conventional air pollutants, except carbon monoxide and ozone; iii. Any pollutant that is subject to any standard promulgated under Section 111 of the Act,including fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, and reduced sulfur compounds; and iv. Any federally listed hazardous air pollutant.c. For purposes of this Section, the following emissions of regulated pollutants are excluded from a

source’s actual emissions: i. Emissions of any regulated pollutant from the source in excess of 4,000 tons per year; ii. Emissions of any regulated pollutant already included in the actual emissions for the source,such as a federally listed hazardous air pollutant that is already accounted for as a VOC or as

PM 10 ; iii. Emissions from insignificant activities listed in the permit application for the source under R18-2-304(E)(8); iv. Fugitive emissions of PM 10 from activities other than crushing, belt transfers, screening, or stacking; andv. Fugitive emissions of VOC from solutionextraction units. d. The Director shall adjust the rate for emission-b ased fees every November 1, after December 4, 2007, by multiplying $38.25 by the Consumer Price Index (CPI) for the most recent year, and then dividing b y the CPI for the year 2007. The Consumer Price Index for any year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of that year.

D. Class II Title V Fees. The owner or operator of a C lass II Title V source that has undergone initial startup by Janu ary 1 shall pay the applicable administrative fee from the tabl e below, Class I Title V Source Category Administrative Fee Aerospace $20,800

Air Curtain Destructors $750
Cement Plants $63,690
Combustion/Boilers $15,480
Compressor Stations $12,730
Electronics $20,490
Expandable Foam $14,680
Foundries $19,520
Landfills $15,960
Lime Plants $60,160
Copper & Nickel Mines $15,000
Gold Mines $15,000 Mobile Home Manufacturing $14,830
Paper Mills $20,480
Paper Coaters $15,480
Petroleum Products Terminal Facilities $22,730 Polymeric Fabric Coaters $20,480 Reinforced Plastics $15,480
Semiconductor Fabrication $26,930
Copper Smelters $63,690
Utilities - Fossil Fuel Fired Except Coal $16,440
Utilities - Coal Fired $32,570 Vitamin/Pharmaceutical Manufacturing $15,800
Wood Furniture $15,480
Others $20,490

Others with Continuous Emissions Monitoring $20,490Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 45 Supp. 12-1 adjusted under subsection (H), for that calendar ye ar, and annually thereafter. The fee is due by February 1 o r 60 days

after the Director mails the invoice under subsecti on (F),
whichever is later.

E. Class II Non-Title V Fees. The owner or operator of a Class II Non-Title V source that has undergone initial startup by January 1 shall pay the applicable inspection fee from the table below, adjusted under subsection (H), for that cale ndar year, and annually thereafter. The fee is due by February 1 or 60 days after the Director mails the invoice under sub section (F),
whichever is later.

F. The Director shall mail the owner or operator of ea ch source an invoice for all fees due under subsections (C), (D), or (E) by
December 1.

G. Any person who receives a final itemized bill from the Director under this Section for a billable permit actionmay request an informal review of the hours billed and may pay the bill under protest as provided below: 1. The request shall be made in writing, and receive d by the Director within 30 days of the date of the final bi ll. Unless the Director and person agree otherwise, the informal review shall take place within 30 days after th e Director’s receipt of the request. The Director sha ll arrange the date and location of the informal revie w with the person at least 10 business days before the inf ormal
review. The Director shall review whether the amounts of
time billed are correct and reasonable for the task s involved. The Director shall mail his or her decisi on on the informal review to the person within 10 busines s days
after the informal review date.

2. The Director’s decision after informal review sha ll become final unless, within 30 days after person’s receipt of the informal review decision, the person request s a hearing under R18-1-202. 3. If the final itemized bill is paid under protest, the Director shall take final action on the permit or permit rev ision.

H. The Director shall adjust the hourly rate every Nov ember 1, to the nearest 10 cents per hour, after December 4, 20 07, by multiplying $133.50 by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2007. The Director shall adjust the administrative or inspection fees listed in subsections (C), (D), and (E) e very November 1, to the nearest $10, beginning December 4, 20 07, by multiplying the administrative or inspection fee bythe Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2007. The Consumer Price Index for any year is the average of the Consumer P rice Index for all-urban consumers published by the United Sta tes Department of Labor, as of the close of the 12-month period ending on August 31 of that year. I. An applicant for a Class I or Class II permit or pe rmit revision may request that the Director provide accelerated p rocessing of the application by providing the Director writte n notice 60 days before filing the application. The request sha ll be accompanied by an initial fee of $15,000. The fee is non -refundable

to the extent of the Director’s costs for accelerat ing the processing if the Director undertakes the accelerated processing
described below: 1. If an applicant requests accelerated permit proce ssing, the Director may, to the extent practicable, undertake to process the permit or permit revision according to the following schedule: a. For applications for initial Class I and II permi ts under R18-2-302 or significant permit revisions under R18-2-320, the Director shall issue or deny the proposed permit or permit revision within 120 days after the Director determines that the applica

tion is complete. b. For minor permit revisions under R18-2-319, the Director shall issue or deny the permit revisionwithin 60 days after receiving a complete application. 2. At any time after an applicant requests accelerat ed permit processing, the Director may require additional adv ance payments based on the most recent estimate of addit ional

costs. 3. Upon completion of permit processing activities b ut before issuance or denial of the permit or permit r evision,
the Director shall send notice of the decision to the applicant along with a final bill. The maximum fee for any billable permit action for a non-Title V source is $25,000. The final bill shall include all regular permit pro cessing and other fees due, and, in addition, the differenc e between the cost of accelerating the permit applica tion, including any costs incurred by the Director in con tracting for, hiring, or supervising the work of outside consultants, and all advance payments submitted for accele rated processing. In the event all payments made exceed a ctual accelerated permit costs, the Director shall refund the excess advance payments. Nothing in this subsection affects the public participation requirements of R1 8-2- 330, or EPA and affected state review as required under

R18-2-307 or R18-2-319.

J. Inactive Sources. The owner or operator of a permit ted source that has undergone initial startup but was shut down for the entire preceding year shall pay 50 percent of the a dministrative or inspection fee required under subsection (C), (D ), or (E). The owner or operator of a source claiming inactive status under this subsection shall submit a letter to the Director by December 15 of the calendar year for which the sour ce was inactive. Termination of a permit does not relieve a source of any past fees due.

K. If an applicant uses the Tier 4 method for conducti ng a risk management analysis (RMA) according to R18-2-1708(B ), the applicant shall pay any costs incurred by the Direc tor in contracting for, hiring or supervising work of outside consultants.

M. Transition. 1. Subsections (A) through (J) of this Section are e ffective December 4, 2007. The first administrative or inspe ction fees are due on February 1, 2008. 2. Except as provided in subsection (b), all fees in curred after December 4, 2007, are payable in accordance w ith

the rates contained in this Section. a. Emission-based fees for calendar year 2006 shall be billed at $38.25 per ton and be due February 1, 200 8. Class II Title V Source Category Administrative Fee
Synthetic minor sources, except portable sources Administrative fee from

Class I Title V table for
category Stationary $8,070
Portables $8,070

Small Source $750

Class II on-Title V Source Category Inspection Fee Stationary $5,230
Portables $5,230

Gasoline Service Stations $750Supp. 12-1 Page 46 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

b. The hourly rates and maximum fees for a new permit or permit revision are those in effect when the application for the permit or revision is determine d to be complete. c. Fees accrued but not yet paid before the effectiv e date of this Section remain as obligations to be pa id to the Department.

Historical ote Emergency rule adopted effective September 17, 1991

, pursuant to A.R.S. § 41-1026, valid for only 90 day s (Supp. 91-3). Emergency rule re-adopted without change effective December 16, 1991, pursuant to A.R.S. § 4 1- 1026, valid for only 90 days (Supp. 91-4). Emergenc y expired; text deleted (Supp. 93-1). New Section ado pted effective November 15, 1993 (Supp. 93-4). Amended b y final rulemaking at 7 A.A.R. 5670, effective Januar y 1, 2002 (Supp. 01-4). Amended by final rulemaking at 1 0 A.A.R. 4767, effective November 4, 2004 (Supp. 04-4 ). Amended by final rulemaking at 13 A.A.R. 4379, effe ctive December 4, 2007 (Supp. 07-4).

R18-2-326.01.Emissions-Based Fee Increase Related t o Individual Permits for Fiscal Year 2011 In addition to the emissions-based fees required un der R18-2- 326(C) for Class I Title V sources for Calendar Yea r 2008, a onetime emissions-based fee of $20.82 per ton of actua l emissions of all regulated pollutants emitted during Calendar Ye ar 2008 shall be due within 30 days of the invoice postmark date for the increased
fee.

Historical ote New Section made by exempt rulemaking at 16 A.A.R. 844, effective July 1, 2010 (Supp. 10-2).

R18-2-327. Annual Emissions Inventory Questionnaire

A. Every source subject to a permit requirement under this Chapter shall complete and submit to the Director an annual emissions inventory questionnaire. The questionnaire is due by March 31 or 90 days after the Director makes the inventory form available, whichever occurs later, and shall i nclude emission information for the previous calendar year. Th ese requirements apply whether or not a permit has been issued and whether or not a permit application has been filed.

B. The questionnaire shall be on a form provided by th e Director and shall include the following information: 1. The source’s name, description, mailing address, contact person and contact person phone number, and physica l address and location, if different than the mailingaddress. 2. Process information for the source, including des ign capacity, operations schedule, and emissions contro l devices, their description and efficiencies. 3. The actual quantity of emissions from permitted e mission points and fugitive emissions as provided in the pe rmit, including documentation of the method of measurement, calculation, or estimation, determined pursuant to subsection (C), of the following regulated air pollutants : a. Any single regulated air pollutant in a quantity greater than 1 ton or the amount listed for the pol lutant in subsection (a) of the definition of “signifi cant” in R18-2-101, whichever is less. b. Any combination of regulated air pollutants in a quantity greater than 2 1/2 tons.

C. Actual quantities of emissions shall be determined using the following emission factors or data: 1. Whenever available, emissions estimates shall either be
calculated from continuous emissions monitors certi fied pursuant to 40 CFR 75, Subpart C and referenced app endices, or data quality assured pursuant to Appendix F of

40 CFR 60. 2. When sufficient data pursuant to subsection (C)(1 ) is not available, emissions estimates shall be calculated from data from source performance tests conducted pursua nt to R18-2-312 in the calendar year being reported or, when not available, conducted in the most recent calendar year representing the operating conditions of the year b eing reported. 3. When sufficient data pursuant to subsection (C)(1 ) or (C)(2) is not available, emissions estimates shall be calculated using emissions factors from EPA Publicatio n No. AP-42 “Compilation of Air Pollutant Emission Fa ctors,” Volume I: Stationary Point and Area Sources, Fifth Edition, 1995, U.S. Environmental Protection Agency

, Research Triangle Park, NC (and no future editions) which is incorporated by reference and is on file w ith the Department of Environmental Quality and the Office of Secretary of State. AP-42 can be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402, telephone (202) 783

- 3238, or by downloading the document from the EPA Technology Transfer Network, computer modem number (919) 541-5742, setting 8-N-1, VT100, or ANSI. 4. When sufficient data pursuant to subsections (C)( 1) through (C)(3) is not available, emissions estimate s shall be calculated from material balance using engineeri ng knowledge of process. 5. When sufficient data pursuant to subsections (C)( 1) through (C)(4) is not available, emissions estimate s shall be calculated by equivalent methods approved by the Director. The Director shall only approve methods t hat are demonstrated as accurate and reliable as the ap plicable method in subsections (C)(1) through (4).

D. Actual quantities of emissions calculated under sub section (C) shall be determined on the basis of actual operatin g hours, production rates, in-place process control equipment, operational process control data, and types of materials proces sed, stored,

or combusted.

E. An amendment to an annual emission inventory questi onnaire, containing the documentation required by subsection(B)(3), shall be submitted to the Director by any source wh enever it discovers or receives notice, within two years of the original submittal, that incorrect or insufficient informati on was submitted to the Director by a previous questionnaire. If the incorrect or insufficient information resulted in an inc orrect annual emissions fee, the Director shall require that addi tional payment be made or shall apply an amount as a credit t o a future
annual emissions fee. The submittal of an amendment under this subsection shall not subject the owner or oper ator to an enforcement action or a civil or criminal penalty i f the original
submittal of incorrect or insufficient information was due to reasonable cause and not wilful neglect.

F. The Director may require submittal of supplemental emissions inventory questionnaires for air contaminants pursu ant to A.R.S. §§ 49-422, 49-424, and 49-426.03 through 49- 426.08.

Historical ote Emergency rule adopted effective September 17, 1991

, pursuant to A.R.S. § 41-1026, valid for only 90 day s (Supp. 91-3). Emergency rule re-adopted without cha nge effective December 16, 1991, pursuant to A.R.S. § 4 1- 1026, valid for only 90 days (Supp. 91-4). Emergenc y expired; text deleted (Supp. 93-1). New Section ado pted effective November 15, 1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 47 Supp. 12-1 R18-2-328. Conditional Orders

A. The Director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of A.R.S. Title 49, Chapter 3, Article 2, or this Chapter, for any non-federally enforceable req uirement of a permit issued pursuant to this Chapter if the Dir ector makes each of the following findings: 1. Issuance of the conditional order will not endang er public health or the environment, impede attainment or maintenance of the national ambient air quality standards , or constitute a violation of the Act; and 2. Either of the following is true: a. There has been a breakdown of equipment or upset of operations beyond the control of the petitioner which causes the source to be out of compliance with the requirements of this Chapter; the source was in compliance with the requirements of this Chapter before the breakdown or upset, and thebreakdown or upset may be corrected within a reasonable time; b. There is no reasonable relationship between the e conomic and social cost of, and benefits to be obtain ed from, achieving compliance.

B. The following procedures shall apply to a person se eking a
conditional order: 1. The person shall file a petition for a conditiona l order with the Director. The petition shall contain at a minimum: a. A description of the breakdown or upset; b. A description of corrective action being undertak en to bring the source back into compliance;
c. An estimate of emissions related to the breakdown
or upset; d. A compliance schedule with a date of final compli

ance and interim dates as appropriate; e. A detailed analysis of the economic and social co sts and benefits of achieving compliance with the requirement for which the variance is sought, if th e petition is based on subsection (A)(2)(b). 2. If the issuance of the conditional order requires a public hearing pursuant to R18-2-330, the Director shall s et the hearing date within 30 days after the filing of the petition and the hearing shall be held within 60 days after the filing of the petition. 3. Notice of the filing of a petition for a conditio nal order and of the hearing date on said petition shall be p ublished in the manner provided in A.R.S. § 49-444 and R18-2

- 330.

C. Decisions on petitions for a conditional order shal l be made as
follows: 1. For any conditional order that requires a revisio n to the SIP, the Director shall comply with the requirement s contained in 40 CFR 51, Subpart F. 2. For any other conditional order, the Director sha ll grant or deny the petition with such terms and conditions as are listed in subsection (E)(2) within 30 days after th e conclusion of any required hearing, or, if no hearing is held, within 60 days after the filing of the petition.

D. A fee to cover the costs of processing conditional orders may be charged by the Director prior to issuance consis tent with R18-2-326(I) or (J). The fee shall be deposited in the permit administration fund established in A.R.S. § 49-455.

E. The terms of a conditional order or its renewal sha ll conform to the following: 1. A conditional order issued by the Director shall be valid for such period as the Director prescribes but in n o event for more than one year in the case of a source that is required to obtain a permit pursuant to this Chapte r and Title V of the Act, and three years in the case of any other source that is required to obtain a permit pursuant to this Chapter. 2. The terms and conditions which are imposed as a c ondition to the granting or the continued existence of a conditional order shall include: a. A detailed plan for completion of corrective step s needed to conform to the provisions of A.R.S. Title 49, Chapter 3, Article 2, this Chapter, and the requirements of any permit issued pursuant to this Chapter; b. A requirement that necessary construction shall begin as expeditiously as practicable and proceed a s specified in the compliance schedule; c. Written reports, at least quarterly, of the statu s of the source and construction progress; d. The right of the Director to make periodic inspec tion
of the facilities for which the conditional order i s granted;
e. Such additional terms and conditions as the Direc tor finds necessary to meet the requirements of this Se ction and A.R.S. § 49-437. 3. A holder of a conditional order may petition the Director to renew the order. The total term of the initial p eriod and all renewals shall not exceed three years from the date of
initial issuance of the order. Petitions for renewa l may be filed at any time not more than 60 days nor less th an 30 days prior to the expiration of the order. The Dire ctor, within 30 days of receipt of a petition, shall rene w the conditional order for one year if the petitioner is in compliance and conforming with the terms and condition s imposed. The Director may refuse to renew the condi

tional order if, after a public hearing held within 30 days of receipt of a petition, the Director finds that the petitioner is not in compliance and conforming with the terms and conditions of the conditional order. If, after a period of three years from the date of original issuance, the petitioner is not in compliance and conforming with the terms and conditions, the Director may renew a conditiona l order for a total term of two additional years only if the Director finds that failure to comply and conform i s due to conditions beyond the control of such petitioner

. 4. If the Director amends or adopts any rule imposin g conditions on the operation of an air pollution source which have become effective as to the source by reason of the action of the Director or otherwise, and which requ ire the implementation of control strategies necessitating the installation of additional or different air polluti on control equipment, the Director may renew a conditional ord er for an additional term. The term of the renewal sha ll be governed by the preceding subsections of this Secti on, except that the total term of the renewal shall not exceed
two years. 5. A conditional order issued by the Director shall be effective when issued unless: a. The conditional order varies from the requirement s of the applicable implementation plan, in which cas e the conditional order shall be submitted to the Administrator as a revision to the applicable imple

mentation plan pursuant to Section 110(l) of the Ac t and shall become effective upon approval by the
Administrator. b. The conditional order varies from the requirement s of a permit issued for a facility that is required toSupp. 12-1 Page 48 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

obtain a permit pursuant to Title V of the Act, in
which case the conditional order shall be submitted to the Administrator if required by Section 505 of
the Act and shall be effective at the end of the review period specified in such section, unless objected to within such period by the Administrator

. F. Violation of the terms and conditions of the condit ional order shall subject the source to suspension or revocatio n of the conditional order in accordance with A.R.S. § 49-441.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4).

R18-2-329. Permits Containing the Terms and Conditio ns of Federal Delayed Compliance Orders (DCO) or Consent

Decrees

A. The terms and conditions of either a delayed compli ance order (DCO) or consent decree shall be incorporated into a permit through a permit revision. In the event the permit expires prior to the expiration of the DCO or consent decree, the DCO or consent decree shall be incorporated into any permi t renewal.

B. The owner or operator of a source subject to a DCO or consent decree shall submit to the Director a quarterly rep ort of the status of the source and construction progress and cop ies of any reports to the Administrator required under the ord er or decree. The Director may require additional reporti ng requirements and conditions in permits issued under this Article.

C. For the purpose of this Chapter, sources subject to a consent decree issued by a federal court shall meet the sam e requirements as those subject to a DCO.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4).

R18-2-330. Public Participation

A. The Director shall provide public notice, an opport unity for public comment, and an opportunity for a hearing be fore taking any of the following actions: 1. A permit issuance or renewal of a permit, 2. A significant permit revision, 3. Revocation and reissuance or reopening of a permi t, 4. Any conditional orders pursuant to R18-2-328, 5. Granting a variance from a general permit under R 18-2-
507 and R18-2-1705.

B. The Director shall provide public notice of receipt of complete applications for permits to construct or make a maj or modification to major sources by publishing a notice in a newspaper of general circulation in the county where the sour ce is or will
be located.

C. The Director shall provide the notice required purs uant to subsection (A) as follows: 1. The Director shall publish the notice once each w eek for two consecutive weeks in two newspapers of general circulation in the county where the source is or will be
located. 2. The Director shall mail a copy of the notice to p ersons on a mailing list developed by the Director consistingof those persons who have requested in writing to be p laced on such a mailing list.

D. The notice required by subsection (C) shall include the following: 1. Identification of the affected facility; 2. Name and address of the permittee or applicant; 3. Name and address of the permitting authority proc essing the permit action; 4. The activity or activities involved in the permit action; 5. The emissions change involved in any permit revis ions; 6. The air contaminants to be emitted; 7. If applicable, that a notice of confidentiality h as been filed under R18-2-305; 8. If applicable, that the source has submitted a ri sk management analysis under R18-2-1708; 9. A statement that any person may submit written co mments, or a written request for a public hearing, o r both, on the proposed permit action, along with the deadl ine for such requests or comments; 10. The name, address, and telephone number of a per son from the Department from whom additional informatio n may be obtained; 11. Locations where copies of the permit or permit r evision application, the proposed permit, and all other mat erials
available to the Director that are relevant to the permit decision may be reviewed, including the closest Dep artment office, and the times at which they shall be available for public inspection. 12. The Director shall include a statement in the pu blic notice if the permit or permit revision would result in th e generation of emission reduction credits under R18-2-120 4, or
the utilization of emission reduction credits under R18-2-

1206.

E. The Director shall hold a public hearing to receive comments on petitions for conditional orders which would var y from requirements of the applicable implementation plan. For all other actions involving a proposed permit, the Dire ctor shall hold a public hearing only upon written request. If a public hearing is requested, the Director shall schedule t he hearing and publish notice as described in A.R.S. § 49-444 and subsection (D). The Director shall give notice of any pub lic hearing at least 30 days in advance of the hearing.

F. At the time the Director publishes the first notice under subsection (C)(1), the applicant shall post a notice c ontaining the information required in subsection (D) at the site where the source is or may be located. Consistent with federa l, state, and local law, the posting shall be prominently placed at a location under the applicant’s legal control, adjacent to th e nearest public roadway, and visible to the public using the public roadway. If a public hearing is to be held, the applicant sh all place an additional posting providing notice of the hearing. Any posting shall be maintained until the public comment pe riod is

closed.

G. The Director shall provide at least 30 days from th e date of its first notice for public comment. The Director shall keep a

record of the commenters and of the issues raised during the public participation process and shall prepare writ ten responses to all comments received. At the time a final decision is made, the record and copies of the Director ’s responses shall be made available to the applicant and all co mmenters.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 1815, effec tive March 18, 2002 (Supp. 02-1). R18-2-330 has been cor

rected to include subsection (D)(12), which was omi tted when the Section was amended in the 02-1 supplement (Supp. 05-1). Amended by final rulemaking at 12 A.A .R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-331. Material Permit Conditions

A. For the purposes of A.R.S. §§ 49-464(G) and 49-514( G), a “material permit condition” shall mean a condition which satisfies all of the following: 1. The condition is in a permit or permit revision i ssued by
the Director or a control officer after November 15 , 1993. 2. The condition is identified within the permit as a material permit condition.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 49 Supp. 12-1 3. The condition is one of the following: a. An enforceable emission standard imposed to avoid classification as a major modification or major source or to avoid triggering any other applicable requirement; b. A requirement to install, operate, or maintain a maximum achievable control technology or hazardous air pollutant reasonably available control technolo gy required under Article 17 of this Chapter; c. A requirement for the installation or certificati on of a monitoring device; d. A requirement for the installation of air polluti on control equipment; e. A requirement for the operation of air pollution control equipment; f. An opacity standard required by Section 111 or Ti tle I, Part C or D of the Act. 4. Violation of the condition is not covered by A.R. S. § 49- 464(A) through (F), or (H) through (J) or A.R.S. § 49- 514(A) through (F), or (H) through (J).

B. For the purposes of subsections (A)(3)(c), (d), and(e), a permit condition shall not be material where the failure to comply
resulted from circumstances which were outside the control of the source. As used in this Section, “circumstances outside the
control of the source” shall mean circumstances whe re the violation resulted from a sudden and unavoidable break down of the process or the control equipment, resulted fromunavoidable conditions during a start up or shut down or r esulted from upset of operations.

C. For purposes of this Section, the term “emission st andard” shall have the meaning specified in A.R.S. §§ 49-46 4(U) and 49-514(T).

Historical ote Adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amende d by final rulemaking at 12 A.A.R. 1953, effective Ja nuary

1, 2007 (Supp. 06-2).

R18-2-332. Stack Height Limitation

A. The limitations set forth herein shall not apply to stacks or dispersion techniques used by the owner or operator pr ior to December 31, 1970, for which the owner or operator had: 1. Begun, or caused to begin, a continuous program o f physical on-site construction of the stack; 2. Entered into building agreements or contractual o bligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be complete d in a reasonable time; or 3. Coal-fired steam electric generating units, subje ct to the provisions of Section 118 of the Act which commence d operation before July 1, 1975, with stacks construc ted
under a construction contract awarded before February 8,

1974.

B. GEP stack height is calculated as the greater of th e following four numbers in subsections (1) through (4): 1. 213.25 feet (65 meters); 2. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applic able preconstruction permits or approvals required under 40 CFR Parts 51 and 52 and R18-2-403, Hg = 2.5H; 3. For all other stacks, Hg = H + 1.5L, whereHg = good engineering practice stack height, measured from the ground-level elevation at the base o f the stack; H = height of nearby structure measured from the ground-level elevation at the base of the stack; L = lesser dimension (height or projected width) of nearby structure; provided that the EPA, the Director, or local contr ol agency may require the use of a field study or flui d model to verify GEP stack height for the source; or 4. The height demonstrated by a fluid model or a fie ld study approved by the reviewing agency, which ensures tha t the
emissions from a stack do not result in excessive c oncentrations of any air pollutant as a result of atmosp heric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain obstac les; 5. For a specific structure or terrain feature, “nearby” shall

be:a. For purposes of applying the formulae in subsections (B)(2) and (3), that distance up to five time s the lesser of the height or the width dimension of a structure but not greater than 0.8 km (1/2 mile). b. For conducting demonstrations under subsection (B)(4), means not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a dis

tance of up to 10 times the maximum height (H+) of the feature, not to exceed 2 miles if such feature achieved a height (H+) 0.8 km from the stack. The height shall be at least 40% of the GEP stack height determined by the formula provided in subsection (B)(3), or 85 feet (26 meters), whichever is greate r, as measured from the ground-level elevation at the
base of the stack. 6. “Excessive concentrations” means, for the purpose of determining good engineering practice stack height under subsection (B)(4): a. For sources seeking credit for stack height excee ding that established under subsections (B)(2) and (3), a maximum ground-level concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features whichindividually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which
contributes to a total concentration due to emissio ns from all sources that is greater than an ambient ai r quality standard. For sources subject to the requir ements for permits or permit revisions under Article 4 of this Chapter, an excessive concentration alterna

tively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain features whichindividually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than the applicable maximum allowable increase

contained in R18-2-218. The allowable emissionrate to be used in making demonstrations under subsection (B)(4) shall be prescribed by the new sourc e performance standard which is applicable to thesource category unless the owner or operator demonstrates that this emission rate is infeasible. Wh ere such demonstrations are approved by the Director,
an alternative emission rate shall be established i n consultation with the source owner or operator;Supp. 12-1 Page 50 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 aft erNovember 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, basedon 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 s ource after the respective date given in subsection (A) above f or 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 fo r any source seeking credit because of plume impaction wh ich
results in concentrations in violation of national ambient air quality standards or applicable maximum allowable i ncreases under R18-2-218 can be adjusted by determining the stack height necessary to predict the same maximum air po llutant concentration on any elevated terrain feature as th e maximum
concentration associated with the emission limit wh ich results from modelling the source using the GEP stack heigh t as determined herein and assuming the elevated terrain features to be equal in elevation to the GEP stack height. I f this adjusted GEP stack height is greater than stack hei ght the source proposes to use, the source’s emission limit ation and air quality impact shall be determined using the propos ed stack height and the actual terrain heights.

E. Before the Director issues a permit or permit revis ion under this Article to a source based on a good engineerin g practice stack height that exceeds the height allowed by sub section (B), the Director shall notify the public of the availab ility of the demonstration study and provide opportunity for a p ublic hearing in accordance with the requirements of R18-1-40 2.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4).

R18-2-333. Acid Rain

A. 40 CFR 72, 74, 75 and 76 and all accompanying appen dices, adopted as of July 1, 2006, (and no future amendments) are incorporated by reference as applicable requirement s. 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 Quali ty and “Administrator” means the Administrator of the Unit ed States Environmental Protection Agency.

C. If the provisions or requirements of the regulation s incorporated in this Section conflict with any of the rema ining portions of this Title, the regulations incorporated i n this Section apply and take precedence.

Historical ote 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, effec tive August 12, 1999 (Supp. 99-3). Amended by final rule

making 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 Septe mber 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 0 5-4). Amended by final rulemaking at 13 A.A.R. 4199, effe ctive January 5, 2008 (Supp. 07-4).

ARTICLE 4. PERMIT REQUIREMETS FOR EW MAJOR

SOURCES AD MAJOR MODIFICATIOS TO EXISTIG

MAJOR SOURCES

R18-2-401. Definitions
In addition to the definitions contained in Article 1 of this Chapter and A.R.S. § 49-401.01, the following definitions apply to this Article: 1. “Adverse impact on visibility” means visibility i mpairment that interferes with the management, protectio n, preservation, or enjoyment of the visitor’s visual experience of a Class I area, as determined according to R18-2-

410. 2. “Categorical sources” means the following classes of

sources: a. Coal cleaning plants with thermal dryers; b. Kraft pulp mills; c. Portland cement plants; d. Primary zinc smelters; e. Iron and steel mills; f. Primary aluminum ore reduction plants; g. Primary copper smelters; h. Municipal incinerators capable of charging more than 50 tons of refuse per day; i. Hydrofluoric, sulfuric, or nitric acid plants; j. Petroleum refineries; k. Lime plants; l. Phosphate rock processing plants; m. Coke oven batteries; n. Sulfur recovery plants; o. Carbon black plants using the furnace process; p. Primary lead smelters; q. Fuel conversion plants; r. Sintering plants; s. Secondary metal production plants; t. Chemical process plants; u. Fossil-fuel boilers, combinations thereof, totali ng more than 250 million Btu’s per hour heat input; v. Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels; w. Taconite preprocessing plants; x. Glass fiber processing plants; y. Charcoal production plants; z. Fossil-fuel-fired steam electric plants and combi ned cycle gas turbines of more than 250 million Btu’s per hour heat input.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 51 Supp. 12-1 3. “Complete” means, in reference to an application for a permit or permit revision, that the application con tains all the information necessary for processing the applic ation. 4. “Dispersion technique” means any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following: a. Using that portion of a stack that exceeds good e ngineering practice stack height; b. Varying the rate of emission of a pollutant accor ding to atmospheric conditions or ambient concentrations of that pollutant; or c. Increasing final exhaust gas plume rise by manipu

lating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams that increases the exhaust gas plume rise. This shall no t include any of the following: i. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which itwas originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions:(1) The source owner or operator demonstrates that the facility was originally designed and constructed with the merged
gas streams; (2) After July 18, 1985, the merging is part of a change in operation at the facility thatincludes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or (3) Before July 8, 1985, the merging was part of a change in operation at the facility that

included the installation of emissions control equipment or was carried out for sound economic or engineering reasons.

Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Department shall presume that merging was significantly motivated by an intent to gain emissions credit forgreater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Department shall denycredit for the effects of the merging in calculating the allowable emissions for the

source.iii. Smoke management in agricultural or silvicultural prescribed burning programs.iv. Episodic restrictions on residential woodburning and open burning. v. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. 5. “High terrain” means any area having an elevation of 900

feet or more above the base of the stack of a sourc e. 6. “Innovative control technology” means any system of air pollution control that has not been adequately demo nstrated in practice but would have a substantial li kelihood of achieving greater continuous emissions reductionthan any control system in current practice, or of achie ving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts. 7. “Low terrain” means any area other than high terr ain. 8. “Lowest achievable emission rate” (LAER) means, f or any source, the more stringent rate of emissions ba sed on one of the following: a. The most stringent emissions limitation that is c ontained in the SIP of any state for the class or cat egory of stationary source, unless the owner oroperator of the proposed stationary source demonstrates that the limitations are not achievable; or

, b. The most stringent emissions limitation that is achieved in practice by the class or category of st ationary source. This limitation, when applied to amodification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. The application of th is term shall not permit a proposed new or modified stationary source to emit any pollutant in excess o f the amount allowable under applicable standards of performance in Articles 9 and 11 of this Chapter. 9. “Major source” means: a. Any stationary source located in a nonattainment area that emits, or has the potential to emit, 100 tons per year or more of any conventional air pollutant, except as follows:

b. Any stationary source located in an attainment or unclassifiable area that emits, or has the potentia l to emit, 100 tons per year or more of any conventional air pollutant if the source is classified as a Cate gorical Source, or 250 tons per year or more of any pol

lutant subject to regulation under the Act if the source is not classified as a Categorical Source; c. Any change to a minor source, except for VOC or
NOx emission increases at minor sources in serious or severe ozone nonattainment areas, that would increase its emissions to the qualifying levels in subsections (a) or (b); d. Any change in VOC or NOx at a minor source in
serious or severe ozone nonattainment areas that would be “significant” under R18-2-405(B) and that would increase its emissions to the qualifying leve ls in subsection (a); Pollutant Emitted Nonattainment

Pollutant and
Classification Quantity Threshold

tons/year or more

Carbon Monoxide (CO) CO, Serious, with

stationary sources
as more than 25%
of source inventory 50

Volatile Organic Compounds (VOC)

VOC

PM 10 NOx

NOx

or Ozone, Serious

Ozone, Severe

PM 10 , Serious Ozone, Serious Ozone, Severe 50

25

70

50

25Supp. 12-1 Page 52 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

e. Any stationary source that emits, or has the pote ntial to emit, five or more tons of lead per year;f. Any source classified as major undergoing modification that meets the definition of reconstruction; g. A major source that is major for VOC shall be con

sidered major for ozone; or h. A major source that is major for oxides of nitrog en shall be major for ozone in nonattainment areas cla ssified as marginal, moderate, serious, or severe.
10. “Reconstruction” of sources located in nonattainment areas shall be presumed to have taken place if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new sta tionary source, as determined in accordance with the provis ions of 40 CFR 60.15(f)(1) through (3). 11. “Resource recovery project” means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and p reparing solid waste for reuse. Only energy conversion facilities that utilize solid waste that provides more th an 50% of the heat input shall be considered a resource re covery project under this Article. 12. “Significance levels” means the following ambient concentrations for the enumerated pollutants:

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Former Sect ion R9-3-401 renumbered without change as Section R18-2

- 401 (Supp. 87-3). Section R18-2-401 renumbered to R 18- 2-601. New Section R18-2-401 adopted effective November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 5 A.A.R. 4074, effective September 22, 19 99 (Supp. 99-3). Typographical error corrected in R18- 2- 401(9)(a) (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 1134, effective May 5, 2007 (Supp. 07-1).

R18-2-402. General

A. No person shall commence construction of a new majo r source or the major modification of a source without first obtaining a permit or a permit revision from the Director.

B. An application for a permit or permit revision unde r this Article shall not be considered complete unless the app lication
demonstrates that: 1. The requirements in subsection (C) are met; 2. The more stringent of the applicable new source p erformance standards in Article 9 of this Chapter or the existing source performance standards in Article 7 of th is Chapter are applied to the proposed new major sourc e or major modification of a major source; 3. The visibility requirements contained in R18-2-41 0 are satisfied; 4. All applicable provisions of Article 3 of this Ch apter are
met; 5. The new major source or major modification will b e in compliance with whatever emission limitation, desig n, equipment, work practice or operational standard, o r combination thereof is applicable to the source or modification. The degree of emission limitation required for control of any pollutant under this Article shall n ot be affected in any manner by: a. Stack height in excess of GEP stack height except as provided in R18-2-332; or b. Any other dispersion technique, unless implemente d prior to December 31, 1970; 6. The new major source or major modification will n ot exceed the applicable standards for hazardous air p ollutants contained in this Chapter; 7. The new major source or major modification will n ot exceed the limitations, if applicable, on emission from nonpoint sources contained in Article 6 of this Cha pter; 8. A stationary source that will emit five or more t ons of lead per year will not violate the ambient air qual ity standards for lead contained in R18-2-206; 9. The new major source or major modification will n ot have an adverse impact on visibility, as determined according to R18-2-410.

C. Except for assessing air quality impacts within Cla ss I areas, the air impact analysis required to be conducted as part of a permit application shall initially consider only th e geographical area located within a 50 kilometer radius from the point of greatest emissions for the new major source or majo r modification. The Director, on his own initiative or uponreceipt of written notice from any person shall have the right at any time to request an enlargement of the geographical area for which an air quality impact analysis is to be performed b y giving the person applying for the permit or permit revision written notice thereof, specifying the enlarged radius to b e so considered. In performing an air impact analysis for any geographical area with a radius of more than 50 kilometers, the person applying for the permit or permit revision may use monitoring or modeling data obtained from major sources having comparable emissions or having emissions which are capab le of being accurately used in such demonstration, and wh ich are subjected to terrain and atmospheric stability cond itions which are comparable or which may be extrapolated with re asonable accuracy for use in such demonstration.

D. Unless the requirement has been satisfied pursuant to Article 3 of this Chapter, the Director shall comply with fol lowing requirements: 1. Within 60 days after receipt of an application fo r a permit or permit revision subject to this Article, or any addition to such application, the Director shall advise the applicant of any deficiency. The date of receipt of the appli cation shall be, for the purpose of this Section, the date on which the Director received all required information. The permit application shall not be deemed complete if the Dir ector fails to meet the requirements of this subsection. 2. A copy of any notice required by R18-2-330 shall be sent to the permit applicant, to the Administrator, and to the following officials and agencies having cognizance over the location where the proposed major source or maj or modification would occur: Averaging Time

Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour

SO 2 1 μg/m 3 5 μg/m 3 25 μg/m 3

NO 2 1 μg/m 3

CO 0.5 mg/m 3 2 μg/m 3

PM 10 1 μg/m 3 5 μg/m 3

Except for the annual pollutant concentrations, the Department shall deem that exceedance of significance levels h as occurred when the ambient concentration of the above pollutant is exceeded more than once per year at any one locatio n. If the concentration occurs at a specific location and at a time when Arizona ambient air quality standards for the pollutant are not violated, the significance level does not apply.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 53 Supp. 12-1

a. The air pollution control officer, if one exists, for the county wherein the proposed or existing source that is the subject of the permit or permit revision app lication is located; b. The county manager for the county wherein the pro

posed or existing source that is the subject of the permit or permit revision application is located; c. The city or town managers of the city or town whi ch contains, and any city or town the boundaries of which are within 5 miles of, the location of the proposed or existing source that is the subject of the permit or permit revision application; d. Any regional land use planning agency with author

ity for land use planning in the area where the pro

posed or existing source that is the subject of the permit or permit revision application is located; and e. Any state, Federal Land Manager, or Indian govern

ing body whose lands may be affected by emissions from the proposed source or modification. 3. The Director shall take final action on the appli cation within one year of the proper filing of the complet ed application. The Director shall notify the applicant in writing of his approval or denial. 4. The Director shall terminate a permit or permit revision issued under this Article if the proposed construct ion or major modification is not begun within 18 months of issuance or, if during the construction or major mo dification, work is suspended for more than 18 months.

Historical ote Amended effective August 6, 1976 (Supp. 76-4). Form er Section R9-3-402 repealed, new Section R9-3-402 adopted effective May 14, 1979 (Supp. 79-1). Amende d and adopted by reference Open Burning Guidelines fo r Air Pollution Control effective September 22, 1983 (Supp. 83-5). Former Section R9-3-402 renumbered without change as Section R18-2-402 (Supp. 87-3). S ection R18-2-402 renumbered to R18-2-602, new Section R18-2-402 adopted effective November 15, 1993

(Supp. 93-4).

R18-2-403. Permits for Sources Located in onattainm ent
Areas

A. Except as provided in subsections (C) through (G) b elow, no permit or permit revision shall be issued under thi s Article to a person proposing to construct a new major source or make a major modification to a source located in any nonattainment area for the pollutant(s) for which the source is c lassified as a major source or the modification is classified as amajor modification unless: 1. The person demonstrates that the new major source or the major modification will meet an emission limitation which is the lowest achievable emission rate (LAER) for that source for that specific pollutant(s). In dete rmining

lowest achievable emission rate for a reconstructedstationary source, the provisions of 40 CFR 60.15(f)(4 ) shall be taken into account in assessing whether a new so urce performance standard is applicable to such stationary

source. 2. The person demonstrates that all existing major s ources owned or operated by that person (or any entity con trolling, controlled by, or under common control with t hat person) in the state are in compliance with, or on a schedule of compliance for, all conditions contained in permits of each of the sources and all other applicable emi ssion
limitations and standards under the Act and this Ch apter. 3. The person demonstrates that emission reductions for the specific pollutant(s) from source(s) in existence i n the allowable offset area of the new major source or ma jor modification (whether or not under the same ownersh ip) meet the offset and net air quality benefit require ments of

R18-2-404.

B. No permit or permit revision under this Article sha ll be issued to a person proposing to construct a new major sour ce or make a major modification to a major source located in anonattainment area unless: 1. The person performs an analysis of alternative si tes, sizes, production processes, and environmental control techniques for such new major source or major modification; and 2. The Director determines that the analysis demonstrates that the benefits of the new major source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, c onstruction, or modification.

C. At such time that a particular source or modificati on becomes a major stationary source or major modification sol ely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity o f the source or modification otherwise to emit a pollutant, suchas restriction on hours of operation, then the requirements o f this Section shall apply to the source or modification as though construction had not yet commenced on the source ormodification.

D. Secondary emissions shall not be considered in dete rmining the potential to emit of a new source or modificati on and therefore whether the new source or modification is majo r. However, if a new source or modification is subject to this Section on the basis of its direct emissions, a permit or p ermit revision
under this Article to construct the new source or m odification shall be denied unless the conditions specified in subsections (A)(1) and (2) are met for reasonably quantifiable secondary emissions caused by the new source or modification.

E. A permit to construct a new source or modification shall be denied unless the conditions specified in subsectio ns (A)(1), (2), and (3) are met for fugitive emissions caused by the new source or modification. However, these conditions s hall not apply to a new major source or major modification that would be a major source or major modification only if fug itive emissions, to the extent quantifiable, are considered i n calculating the potential emissions of the source or modificati on, and the source is not either a categorical source or belong s to the category of sources for which New Source Performance St andards

under 40 CFR 60 or National Emission Standards for Hazardous Air Pollutants under 40 CFR 61 were promulgatedby the Administrator prior to August 7, 1980.

F. The requirements of subsection (A)(3) shall not app ly to temporary emission sources, such as pilot plants and p ortable sources, which are only temporarily located in the nonattainment area, are otherwise regulated by a permit, andare in compliance with the conditions of that permit.

G. A decrease in actual emissions shall be considered in determining the potential of a new source or modificatio n to emit only to the extent that the Director has not reliedon it in issuing any permit or permit revision under this Articl e or the state has not relied on it in demonstrating attainment or reasonable further progress.

H. Within 30 days of the issuance of any permit under this Section, the Director shall submit control technology information from the permit to the Administrator for the purpos es listed in Section 173(d) of the Act.Supp. 12-1 Page 54 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

Historical ote Former Section R9-3-403 repealed, new Section R9-3- 403 adopted effective May 14, 1979 (Supp. 79-1). Fo rmer Section R9-3-403 renumbered without change as Secti on R18-2-403 (Supp. 87-3). Section R18-2-403 renumbere d to R18-2-603, new Section R18-2-403 adopted effecti ve

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

R18-2-404. Offset and et Air Quality Benefit Standa rds

A. Increased emissions by a major source or major modi fication subject to this Article shall be offset by reductio ns in the emissions of each pollutant for which the area has beendesignated
as nonattainment and for which the source or modifi cation is classified as major. The offset may be obtained by reductions
in emissions from the source or modification or fro m any other
source in the allowable offset area. Credit for an emissions offset can be used only if it has not been relied uponin demonstrating attainment or reasonable further progress and if it has not been relied upon previously in issuing a permit or permit

revision under this Article under R18-2-402 and R18 -2-403 or is not otherwise required under this Chapter or und er any provision of the SIP.

B. An offset shall not be sufficient unless reductions of total emissions for the particular pollutant for which th e offset is required will be:

1. Obtained from sources within the allowable offset area; 2. Contemporaneous with the operation of the new maj or source or major modification;

3. Less than the baseline of the total emissions forthat pollutant, except in ozone nonattainment areas classif ied as moderate, serious, or severe; and

4. Sufficient to demonstrate that emissions from the new major source or major modification, together with the offset, will result in reasonable further progress forthat pollutant.

C. In ozone nonattainment areas classified as marginal , total emissions of VOC and oxides of nitrogen from other sources shall offset those proposed or permitted from the m ajor source or major modification by a ratio of at least 1.10 t o 1. In ozone nonattainment areas classified as moderate, total e missions of VOC and oxides of nitrogen from other sources shall offset those proposed or permitted from the major source o r major modification by a ratio of at least 1.15 to 1. New major sources and major modifications in serious and severe ozone nonattainment areas shall comply with this Section and R 18-2-405.

D. Only intrapollutant emission offsets shall be allow ed. Intrapollutant emission offsets for VOC shall only include offset reductions in emissions of VOC. Intrapollutant emis sion offsets for oxides of nitrogen shall only include offs et reductions in emissions of oxides of nitrogen.

E. For purposes of this Section, “reasonable further p rogress” means compliance with the schedule of annual increm ental reductions in emissions of the applicable air pollutant prescribed by the Director based on air quality modeli ng under R18-2-409, to provide for attainment of the applicable air quality standards by the deadlines set under Part D of Title I of the Act, or in an applicable implementation plan.

F. For purposes of this Article, “net air quality bene fit” means that, during similar time periods, either subsectio n (F)(1) or (2) below is applicable: 1. A reduction in the number of violations of the ap plicable Arizona ambient air quality standard within the all owable offset area has occurred and the following mathemat ical expression is satisfied: when: C = The applicable Arizona ambient air quality stand ard.

x i = The concentration level of the violation at the i [th] receptor for the pollutant after offsets. N = The number of violations for the pollutant afteroffsets (N ≤ K).

x j = The concentration level of the violation at the j [th] receptor for the pollutant before offsets. K = The number of violations for the pollutant befor e offsets. 2. The average of the ambient concentrations within the allowable offset area after the implementation of the contemplated offsets will be less than the average of the

ambient concentrations within the allowable offset area without the offsets.

G. Baseline further defined: 1. For the purpose of this Section, the baseline of total emissions from any sources in existence or sources thathave obtained a permit or permit revision under this Art icle (regardless of whether or not the sources are in ac tual operation at the time of application for the permitor permit revision) shall be the total actual emissions a t the time the application is filed. In addition, the baseline of total
emissions shall consist of all emission limitations included as conditions on federally enforceable permits except that the offset baseline shall be the actualemissions of the source from which offset credit is obt ained if: a. No emission limitations are applicable to a sourc e from which offsets are being sought; or b. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area. 2. If the emission limitations for a particular poll utant allow greater emissions than the potential emission rate of the source for that pollutant, the baseline shall be th e potential emission rate at the time application for the permit or permit revision under this Article is filed, and em issions offset credit shall be allowed only for control bel ow the potential emission rate.

H. For an existing fuel combustion source, offset cred it shall be based on the allowable emissions under the regulati ons or permit conditions applicable to the source for the typ e of fuel being burned at the time the application for the pe rmit or permit revision under this Article is filed. If an exi sting source
commits to switch to a cleaner fuel at some future date, emissions offset credit based on the actual emissions f or the fuels involved shall not be acceptable unless: 1. The permit or permit revision under this Article for the source specifically requires the use of a specifiedalternative control measure that would achieve the same de gree of emissions reduction if the source switches back to a dirtier fuel at some later date; and
2. The source demonstrates to the Director that it h as secured an adequate long-term supply of the cleaner fuel.

I. Offsets shall be made on either a pounds-per-hour, poundsper-day, or tons-per-year basis, whichever is appli cable, when
all facilities involved in the emission offset calc ulations are operating at their maximum expected or allowed production



## x i 

## C

–
N --------------

i 1= N 

# ∑ x j 

## C

–

K --------------

j 1= K 

# ∑ ≤Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 55 Supp. 12-1 rate and, except as otherwise provided in subsectio n (H), utilizing the type of fuel burned at the time the appl ication for the permit or permit revision under this Article is fil ed. A tonsper-year basis shall not be used if the new or modi fied source or the source offsets is not expected to operate throughout the entire year. No emissions credit may be allowed for replacing one VOC with another VOC of lesser reactivity.

J. Emissions reductions achieved by shutting down an e xisting source or permanently curtailing production or oper ating hours below baseline levels may be credited, if the work force to be affected has been notified of the proposed shutdownor curtailment. No offset credit for shutdowns or curtailment s shall be provided for emissions reductions that are necessar y to bring a source into compliance with RACT or any other stand ard under an applicable implementation plan.

K. The allowable offset area shall be the geographical area in
which the sources are located whose emissions are b eing sought to offset emissions from a new major source or major modification. For the pollutants sulfur dioxide, PM 10 , and carbon monoxide, the allowable offset area shall be de termined by atmospheric dispersion modeling. If the emission offsets are obtained from a source on the same premises or in the immediate vicinity of the new major source or majormodification, and the pollutants disperse from substantiall y the same effective stack height, atmospheric dispersion mode ling shall not be required. The allowable offset area for all other pollutants shall be the nonattainment areas for those pol lutants within which the new major source or major modification is to
be located.

L. An emission reduction may only be used to offset em issions if
the reduced level of emissions will continue for th e life of the
new source or modification and if the reduced levelof emissions is federally and legally enforceable at the t ime of permit issuance. It shall be considered legally enforceabl e if the following conditions are met:

1. The emission reduction is included as a condition in the permit of the source relied upon to offset the emis sions from the new major source or major modification, or in the case of reductions from sources controlled by the applicant, is included as a condition of the permitor permit revision under this Article for the new major s ource or major modification; 2. The emission reduction is adopted as a part of th is Chapter or comparable rules of any other governmental e ntity or is contractually enforceable by the Department and is in effect at the time the permit is issued.

Historical ote Former Section R9-3-404 repealed, new Section R9-3- 404 adopted effective May 14, 1979 (Supp. 79-1). Amended by adding subsection (C) effective Septembe r 22, 1983 (Supp. 83-5). Former Section R9-3-404 renumbered without change as Section R18-2-404 (Supp. 87 -3). Amended subsection (C) effective December 1, 1988 (Supp. 88-4). Section R18-2-404 renumbered to R18-2

- 604, new Section R18-2-404 adopted effective Novemb er 15, 1993 (Supp. 93-4). Amended effective February 2 8, 1995 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99 -3). Amended by final rulemaking at 8 A.A.R. 1815, effec tive

March 18, 2002 (Supp. 02-1).

R18-2-405. Special Rule for Major Sources of VOC or Oxides of itrogen in Ozone onattainment Areas Cla ssified as

Serious or Severe

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or oxides of nitrogen in ozo ne nonattainment areas classified as serious or severe. Unl ess otherwise provided in this Section, all requirement s of Articles 3 and 4 of this Chapter apply.

B. “Significant” means, for the purposes of a major mo dification of any major source of VOC or oxides of nitrogen, o r for determining whether an otherwise minor source is ma jor under R18-2-401(9)(d), any physical change or change in the method of operations that results in net increases in emis sions of either pollutant by more than 25 tons when aggregated with all other
creditable increases and decreases in emissions fro m the source over the previous five consecutive calendar years, including the calendar year in which the increase i s proposed. For the purposes of this subsection, a physical change or change in the method of operation that results in an increase of less than one ton per year of VOC or oxides of nitr ogen before netting does not trigger a five-year aggregation ex ercise.

C. For any major source that emits or has the potentia l to emit less than 100 tons VOC or oxides of nitrogen per ye ar, a significant increase in VOC or oxides of nitrogen, res pectively, shall constitute a major modification except that the increase in emissions from any discrete emissions unit, oper ation, or other pollutant emitting activity that is offset fr om other units, operations, or activities at the source at a ratio of 1.3 to 1 for the increase in VOC or oxides of nitrogen, respecti vely, from the unit, operation, or activity shall not be consi dered part of the major modification. BACT shall be substituted f or LAER for all major modifications under this subsection. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein shall be subject to the offset requirements in subsections (E) and (F).

D. For any stationary source that emits or has the pot ential to emit 100 tons or more of VOC or oxides of nitrogen per y ear, any significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification. If t he increase in emissions from the modification at any discrete emi ssions unit, operation, or other pollutant emitting activi ty is offset from other units, operations, or activities at the source at a ratio of 1.3 to 1 for the increase in VOC or oxides of nitrogen, respectively, from the unit, operation, or activity , BACT shall be substituted for LAER at the unit, operation, or activity. Net emissions increases in VOC or oxides of nitrogen ab ove the internal offset described herein shall be subject t o the offset requirements in subsections (E) and (F).

E. For any new major source or major modification thatis classified as major because of emissions or potential to emit VOC or oxides of nitrogen in an ozone nonattainment area c lassified as serious, the increase in emissions of these pollutants from the

source or modification shall be offset at a ratio o f 1.2 to 1. The offset shall be made in accordance with the provisi ons of R18-

2-404.

F. For any new major source or major modification thatis classified as such because of emissions or potential to e mit VOC or oxides of nitrogen in an ozone nonattainment area c lassified as severe, the increase in emissions of these pollutan ts from the
source or modification shall be offset at a ratio o f 1.3 to 1. If the SIP requires all existing major sources of thes e pollutants in the nonattainment area to apply BACT, then the o ffset ratio
shall be 1.2 to 1. These offsets shall be made in a ccordance with the provisions of R18-2-404.

Historical ote Former R9-3-405, Other industries, renumbered R9-3- 406, new Section adopted effective September 17, 19 75 (Supp. 75-1). Former Section R9-3-405 repealed, new Section R9-3-405 adopted effective May 14,1979 (Sup p. 79-1). Amended effective October 2, 1979 (Supp. 79- 5). Former Section R9-3-405 renumbered without change a sSupp. 12-1 Page 56 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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Section R18-2-405 (Supp. 87-3). Section R18-2-405 renumbered to R18-2-605, new Section R18-2-405 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effec tive

September 22, 1999 (Supp. 99-3).

R18-2-406. Permit Requirements for Sources Located i n Attainment and Unclassifiable Areas

A. Except as provided in subsections (B) through (G) b elow and R18-2-408 (Innovative control technology), no permi t or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a ma jor modification to a major source that would be constr ucted in an area designated as attainment or unclassifiable forany pollutant unless the source or modification meets the fol lowing conditions: 1. A new major source shall apply best available con trol technology (BACT) for each pollutant listed in R18- 2- 101(104)(a) for which the potential to emit is sign ificant. 2. A major modification shall apply BACT for each po llutant listed in R18-2-101(104)(a) for which the modification would result in a significant net emissions in crease at the source. This requirement applies to each propos ed
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 determinati on of BACT shall be reviewed and modified as appropriate at
the latest reasonable time which occurs no later th an 18 months prior to commencement of construction of eac h independent phase of the project. At such time the owner or operator of the applicable stationary source maybe required to demonstrate the adequacy of any previou s determination of best available control technology 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, includi ng fuel cleaning or treatment, clean fuels, or innovat ive fuel combustion techniques, for control of such pollutan t. In no event shall such application of BACT result in e missions of any pollutant, which would exceed the emis sions allowed by any applicable new source performance st andard or national emission standard for hazardous ai r pollutants under Articles 9 and 11 of this Chapter. If the Director determines that technological or economic limitations on the application of measurement methodolo gy to a particular emissions unit would make the impos ition of an emissions standard infeasible, a design, equi pment, work practice, operational standard, or combination thereof may be prescribed instead to satisfy the re quirement for the application of BACT. Such standard sha ll, to the degree possible, set forth the emissions reduct ion achievable by implementation of such design, equipm ent, work practice, or operation and shall provide for c ompliance by means which achieve equivalent results. 5. The person applying for the permit or permit revi sion under this Article performs an air impact analysis and monitoring as specified in R18-2-407, and such anal ysis
demonstrates that allowable emission increases fromthe proposed new major source or major modification, in conjunction with all other applicable emission incr eases or reductions, including secondary emissions, for a ll pollutants listed in R18-2-218(A), and including minor and mobile source emissions of oxides of nitrogen and P M 10 : a. Would not cause or contribute to an increase in c oncentrations of any pollutant by an amount in excess of any applicable maximum allowable increase over the baseline concentration in R18-2-218 for any attainment or unclassified area; or
b. Would not contribute to an increase in ambient co ncentrations 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 ar e being violated. A new major source of volatile organic compounds or oxides of nitrogen, or a major modification to a major source of volatile organic compounds or oxides of nitrogen 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 sat isfactorily demonstrated to the Director that emissio ns of volatile organic compounds or oxides of nitrogen from the new major source or major modification

will not contribute to violations of the Arizona ambient air quality standards for ozone in adjacent non attainment areas for ozone. Such a demonstration shal linclude 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 emitte d 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 applicableair quality models, data basis, and other requirements specified in 40 CFR 51, Appendix W, “Guideline On Air Quality Models,” as of July 1, 2004 (an d no future amendments or editions), which shall be referred to hereinafter as “Guideline” and is adopt ed by reference and is on file with the Department. b. Where an air quality impact model specified in th e “Guideline” is not applicable, the model may be

modified or another model substituted. Such a change shall be subject to notice and opportunity f or public comment. Written approval of the EPA Administrator shall be obtained for any modificatio n or substitution.

B. The requirements of this Section shall not apply to a new major source or major modification to a source withrespect 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 inan area designated as nonattainment for the pollutant.

C. The requirements of this Section shall not apply to a new major source or major modification of a source if s uch source or modification would be a major source or major mo dification only if fugitive emissions, to the extent quan tifiable, are considered in calculating the potential emissions o f the source or modification, and the source is not either among the Categorical Sources listed in R18-2-101 or belongs to the category

of sources for which New Source Performance Standar ds
under 40 CFR 60 or National Emission Standards for Hazardous Air Pollutants under 40 CFR 61 promulgated by the Administrator prior to August 7, 1980.

D. The requirements of this Section shall not apply to a new major source or major modification to a source when theArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 57 Supp. 12-1 owner of such source is a nonprofit health or educa tional 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 is temporary, is under a permit or permit revision und er this Article, is in compliance with the conditions of that p ermit or permit revision under this Article, the emissions from the source will not impact a Class I area nor an area where anapplicable increment is known to be violated, and reasonable n otice is given to the Director prior to the relocation ident ifying the proposed new location and the probable duration of ope ration at the new location. Such notice shall be given to the Director not less than 10 calendar days in advance of the propos ed 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 Secti on, 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 willhave significant adverse impact on visibility or other s pecifically defined air quality related values of any Fed eral Mandatory area designated in R18-2-217(B) regardles s of the fact that the change in air quality resulting from emissions attributable to such new major source or majo r modification to a source in existence will not caus e or contribute to concentrations which exceed the maxim um allowable increases for a Class I area. If the Dire ctor concurs with such demonstrations, the permit or permitrevision 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 propose d demonstrates to the Federal Land Manager that the e missions attributable to such major source or major mo dification 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 s o certifies to the Director, the Director may issue a permit or permit revision under this Article, notwithstand ing the fact that the change in air quality resulting from emissions attributable to such new major source or majo r modification will cause or contribute to concentrat ions
which exceed the maximum allowable increases for a Class I area. Such a permit or permit revision unde r 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 th e following maximum allowable increases over baseline co ncentrations for such pollutants: 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 un der local, state, or federal law.

H. At such time that a particular source or modificati on becomes a major source or major modification solely by virt ue 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 res triction on hours of operation, then the requirements of this S ection shall apply to the source or modification as though construction had not yet commenced on the source or modification.

Historical ote Former Section R9-3-405, renumbered effective Septe mber 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) insubsection (A)(1) and (2) amended to reference R18-2- 101(104)(a) (Supp. 99-3). Amended by final rulemaki ng at 12 A.A.R. 1953, effective January 1, 2007

(Supp. 06-2).

R18-2-407. Air Quality Impact Analysis and Monitorin g Requirements

A. Any application for a permit or permit revision und er this Article to construct a new major source or major modifi cation to a major source shall contain an analysis of ambient a ir quality in the area that the new major source or major modific ation would affect for each of the following pollutants: 1. For the new source, each pollutant that it would have the potential to emit in a significant amount; 2. For the modification, each pollutant for which it would result in a significant net emissions increase.

B. With respect to any such pollutant for which no Ari zona ambient air quality standard exists, the analysis shall contain all air quality monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of the pollutant would affect.

C. With respect to any such pollutant (other than nonm ethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

D. In general, the continuous air quality monitoring d ata that is required shall have been gathered over a period of at least one year and shall represent at least the year precedin g receipt of the application, except that, if the Director deter mines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period.

E. The owner or operator of a proposed stationary sour ce or modification to a source of volatile organic compounds who satisfies all conditions of 40 CFR 51, Appendix S, Secti on IV, may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under subse ctions (B), (C), and (D) above.

F. Post-construction monitoring. The owner or operator of a new major source or major modification shall, after con struction of Maximum Allowable Increase (Micrograms per cubic meter)

Sulfur Oxide Period of exposure
Low terrain areas:
24-hour maximum

3-hour maximum High terrain areas:
24-hour maximum

3-hour maximum 36

130

62

221Supp. 12-1 Page 58 March 31, 2012

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the source or modification, conduct such ambient mo nitoring as the Director determines is necessary to determin e the effect emissions from the new source or modification may h ave, or are having, on air quality in any area.

G. Operations of monitoring stations. The owner or ope rator of a new major source or major modification shall meet the requirements of 40 CFR 58, Appendix B, during the o peration of monitoring stations for purposes of satisfying s ubsections (B) through (F) above.

H. The requirements of subsections (B) through (G) abo ve shall not apply to a new major source or major modificati on to an existing source with respect to monitoring for a particular pollutant if: 1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air qual ity impacts less than the following amounts: Carbon Monoxide - 575 μg/m 3 , eight-hour average; Nitrogen dioxide - 14 μg/m 3 , annual average:

PM 10 - 10 μg/m 3 , 24-hour average; Sulfur dioxide - 13 μg/m 3 , 24-hour average; Lead - 0.1 μg/m 3 , 24-hour average; Fluorides - 0.25 μg/m 3 , 24-hour average; Total reduced sulfur - 10 μg/m 3 , one-hour average; Hydrogen sulfide - 0.04 μg/m 3 , one-hour average; Reduced sulfur compounds - 10 μg/m 3 , one-hour

average; Ozone - increased emissions of less than 100 tons per year of volatile organic compounds or oxides of nitrogen; or, 2. The concentrations of the pollutant in the area t hat the
new source or modification would affect are less th an the concentrations listed in subsection (H)(1) above.

I. Any application for permit or permit revision underthis Article to construct a new major source or major modifi cation to a

source shall contain: 1. An analysis of the impairment to visibility, soil s, and vegetation that would occur as a result of the new source or modification and general commercial, residential, industrial, and other growth associated with the new sou rce or modification. The applicant need not provide an ana lysis of the impact on vegetation having no significant c ommercial or recreational value. 2. An analysis of the air quality impact projected f or the area as a result of general commercial, residential , industrial, and other growth associated with the new sou rce or modification.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-407 renumbered without change as Secti on R18-2-407 (Supp. 87-3). Section R18-2-407 renumbere d to R18-2-607, new Section R18-2-407 adopted effecti ve

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

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 ap prove a system of innovative control technology rather thanthe best available control technology requirements otherwise applicable to the new source or modification.

B. The Director shall approve the installation of a sy stem of innovative control technology if the following conditio ns are met: 1. The owner or operator of the proposed source or m odification satisfactorily demonstrates that the propose d control system would not cause or contribute to an unreasonable risk to public health, welfare, or saf ety in its operation or function; 2. The owner or operator agrees to achieve a level o f continuous emissions reduction equivalent to that which w ould have been required under R18-2-406(A)(2) by a date specified in the permit or permit revision under th is Article for the source. Such date shall not be later th an four years from the time of start-up or seven years fromthe issuance of a permit or permit revision under this Article; 3. The source or modification would meet requirement s equivalent to those in R18-2-406(A) based on the em issions 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 woul d not: a. Cause or contribute to any violation of an applic able 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 governor s of
other affected states. 7. The limits on pollutants contained in R18-2-218 f or 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 Se ction if: 1. The proposed system fails by the specified date t o achieve the required continuous emissions reductionrate;

or 2. The proposed system fails before the specified da te so as to contribute to an unreasonable risk to public hea lth, welfare, or safety; or 3. The Director decides at any time that the propose d system is unlikely to achieve the required level of contro l or to protect the public health, welfare, or safety.

D. If the new source or major modification fails to me et the required level of continuous emissions reduction wi thin the specified time period, or if the approval is withdr awn in accordance with subsection (C) above, the Director may a llow 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 ofa demonstrated system of control.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Former Sect ion R9-3-408 renumbered without change as Section R18-2

- 408 (Supp. 87-3). Section R18-2-408 renumbered to R 18- 2-608, new Section R18-2-408 adopted effective Nove mber 15, 1993 (Supp. 93-4).

R18-2-409. Air Quality Models

A. Where the Director requires a person requesting a p ermit or permit revision under this Article to perform air quality impact modeling to obtain such permit or permit revision u nder this Article, the modeling shall be performed in a manne r consistent with the Guideline specified in R18-2-406(A)(6 )(a).

B. Where the person requesting a permit or permit revi sion under this Article can demonstrate that an air quality impact model specified in the Guideline is inappropriate, the mo del may be modified or another model substituted. However, bef ore suchArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 59 Supp. 12-1 modification or substitution can occur, the Directo r shall make a written finding that: 1. No model in the Guideline is appropriate for a particular permit or permit revision under this Article under consideration, or 2. The data base required for the appropriate model in the Guideline is not available, and 3. The model proposed as a substitute or modificatio n is likely to produce results equal or superior to thos e obtained by models in the Guideline, and 4. The model proposed as a substitute or modificatio n has been approved by the Administrator.

C. The substitution or modification of an air quality model under this Section shall be included in the public notice under R18-2- 330(C).

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-409 renumbered without change as Secti on R18-2-409 (Supp. 87-3). Section R18-2-409 renumbere d to R18-2-609, new Section R18-2-409 adopted effecti ve

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

R18-2-410. Visibility Protection

A. For any new major source or major modification subj ect to the provisions of this Chapter, no permit or permit rev ision under this Article shall be issued to a person proposing to construct or modify the source unless the applicant has provi ded: 1. An analysis of the anticipated impacts of the pro posed source on visibility in any Class I areas which may be affected by the emissions from that source; and 2. Results of monitoring of visibility in any area n ear the proposed source for such purposes and by such means as the Director determines is necessary and appropriat e. B. A determination of an adverse impact on visibility shall be made based on consideration of all of the followingfactors: 1. The times of visitor use of the area; 2. The frequency and timing of natural conditions in the area that reduce visibility; 3. All of the following visibility impairment charac teristics: a. Geographic extent, b. Intensity, c. Duration, d. Frequency, e. Time of day;

4. The correlation between the characteristics liste d in subsection (B)(3) and the factors described in subsect ions (B)(1) and (2).

C. The Director shall not issue a permit or permit rev ision pursuant to this Article or Article 3 of this Chapter fo r any new major source or major modification subject to this Chapter unless the following requirements have been met: 1. The Director shall notify the individuals identified in subsection (C)(2) within 30 days of receipt of any adv ance notification of any such permit or permit revision under
this Article. 2. Within 30 days of receipt of an application for a permit or permit revision under this Article for a source who se emissions may affect a Class I area, the Director s hall provide written notification of the application to the Federal Land Manager and the federal official charged with direct responsibility for management of any lands w ithin any such area. The notice shall: a. Include a copy of all information relevant to the permit or permit revision under this Article, b. Include an analysis of the anticipated impacts of the proposed source on visibility in any area which may be affected by emissions from the source, and c. Provide for no less than a 30-day period within which written comments may be submitted. 3. The Director shall consider any analysis provided by the Federal Land Manager that is received within the co mment period provided in subsection (C)(2). a. Where the Director finds that the analysis provid ed by the Federal Land Manager does not demonstrate
to the satisfaction of the Director that an adverse impact on visibility will result in the area, the D irector shall, within the public notice required under R18-2-330, either explain the decision or specify where the explanation can be obtained. b. When the Director finds that the analysis provide d by the Federal Land Manager demonstrates to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director sh all not issue a permit or permit revision under this Articl efor the proposed major new source or major modification. 4. When the proposed permit decision is made, pursuant to R18-2-304(J), and available for public review, the Director shall provide the individuals identified in sub section (C)(2) with a copy of the proposed permit decision and shall make available to them any materials used in making that determination.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-410 renumbered without change as Secti on R18-2-410 (Supp. 87-3). Section R18-2-410 renumbere d to R18-2-610, new Section R18-2-410 adopted effecti ve

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

R18-2-411. Special Rule for on-operating Sources of Sulfur

Dioxide in Sulfur Dioxide onattainment Areas

A. If an emissions unit that is a major source of sulf ur dioxide

located in a sulfur dioxide nonattainment area has not operated for more than 24 consecutive calendar months, it may only be restarted if the owner or operator of such source d oes all of the following: 1. Demonstrates, according to the air quality impactanalysis requirements of R18-2-406(A)(5) and (6) that em issions from that unit, including fugitive emissions, will not
cause or contribute to a violation of the ambient s tandard for sulfur dioxide in R18-2-202; 2. Demonstrates that startup of that unit will not r equire reconstruction; and 3. Submits a startup plan that includes a source tes ting plan.

B. The demonstrations and plan shall be submitted to the Director at least 180 days prior to the expected day when th e restarting of the non-operating unit will commence. The Direct or may request additional information, as necessary, to ev aluate the
submittals. The unit shall not be restarted unless the Director approves the submittal.

C. If the Director disapproves a demonstration or plan required in subsection (A), or such demonstration or plan, incl uding additional information requested by the Director, is no t submitted in a timely manner, the source shall be required to obtain a permit pursuant to the requirements for a new major so urce or major modification as contained in this Article.

D. The conduct of performance tests that comply with the requirements of R18-2-312 and demonstrate complianc e with emission limits prescribed in a permit for that sou rce or anSupp. 12-1 Page 60 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

applicable rule shall constitute operation of an em issions unit for the purposes of this Section.

Historical ote Adopted effective November 15, 1993 (Supp. 93-4).

ARTICLE 5. GEERAL PERMITS

R18-2-501. Applicability

A. The Director may issue general permits for a facili ty class that
contains 10 or more facilities that are similar in nature, have substantially similar emissions, and would be subje ct to the same or substantially similar requirements governin g operations, emissions, monitoring, reporting, or recordk eeping. “Similar in nature” refers to facility size, proces ses, and operating conditions.

B. The Director may issue general permits, in accordan ce with subsection (A), with emission limitations, controls , or other requirements that meet the requirements of R18-2-30 6.01. A source that seeks to vary from such a general permi t, and obtain an emission limitation, control, or other re quirement not contained in that general permit, shall apply for apermit pursuant to Article 3 of this Chapter.

C. General permits shall not be issued for affected so urces except as provided in regulations promulgated by the Admin istrator
under Title IV of the Act.

D. Unless otherwise stated, the provisions of Article 3 shall apply to general permits.

Historical ote Former Section R18-2-501 renumbered to R18-2-502, new Section R18-2-501 adopted effective September 2 6,1990 (Supp. 90-3). Former Section R18-2-501 renumbered to R18-2-701; new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective

August 1, 1995 (Supp. 95-3).

R18-2-502. General Permit Development

A. The Director may issue a general permit on the Dire ctor’s own initiative or in response to a petition.

B. Any person may submit a petition to the Director re questing the issuance of a general permit for a defined clas s of facilities. The petition shall propose a particular class of fa cilities, and list the approximate number of facilities in the pr oposed class along with their size, processes, and operating con ditions, and

demonstrate how the class meets the criteria for a general permit as specified in R18-2-501 and A.R.S. § 49-426(H ). The Director shall provide a written response to the pe tition within 120 days of receipt.

C. General permits shall be issued or denied for class es of facilities using the same engineering principles that app lies to permits for individual sources and following the publi c notice requirements of R18-2-504.

D. General permits shall include all of the following: 1. All elements contained in R18-2-306(A) except (2) (b) and (6). 2. The process for individual sources to apply for c overage under the general permit.

Historical ote Former Section R9-3-501 repealed, new Section R9-3- 501 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amende d subsection (D) effective June 19, 1981 (Supp. 81-3)

. Amended subsections (C) and (D) effective February 2, 1982 (Supp. 82-1). Amended subsection (D) effective May 25, 1982 (Supp. 82-3). Former Section R9-3-501 renumbered without change as Section R18-2-501 (Sup p. 87-3). Former Section R18-2-502 repealed, new Secti on R18-2-502 renumbered from R18-2-501 and amended effective September 26, 1990 (Supp. 90-3). Former S ection R18-2-502 renumbered to R18-2-702; new Section R18-2-502 adopted effective November 15, 1993 (Supp

. 93-4).

R18-2-503. Application for Coverage under General Pe rmit

A. Once the Director has issued a general permit, any source which is a member of the class of facilities covere d by the general permit may apply to the Director for authority to operate under the general permit. At the time the Director issues a general permit, the Director may also establish a spec ific application form with filing instructions for sources in the category covered by the general permit. Applicants shall com plete the specific application form or, if none has been adop ted, the standard application form contained in Appendix 1 t o this Chapter. The specific application form shall, at a minimum, require the applicant to submit the following information: 1. Information identifying and describing the source , its processes, and operating conditions in sufficient d etail to allow the Director to determine qualification for, and to assure compliance with, the general permit. 2. A compliance plan that meets the requirements of R18-2-

309.

B. For sources required to obtain a permit under Title V of the Act, the Director shall provide the Administrator w ith a permit application summary form and any relevant portion o f the permit application and compliance plan. To the extent possible, this information shall be provided in computer-read able format compatible with the Administrator’s national database
management system.
C. The Director shall act on the application for cover age under the general permit as expeditiously as possible, but a final decision shall be reached within 180 days. The sour ce may operate under the terms of its application during that time. If the application for coverage is denied, the Directo r shall notify the source that it shall apply for an individual pe rmit within 180 days of receipt of notice. The Director may def er acting on an application under this subsection if the Directo r has provided notice of intent to renew or not renew the pe rmit.

D. The Director shall deny an application for coverage from any Class I source that is subject to case-by-case stan dards or requirements.

Historical ote Former Section R9-3-503 repealed, new Section R9-3- 503 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amende d subsection (C), paragraph (6) effective June 19, 19 81 (Supp. 81-3). Amended subsection (C) effective Sept ember 22, 1983 (Supp. 83-5). Former Section R9-3-503 renumbered without change as Section R18-2-503 (Sup p. 87-3). Amended effective September 26, 1990 (Supp. 90- 3). Former Section R18-2-503 renumbered to R18-2-70 3; new Section R18-2-503 adopted effective November 15

,

1993 (Supp. 93-4).

R18-2-504. Public otice

A. This Section applies to issuance, revision, or rene wal of a general permit.

B. The Director shall provide public notice for any pr oposed new general permit, for any revision of an existing gen eral permit, and for renewal of an existing general permit.

C. The Director shall publish notice of the proposed g eneral permit once each week for two consecutive weeks in a n ewspaper of general circulation in each county and shall pro vide at leastArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 61 Supp. 12-1 30 days from the date of the first notice for publi c 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 t o be emitted by a typical facility in the class and the class as a whole; 4. The Director’s proposed actions and effective dat e for the actions; 5. Locations where documents relevant to the propose d permit will be available during normal business hours; 6. The name, address, and telephone number of a pers on 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 t o 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 publi c notice. The Director shall provide the proposed final permi t to the Administrator after public and affected state revie w. No Class I permit shall be issued if the Administrator prope rly objects to its issuance in writing within 45 days from receiptof the proposed final permit and any necessary supporting inf ormation

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 shou ld 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 Directo r shall make available a response to all relevant comments on th e proposed permit raised during the public comment period and during any requested public hearing. The response shall sp ecify which provisions, if any, of the proposed permit have been changed and the reason for the changes. The Directo r shall also notify in writing any petitioner and each pers on who has submitted written comments on the proposed general permit or requested notice of the final permit decision.

Historical ote 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 Secti on 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).

R18-2-505. General Permit Renewal The Director shall review and may renew general permits every five years. A source’s authorization to operate und er a general permit shall coincide with the term of the general per mit regardless of when the authorization began during the five-year p eriod, except as provided in R18-2-510(C). In addition to the public notice required to issue a proposed permit under R18-2-504, the Dir ector shall notify in writing all sources who have been granted , or who have applications pending for, authorization to operate under the permit. The written notice shall describe the source’s duty to reapply and may include requests for information required under the proposed permit.

Historical ote
Former Section R9-3-1007 renumbered effective January 13, 1976 (Supp. 76-1). Former Section R9-3-505 repealed, new Section R9-3-505 adopted effective May 14, 1979 (Supp. 79-1). Editorial corrections, subse ction (B), paragraph (5), and subsection (D), paragraph ( 1), subparagraph (d) (Supp. 80-2). Amended effective Ju ly 9, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended subsection (B) effective September 22, 1983 (Supp. 83-5). Former S ection R9-3-505 renumbered without change as Section R18-2-505 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-505 renumbered to R18-2-705; new Section R18-2-505 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-506. Relationship to Individual Permits Any source covered under a general permit may reque st to be excluded from coverage by applying for an individua l source permit. Coverage under the general permit shall termin ate on the date the individual permit is issued.

Historical ote
Former Section R9-3-1008 renumbered effective January 13, 1976 (Supp. 76-1). Former Section R9-3-506 repealed, new Section R9-3-506 adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 19 80 (Supp. 80-4). Amended subsection (C), paragraph (1) effective June 19, 1981 (Supp. 81-3). Former Sectio n R9- 3-506 renumbered without change as Section R18-2-50 6 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-506 renumbered t o R18-2-706; new Section R18-2-506 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-507. General Permit Variances

A. Where MACT (maximum achievable control technology) or HAPRACT (hazardous air pollutant reasonably availab le control technology) has been established in a general permit for a source category designated under R18-2-1702, the owner or operator of a source within that source category may apply for a variance from the standard by demonstrating compl iance with R18-2-1708 at the time the source applies for coverage under the general permit.

B. If the owner or operator makes the showing requiredby R18- 2-1708 and otherwise qualifies for the general perm it, the Director shall, in accordance with the procedures e stablished pursuant to this Article, approve the application and authorize operation under a variance from the standard of the general permit.

C. Except as modified by the variance, the source shal l comply with all conditions of the general permit.

D. A proposed variance to a standard in a general perm it shall be subject to the public notice requirements of R18-2- 330.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 507 renumbered without change as Section R18-2-507 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-507 renumbered t o R18-2-707; new Section R18-2-507 adopted effective November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 12 A.A.R. 1953, effective January 1, 2007

(Supp. 06-2).Supp. 12-1 Page 62 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

R18-2-508. General Permit Shield Each general permit issued under this Article shall specifically identify all federal, state, and local air pollutio n control requirements applicable to the source at the time the perm it is issued. The permit shall state that, as of the date authority t o operate for a source is granted, compliance with the conditions o f the permit shall be deemed compliance with any applicable requ irement in effect on the date of permit issuance. Any permit u nder this Article that does not expressly state that a permit shield exists shall be presumed not to provide such a shield. Notwithstandingthe above provisions, the source shall be subject to enforcement action for operation without a permit if the source is later d etermined not to qualify for the conditions and terms of the general permit. A permit shield provided for a general permit shall meet all the requirements

of R18-2-325.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended subsec

tion (B) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-508 renumbered without change a s Section R18-2-508 (Supp. 87-3). Amended effective S eptember 26, 1990 (Supp. 90-3). Former Section R18-2- 508 renumbered to R18-2-708; new Section R18-2-508 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-509. General Permit Appeals Any person who filed a comment on a proposed genera l permit as provided in R18-2-504 may appeal the terms and cond itions of the general permit, as they apply to the facility class covered under a general permit, by filing an appeal with the Office of Administrative Hearings within 30 days after receipt of notic e that the general permit has been issued.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 509 renumbered without change as Section R18-2-509 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-509 renumbered t o R18-2-709; new Section R18-2-509 adopted effective November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 12 A.A.R. 4698, effective February 3, 200 7

(Supp. 06-4).

R18-2-510. Terminations of General Permits and Revoc ations of Authority to Operate under a General Permi t
A. The Director may terminate a general permit at any time if:
1. The Director has determined that the emissions fr om the sources in the facility class cause or contribute t o ambient air quality standard violations which are not adequ ately addressed by the requirements in the general permit , or 2. The Director has determined that the terms and co nditions of the general permit no longer meet the requ irements of A.R.S. §§ 49-426 and 49-427.

B. The Director shall provide written notice to all so urces operating under a general permit prior to termination of a general permit. Such notice shall include an explanation of the basis for the proposed action. Within 180 days of receipt of the notice of the expiration, termination or cancellati on of any general permit, sources notified shall submit an ap plication to the Director for an individual permit.

C. The Director may require a source authorized to ope rate under a general permit to apply for and obtain an individ ual source permit at any time if the source is not in complian ce with the terms and conditions of the general permit. D. If the Director revokes a source’s authority to ope rate under a general permit pursuant to subsection (C), the Dire ctor shall notify the permittee by certified mail, return rece ipt requested. The notice shall include a statement detailing the grounds for the revocation of authority and a statement that th e permittee is entitled to a hearing. A source previously authoriz ed to operate under a general permit may operate under the terms of the general permit until the earlier of the date it submit s a complete application for an individual permit, at which time it may operate under that application, or 180 days after r eceipt of the notice of revocation of authority to operate under the general permit.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsections (E)(3) and (E)(4) effective September 22, 1983 (Sup p. 83-5). Former Section R9-3-510 renumbered without change as Section R18-2-510 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former S ection R18-2-510 renumbered to R18-2-710; new Section R18-2-510 adopted effective November 15, 1993 (Supp

. 93-4).

R18-2-511. Fees Related to General Permits

A. Permit Processing Fee. The owner or operator of a s ource that applies for authority to operate under a general pe rmit shall pay to the Director $500 with the submittal of eachapplication. This fee applies to the owner or operator of any source who intends to continue operating under the authori ty of a general permit that has been proposed for renewal. Thi s fee also applies to requests for new Authorizations to Opera te (ATOs) for new equipment.

B. Administrative or Inspection Fee. The owner or operator of a source required to have a general permit, that has undergone initial startup by January 1, shall pay, for each c alendar year, the applicable administrative or inspection fee fro m the table below, by February 1 or 60 days after the Director mails the invoice, whichever is later.

Historical ote Former Section R18-2-511 renumbered to R18-2-711; new Section R18-2-511 adopted effective November 15

, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 01-4)

. Amended by final rulemaking at 10 A.A.R. 4767, effe ctive November 4, 2004 (Supp. 04-4). Amended by fina l rulemaking at 13 A.A.R. 4379, effective December 4,

2007 (Supp. 07-4).

R18-2-512. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d General Permit Source Category Administrative

Fee

Class I Title V General Permits Administrative fee for category from R18-2-326(C)

Class II Title V Small Source $750
Other Class II Title V General Permits $4,520
Inspection Fee
Class II Non-Title V Crematories $1,500

Other Class II Non-Title V General Permits $3,020Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 63 Supp. 12-1 effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former S ection R9-3-512 renumbered without change as Section R18-2-512 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-712 effe ctive November 15, 1993 (Supp. 93-4).

R18-2-513. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Editorial c orrection, subsection (A), paragraph (2) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amende d subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-513 renumbered without change as Section R18-2-513 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-713 effective November 15, 1993

(Supp. 93-4).

R18-2-514. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3 -514 renumbered without change as Section R18-2-514 (Sup p. 87-3). Amended effective September 26, 1990 (Supp. 90- 3). Renumbered to R18-2-714 effective November 14,

1993 (Supp. 93-4).

R18-2-515. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Sectio n R9-3-515 will be repealed and new Section R9-3-515 adopted effective following the adoption of Article 7. Nonferrous Smelter Orders, filed September 18, 1979 for public hearing (Supp. 79-5). Section R9-3-515 adopt ed effective May 14, 1979, amended effective October 2

, 1979 (Supp. 79-5). Article 7. Nonferrous Smelter Or ders adopted effective January 8, 1980. Section R9-3-515 filed September 18, 1979 for public hearing and effective following the adoption of Article 7 now amended and effective January 8, 1980 (Supp. 80-1). Amended as an emergency effective March 6, 1980, pursuant to A.R. S. § 41-1003, valid for only 90 days (Supp. 80-2). Emerg ency adoption effective March 6, 1980 now adopted and amended effective July 9, 1980. Amended subsection (C), paragraph (1) effective August 29, 1980 (Supp. 80-4 ). Amended as an emergency effective October 9, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 80-5). Former emergency adoption effective O ctober 9, 1980, now adopted and amended effective June 19, 1981 (Supp. 81-3). Amended subsection (B), paragrap h (1) effective February 2, 1982 (Supp. 82-1). Amende d effective May 25, 1982 (Supp. 82-3). Amended subsec

tions ((C)(3) and (C)(5) effective September 22, 19 83 (Supp. 83-5). Former Section R9-3-515 renumbered without change as Section R18-2-515 (Supp. 87-3). S ection amended and subsections (C)(1)(h) through (C)( 7) renumbered to R18-2-515.01 and subsections (C)(8) through (C)(9) renumbered to R18-2-515.02 effective September 26, 1990 (Supp. 90-3). Renumbered to R18- 2- 715 effective November 15, 1993 (Supp. 93-4). R18-2-515.01.Renumbered

Historical ote
Section R18-2-515.01 renumbered from R18-2- 515(C)(1)(h) through (C)(7) and amended effective S eptember 26, 1990 (Supp. 90-3). Renumbered to R18-2- 715.01 effective November 15, 1993 (Supp. 93-4).

R18-2-515.02.Renumbered

Historical ote R18-2-515.02 renumbered from R18-2-515(C)(8) through (C)(9) and amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-715.02 effec

tive November 15, 1993 (Supp. 93-4).

R18-2-516. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4) Amended subsection ( A) effective May 28, 1982 (Supp. 82-3). Amended subsec

tion (A) effective September 22, 1983 (Supp. 83-4). Former Section R9-3-516 renumbered without change a s Section R18-2-516 (Supp. 87-3). Amended effective S eptember 26, 1990 (Supp. 90-3). Renumbered to R18-2-7 16 effective November 15, 1993 (Supp. 93-4).

R18-2-517. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Editorial c orrection, subsection (C), paragraph (1) (Supp. 80-1). Amended effective July 9, 1980 (Supp. 80-4). Amende d subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-517 renumbered without change as Section R18-2-517 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-2). Renumbered to R18-2-717 effective November 15, 1993

(Supp. 93-4).

R18-2-518. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended effect ive September 22, 1983 (Supp. 83-4). Former Section R9- 3- 518 renumbered without change as Section R18-2-518 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-718 effective November 15, 1993 (Supp. 93-4).

R18-2-519. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Editor ial correction, subsection (A), paragraph (1) (Supp. 80 -1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-519 renumbered without change as Secti on R18-2-519 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-719 effe ctive November 15, 1993 (Supp. 93-4).

R18-2-520. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Editorial c orrec-Supp. 12-1 Page 64 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

tion, subsection (A), paragraph (1) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amende d subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-520 renumbered without change as Section R18-2-520 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-720 effective November 15, 1993

(Supp. 93-4).

R18-2-521. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsec

tion (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-521 renumbered without change a s Section R18-2-521 (Supp. 87-3). Amended effective S eptember 26, 1990 (Supp. 90-3). Renumbered to R18-2-7 21 effective November 15, 1993 (Supp. 93-4).

R18-2-522. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Amended subsec tion (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83- 5). Former Section R9-3-522 renumbered without change a s Section R18-2-522 (Supp. 87-3). Amended effective S eptember 26, 1990 (Supp. 90-3). Renumbered to R18-2-7 22 effective November 15, 1993 (Supp. 93-4).

R18-2-523. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 523 renumbered without change as Section R18-2-523 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-2). Renumbered to R18-2-723 effective November 15, 1993 (Supp. 93-4).

R18-2-524. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Amended subsec tion (A) effective September 22, 1983 (Supp. 83-5). Form er Section R9-3-524 renumbered without change as Secti on R18-2-524 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-724 effe ctive November 15, 1993 (Supp. 93-4).

R18-2-525. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Editor ial correction, subsection (B) (Supp. 79-6). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3 -525 renumbered without change as Section R18-2-525 (Sup p. 87-3). Amended effective September 26, 1990 (Supp. 90- 3). Renumbered to R18-2-725 effective November 15,

1993 (Supp. 93-4).

R18-2-526. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-526 renumbered without change as Secti on R18-2-526 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-726 effe ctive November 15, 1993 (Supp. 93-4).

R18-2-527. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-527 renumbered without change as Secti on R18-2-527 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-727 effe ctive November 15, 1993 (Supp. 93-4).

R18-2-528. Renumbered

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Former Section R9-3- 528 renumbered without change as Section R18-2-528 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-728 effective November 15, 1993 (Supp. 93-4).

R18-2-529. Renumbered

Historical ote Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-529 renumbered without change a s Section R18-2-529 (Supp. 87-3). Amended effective S eptember 26, 1990 (Supp. 90-3). Renumbered to R18-2-7 29 effective November 15, 1993 (Supp. 93-4).

R18-2-530. Renumbered

Historical ote Adopted effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-730 effective November 15, 1993

(Supp. 93-4).

ARTICLE 6. EMISSIOS FROM EXISTIG AD EW

OPOIT SOURCES

R18-2-601. General For purposes of this Article, any source of air con taminants which due to lack of an identifiable emission point or pl ume cannot be considered a point source, shall be classified as a nonpoint source. In applying this criteria, such items as air-curtai n destructors, heater-planners, and conveyor transfer points shall be considered to have identifiable plumes. Any affected facility sub ject to regulation under Article 7 of this Chapter or Title 18, Chapte r 2, Article 9, shall not be subject to regulation under this Artic le.

Historical ote Former Section R9-3-601 repealed, new Section R9-3- 601 adopted effective May 14, 1979 (Supp. 79-1). Fo rmer Section R9-3-601 renumbered without change as Secti on R18-2-601 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-601 renumbered to R18-2-801, new Section R18-2-601
renumbered from R18-2-401 and amended effective November 15, 1993 (Supp. 93-4). Section updated to reflect corrected citation reference (Supp. 08-1).

R18-2-602. Unlawful Open Burning

A. In addition to the definitions contained in A.R.S. § 49-501, in

this Section: 1. “Agricultural burning” means burning vegetative m aterials related to producing and harvesting crops and r aising animals for the purpose of marketing for profit, orproviding a livelihood, but does not include burning of h ousehold waste or prohibited materials. A person may co nduct agricultural burns in fields, piles, ditch banks, f ence rows,Arizona Administrative Code Title 18, Ch. 2

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or canal laterals for purposes such as weed control , waste disposal, disease and pest prevention, or site prep aration.2. “Approved waste burner” means an incinerator constructed of fire resistant material with a cover or screen that is closed when in use, and has openings in the sides or top no greater than one inch in diameter. 3. “Class I Area” means any one of the Arizona mandatory federal Class I areas defined in A.R.S. § 49-401.01

. 4. “Construction burning” means burning wood or vege tative material from land clearing, site preparation, or fabrication, erection, installation, demolition, or modi fication of any buildings or other land improvements, but do es not include burning household waste or prohibited mater ial. 5. “Dangerous material” means any substance or combi nation of substances that is capable of causing bodily harm or property loss unless neutralized, consumed, or o therwise disposed of in a controlled and safe manner. 6. “Delegated authority” means any of the following: a. A county, city, town, air pollution control distr ict, or fire district that has been delegated authority to issue open burning permits by the Director under A.R.S. § 49-501(E); or b. A private fire protection service provider that h asbeen assigned authority to issue open burning permits by one of the authorities in subsection (A)(6)(a). 7. “Director” means the Director of the Department o f Environmental Quality, or designee. 8. “Emission reduction techniques” means methods forcontrolling emissions from open outdoor fires to minim ize the amount of emissions output per unit of area bur ned. 9. “Flue,” as used in this Section, means any duct o r passage for air or combustion gases, such as a stack or chi mney. 10. “Household waste” means any solid waste includin g garbage, rubbish, and sanitary waste from a septic tan k that is generated from households including single and multiple family residences, hotels and motels, bunkhouse s, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas, but does not include construction debris, landscaping rubble, ordemolition debris. 11. “Independent authority to permit fires” means th e authority of a county to permit fires by a rule adopted under Arizona Revised Statutes, Title 49, Chapter 3, Article 3, and includes only Maricopa, Pima, and Pinal counties. 12. “Open outdoor fire or open burning” means the co mbustion of material of any type, outdoors and in the o pen, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential, prescribed, and construction burning, and fires using air curtain destructors. 13. “Prohibited materials” means nonpaper garbage fr om the processing, storage, service, or consumption of foo d; chemically treated wood; lead-painted wood; linoleum flooring, and composite counter-tops; tires; explos ives or ammunition; oleanders; asphalt shingles; tar paper; plastic and rubber products, including bottles for hous ehold chemicals; plastic grocery and retail bags; waste p etroleum products, such as waste crankcase oil, transmi ssion oil, and oil filters; transformer oils; asbestos; b atteries; anti-freeze; aerosol spray cans; electrical wire in sulation; thermal insulation; polyester products; hazardous w aste products such as paints, pesticides, cleaners and s olvents, stains and varnishes, and other flammable liquids; plastic pesticide bags and containers; and hazardous materi al containers including those that contained lead, cad mium, mercury, or arsenic compounds. 14. “Residential burning” means open burning of vege tative materials conducted by or for the occupants of resi dential dwellings, but does not include burning household w aste or prohibited material. 15. “Prescribed burning” has the same meaning as in R18-2-

1501.

B. Unlawful open burning. Notwithstanding any other ru le in this Chapter, a person shall not ignite, cause to be ign ited, permit to be ignited, allow, or maintain any open outdoor fir e in a county without independent authority to permit fires excep t as provided in A.R.S. § 49-501 and this Section.

C. Open outdoor fires exempt from a permit. The follow ing fires do not require an open burning permit from the Dire ctor or a delegated authority: 1. Fires used only for: a. Cooking of food, b. Providing warmth for human beings, c. Recreational purposes, d. Branding of animals, e. Orchard heaters for the purpose of frost protecti on in farming or nursery operations, and f. The proper disposal of flags under 4 U.S.C. 1, § 8. 2. Any fire set or permitted by any public officer i n the performance of official duty, if the fire is set or pe rmission given for the following purpose: a. Control of an active wildfire; or b. Instruction in the method of fighting fires, exce pt that the person setting these fires must comply wit h the reporting requirements of subsection (D)(3)(f). 3. Fire set by or permitted by the Director of Department of Agriculture for the purpose of disease and pest pre vention in an organized, area-wide control of an epidemic o r infestation affecting livestock or crops. 4. Prescribed burns set by or assisted by the federa l government or any of its departments, agencies, or agents , or the state or any of its agencies, departments, or polit ical subdivisions, regulated under Article 15 of this Chapt er. D. Open outdoor fires requiring a permit. 1. The following open outdoor fires are allowed with an open burning permit from the Director or a delegate d authority: a. Construction burning; b. Agricultural burning; c. Residential burning; d. Prescribed burns conducted on private lands witho ut the assistance of a federal or state land manager a s defined under R18-2-1501; e. Any fire set or permitted by a public officer in the performance of official duty, if the fire is set orpermission given for the purpose of weed abatement, or the prevention of a fire hazard, unless the fire isexempt from the permit requirement under subsection (C)(3); f. Open outdoor fires of dangerous material under subsection (E);g. Open outdoor fires of household waste under subsection (F); and h. Open outdoor fires that use an air curtain destru ctor, as defined in R18-2-101. 2. A person conducting an open outdoor fire in a cou nty without independent authority to permit fires shall obtain a permit from the Director or a delegated authorityunless exempted under subsection (C). Permits may be issue d for a period not to exceed one year. A person shall obtainSupp. 12-1 Page 66 March 31, 2012

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a permit by completing an ADEQ-approved application
form. 3. Open outdoor fire permits issued under this Secti on shall
include: a. A list of the materials that the permittee may bu rn under the permit; b. A means of contacting the permittee authorized by the permit to set an open fire in the event that an order to extinguish the open outdoor fire is issued by the Director or the delegated authority; c. A requirement that burns be conducted during the following periods, unless otherwise waived or directed by the Director on a specific day basis: i. Year-round: ignite fire no earlier than one hour after sunrise; and ii. Year-round: extinguish fire no later than two hours before sunset; d. A requirement that the permittee conduct all open burning only during atmospheric conditions that: i. Prevent dispersion of smoke into populated

areas; ii. Prevent visibility impairment on traveled roads or at airports that result in a safety hazard; iii. Do not create a public nuisance or adversely affect public safety; iv. Do not cause an adverse impact to visibility in a Class I area; and v. Do not cause uncontrollable spreading of the fire; e. A list of the types of emission reduction techniq uesthat the permittee shall use to minimize fire emissions.; f. A reporting requirement that the permittee shall meet by providing the following information in a format provided by the Director for each date open burning occurred, on either a daily basis on the day of the fire, or an annual basis in a report to the Director or delegated authority due on March 31 for the previous calendar year: i. The date of each burn; ii. The type and quantity of fuel burned for each date open burning occurred; iii. The fire type, such as pile or pit, for each date open burning occurred; and iv. For each date open burning occurred, the legal location, to the nearest section, or latitude and longitude, to the nearest degree minute, or street address for residential burns; g. A requirement that the person conducting the open burn notify the local fire-fighting agency or private fire protection service provider, if the service provider is a delegated authority, before burning. If neither is in existence, the person conducting the bur n shall notify the state forester.; h. A requirement that the permittee start each open outdoor fire using items that do not cause the production of black smoke; i. A requirement that the permittee attend the fire at all times until it is completely extinguished; j. A requirement that the permittee provide fire ext inguishing equipment on-site for the duration of the burn; k. A requirement that the permittee ensure that a burning pit, burning pile, or approved waste burner be at least 50 feet from any structure; l. A requirement that the permittee have a copy of the burn permit on-site during open burning; m. A requirement that the permittee not conduct open burning when an air stagnation advisory, as issued by the National Weather Service, is in effect in th e area of the burn or during periods when smoke can be expected to accumulate to the extent that it wil l significantly impair visibility in Class I areas; n. A requirement that the permittee not conduct open burning when any stage air pollution episode is declared under R18-2-220; o. A statement that the Director, or any other publi c officer, may order that the burn be extinguished or prohibit burning during periods of inadequate smoke dispersion, excessive visibility impairment, or extreme fire danger; and p. A list of the activities prohibited and the crimi nal penalties provided under A.R.S. § 13-1706. 4. The Director or a delegated authority shall not i ssue an open burning permit under this Section: a. That would allow burning prohibited materials oth er than under a permit for the burning of dangerous materials; b. If the applicant has applied for a permit under this Section to burn a dangerous material which is also hazardous waste under 40 CFR 261, but does not have a permit to burn hazardous waste under 40 CFR 264, or is not an interim status facility allow ed to burn hazardous waste under 40 CFR 265; or c. If the burning would occur at a solid waste facil ity in
violation of 40 CFR 258.24 and the Director has not issued a variance under A.R.S. § 49-763.01.

E. Open outdoor fires of dangerous material. A fire se t for the disposal of a dangerous material is allowed by the provisions of this Section, when the material is too dangerous to store and transport, and the Director has issued a permit for the fire. A permit issued under this subsection shall contain a ll provisions in subsection (D)(3) except for subsections (D)(3)( e) and (D)(3)(f). The Director shall permit fires for the disposal of dangerous materials only when no safe alternative m ethod of disposal exists, and burning the materials does not result in the

emission of hazardous or toxic substances either di rectly or as a product of combustion in amounts that will endang er health or safety.

F. Open outdoor fires of household waste. An open outd oor fire for the disposal of household waste is allowed by p rovisions of this Section when permitted in writing by the Direc tor or a delegated authority. A permit issued under this subsec tion shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The permittee shall conduct open outdoor fires of household waste in an approved was te burner
and shall either: 1. Burn household waste generated on-site on farms o r ranches of 40 acres or more where no household wast e collection or disposal service is available; or 2. Burn household waste generated on-site where no h ousehold waste collection and disposal service is avail able and where the nearest other dwelling unit is at lea st 500 feet away.

G. Permits issued by a delegated authority. The Direct or may delegate authority for the issuance of open burning pe rmits to a county, city, town, air pollution control district, or fire district. A delegated authority may not issue a permit for it s own open burning activity. The Director shall not delegate authority to issue permits to burn dangerous material under subs ection (E). A county, city, town, air pollution control distric t, or fire dis-Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 67 Supp. 12-1 trict with delegated authority from the Director may assign that authority to one or more private fire protecti on service providers that perform fire protection services within the county, city, town, air pollution control district, or fire district. A private fire protection provider shall not direct ly or indirectly condition the issuance of open burning permi ts on the applicant being a customer. Permits issued under th is subsection shall comply with the requirements in subsecti on (D)(3) and be in a format prescribed by the Director. Each delegated authority shall: 1. Maintain a copy of each permit issued for the pre vious five years available for inspection by the Director ; 2. For each permit currently issued, have a means ofcontacting the person authorized by the permit to set an open fire if an order to extinguish open burning is issu ed; and 3. Annually submit to the Director by May 15 a recor d of daily burn activity, excluding household waste burnpermits, on a form provided by the Director for the pr evious calendar year containing the information required i n subsections (D)(3)(e) and (D)(3)(f).

H. The Director shall hold an annual public meeting fo r interested parties to review operations of the open outdoor fi re program and discuss emission reduction techniques.

I. Nothing in this Section is intended to permit any p ractice that is a violation of any statute, ordinance, rule, or regulation.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective October 2, 1979 (Supp. 79-5). Correction, subsection (C) repealed effective October 2, 1979, not shown (Supp. 80-1). Former Section R9-3-602 renumbered without change as Section R18-2-602 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-602 renumbered to R18-2-802,

new Section R18-2-602 renumbered from R18-2-401 effective November 15, 1993 (Supp. 93-4). Amended b y final rulemaking at 10 A.A.R. 388, effective March 16,

2004 (Supp. 04-1).

R18-2-603. Repealed

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-603 renumbered without change as Secti on R18-2-603 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-603 renumbered to R18-2-803, new Section R18-2-603 renumbered from R18-2-403 effective November 15, 1993 (Supp. 93-4). Repealed effective October 8, 19 96

(Supp. 96-4).

R18-2-604. Open Areas, Dry Washes, or Riverbeds

A. No person shall cause, suffer, allow, or permit a b uilding or its appurtenances, or a building or subdivision site, o r a driveway, or a parking area, or a vacant lot or sales lot, or an urban or suburban open area to be constructed, used, altered , repaired, demolished, cleared, or leveled, or the earth to be moved or excavated, without taking reasonable precautions to limit excessive amounts of particulate matter from becomi ng airborne. Dust and other types of air contaminants sha ll be kept to a minimum by good modern practices such as usingan approved dust suppressant or adhesive soil stabiliz er, paving, covering, landscaping, continuous wetting, detourin g, barring access, or other acceptable means.

B. No person shall cause, suffer, allow, or permit a v acant lot, or an urban or suburban open area, to be driven over o r used by motor vehicles, trucks, cars, cycles, bikes, or bug gies, or by animals such as horses, without taking reasonable p recautions to limit excessive amounts of particulates from bec oming airborne. Dust shall be kept to a minimum by using an approved dust suppressant, or adhesive soil stabilizer, or b y paving, or by barring access to the property, or by other acce ptable

means. C. No person shall operate a motor vehicle for recreat ional purposes in a dry wash, riverbed or open area in such a way as to cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, in stitutional, educational, retail sales, hotel or business premis es. For purposes of this subsection “motor vehicles” shall inc lude, but not be limited to trucks, cars, cycles, bikes, buggies and 3-wheelers. Any person who violates the provisions of this subsection shall be subject to prosecution under A.R.S. § 49-4 63.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-604 renumbered without change as Secti on R18-2-604 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-604 renumbered to R18-2-804, new Section R18-2-604
renumbered from R18-2-404 and amended effective November 15, 1993 (Supp. 93-4).

R18-2-605. Roadways and Streets

A. No person shall cause, suffer, allow or permit the use, repair, construction or reconstruction of a roadway or alle y without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. Dust andother particulates shall be kept to a minimum by employin g temporary paving, dust suppressants, wetting down, detouring or by
other reasonable means.

B. No person shall cause, suffer, allow or permit tran sportation of materials likely to give rise to airborne dust with out taking reasonable precautions, such as wetting, applying dustsuppressants, or covering the load, to prevent particulate matter from becoming airborne. Earth or other material that is deposited by trucking or earth moving equipment shall be removed from paved streets by the person responsible for such de posits.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-605 renumbered without change as Secti on R18-2-605 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-605 renumbered to R18-2-805, new Section R18-2-605 renumbered from R18-2-405 effective November 15,

1993 (Supp. 93-4).

R18-2-606. Material Handling No person shall cause, suffer, allow or permit crus hing, 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 h oods to prevent excessive amounts of particulate matter from becomi ng airborne.

Historical ote
Section R18-2-606 renumbered from R18-2-406 effecti ve

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

R18-2-607. Storage Piles

A. No person shall cause, suffer, allow, or permit org anic or inorganic dust producing material to be stacked, piled, or otherwise stored without taking reasonable precautions s uch as chemical stabilization, wetting, or covering to pre vent excessive amounts of particulate matter from becoming ai rborne.

B. Stacking and reclaiming machinery utilized at stora ge piles shall be operated at all times with a minimum fall of materialSupp. 12-1 Page 68 March 31, 2012

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and in such manner, or with the use of spray bars and wetting agents, as to prevent excessive amounts of particul ate matter from becoming airborne.

Historical ote
Section R18-2-607 renumbered from R18-2-407 effecti ve

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

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 shal l mean wetting, chemical stabilization, revegetation or such other measures as are approved by the Director.

Historical ote Section R18-2-608 renumbered from R18-2-408, new Section R18-2-408 adopted effective November 15, 19 93 (Supp. 93-4). Amended by final rulemaking at 15 A.A .R. 228, effective March 7, 2009 (Supp. 09-1).

R18-2-609. Agricultural Practices A person shall not cause, suffer, allow, or permit the performance of agricultural practices outside the Phoenix and Yuma planning areas, as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210, including tilling of land and applicatio n of fertilizers without taking reasonable precautions to prevent ex cessive amounts of particulate matter from becoming airborne.

Historical ote
Section R18-2-609 renumbered from R18-2-409 effecti ve November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 6 A.A.R. 2009, effective May 12, 2000 (Su pp. 00-2). Amended by final rulemaking at 11 A.A.R. 221 0, effective July 18, 2005 (Supp. 05-2).

R18-2-610. Definitions for R18-2-610.01 The definitions in R18-2-101 and the following defi nitions apply to

R18-2-610.01: 1. “Access restriction” means reducing the number of trips driven on agricultural aprons and access roads by r estricting or eliminating public access to noncropland wit h signs or physical obstruction. 2. “Aggregate cover” means gravel, concrete, recycle d road base, caliche, or other similar material applied to noncropland to a depth sufficient to reduce dust gener ated from vehicle movement, wind or other erosive forces

. 3. “Area A” means the area delineated according to A .R.S. § 49-541(1). 4. “Best management practice” means a technique veri fied by scientific research, that on a case-by-case basi s is practical, economically feasible, and effective in reducing

PM 10 emissions from a regulated agricultural activity. 5. “Cessation of Night Tilling” means the discontinu ation of night tillage tilling on a day identified by the Maricopa County Dust Control Forecast as being high risk of dust generation. 6. “Chemical irrigation” means reducing the number o f passes across a commercial farm by applying a ferti lizer, pesticide, or other agricultural chemical to cropland through an irrigation system. 7. “Combining tractor operations” means reducing soi l compaction and the number of passes across a commer

cial farm by using a tractor, implement, harvester, or other farming support vehicle to perform two or mor e tillage, cultivation, planting, or harvesting operation s at the
same time. 8. “Commercial farm” means 10 or more contiguous acr es of land used for agricultural purposes within the b oundary of the Maricopa PM 10 nonattainment area and Maricopa County portion of Area A or a PM 10 nonattainment area designated after June 1, 2009 as stated in A.R .S. § 49-457(P)(1)(f). 9. “Commercial farmer” means an individual, entity, or joint operation in general control of a commercial farm. 10. “Committee” means the Governor’s Agricultural Be st Management Practices Committee. 11. “Cover crop” means reducing wind erosion and PM 10 emissions by using plants or a green manure crop se asonally to protect soil surfaces between crops and con trol soil

movement. 12. “Critical area planting” means reducing PM 10 emissions and wind erosion by planting trees, shrubs, vines, grasses, or other vegetative cover on noncropland in order t o maintain adequate ground cover. 13. “Cropland” means land on a commercial farm that: a. Is within the time-frame of final harvest to plant

emergence; b Has been tilled in a prior year and is suitable fo r crop production, but is currently fallow; or

c. Is a turn-row. 14. “Cross-wind ridges” means stabilizing soil and r educing

PM 10 emissions and wind erosion by creating soil ridges in a commercial farm by tillage or planting operati ons. Ridges should be aligned as perpendicular as possib le to the prevailing wind direction. Soil should be stabl e enough to sustain effective ridges. 15. “Cross-wind strip-cropping” means stabilizing so il and reducing PM 10 emissions by growing strips of at least two crops: herbaceous cover or managing crop or herbaceous residue as a protective cover within the same field. Strips should be aligned as perpendicular as possib le to the prevailing wind directions. 16. “Equipment modification” means reducing PM 10 emissions and soil erosion during tillage and harvest o perations by modifying and maintaining an existing piec e of agricultural equipment, purchasing new equipment, increasing equipment size, modifying land planting and land leveling, matching the equipment to row spacin g, or grafting to new varieties or technological improvem ents. 17. “Fallow Field” means an area of land that is rou tinely cultivated, planted and harvested and is unplanted for one or more growing seasons or planting cycles, but is int ended to be placed back in agricultural production. 18. “Forage Crop” means a product grown for consumpt ion by any domestic animal. 19. “Genetically Modified” means a living organism whose genetic material has been altered, changing one or more of its characteristics. 20. “GMO: Genetically Modified Organism” means a plant that has been altered by a genetic exchange with an other organism. 21. “GPS: Global Position Satellite System” means us ing a satellite navigation system on farm equipment to ca lculate position in the field. 22. “Green Chop” means reducing soil compaction, soi l disturbance and the number of passes across a commerci al farm by harvesting of a Forage Crop without allowin g it to dry in the field. 23. “Integrated Pest Management” means reducing soilcompaction and the number of passes in a commercial farm for spraying by using a combination of techniques i nclud-Arizona Administrative Code Title 18, Ch. 2

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ing organic, conventional, and biological farming p ractices to suppress pest problems. 24. “Limited harvest activity during a high-wind eve nt” means performing no harvest or soil preparation activity when the measured wind speed as measured by a hand held anemometer is more than 25 miles per hour at the
commercial farm site. 25. “Limited tillage activity during a high-wind eve nt” means performing no tillage or soil preparation activity when themeasured wind speed as measured by a hand held anemometer is more than 25 miles per hour at the comme rcial farm site. 26. “Maricopa PM 10 nonattainment area” means the Phoenix planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210. 27. “Mulching” means reducing PM 10emissions and wind erosion and preserving soil moisture by applying a protective layer of plant residue or other material th at is not produced onsite to a soil surface to reduce soil mo vement. 28. “Multi-year crop” means reducing PM 10emissions from wind erosion or tillage by protecting the soil surf ace by growing a crop, pasture, or orchard that is grown, or will be grown, on a continuous basis for more than one y ear. 29. “Noncropland” means any commercial farm land tha t: a. Is no longer used for agricultural production; b. Is no longer suitable for production of crops; c. Is subject to a restrictive easement or contract that prohibits use for the production of crops; or d. Includes a private farm road, ditch, ditch bank, equipment yard, storage yard, or well head. 30. “Night Tilling” means preparing the land for the raising of crops between the hours of 2:00 a.m. and 8:00 a. m. 31. “Organic farming practices” means using biologic al or non-chemical agricultural methods. 32. “Organic material application” means applying an imal
waste or biosolids to a soil surface. 33. “Permanent cover” means reducing PM 10emissions and wind erosion by maintaining a long-term perennial v egetative cover on cropland that is temporarily not pr oducing a major crop. 34. “Planting based on soil moisture” means applying water or having enough moisture in the soil to germinate the seed prior to planting. 35. “Precision Farming” means reducing the number of passes across a commercial farm by using GPS to pre

cisely guide farm equipment in the field. 36. “Reduce vehicle speed” means reducing PM 10 emissions and soil erosion from the operation of farm vehicle s or farm equipment on unpaved private farm roads at spe eds not to exceed 20 mph. 37. “Reduced harvest activity” means reducing the number of mechanical harvest passes. 38. “Reduced tillage system” means reducing the numb er of tillage operations. 39. “Regulated agricultural activity” means a regula ted agricultural activity as defined in A.R.S. § 49-457(P)( 5). 40. “Regulated area” means a regulated area as defin ed in A.R.S. § 49-457(P)(6). 41. “Residue management” means reducing PM 10 emissions and wind erosion by managing the amount and distrib ution of crop and other plant residues on a soil sur face between the time of harvest of one crop and the eme rgence of a new crop. 42. “Sequential cropping” means reducing PM 10 emissions and wind erosion by growing crops in a sequence or close rotation that limits the amount of time bare soil i s exposed on a commercial farm to 30 days or less. 43. “Shuttle System/Larger Carrier” means reducing the number of passes in a commercial farm by using mult iple or larger bins/trailers per trip to haul commodity from the

field. 44. “Significant Agricultural Earth Moving Activitie s” means either leveling activities conducted on a com mercial farm that disturb the soil more than 4 inches below the surface, or the creation, maintenance and reloc ation of: ditches, canals, ponds, irrigation lines, tailw ater recovery systems (agricultural sumps) and other wat er conveyances, not to include activities performed oncropland for crop preparation, cultivation or harvest. 45. “Stabilization of soil prior to plant emergence” means reducing PM 10 emissions by applying water to soil in between planting and crop emergence in order to cau se the soil to form a crust. 46. “Surface roughening” means reducing PM 10 emissions and wind erosion by manipulating a soil surface in order to produce or maintain clods. 47. “Stagnant Air Conditions” means a meteorological regime where warm air aloft overlies cooler air near the surface and little if any vertical mixing occurs. 48. “Synthetic particulate suppressant” means reduci ng PM 10 emissions and wind erosion by providing a surface b arrier or binding soil particles together on noncropland w ith a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide that is used to control particulate matter. 49. “Tillage and harvest” means any mechanical pract ice that physically disturbs cropland or crops on a commerci al
farm. 50. “Tillage based on soil moisture” means reducing PM 10 emissions by irrigating fields to the depth of the proposed cut prior to soil disturbances or conducting tillag e to coincide with precipitation. 51. “Timing of a tillage operation” means performing tillage operations that minimize the amount of time the soi l surface is susceptible to wind erosion resulting in PM 10

. 52. “Track-out control system” means reducing PM 10 emissions by using a device or system to remove mud or soil from a vehicle or equipment before the vehicle ente rs a paved public road. 53. “Transgenic Crops” means reducing the need for t illage or cultivation operations, the number of chemical s pray applications, or soil disturbances by using plants that are genetically modified. 54. “Transplanting” means reducing the number of pas ses in a commercial farm and minimizing soil disturbance b y utilizing plants already in a growth state as compared to seeding. 55. “Watering” means reducing PM 10 emissions and wind erosion by applying water to noncropland bare soil surfaces during periods of high traffic until the surf aces are visibly moist. 56. “Wind barrier” means reducing PM 10 emissions and wind erosion by constructing a fence or structure, or pr oviding a woody vegetative barrier by planting a row of tre es or shrubs, perpendicular or across the prevailing winddirection to reduce wind speed by changing the pattern o f air

flow over the land surface.

Historical ote Former Section R18-2-610 renumbered to R18-2-612; new Section R18-2-610 adopted by final rulemaking at 6Supp. 12-1 Page 70 March 31, 2012

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A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 13 A.A.R. 4326, effective November 14, 2007 (Supp. 07-4). Amended b y exempt rulemaking at 18 A.A.R. 137, effective Decem ber 29, 2011 (Supp. 11-4). Subsection (A) corrected at the request of the Department, Office File No. M12-133,

filed April 5, 2012 (Supp. 11-4).

R18-2-610.01.Agricultural PM 10 General Permit for Crop Operations; PM 10 onattainment Areas

A. A commercial farmer shall comply with this Section by January 1, 2012. Until the end of the transition periodon March 31, 2013, a commercial farmer shall maintain a record d emonstrating compliance with this Section. The record s hall be provided to the Director within two business days of n otice to the
commercial farmer. The record shall contain: 1. The name of the commercial farmer; 2. The mailing address or physical address of the co mmercial farm; and 3. The best management practices selected for tillag e and harvest, noncropland, and cropland.

B. A commercial farmer, who begins a regulated agricul tural activity after January 1, 2012, shall comply with this Section within three months of beginning the regulated agri cultural activity.

C. A commercial farmer within a Serious PM 10Nonattainment Area shall implement at least two best management p ractices from each category to reduce PM 10 emissions.

D. A commercial farmer within a Moderate PM 10Nonattainment Area shall implement at least one best management p ractice from each category to reduce PM 10 emissions.

E. A commercial farmer shall implement from the follow ing best management practices, as described in subsection (C ) or (D), during harvest and tillage activities: 1. Chemical irrigation, 2. Combining tractor operations, 3. Equipment modification, 4. Green Chop, 5. Integrated Pest Management, 6. Limited harvest activity during a high-wind event

, 7. Limited tillage activity during a high-wind event

, 8. Multi-year crop, 9. Cessation of Night Tilling, 10. Planting based on soil moisture, 11. Precision Farming, 12. Reduced harvest activity, 13. Reduced tillage system, 14. Tillage based on soil moisture, 15. Timing of a tillage operation, 16. Transgenic Crops, 17. Transplanting, or 18. Shuttle System/Larger Carrier.

F. A commercial farmer shall implement from the follow ing best management practices, as described in subsection (C ) or (D),
to reduce PM 10 emissions from noncropland: 1. Access restriction, 2. Aggregate cover, 3. Wind barrier, 4. Critical area planting, 5. Organic material application, 6. Reduce vehicle speed, 7. Synthetic particulate suppressant, 8. Track-out control system, or 9. Watering.

G. A commercial farmer shall implement from the follow ing best management practices, as described in subsection (C ) or (D),
to reduce PM 10 emissions from cropland: 1. Wind barrier, 2. Cover crop, 3. Cross-wind ridges, 4. Cross-wind strip-cropping, 5. Integrated Pest Management, 6. Organic material application, 7. Mulching, 8. Multi-year crop, 9. Permanent cover, 10. Stabilization of soil prior to plant emergence, 11. Precision Farming, 12. Residue management, 13. Sequential cropping, or 14. Surface roughening.

H. A commercial farmer shall implement from the follow ing best management practices, as described in subsection (C ) or (D), when conducting Significant Agricultural Earth Movi ng Activities as defined in R18-2-610: 1. Apply water prior to conducting Significant Agric ultural Earth Moving Activities and/or time Significant Agr icultural Earth Moving Activities to coincide with prec ipitation; 2. Apply water during Significant Agricultural EarthMoving Activities; 3. Limit activities during high wind events; 4. Conduct Significant Agricultural Earth Moving Act ivities in a manner to minimize the number of passes by usi ng equipment that is the most efficient means of movin g the soil; or 5. Conduct Significant Agricultural Earth Moving Act ivities as close to possible to planting or otherwise stabi lize the soil, except for emergency maintenance purposes.

I. Beginning March 31, 2013, or within 90 days after the start of a new regulated agricultural activity, whichever is later, the commercial farmer shall complete and submit a Best Management Practices Program General Permit Record Form t o the Arizona Department of Agriculture. Thereafter, the commercial farmer shall also complete and submit a Best M anagement Practices Program General Permit Record Form to the Arizona Department of Agriculture on March 31 of each calen dar year. The Best Management Practice Program General Permit Record form shall include the following information : 1. At least the required number of best management p ractices as described in subsection (C) or (D) that th e commercial farmer implemented during the previous cale ndar

year; 2. At least the required number of best management p ractices as described in subsection (C) or (D) that th e commercial farmer intends to implement during the curr ent calendar year; 3. The name, business address, and phone number of the commercial farmer responsible for the preparation and implementation of the best management practices; 4. The signature of the commercial farmer and the date the form was signed.

J. Beginning in Calendar Year 2014, and no more than o nce every subsequent three calendar years, the Directorshall provide the commercial farmer with a Best Management P ractices Program Periodic Survey. The commercial farmer may complete and submit the survey to the Arizona Departme nt of Agriculture. The Periodic Survey shall include the following
information: 1. The type and acreage of each crop type planted du ring the calendar year that the survey is conducted, 2. The total miles of unpaved roads at the commercia l farm,

andArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 71 Supp. 12-1 3. The total acreage of the unpaved equipment and tr affic
areas at the commercial farm.

K. Records of any changes to the Best Management Practices identified in the most recently submitted Best Mana gement Practices Program General Permit Record Form shall be kept by the commercial farmer onsite and made available for review within two business days of notice to the co mmercial
farmer.

L. A person may petition the Committee to consider dif ferent practices to control PM 10 emissions not contained in either of the categories of subsection (E), (F), (G), or (H). The Committee may require on-farm demonstration trials to be conducted under the conditions established by the Committee. The proposed new practices shall not become effective unle ss approved by the Committee.

M. A commercial farmer shall maintain a record demonstrating compliance with this Section for three years. Recor ds shall include a copy of the complete Best Management Prac tice Program General Permit Record Form to confirm implementation of each best management practice.

. The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM 10 general permit.

O. A commercial farmer shall ensure that the implement ation of all selected best management practices does not vio late any other local, state, or federal law.

P. The Director shall document noncompliance with this Section before issuing a compliance order. Q. A commercial farmer who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-45 7(I), (J), and (K).

Historical ote New Section made by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4).

R18-2-611. Definitions for R18-2-611.01 The definitions in R18-2-101 and the following defi nitions apply to

R18-2-611.01: 1. The following definitions apply to a commercial d airy operation: a. “Aggregate cover” means gravel, concrete, recycle d road base, caliche, or other similar material appli ed to unpaved roads or feed lanes to a depth sufficient to reduce dust generated from vehicle movement,
wind or other erosive forces. b. “Apply a fibrous layer” means reducing PM 10 emissions by spreading shredded or deconstructed plant materials to cover loose soil in high animal traffi c

areas.c. “Bunkers” means below ground level storage systems for storing large amount of silage, which is covered with a plastic tarp. d. “Calves” means young dairy stock under two months of age. e. “Cement cattle walkways to milk barn” means reducing PM 10 emissions by fencing pathways from the corrals to the milking barn, which are surfaces

with concrete floors. f. “Commercial animal operator” means an individual, entity, or joint operation in general control of ananimal operation.g. “Commercial dairy operation” means a dairy operation with more than 150 dairy cattle within the boundary of the Maricopa PM 10nonattainment area and Maricopa County portion of Area A or a PM 10 nonattainment area designated after June 1, 2009 as stated in A.R.S. § 49-457(P)(1)(f). h. “Cover manure hauling trucks” means reducing

PM 10 emissions by completely covering the top of

the loaded area. i. “Covers for silage” means reducing PM 10 emissions and wind erosion by using large plastic tarps to co mpletely cover silage. j. “Do not run cattle” means reducing PM 10 emissions by walking dairy cattle to the milking barn. k. “Feed higher moisture feed to dairy cattle” means reducing PM 10 emissions by feeding dairy cattle one or a combination of the following:
i. Add water to ration mix to achieve a 20% minimum moisture level,
ii. Add molasses or tallow to ration mix at a minimum of 1%, iii. Add silage, or iv. Add Green Chop. l. “Feed green chop” means feeding high moisture feed that contains at least 30% moisture directly t o dairy cattle. m. “Groom manure surface” means reducing PM 10 emissions and wind erosion by: i. Flushing or vacuuming lanes daily, ii. Scraping and harrowing pens on a weekly basis, and iii. Removing manure every four months with equipment that leaves an even corral surface of compacted manure on top of the soil. n. “Hutches” means raised, roofed enclosures that pr otect the calves from the elements. o. “Pile manure between cleanings” means reducing

PM 10 emissions by collecting loose surface materials within the confines of the surface area of theoccupied feed pen to contain the loose manure materials. p. “Provide cooling in corral” means reducing PM 10 emissions by using evaporative coolers under the corral shades to reduce the ambient air temperature

, thereby increasing stocking density in the cool are as of the corrals. q. “Provide shade in corral” means reducing PM 10emissions by increasing stocking density and reducing animal movement by using a permanent structure, which provides at least 16 square feet per animal of shaded pen surface.r. “Push equipment” means manure harvesting equipment pushed in front of a tractor. s. “Regulated agricultural activity” means a regulat ed agricultural activity as defined in A.R.S. § 49- 457(P)(5). t. “Regulated area” means a regulated area as define d in A.R.S. § 49-457(P)(6). u. “Silage” means fermented, high-moisture fodder that can be fed to ruminants, such as cattle and sheep; usually made from grass crops including corn, sorghum or other cereals, by using the entire green plant. v. “Store and maintain feed stock” means reducing

PM 10 emissions and wind erosion by storing feedstock in a covered area where the commodity is surrounded on at least three sides by a structure so t hat the feed stock is adequately contained. w. “Synthetic particulate suppressant” as defined in

R18-2-610. x. “Use drag equipment to maintain pens” means reducing PM 10 emissions by using manure harvest-Supp. 12-1 Page 72 March 31, 2012

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ing equipment pulled behind a tractor instead of using push equipment. y. “Use free stall housing” means reducing PM 10 emissions by enclosing one cow per stall, which are out

fitted with concrete floors. z. “Water misting systems” means reducing PM 10 emissions from dry manure by using systems that project a cloud of very small water particles onto the

manure surface. aa. “Wind barrier” means reducing PM 10 emissions and wind erosion by constructing a fence or structure, or providing a woody vegetative barrier by planting a row of trees or shrubs, perpendicular or across the prevailing wind direction to reduce wind speed bychanging the pattern of air flow over the land surface. 2. The following definitions apply to a commercial b eef cattle feedlot: a. “Add moisture to pen surface” means reducing

PM 10 emissions and wind erosion by applying at least three to six gallons of water per head/per day in pens occupied by beef cattle. b. “Add molasses or tallow to feed” means reducing

PM 10 emissions by adding molasses or tallow so that it equals five percent of the total ration. c. “Aggregate cover” means gravel, concrete, recycle d road base, caliche, or other similar material appli ed to unpaved roads or feed lanes to a depth sufficient to reduce dust generated from vehicle movement,

wind or other erosive forces. d. “Apply a fibrous layer in working areas” means reducing PM 10 emissions by spreading shredded or deconstructed plant materials to cover loose soil. e. “Bulk materials” means reducing PM 10 emissions by distributing or hauling grain, supplements, or

mixed feeds via motorized vehicle. f. “Commercial animal operator” means an individual, entity, or joint operation in general control of ananimal operation. g. “Commercial beef cattle feedlot” means a beef cattle
feedlot with more than 500 beef cattle within the boundary of the Maricopa PM 10nonattainment area and Maricopa County portion of Area A or a PM 10 nonattainment area designated after June 1, 2009 as stated in A.R.S. § 49-457(P)(1)(f). h. “Concrete apron” means reducing PM 10emissions by using solidly formed concrete surface, at least 4 inches thick on top of the soil surface, inside the feed pen for 8 feet approaching the feed bunk or water trough. i. “Control cattle during movements” means reducing

PM 10 emissions by suppressing the animal’s ability to run by driving them forward while intruding on their “flight zones” or restraining the animal’s mo vement. j. “Cover manure hauling trucks” means reducing

PM 10 emissions by completely covering the top of
the loaded area. k. “Feed higher moisture feed to beef cattle” means reducing PM 10 emissions by feeding beef cattle feed
that contains at least 30% moisture. l. “Frequent manure removal” means reducing PM 10 emissions and wind erosion by harvesting loose manure on top of the pen surface at least once ever y six months. m. “Higher moisture feeds” means reduce PM 10 emissions by feeding beef cattle feed that contains at
least 30% moisture. n. “Increase manure moisture” means reducing PM 10 emissions by increasing the fluids consumed and excreted by cattle. o. “Pile manure between cleanings” means reducing

PM 10 emissions by collecting loose manure surfacematerials, by scraping or pushing, within the confines of the surface area of the occupied feed pen to contain loose manure materials. p. “Provide shade in corral” means reducing PM 10emissions by increasing stocking density and reducing animal movement by using a permanent structure, which provides at least 16 square feet per animal of shaded pen surface.q. “Push equipment” means manure harvesting equipment pushed in front of a tractor. r. “Regulated agricultural activity” means a regulat ed agricultural activity as defined in A.R.S. § 49- 457(P)(5). s. “Regulated area” means a regulated area as define d in A.R.S. § 49-457(P)(6). t. “Store and maintain feed stock” means reducing

PM 10 emissions and wind erosion by storing feedstock in a covered area where the commodity is surrounded on at least three sides by a structure so t hat the feed stock is adequately contained. u. “Synthetic particulate suppressant” as defined in

R18-2-610. v. “Use drag equipment to maintain pens” means reducing PM 10 emissions by using manure harvesting equipment pulled behind a tractor instead of using push equipment. w. “Wind barrier” means reducing PM 10 emissions and wind erosion by constructing a fence or structure, or providing a woody vegetative barrier by planting a row of trees or shrubs, perpendicular or across the prevailing wind direction to reduce wind speed bychanging the pattern of air flow over the land surface. 3. The following definitions apply to a commercial p oultry facility: a. “Add moisture through ventilation systems” means reducing PM 10 emissions by using a ventilation system that is designed to allow stock to maintain the ir normal body temperature without difficulty while adding sufficient moisture to the air within the ho using system to bind small particles to larger partic les.
b. “Add oil and/or moisture to the feed” means reduc

ing PM 10 emissions by adding edible oil and/or moisture to feed rations to bind small particles to larger particles. c. “Aggregate cover” means gravel, concrete, recycle d road base, caliche, or other similar material appli ed to unpaved roads or feed lanes to a depth sufficient to reduce dust generated from vehicle movement,
wind or other erosive forces. d. “Clean aisles between cage rows” means reducing

PM 10 emissions by cleaning the aisles between cage rows at least twice every 14 days to prevent dried manure, spilled feed, and debris accumulation. e. “Clean fans, louvers, and soffit inlets in a comm ercial poultry facility” means reducing PM 10emissions by cleaning fans, louvers, and soffit inletsArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 73 Supp. 12-1

when the facility is empty between depopulating and populating the facility. f. “Clean floors and walls in a commercial poultry facility” means reducing PM 10 emissions by cleaning floors and walls to prevent dried manure, spill ed feed, and debris accumulation when the facility is empty between depopulating and populating the facility. g. “Commercial animal operator” means an individual, entity, or joint operation in general control of ananimal operation. h. “Commercial poultry facility” means a poultry ope ration with more than 25,000 egg laying hens within the boundary of the Maricopa PM 10 nonattainment area and Maricopa County portion of Area A or a

PM 10 nonattainment area designated after June 1, 2009 as stated in A.R.S. § 49-457(P)(1)(f). i. “Control vegetation on building exteriors” means reducing PM 10 emissions by removing, cutting, or trimming vegetation that accumulates PM 10 and restricts ventilation of the building. j. “Enclose transfer points” means reducing PM 10 emissions by enclosing the points of transferbetween the enclosed, weatherproof storage structure and the enclosed feed distribution system,
which reduce air contact with the feed rations duri ng feed conveyance. k. “House in fully enclosed ventilated buildings” means reducing PM 10emissions by utilizing fully enclosed buildings with sufficient ventilation.
l. “Maintain moisture in manure solids” means reducing PM 10 emissions by maintaining moisture in the solids sufficient to bind small particles to largerparticles. m. “Minimize drop distance” means reducing PM 10 emissions by designing the feed distribution system to minimize the distance the feed ration drops from the feed distribution system into feeders, which reduces air contact with the feed rations during fe ed

conveyance. n. “Poultry” means any domesticated bird including chickens, turkeys, ducks, geese, guineas, ratites and squabs. o. “Regulated agricultural activity” means a regulat ed agricultural activity as defined in A.R.S. § 49- 457(P)(5). p. “Regulated area” means a regulated area as define d in A.R.S. § 49-457(P)(6). q. “Remove spilled feed” means reducing PM 10 emissions by removing spilled feed from the housing facility at least once every 14 days. r. “Stack separated manure solids” means reducing

PM 10 emissions and wind erosion by reducing the amount of exposed surface area of manure solids. s. “Store feed” means reducing PM 10 emissions by storing feed in a structure that is enclosed and weatherproof, which reduces air contact with the feed rations during feed storage. t. “Synthetic particulate suppressant” as defined in

R18-2-610. u. “Use enclosed feed distribution system” means reducing PM 10 emissions by using an enclosed feed conveyance system that distributes feed rations throughout the housing facility, which reduces aircontact with the feed rations during feed conveyance. v. “Use a flexible discharge spout” means reducing

PM 10 emissions and wind erosion at the time of bulk feed deliveries to the housing units by using a fle xible discharge spout on the end of the feed truck transfer auger. w. “Use no bedding in the production facility” means reducing PM 10 emissions by not using bedding such as wood shavings, sawdust, peanut hulls, straw, or other organic material. 4. The following definitions apply to a commercial s wine facility:

a. “Add oil and/or moisture to the feed” means reduc

ing PM 10 emissions by adding edible oil and/or moisture to feed rations to bind small particles to larger particles. b. “Add moisture through ventilation systems” means reducing PM 10 emissions by using a ventilation system that is designed to allow stock to maintain the ir normal body temperature without difficulty while adding sufficient moisture to the air within the ho using system to bind small particles to larger partic les. c. “Aggregate cover” means gravel, concrete, recycle d road base, caliche, or other similar material appli ed to unpaved roads or feed lanes to a depth sufficient to reduce dust generated from vehicle movement,
wind or other erosive forces. d. “Clean aisles between pens and stalls” means redu cing PM 10 emissions by cleaning the aisles between pens and stalls at least twice every 14 days to pre

vent dried manure, spilled feed, and debris accumulation. e. “Clean fans, louvers, and soffit inlets in a comm ercial swine facility” means reducing PM 10 emissions by cleaning fans, louvers, and soffit inlets betwee n transfer of animal groups. f. “Clean pens, floors and walls in a commercial swi ne facility” means reducing PM 10 emissions by cleaning pens, floors, and walls between transfer of ani

mal groups to prevent dried manure, spilled feed,
and debris accumulation. g. “Commercial animal operator” means an individual, entity, or joint operation in general control of a animal operation.h. “Commercial swine facility” means a swine operation with more than 50 animal units for more than 3 0consecutive days within the boundary of the Maricopa PM 10 nonattainment area and Maricopa County portion of Area A or a PM 10 nonattainment area designated after June 1, 2009 as stated in A.R .S. § 49-457(P)(1)(f). One thousand pounds equals one

animal unit. i. “Control vegetation on building exteriors” means reducing PM 10 emissions by removing, cutting, or trimming vegetation that accumulates PM 10 and restricts ventilation of the building. j. “Enclose transfer points” means reducing PM 10 emissions by enclosing the points of transferbetween the enclosed, weatherproof storage structure and the enclosed feed distribution system,

which reduces air contract with the feed rations during feed conveyance. k. “House in fully enclosed ventilated buildings” means reducing PM 10 emissions by utilizing fully enclosed buildings with sufficient ventilation.l. “Lagoon” means a liquid manure storage and treatment pond.Supp. 12-1 Page 74 March 31, 2012

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m. “Maintain moisture in manure solids” means reducing PM 10 emissions by maintaining moisture in the solids sufficient to bind small particles to largerparticles. n. “Minimize drop distance” means reducing PM 10 emissions by designing the feed distribution system to minimize the distance the feed ration drops from the feed distribution system into feeders, which reduces air contact with the feed rations during fe ed

conveyance. o. “Regulated agricultural activity” means a regulat ed agricultural activity as defined in A.R.S. § 49- 457(P)(5). p. “Regulated area” means a regulated area as define d in A.R.S. § 49-457(P)(6). q. “Remove spilled feed” means reducing PM 10 emissions by removing spilled feed from the housing facility at least once every 14 days. r. “Slatted flooring” means reducing PM 10 emissions by using flooring that is a slotted concrete or wir emesh floor set above a liquid manure collection pit

, which allows the excrement to fall though the floor

ing into the liquid pit below. s. “Sloped concrete flooring” means reducing PM 10 emissions by pouring concrete with a minimum of 0.25% grade inside of the barns which provides drainage and easier cleaning of floor areas. t. “Stack separated manure solids” means reducing

PM 10 emissions and wind erosion by reducing the amount of exposed surface area of manure solids. u. “Store feed” means reducing PM 10 emissions by storing feed in a structure that is enclosed and weatherproof, which reduces air contact with the feed rations during feed storage. v. “Store separated manure solids” means reducing

PM 10 emissions by storing manure solids in a windblocked area behind a wall, structure, or area with natural wind protection to minimize blowing air

movement over the manure stack. w. “Synthetic particulate suppressant” as defined in

R18-2-610. x. “Use a flexible discharge spout” means reducing

PM 10 emissions and wind erosion at the time of bulk feed deliveries to the housing units by using a fle xible discharge spout on the end of the feed truck transfer auger. y. “Use enclosed feed distribution system” means reducing PM 10 emissions by using an enclosed feed conveyance system that distributes feed rations throughout the housing facility, which reduces air contact with the feed rations during the feed conve yance. z. “Use no bedding in the production facility” means reducing PM 10 emissions by not using bedding such as wood shavings, sawdust, peanut hulls, straw, or other organic material.

Historical ote New Section adopted by final rulemaking at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 13 A.A.R. 4326, effective Nove mber 14, 2007 (Supp. 07-4). Section repealed; new Se ction made by exempt rulemaking at 18 A.A.R. 137, effecti ve December 29, 2011 (Supp. 11-4). Subsection (2)(a) c orrected at request of the Department, Office File No . M12-

133, filed April 5, 2012 (Supp. 11-4). R18-2-611.01. Animal Operations PM 10 General Permit; Moderate and Serious PM 10 onattainment Areas Except Yuma County

A. A commercial animal operator in a regulated area sh all comply with this Section by March 1, 2013.

B. A commercial animal operator, who begins a regulate d agricultural activity after January 1, 2012, shall comp ly with this Section within 18 months of beginning the regulatedagricultural activity.

C. A commercial animal operator within a Serious PM 10 Nonattainment Area shall implement at least two best man agement practices from each category to reduce PM 10 emissions.

D. A commercial animal operator within a Moderate PM 10 Nonattainment Area shall implement at least one best m anagement practice from each category to reduce PM 10 emissions.

E. A commercial dairy operation shall implement the fo llowing best management practices, as described in subsecti on (C) or (D), from each of the following categories: 1. Arenas, Corrals, and Pens: a. Use free stall housing, b. Provide shade in corral, c. Provide cooling in corral, d. Cement cattle walkways to milk barn, e. Groom manure surface, f. Water misting systems, g. Use drag equipment to maintain pens, h. Pile manure between cleanings, i. Feed green chop, j. Keep calves in barns or hutches, k. Do not run cattle, l. Apply a fibrous layer, or
m. Wind barrier. 2. Animal Waste Handling and Transporting: a. Feed higher moisture feed to dairy cattle, b. Store and maintain feed stock, c. Covers for silage, d. Store silage in bunkers, e. Increase manure moisture, f. Cover manure hauling trucks, or g. Do not load manure trucks with dry manure when wind exceeds 15 mph. 3. Unpaved Access Connections: a. Install signage to limit vehicle speed to 15 mph, b. Install speed control devices, c. Restrict access to through traffic, d. Install and maintain a track-out control device, e. Apply and maintain pavement in high traffic areas

, f. Apply and maintain aggregate cover,g. Apply and maintain synthetic particulate suppressant, or h. Apply and maintain water as a dust suppressant. 4. Unpaved Roads or Feed Lanes: a. Install engine speed governors on feed truck to 1 5 mph, b. Install signage to limit vehicle speed to 15 mph, c. Install speed control devices, d. Restrict access to through traffic, e. Apply and maintain pavement in high traffic areas

, f. Apply and maintain aggregate cover,g. Apply and maintain synthetic particulate suppressant, h. Apply and maintain water as a dust suppressant, i. Use appropriate vehicles such as electric carts o r small utility vehicles instead of trucks, or j. Apply and maintain pavement or cement feed lanes.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 75 Supp. 12-1 F. A commercial beef cattle feedlot shall implement th e following best management practices, as described in subs ection (C) or (D), from each of the following categories: 1. Arenas, Corrals, and Pens: a. Concrete aprons, b. Provide shade in corral, c. Add moisture to pen surface, d. Manure removal, e. Pile manure between cleanings, f. Increase manure moisture, g. Feed higher moisture feed to beef cattle, h. Control cattle during movements, i. Use drag equipment to maintain pens, j. Apply a fibrous layer, or

k. Wind barrier. 2. Animal Waste Handling and Transporting: a. Feed higher moisture feed to beef cattle, b. Add molasses or tallow to feed, c. Store and maintain feed stock, d. Bulk materials, e. Use drag equipment to maintain pens, f. Cover manure hauling trucks, or g. Do not load manure when wind exceeds 15 mph. 3. Unpaved Access Connections: a. Install and maintain a track-out control device, b. Apply and maintain pavement in high traffic areas

, c. Apply and maintain aggregate cover,d. Apply and maintain synthetic particulate suppressant, or e. Apply and maintain water as a dust suppressant. 4. Unpaved Roads or Feed Lanes: a. Install engine speed governors on feed truck to 1 5 mph, b. Install signage to limit vehicle speed to 15 mph, c. Install speed control devices, d. Restrict access to through traffic, e. Apply and maintain pavement in high traffic areas

, f. Apply and maintain aggregate cover,g. Apply and maintain synthetic particulate suppressant, h. Apply and maintain water as a dust suppressant, o r i. Apply and maintain oil on roads or feed lanes.

G. A commercial poultry facility shall implement the f ollowing best management practices, as described in subsecti on (C) or (D), from each of the following categories: 1. Arenas, Corrals, and Pens (Housing): a. Clean fans, louvers, and soffit inlets in a comme rcial poultry facility; b. Use no bedding; c. Control vegetation on building exteriors; d. Add moisture through ventilation systems; or e. House in fully enclosed ventilated buildings. 2. Animal Waste Handling and Transporting: a. Remove spilled feed, b. Store feed, c. Add oil and/or moisture to the feed, d. Use enclosed feed distribution system, e. Use flexible discharge spout, f. Minimize drop distance, g. Enclose transfer points, h. Clean floors and walls in a commercial poultry fa cility, i. Clean aisles between cage rows, j. Stack separated manure solids, or
k. Maintain moisture in manure solids. 3. Unpaved Access Connections: a. Install speed control devices, b. Restrict traffic access, c. Install and maintain a track-out control system, or d. Install signage to limit vehicle speed to 15 mph. 4. Unpaved Roads or Feed Lanes: a. Install engine speed governors on feed trucks to 15 mph, b. Install signage to limit vehicle speed to 15 mph, c. Install speed control devices, d. Restrict traffic access, e. Apply and maintain aggregate cover,f. Apply and maintain synthetic particulate suppressant, g. Apply and maintain water, or h. Apply and maintain oil on roads or feed lanes.

H. A commercial swine facility shall implement the fol lowing best management practices, as described in subsecti on (C) or (D), from each of the following categories: 1. Arenas, Corrals, and Pens: a. House in fully enclosed ventilated buildings; b. Use no bedding; c. Use a slatted floor system; d. Use sloped concrete flooring; e. Clean fans, louvers, and soffit inlets in a comme rcial swine facility; f. Control vegetation on building exteriors; or g. Add moisture through ventilation systems. 2. Animal Waste Handling and Transporting: a. Remove spilled feed; b. Store feed; c. Add oil and/or moisture to feed; d. Use enclosed feed distribution system; e. Use flexible discharge spout; f. Minimize drop distance; g. Enclose transfer points; h. Clean pens, floors, and walls in a commercial swi ne facility; i. Clean aisles between pens and stalls; j. Store separated manure solids in a wind-blocked

area; k. Stack separated manure solids; l. Maintain moisture in manure solids; or m. Maintain liquid lagoon level. 3. Unpaved Access Connections: a. Install speed control devices, b. Restrict traffic access, c. Install and maintain a track-out control system, d. Install signage to limit vehicle speed to 15 mph. 4. Unpaved Roads or Feed Lanes: a. Install engine speed governors on feed trucks to 15 mph, b. Install signage to limit vehicle speed to 15 mph, c. Install speed control devices, d. Restrict traffic access, e. Apply and maintain aggregate cover,f. Apply and maintain synthetic particulate suppressant, g. Apply and maintain water, h. Apply and maintain oil on roads or feed lanes, or

i. Wind barrier.

I. Beginning March 31, 2013, or within 90 days after the start of a new regulated agricultural activity, whichever is later, the commercial animal operator shall complete and submi t a Best Management Practices Program General Permit Record Form to the Arizona Department of Agriculture. Thereafte r, the commercial animal operator shall complete and submi t theSupp. 12-1 Page 76 March 31, 2012

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Best Management Practices Program General Permit Re cord Form by March 31st of each subsequent year. The Bes t Management Practices Program General Permit Record Form shall include the following information: 1. At least the required number of best management p ractices as described in subsection (C) or (D) that th e commercial animal operator implemented during the prev ious calendar year; 2. At least the required number of best management p ractices as described in subsection (C) or (D) that th e commercial animal operator intends to implement during the current calendar year; 3. The name, business address, and phone number of the commercial animal operator responsible for the prep aration and implementation of the best management prac

tices; 4. The signature of the commercial animal operator and the date the form was signed.

J. Beginning in Calendar Year 2014, and no more than o nce every subsequent three calendar years, the Directorshall provide the commercial animal operator with a Best Man agement Practices Program Periodic Survey. The commercial animal operator may complete and submit the survey to the Arizona Department of Agriculture. The Periodic Survey shal l include the following information: 1. The number of animals in a commercial dairy opera tion, beef cattle feed lot, poultry facility or swine fac ility; 2. The total miles of unpaved roads at the commercia l dairy operation, beef cattle feed lot, poultry facility o r swine facility; and 3. The total acreage of the unpaved access connectio ns and equipment areas at the commercial dairy operation, beef cattle feed lot, poultry facility or swine facility

. K. Beginning March 31, 2013, a commercial animal opera tor shall maintain records demonstrating compliance with this Section and any changes to the best management prac tices identified in the most recently submitted Best Mana gement Practices Program General Permit Record Form. Recor ds shall be kept by the commercial animal operator onsite an d made available for review within two business days of no tice to the commercial animal operator. A commercial animal ope rator shall maintain a record demonstrating compliance wi th this Section for three years.

L. A person may develop different practices not contai ned in subsection (E), (F), (G), or (H) that reduce PM 10 and may submit such practices that are proven effective through on -farm demonstration trials to the Committee. The new best management practices shall not become effective unless approve d as described in A.R.S. § 49-457(L).

M. The Director shall not assess a fee to a commercialanimal operator for coverage under the agricultural PM 10 general permit.

. A commercial animal operator shall ensure that the implementation of all selected best management practices do es not violate any other local, state, or federal law.

O. The Director shall document noncompliance with this Section before issuing a compliance order.

P. A commercial animal operator who is not in complian ce with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

Historical ote New Section made by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4). R18-2-612. Definitions for R18-2-613 1. “Access restriction” means restricting or eliminating public access to noncropland with signs or physical ob struction. 2. “Aggregate cover” means gravel, concrete, recycle d road base, caliche, or other similar material applied to noncropland. 3. “Artificial wind barrier” means a physical barrie r to the

wind. 4. “Bed row spacing” means increasing or decreasing the size of a planting bed area to reduce the number of passes and soil disturbance by increasing plant density. 5. “Best management practice” means a technique veri fied by scientific research, that on a case-by-case basi s is practical, economically feasible, and effective in reducing

PM 10 emissions from a regulated agricultural activity. 6. “Chemical irrigation” means applying a fertilizer, pesticide, or other agricultural chemical to cropland through an irrigation system. 7. “Combining tractor operations” means performing two or more tillage, cultivation, planting, or harvesting operations with a single tractor or harvester pass. 8. “Commercial farm” means 10 or more contiguous acr es of land used for agricultural purposes within the b oundary of the Yuma PM 10 nonattainment area. 9. “Commercial farmer” means an individual, entity, or joint operation in general control of a commercial farm. 10. “Conservation irrigation” means the use of drips , sprinklers, or underground lines to conserve water, and to reduce the weed population, the need for tillage, and soil compaction. 11. “Conservation tillage” means types of tillage th at reduce the number of passes and the amount of soil disturb ance. 12. “Cover crop” means plants or a green manure crop grown for seasonal soil protection or soil improvement. 13. “Critical area planting” means using trees, shru bs, vines, grasses, or other vegetative cover on noncropland. 14. “Cropland” means land on a commercial farm that: a. Is within the time-frame of final harvest to plant

emergence; b. Has been tilled in a prior year and is suitable f or crop production, but is currently fallow; or

c. Is a turn-row. 15. “Cross-wind ridges” means soil ridges formed by a tillage operation. 16. “Cross-wind strip-cropping” means planting strip s of alternating crops within the same field. 17. “Cross-wind vegetative strips” means herbaceous cover established in one or more strips within the same f ield. 18. “Equipment modification” means modifying agricul tural equipment to prevent or reduce particulate matter g eneration from cropland. 19. “Limited activity during a high-wind event” mean s performing no tillage or soil preparation activity whe n the measured wind speed at six feet in height is more than 25 mph at the commercial farm site. 20. “Manure application” means applying animal waste or biosolids to a soil surface. 21. “Mulching” means applying plant residue or othermaterial that is not produced onsite to a soil surface. 22. “Multi-year crop” means a crop, pasture, or orch ard that is grown, or will be grown, on a continuous basis f or more than one year. 23. “Night farming” means performing regulated agric ultural activities at night when moisture levels are higher and winds are lighter.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 77 Supp. 12-1 24. “Noncropland” means any commercial farmland that : a. Is no longer used for agricultural production; b. Is no longer suitable for production of crops; c. Is subject to a restrictive easement or contract that prohibits use for the production of crops; or d. Includes a private farm road, ditch, ditch bank, equipment yard, storage yard, or well head. 25. “Permanent cover” means a perennial vegetative c over on cropland. 26. “Planting based on soil moisture” means applying water to soil before performing planting operations. 27. “Precision farming” means use of satellite navig ation to calculate position in the field, to reduce overlap during field operations, and allow operations to occur dur ing nighttime and inclement weather, thus generating le ss PM 10

. 28. “Reduce vehicle speed” means operating farm vehi cles or farm equipment on unpaved farm roads at speeds not to exceed 20 mph. 29. “Reduced harvest activity” means reducing the number of harvest passes using a mechanized method to cut and remove crops from a field. 30. “Regulated agricultural activity” means a commer cial farming practice that may produce PM 10 within the Yuma

PM 10 nonattainment area. 31. “Residue management” means managing the amount and distribution of crop and other plant residues on a soil surface. 32. “Sequential cropping” means growing crops in a sequence that minimizes the amount of time bare soi l is exposed on a field. 33. “Surface roughening” means manipulating a soil s urface to produce or maintain clods. 34. “Synthetic particulate suppressant” means a manu factured product such as lignosulfate, calcium chlorid e, magnesium chloride, and polyacrylamide, an emulsion of a petroleum product, and an enzyme product that is used to control particulate matter. 35. “Tillage and harvest” means any mechanical pract ice that physically disturbs cropland or crops on a commerci al
farm. 36. “Tillage based on soil moisture” means applying water to soil before or during tillage, or delaying tillage to coincide with precipitation. 37. “Timing of a tillage operation” means performing tillage operations at a time that will minimize the soil’s susceptibility to generate PM 10

. 38. “Transgenic crops” means the use of genetically modified crops such as “herbicide ready” crops, which reduce s the need for tillage or cultivation operations, and reduces soil

disturbance. 39. “Track-out control system” means a device to rem ove mud or soil from a vehicle before the vehicle enter s a paved public road. 40. “Tree, shrub, or windbreak planting” means provi ding a woody vegetative barrier to the wind. 41. “Watering” means applying water to noncropland.

42. “Yuma PM 10 nonattainment area” means the Yuma PM 10 planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210.

Historical ote
New Section R18-2-612 renumbered from R18-2-610 at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Former Section R18-2-612 renumbered to R18-2-614; new Section R18-2-612 made by final rulemaking at 1 1 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2). R18-2-613. Yuma PM 10 onattainment Area; Agricultural Best Management Practices

A. A commercial farmer shall comply with this Section by August 1, 2005.

B. A commercial farmer who begins a regulated agricult ural activity after August 1, 2005, shall comply with th is Section within 60 days after beginning the regulated agricu ltural activity.

C. A commercial farmer shall implement at least one of the best management practices from each of the following cat egories at
each commercial farm: 1. Tillage and harvest, subsection (E); 2. Noncropland, subsection (F); and 3. Cropland, subsection (G).

D. A commercial farmer shall ensure that the implement ation of each selected best management practice does not vio late any other local, state, or federal law.

E. A commercial farmer shall implement at least one ofthe following best management practices to reduce PM 10emissions from tillage and harvest: 1. Bed row spacing, 2. Chemical irrigation, 3. Combining tractor operations, 4. Conservation irrigation, 5. Conservation tillage, 6. Equipment modification, 7. Limited activity during a high-wind event, 8. Multi-year crop, 9. Night farming, 10. Planting based on soil moisture, 11. Precision farming, 12. Reduced harvest activity, 13. Tillage based on soil moisture, 14. Timing of a tillage operation, or 15. Transgenic crops.

F. A commercial farmer shall implement at least one ofthe following best management practices to reduce PM 10emissions from noncropland: 1. Access restriction; 2. Aggregate cover; 3. Artificial wind barrier; 4. Critical area planting; 5. Manure application; 6. Reduce vehicle speed; 7. Synthetic particulate suppressant; 8. Track-out control system; 9. Tree, shrub, or windbreak planting; or 10. Watering.

G. A commercial farmer shall implement at least one ofthe following best management practices to reduce PM 10emissions from cropland: 1. Artificial wind barrier; 2. Cover crop; 3. Cross-wind ridges; 4. Cross-wind strip-cropping; 5. Cross-wind vegetative strips; 6. Manure application; 7. Mulching; 8. Multi-year crop; 9. Permanent cover; 10. Planting based on soil moisture; 11. Precision farming; 12. Residue management; 13. Sequential cropping; 14. Surface roughening; or 15. Tree, shrub, or windbreak planting.Supp. 12-1 Page 78 March 31, 2012

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H. A person may develop different practices not contai ned in subsections (E), (F), or (G) that reduce PM 10 . A person may submit practices that are proven effective through on- farm
demonstration trials to the Director. The Director shall review the submitted practices.

I. A commercial farmer shall maintain records demonstr ating compliance with this Section. The commercial farmer shall provide the records to the Director within two busi ness days of

written notice to the commercial farmer. The record s shall
contain: 1. The name of the commercial farmer, 2. The mailing address or physical location of the c ommercial farm, and 3. The best management practices selected for tillag e and harvest, noncropland, and cropland by the commercia l farmer, and the date each best management practice was implemented.

Historical ote New Section made by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2).

R18-2-614. Evaluation of onpoint Source Emissions Opacity of an emission from any nonpoint source sha ll not be greater than 40% measured according to the Arizona Testing Manual, Reference Method 9. An open fire permitted und er R18-2-602 or regulated under Article 15 is exempt from this r equirement.

Historical ote Section R18-2-614 renumbered from R18-2-612; amended by final rulemaking at 11 A.A.R. 2210, effe ctive July 18, 2005 (Supp. 05-2).

ARTICLE 7. EXISTIG STATIOARY SOURCE

PERFORMACE STADARDS

R18-2-701. Definitions For purposes of this Article:
1. “Acid mist” means sulfuric acid mist as measured in the Arizona Testing Manual and 40 CFR 60, Appendix A. 2. “Architectural coating” means a coating used comm ercially or industrially for residential, commercial or industrial buildings and their appurtenances, structuralsteel, and other fabrications such as storage tanks, bridg es, beams and girders. 3. “Asphalt concrete plant” means any facility used to manufacture asphalt concrete by heating and drying agg regate and mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce as phalt into the dryer, which employ two or more of the fol lowing processes: a. A dryer. b. Systems for screening, handling, storing, and wei ghing hot aggregate. c. Systems for loading, transferring, and storing mi neral filler. d. Systems for mixing asphalt concrete. e. The loading, transferring, and storage systems as sociated with emission control systems. 4. “Black liquor” means waste liquor from the brown stock washer and spent cooking liquor which have been con

centrated in the multiple-effect evaporator system.
5. “Boiler” means an enclosed fossil- or other fuel- fired combustion device used to produce heat and to trans fer heat to recirculating water, steam, or other medium

. 6. “Bottoming-cycle cogeneration unit” means a cogen eration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production. 7. “Calcine” means the solid materials produced by a lime plant. 8. “Coal” means any solid fuel classified as anthrac ite, bituminous, subbituminous, or lignite by the ASTM Stand ard Specification for Classification of Coals by Rank D 388- 77, 90, 91, 95, or 98a. 9. “Coal-derived fuel” means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanica l, thermal or chemical processing of coal. 10. “Coal-fired” means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year. 11. “Cogeneration unit” means a stationary coal-fire d boiler or stationary coal-fired combustion turbine: a. Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and b. Producing during the 12-month period starting on the date the unit first produces electricity and du ring any calendar year after which the unit first produc es electricity: i. For a topping-cycle cogeneration unit: useful thermal energy not less than five percent of total energy output; and useful power that,
when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output;
and ii. For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input.

12. “Combustion turbine” means: a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combus

tor passes through the turbine, rotating the turbin e; and b. If the enclosed device under subsection (a) is co mbined cycle, any associated heat recovery steam gen

erator and steam turbine. 13. “Commercial operation” means the time when the o wner or operator supplies electricity for sale or use, i ncluding test generation. 14. “Concentrate” means enriched copper ore recovere d from the froth flotation process. 15. “Concentrate dryer” means any facility in which a copper sulfide ore concentrate charge is heated in the pre sence of air to eliminate a portion of the moisture from the charge, provided less than five percent of the sulfur conta ined in the charge is eliminated in the facility. 16. “Concentrate roaster” means any facility in whic h a copper sulfide ore concentrate is heated in the presen ce of air to eliminate five percent or more of the sulfur con tained in the charge. 17. “Condensate stripper system” means a column, andassociated condensers, used to strip, with air or steam , TRScompounds from condensate streams from various processes within a kraft pulp mill.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 79 Supp. 12-1 18. “Control device” means the air pollution control equipment used to remove particulate matter or gases gen erated by a process source from the effluent gas stre am. 19. “Converter” means any vessel to which copper matte is charged and oxidized to copper. 20. “Electric generating plant” means all electric g enerating units located at a stationary source. 21. “Electric generating unit” means: a. A stationary, coal-fired boiler or stationary coa lfired combustion turbine, other than a boiler or turbine that qualifies as a cogeneration unit, serving at any time since the start-up of a unit’s combustion chamber a generator with nameplate capacity ofmore than 25 megawatts electric producing electricity for sale. If a unit qualifies as a cogenerationunit during the 12-month period starting the date the un it first produces electricity but subsequently no long er qualifies as a cogeneration unit, the unit shall be an electric generating unit on the day which the unit no longer qualifies as a cogeneration unit. b. A cogeneration unit serving at any time a generat or with nameplate capacity of more than 25 megawattsand supplying in any calendar year more than onethird of the unit’s potential electric output capac ity or 219,000 megawatt-hours, whichever is greater, to any utility power distribution system for sale. 22. “Existing electric generating plant” means all e lectric generating units located at a stationary source dur ing a control period other than units that have not been allocated allowances to emit mercury pursuant to 40 CFR § 60.4142(b) for that control period. 23. “Facility” means an identifiable piece of statio nary process equipment along with all associated air pollut ion equipment. 24. “Fugitive dust” means fugitive emissions of part iculate

matter. 25. “High sulfur oil” means fuel oil containing 0.90 % or more by weight of sulfur. 26. “Incremental best available control technology” means an emission limitation based on the maximum degree of additional reductions, if any, in mercury beyond th ose achieved by existing controls installed under R18-2

- 724(F), taking into account incremental energy, env ironmental, and economic impacts, market prices of merc ury allowances, balance of plant impacts, and other inc remental costs, determined by the Director to be achi evable and to be compatible with existing control technolo gy installed at the electric generating unit. Incremental best available control technology shall be determined ona case-by-case basis and shall not be more stringent than the limits in R18-2-734(B). 27. “Inlet mercury” means the average concentration of mercury in the coal burned at an electric generating unit, as determined by ASTM methods, EPA-approved methods or alternative methods approved by the Director.
28. “Lime kiln” means a unit used to calcinate lime rock or kraft pulp mill lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium ox ide. 29. “Low sulfur oil” means fuel oil containing less than 0.90% by weight of sulfur. 30. “Matte” means a metallic sulfide made by smeltin g copper sulfide ore concentrate or the roasted product of copper sulfide ores. 31. “Mercury” means mercury or mercury compounds in either a gaseous or particulate form. 32. “Miscellaneous metal parts and products” for pur poses of industrial coating include all of the following: a. Large farm machinery, such as harvesting, fertili zing and planting machines, tractors, and combines; b. “Small farm machinery, such as lawn and garden tractors, lawn mowers, and rototillers; c. Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers, and vacuum cleaners; d. Commercial machinery, such as office equipment, computers and auxiliary equipment, typewriters, cal

culators, and vending machines; e. Industrial machinery, such as pumps, compressors,conveyor components, fans, blowers, and transformers; f. Fabricated metal products, such as metal-covered doors and frames; g. Any other industrial category which coats metal parts or products under the Code in the “Standard Industrial Classification Manual, 1987” of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35(non-electric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportationequipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries), except all of the following: i. Automobiles and light-duty trucks; ii. Metal cans; iii. Flat metal sheets and strips in the form of rol ls or coils; iv. Magnet wire for use in electrical machinery; v. Metal furniture; vi. Large appliances; vii. Exterior of airplanes; viii. Automobile refinishing; ix. Customized top coating of automobiles and trucks, if production is less than 35 vehicles per day;

x. Exterior of marine vessels. 33. “Multiple-effect evaporator system” means the mu ltipleeffect evaporators and associated condenser and hotwell used to concentrate the spent cooking liquid that i s separated from the pulp. 34. “Nameplate capacity” means, starting from the in itial installation of a generator, the maximum electrical generating output (in megawatts) that an electric generating unit is capable of producing on a steady-state basi s during continuous operation as specified by the manufactur er. 35. “Neutral sulfite semichemical pulping” means anyoperation in which pulp is produced from wood by cookingor digesting wood chips in a solution of sodium sulfit e and sodium bicarbonate, followed by mechanical defibrat ing or grinding. 36. “Petroleum liquids” means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Number 2 throu gh Number 6 fuel oils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oil s Numbers 2-GT through 4-GT as specified in ASTM D-2880- 90a (Specification for Gas Turbine Fuel Oils), or d iesel fuel oils Numbers 2-D and 4-D as specified in ASTM D975-90 (Specification for Diesel Fuel Oils). 37. “Potential electric output capacity” means 33 pe rcent of a unit’s maximum design heat input, divided by 3,413 Btu per kilowatt-hour, divided by 1,000 kilowatt-hours/ per megawatt-hour, and multiplied by 8,760 hours per ye ar.Supp. 12-1 Page 80 March 31, 2012

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38. “Process source” means the last operation or pro cess which produces an air contaminant resulting from ei ther: a. The separation of the air contaminants from the p rocess material, or b. The conversion of constituents of the process mat erials into air contaminants which is not an air pol lution abatement operation. 39. “Process weight” means the total weight of all m aterials introduced into a process source, including fuels, where these contribute to pollution generated by the proc ess. 40. “Process weight rate” means a rate established p ursuant to R18-2-702(E). 41. “Recovery furnace” means the unit, including the directcontact evaporator for a conventional furnace, used for burning black liquor to recover chemicals consistin g primarily of sodium carbonate and sodium sulfide. 42. “Reid vapor pressure” means the absolute vapor p ressure of volatile crude oil and volatile non-viscous petr oleum liquids, except liquified petroleum gases, as determined by ASTM D-323-90 (Test Method for Vapor Pressure of Petroleum Products) (Reid Method). 43. “Reverbatory smelting furnace” means any vessel in which the smelting of copper sulfide ore concentrat es or calcines is performed and in which the heat necessary for smelting is provided primarily by combustion of a f ossil
fuel. 44. “Rotary lime kiln” means a unit with an included rotary drum which is used to produce a lime product from l imestone by calcination. 45. “Slag” means fused and vitrified matter separate d during
the reduction of a metal from its ore. 46. “Smelt dissolving tank” means a vessel used for dissolving the smelt collected from the kraft mill recovery furnace. 47. “Smelter feed” means all materials utilized in the operation of a copper smelter, including metals or conce ntrates, fuels and chemical reagents, calculated as the aggr egate sulfur content of all fuels and other feed material s whose products of combustion and gaseous by-products are emitted to the atmosphere. 48. “Smelting” means processing techniques for the s melting of a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten s lag, molten copper, or copper matte. 49. “Smelting furnace” means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smeltingis provided by an electric current, rapid oxidation ofa portion of the sulfur contained in the concentrate as it passes through an oxidizing atmosphere, or the combustion of a

fossil fuel. 50. “Standard conditions” means a temperature of 293 K (68°F or 20°C) and a pressure of 101.3 kilopascals (29.92 in. Hg or 1013.25 mb). 51. “Supplementary control system” (SCS) means a sys tem by which sulfur dioxide emissions are curtailed dur ing periods when meteorological conditions conducive to ground-level concentrations in excess of ambient ai r quality standards for sulfur dioxide either exist o r are anticipated. 52. “Topping-cycle cogeneration unit” means a cogene ration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity produc tion is then used to provide useful thermal energy. 53. “Total energy output” means, with regard to a co generation unit, the sum of useful power and useful therm al energy produced by the cogeneration unit. 54. “Vapor pressure” means the pressure exerted by the gaseous form of a substance in equilibrium with its li quid or

solid form.

Historical ote Former Section R18-2-701 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-701 renumbered from R18-2-501 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 0 6-4).

R18-2-702. General Provisions

A. The provisions of this Article shall only apply to a source that is all of the following: 1. An existing source, as defined in R18-2-101; 2. A point source. For the purposes of this Section, “point
source” means a source of air contaminants that has an identifiable plume or emissions point; and 3. A stationary source, as defined in R18-2-101.

B. Except as otherwise provided in this Chapter relati ng to specific types of sources, the opacity of any plume or effluent, from a source described in subsection (A), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be:
1. Greater than 20% in an area that is nonattainment or maintenance for any particulate matter standard, un less an alternative opacity limit is approved by the Dir ector and the Administrator as provided in subsections (D ) and (E), after February 2, 2004;
2. Greater than 40% in an area that is attainment orunclassifiable for each particulate matter standard; and 3. After April 23, 2006, greater than 20% in any are a that is attainment or unclassifiable for each particulate m atter standard except as provided in subsections (D) and (E).

C. If the presence of uncombined water is the only rea son for an exceedance of any visible emissions requirement in this Article, the exceedance shall not constitute a violatio n of the applicable opacity limit.

D. A person owning or operating a source may petition the Director for an alternative applicable opacity limit. Th e petition shall be submitted to ADEQ by May 15, 2004. 1. The petition shall contain: a. Documentation that the affected facility and any associated air pollution control equipment are inca

pable of being adjusted or operated to meet the applicable opacity standard. This includes: i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests; ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized controltechnology that is reasonably available considering technical and economic feasibility; and iii. An explanation why the source cannot meet thepresent opacity limit although it is in compliance with the applicable particulate mass emission rule. b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts i n40 CFR 60 and in Appendix B, Performance Specification 1. c. A verification by a responsible official of the s ource of the truth, accuracy, and completeness of the pet ition. This certification shall state that, based onArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 81 Supp. 12-1

information and belief formed after reasonable inquiry, the statements and information in the docu

ment are true, accurate, and complete. 2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petit ion shall

also include:
a. Documentation that the source conducted concurrent EPA Reference Method stack testing and visible emissions readings or is utilizing a continuous opa city monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least 10% below that limit. For multipl e units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing of each unit. Each control device shall be in good ope rating condition and operated consistent with good practices for minimizing emissions.
b. Evidence that the source conducted the stack test saccording to R18-2-312, and that they were witnessed by the Director or the Director’s agent or r epresentative. c. Evidence that the affected facility and any assoc iated air pollution control equipment were operated and maintained to the maximum extent practicable to minimize the opacity of emissions during the
stack tests. 3. If the source for which the alternative opacity s tandard is being applied is located in a nonattainment area, the petitioner shall include all the information listed in subsections (D)(1) and (D)(2), and in addition: a. In subsection (D)(1)(a)(ii), the detailed stateme nt or report shall demonstrate that the alternative opaci ty limit fulfills the Clean Air Act requirement for re asonably available control technology; and b. In subsection (D)(2)(b), the stack tests shall be conducted with an opportunity for the Administrator or the Administrator’s agent or representative to be
present.
E. If the Director receives a petition under subsectio n (D) the Director shall approve or deny the petition as prov ided below by October 15, 2004: 1. If the petition is approved under subsection (D)( 1) or (D)(2), the Director shall include an alternative o pacity limit in a proposed significant permit revision for the source under R18-2-320 and R18-2-330. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from

, testing, except that an alternative opacity limit u nder this Section shall not be greater than 40%. For multiple units that are normally operated together and whose emiss ions vent through a single stack, any new alternative op acity limit shall reflect the opacity level at the common stack exit, and not individual in-duct opacity levels. 2. If the petition is approved under subsection (D)( 3), the Director shall include an alternative opacity limit in a proposed revision to the applicable implementation plan, and submit the proposed revision to EPA for review and approval. The proposed alternative opacity limit sh all be set at a value that has been demonstrated during, and not extrapolated from, testing, except that the alterna tive opacity limit shall not be greater than 40%. 3. If the petition is denied, the source shall eithe r comply with the 20% opacity limit or apply for a significant permit revision to incorporate a compliance schedule under R18-2-309(5)(c)(iii) by April 23, 2006. 4. A source does not have to petition for an alternative opacity limit under subsection (D) to enter into a revi sed compliance schedule under R18-2-309(5)(c).

F. The Director, Administrator, source owner or operat or, inspector or other interested party shall determine the p rocess weight rate, as used in this Article, as follows: 1. For continuous or long run, steady-state process sources, the process weight rate is the total process weight for the entire period of continuous operation, or for a typ ical portion of that period, divided by the number of hours of the period, or portion of hours of that period. 2. For cyclical or batch process sources, the proces s weight rate is the total process weight for a period which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation du ring the period.

Historical ote Former Section R18-2-702 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-702 renumbered from R18-2-502 and amended effective November 15, 1993 (Supp. 93-4). Amended by exempt rulemakingat 9 A.A.R. 5550, effective February 3, 2004 (Supp. 03 -4).

R18-2-703. Standards of Performance for Existing Fos sil-fuel Fired Steam Generators and General Fuel-burning Equ ipment

A. This Section applies to the following: 1. Installations in which fuel is burned for the pri mary purpose of producing power, steam, hot water, hot air or other liquids, gases or solids and in the course of doing so the products of combustion do not come into direct contact with process materials. When any products or b yproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the s ame maximum emission limitation shall apply, except for wood waste burners as regulated under R18-2-704. 2. All fossil-fuel fired steam generating units or g eneral fuel burning equipment which are greater than or equal t o 73 megawatts capacity.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of co mbustion pass through a stack or other outlet. The heat cont ent of solid
fuel shall be determined in accordance with R18-2-3 11. Compliance tests shall be conducted during operation a t the nominal rated capacity of each unit.

C. No person shall cause, allow or permit the emissionof particulate matter in excess of the amounts calculated by one of the following equations: 1. For equipment having a heat input rate of 4200 mi llion Btu per hour or less, the maximum allowable emissio ns shall be determined by the following equation: E = 1.02Q 0.769

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. Q = the heat input in million Btu per hour. 2. For equipment having a heat input rate greater th an 4200 million Btu per hour, the maximum allowable emissio ns shall be determined by the following equation: E = 17.0Q 0.432
where “E” and “Q” have the same meaning as in subsection (C)(1).

D. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

E. When low sulfur oil is fired:Supp. 12-1 Page 82 March 31, 2012

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1. Existing fuel-burning equipment or steam-power ge nerating installations which commenced construction or a major modification prior to May 30, 1972, shall not emitmore than 1.0 pounds sulfur dioxide maximum threehour average, per million Btu (430 nanograms per jo ule) heat input. 2. Existing fuel-burning equipment or steam-power ge nerating installations which commenced construction or a major modification after May 30, 1972, shall not em it more than 0.80 pounds of sulfur dioxide maximum thr eehour average per million Btu (340 nanograms per jou le) heat input.

F. When high sulfur oil is fired, all existing steam-p ower generating and general fuel-burning installations which ar e subject to the provisions of this Section shall not emit more than 2.2 pounds of sulfur dioxide maximum three-hour average per million Btu (946 nanograms per joule) heat input.

G. When solid fuel is fired: 1. Existing general fuel-burning equipment and steam

power generating installations which commenced construction or a major modification prior to May 30, 1972, shall not emit more than 1.0 pounds of sulfur dioxi de maximum three-hour average, per million Btu (430 nanograms per joule) heat input. 2. Existing general fuel-burning equipment and steam

power generating installations which commenced construction or a major modification after May 30, 197 2, shall not emit more than 0.80 pounds of sulfur diox ide, maximum three-hour average, per million Btu (340 nanograms per joule) heat input.

H. Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil bythe permittee, unless the applicant demonstrates to the satis faction of the Director that sufficient quantities of low sulfur o il are not available for use by the source and that it has ade quate facilities and contingency plans to ensure that the sulfur dioxide ambient air quality standards set forth in R18-2-20 2 will not be

violated. 1. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified. 2. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Department monthly reports detailing its efforts to obtain low sulfur oil. 3. When the conditions justifying the use of high su lfur oil no longer exists, the permit shall be modified acco rdingly. 4. Nothing in this Section shall be construed as all owing the use of a supplementary control system or other formof dispersion technology.

I. Existing steam-power generating installations whichcommenced construction or a major modification after M ay 30, 1972, shall not emit nitrogen oxides in excess of the following

amounts: 1. 0.20 pounds of nitrogen oxides, maximum three-hour average, calculated as nitrogen dioxide, per millio n Btu heat input when gaseous fossil fuel is fired. 2. 0.30 pounds of nitrogen oxides, maximum three-hour average, calculated as nitrogen dioxide, per millio n Btu heat input when liquid fossil fuel is fired. 3. 0.70 pounds of nitrogen oxides, maximum three-hour average, calculated as nitrogen dioxide, per millio n Btu heat input when solid fossil fuel is fired.

J. Emission and fuel monitoring systems, where deemed necessary by the Director for sources subject to the pro visions of this Section shall, conform to the requirements of R18-2-313. K. The applicable reference methods given in the Appen dices to 40 CFR 60 shall be used to determine compliance with the standards as prescribed in subsections (C) through (G) and (I). All tests shall be run at the heat input calculatedunder subsection (B).

Historical ote Former Section R18-2-703 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-703 renumbered from R18-2-503 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07- 2). Amended by final rulemaking at 15 A.A.R. 281, effec tive

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

R18-2-704. Standards of Performance for Incinerators

A. No person shall cause, allow or permit to be emitte d into the atmosphere, from any type of incinerator, smoke, fumes, gases, particulate matter or other gas-borne materi al which exceeds 20% opacity except during the times specifi ed in subsection (D).

B. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any incinerator, in excess of the following limits: 1. For multiple chamber incinerators, controlled atm osphere 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 dioxid e. 2. For wood waste burners other than air curtain des tructors, emissions discharged from the stack or burner top o pening shall not exceed 0.2 grain per cubic foot, base d on dry flue gas at standard conditions, corrected to 12% c arbon

dioxide.

C. Air curtain destructors shall not be used within 50 0 feet of the nearest dwelling.

D. Incinerators shall be exempt from the opacity and e mission requirements described in subsections (A) and (B) a s follows: 1. For multiple chamber incinerators, controlled atm osphere incinerators, fume incinerators, afterburner s 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 ofbuilding 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 chargi ng rates and hours of operation.

F. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A, s hall 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 exce ss air, using the integrated sampling technique. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the minimum sample volume shal l be 0.85 dscm (30.0 dscf) except that smaller sampli ng times or sample volumes, when necessitated by proce ssArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 83 Supp. 12-1 variables or other factors, may be approved by the Director.

Historical ote Former Section R18-2-704 repealed effective Septemb er26, 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).

R18-2-705. Standards of Performance for Existing Por tland

Cement Plants

A. The provisions of this Section are applicable to th e following affected facilities in portland cement plants: kiln , clinker cooler, raw mill system, finish mill system, raw mi ll dryer, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems.

B. No person shall cause, allow or permit the discharg e of particulate matter from any identifiable process source w ithin any existing cement plant subject to the provisions of this Section which exceeds the amounts calculated by one of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (B)(1).

C. No process source within any portland cement plant shall exceed 20% opacity.

D. No person shall cause, allow or permit discharge into the atmosphere of an amount in excess of 6 pounds of su lfur oxides, calculated as sulfur dioxide, per ton cemen t kiln feed from cement plants subject to the provisions of thi s Section.

E. The owner or operator of any portland cement plant subject to the provisions of this Section shall record the dai ly production
rates and the kiln feed rates.

F. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A, except as provided for in R18-2-312 shall be used t o 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. 2. For Method 5, the minimum sampling time and minimum sample volume for each run except when process vari

ables or other factors justifying otherwise to the satisfaction of the Director, shall be as follows: a. 60 minutes and 0.85 dscm (30.0 dscf) for the kiln

, b. 60 minutes and 1.15 dscm (40.6 dscf) for the clinker
cooler. 3. Total kiln feed rate, except fuels, expressed in metric tons per hour on a dry basis, shall be both: a. Determined during each testing period by suitable methods; and b. Confirmed by a material balance over the producti on system. 4. For each run, particulate matter emissions, expre ssed in g/metric ton of kiln feed, shall be determined by d ividing the emission rate in g/hr by the kiln feed rate. Th e emission rate shall be determined by the equation, g/hr = Qs x c, where Qs = volumetric flow rate of the total eff luent in

dscm/hr as determined in accordance with subsection (F)(1)(c), and c = particulate concentration in g/d scm as determined in accordance with subsection (F)(1)(a).

Historical ote Former Section R18-2-705 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-705 renumbered from R18-2-505 effective November 15, 1993

(Supp. 93-4).

R18-2-706. Standards of Performance for Existing it ric

Acid Plants

A. No person shall cause, allow or permit discharge from any nitric acid plant producing weak nitric acid, which is either: 1. 30 to 70% in strength by either the increased pre ssure or atmospheric pressure process, or 2. More than 1.5 kg of total oxides of nitrogen per metric ton (3.0 lbs/ton) of acid produced expressed as nit rogen dioxide.

B. The opacity of any plume subject to the provisions of this Section shall not exceed 10%.

C. A continuous monitoring system for the measurement of nitrogen oxides shall be installed, calibrated, maintain ed and operated by the owner or operator, in accordance with S ection

R18-2-313.

D. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A sh all be used to determine compliance with the standard p rescribed in subsection (A) as follows: a. Method 7 for the concentration of NOx; b. Method 1 for sample and velocity traverses; c. Method 2 for velocity and volumetric flow rate; d. Method 3 for gas analysis. 2. For Method 7, the sample site shall be selected a ccording to Method 1 and the sampling point shall be the centroid of the stack or duct or at a point no closer to the walls than 1 m (3.28 ft.). Each run shall consist of at l east four grab samples taken at approximately 15-minute inter vals. The arithmetic mean of the samples shall constitute the run value. A velocity traverse shall be performed o nce

per run. 3. Acid production rate, expressed in metric tons pe r hour of 100% nitric acid, shall be both: a. Determined during each testing period by suitable methods, and b. Confirmed by a material balance over the producti on system. 4. For each run, nitrogen oxides, expressed in g/metric ton of 100% nitric acid, shall be determined by dividin g the emission rate in g/hr by the acid production rate. The emission rate shall be determined by the equation: g/hr = Q
s x c where Q
s = volumetric flow rate of the effluent indscm/hr, as determined in accordance with subsection (D)(1)(c), and c = NOx concentration in g/dscm

,Supp. 12-1 Page 84 March 31, 2012

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as determined in accordance with subsection (D)(1)(a).

Historical ote Former Section R18-2-706 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-706 renumbered from R18-2-506 effective November 15, 1993

(Supp. 93-4).

R18-2-707. Standards of Performance for Existing Sul furic

Acid Plants

A. Facilities that produce sulfuric acid by the contac t process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfide and mercaptans or acid sludge shall not discharge into the atmosphere: 1. Greater than 2 kg of sulfur dioxide per metric to n (4 lbs/ ton) of sulfuric acid produced (calculated as 100%

H 2 SO 4 ), or 2. Greater than 0.075 kg of sulfuric acid mist per m etric ton (0.15 lbs/ton) or sulfuric acid produced (calculate d as

100% H 2 SO 4 ).

B. This Section shall not apply to metallurgical plant s or other
facilities where conversion to sulfuric acid is uti lized as a means of controlling emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

C. A continuous monitoring system for the measurement of sulfur dioxide shall be installed, calibrated, maintained and operated by the owner or operator, in accordance with R18-2- 313.

D. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A sh allbe used to determine compliance with standards prescribed in subsection (A) as follows:

a. Method 8 for concentration of SO 2 and acid mist; b. Method 1 for sample and velocity traverses; c. Method 2 for velocity and volumetric flow rate; d. Method 3 for gas analysis.
2. The moisture content can be considered to be zero . For Method 8 the sampling time for each run shall be at least 60 minutes and the minimum sample volume shall be 1.15 dscm (40.6 dscf) except that smaller sampling times or sample volumes, when necessitated by process var iables or other factors, may be approved by the Dire ctor. 3. Acid production rate, expressed in metric tons pe r hour of

100% H 2 SO 4 , shall be both: a. Determined during each testing period by suitable methods, and b. Confirmed by a material balance over the producti on system. 4. Acid mist and sulfur dioxide emissions, expressed in g/
metric ton of 100% H 2 SO 4 , shall be determined by dividing the emission rate in g/hr by the acid productio n rate. The emission rate shall be determined by the equati on, g/ hr-Q
s x c, where Q
s = volumetric flow rate of the effluent

in dscm/hr as determined in accordance with subsect ion (D)(1)(c), and c = acid mist and SO 2 concentrations in g/
dscm as determined in accordance with subsection (D)(1)(a).

Historical ote Former Section R18-2-707 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-707 renumbered from R18-2-507 effective November 15, 1993

(Supp. 93-4). R18-2-708. Standards of Performance for Existing Asp halt

Concrete Plants

A. Fixed asphalt concrete plants and portable asphalt concrete plants shall meet the standards set forth in this S ection.

B. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any existing asphalt concrete plant in total quantities in excess of the amounts calculated by one of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emission rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

D. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
E. Liquid fuel containing greater than 0.9% sulfur by weight shall not be utilized for asphalt concrete plants subjectto this Section.

F. Solid fuel containing greater than 0.5% sulfur by w eight shall not be utilized for asphalt concrete plants subjectto this Section.

G. The test methods and procedures required under this Section

are: 1. The referenced methods given in 40 CFR 60, Append ix A, as incorporated by reference in Appendix 2 of th is Chapter, shall be used to determine compliance with the standards prescribed in subsection (B). 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. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min) except that shorter samplin g times, when necessitated by process variables or other factors, may be approved by the Director. 3. Percent sulfur in liquid fuel shall be determined by ASTM method D-129-91 (Test Method for Sulfur in Petroleum Products) (General Bomb Method), and the percent sulfur in solid fuel shall be determined by ASTM method D-3177-89 (Test Method for Total Sulfur in the Analysis Sample of Coal and Coke).

Historical ote Former Section R18-2-708 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-708 renumbered from R18-2-508 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1)

.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 85 Supp. 12-1 R18-2-709. Standards of Performance for Existing Pet roleum Refineries

A. The provisions of this Section are applicable to th e following affected facilities in petroleum refineries: fluid catalytic cracking unit catalyst regenerators, fluid catalytic cra cking unit incinerator-waste heat boilers, and fuel gas combus tion
devices.

B. Except as provided in subsection (G), all petroleumrefineries subject to this Section are also subject to the pro visions of R18-2-901(12).

C. The owner or operator of a petroleum refinery compl ex subject to this Section shall develop and conduct a leak mo nitoring program in accordance with Appendix H of the EPA Pe troleum Refinery Enforcement Manual (EPA 340/1-80-008)

, amended as of March 1980 (and no future editions), which is incorporated herein by reference and on file with the Office of the Secretary of State.

D. Upon detection of a leaking component, which has a volatile organic compound concentration exceeding 10,000 ppm when tested in the manner described in 40 CFR 60, Append ix A, the

owner shall both: 1. Include the leaking component on a written list o f scheduled repairs within 24 hours; and 2. Repair and retest the component within 15 days.

E. Except for safety pressure relief valves, no owner or operator of a petroleum refinery shall install a valve at th e end of a pipe or line containing volatile organic compounds unles s the pipe or line is sealed with a second valve, a blind flan ge, a plug, or a cap. The sealing device may be removed only when the line is in use, as when a sample is being taken.

F. No owner or operator of a petroleum refinery shall operate a pipeline valve or pressure relief valve in gaseous volatile organic compound service unless it is marked in som e manner that is clearly visible.

G. Existing petroleum refineries of a capacity of 7,00 0 barrels per day or less shall be exempt from the emissions moni toring requirements of 40 CFR 60.105 provided the owner oroperator of such a refinery complies with all of the fol lowing: 1. All process gases or fuel gases shall be treated in an afterburner, flare or other combustion device to ensure complete combustion of carbon monoxide, hydrogen sulfi de, and unburned hydrocarbons.
2. Ambient concentrations of SO 2 in the vicinity of the refinery shall be calculated using a suitable model approved by the Director and shall not exceed the C lass II maximum allowable increases given in R18-2-218.
3. A continuous SO 2 ambient air monitor approved by the Director shall be placed in a location selected by the
Director and shall be maintained in accordance with R18- 2-215, and SO 2 concentrations shall not exceed Class II

maximum allowable increases.

Historical ote Former Section R18-2-709 repealed effective Septemb er26, 1990 (Supp. 90-3). New Section R18-2-709 renumbered from R18-2-509 and amended effective November

15, 1993 (Supp. 93-4).

R18-2-710. Standards of Performance for Existing Sto rage Vessels for Petroleum Liquids

A. No person shall place, store or hold in any reservo ir, stationary tank or other container having a capacity of 40,000 (151,400 liters) or more gallons any petroleum liquid havinga vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions, unless such tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is equipped with one of the following vapor loss control devices, properly installed, in good working order and in operation: 1. A floating roof consisting of a pontoon type doub le-deck type roof resting on the surface of the liquid cont ents and equipped with a closure seal to close the space between the roof eave and tank wall and a vapor balloon or vapor dome, designed in accordance with accepted standard s of the petroleum industry. The control equipment shall not be used if the petroleum liquid has a vapor pressur e of 12 pounds per square inch absolute or greater under ac tual storage conditions. a. All tank gauging and sampling devices shall be ga stight except when gauging or sampling is taking place. b. There shall be no visible holes, tears, or other openings in the seal or any seal fabric. Where applicab le, all openings except drains shall be equipped with a cover, seal, or lid. The cover, seal, or lid shall be in a closed position at all times, except when the devic e is in actual use.
c. Automatic bleeder vents shall be closed at all ti mes, except when the roof is floated off or landed on th e roof leg supports. d. Rim vents, if provided, shall be set to open whenthe roof is being floated off the roof leg supports, or at the manufacturer’s recommended setting. 2. Other equipment proven to be of equal efficiency for preventing discharge of hydrocarbon gases and vapors t o the atmosphere.

B. Any other petroleum liquid storage tank shall be eq uipped with a submerged filling device, or acceptable equi valent, for the control of hydrocarbon emissions.

C. All facilities for dock loading of petroleum produc ts, having a vapor pressure of 1.5 pounds per square inch absolu te or greater at loading pressure, shall provide for subm erged filling or acceptable equivalent for control of hydrocarbon emissions.

D. All pumps and compressors which handle volatile org anic compounds shall be equipped with mechanical seals o r other equipment of equal efficiency to prevent the releas e of organic contaminants into the atmosphere.

E. The monitoring of operations required by this Secti on is as follows: 1. The owner or operator of any petroleum liquid sto rage vessel to which this Section applies shall for eachsuch storage vessel maintain a file of each type of petr oleum liquid stored, of the typical Reid vapor pressure o f each type of petroleum liquid stored and of dates of sto rage. Dates on which the storage vessel is empty shall be
shown. 2. The owner or operator of any petroleum liquid sto rage vessel to which this Section applies shall for such storage vessel determine and record the average monthly sto rage temperature and true vapor pressure of the petroleum liquid stored at such temperature if either: a. The petroleum liquid has a true vapor pressure, a s stored, greater than 26 mm Hg (0.5 psia) but less than 78 mm Hg (1.5 psia) and is stored in a storage vessel other than one equipped with a floating roof

, a vapor recovery system or their equivalents; or b. The petroleum liquid has a true vapor pressure, a s stored, greater than 470 mm Hg (9.1 psia) and is stored in a storage vessel other than one equipped with a vapor recovery system or its equivalent. 3. The average monthly storage temperature shall be an arithmetic average calculated for each calendar month, orSupp. 12-1 Page 86 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

portion thereof, if storage is for less than a month, from bulk liquid storage temperatures determined at leas t once every seven days. 4. The true vapor pressure shall be determined by th e procedures in American Petroleum Institute Bulletin 2517

, amended as of February 1980 (and no future editions ), which is incorporated herein by reference and on fi le with the Office of the Secretary of State. This procedur e is dependent upon determination of the storage temperature and the Reid vapor pressure, which requires samplin g of the petroleum liquids in the storage vessels. Unles s the Director requires in specific cases that the storedpetroleum liquid be sampled, the true vapor pressure may be determined by using the average monthly storage temperature and the typical Reid vapor pressure. For thos e liquids for which certified specifications limiting th e Reid vapor pressure exist, the Reid vapor pressure may b e used. For other liquids, supporting analytical datamust be made available upon request to the Director when ty pical Reid vapor pressure is used.

Historical ote
Section R18-2-710 renumbered from R18-2-510 effecti ve

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

R18-2-711. Standards of Performance for Existing Sec ondary Lead Smelters

A. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any existing secondary lead smelter in total quantities in excess of the amounts calculated by one of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum, allowable emission rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

C. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
D. The opacity of emissions subject to the provisions of this Section shall not exceed 20%.

E. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods set forth in 40 CFR 60, App endix A, as incorporated by reference in Appendix 2 of th is Chapter, shall be used to determine compliance with the standards prescribed in subsection (A) 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. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min), except that shorter sampli ng times, when necessitated by process variables or other factors, may be approved by the Director. Particulate sampling shall be conducted during representative p eriods of furnace operation including charging and tap ping.

Historical ote
Section R18-2-711 renumbered from R18-2-511 effecti ve November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-712. Standards of Performance for Existing Sec ondary Brass and Bronze Ingot Production Plants

A. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any secondary brass or bronze ingot production plant in to tal quantities in excess of the amount calculated by on e of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

C. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
D. The opacity of emissions subject to the provisions of this Section shall not exceed 20%.

E. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods set forth in 40 CFR 60, App endix A, as incorporated by reference in Appendix 2 of th is Chapter, shall be used to determine compliance with the standards prescribed in subsection (A) 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. 2. For Method 5, the sampling time for each run shal l be at least 120 minutes and the sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min), except that shorter sa mpling times, when necessitated by process variables or other factors, may be approved by the Director. Particula te matter sampling shall be conducted during representati ve periods of charging and refining but not during pouring of

the heat.

Historical ote
Section R18-2-712 renumbered from R18-2-512 effecti ve November 15, 1993 (Supp. 93-4). Amended by final ru le-Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 87 Supp. 12-1 making at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-713. Standards of Performance for Existing Iro n and

Steel Plants

A. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any basic oxygen process furnace in total quantities inexcess of the amount calculated by one of the following equat ions: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

C. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
D. The opacity of emissions subject to the provisions of this Section shall not exceed 20%.

E. Monitoring of operations under this Section is as f ollows: 1. The owner or operator of an affected facility sha ll maintain daily records of the time and duration of each steel production cycle. 2. The owner or operator of any affected facility th at uses Venturi scrubber emission control equipment shall i nstall, calibrate, maintain and continuously operate the fo llowing monitoring devices:a. A monitoring device for the continuous measurement of the pressure loss through the Venturi constriction of the control equipment. The monitoring device shall be certified by the manufacturer to be
accurate within±250 pascals ( ± 1 inch water).b. A monitoring device for the continuous measurement of the water supply pressure to the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within ± 5% ofthe design water supply pressure. The pressure sensor or tap shall be located close to the water discharge point. 3. All monitoring devices required in subsection (F) (2) shall be recalibrated annually and at other times as the Director may require, in accordance with the procedures in Appendix 9 of this Chapter.

F. The test methods and procedures required under this Section

are as follows: 1. The reference methods set forth in 40 CFR 60, App endix A, as incorporated by reference in Appendix 2 of th is Chapter, shall be used to determine compliance with the standards prescribed in subsection (A) as follows: a. Method 5 for concentration of particulate matter and associated moisture content, b. Method 1 for sample and velocity traverses, c. Method 2 for volumetric flow rate, d. Method 3 for gas analysis. 2. For Method 5, the sampling for each run shall continue for an integral number of cycles with total duratio n of at least 60 minutes. The sampling rate shall be at lea st 0.9 dscm/hr (0.53 dscf/min), except that shorter sampli ng times, when necessitated by process variables or other factors, may be approved by the Director. A cycle s hall start at the beginning of either the scrap preheat or the oxygen blow and shall terminate immediately prior t o tapping.

Historical ote
Section R18-2-713 renumbered from R18-2-513 effecti ve November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-714. Standards of Performance for Existing Sew age Treatment Plants

A. No person shall cause, allow or permit to be emitte d into the atmosphere, from any municipal sewage treatment plant sludge incinerator: 1. Smoke, fumes, gases, particulate matter or other gasborne material which exceeds 20% opacity for more than 30 seconds in any 60-minute period.

2. Particulate matter in concentrations in excess of 0.1 grain per cubic foot, based on dry flue gas at standard c onditions, corrected to 12% carbon dioxide.

B. The owner or operator of any sludge incinerator sub ject to the provisions of this Section shall monitor operations by doing all of the following: 1. Install, calibrate, maintain and operate a flow m easuring device which can be used to determine either the mass or volume of sludge charged to the inciner

ator. The flow measuring device shall have an accuracy of ± 5% over its operating range. 2. Provide access to the sludge charged so that a we llmixed representative grab sample of the sludge can
be obtained. 3. Install, calibrate, maintain and operate a weighi ng device for determining the mass of any municipal solid waste charged to the incinerator when sewage sludge and municipal solid wastes are incineratedtogether. The weighing device shall have an accuracy of ± 5% over its operating range.

C. The test methods and procedures required by this Se ction are

as follows: 1. The reference methods set forth in 40 CFR 60, App endix A shall be used to determine compliance with the st andards prescribed in subsection (A) as follows: a. Method 5 for concentration of particulate matter and associated moisture content; b. Method 1 for sample and velocity traverses; c. Method 2 for volumetric flow rate; and d. Method 3 for gas analysis. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the sampling rate shall be at least 0.015 dscm/min (0.53 dscf/min), except that shortersampling times, when necessitated by process variables or other factors, may be approved by the Director.

Historical ote
Section R18-2-714 renumbered from R18-2-514 effecti ve

November 15, 1993 (Supp. 93-4).Supp. 12-1 Page 88 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

R18-2-715. Standards of Performance for Existing Pri mary Copper Smelters; Site-specific Requirements

A. No owner or operator of a primary copper smelter sh all cause, allow or permit the discharge of particulate matter into the atmosphere from any process in total quantities in excess of the amount calculated by one of the following equat ions: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

C. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate matter for that process.

D. The opacity of emissions subject to the provisions of this Section shall not exceed 20%.

E. The reference methods set forth in the Arizona Test ing Manual and 40 CFR 60, Appendix A, as incorporated by refer ence in Appendix 2 of this Chapter, shall be used to determ ine compliance with the standards prescribed in this Section as follows:
1. Method A1 or Reference Method 5 for concentrationof particulate matter and associated moisture content, 2. Reference Method 1 for sample and velocity traver ses, 3. Reference Method 2 for volumetric flow rate, 4. Reference Method 3 for gas analysis.

F. Except as provided in a consent decree or a delayedcompliance order, the owner or operator of any primary co pper smelter shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from any stack requiredto be monitored by R18-2-715.01(K) in excess of the follo wing: 1. For the copper smelter located near Hayden, Arizo na at latitude 33°0’29”N and longitude 110°47’17” W: a. Annual average emissions, as calculated under R18

- 2-715.01(C), shall not exceed 6,882 pounds per
hour. b. The number of three-hour average emissions, as ca lculated under R18-2-715.01(C), shall not exceed n cumulative occurrences in excess of E, the emissionlevel, shown in the following table in any compliance period as defined in R18-2-715.01(J): 2. For the copper smelter located near Miami, Arizon a at latitude 33°24’50”N and longitude 110°51’25”W: a. Annual average emissions, as calculated under R18

- 2-715.01(C), shall not exceed 604 pounds per hour. b. The number of three-hour average emissions, as ca lculated under R18-2-715.01(C), shall not exceed n cumulative occurrences in excess of E, the emissionlevel, shown in the following table in any compliance period as defined in R18-2-715.01(J):

G. Except as provided in a consent decree or a delayedcompliance order, for the copper smelter located near Hay den, Arin, Cumulative

Occurrences E,

(lb/hr)

0 24,641

1 22,971

2 21,705

4 20,322

7 19,387

12 18,739

20 17,656 32 16,988

48 16,358

68 15,808

94 15,090

130 14,423

180 13,777

245 13,212

330 12,664

435 12,129

560 11,621

710 11,165

890 10,660

1100 10,205

1340 9,748

1610 9,319

1910 8,953

2240 8,556

n, Cumulative

Occurrences E,

(lb/hr)

0 8678

1 7158

2 5903

4 4575

7 4074

12 3479

20 3017

32 2573

48 2111

68 1703

94 1461

130 1274

180 1145

245 1064

330 1015

435 968

560 933

710 896

890 862

1100 828

1340 797

1610 765

1910 739

2240 712Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 89 Supp. 12-1 zona at latitude 33°0’29”N and longitude 110°47’17” W, annual average fugitive emissions calculated under R18-2- 715.01(T) shall not exceed 295 pounds per hour.

H. In addition to the limits in subsection (F)(3), exc ept as provided in a consent decree or a delayed compliance o rder, the owner or operator of the copper smelter located near Miami, Arizona at latitude 33°24’50”N and longitude 110°51 ’25”W shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from combined stack and fugitiv e emissions units in excess of the 2420 pounds per hour annual average calculated under R18-2-715.01(U).

Historical ote
Section R18-2-715 renumbered from R18-2-515 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 575, effect ive January 15, 2002 (Supp. 02-1). Amended by final rul emaking at 8 A.A.R. 3365, effective July 18, 2002 (S upp. 02-3). Amended by final rulemaking at 13 A.A.R. 215 7, effective August 4, 2007 (Supp. 07-2). Amended by f inal rulemaking at 15 A.A.R. 281, effective March 7, 200 9

(Supp. 09-1).

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

A. The cumulative occurrence and emission limits in R1 8-2- 715(F) apply to the total of sulfur dioxide emissio ns from the smelter processing units and sulfur dioxide control and removal equipment, but not uncaptured fugitive emis sions or emissions due solely to the use of fuel for space h eating or steam generation.

B. The owner or operator shall include periods of malf unction, startup, shutdown or other upset conditions when de termining compliance with the cumulative occurrence or annual average emission limits in R18-2-715(F), (G), or (H).

C. The owner or operator shall determine compliance wi th the

cumulative occurrence and emission limits contained in R18-2-715(F) as follows: 1. The owner or operator shall calculate annual aver age emissions at the end of each day by averaging the e missions for all hours measured during the compliance period defined in subsection (J) ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18 -2- 715(F) if either: a. The annual average is greater than the annual ave rage computed for the preceding day; orb. The annual averages computed for the five preceding days all exceed the allowable annual average
emission limit. 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by aver aging the hourly emissions for the preceding three consec utive hours provided each hour was measured according to the requirements in subsection (K).

D. For purposes of this Section, the compliance date, unless otherwise provided in a consent decree or a delayed co mpliance order, shall be January 14, 1986, except that: 1. The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(1) and R18-2- 715(G)(1) is January 15, 2002, and 2. The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(2), (F)(3), (G)(2) , and (H) is the effective date of this rule.

E. For purposes of subsection (C), a three-hour emissi ons average in excess of an emission level E violates the a ssociated cumulative occurrence limit n listed in R18-2-715(F ) if: 1. The number of all three-hour emissions averages c alculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and 2. The average is calculated during the last operati ng day of the compliance period being reported.

F. A three-hour emissions average only violates the cumulative
occurrence limit n of an emission level E on the day containing the last hour in the average.

G. Multiple violations of the same cumulative occurren ce limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violatio n of R18-2-715(F).

H. The violation of any cumulative occurrence limit an d an annual average emission limit on the same day const itutes only a single violation of the requirements of R18-2-715 (F).

I. Multiple violations of a cumulative occurrence limi t by different three-hour emissions averages containing any co mmon hour constitutes a single violation of R18-2-715(F)

. J. To determine compliance with subsections (C) through (I), the compliance period consists of the 365 calendar days immediately preceding the end of each day of the month be ing reported unless that period includes less than 300 operating days, in which case the number of days preceding th e last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purpos es of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process.

K. To determine compliance with R18-2-715(F) or (H), the owner or operator of any smelter subject to R18-2-715(F) or (H) shall install, calibrate, maintain, and operate a measure ment system for continuously monitoring sulfur dioxide concentr ations and stack gas volumetric flow rates in each stack that could emit five percent or more of the allowable annual averag e sulfur
dioxide emissions from the smelter. 1. The owner or operator shall continuously monitor sulfur dioxide concentrations and stack gas volumetric flo w rates in the outlet of each piece of sulfur dioxide control equipment. 2. The owner or operator shall continuously monitor captured fugitive emissions for sulfur dioxide concentrations and stack gas volumetric flow rates and include the se emissions as part of total plant emissions when det ermining compliance with the cumulative occurrence and e mission limits in R18-2-715(F) and (H). 3. If the owner or operator demonstrates to the Dire ctor that measurement of stack gas volumetric flow in the outlet of any particular piece of sulfur dioxide control equi pment would yield inaccurate results once operational or would be technologically infeasible, then the Director may allow measurement of the flow rate at an alternativ e sampling point. 4. For purposes of this subsection, continuous monit oring means the taking and recording of at least one meas urement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected sta ck, outlet, or other approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. An
hour of smelter emissions is considered continuously monitored if the emissions from all monitored stack s, outlets, or other approved measurement locations ar e measured for at least 45 minutes of any hour accord ing to the requirements of this subsection.Supp. 12-1 Page 90 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

5. The owner or operator shall demonstrate that the continuous monitoring system meets all of the following re quirements: a. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the requirements of 40 CFR 60, Appendix B, Performance Specification 6. b. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the quality assurance requirements of 40 CFR 60, Appendix F. c. The owner or operator shall notify the Director i n writing at least 30 days in advance of the start ofrelative accuracy test audit (RATA) procedures performed on the continuous monitoring system. d. The Director shall approve the location of all sa mpling points for monitoring sulfur dioxide concentr ations and stack gas volumetric flow rates in writin g before installation and operation of measurement
instruments. e. The measurement system installed and used under this subsection is subject to the manufacturer’s re commended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case spe cifications or recommendations shall be followed. The owner or operator shall make available a record of these procedures that clearly shows instrument read

ings before and after zero adjustment and calibration.

L. The owner or operator of a smelter subject to this Section shall measure at least 95 percent of the hours during whi ch emissions occurred in any month.

M. Failure of the owner or operator of a smelter subje ct to this Section to measure any 12 consecutive hours of emis sions according to the requirements of subsection (K) or (S) is a violation of this Section.

. The owner or operator of any smelter subject to thi s Section shall maintain on hand and ready for immediate inst allation sufficient spare parts or duplicate systems for the continuous monitoring equipment required by this Section to al low for the replacement within six hours of any monitoring equi pment part that fails or malfunctions during operation.

O. To determine total overall emissions, the owner or operator of any smelter subject to this Section shall perform m aterial balances for sulfur according to the procedures prescr ibed by Appendix 8 of this Chapter.

P. The owner or operator of any smelter subject to thi s Section shall maintain a record of all average hourly emiss ions measurements and all calculated average monthly emissi ons required by this Section. The record of the emissio ns shall be retained for at least five years following the date of measurement or calculation. The owner or operator shall re cord the measurement or calculation results as pounds per ho ur of sulfur dioxide. The owner or operator shall summarize the following data monthly and submit the summary to the D irector within 20 days after the end of each month: 1. For all periods described in subsection (C) and ( R), the annual average emissions as calculated at the end o f each day of the month; 2. The total number of hourly periods during the mon th in

which measurements were not taken and the reason fo r loss of measurement for each period; 3. The number of three-hour emissions averages that exceeded each of the applicable emissions levels li sted in R18-2-715(F) and (G)(1)(b) for the compliance perio ds ending on each day of the month being reported;

4. The date on which a cumulative occurrence limit l isted in R18-2-715(F) or (G)(1)(b) was exceeded if the excee dance occurred during the month being reported; and 5. For all periods described in subsection (T) and ( U), the annual average emissions as calculated at the end o f the last day of each month. Q. An owner or operator shall install instrumentation to monitor each point in the smelter facility where a means ex ists to bypass the sulfur removal equipment, to detect and record all periods that the bypass is in operation. An owner o r operator of a copper smelter shall report to the Director, n ot later than the 15th day of each month, the recorded informatio n required by this Section, including an explanation for the n ecessity of the use of the bypass.

R. The owner or operator shall determine compliance wi th the cumulative occurrence and fugitive emission limits contained in R18-2-715(G)(1) as follows: 1. The owner or operator shall calculate annual aver age emissions at the end of each day by averaging the e missions for all hours measured during the compliance period, as defined in subsection (R)(8), ending on that day. An annual emissions average in excess of the a llowable annual average emission limit is a violation o f R18- 2-715(G)(1)(a) if either: a. The annual average is greater than the annual ave rage computed for the preceding day; orb. The annual averages computed for the five preceding days all exceed the allowable annual average
emission limit. 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by aver aging the hourly emissions for the preceding three consec utive hours provided each hour was measured according to the requirements contained in subsection (S). 3. For purposes of subsection (R)(2), a three-hour e missions average in excess of an emission level E f violates the

associated cumulative occurrence limit n listed in R18-2-715(G)(1)(b) if: a. The number of all three-hour emissions averages calculated during the compliance period in excess o f
that emission level exceeds the cumulative occurrence limit associated with the emission level; and b. The average is calculated during the last operati ng day of the compliance period being reported. 4. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level E f on the day containing the last hour in the average. 5. Multiple violations of the same cumulative occurr ence limit on the same day and violations of different c umulative occurrence limits on the same day constitute a single violation of R18-2-715(G)(1)(b). 6. The violation of any cumulative occurrence limit and an annual average emission limit on the same day const itutes only a single violation of the requirements of R18- 2- 715(G)(1). 7. Multiple violations of a cumulative occurrence li mit by different three-hour emissions averages containing any common hour constitutes a single violation of R18-2

- 715(G)(1)(b). 8. To determine compliance with subsections (R)(1) through (7), the compliance period consists of the 365 cale ndar days immediately preceding the end of each day of the month being reported unless that period includes le ss than 300 operating days, in which case the number of day sArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 91 Supp. 12-1 preceding the last day of the compliance period sha ll be increased until the compliance period contains 300 operating days. For purposes of this Section, an operat ing day is any day on which sulfur-containing feed is intro duced into the smelting process.

S. To determine compliance with R18-2-715(G)(1), the o wner or operator of the smelter subject to R18-2-715(G)(1) shall install, calibrate, maintain, and operate a measure ment system for continuously monitoring sulfur dioxide concentr ations of the converter roof fugitive emissions. 1. For purposes of this subsection, continuous monit oring means the taking and recording of at least one meas urement of sulfur dioxide concentration from an approv ed measurement location in each 15-minute period. Fift eenminute periods start at the beginning of each clock hour, and run consecutively. An hour of smelter emissions is considered continuously monitored if the emissions from all approved measurement locations are measured for at least 45 minutes of any hour according to the requi rements of this subsection. 2. The owner or operator of a smelter subject to the requirements of this subsection shall conduct quality assurance procedures on the continuous monitoring system acco rding to the methods in 40 CFR 60, Appendix F, except that an annual relative accuracy test audit (RATA) is no t required.

T. The emission limit in R18-2-715(G)(2) applies to th e total of uncaptured fugitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and rem oval equipment, but not emissions due solely to the use of fu el for space heating or steam generation. The owner or operator shall determine compliance with the emission limit contai ned in R18-2-715(G)(2) as follows: 1. The owner or operator shall calculate annual aver age fugitive emissions at the end of the last day of ea ch month by averaging the monthly emissions for the previous 12- month period ending on that day. To determine month ly fugitive emissions, the owner or operator shall per form material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Ch apter. 2. An annual emissions average in excess of the allo wable annual average emission limit violates R18-2-715(G) (2) if the fugitive annual average computed at the end of each month exceeds the allowable annual average emission
limit.

U. The emission limit in R18-2-715(H) applies to the t otal of stack and uncaptured fugitive sulfur dioxide emissi ons from the smelter processing units and sulfur dioxide control and removal equipment, but not emissions due solely to the use of fuel for space heating or steam generation. The own er or operator shall determine compliance with the emission l imit contained in R18-2-715(H) as follows: 1. The owner or operator shall calculate annual aver age stack emissions at the end of the last day of each month by averaging the emissions for all hours measured during the previous 12-month period ending on that day acc ording to the requirements contained in subsection (K)

. 2. The owner or operator shall calculate annual aver age fugitive emissions at the end of the last day of ea ch month by averaging the monthly emissions for the previous 12- month period ending on that day. To determine month ly fugitive emissions, the owner or operator shall per form material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Ch apter. 3. An annual emissions average in excess of the allo wable annual average emission limit violates R18-2-715(H) if the total of the stack and fugitive annual averages computed at the end of each month exceeds the allowabl e annual average emission limit.

Historical ote
Section R18-2-715.01 renumbered from R18-2-515.01 and amended effective November 15, 1993 (Supp. 93-4 ). Amended by final rulemaking at 8 A.A.R. 575, effect ive January 15, 2002 (Supp. 02-1). Amended by final rul emaking at 8 A.A.R. 3365, effective July 18, 2002 (S upp. 02-3).

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

A. For purposes of this Section, the compliance date, unless otherwise provided in a consent decree or a delayed co mpliance order, shall be January 14, 1986.

B. No later than 24 months before the compliance date, the owner or operator of a smelter subject to R18-2-715 shall submit to

the Director the results of an evaluation of the fu gitive emissions from the smelter. The evaluation results shal l contain all of the following information: 1. A measurement or accurate estimate of total fugitive emissions from the smelter during typical operation s, including planned start-up and shutdown. The measur ement or estimate shall contain the amount of both average short-term (24 hours) and average long-term (monthl y) fugitive emissions from the smelter. The evaluation plan shall be approved in advance by the Department and shall specify the method used to determine the fugitive e mission amounts, including the conditions determined t o be “typical operations” for the smelter.
2. A measurement or accurate estimate of the relativ e proportion, expressed as a percentage, of total fugiti ve emissions during typical operations, including planned startup and shutdown, produced by any of the following smelter processes: a. Roaster or dryer operation; b. Calcine or dried concentrate transfer;c. Reverberatory furnace operations, including feeding, slag return, matte and slag tapping; d. Matte transfer; and e. Converter operations. 3. The measurement technique or method of estimationused to fulfill the requirement in subsection (B)(2) sha ll be approved in advance by the Department. 4. The results of at least a six-month fugitive emis sion impact analysis conducted during that part of the y ear when fugitive emissions are expected to have the gr eatest ambient air quality impact. The study shall utilize sufficient measurements of fugitive emissions, meteorolo gical
conditions and ambient sulfur dioxide concentration s to associate fugitive emissions with specific measured ambient concentrations of sulfur dioxide. The studyshall describe in detail the techniques used to make the required determinations. The design of the study sh all be approved in advance by the Department.

C. On the basis of the results of the evaluation as we ll as other

data and information contained in the records of th e Department, the Director shall determine whether fugitive emissions from a particular smelter have the potential to cau se or significantly contribute to violations of the ambient sulf ur dioxide standards in the vicinity of the smelter. If the Di rector finds that fugitive emissions from a particular smelter h ave the potential to cause or significantly contribute to v iolations ofSupp. 12-1 Page 92 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

ambient sulfur dioxide standards in the vicinity of a smelter, then the Director shall adopt rules specifying the emission limits and undertake other appropriate measures necess ary to maintain ambient sulfur dioxide standards.

D. The requirements of subsection (B) shall not apply to a smelter subject to this Section if the owner or operator of that smelter
can demonstrate to the Director both that: 1. Compliance with the applicable cumulative occurre nce and emission limits listed in R18-2-715(F) will req uire the smelter to undergo major modifications to its p hysical configuration or work practices prior to the compli ance date, and 2. That the modification will reduce fugitive emissi ons to such an extent that such emissions will not cause o r significantly contribute to violations of ambient sulfur dioxide standards in the vicinity of the smelter.

E. In order to assess the sufficiency of the cumulativ e occurrence and emission limits contained in R18-2-715(F) to ma intain the ambient air quality standards for sulfur dioxide se t forth in R18-2-202, an owner or operator of a smelter subjec t to this Section shall continue to calibrate, maintain and o perate any ambient sulfur dioxide monitoring equipment owned b y the smelter owner or operator and in operation within the area of the smelter enclosed by a circle with 10-mile radiu s as calculated from a center point which shall be the point of the smelter’s greatest sulfur dioxide emissions, for a period of at least three years after the compliance date. 1. Such monitors shall be operated and maintained inaccordance with 40 CFR 50 and 58 and such other conditio ns as the Director deems necessary.
2. The location of ambient sulfur dioxide monitors and length of time such monitors remain at a location s hall be determined by the Director.

Historical ote
Section R18-2-715.02 renumbered from R18-2-515.02 and amended effective November 15, 1993 (Supp. 93-4 ).

R18-2-716. Standards of Performance for Existing Coa l Preparation Plants

A. The provisions of this Section are applicable to any of the following affected facilities in coal preparation plants: thermal dryers, pneumatic coal-cleaning equipment, coal pro cessing and conveying equipment including breakers and crus hers, coal storage systems, and coal transfer and loadingsystems. For purposes of this Section, the definitions conta ined in 40 CFR 60.251 are adopted by reference and incorporate d herein.

B. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any existing coal preparation plant in total quantities in excess of the amounts calculated by one of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (B)(1). C. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

D. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
E. Fugitive emissions from coal preparation plants sha ll be controlled in accordance with R18-2-604 through R18-2- 607.

F. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in the 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, are used to determine compliance with standards pre

scribed in subsection (B) as follows: a. Method 5 for the concentration of particulate matter and 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. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the minimum sample volume is 0 .85 dscm (30 dscf) except that short sampling times or smaller volumes, when necessitated by process varia bles or other factors, may be approved by the Director. Sampling shall not be started until 30 minutes after s tart-up and shall be terminated before shutdown procedures commence. The owner or operator of the affected facili ty shall eliminate cyclonic flow during performance te sts in a manner acceptable to the Director. 3. The owner or operator shall construct the facility so that particulate emissions from thermal dryers or pneumatic coal cleaning equipment can be accurately determine d by applicable test methods and procedures under subsec tion (F)(1).

Historical ote
Section R18-2-716 renumbered from R18-2-516 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effec tive

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

R18-2-717. Standards of Performance for Steel Plants : Existing Electric Arc Furnaces (EAF)

A. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om electric arc furnaces or dust-handling equipment which are a ffected facilities in any steel plant in total quantities i n excess of the amount calculated by one of the following equations : 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 93 Supp. 12-1 C. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
D. An opacity standard of 40% shall not be exceeded byexisting steel plant electric arc furnaces and their appurte nances for more than an aggregate of three minutes in any 45-m inute period.

E. A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control device shall be installed, calibrated, maintained, and operated by the owner or operator subject to the pr ovisions of
this Section.

F. The test methods and procedures required under this Section

are as follows: 1. Reference methods in 40 CFR 60, Appendix A, as in corporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the standards prescribed under subsection (A) as follows: a. Method 5 for concentration of particulate matter and associated moisture content, b. Method 1 for sample and velocity and volumetric flow rate, c. Method 2 for velocity and volumetric flow rate, d. Method 3 for gas analysis. 2. For Method 5, the sampling time for each run shal l be at least four hours. When a single EAF is sampled, the sampling time for each run shall also include an integral number of heats. Shorter sampling times, when necessit ated by process variables or other factors, may be appro ved by the Director. The minimum sample volume shall be 4. 5 dscm (160 dscf).

Historical ote
Section R18-2-717 renumbered from R18-2-517 effecti ve November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-718. Repealed

Historical ote
Section R18-2-718 renumbered from R18-2-518 effecti ve November 15, 1993 (Supp. 93-4). Section repealed by final rulemaking at 13 A.A.R. 2157, effective Augus t 4,

2007 (Supp. 07-2).

R18-2-719. Standards of Performance for Existing Sta tionary Rotating Machinery

A. The provisions of this Section are applicable to th e following affected facilities: all stationary gas turbines, o il-fired turbines, or internal combustion engines. This Section also a pplies to an installation operated for the purpose of producing electric or mechanical power with a resulting discharge of sulf ur dioxide in the installation’s effluent gases.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of co mbustion pass through a stack or other outlet. Compliance te sts shall be conducted during operation at the normal rated capa city of each unit. The total heat input of all operating fu el-burning units on a plant or premises shall be used for dete rmining the maximum allowable amount of particulate matter whic h may
be emitted.

C. No person shall cause, allow or permit the emissionof particulate matter, caused by combustion of fuel, from anystationary rotating machinery in excess of the amounts calculated by one of the following equations: 1. For equipment having a heat input rate of 4200 mi llion Btu per hour or less, the maximum allowable emissio ns shall be determined by the following equation: E = 1.02Q 0.769

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. Q = the heat input in million Btu per hour. 2. For equipment having a heat input rate greater th an 4200 million Btu per hour, the maximum allowable emissio ns shall be determined by the following equation: E = 17.0Q 0.432
where “E” and “Q” have the same meaning as in subsection (C)(1).

D. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

E. No person shall cause, allow or permit to be emitte d into the atmosphere from any stationary rotating machinery, smoke for any period greater than 10 consecutive seconds whic h exceeds 40% opacity. Visible emissions when starting cold e quipment shall be exempt from this requirement for the first 10 minutes.

F. When low sulfur oil is fired, stationary rotating m achinery
installations shall burn fuel which limits the emis sion of sulfur dioxide to 1.0 pound per million Btu heat input.

G. When high sulfur oil is fired, stationary rotating machinery installations shall not emit more than 2.2 pounds o f sulfur dioxide per million Btu heat input.

H. Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil bythe permittee. This condition may not be included in the perm it if the applicant demonstrates to the satisfaction of the D irector both that sufficient quantities of low sulfur oil are no t available for use by the source and that it has adequate faciliti es and contingency plans to ensure that the sulfur dioxide ambie nt air quality standards set forth in R18-2-202 will not be vi olated. 1. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified. 2. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Department monthly reports detailing its efforts to obtain low sulfur oil. 3. When the conditions justifying the use of high su lfur oil no longer exist, the permit shall be modified accor dingly. 4. Nothing in this Section shall be construed as all owing the use of a supplementary control system or other formof dispersion technology.

I. The owner or operator of any stationary rotating ma chinery subject to the provisions of this Section shall rec ord daily the sulfur content and lower heating value of the fuel being fired
in the machine.

J. The owner or operator of any stationary rotating ma chinery subject to the provisions of this Section shall rep ort to the Director any daily period during which the sulfur c ontent of the fuel being fired in the machine exceeds 0.8%.

K. The test methods and procedures required by this Se ction are
as follows: 1. To determine compliance with the standards prescr ibed in subsections (C) through (H), the following referenc e methods shall be used: a. Reference Method 20 in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, for the concentration of sulfur dioxide an d

oxygen. b. ASTM Method D-129-91 (Test Method for Sulfur in Petroleum Products) (General Bomb Method) for the sulfur content of liquid fuels.Supp. 12-1 Page 94 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

c. ASTM Method D-1072-90 (Test Method for TotalSulfur in Fuel Gases for the sulfur content of gaseous fuels. 2. To determine compliance with the standards prescr ibed in subsection (J), the following reference methods in the Arizona Testing Manual shall be used: a. ASTM Method D-129-91 (Test Method for Sulfur in Petroleum Products) (General Bomb Method) for the sulfur content of liquid fuels. b. ASTM Method D-1072-90 (Test Method for Total Sulfur in Fuel Gases) for the sulfur content of gas

eous fuels.

Historical ote
Section R18-2-719 renumbered from R18-2-519 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effec tive

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

R18-2-720. Standards of Performance for Existing Lim e Manufacturing Plants

A. The provisions of this Section are applicable to th e following
affected facilities used in the manufacture of lime : rotary lime kilns, vertical lime kilns, lime hydrators, and lim estone crushing facilities. This Section is also applicable to limestone crushing equipment which exists apart from other li me manufacturing facilities.

B. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any lime manufacturing or limestone crushing facility in tot al quantities in excess of the amounts calculated by one of the f ollowing equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

D. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
E. Fugitive emissions from lime plants shall be contro lled in accordance with R18-2-604 through R18-2-607.

F. The owner or operator subject to the provisions of this Section shall install, calibrate, maintain, and operate a c ontinuous monitoring system, except as provided in subsection (G), to monitor and record the opacity of the gases discharged into the atmosphere from any rotary lime kiln. The span of this system shall be set at 70% opacity.

G. The owner or operator of any rotary lime kiln using a wet scrubbing emission control device subject to the pr ovisions of this Section shall not be required to monitor the o pacity of the gases discharged as required in subsection (F). H. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A, a s incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with this Sec tion

as follows: a. Method 5 for the measurement of particulate matte r, b. Method 1 for sample and velocity traverses, c. Method 2 for velocity and volumetric flow rate, d. Method 3 for gas analysis, e. Method 4 for stack gas moisture,

f. Method 9 for visible emissions. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the sampling rate shall be at least 0.85 dscm/hr (0.53 dscf/min), except that shorter s ampling times, when necessitated by process variables or other factors, may be approved by the Director. 3. Because of the high moisture content of the exhau st gases from the hydrators, in the range of 40 to 85% by vo lume, the Method 5 sample train may be modified to includ e a calibrated orifice immediately following the sample nozzle when testing lime hydrators. In this configuration, the sampling rate necessary for maintaining isokinetic conditions can be directly related to exhaust gas veloci ty without a correction for moisture content.

Historical ote
Section R18-2-720 renumbered from R18-2-520 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effec tive

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

R18-2-721. Standards of Performance for Existing on ferrous Metals Industry Sources

A. The provisions of this Section are applicable to th e following
affected facilities: 1. Mines, 2. Mills, 3. Concentrators, 4. Crusers, 5. Screens, 6. Material handling facilities, 7. Fine ore storage, 8. Dryers, 9. Roasters, and

10. Loaders.

B. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere in any one hour fr om any process source subject to the provisions of this Secti on in total quantities in excess of the amounts calculated by o ne of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight great er than 60,000 pounds per hour (30 tons per hour), the maxi mum allowable emissions shall be determined by the foll owing equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (B)(1).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 95 Supp. 12-1 C. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

D. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
E. No person shall cause, allow or permit to be discharged into the atmosphere from any dryer or roaster the operat ing temperature of which exceeds 700°F, reduced sulfur in exc ess of 10% of the sulfur entering the process as feed. Reducedsulfur includes sulfur equivalent from all sulfur emission s including sulfur dioxide, sulfur trioxide, and sulfuric acid.

F. The owner or operator of any mining property subjec t to the provisions of this Section shall record the daily p rocess rates and hours of operation of all material handling fac ilities.

G. A continuous monitoring system for measuring sulfur dioxide emissions shall be installed, calibrated, maintaine d and operated by the owner or operator where dryers or roast ers are not expected to achieve compliance with the standard un der subsection (E).

H. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A, a s incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the stan dard prescribed in this Section 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 exce ss air, using the integrated sample technique;

e. Method 6 for concentration of SO 2

. 2. For Method 5, Method 1 shall be used to select th e sampling site and the number of traverse sampling points. The sampling time for each run shall be at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf), except that smaller sampling times or volumes, when necessitated by process variables or other factors, may be approved by the Director. The probe and filter holder heating systems in the sampling trainshall be set to provide a gas temperature no greater than 16 0°C. (320°F.). 3. For Method 6, the sampling site shall be the same as that selected for Method 5. The sampling point in the du ct shall be at the centroid of the cross section or at a point no closer to the walls than 1 m (3.28 ft.). For Method 6, the sample shall be extracted at a rate proportional to the gas velocity at the sampling point. 4. For Method 6, the minimum sampling time shall be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean of two samples shall constitute one run. Samples shall be taken at approximately 30-minute intervals.

Historical ote
Section R18-2-721 renumbered from R18-2-521 effecti ve November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-722. Standards of Performance for Existing Gra vel or Crushed Stone Processing Plants

A. The provisions of this Section are applicable to th e following affected facilities: primary rock crushers, secondary rock crushers, tertiary rock crushers, screens, conveyor s and conveyor transfer points, stackers, reclaimers, and al l gravel or crushed stone processing plants and rock storage pi les.

B. No person shall cause, allow or permit the discharg e of particulate matter into the atmosphere except as fugitive emissions in any one hour from any gravel or crushed stone pr ocessing plant in total quantities in excess of the amounts calculated by one of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

D. Spray bar pollution controls shall be utilized in a ccordance with “EPA Control of Air Emissions From Process Ope rations In The Rock Crushing Industry” (EPA 340/1-79-002), “Wet Suppression System” (pages 15-34, amended as of January 1979 (and no future amendments or editions)), as in corporated herein by reference and on file with the Office of the Secretary of State, with placement of spray bars and nozzles as required by the Director to minimize air pollution.

E. Fugitive emissions from gravel or crushed stone pro cessing plants shall be controlled in accordance with R18-2 -604 through R18-2-607.

F. The owner or operator of any affected facility subj ect to the provisions of this Section shall install, calibrate , maintain, and operate monitoring devices which can be used to det ermine daily the process weight of gravel or crushed stone produced. The weighing devices shall have an accuracy of ± 5% over their operating range.

G. The owner or operator of any affected facility shal l maintain a record of daily production rates of gravel or crush ed stone produced.

H. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in 40 CFR 60, Appendix A, a s incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the stan dards prescribed in this Section as follows: a. Method 5 for concentration of particulate matter and 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. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the minimum sample volume is 0 .85 dscm (30 dscf), except that shorter sampling times or smaller volumes, when necessitated by process varia bles or other factors, may be approved by the Director. Sampling shall not be started until 30 minutes after s tart-up and shall be terminated before shutdown procedures commence. The owner or operator of the affected facili ty shall eliminate cyclonic flow during performance te sts in a manner acceptable to the Director.Supp. 12-1 Page 96 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Historical ote
Section R18-2-722 renumbered from R18-2-522 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effec tive

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

R18-2-723. Standards of Performance for Existing Con crete

Batch Plants Fugitive dust emitted from concrete batch plants sh all be controlled in accordance with R18-2-604 through R18-2-607.

Historical ote
Section R18-2-723 renumbered from R18-2-523 and amended effective November 15, 1993 (Supp. 93-4).

R18-2-724. Standards of Performance for Fossil-fuel Fired Industrial and Commercial Equipment

A. This Section applies to industrial and commercial i nstallations which are less than 73 megawatts capacity (250 mill ion Btu per hour), but in the aggregate on any premises are rated at greater than 500,000 Btu per hour (0.146 megawatts) , and in which fuel is burned for the primary purpose of pro ducing steam, hot water, hot air or other liquids, gases o r solids and in the course of doing so the products of combustion d o not come into direct contact with process materials. When any products or by-products of a manufacturing process are burne d for the same purpose or in conjunction with any fuel, the s ame maximum emission limitations shall apply.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of co mbustion pass through a stack or other outlet. The heat cont ent of solid
fuel shall be determined in accordance with R18-2-3 11. Compliance tests shall be conducted during operation a t the nominal rated capacity of each unit. The total heat inp ut of all fuelburning units on a plant or premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted.

C. No person shall cause, allow or permit the emissionof particulate matter, caused by combustion of fuel, from anyfuel-burning operation in excess of the amounts calculated b y one of the following equations: 1. For equipment having a heat input rate of 4200 mi llion Btu per hour or less, the maximum allowable emissio ns shall be determined by the following equation: E = 1.02Q 0.769

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. Q = the heat input in million Btu per hour. 2. For equipment having a heat input rate greater th an 4200 million Btu per hour, the maximum allowable emissio ns shall be determined by the following equation: E = 17.0Q 0.432
where “E” and “Q” have the same meanings as in subsection (C)(1).

D. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

E. Fossil-fuel fired industrial and commercial equipme nt installations shall not emit more than 1.0 pounds of sulfur dioxide per million Btu heat input when low sulfur oil is fired

. F. Fossil-fuel fired industrial and commercial equipme nt installations shall not emit more than 2.2 pounds of sulfur dioxide per million Btu heat input when high sulfur oil is fire d.

G. Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil bythe permittee. This condition may be omitted from the permit if the applicant demonstrates to the satisfaction of the D irector both that sufficient quantities of low sulfur oil are no t available for use by the source and that it has adequate faciliti es and contingency plans to ensure that the sulfur dioxide ambie nt air quality standards set forth in R18-2-202 will not be vi olated. 1. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified. 2. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Department monthly reports detailing its efforts to obtain low sulfur oil. 3. When the conditions justifying the use of high su lfur oil no longer exist, the permit shall be modified accor dingly. 4. Nothing in this Section shall be construed as all owing the use of a supplementary control system or other formof dispersion technology.

H. When coal is fired, fossil-fuel fired industrial an d commercial equipment installations shall not emit more than 1. 0 pounds of sulfur dioxide per million Btu heat input.

I. The owner or operator subject to the provisions of this Section shall install, calibrate, maintain and operate a co ntinuous monitoring system for measurement of the opacity of em issions discharged into the atmosphere from the control dev ice.

J. For the purpose of reports required under excess em issions reporting required by R18-2-310.01, the owner or op erator shall report all six-minute periods in which the op acity of any plume or effluent exceeds 15%.

K. The test methods and procedures required by this Se ction are

as follows: 1. The reference methods in 40 CFR 60, Appendix A, a s incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the stan dards as prescribed in this Section. a. Method 1 for selection of sampling site and sampl e traverses, b. Method 3 for gas analysis to be used when applyin g Reference Methods 5 and 6, c. Method 5 for concentration of particulate matter and the associated moisture content,
d. Method 6 for concentration of SO 2

. 2. For Method 5, Method 1 shall be used to select th e sampling site and the number of traverse sampling points. The sampling time for each run shall be at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf), except that smaller sampling times or volumes, when necessitated by process variables or other factors, may be approved by the Director. The probe and filter holder heating systems in the sampling train shall be set to provide a gas temperature no greater than 16 0°C. (320°F.). 3. For Method 6, the sampling site shall be the same as that selected for Method 5. The sampling point in the du ct
shall be at the centroid of the cross section or at a point no closer to the walls than 1 m (3.28 ft). For Method 6, the sample shall be extracted at a rate proportional to the gas velocity at the sampling point. 4. For Method 6, the minimum sampling time shall be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean of two samples shall constitute one run. Samples shall be taken at approximately 30-minute intervals.

5. Gross calorific value shall be determined in acco rdance with the applicable ASTM methods: D-2015-91 (Test f or Gross Calorific Value of Solid Fuel by the Adiabati c Bomb Calorimeter) for solid fuels; D-240-87 (Test Method for Heat of Combustion of Liquid HydrocarbonFuels by Bomb Calorimeter) for liquid fuels; and D1826-88 (Test Method for Calorific Value of Gases i nArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 97 Supp. 12-1Natural Gas Range by Continuous Recording Calorimeter) for gaseous fuels. The rate of fuels burned du ring each testing period shall be determined by suitable methods and shall be confirmed by a material balance ov er the fossil-fuel fired system.

Historical ote
Section R18-2-724 renumbered from R18-2-524 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 1164, effec tive February 15, 2001 (Supp. 01-1). Amended by final ru lemaking at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-725. Standards of Performance for Existing Dry Cleaning Plants

A. No person shall conduct any dry cleaning operation using chlorinated synthetic solvents without minimizing o rganic solvent emissions by good modern practices including b ut not limited to the use of an adequately sized and prope rly maintained activated carbon absorber or other equally e ffective

control device.

B. No person shall operate any dry cleaning establishm ent using petroleum solvents other than non-photochemically r eactive solvents without reducing solvent emissions by at l east 90%. For purposes of this subsection, a photochemically reactive solvent shall be any solvent with an aggregate of m ore than 20% of its total volume composed of the chemical co mpounds classified in subsections (B)(1) through (3), or wh ich exceeds any of the following percentage composition limitat ions,

referred to the total volume of solvent: 1. A combination of the following types of compounds having an olefinic or cyclo-olefinic type of unsaturat ion -- hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones: 5%. 2. A combination of aromatic compounds with 8 or mor e carbon atoms to the molecule except ethylbenzene: 8 %. 3. A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichlorethylene or toluene : 20%.

C. Where a stack, vent or other outlet is at such a le vel that fumes, gas mist, odor, smoke, vapor or any combination the reof constituting air pollution is discharged to adjoining property, the Director may require the installation of abatement equipment or the alteration of such stack, vent, or other out let by the owner or operator thereof to a degree that will ade quately dilute, reduce or eliminate the discharge of air po llution to the adjoining property.

Historical ote
Section R18-2-725 renumbered from R18-2-525 effecti ve

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

R18-2-726. Standards of Performance for Sandblasting Operations No person shall cause or permit sandblasting or oth er abrasive blasting without minimizing dust emissions to the atmosphere through the use of good modern practices. Examples of good modern practices include wet blasting and the use of e ffective enclosures with necessary dust collecting equipment.

Historical ote
Section R18-2-726 renumbered from R18-2-526 effecti ve

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

R18-2-727. Standards of Performance for Spray Painti ng Operations

A. No person shall conduct any spray paint operation w ithout minimizing organic solvent emissions. Such operatio ns other than architectural coating and spot painting, shall be conducted in an enclosed area equipped with controls c ontaining no less than 96% of the overspray.

B. No person shall either: 1. Employ, apply, evaporate or dry any architectural coating containing photochemically reactive solvents for in dustrial or commercial purposes; or 2. Thin or dilute any architectural coating with a p hotochemically reactive solvent.

C. For purposes of subsection (B), a photochemically r eactive solvent shall be any solvent with an aggregate of m ore than 20% of its total volume composed of the chemical co mpounds classified in subsections (1) through (3), or whichexceeds any of the following percentage composition limitations , referred
to the total volume of solvent: 1. A combination of the following types of compounds having an olefinic or cyclo-olefinic type of unsaturation -- hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones: 5%. 2. A combination of aromatic compounds with 8 or mor e carbon atoms to the molecule except ethylbenzene: 8 %. 3. A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichlorethylene or toluene : 20%.

D. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structu re into more than one of the groups or organic compounds describ ed in subsection (C)(1) through (3), it shall be considered to be a member of the group having the least allowable percent of the total
volume of solvents.

Historical ote
Section R18-2-727 renumbered from R18-2-527 effecti ve

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

R18-2-728. Standards of Performance for Existing Amm onium Sulfide Manufacturing Plants

A. The provisions of this Section are applicable to th e following

affected facilities in ammonium sulfide manufacturi ng plants: sulfide unloading facilities, reactor-absorbers, bu bble cap scrubbers, and fume incinerators.

B. No person shall cause, allow or permit to be emitte d into the atmosphere, from any type of incinerator or other o utlet smoke, fumes, gases, particulate matter or other ga s-borne material, the opacity of which exceeds 20%.

C. No person shall cause, allow or permit to be emitte d into the atmosphere from any emission point from any inciner ator, or to pass a convenient measuring point near such emis sion point, particulate matter of concentrations in excess of 0 .1 grain per cubic foot, based on dry flue gas at standard condi tions, corrected to 12% carbon dioxide.

D. No person shall allow hydrogen sulfide to be emitte d from any
location in such manner and amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.03 parts per million by volume for any averaging period of

30 minutes or more.

E. Where a stack, vent or other outlet is at such a le vel that fumes, gas mist, odor, smoke, vapor or any combination the reof constituting air pollution are discharged to adjoining property, the Director may require the installation of abatement equipment or the alteration of such stack, vent, or other out let by the owner or operator thereof to a degree that will ade quately dilute, reduce or eliminate the discharge of air po llution to adjoining property.

F. The owner or operator of any ammonium sulfide tailg as incinerator subject to the provisions of this Section sh all do both of the following:Supp. 12-1 Page 98 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

1. Install, calibrate, maintain, and operate a flow measuring
device which can be used to determine either the ma ss or volume of tailgas charged to the incinerator. The f low measuring device shall have an accuracy of ± 5% over its operating range. 2. Provide access to the tailgas charged so that a w ell-mixed representative grab sample can be obtained.

G. The test methods and procedures required by this Se ction are

as follows: 1. The reference methods in 40 CFR 60, Appendix A sh all be used to determine compliance with the standards prescribed in this Section as follows: a. Method 5 for the concentration of particulate matter and the associated moisture content; b. Method 1 for sample and velocity traverse; c. Method 2 for velocity and volumetric flow rate; d. Method 3 for gas analysis and calculation of exce ss air, using the integrated sample technique;
e. Method 11 shall be used to determine the concentr ation of H 2 S and Method 6 shall be used to determine

the concentration of SO 2

. 2. For Method 5, the sampling time for each run shal l be at least 60 minutes and the minimum sample volume shal l be 0.85 dscm (30.0 dscf) except that shorter sampli ng times and smaller sample volumes, when necessitated by process variables or other factors, may be approved by

the Director. 3. Particulate matter emissions, expressed in g/dscm , shall
be corrected to 12% CO 2 by using the following formula:

C 12 = 12c
%CO 2 where:

C 12 = the concentration of particulate matter corrected to 12% CO 2 , c = the concentration of particulate matter as measured by Method 5, and

%CO 2 = the percentage of CO 2 as measured by Method 3, or, when applicable, the adjusted outlet

CO 2 percentage. 4. If Method 11 is used, the gases sampled shall be introduced into the sampling train at approximately atmo

spheric pressure. Where fuel gas lines are operatin g at pressures substantially above atmosphere, this may be accomplished with a flow control valve. If the line pressure is high enough to operate the sampling train w ithout a vacuum pump, the pump may be eliminated from the sampling train. The sample shall be drawn from a po int near the centroid of the fuel gas line. The minimumsampling time shall be 10 minutes and the minimum sampling volume 0.01 dscm (0.35 dscf) for each sample. The arithmetic average of two samples of equal samplingtime shall constitute one run. Samples shall be taken at approximately one-hour intervals. For most fuel gas es, sample times exceeding 20 minutes may result in dep letion of the collecting solution, although fuel gase s containing low concentrations of hydrogen sulfide may necessitate sampling for longer periods of time. 5. If Method 5 is used, Method 1 shall be used for v elocity traverses and Method 2 for determining velocity andvolumetric flow rate. The sampling site for determinin g CO 2 concentration by Method 3 shall be the same as for determining volumetric flow rate by Method 2. The sampli ng point in the duct for determining SO 2 concentration by
Method 3 shall be at the centroid of the cross section if
the cross sectional area is less than 5 m 2 (54 ft 2 ) or at a point no closer to the walls than 1 m (3.28 feet) i f the cross sectional area is 5 m 2 or more and the centroid is more than 1 meter from the wall. The sample shall b e extracted at a rate proportional to the gas velocity at the sampling point. The minimum sampling time shall be 10 minutes and the minimum sampling volume 0.01 dscm (0.36 dscf) for each sample. The arithmetic average of two samples of equal sampling time shall constitute one run. Samples shall be taken at approximately one-ho ur intervals.

Historical ote
Section R18-2-728 renumbered from R18-2-528 effecti ve

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

R18-2-729. Standards of Performance for Cotton Gins

A. Fugitive dust, lint, bolls, cotton seed or other material emitted from a cotton gin or lying loose in a yard shall be collected and disposed of in an efficient manner or shall be treated in accordance with R18-2-604 through R18-2-607.

B. No person shall cause, allow or permit to be emitte d into the atmosphere, from any type of incinerator, smoke, fumes, gases, particulate matter or other gas-borne materi al which exceeds 40% opacity.

C. No person shall cause, allow, or permit the discharge of particulate matter into the atmosphere in any one hour fr om any cotton gin in total quantities in excess of the amount s calculated by one of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (C)(1).

D. The test methods and procedures required by this Se ction are
as follows: 1. The reference methods in the Arizona Testing Manu al and 40 CFR 60, Appendix A shall be used to determin e compliance with this Section as follows: a. Method A-2 for the measurement of particulate mat

ter, b. Method 1 for sample and velocity traverses, c. Method 2 for velocity and volumetric flow rate, d. Method 3 for gas analysis,
e. Method 9 for visible emissions. 2. For Method A-2, the sampling time for each run sh all be at least 60 minutes and the sampling rate shall be at least 0.85 dry standard cubic meters per hour (0.53 dry s tandard cubic feet per minute), except that shorter sa mpling times, when necessitated by progress variables or o ther factors, may be approved by the Director.

Historical ote
Section R18-2-729 renumbered from R18-2-529 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 2157, effe ctive August 4, 2007 (Supp. 07-2).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 99 Supp. 12-1 R18-2-730. Standards of Performance for Unclassified

Sources

A. No existing source which is not otherwise subject t o standards of performance under this Article or Article 9 or 1 1 of this Chapter, shall cause or permit the emission of poll utants at rates greater than the following: 1. For particulate matter discharged into the atmosp here in any one hour from any unclassified process source i n total quantities in excess of the amounts calculate d by one of the following equations: a. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less,
the maximum allowable emissions shall be determined by the following equation:

E = 4.10P 0.67

where:E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per
hour. b. For process weight rate greater than 60,000 pound s per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P 0.11 -40
where “E” and “P” are defined as indicated in subsection (A)(1)(a). 2. Sulfur dioxide – 600 parts per million. 3. Nitrogen oxides expressed as NO 2 – 500 parts per million.

B. For purposes of this Section, the total process wei ght from all similar units employing a similar type process shal l be used in determining the maximum allowable emission of parti culate

matter.
C. Actual values shall be calculated from the applicab le equations and rounded off to two decimal places.

D. No person shall emit gaseous or odorous materials from equipment, operations or premises under the person’s control in such quantities or concentrations as to cause air p ollution.

E. No person shall operate or use any machine, equipme nt, or other contrivance for the treatment or processing o f animal or vegetable matter, separately or in combination, unl ess all gaseous vapors and gas entrained effluents from such o perations, equipment, or contrivance have been either: 1. Incinerated to destruction, as indicated by a tem perature measuring device, at not less than 1,200°F if constructed or reconstructed prior to January 1, 1989, or 1,600 °F with

a minimum residence time of 0.5 seconds if construc ted or reconstructed thereafter; or 2. Passed through such other device which is designe d, installed and maintained to prevent the emission of odors or other air contaminants and which is approved by the
Director.

F. Materials including solvents or other volatile comp ounds, paints, acids, alkalies, pesticides, fertilizers an d manure shall be processed, stored, used and transported in such a manner and by such means that they will not evaporate, leak, escape or be otherwise discharged into the ambient air so as to cause or contribute to air pollution. Where means are availa ble to reduce effectively the contribution to air pollutio n from evaporation, leakage or discharge, the installation and use of such control methods, devices, or equipment shall be man datory.

G. Where a stack, vent or other outlet is at such a le vel that fumes, gas mist, odor, smoke, vapor or any combination the reof constituting air pollution is discharged to adjoining property, the Director may require the installation of abatement equipment or the alteration of such stack, vent, or other out let by the owner or operator thereof to a degree that will ade quately dilute, reduce or eliminate the discharge of air po llution to adjoining property.

H. No person shall allow hydrogen sulfide to be emitte d from any

location in such manner and amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.03 parts per million by volume for any averaging period of
30 minutes or more.

I. No person shall cause, allow or permit discharge fr om any stationary source carbon monoxide emissions without th e use of complete secondary combustion of waste gases generated by

any process source. J. No person shall allow hydrogen cyanide to be emitte d from any location in such manner and amount that the con centration of such emissions into the ambient air at any occup ied place beyond the premises on which the source is located exceeds 0.3 parts per million by volume for any averaging p eriod of eight hours.

K. No person shall allow sodium cyanide dust or dust f rom any other solid cyanide to be emitted from any locationin such
manner and amount that the concentration of such em issions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 140 micrograms per cubic meter for any averaging period of eight hours

. L. No owner or operator of a facility engaged in the s urface coating of miscellaneous metal parts and products may o perate a coating application system subject to this Section that emits volatile organic compounds in excess of any of the following: 1. 4.3 pounds per gallon (0.5 kilograms per liter) o f coating, excluding water, delivered to a coating applicator that applies clear coatings. 2. 3.5 pounds per gallon (0.42 kilograms per liter) of coating, excluding water delivered to a coating applicator in a coating application system that is air dried or for ced warm air dried at temperatures up to 194°F (90°C). 3. 3.5 pounds per gallon (0.42 kilograms per liter) of coating, excluding water, delivered to a coating applic ator that applies extreme performance coatings. 4. 3.0 pounds per gallon (0.36 kilograms per liter) of coating, excluding water, delivered to a coating applic ator for all other coatings and application systems.

M. If more than one emission limitation in subsection (L) applies to a specific coating, then the least stringent emi ssion limitation shall be applied.

. All VOC emissions from solvent washings shall be co nsidered in the emission limitations in subsection (L), unle ss the solvent is directed into containers that prevent evaporatio n into the atmosphere.

Historical ote
Renumbered from R18-2-530 and amended effective November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 15 A.A.R. 281, effective March 7, 2009 (S upp. 09-1).

R18-2-731. Standards of Performance for Existing Mun icipal

Solid Waste Landfills

A. This Section applies to each municipal solid waste landfill (MSW landfill) at which: 1. Construction, reconstruction, or modification beg an before May 30, 1991; and 2. Waste was accepted at any time since November 8, 1987, or additional design capacity is available for futu re waste deposition.Supp. 12-1 Page 100 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

B. For the purposes of this Section, “Municipal solid waste landfill or MSW landfill” means an entire disposal faci lity in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also rece ive other types of RCRA (Resource Conservation and Recovery A ct) Subtitle D wastes such as commercial solid waste, n onhazardous sludge, conditionally exempt small quantity gen erator waste, and industrial solid waste. Portions of an M SW landfill may be separated by access roads. An MSW landfill m ay be publicly or privately owned.

C. MSW landfills covered by this Section shall comply with 40 CFR 60, Subpart WWW, as modified by this subsection . 40 CFR 60, Subpart WWW, “Standards of Performance for Municipal Solid Waste Landfills,” is incorporated b y reference

in R18-2-901.
1. Definitions. In addition to the definitions in 40 CFR 60.751, “Administrator” means the Director of the Department of Environmental Quality. 2. Reporting. Each MSW landfill shall comply with th e reporting requirements of 40 CFR 60.757. The initia l design capacity report and initial NMOC emission rate report shall be due 90 days after the effective dat e of this
rule. 3. Design plan. An MSW landfill that is required to install a collection and control system shall submit a design plan for the system to the Director with a Standard Perm it Application Form not later than 12 months after it submitted or should have submitted a NMOC emission rat e report indicating emissions greater than 50 Mg per year. The design plan shall be prepared by a professional engineer registered in Arizona. The Director shall not approve the design plan if it does not meet the requirement s of 40 CFR 60.752(b)(2)(ii). 4. System installation. An MSW landfill that is requ ired to install a collection and control system shall compl ete installation of the system not later than 30 months after
the effective date of this rule. 5. An MSW landfill that first becomes subject to the collection and control system requirement after the effec tive date of this rule shall submit a design plan for th e system to the Director not later than 12 months after it s ubmitted or should have submitted an NMOC emission rate repo rt indicating emissions greater than 50 Mg per year.

Historical ote Adopted effective April 4, 1997; filed with the Off ice of the Secretary of State March 14, 1997 (Supp. 97-1).

R18-2-732. Standards of Performance for Existing Hos pital/

Medical/Infectious Waste Incinerators

A. This Section applies to any hospital/medical/infectious waste incinerator (HMIWI) for which construction was comm enced on or before June 20, 1996. All federal regulations cited within this Section are incorporated by reference in R18-2 -901. An incinerator subject to this Section is not subject to R18-2-704. The following types of incinerators are not subjectto this Section: 1. An incinerator during periods when only pathologi cal waste, low-level radioactive waste, or chemotherape utic waste is burned, if the owner or operator of the in cinerator does both of the following: a. Notifies the Director of an exemption claim. b. Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, or chemotherapeutic
waste is burned. 2. Any co-fired incinerator if the owner or operator of the incinerator does all of the following: a. Notifies the Director of an exemption claim. b. Provides an estimate of the relative weight of ho spital waste, medical/infectious waste, and other fuel s or wastes to be burned. c. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste burned, and the weight of all other fuels and
wastes burned at the co-fired incinerator. 3. Any incinerator required to have a permit under S ection 3005 of the Solid Waste Disposal Act. 4. Any incinerator subject to 40 CFR 60, Subparts Cb , Ea, or Eb (standards or guidelines for certain municipa l waste incinerators). 5. Any pyrolysis unit, as defined in 40 CFR 60.51c. 6. Cement kilns firing hospital waste or medical/inf ectious

waste.
B. A physical or operational change made to an existin g HMIWI unit solely for the purpose of complying with emiss ion limitations under this Section is not considered a modifi cation and does not result in an existing HMIWI unit becoming subject to the provisions of R18-2-901(9).

C. In addition to the definitions provided in 40 CFR 6 0.51c, the following definitions apply to this Section: 1. “Rural HMIWI” means any small HMIWI that is locat ed more than 50 miles from the boundary of the nearest Standard Metropolitan Statistical Area and that bur ns less than 2,000 pounds per week of hospital waste and me dical/infectious waste. The 2,000 pounds per week lim itation does not apply during performance tests. 2. “Standard Metropolitan Statistical Area” or “SMSA ” means any area listed in Office of Management and B udget (OMB) Bulletin 93-17 entitled “Revised Statisti cal Definitions for Metropolitan Areas” dated June 30, 1993 which is incorporated by reference. This incorporat ion by reference does not include any later amendments or editions. A copy of the bulletin is on file with the O ffice of the Secretary of State and the Department. 3. “State Plan” means the plan that 40 CFR 60 subpart Ce requires states to develop to regulate existing HMI WI built on or before June 20, 1996.

D. Beginning September 15, 2000, an HMIWI shall operat e under a Class I permit.

E. An owner or operator of an HMIWI shall comply with the following emissions limitations:
1. The emissions limitations in Table 1 unless the H MIWI is

a rural HMIWI. 2. The emissions limitations in Table 2, if the HMIW I is a
rural HMIWI. 3. An owner or operator of an HMIWI shall not cause to be discharged into the atmosphere from the stack of th at HMIWI any gases that exhibit greater than 10% opaci ty (6-minute block average). 4. An owner or operator of a large existing HMIWI sh all comply with the opacity requirements in 40 CFR 60.5 2c (c), (d), and (e).

F. An owner or operator of an HMIWI shall comply with the operator training requirements found in 40 CFR 60.5 3c within one year following approval of the State Plan.

G. An owner or operator of an HMIWI shall comply with the waste management requirements found in 40 CFR 60.55 c. H. An owner or operator of a rural HMIWI shall comply with the following inspection requirements:Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 101 Supp. 12-1 1. The owner or operator shall conduct or hire anoth er party to conduct an initial equipment inspection within o ne year following approval of the State Plan. 2. At a minimum, an inspection shall include the fol lowing: a. Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation. Clean pilot flame

sensor, as necessary.b. Inspect adjustment of primary and secondary chamber combustion air, and adjust as necessary. c. Inspect hinges and door latches, and lubricate as

necessary. d. Inspect dampers, fans, and blowers for proper ope ration. e. Inspect HMIWI door and door gaskets for proper sealing. f. Inspect motors for proper operation. g. Inspect primary chamber refractory lining. Clean and repair or replace lining as necessary. h. Inspect incinerator shell for corrosion and hot s pots. i. Inspect secondary/tertiary chamber and stack, cle an

as necessary. j. Inspect mechanical loader, including limit switch es, for proper operation, if applicable. k. Visually inspect waste bed (grates), and repair o r seal, as appropriate. l. For the burn cycle that follows the inspection, d ocument that the incinerator is operating properly and make any necessary adjustments. m. Inspect each air pollution control device for pro per operation, if applicable. n. Inspect waste heat boiler systems to ensure prope r operation, if applicable. o. Inspect bypass stack components. p. Ensure proper calibration of thermocouples, sorbe nt feed systems and any other monitoring equipment. q. Generally observe that the equipment is maintaine d in good operating condition. 3. Within 10 operating days following an equipment i nspection, the owner or operator shall complete all nece ssary repairs unless the owner or operator obtains writte n approval from the Director establishing a date by which all necessary repairs of the facility shall be comp leted. 4. The owner or operator of any rural HMIWI shall co nduct or hire another party to conduct an equipment inspe ction annually (no more than 12 months following the prev ious annual equipment inspection), as outlined in subsec tions (2) and (3).

I. An owner or operator of an HMIWI shall comply with the following compliance, performance testing, and monitor ing requirements: 1. Except as provided in subsection (2), an existing HMIWI shall meet the requirements for compliance and performance testing in 40 CFR 60.56c, excluding the fugitive emissions testing requirements under 40 CFR 60.56c(b)(12) and (c)(3). 2. A rural HMIWI shall meet the following compliance and performance testing requirements: a. Conduct the performance testing requirements in 4 0 CFR 60.56c(a), (b)(1) through (b)(9), (b)(11) (Hg only), and (c)(1). The 2,000 lb/week limitationunder 40 CFR 60.33e(b) does not apply during performance tests.b. Establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limitations. c. Ensure that the facility does not operate above themaximum charge rate or below the minimum secondary chamber temperature measured as three-hour rolling averages (calculated each hour as the avera ge of the previous three operating hours) at all times except during periods of startup, shutdown, and mal

function. Operating parameter limits do not applyduring performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature is a violation of the establish ed operating parameter. d. Except as provided in subsection (I)(2)(e), operating the facility above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously is a violation of the PM, CO, and
dioxin/furan emission limitations. e. The owner or operator may conduct a repeat perfor

mance test within 30 days after violation of any applicable operating parameter to demonstrate that the facility is not in violation of any applicable emission limit. Repeat performance tests conducted under this subsection shall be conducted using the identical operating parameters that indicated a vio lation under subsection (I)(2)(d). 3. The owner or operator shall comply with the monit oring requirements listed in 40 CFR 60.57c of subpart Ec, except as provided in subsection (I)(4). 4. A rural HMIWI shall meet the following monitoring requirements: a. Install, calibrate (to manufacturer’s specificati ons), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall berecorded, at a minimum, once every minute throughout operation. b. Install, calibrate (to manufacturer’s specificati ons), maintain, and operate a device that automatically measures and records the date, time, and weight of each charge fed into the HMIWI. c. Obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75% of the operating hours per day and for 90% of the operating hours per calendar quarter that th e facility is incinerating hospital waste or medical/
infectious waste.

J. An owner or operator of an HMIWI shall comply with the following reporting and recordkeeping requirements: 1. An owner or operator of each HMIWI shall comply w ith the requirements listed in 40 CFR 60.58c(b), (c), ( d), (e), and (f), excluding 40 CFR 60.58c(b)(2)(ii) (fugitiv e emissions) and (b)(7) (siting). 2. An owner or operator of each rural HMIWI shall pe rform all the following:a. Maintain records of the annual equipment inspections, any required maintenance, and any repairs no t completed within 10 days after an inspection or the time-frame established by the Director. b. Submit an annual report to ADEQ, Air Quality Divi

sion. The report shall contain information recorded under subsection (2)(a) and be submitted no later than 60 days following the year in which data wereSupp. 12-1 Page 102 March 31, 2012

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collected. The owner or operator shall send subsequent reports no later than 12 calendar months following the previous report (after receiving a Class I permit, the owner or operator shall submit these reports semiannually). The facility’s manager shall sign the report.

Historical ote New Section adopted by final rulemaking at 5 A.A.R. 3058, effective August 10, 1999 (Supp. 99-3). Amend ed by final rulemaking at 13 A.A.R. 2157, effective Au gust

4, 2007 (Supp. 07-2).

R18-2-733. Incorporation of Federal Standards of Per formance for Mercury Emissions from Coal-Fired Electri c Steam Generating Units

A. The provisions of 40 CFR §§ 60.4101-4176, subpart H HHH, Emission Guidelines and Compliance Times for Coal-F ired Electric Steam Generating Units, as of July 1, 2006 (and no future amendments or editions) are incorporated by reference, as modified by subsection (B), and are on file withthe Department. The definitions of terms in 40 CFR § 60.4102 shall apply to this Section.

B. The introductory language preceding paragraph (1) i n subsection 60.4142(c) is replaced with the following: “Fo r each control period in 2010 and thereafter, the permitting authority shall allocate Hg allowances to Hg Budget units in the state that commenced operation on or after January 1, 200 1, and
that have not been allocated allowances for that co ntrol period pursuant to § 60.4141(b) in accordance with the fol lowing:”

Historical ote New Section made by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4).

R18-2-733.01. Additional Mercury Allowance Acquisit ion Requirements for Coal-Fired Electric Steam Generati ng Units

A. The provisions of 40 CFR §§ 60.4102, 60.4154 and 60 .4160, as of July 1, 2006 (and no future amendments or edi tions) are incorporated by reference and on file with the Department.
When the same term is defined in R18-2-701 and in 4 0 CFR § 60.4102, the definition of the term in 40 CFR § 60. 4102 shall apply to this Section. The following additional def initions shall apply to this Section: 1. “Annual allocated allowances” for a control perio d means
the number of allowances allocated to all electric generating units at an existing electric generating plant for the control period. 2. “Banked allocated allowances” for a control perio d means the amount, if any, by which the total allocated allowances for an existing electric generating plan t for the immediately preceding control period exceeded the total Hg emissions in ounces per year from the plan t for the immediately preceding control period. 3. “Compliant emission level” means the amount of Hg that an electric generating plant would have emitted if it were in compliance with the emission standard in R18-2- 734(B) without regard to whether the plant qualifie s for an exemption under R18-2-734(G) and (H). 4. “Total allocated allowances” for a control periodmeans the sum of the annual allocated allowances for the control period and the banked allocated allowances for the control period.

B. Beginning with the allowance transfer deadline in 2 014, the owner or operator of an existing electric generatin g plant must hold in its compliance account on the allowance transfer deadline allowances equal to the following: 1. Hg emissions for the preceding control period; an d 2. Twice the amount, if any, by which emissions for the preceding control period exceed the greater of the tot al allocated allowances or the compliant emission level fo r the preceding control period.

C. Beginning in the control period for 2013, the owneror operator of an existing electric generating plant shall transfer to the Department’s general account in accordance with 40 CFR § 60.4160 allowances equal to the amount, if any, by which total Hg emissions from the plant during the control peri od exceed the greater of the total allocated allowances or th e compliant
emission level.

D. The owner or operator of an existing electric steam generating plant shall complete the transfer required by subse ction (C) within 30 days after the Administrator deducts all allowances required to be deducted by 40 CFR § 60.4154 for the control period.

E. Allowances held in the Department’s general account under subsection (C) are not available for transfer.

F. For purposes of determining compliance with subsect ions (B) and (C), the Department shall treat allowances as b eing deducted from the compliance account for an existin g plant in the order prescribed by 40 CFR § 60.4154(c)(2), reg ardless of any instructions provided to the Administrator unde r 40 CFR § 60.4154(c)(1).

Historical ote New Section made by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4).

R18-2-734. State Standards of Performance for Mercur y Emissions from Coal-Fired Electric Steam GeneratingUnits

A. The requirements of this Section apply to owners an d operators of electric generating units.

B. Except as provided in subsections (G) and (H), roll ing 12- month average mercury emissions from an electric ge nerating plant shall not exceed 10 percent of inlet mercury or 0.0087 pound per gigawatt-hour, whichever is greater. Merc ury emissions from an electric generating unit, when averag ed with emissions from other electric generating units at the same electric generating plant, shall comply with this limit for the 12 calendar months ending on the later of the followin g, and each subsequent 12-calendar month period: 1. December 31, 2013; or 2. Twelve full calendar months after the electric ge nerating unit starts commercial operation.

C. The Director shall determine compliance with the em ission standards in subsection (B), the emission level est ablished under subsection (H)(7), and the emission limit est ablished under subsection (I) according to the method set fo rth at 40 CFR § 60.50a(h), as of July 1, 2006 (and no future amendments or editions), which is incorporated by refere nce and on file with the Department.

D. The owner or operator of an electric generating plant subject to this Section shall measure, record, and report the mercury in the exhaust gases according to 40 CFR §§ 60.49a(p), 60.4170- 60.4176, and 40 CFR Part 75, Subpart I, as of July 1, 2006 (and no future amendments or editions), which are i ncorporated by reference and on file with the Department.

E. By January 1, 2008, the owner or operator of an ele ctric generating plant that commenced construction before that date shall submit an application for a significant permit revi sion under R18-2-320 to incorporate the monitoring, recordkeep ing and reporting requirements of subsections (C) and (D) i nto the plant’s permit.

F. By January 1, 2009, the owner or operator of an ele ctric generating plant that commenced construction before that date shall submit an application for a significant permit revi sion underArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 103 Supp. 12-1 R18-2-320 to incorporate the emission standards in subsection (B) into the plant’s permit. The application shall include a control strategy for meeting the emission standards an d a demonstration that the control strategy is projected to meet the
standards.

G. An electric generating plant shall be exempt from the standard in subsection (B) until November 30, 2014, if: 1. The owner or operator of the electric generating plant installs and operates control technology or boiler technology or follows practices projected to meet the stan dard in subsection (B) according to the control strategy ap proved as part of the electric generating plant’s permit; 2. The owner or operator operates and maintains the electric generating plant, including any associated air poll ution control equipment, in a manner consistent with goodair pollution control practices for minimizing mercury emissions; 3. The control strategy fails to result in emissions meeting the standard in subsection (B); 4. By January 31, 2014, the owner or operator notifi es the Department of the failure to comply with subsection (B) and of the owner or operator’s intent to qualify fo r an exemption under this subsection or subsection (H); and 5. Emissions of mercury from the electric generatingplant comply with subsection (B) by no later than Decembe r 31, 2014.

H. An electric generating plant shall be exempt from the standard in subsection (B) if: 1. The owner or operator of the electric generating plant installs and operates control technology or boiler technology or follows practices projected to meet the stan dard in subsection (B) according to the control strategy ap proved as part of the electric generating plant’s permit; 2. The owner or operator operates and maintains the electric generating plant, including any associated air poll ution control equipment, in a manner consistent with goodair pollution control practices for minimizing mercury emissions; 3. The control strategy fails to result in emissions meeting the standard in subsection (B); 4. By January 31, 2014, the owner or operator notifi es the Department of the failure to comply with subsection (B) and of the owner or operator’s intent to qualify fo r an exemption under this subsection or subsection (G); and 5. By December 31, 2014, the owner or operator files an application for a significant permit revision conta ining an analysis of the incremental best available control technology; 6. The Department does not deny the application for a permit revision filed under subsection (5); and 7. From January 1, 2014, until the end of the 35th full calendar month after the Department issues a permit revi sion under subsection (I), rolling 12-month mercury emis sions from the electric generating plant do not exceed th e greater of the following amounts as measured for th e plant during calendar year 2013: a. The percentage of inlet mercury actually emitted minus 10 percent of the percentage control achieved ;

orb. Actual mercury emissions in pounds per gigawatthour plus 10 percent.

I. A permit revision issued in response to an applicat ion submitted under subsection (H)(5) shall impose incrementa l best available control technology. Beginning at the end of the 36th full calendar month after the Department issues a p ermit revision under this subsection, rolling 12-month mercury emissions from the electric generating plant shall not exceed the emission limit imposed under this subsection.

J. After December 31, 2015, any best available control technology analysis for a new electric generating unit con ducted

under R18-2-406 shall consider alternative technolo gies for
combustion of coal and coal-derived fuels. This sub section does not diminish the Department’s authority under R18-2-

406.

Historical ote New Section made by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4).Supp. 12-1 Page 104 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Table 1. Emission Limitations for Small, Medium, and Large HMIWI

Historical ote Table 1 adopted by final rulemaking at 5 A.A.R. 305 8, effective August 10, 1999 (Supp. 99-3).

Table 2. Emissions Limitations for Rural HMIWI

Historical ote

Table 2 adopted by final rulemaking at 5 A.A.R. 305 8, effective August 10, 1999 (Supp. 99-3). Pollutant

Particulate matter

Carbon monoxide

Dioxin/furans

Hydrogen chloride

Sulfur dioxide

Nitrogen oxides

Lead

Cadmium

Mercury Units (7% oxygen, dry basis)

Milligrams per dry standard cubic meter (grains per dry standard cubic foot).

Parts per million by volume

Nanograms per dry standard cubic meter total dioxin/furans (grains per billion dry standard cubi c feet) or nanograms per dry standard cubic meter toxic equivalent quantity (grains per billion dry standard cubic feet).

Parts per million by volume or percent reduction.

Parts per million by volume

Parts per million by volume

Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction

Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction

Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction Emission Limitation

Small HMIWI

115 (0.05)

40

125 (55) or 2.3 (1.0)

100 or 93%

55

250

1.2 (0.52) or
70%

0.16 (0.07) or
65%

0.55 (0.24) or
85% Medium
HMIWI

69 (0.03)

40

125 (55) 2.3 (1.0)

100 or 93%

55

250

1.2 (0.52) or
70%

0.16 (0.07) or
65%

0.55 (0.24) or
85% Large

HMIWI

34 (0.015)

40

125 (55) or 2.3 (1.0)

100 or 93%

55

250

1.2 (0.52) or
70%

0.16 (0.07) or
65%

0.55 (0.24) or
85%

Pollutant

Particulate matter

Carbon monoxide

Dioxin/furans

Hydrogen chloride

Sulfur dioxide

Nitrogen oxides

Lead

Cadmium

Mercury Units (7% oxygen, dry basis)

Milligrams per dry standard cubic meter (grains per dry standard cubic foot)

Parts per million by volume

Nanograms per dry standard cubic meter total dioxin/ furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter toxic equivalent quantity (grains per billion dry standard cubic feet)

Parts per million by volume

Parts per million by volume

Parts per million by volume

Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)

Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet)

Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) Emission Limitation

197 (0.086)

40

800 (350) or 15 (6.6)

3100 (1.0)

55

250

10 (4.4)

4 (1.7)

7.5 (3.3)Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 105 Supp. 12-1 ARTICLE 8. EMISSIOS FROM MOBILE SOURCES (EW

AD EXISTIG)

R18-2-801. Classification of Mobile Sources

A. This Article is applicable to mobile sources which either move while emitting air contaminants or are frequently m oved during the course of their utilization but are not cla ssified as motor vehicles, agricultural vehicles, or agricultural equipment used in normal farm operations.

B. Unless otherwise specified, no mobile source shall emit smoke or dust the opacity of which exceeds 40%.

Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1).
Former Section R18-2-801 renumbered to Section R18- 2- 901, new Section R18-2-801 renumbered from R18-2- 601 effective November 15, 1993 (Supp. 93-4).

R18-2-802. Off-road Machinery

A. No person shall cause, allow or permit to be emitte d into the atmosphere from any off-road machinery, smoke for any period greater than 10 consecutive seconds, the opa city of which exceeds 40%. Visible emissions when starting cold equipment shall be exempt from this requirement for the first

10 minutes.

B. Off-road machinery shall include trucks, graders, s crapers, rollers, locomotives and other construction and min ing machinery not normally driven on a completed public roadway.

Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3).
Former Section R18-2-802 renumbered to Section R18- 2- 902, new Section R18-2-802 renumbered from R18-2- 602 effective November 15, 1993 (Supp. 93-4).

R18-2-803. Heater-planer Units No person shall cause, allow or permit to be emitte d into the atmosphere from any heater-planer operated for the purp ose of reconstructing asphalt pavements smoke the opacity of wh ich exceeds 20%. However three minutes’ upset time in any one h our shall not
constitute a violation of this Section.

Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3).
Former Section R18-2-803 renumbered to Section R18- 2- 903, new Section R18-2-803 renumbered from R18-2- 603 effective November 15, 1993 (Supp. 93-4).

R18-2-804. Roadway and Site Cleaning Machinery

A. No person shall cause, allow or permit to be emitte d into the atmosphere from any roadway and site cleaning machi nery smoke or dust for any period greater than 10 consec utive seconds, the opacity of which exceeds 40%. Visible emi ssions when starting cold equipment shall be exempt from t his requirement for the first 10 minutes.

B. In addition to complying with subsection (A), no pe rson shall cause, allow or permit the cleaning of any site, ro adway, or alley without taking reasonable precautions to prev ent particulate matter from becoming airborne. Reasonable prec autions may include applying dust suppressants. Earth or other material shall be removed from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water or by other means. Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1).
Former Section R18-2-804 renumbered to Section R18- 2- 904, new Section R18-2-804 renumbered from R18-2- 604 effective November 15, 1993 (Supp. 93-4).

R18-2-805. Asphalt or Tar Kettles

A. No person shall cause, allow or permit to be emitte d into the atmosphere from any asphalt or tar kettle smoke for any period greater than 10 consecutive seconds, the opacity of which
exceeds 40%.

B. In addition to complying with subsection (A), no pe rson shall cause, allow or permit the operation of an asphalt or tar kettle without minimizing air contaminant emissions by uti lizing all of the following control measures: 1. The control of temperature recommended by the asp halt or tar manufacturer; 2. The operation of the kettle with lid closed excep t when charging; 3. The pumping of asphalt from the kettle or the drawing of asphalt through cocks with no dipping; 4. The dipping of tar in an approved manner; 5. The maintaining of the kettle in clean, properly adjusted, and good operating condition; 6. The firing of the kettle with liquid petroleum ga s or other fuels acceptable to the Director.

Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3).
Former Section R18-2-805 renumbered to Section R18- 2- 905, new Section R18-2-805 renumbered from R18-2- 605 effective November 15, 1993 (Supp. 93-4).

ARTICLE 9. EW SOURCE PERFORMACE STADARDS

R18-2-901. Standards of Performance for ew Stationa ry Sources Except as provided in R18-2-902 through R18-2-905, the following subparts of 40 CFR 60, New Source Performance Stand ards (NSPS), and all accompanying appendices, adopted as of July 1, 2006, and no future editions or amendments, are inc orporated by reference as applicable requirements. These standar ds are on file with the Department and shall be applied by the Dep artment. These

standards can be obtained from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington D.C. 20402-9328. 1. Subpart A - General Provisions. 2. Subpart D - Standards of Performance for Fossil-F uelFired Steam Generators for Which Construction is Co mmenced After August 17, 1971. 3. Subpart Da - Standards of Performance for Electri c Utility Steam Generating Units for Which Construction i s Commenced After September 18, 1978.4. Subpart Db - Standards of Performance for Industrial-Commercial-Institutional Steam Generating Uni ts. 5. Subpart Dc - Standards of Performance for Small I ndustrial-Commercial-Institutional Steam Generating Uni ts. 6. Subpart E - Standards of Performance for Incinerators. 7. Subpart Ea - Standards of Performance for Municip al
Waste Combustors for Which Construction is Commenced after December 20, 1989 and on or Before Sep

tember 20, 1994. 8. Subpart Eb - Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced after September 20, 1994 or for WhichSupp. 12-1 Page 106 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Modification or Reconstruction is Commenced After June 19, 1996. 9. Subpart Ec - Standards of Performance for Hospita l/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996. 10. Subpart F - Standards of Performance for Portlan d
Cement Plants. 11. Subpart G - Standards of Performance for Nitric Acid

Plants. 12. Subpart H - Standards of Performance for Sulfuri c Acid
Plants. 13. Subpart I - Standards of Performance for Hot Mix Asphalt Facilities. 14. Subpart J - Standards of Performance for Petrole um Refineries. 15. Subpart K - Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Recon

struction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. 16. Subpart Ka - Standards of Performance for Storag e Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984. 17. Subpart Kb - Standards of Performance for Volati le Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Rec onstruction, or Modification Commenced after July 23,

1984. 18. Subpart L - Standards of Performance for Secondary Lead Smelters. 19. Subpart M - Standards of Performance for Secondary Brass and Bronze Production Plants. 20. Subpart N - Standards of Performance for PrimaryEmissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973. 21. Subpart Na - Standards of Performance for Second ary Emissions from Basic Oxygen Process Steelmaking
Facilities for Which Construction is Commenced Afte r January 20, 1983. 22. Subpart O - Standards of Performance for Sewage Treatment Plants. 23. Subpart P - Standards of Performance for Primary Copper
Smelters. 24. Subpart Q - Standards of Performance for PrimaryZinc

Smelters. 25. Subpart R - Standards of Performance for Primary Lead
Smelters. 26. Subpart S - Standards of Performance for PrimaryAluminum Reduction Plants. 27. Subpart T - Standards of Performance for Phospha te Fertilizer Industry: Wet-Process Phosphoric Acid Plant s. 28. Subpart U - Standards of Performance for Phospha te Fertilizer Industry: Superphosphoric Acid Plants. 29. Subpart V - Standards of Performance for Phospha te Fertilizer Industry: Diammonium Phosphate Plants. 30. Subpart W - Standards of Performance for Phosphate Fertilizer Industry: Triple Superphosphate Plants. 31. Subpart X - Standards of Performance for Phospha te Fertilizer Industry: Granular Triple Superphosphate St orage Facilities. 32. Subpart Y - Standards of Performance for Coal Pr eparation Plants. 33. Subpart Z - Standards of Performance for Ferroal loy Production Facilities. 34. Subpart AA - Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983. 35. Subpart AAa - Standards of Performance for Steel Plants:Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983. 36. Subpart BB - Standards of Performance for Kraft Pulp
Mills. 37. Subpart CC - Standards of Performance for Glass Manufacturing Plants. 38. Subpart DD - Standards of Performance for Grain Elevators. 39. Subpart EE - Standards of Performance for Surfac e Coating of Metal Furniture. 40. Subpart GG - Standards of Performance for Statio nary Gas Turbines. 41. Subpart HH - Standards of Performance for Lime M anufacturing Plants. 42. Subpart KK - Standards of Performance for Lead-A cid Battery Manufacturing Plants. 43. Subpart LL - Standards of Performance for Metall ic Mineral Processing Plants. 44. Subpart MM - Standards of Performance for Automo bile and Light Duty Truck Surface Coating Operations. 45. Subpart NN - Standards of Performance for Phosph ate Rock Plants. 46. Subpart PP - Standards of Performance for Ammoni um Sulfate Manufacture. 47. Subpart QQ - Standards of Performance for Graphi c Arts Industry: Publication Rotogravure Printing. 48. Subpart RR - Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations. 49. Subpart SS - Standards of Performance for Industrial Surface Coating: Large Appliances. 50. Subpart TT - Standards of Performance for Metal Coil Surface Coating. 51. Subpart UU - Standards of Performance for Asphal t Processing and Asphalt Roofing Manufacture. 52. Subpart VV - Standards of Performance for Equipm ent Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry. 53. Subpart WW - Standards of Performance for Bevera ge Can Surface Coating Industry. 54. Subpart XX - Standards of Performance for Bulk G asoline Terminals. 55. Subpart AAA - Standards of Performance for New R esidential Wood Heaters. 56. Subpart BBB - Standards of Performance for Rubbe r Tire Manufacturing Industry. 57. Subpart DDD - Standards of Performance for Volat ile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. 58. Subpart FFF - Standards of Performance for Flexible Vinyl and Urethane Coating and Printing. 59. Subpart GGG - Standards of Performance for Equip ment Leaks of VOC in Petroleum Refineries. 60. Subpart HHH - Standards of Performance for Synth etic
Fiber Production Facilities. 61. Subpart III - Standards of Performance for Volat ile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air
Oxidation Unit Processes. 62. Subpart JJJ - Standards of Performance for Petro leum Dry Cleaners.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 107 Supp. 12-1 63. Subpart KKK - Standards of Performance for Equip ment Leaks of VOC from Onshore Natural Gas Processing

Plants. 64. Subpart LLL - Standards of Performance for Onsho re Natural Gas Processing; SO2 Emissions. 65. Subpart NNN - Standards of Performance for Volat ile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Dis

tillation Operations. 66. Subpart OOO - Standards of Performance for Nonme tallic Mineral Processing Plants. 67. Subpart PPP - Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants. 68. Subpart QQQ - Standards of Performance for VOC E missions From Petroleum Refinery Wastewater Systems. 69. Subpart RRR - Standards of Performance for Volat ile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Pro

cesses. 70. Subpart SSS - Standards of Performance for Magne tic Tape Coating Facilities. 71. Subpart TTT - Standards of Performance for Indus trial Surface Coating: Surface Coating of Plastic Parts f or Business Machines. 72. Subpart UUU - Standards of Performance for Calci ners and Dryers in Mineral Industries. 73. Subpart VVV - Standards of Performance for Polym eric Coating of Supporting Substrates Facilities. 74. Subpart WWW - Standards of Performance for Munic ipal

Solid Waste Landfills. 75. Subpart AAAA - Standards of Performance for Smal l Municipal Waste Combustion Units for Which Construc

tion Is Commenced after August 30, 1999, or for Whi ch
Modification or Reconstruction Is Commenced after June 6, 2001. 76. Subpart CCCC - Standards of Performance for Comm ercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced after November 30, 1999, or for Which Modification or Reconstruction I s Commenced on or after June 1, 2001. 77. Subpart EEEE - Standards of Performance for Othe r Solid Waste Incineration Units for Which Constructi on isCommenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or Afte r June 16, 2006. 78. Subpart FFFF - Standards of Performance for Othe r Solid
Waste Incineration Units for Which Construction is Commenced On or Before December 9, 2004.

Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Se ction R18-2-901 renumbered to R18-2-1101, new Sectio n R18-2-901 renumbered from R18-2-801 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effec tive December 7, 1995 (Supp. 95-4). Amended effective May 9, 1996 (Supp. 96-2). Amended effective April 4

, 1997; filed with the Office of the Secretary of Sta te March 14, 1997 (Supp. 97-1). Amended effective Dece mber 4, 1997 (Supp. 97-4). Amended by final rulemaki ng at 5 A.A.R. 3058, effective August 10, 1999, and at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3)

. Amended by final rulemaking at 6 A.A.R. 4170, effec tive October 11, 2000 (Supp. 00-4). Amended by final rul emaking at 8 A.A.R. 2543, effective May 24, 2002 (Su pp. 02-2). Amended by final rulemaking at 10 A.A.R. 328 1,

effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective Febru ary 4, 2006 (Supp. 05-4). Amended by final rulemaking at 1 3 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4)

.
R18-2-902. General Provisions

A. As used in 40 CFR 60: “Administrator” means the Dir ector of the Arizona Department of Environmental Quality, ex cept that the Director shall not be authorized to approve alt ernate or equivalent test methods or alternative standards orwork practices.

B. From the general standards identified in R18-2-901, delete the following: 1. 40 CFR 60.4. All requests, reports, applications, submittals, and other communications to the Director purs uant
to this Article shall be submitted to the Arizona D epartment of Environmental Quality, Air Quality Division

, 1110 West Washington Street, Phoenix, Arizona 85007

. 2. 40 CFR 60.5 and 60.6.

C. The Director shall not be delegated authority to de al with equivalency determinations or innovative technology waivers as covered in Sections 111(h)(3) and 111(j) of the Act.

Historical ote Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Section R18-2-902 renumbered to R18-2-1102, new Sec

tion R18-2-902 renumbered from R18-2-802 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amend ed by final rulemaking at 13 A.A.R. 4199, effective January

5, 2008 (Supp. 07-4).

R18-2-903. Standards of Performance for Fossil-fuel Fired

Steam Generators As exceptions to 40 CFR 60.40 through 60.47: 1. In place of 40 CFR 60.43(a)(2), the following lan guage shall be substituted: 340 nanograms per joule heat input (0.8 pounds per million Btu) derived from solid fos sil
fuel or solid fossil fuel and wood residue. 2. Delete 40 CFR 60.43(b). 3. If an owner or operator of a fossil-fuel fired st eam generator obtained an installation permit for two or mor e fuelburning equipment or steam-power generating install ations before May 14, 1979, that permitted the insta llation to comply with the sulfur dioxide emission standard s specified in R18-2-901 and this Section as if the e quipment or installations were one emission discharge p oint: a. The owner or operator shall comply with the appli

cable sulfur dioxide emission standards in the manner specified in the installation permit; b. The Department shall incorporate the emission standards under subsection (3)(a) into each owner’s or operator’s operating permit as an enforceable permi t condition; c. No single fuel-burning equipment or steam-power generating installation shall emit sulfur dioxide i n excess of: i. 520 nanograms per joule heat input (1.2 pounds per million BTU) for solid fossil fuel or solid fossil fuel and wood residue; or ii. 340 nanograms per joule heat input (0.8 pounds per million BTU) for liquid fossil fuel or liquid
fossil fuel and wood residue. 4. When an owner or operator subject to subsection ( 3) changes the equipment configuration so that each fu el-Supp. 12-1 Page 108 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

burning equipment or steam-powered generating insta llation constitutes one emission discharge point:a. The owner or operator shall comply with the emissions standards specified in subsection (1) and R18

- 2-901; and b. The Department shall incorporate the emissions standards into the owner’s or operator’s operating permit as enforceable permit conditions.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective May 28, 1982 (Supp. 82-3). Former Section R9- 3-903 renumbered without change as Section R18-2-90 3 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1). New Section R18-2-903 renumbered from R18-2-803 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 14 A.A .R. 230, effective March 8, 2008 (Supp. 08-1).

R18-2-904. Standards of Performance for Incinerators

A. Incinerators with a charging rate of more than 45 m etric tons or 49.6 tons per day shall conform to the requireme nts of 40 CFR 60.50 through 60.54.

B. Incinerators with a charging rate of 45 metric tons or 49.6 tons per day or less that commence construction or modif ication after May 14, 1979, shall conform to the requiremen ts of 40 CFR 60.52 through 60.54 and of R18-2-704(A).

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective May 28, 1982 (Supp. 82-3). Former Section R9- 3-904 renumbered without change as Section R18-2-90 4 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1). New Section R18-2-904 renumbered from R18-2-804 and amended effective November 15, 1993

(Supp. 93-4).

R18-2-905. Standards of Performance for Storage Vess els for Petroleum Liquids
In addition to 40 CFR 60.110 - 60.113: 1. Any petroleum liquid storage tank of less than 40 ,000 gallons (151,412 liters) capacity shall be equippedwith a submerged filling device or acceptable equivalent a s determined by the Director for the control of hydro carbon
emissions. 2. All facilities for dock loading of petroleum products having a vapor pressure of 2.0 pounds per square inch absolute, or greater, at loading pressure shall provide for submerged filling or other acceptable equivalent fo r control of hydrocarbon emissions. 3. All pumps and compressors which handle volatile organic compounds shall be equipped with mechanical seals or other equipment of equal efficiency to pre vent the release of organic contaminants into the atmosp here.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective May 28, 1982 (Supp. 82-3). Former Section R9- 3-905 renumbered without change as Section R18-2-90 5 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1). New Section R18-2-905 renumbered from R18-2-805 effective November 15, 1993 (Supp. 93-4).

R18-2-906. Repealed

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective May 28, 1982 (Supp. 82-3). Former Section R9- 3-906 renumbered without change as Section R18-2-90 6 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

R18-2-907. Reserved

R18-2-908. Reserved

R18-2-909. Reserved

R18-2-910. Repealed

Historical ote Adopted effective August 9, 1985 (Supp. 85-4). Form er Section R9-3-910 renumbered without change as Secti on R18-2-910 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

R18-2-911. Reserved

R18-2-912. Reserved

R18-2-913. Repealed

Historical ote Adopted effective August 9, 1985 (Supp. 85-4). Form er Section R9-3-913 renumbered without change as Secti on R18-2-913 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

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

Historical ote Adopted effective August 9, 1985 (Supp. 85-4). Form er Section R9-3-922 renumbered without change as Secti on R18-2-922 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

ARTICLE 10. MOTOR VEHICLES; ISPECTIOS AD

MAITEACE

R18-2-1001. Definitions In this Article, unless the context otherwise requi res: 1. Abbreviations and symbols are as follows: a. “A/F” means air/fuel,
b. “CO” means carbon monoxide.

c. “CO 2 ” means carbon dioxide. d. “EGR” means exhaust gas recirculation. e. “GVWR” means gross vehicle weight rating. f. “HC” means hydrocarbon. g. “HP” means horsepower. h. “LNG” means liquefied natural gas. i. “LPG” means liquid petroleum gas. j. “MIL” means Malfunction Indicator Lamp. k. “MPH” means miles per hour.
l. “MVD” means the Motor Vehicle Division of the Arizona Department of Transportation. m. “NDIR” means nondispersive infrared.n. “NOx” means the sum of nitrogen oxide and nitrogen dioxide. o. “%” means percent. p. “OEM” means original equipment manufacturer.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 109 Supp. 12-1

q. “OBD” means On-Board Diagnostics. r. “PCV” means positive crankcase ventilation. s. “PPM” means parts per million by volume. t. “RPM” means revolutions per minute.
u. “VIN” means vehicle identification number. 2. “Annual test” means any vehicle emissions test th at is not
a biennial test. 3. “Apportioned vehicle” means a vehicle that is sub ject to the proportional registration provisions of A.R.S. § 28-

2233. 4. “Area A” has the meaning in A.R.S. § 49-541. 5. “Area A vehicle” means a motor vehicle subject to emissions inspection and that is: a. Registered or to be registered within area A; b. Owned by or leased to a person having a valid fle et permit and customarily kept in area A; c. A government vehicle customarily kept in area A; d. Used to commute to the driver’s principal place o f employment located in area A; or e. Parked, will be parked, or is the subject of a pa rking permit application at an institution located in are a A and subject to the requirements of A.R.S. §§ 15- 1444(C) or 15-1627(G). 6. “Area B” has the meaning in A.R.S. § 49-541. 7. “Area B vehicle” means a motor vehicle subject to emissions inspection and that is: a. Registered or to be registered within area B; b. Owned by or leased to a person having a valid fle et permit and customarily kept in area B; c. A government vehicle customarily kept in area B; d. Used to commute to the driver’s principal place o f employment located in area B; or e. Parked, will be parked, or is the subject of a pa rking permit application at an institution located in are a B and subject to the requirements of A.R.S. §§ 15- 1444(C) or 15-1627(G).
8. “Biennial test” means the transient loaded emissi ons test and evaporative system tests required under R18-2- 1006(E)(2), or the OBD test for area A vehicles und er R18-1006(E)(3). 9. “Calibration gas” means a gas with assigned conce ntrations of CO, hexane, or CO 2 that is used by a state inspector to check the accuracy of emissions analyzers. 10. “Certificate of compliance” means a serially num bered document issued by a state station at the time of a vehicle inspection indicating that the vehicle has met the emissions standards. 11. “Certificate of exemption” means a serially numb ered document issued by the Director exempting a vehicle from inspection that is not available within the st ate for an inspection during the 90 days before the emissio ns compliance expiration date. 12. “Certificate of inspection” means a serially numbered document issued by the Director indicating that a v ehicle has been inspected under A.R.S. § 49-546 and has pa ssed inspection. 13. “Certificate of waiver” means a serially numbere d document issued by the Department or a fleet inspector other
than an auto dealer licensed to sell used motor veh icles under A.R.S. Title 28, indicating that the requirem ent of passing reinspection has been waived for a vehicle under A.R.S. § 49-542. 14. “Conditioning mode” means either a fast idle con dition or
a loaded condition as defined in this Section. 15. “Constant 4-wheel drive vehicle” means any 4-whe el
drive vehicle that cannot be converted to 2-wheel d rive except by disconnecting one of the vehicle’s drive shafts. 16. “Constant volume sampler” means a system that di lutes engine exhaust to be sampled with ambient air so th at the

total combined flow rate of exhaust and dilution ai r mix is nearly constant for all engine operating conditions

. 17. “Contractor” means a person, business, firm, partnership, or corporation with whom the Director has a contrac t that provides for the operation of one or more official emissions inspection stations.

18. “Curb idle test” means an exhaust emissions testconducted with the engine of the vehicle running at th e manufacturer’s idle speed ± 100 RPM but without pressure exerted on the accelerator. 19. “Curb weight” means a vehicle’s unloaded weight without fuel and oil plus 300 pounds. 20. “Dealer” means a person or organization licensedby the Arizona Department of Transportation as a new motor vehicle dealer, used motor vehicle dealer, or motor cycle

dealer. 21. “Department” means the Department of Environment al Quality. 22. “Director” means the Director of the Department of Environmental Quality. 23. “Director’s certificate” means a serially number ed document issued by the Director in certain circumstance s for the vehicle to show evidence of meeting the minimum standards for registration or reregistration under R18-2-

1019 or R18-2-1022. 24. “Electrically-powered vehicle” means a vehicle t hat uses electricity as the means of propulsion and does not require the combustion of fossil fuel within the co nfines of the vehicle to generate electricity. 25. “Emissions compliance expiration date” means: a. Each registration expiration date for a vehicle s ubject to an annual test; and b. The registration expiration date in the second ye ar after the initial biennial test required under this Article or R18-2-1005(B) for a vehicle subject to a bie nnial test. 26. “Emissions inspection station permit” means a ce rtificate issued by the Director authorizing the holder to pe rform vehicle emissions inspections under this Article. 27. “Exhaust emissions” means products of combustionemitted into the atmosphere from any opening in the exh aust system downstream of the exhaust ports of a motor v ehicle engine. 28. “Exhaust pipe” means the pipe that attaches to the muffler and exits the vehicle. 29. “Fast idle condition” means to operate a vehicle by running the engine at 2,500 RPM, ± 300 RPM, for up to 30 seconds, with the transmission in neutral, to prepare the vehicle for a subsequent curb idle test. 30. “Fast pass or fast fail algorithm” means a proce dure in a vehicle emissions testing system that logically det ermines whether a vehicle will pass or fail the transient l oaded emissions test under R18-2-1006(E)(2) before the te st is

over. 31. “Fleet emissions inspection station” or “fleet s tation” means any vehicle emissions inspection facility ope rated under a permit issued under A.R.S. § 49-546. 32. “Fuel” means any material that is burned within the confines of a vehicle to propel the vehicle.Supp. 12-1 Page 110 March 31, 2012

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33. “Four-stroke vehicle” means a vehicle equipped w ith an engine that requires two revolutions of the cranksh aft for each piston power stroke.
34. “Golf cart” means a motor vehicle that has not l ess than three wheels in contact with the ground, has an unl aden weight less than 1,300 pounds, is designed to be an d is operated at not more than 15 MPH, and is designed t o carry golf equipment and persons. 35. “Government vehicle” means a registered motor ve hicle exempt from the payment of a registration fee, or afederally owned or leased vehicle. 36. “Gross vehicle weight rating” (GVWR) means the m aximum vehicle weight that a vehicle is designed for a s established by the manufacturer. 37. “Inspection” means the mandatory vehicle emissio ns inspection including the tampering inspection. 38. “Inspection sticker” means a self-adhesive, seri ally numbered rectangular sticker indicating a government v ehicle has met Arizona emissions inspection requirements.
39. “Loaded condition” means to condition a vehicle by running the vehicle on a chassis dynamometer at a spec ified speed and load for no more than 30 seconds to prepare the vehicle for a subsequent curb idle test.

40. “Loaded cruise test” means an exhaust emissions test conducted on a chassis dynamometer under R18-2-1006(E)(1)(a) and (F)(2)(a).

41. “Mass emissions measurement” means measurement o f a vehicle’s exhaust in mass units such as grams. 42. “Model year” means the date of manufacture of th e original vehicle within the annual production period of the vehicle as designated by the manufacturer or, if a reconstructed vehicle, the first year of titling. 43. “MOL percent” means the percent, by volume, thata particular gas occupies in a mixture of gases at a uni form
temperature. 44. “Motorcycle” means a motor vehicle, other than a tractor, having a seat or saddle for use of the rider and de signed to
travel on not more than three wheels in contact wit h the ground.
45. “Motorhome” means a vehicle built on a truck or bus chassis and equipped as a self-contained traveling home. 46. “New aftermarket catalytic converter” or “new aftermarket converter” means a catalytic converter, except for an OEM, that meets the standards under 40 CFR 86. 47. “Official emissions inspection station” means aninspection facility, other than a fleet emissions inspect ion station, whether placed in a permanent structure or in a mobile unit for conveyance to various locations within the state, for the purpose of conducting inspection s under A.R.S. § 49-542. 48. “On-board diagnostics test” means a method of em issions testing using the on-board computer systems of a 19 96 or newer vehicle, to diagnose and report on the status of the engine’s emissions systems by connecting a scan too l to
the vehicle’s data link connector. 49. “Opacity” means the degree of absorption of tran smitted light. 50. “Operational air pump” means an air injection sy stem to supply additional air into the exhaust system to pr omote further oxidation of HC and CO gases and to assist in catalytic reaction. 51. “Person” means the federal government, state, orany federal or state agency or institution, any municipali ty, political subdivision, public or private corporation, in dividual, partnership, association, or other entity, and incl udes any officer or governing or managing body of any municipality, political subdivision, or public or private co rporation. 52. “Reconditioned OEM catalytic converter” or “reco nditioned OEM converter” means a used OEM reconditioned equivalent or an OEM converter that has had the pellets replaced with new or used OEM equivalent pe llets
and that also meets the standards under 40 CFR 86. 53. “Recognized repair facility” means a business wi th an Arizona transaction privilege tax license whose pri mary purpose is vehicle repair, and who has at least one employee with a nationally recognized certificationfor emissions-related diagnosis and repair.
54. “Reconstructed vehicle” means: a. A reconstructed special as identified by the code letters “SP” on the section of the vehicle’s Arizona r egistration card or Arizona certificate of title rese rved for identification of the vehicle’s style; or b. A vehicle in which the vehicle style is not shown on the Arizona registration card or certificate of tit le,and the original manufacturer of the complete vehicle cannot be identified from the body. 55. “Standard gases” means gases maintained as a pri mary standard for determining the composition of working gases, calibration gases, or the accuracy of an emi ssions analyzer. 56. “State inspector” means an employee of the Department designated to perform quality assurance or waiver functions under this Article. 57. “State station” means an official emissions insp ection station operated by a contractor. 58. “Tampering” means removing, defeating, or alteri ng an emissions control device that was installed on a ve hicle at the time the vehicle was manufactured. For the purp oses of this Article, defeating includes failure to repa ir any malfunctioning emission control system or device. 59. “Two-stroke vehicle” means a vehicle equipped wi th an engine that requires one revolution of the cranksha ft for each power stroke.

60. “Unloaded fast idle test” means an exhaust emiss ions test conducted with the engine of the vehicle running at 2,500

RPM. 61. “Vehicle” means any automobile, truck, truck tra ctor, motor bus, or self-propelled or motor-driven vehicl e registered or to be registered in this state and used upon the public highways of this state for the purpose of transporting persons or property, except implements of husbandry, roadrollers, or road machinery temporarily operated upon the highway. 62. “Vehicle emissions inspector” means an individua l who is licensed by the Director to perform vehicle emissio ns inspections under this Article. 63. “Working gases” means gases maintained to perform periodic calibration of an emissions analyzer.

Historical ote Former Section R9-3-1001 repealed, new Section R9-3

- 1001 adopted effective January 13, 1976 (Supp. 76-1 ). Former Section R9-3-1001 repealed, former Section R 9-
3-1002 renumbered and amended as Section R9-3-1001 effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp . 86- 6). Former Section R9-3-1001 renumbered as Section R18-2-1001 and amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A. R. 382, effective December 20, 1999 (Supp. 99-4).Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 111 Supp. 12-1 Amended by final rulemaking at 8 A.A.R. 90, effecti ve

January 1, 2002 (Supp. 01-4).

R18-2-1002. Reserved

R18-2-1003. Vehicles to be Inspected by the Mandator y Vehicle Emissions Inspection Program

A. The following vehicles shall be inspected accordingto this
Article at a state station or a fleet station unles s exempted by subsection (B): 1. A vehicle to be registered or reregistered within area A or area B for highway use. For the purposes of this Article, registration or reregistration within area A or are a B shall be determined by the vehicle owner’s permanent and actual residence. The permanent address in the MVD database shall be presumed to be the owner’s perman ent and actual residence. A post office box address lis ted on a title or registration document under A.R.S. § 28-20 51(C) is not evidence of the owner’s permanent and actualresidence; 2. Each vehicle delivered to a retail purchaser by a dealer licensed to sell used motor vehicles for highway us e under A.R.S. Title 28 and whose place of business i s located in area A or area B; 3. Each vehicle registered outside area A and area B but used to commute to the driver’s principal place of employment located within area A or area B; 4. Each vehicle owned by a person who is subject to A.R.S. §§ 15-1444(C) or 15-1627(G); and
5. An area A or area B vehicle located out-of-state for more than 90 days before vehicle registration expiration shall be emissions tested at an official emissions inspec tion testing center in the area where it is located. If no official emissions testing program is available in the area for that vehicle, the vehicle shall meet the testing require ments under this Article within 15 calendar days of retur ning to

Arizona.

B. The following vehicles are exempt from the inspecti on requirements of this Article:

1. A vehicle manufactured in or before the 1966 mode l year; 2. A vehicle leased to a person residing outside are a A and area B by a leasing company whose place of business is in area A or area B, except as provided in subsecti on (A)(3); 3. A vehicle sold between motor vehicle dealers; 4. An electrically-powered vehicle; 5. An apportioned vehicle; 6. A golf cart; 7. A vehicle with an engine displacement of less than 90 cubic centimeters; 8. A vehicle registered at the time of change of nam e of ownership except when: a. The change in registration is accompanied by the required fee for the year following expiration of the prior registration, or b. The change results from the sale by a dealership whose place of business is located in area A or are a B;
9. A vehicle for which a current certificate of exem ption or Director’s certificate is issued; 10. A vehicle of a model year the same as, or newer than, the current calendar year and a vehicle of the prior fo ur model years, except: a. A reconstructed vehicle; b. An alternative fuel vehicle, as defined in A.R.S. § 43-1086, and c. A vehicle failing an emissions inspection the own er chooses to have under A.R.S. § 49-543. 11. A vehicle designed to operate exclusively on hydrogen, as defined in A.R.S. § 1-215.

C. Government vehicles operated in area A or area B an d not exempted by this Article shall be emissions inspect ed according to R18-2-1017.

Historical ote Former Section R9-3-1003 repealed, new Section R9-3

- 1003 adopted effective January 13, 1976; Amended as an emergency effective January 19, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1003 as amended effective January 3, 1979 and amended as an emergen cy effective January 2, 1981 now amended effective Apr il 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (A) effective January 1, 1987, filed December 31, 1986 (Supp. 86- 6).

Former Section R9-3-1003 renumbered as Section R18- 2-1003 and amended effective August 1, 1988 (Supp. 88- 3). Amended effective September 19, 1990 (Supp. 90- 3). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 382, effect ive December 20, 1999 (Supp. 99-4). Amended by final ru lemaking at 6 A.A.R. 2722, effective June 28, 2000 (S upp. 00-2). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4).

R18-2-1004. Repealed

Historical ote Former Section R9-3-1004 repealed, new Section R9-3

- 1004 adopted effective January 13, 1976 (Supp. 76-1 ). Amended effective January 3, 1977 (Supp. 77-1). Former Section R9-3-1004 renumbered as Section R18-2-1004 and amended effective August 1, 1988 (Supp. 88-3). Section repealed by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4).

R18-2-1005. Time of Inspection

A. Area A vehicles subject to an annual test, all area B vehicles, and vehicles sold or offered for sale by dealers re quired to be inspected under R18-2-1003, shall be inspected at the following times: 1. For a vehicle not covered by a fleet station perm it, within 90 days before each registration expiration date; 2. For a vehicle sold by a dealer licensed to sell u sed motor vehicles under A.R.S. Title 28, whose place of busi ness is located in area A or area B, before delivery of the vehicle to the retail purchaser; 3. For a consignment vehicle offered for sale by a d ealer
licensed to sell used motor vehicles under A.R.S. Title 28 whose place of business is located in area A or are a B, before delivery of the vehicle to the retail purcha ser. The consignment vehicle shall be inspected at a state s tation according to R18-2-1006; 4. For government vehicles: a. For a vehicle not exempt under R18-2-1003(B)(10), within 12 months after acquisition by the operating entity and then annually on or before the anniversary date of the previous inspection; b. For a vehicle exempt under R18-2-1003(B)(10), within 90 days after the vehicle becomes subject toSupp. 12-1 Page 112 March 31, 2012

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testing, and then annually on or before the anniver

sary date of the previous inspection and; c. A vehicle is subject to testing on the anniversar y of its date of acquisition; 5. For a vehicle owned by or leased to a person havi ng a valid fleet station permit, at least once within ea ch 12-month period following any original registration or reregistration; 6. For a vehicle to be registered in area A or area B under conditions not specified in subsection (1) through (5), within 90 days before registration; 7. For a vehicle registered outside area A and area B and used to commute to the driver’s principal place of work located in area A or area B, upon vehicle registrat ion or reregistration; 8. For a vehicle owned by a person subject to A.R.S. §§ 15-1444(C) or 15-1627(G), within 30 calendar days following the date of initial registration at the inst itution located in area A or area B and annually thereafter ; and 9. For a vehicle issued a certificate of exemption u nder R18- 2-1023, within 15 calendar days after returning to Arizona, unless an official emissions inspection docum ent from the out-of-state emissions inspection station is submitted with the request for exemption.

B. An area A vehicle subject to a biennial test shall be inspected at the following times: 1. For a vehicle not covered by a fleet station perm it, within 90 days before the vehicle’s emissions compliance e xpiration date. 2. For a government vehicle; a. For a vehicle not exempt under R18-2-1003(B)(10), within 12 months after acquisition by the operating entity, and biennially thereafter, on or before the anniversary date of the previous inspection; b. For a vehicle exempt under R18-2-1003(B)(10), within 90 days after the vehicle becomes subject to testing, and biennially thereafter, on or before th e anniversary date of the previous inspection; and c. The vehicle becomes subject to testing on the ann iversary of its date of acquisition; 3. For a vehicle owned by or leased to a person havi ng a valid fleet station permit, at least once within ea ch successive 24-month period following original registration; 4. For a vehicle registered outside area A but used to commute to the driver’s principal place of work locate d in area A, upon vehicle registration and biennially th ereafter; 5. For a vehicle owned by a person subject to A.R.S. §§ 15-1444(C) or 15-1627(G), within 30 days following the date of initial registration at the institution loc ated in area A and biennially thereafter; 6. For a vehicle to be registered as area A vehicles under conditions not specified in subsections (1) through(5), upon initial registration and within 90 days before the vehicle’s emissions compliance expiration date ther eafter and; 7. For a vehicle issued a certificate of exemption u nder R18- 2-1023, within 15 calendar days after returning to Arizona, unless an official emissions inspection docum ent indicating compliance with the emissions requiremen ts from the out-of-state emissions inspection station is submitted with the request for exemption.

C. A used vehicle not registered as an area A or area B vehicle shall be inspected according to this Article before registration as an area A or area B vehicle unless exempted by R 18-2- 1003(B). D. An area B vehicle being registered in area A is sub ject to the appropriate annual or biennial test from area A before registration even if the emissions compliance period for ar ea B has not yet expired.

E. A new vehicle that is exempt from emissions testing under R18-2-1003(B)(10), and subject to either an annual or biennial test, shall be tested before registration in the ca lendar year that exceeds the vehicle’s model year by five years.

F. Nothing in this Section shall be construed to waive a late registration fee because of failure to meet inspection r equirements by the registration deadline, except that a motor v ehicle that fails the initial or subsequent test shall not be s ubject to a penalty fee for late registration renewal if: 1. The initial test is accomplished before the emiss ions compliance expiration date, and 2. The registration renewal is received by MVD withi n 30 days of the initial test.

G. An owner of a vehicle subject to subsection (A)(1), (A)(6), (B)(1), or (B)(6) may submit the vehicle for emissi ons inspection more than 90 days before the emissions compliance expiration date but the inspection does not satisfy the registration or reregistration testing requirement under R18-2-1 003.

Historical ote Former Section R9-3-1005 repealed, new Section R9-3

- 1005 adopted effective January 31, 1976 (Supp. 76-1 ). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Amended as an emergency effective January 2, 1981 p ursuant to A.R.S. § 41-1003, valid for only 90 days ( Supp. 81-2). Former Section R9-3-1005 as amended effectiv e February 20, 1980 and amended as an emergency effec

tive January 2, 1981, now amended effective April 1 5, 1981 (Supp. 81-2). Amended effective January 1, 198 6 (Supp. 85-6). Amended effective January 1, 1987, fi led December 31, 1986 (Supp. 86-6). Former Section R9-3

- 1005 renumbered as Section R18-2-1005 and subsectio ns (A) and (C) amended effective August 1, 1988 (Supp. 88- 3). Amended effective September 19, 1990 (Supp. 90- 3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effect ive December 20, 1999 (Supp. 99-4). Amended by final ru lemaking at 8 A.A.R. 90, effective January 1, 2002 (S upp. 01-4).

R18-2-1006. Emissions Test Procedures

A. Each vehicle inspected at a state station shall be visually inspected before the emissions test for the followi ng unsafe or
untestable conditions: 1. A fuel leak that causes wetness or pooling of fue l; 2. A continuous engine or transmission oil leak onto the floor; 3. A continuous engine coolant leak onto the floor s uch that the engine is overheating or may overheat within a short time; 4. A vehicle with a tire on a driving wheel with les s than 2/ 32-inch tread, with metal protuberances, unmatched tire size, with obviously low tire pressure as determine d by visual inspection, or any other condition that prec ludes a loaded test for reasons of personnel, equipment, orvehicle safety; 5. An exhaust pipe that does not exit the rear or si de of the vehicle to allow for safe exhaust probe insertion;Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 113 Supp. 12-1 6. An exhaust pipe on a diesel-powered vehicle that does not allow for safe exhaust probe insertion and atta chment of opacity meter sensor units; 7. Improperly operating brakes; 8. Any vehicle modification or mechanical condition that prevents dynamometer operation; and 9. Any other condition deemed unsafe or untestable b y the inspector, including loud internal engine noise or an obvious exhaust leak.

B. A vehicle emissions inspection shall not be perform ed by an official emissions inspection station on any vehicl e towing a heavily loaded trailer, carrying a heavy load, load ed with explosives, or loaded with any hazardous material n ot used as
fuel for the vehicle.

C. Any vehicle unsafe or otherwise untestable as determined by the visual inspection shall be rejected without an emissions test. The inspector shall notify the vehicle owner or operator of all unsafe conditions found on rejected vehicles. T he state station shall not charge a fee if the vehicle is rejec ted. The contractor shall not conduct an emissions test on a ve hicle rejected for a safety reason or any other untestable conditi on until the cause for rejection is repaired.

D. When conducting the emissions test required by this Section, the vehicle emissions inspector shall meet all of the following requirements: 1. The vehicle shall be tested in the condition pres ented, unless rejected under subsection (A), (B), or (C). The vehicle’s engine shall be operating at normal tempe rature and not be overheating as indicated by a gauge, war ning light, or boiling radiator. All of the vehicle’s ac cessories shall be turned off during testing. 2. A vehicle designed to operate with more than one fuel

shall be tested on the fuel in use when the vehicle is presented for inspection, except alternative fuel vehi cles, as defined in A.R.S. § 43-1086. The inspector shall te st the

alternative fuel vehicle on each fuel for which it is intended to operate, using the appropriate emission s test procedure and standards for that vehicle. The alter native

fuel vehicle shall:a. Be operated a minimum of 30 seconds before testing, after switching fuels; b. Be rejected if it is not able to operate on both fuels;
and c. Be rejected if the vehicle operator cannot switch

fuels. 3. A vehicle operated exclusively on propane or natu ral gas, as defined in A.R.S. § 1-215, shall be exempt from the gas cap and evaporative pressure testing described in subsection (E)(6)(b)(ii), (E)(7)(a), and (F)(7)(a).

E. In area A, the inspection test procedures for a veh icle other than a diesel-powered vehicle or a vehicle held for resale by a
fleet-licensed motor vehicle dealer shall consist o f the following: 1. A vehicle manufactured with a model year of 1967 through 1980, a nonexempt vehicle with a GVWR great er than 8,500 pounds, and a reconstructed vehicle, exc ept a motorcycle and a constant 4-wheel drive vehicle, is required to annually take and pass a loaded cruise test and a curb idle test, as follows:

a. Loaded cruise test. The vehicle’s drive wheels sh all be placed on a dynamometer and the vehicle shall be operated according to Table 1 of this Article, in drive for automatic transmission or second or highe r gear for manual transmission. Overdrive shall not b e used for testing. All vehicles shall be driven by theinspector during testing. HC and CO exhaust emissions concentrations shall be recorded after readin gs have stabilized, or at the end of 90 seconds, which

ever occurs first. After exhaust emissions are recorded, engine speed shall be returned to idle fo r a curb idle test. b. Curb idle test. The test shall be performed with the
vehicle in neutral for 1981 and newer vehicles. For 1980 and older vehicles, the test shall be performe d in neutral, except that if the vehicle has an autom atic transmission, drive shall be used. Engine RPM shallbe within ± 100 RPM of the manufacturer’s specified idle RPM. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever

occurs first. A CO 2 plus CO reading of 6% or greater shall be registered to establish test valid ity. A

CO 2 plus CO reading of less than 6% shall be proof of exhaust sample dilution and the vehicle shall be rejected from further emissions inspection until repaired, except when tested at a fleet emissions inspection station. c. Exhaust sampling for a vehicle required to take an annual emissions test under subsection (E)(1) shall comply with subsection (F)(8). 2. A vehicle with a 1981 or newer model year and a G VWR of 8,500 pounds or less, except a motorcycle, a rec onstructed vehicle, a 1996 or newer OBD-equipped vehi cle or a constant 4-wheel drive vehicle, is required to biennially take and pass a transient loaded emissions tes t and an evaporative system pressure test as follows:
a. The transient loaded emissions test shall consist of 147 seconds of mass emissions measurement using a constant volume sampler while the vehicle is drivenby an inspector through a computer-monitored driving cycle on a dynamometer with inertial weight set

tings appropriate for the weight of the vehicle. Th e driving cycle shall include the acceleration, decel eration, and idle operating modes described in Table 4. The 147 second sequence may be ended earlier using a fast pass or fast fail algorithm. A retest algorithm shall be used to determine if a test failure is due to insufficient vehicle preconditioning. As det ermined by the retest algorithm, up to two additional tests may be performed on a failing vehicle. Drive

shall be used for automatic transmissions and first gear shall be used to begin for manual transmission s. Exhaust emissions concentrations in grams per mile for HC, CO, NOx and CO 2 shall be recorded continuously beginning with the first second. The inspector shall reject a vehicle with an audible or visib le exhaust leak from emissions testing. b. The evaporative system pressure test shall consis t of the following steps in sequence: i. Connect the test equipment to either the fuel
tank vent hose at the canister or the fuel tank filler neck. The gas cap shall be checked to determine that cap leakage does not exceed 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge; ii. Pressurize the system to 14 ± 0.5 inches of water without exceeding 26 inches of water
system pressure; iii. Close off the pressure source, seal the evapora

tive system, and monitor pressure decay for no
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c. For a vehicle requiring a transient loaded emissi ons test under subsection (E)(2)(a), all testing and te stequipment shall conform to “IM240 & Evap Technical Guidance,” EPA420-R-98-010, EPA, August1998, incorporated by reference, and no future editions or amendments, except that the transient driv

ing cycle in Table 4 of this Article shall be used. A copy of the incorporated material is on file with the Department and the Secretary of State, and may be
obtained at EPA’s National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor,

MI 48105-2498. 3. A vehicle with a 1996 or newer model year and a G VWR of 8500 pounds or less, except a motorcycle or a re constructed vehicle, is required to biennially take an d pass an OBD test and a functional gas cap test as follows:
a. The OBD test shall consist of: i. A visual inspection of the MIL function; and
ii. An electronic examination of the OBD computer by connecting a scan tool to the data link connector and interrogating the OBD system to determine vehicle readiness status, MIL status, and presence of diagnostic trouble codes. b. The OBD test and test equipment shall conform to “Performing Onboard Diagnostic System Checks asPart of a Vehicle Inspection and Maintenance Program,” EPA420-R-01-015, EPA, June 2001, incorporated by reference, and no future editions or amendments. A copy of this incorporated material is on file with the Department and the Secretary of State, and may be obtained at the EPA’s NationalVehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI, 48105-2498; and c. The functional gas cap test shall comply with sub

section (E)(7)(a). 4. A motorcycle, or a constant 4-wheel drive vehicle except one requiring an OBD emissions test under subsectio n (E)(3), shall take and pass only a curb idle test a ccording to subsection (F)(1). An all-terrain vehicle (ATV), as defined in A.R.S. § 28-101, shall be tested as a mo torcycle. 5. A vehicle with a 1975 or newer model year is requ ired to take and pass a liquid fuel leak inspection annuall y or biennially according to subsections (E)(1) or (2) a s follows: a. For purposes of this subsection, “liquid fuel leak” means any fuel emanating from a vehicle’s fuel delivery, metering or evaporation systems in liquid form that has created a visible drop or more of fue l on, around, or under a component of a vehicle’s fue l delivery, metering, or evaporation system. b. With the engine running, the vehicle emissionsinspector shall visually inspect the following components of the vehicle, if they are exposed and vis ually accessible, for liquid fuel leaks: i. Gasoline fuel tanks; ii. Gasoline fill pipes, associated hoses and fuel tank connections; iii. Gas caps; iv. External fuel pumps; v. Fuel delivery and return lines and hoses; vi. Fuel filters; vii. Carburetors; viii. Fuel injectors; ix. Fuel pressure regulators; x. Charcoal canisters; and xi. Fuel vapor hoses.xii. Any valves connected to any other fuel evaporative component. c. The liquid fuel leak inspection required by this subsection is a visual inspection only. The vehicle em issions inspector is not required to perform any disassembly of the vehicle to inspect for liquid fu el leaks. No special tools or equipment, other than a flashlight and mirror, are required and no raising, hoisting, or lifting of the vehicle is required. d. The vehicle emissions inspector shall indicate on the vehicle inspection report the location of any liqui d
fuel leak. e. Nothing in this subsection shall prohibit a vehic le emissions inspector from refusing to inspect a vehi

cle under subsections (A), (B), or (C) or from term inating an inspection if a liquid fuel leak presents a safety hazard. f. A vehicle operated exclusively by compressed natu

ral gas (CNG), liquid natural gas (LNG), or liquid petroleum gas (LPG) shall be exempt from the liquid fuel leak inspection. 6. The emissions pass-fail determination for a vehic le tested under subsection (E) shall be made as follows: a. A vehicle tested under subsection (E)(1), that do es not exceed the loaded cruise mode or curb idle mode

HC and CO emissions standards listed in Table 2 for the vehicle, complies with the emissions standards
in Table 2. The loaded cruise test standards in Tab le 2 apply to a fleet vehicle tested with the 2,500 RP M unloaded fast idle test under R18-2-1019(E). b. A vehicle tested under subsection (E)(2) shall me et the standards in Table 3 and pass the evaporative system pressure test as follows:
i. Table 3 Standards. A vehicle shall meet either the composite standard for the whole test or the phase 2 standard for seconds 65 to 146. The Department may implement a testing algorithm for fast pass, fast fail, or both, provided that th e algorithm is reliable in accurately predicting the final outcome of the entire cycle. A vehicle not meeting either the composite or phase 2
standard shall fail the emissions test. ii. Evaporative System Pressure Test. A vehiclefails the emissions test if the evaporative system cannot maintain a system pressure above eight inches of water for at least two minutes after being pressurized to 14 ± 0.5 inches ofwater. Additionally, a vehicle fails the evaporative test if the canister is missing or damaged, if a hose or electrical connection is missing, routed incorrectly, or disconnected, according
to the vehicle emissions control information label, or if the gas cap is missing. c. A vehicle that operates on natural gas complies w ith
HC emissions standards if the HC emissions valuedoes not exceed the applicable standard in subsection (E)(6)(a) or (b), if: i. Multiplied by 0.19, when using an analyzer with a flame ionization detector, orii. Multiplied by 0.61, when using an NDIR analyzer. d. A motorcycle or a constant 4-wheel drive vehicle, except one requiring an OBD emissions test under subsection (E)(3), that does not exceed the curb id le

mode HC and CO emissions standards listed inArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 115 Supp. 12-1

Table 2 on either the first curb idle test or the s econd curb idle test passes the emissions test. e. A vehicle tested under subsection (E)(3) shall:i. Fail if the data link connector is missing, tampered, or otherwise inoperable during any OBD

test; ii. Fail if the MIL does not illuminate at all when the ignition key is turned to the key on, engineoff position, or does not illuminate briefly during engine start during any OBD test; iii. Fail if the MIL illuminates continuously or flashes after the engine has been started during any OBD test; iv. Fail if a diagnostic trouble code is present and the MIL status, as indicated by the scan tool, is commanded on during any OBD test. v. Be rejected from an initial OBD test and required to take and pass a transient loaded test under subsection (E)(2) if the number of unset readiness indicators, excluding continuous indicators, is three or more for a model year 1996-2000 vehicle, or two or more for a model year 2001 and newer vehicle. vi. Be rejected from an OBD retest if the numberof unset readiness indicators, excluding continuous indicators, exceeds the number allowed in subsection (v). vii. Fail the functional gas cap test if the gas cap does not comply with subsection (E)(7)(a). f. A vehicle tested under subsection (E)(5) shall fa il the inspection if a vehicle emissions inspector detects a liquid fuel leak. g. A vehicle that exceeds the applicable emissions
standards for the tests described in subsections (E)(1) and (E)(2)(a), or fails the OBD test describ ed in subsection (E)(3), fails the emissions test and shall not be reinspected until a low-emissions tune

up is performed as described in R18-2-1010. A vehicle that fails the evaporative system pressure test described in subsection (E)(2)(b) shall not be rein

spected until repaired as required in R18-2-1010(D)(1) and (2). A vehicle that fails the functional gas cap test described in subsection (E)(7)( a) shall not be reinspected until repaired as requiredin R18-2-1009(B). A vehicle that fails the liquid fuel leak test described in subsection (E)(5) shall not be reinspected until repaired as required in R18-2- 1010(E). 7. A vehicle required to take an annual emissions te st in area A shall, at the time of the test, undergo a tamperi ng inspection based on the original configuration of the vehicle as manufactured. The applicable emissions syste m requirements shall be verified by the “VEHICLE EMIS

SION CONTROL INFORMATION” label. A vehicle that fails any portion of the tampering inspection shall be repaired according to R18-2-1009 before reinspectio n unless the owner provides the written statement required in R18-2-1008(B). “Original configuration” for a fo reignmanufactured vehicle means the design and construct ion of a vehicle produced by the manufacturer for origi nal entry and sale in the United States. The tampering inspection shall consist of the following: a. Any vehicle emissions tested, except one with a vented fuel system, shall have a functional test of the gas cap to determine that cap leakage does not exceed 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge. A vehicle wit ha vented fuel system shall be checked for the presence of a properly fitting fuel cap. b. For a 1975 and newer model year vehicle: i. A visual inspection to determine the presenceand proper installation of each required catalytic converter, if applicable; ii. An examination to determine the presence of an operational air pump, if applicable; and iii. A visual inspection to determine the presence of an operational positive crankcase ventilation system and evaporative control system, if applicable.

F. In area B, the inspection test procedures for a veh icle other than a diesel-powered vehicle shall consist of the following: 1. An area B vehicle with a model year of 1967 throu gh 1980 shall take and pass only a curb idle test. The curb idle test shall be performed with the vehicle in dr ive for
automatic transmissions or in neutral for manual tr ansmissions. Engine RPM shall be within ± 100 RPM of the manufacturer’s specified idle RPM. HC and CO exhaus t emissions concentrations shall be recorded after re adings have stabilized, or at the end of 30 seconds, which ever occurs first. A CO 2 plus CO reading of 6% or greater shall be registered to establish test validity. A C O 2 plus CO reading less than 6% shall be proof of exhaust s ample dilution and the vehicle shall be rejected from fur ther emissions inspection until repaired, except when te sted at a fleet emissions inspection station. If the vehicl e fails the curb idle test, and if permitted by the vehicle ope rator, the vehicle shall be conditioned according to one of th e following conditioning procedures: a. Fast-idle conditioning procedure. The vehicle sha ll be conditioned by increasing engine speed to 2,500,± 300 RPM, for up to 30 seconds with the transmission in neutral. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 30 seconds, whichever occurs first. The conditioning procedure standards in Table 2 are for diagnostic and advisory information only. After exhaust emissions are recorded, the engine speed shall be returned to curb idle for a s econd idle test. The fast-idle conditioning procedure may be used on a vehicle at a state station instead of the loaded conditioning procedure if any of the fol

lowing occurs: i. The vehicle has a tire on a driving wheel withless than 2/32-inch tread, with metal protuberances, with visibly low tire pressure as determined by visual inspection, or any other condition that precludes loaded conditioning for reasons of personnel, equipment, or vehicle safety; ii. The vehicle is driven by a person who, because of physical incapacity, is unable to yield the driver’s seat to the vehicle emissions inspector; iii. The driver refuses to yield the driver’s seat t o the vehicle emissions inspector; or iv. The vehicle cannot be tested according to Table 1 because of the vehicle’s inability to attain the speeds specified. b. Loaded conditioning procedure. For a vehicle othe rthan a motorcycle or a constant 4-wheel drive vehicle, the vehicle’s drive wheels shall be placed on a dynamometer and the vehicle shall be operated according to Table 1, in drive for automatic trans-Supp. 12-1 Page 116 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

mission, or second or higher gear for manual transmission. All front wheel drive vehicles shall bedriven by the inspector. HC and CO exhaust emissions concentrations shall be recorded after readin gs have stabilized, or at the end of 30 seconds, which

ever occurs first. The conditioning procedure standards in Table 2 are for diagnostic and advisory information only. After exhaust emissions are recorded, engine speed shall be returned to curb id le
for a second idle test. c. Following one of the conditioning procedures in subsection (F)(1)(a) or (b), the vehicle shall be retested according to the curb idle test procedure in subsection (F)(1). 2. An area B vehicle with a 1981 or newer model year

, except a motorcycle, a constant 4-wheel drive vehic le, or a 1996 and newer vehicle equipped with OBD, shall t ake and pass a loaded cruise test and curb idle test, a s follows:
a. Loaded Cruise Test. The vehicle’s drive wheels sh all be placed on a dynamometer and the vehicle shall be operated according to Table 1, in drive for automat ic transmission or second or higher gear for manual
transmission. Overdrive shall not be used. All front wheel drive vehicles shall be driven by the inspect or. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever occurs first. After exhaust emissions are recorded, engine speed shall
be returned to idle for a curb idle test. b. Curb Idle Test. The test shall be performed with the vehicle in neutral. Engine RPM shall be within ± 100 RPM of the manufacturer’s specified idle RPM.

HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever occurs first. A CO 2 plus CO reading of 6% or greater shall be registere d to establish test validity, except when tested at afleet inspection station. A CO 2 plus CO reading less than 6% shall be proof of exhaust sample dilution and th e vehicle shall be rejected from further emissions inspection until repaired. 3. A vehicle with a model year of 1996 or newer and a GVWR of 8500 pounds or less, except a motorcycle or a reconstructed vehicle, is required to annually take and pass an OBD test and a functional gas cap test as f ollows:
a. The OBD test shall consist of: i. A visual inspection of the MIL function; and

ii. An electronic examination of the OBD computer by connecting a scan tool to the data link connector and interrogating the OBD system to determine vehicle readiness status, MIL status, and presence of diagnostic trouble codes; b. The OBD test and test equipment shall conform to “Performing Onboard Diagnostic System Checks asPart of a Vehicle Inspection and Maintenance Program,” EPA420-R-01-015, EPA, June 2001, incorporated by reference, and no future editions or amendments. A copy of this incorporated material is on file with the Department and the Secretary of State and may be obtained at the EPA’s NationalVehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI, 48105-2498; and c. The functional gas cap test shall comply with sub

section (F)(7)(a). 4. A motorcycle or a constant 4-wheel drive vehicle, except one requiring an OBD emissions test under subsectio n (F)(3), shall take and pass only a curb idle test a ccording to subsection (F)(1). An all-terrain vehicle (ATV), as defined in A.R.S. § 28-101, shall be tested as a mo torcycle. If the vehicle fails the curb idle test, and i f permitted by the vehicle operator, the vehicle shall be condi tioned according to the fast idle conditioning procedure r equired in subsection (F)(1)(a). Following conditioning, th e vehicle shall be retested according to the curb idle te st procedure in subsection (F)(1). 5. A vehicle with a 1975 or newer model year and ann ually tested under subsections (F)(1) or (2) is required to take and pass a liquid fuel leak inspection according to subsections (E)(5)(a) through (f). 6. The emissions pass-fail determination shall be ma de as

follows: a. A vehicle with a model year of 1967 through 1980, except a motorcycle or a constant 4-wheel drive vehicle, that does not exceed the curb idle mode HC
and CO emissions standards in Table 2 on either the first or second curb idle test, complies with the m inimum emissions standards contained in Table 2. b. A vehicle with a 1981 or newer model year, except a motorcycle or a constant 4-wheel drive vehicle, that
does not exceed the loaded cruise mode or curb idle
mode HC and CO emissions standards listed inTable 2, complies with the minimum emissions standards in Table 2. The loaded cruise test standards specified in Table 2 shall apply to fleet vehicles tested with the 2,500 RPM unloaded fast idle test. c. A vehicle that operates on natural gas complies w ith HC emissions standards if the HC emissions value, as determined by an NDIR analyzer, multiplied by 0.61 does not exceed the applicable standard in sub

section (F)(6)(a) or (b). d. A motorcycle or a constant 4-wheel drive vehicle, except one requiring an OBD emissions test under subsection (F)(3), that does not exceed the curb id le
mode HC and CO emissions standards in Table 2 on either the first or second curb idle test complies with
the minimum emissions standards in Table 2. e. A vehicle that exceeds the applicable emissions standards, or fails the OBD test described in subse ction (F)(3), fails the emissions test and shall hav e a low emissions tune-up as described in R18-2-1010before reinspection. A vehicle that fails the functional gas cap test described in subsection (F)(3)( c) shall not be reinspected until repaired as required in R18-2-1009(B). f. A vehicle tested under subsection (F)(3) shall:i. Fail if the data link connector is missing, tampered, or otherwise inoperable during any OBD

test; ii. Fail if the MIL does not illuminate at all when the ignition key is turned to the key on, engineoff position, or does not illuminate briefly during engine start during any OBD test; iii. Fail if the MIL illuminates continuously or flashes after the engine has been started during any OBD test; iv. Fail if a diagnostic trouble code is present and the MIL status, as indicated by the scan tool, is commanded on during any OBD test; v. Be rejected from an initial OBD test and required to take and pass a loaded cruise test and curb idle test under subsection (F)(2) if the number of unset readiness indicators, excludingArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 117 Supp. 12-1

continuous indicators, is three or more for a model year 1996-2000 vehicle, or two or more for a model year 2001 and newer vehicle; vi. Be rejected from an OBD retest if the numberof unset readiness indicators, excluding continuous indicators, exceeds the number allowed in subsection (v); and vii. Fail the functional gas cap test if the gas cap does not comply with subsection (F)(7)(a). g. A vehicle tested under subsection (F)(5) shall fa il the inspection if a vehicle emissions inspector detects a liquid fuel leak. A vehicle that fails th e liquid fuel leak test shall not be reinspected until repaired as required in R18-2-1010(E). 7. A vehicle required to take an emissions test in area B, except a vehicle required to take an OBD test as described in subsection (F)(3), shall at the time o f the test, undergo a tampering inspection based on the origina l configuration of the vehicle as manufactured. The applicable emissions system requirements shall be verifi ed by

the “VEHICLE EMISSION CONTROL INFORMATION” label. A vehicle that fails any portion of th e tampering inspection shall be repaired according to R1 8-2- 1009 before reinspection unless the owner provides the written statement required in R18-2-1008(B). “Origi nal configuration” for a foreign manufactured vehicle m eans the design and construction of a vehicle produced b y the manufacturer for original entry and sale in the Uni ted States. The tampering inspection shall consist of the following: a. Any vehicle emissions tested, except one with a vented fuel system, shall have a functional test of the gas cap to determine that cap leakage does not exceed 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge. A vehicle wit h a non-sealing gas cap shall be checked for the pres

ence of a properly fitting gas cap. b. For a 1975 or newer model year vehicle: i. A visual inspection to determine the presenceand proper installation of each required catalytic converter, if applicable; and ii. An examination to determine the presence of an operational air pump, if applicable. 8. Exhaust sampling in area B shall comply with the following: a. All CO and HC emissions analyzers shall have wate r traps incorporated in the sampling lines. Sampling probes shall be capable of taking undiluted exhaust samples from a vehicle exhaust system. b. A vehicle, other than a diesel-powered vehicle, s hallbe inspected with a NDIR analyzer capable of determining concentrations of CO and HC within the ranges and tolerances specified in Table 5. c. A vehicle with multiple exhaust pipes shall be inspected by collecting and averaging samples by one of the following methods: i. Collect separate samples from each exhaustpipe and use the average concentration to determine the test result; ii. Use manifold exhaust probes to simultaneously sample approximately equal volumes from each pipe; or iii. Use manifold exhaust pipe adapters to collect approximately equal volume samples from each pipe.

G. The following apply to all testing under subsection(E) or (F): 1. A rotary piston engine shall be inspected as a 4- stroke engine with four cylinders or less; 2. A turbine engine shall be inspected as a 4-stroke engine with more than four cylinders; and 3. A vehicle in which a diesel engine has been repla ced with a gas engine shall be inspected as a gas-powered ve hicle of the same vehicle model year. The vehicle shall n ot pass the inspection unless each catalytic converter, air pump, gas cap, and other emissions control device applicable to the vehicle model year and the same or more recent year engine configuration is properly installed and in o perating condition.

H. In area A, the inspection test procedure for a dies el-powered
vehicle is as follows: 1. A diesel-powered vehicle with a GVWR greater than 8,500 pounds shall be tested with a procedure that conforms to Society of Automotive Engineers standard J1667, February 1996, incorporated by reference and on file with the Department and the Secretary of State . This incorporation by reference contains no future editi ons or amendments. A copy of this referenced material may be obtained at Society of Automotive Engineers, 400 Co mmonwealth Dr., Warrendale, PA 15096-0001. The proce

dure shall utilize the corrections for ambient test conditions in Appendix B of J1667 for all tests. Th e test results shall be reported as the percentage of smok e opacity. Emissions pass-fail determinations are as foll ows: a. A vehicle powered by a 1991 or later model year diesel engine fails if the J1667 final test result is greater than 40%, unless the engine family is exempted from the 40% standard under subsection (H)(1)(e); b. A vehicle powered by a pre-1991 model year diesel engine fails if the J1667 final test result is greater than 55%, unless the engine family is exempted from the 55% standard under subsection (H)(1)(e);c. The engine model year is determined by the emission control label. If the emission control label i s missing, illegible, or incorrect, the test standard shall be 40%, unless a correct, legible, emission control label replacement is attached to the vehicle within 30 days of the inspection; d. A vehicle that exceeds the opacity standard in subsection (H)(1)(a) or (b) fails the emissions test. Before reinspection, the vehicle shall have a low emissions tune-up as described in R18-2-1010(H); e. The Director shall exempt any engine family from the standards in subsections (H)(1)(a) or (b) if th eengine manufacturer demonstrates either of the following: i. The engine family exhibits smoke opacitygreater than the standard when in good operating condition and adjusted to the manufacturer’s specifications. The Director shallidentify a technologically appropriate less stringent standard based on a review of dataobtained from engines in good operating condition and adjusted to manufacturer’s specifications; orii. The engine family is exempted from an equivalent standard based on J1667 by the executive
officer of the California Air Resources Board (CARB). The Director shall allow the engine family to comply with any technologically appropriate less stringent standard identified by the executive officer of CARB; andSupp. 12-1 Page 118 March 31, 2012

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f. A demonstration under subsection (H)(1)(e)(i) sha ll
be based on data from at least three vehicles. Data from official inspections under subsection (H)(1) showing that vehicles in the engine family meet the standard may be used to rebut the demonstration. The Director shall implement any new standard resulting from each exemption as soon as practicabl e for all subsequent tests and provide notice at all

affected test stations and fleets. 2. A diesel-powered vehicle with a GVWR greater than 4,000 pounds and less than or equal to 8,500 pounds shall be tested by a loaded dynamometer test by applying a single load of 30 HP, ± 2 HP, while operated at 50 MPH . A diesel-powered vehicle with a GVWR of 4,000 pounds or less shall be tested by a loaded dynamometer test b y applying a single load of between 6.4 - 8.4 HP whil e operated at 30 MPH. For all diesel-powered vehicles with a GVWR less than or equal to 8,500 pounds: a. The emissions pass-fail determination shall be ma de
as follows:i. The opacity reading for a period of 10 consecutive seconds with the engine under applicableloading shall be compared to the opacity standard in R18-2-1030(B). A vehicle that does not exceed the applicable opacity standard in R18-2-1030(B) complies with the minimum emissions standards. ii. A vehicle that exceeds the applicable opacity
standard fails the emissions test. Before reinspection, the vehicle shall have a low emissions tune-up as described in R18-2-1010. b. Exhaust sampling shall comply with the following: i. For a diesel-powered vehicle equipped with multiple pipes, separate measurements shall be made on each exhaust pipe. The reading takenfrom the exhaust pipe that has the highest opacity reading shall be used for comparison with the applicable emissions standard.ii. A vehicle shall be inspected with either a fullflow or sampling-type opacity meter. The opacity meter shall be a direct reading, continuous reading light extinction-type using a collimated light source and photo-electric cell, accurate to
a value within ± 5% of filter value.

I. In area B, the inspection test procedure for a dies el-powered
vehicle is as follows: 1. A diesel-powered vehicle with a GVWR greater than 26,000 pounds or having tandem axles shall be teste d according to one of the following methods: a. The vehicle shall be tested on a chassis dynamome

ter beginning with no power absorption by selecting a gear ratio that produces a maximum vehicle speed of 30-35 MPH at governed or maximum rated RPM.

If the vehicle has a manual transmission or an auto

matic transmission with individual gear selection,the engine shall be operated at governed or maximum rated engine RPM, at normal operating temperature under a power absorption load applied to the dynamometer until the loading reduces theengine RPM to 80% of the governed speed at wideopen throttle position. If the vehicle has an automatic transmission and automatic gear kickdown, the engine shall be loaded to a speed just above th e kickdown speed or 80% of the governed speed, whichever is greater. If the chassis dynamometerdoes not have enough horsepower absorption capability to lug the engine down to these speeds, thevehicle’s brakes may be used to assist the dynamometer. b. If a chassis dynamometer is not available, the ve hicle shall be tested by being lugged by its own brak es by selecting a gear ratio that produces a maximum speed of 10-15 MPH at governed engine RPM or maximum rated RPM and then loading the engine by applying the brakes until the engine RPM is lugged down to 80% of the governed or maximum rated RPM at wide-open throttle position. If the vehicle does not have a tachometer, the vehicle may be loaded to 80% of governed or maximum rated speed. 2. A diesel-powered vehicle without tandem axles andhaving a GVWR greater than 10,500 pounds and less thanor equal to 26,000 pounds shall be tested according to one of the following methods: a. The vehicle shall be tested on a chassis dynamome

ter beginning with no power absorption by selecting a gear ratio that produces a maximum vehicle speed of 30-35 MPH at governed or maximum rated RPM.
If the vehicle has a manual transmission or an auto

matic transmission with individual gear selection,the engine shall be operated at governed or maximum rated engine RPM, at normal operating temperature under a power absorption load applied to the dynamometer until such loading reduces theengine RPM to 80% of the governed speed at wideopen throttle position. If the vehicle has an automatic transmission and automatic gear kickdown, the engine shall be loaded to a speed just above th ekickdown speed or 80% of governed speed, whichever is greater. If the chassis dynamometer does no t have enough horsepower absorption capability to lug the engine down to these speeds, the vehicle’s brakes may be used to assist the dynamometer; b. The vehicle shall be tested by applying a single load of 30 HP, ± 2 HP, while operated at 50 MPH; or c. The vehicle shall be tested by being lugged by it s own brakes by selecting a gear ratio that produces a maximum speed of 10-15 MPH at governed engine RPM or maximum rated RPM and then loading the engine by applying the brakes until the engine RPM is lugged down to 80% of the governed or maximum rated RPM at wide-open throttle position. If the vehicle does not have a tachometer, the vehicle may be loaded to 80% of governed or maximum rated speed. 3. A diesel-powered vehicle with a GVWR of greater than 4,000 pounds and less than or equal to 10,500 pound s shall be tested by a loaded dynamometer test by app lying a single load of 30 HP, ± 2 HP, while operated at 5 0 MPH. 4. A diesel-powered vehicle with a GVWR of 4,000 pounds or less shall be tested by a loaded dynamometer tes t by applying a single load of between 6.4 - 8.4 HP whil e operated at 30 MPH. 5. The emissions pass-fail determination shall be pe rformed: a. The opacity reading during a period of 10 consecu

tive seconds with the engine under applicable loading specified in subsections (I)(1) through (4) sha ll be compared to the opacity standard specified in R18-2-1030(B). A vehicle that does not exceed the opacity standard in R18-2-1030(B) complies with

the minimum emissions standards.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 119 Supp. 12-1 b. A vehicle that exceeds the standard in R18-2-1030(B) fails the emissions test. Before reinspection, the vehicle shall have a low emissions tune-u p as described in R18-2-1010. 6. Exhaust sampling shall comply with the following: a. For a diesel-powered vehicle equipped with multip le exhaust pipes, separate measurements shall be made on each exhaust pipe. The reading taken from the exhaust pipe that has the highest opacity reading shall be used for comparison with the standard in R18-2-1030(B). b. A vehicle shall be inspected with either a full-f low or sampling-type opacity meter. The opacity meter shall be a direct reading, continuous reading light extinction-type using a collimated light source and photo-electric cell, accurate to a value within ± 5 %
of filter value.

J. All diesel-powered vehicles shall undergo a tamperi ng inspection under subsection (E)(7).

Historical ote Former Section R9-3-1006 repealed, new Section R9-3

- 1006 adopted effective January 13, 1976 (Supp. 76-1 ). Amended effective November 1, 1976 (Supp. 76-5). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-3-1006 repealed, new Section R9-3

- 1006 adopted as an emergency effective January 2, 1 981 pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1006 as amended effective February 20, 1980 repealed and a new Sect ion R9-3-1006 adopted as an emergency effective January 2, 1981 now adopted and amended effective April 15, 19 81 (Supp. 81-2). Amended effective January 1, 1986 (Su pp. 85-6). Amended effective January 1, 1987, filed Dec ember 31, 1986 (Supp. 86-6). Former Section R9-3-1006 renumbered as Section R18-2-1006 and subsections (A ), (C) and (D) amended effective August 1, 1988 (Supp. 88- 3). Amended effective September 19, 1990 (Supp. 90- 3). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 382, effect ive December 20, 1999 (Supp. 99-4). Amended by final ru lemaking at 6 A.A.R. 2722, effective June 28, 2000 (S upp. 00-2). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 200 8

(Supp. 08-3).

R18-2-1007. Evidence of Meeting State Inspection Req uirements
A. Vehicles required to be inspected under this Articl e shall pass inspection before registration by meeting the requi rements of R18-2-1006, unless waived under R18-2-1008.

B. The MVD or its agent may use the MVD motor vehicles emissions database, if available, as evidence that a ve hicle complies with the requirements of this Article.

C. If the MVD motor vehicles emissions database is notavailable, the MVD or its agent shall accept any of the following documents, when complete, unaltered, and dated no m ore than 90 days before registration expiration date, as evi dence that a vehicle complies with the requirements of this Arti cle unless the MVD or its agent has reason to believe it is fa lse. Documents accompanying a late registration may be datedsubsequent to the registration expiration date: 1. Certificate of compliance, 2. Certificate of waiver (except from auto dealers l icensed to sell used motor vehicles under Title 28), 3. Certificate of exemption, or 4. Director’s certificate, 5. The upper section of the vehicle inspection repor t with

“PASS” in the final results block.

D. A complete certificate of inspection dated within 1 2 months of registration for an annually tested vehicle and 24 months for a biennially tested vehicle shall be accepted by the MVD or its agent as evidence that a vehicle is in compliance w ith the requirements of this Article unless the MVD or its agent has

reason to believe it is false. A certificate correc ted according to R18-2-1019(F)(1)(a) shall be accepted by the MVD or its
agent.
E. Documents listed in subsection (C) and originating in area B are not acceptable for meeting the inspection requi rements in

area A.

F. Government vehicles for which only weight fees are paid shall be registered without evidence of inspection.

Historical ote Former Section R9-3-1007 repealed, new Section R9-3

- 1007 adopted effective January 13, 1976 (Supp. 76-1 ). Former Section R9-3-1007 repealed, new Section R9-3

- 1007 adopted effective January 3, 1977 (Supp. 77-1)

. Amended effective February 20, 1980 (Supp. 80-1). Amended effective January 1, 1986 (Supp. 85-6). FormerSection R9-3-1007 renumbered without change as Section R18-2-1007 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final ru lemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A. R. 90, effective January 1, 2002 (Supp. 01-4).

R18-2-1008. Procedure for Issuing Certificates of Wa iver

A. Unless prohibited under subsection (C), (D), or (E) , a certificate of waiver shall be issued subsequent to reinsp ection by a state inspector at a state or Department station to a vehicle that failed the emissions inspection or the emissions an d tampering inspections when it is determined by repair receipt s, emissions test results, evidence of repairs performed, underh ood verification, or similar evidence that the requirements of R18-2-1009 and R18-2-1010 have been met, or for emissions fail ures only, any further repairs within the repair cost limit wo uld be ineffective. A waiver may be denied if a waiver request is based upon repair estimates and the state inspector demon strates that a recognized repair facility can repair or improve the vehicle’s test readings within the repair cost limit.

B. A certificate of waiver may be issued to a vehicle failing the tampering inspection if the vehicle owner provides to the Director a written statement from an automobile parts or repair business that an emission control device necessary to repair the tampering is not available and cannot be obtain ed from any usual source of supply, and if all requirements of R18-2- 1008(A) have been met. All written statements are s ubject to verification for authenticity and accuracy by the D epartment. The Department may deny a certificate of waiver if the state inspector has any reason to believe the written statement is false or a usual source of supply exists and the de vice necessary to repair the tampering is available. Certific ates of waiver for tampered vehicles may be issued conditionally for a specified period, not to exceed 90 days, that allows suf ficient time for the procurement and installation of a proper em issions control device. A receipt or bill from a vehicle repai r facility or automobile parts store shall be an acceptable proofof purchase. Before the end of the specified time period, the vehicle owner shall present to the Director proof of purcha se andSupp. 12-1 Page 120 March 31, 2012

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installation of the device. The Department shall tr ack all
issued conditional certificates of waiver and if no proof of purchase and installation is received before the end o f the specified time period, the Director shall forward to the Department
of Motor Vehicles an order to cancel the vehicle’s registration.

C. The Director shall not issue a waiver to a vehicle that has failed the emissions test due to the catalytic conv erter system. A vehicle shall have failed the emissions test due to the catalytic converter system if: 1. The converter’s oxidation efficiency, as measured by the Catalyst Efficiency Test Procedure in R18-2-1031(A) , is less than 75%; and 2. No engine or fuel system malfunctions exist that would prevent the proper operation of a catalytic convert er. D. The Director shall not issue a waiver to a vehicle failing the emission test with an HC, CO, NOx, or opacity emiss ion level greater than two times the pass-fail standard in R1 8-2-1006, unless the vehicle is repaired so that each emissio n level is less than two times the pass-fail standard.

E. After January 1, 1997, the Director shall not issue a certificate

of waiver to the same vehicle more than once.

F. The fee for a certificate of waiver under this Sect ion shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director’s estimated costs to the state for administering and enforcing the provisions of this Article for
issuance of certificates of waiver under this Secti on. The fee shall be payable directly to the Department of Envi ronmental Quality at the time the certificate of waiver is is sued.

Historical ote Former Section R9-3-1008 repealed, new Section R9-3

- 1008 adopted effective January 13, 1976 (Supp. 76-1 ). Former R9-3-1008 repealed, new Section R9-3-1008 adopted effective January 3, 1977 (Supp. 77-1). Ame nded effective March 2, 1978 (Supp. 78-2). Amended effec tive January 3, 1979 (Supp. 79-1). Amended as an emergen cy effective January 2, 1981, pursuant to A.R.S. § 41- 1003, valid for only 90 days (Supp. 81-1). Former SectionR9- 3-1008 as amended effective January 3, 1979, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amen ded effective January 1, 1986 (Supp. 85-6). Amended sub section (A) and added subsection (D) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1008 renumbered as Section R18-2-1008 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effect ive

December 20, 1999 (Supp. 99-4).

R18-2-1009. Tampering Repair Requirements

A. If a vehicle fails the visual inspection for proper ly installed catalytic converters, the converters shall be repla ced with new or reconditioned OEM converters or equivalent new a ftermarket converters. The Department shall provide names of acceptable aftermarket converters at the time of inspecti on on the repair requirement list.

B. If a vehicle fails the functional gas cap pressure test described in R18-2-1006(E)(7)(a) or (F)(7)(a), the gas cap sh all be replaced with one that meets those specifications. If a vehicle designed with a vented system fails a visual inspec tion for the presence of a gas cap, a properly fitting gas cap s hall be
installed on the vehicle.

C. If a vehicle fails the visual inspection for the pr esence of an operational air pump, a new, used, or reconditioned , operational air pump shall be properly installed on the vehicle. D. If a vehicle fails the visual inspection for the pr esence or malfunction of the positive crankcase ventilation syst em, the system shall be repaired or replaced with OEM or equiv alent aftermarket parts.

E. If a vehicle fails the visual inspection for the pr esence or malfunction of the evaporative control system, the sys tem shall be repaired or replaced with OEM or equivalent aftermarket
parts.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Repealed effective January 3, 1977 (Supp. 77-1). Ne w Section R9-3-1009 adopted effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, fi led December 31, 1986 (Supp. 86-6). Former Section R9-3

- 1009 renumbered without change as Section R18-2-100 9 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A. R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effecti ve January 1, 2002 (Supp. 01-4). Amended by final rule

making at 14 A.A.R. 2834, effective July 1, 2008 (S upp. 08-3).

R18-2-1010. Low Emissions Tune-up, Emissions and Eva porative System Repair

A. A low emissions tune-up on a nondiesel-powered vehi cle consists of the following procedures: 1. Emissions Failure Diagnosis. For a computer-contr olled vehicle, the on-board-diagnostics shall be accessed and any stored trouble codes recorded. For a model year 1996 or newer vehicle equipped with an OBD system, a com

patible scan tool shall be used to access and recor d diagnostic trouble codes. The following instruments or equipment are required to complete a low emissions tuneup: a. Tachometer; b. Timing light; c. Engine analyzer or oscilloscope, andd. A HC/CO NDIR analyzer to make final A/F adjustments, if specified by the manufacturer. 2. Adjustment. All adjustments shall be made accordi ng to the manufacturer’s specifications and procedures. F inal adjustment shall be made on the vehicle engine onlyafter the engine is at normal operating temperature. 3. Inspection of Air Cleaner, Choke, and Air Intake System. A dirty or plugged air cleaner, stuck choke, or res tricted air intake system shall be replaced or repaired as required. 4. Dwell and Basic Timing Check. Dwell and basic eng ine timing shall be checked and adjusted, if necessary, according to manufacturer’s specifications. 5. Inspection of PCV Valve. The PCV valve shall be checked to ensure that it is the type recommended b y the manufacturer and is correctly operating. Free flow through the PCV system passages and hoses shall be verified. Repair or replace as required. 6. Inspection of Vacuum Hoses. The vacuum hoses shal l be inspected for leaks, obstruction, and proper routin g and connection. Repair or replace as required. 7. Perform a visual inspection for leaking fuel line s or system components. Repair or replace as required. 8. Idle Speed and A/F Mixture Check. The idle speed and A/F mixture shall be checked and adjusted according to manufacturer’s specifications and procedures. If th e vehicle is equipped with a fuel injection system or an alternateArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 121 Supp. 12-1

fuel (LPG or LNG), the manufacturer’s recommended adjustment procedure shall be followed.

B. A vehicle that fails reinspection does not qualify for a waiver unless a low emissions tune-up and diagnosis is per formed on
the vehicle.

C. If the maximum required repair cost in subsection ( F) or (G) is not exceeded after a low emissions tune-up describe d in subsection (A), then the following procedures apply:

1. CO failure. a. If a vehicle fails CO only, the vehicle shall be
checked for: i. Proper canister purge system operation, ii. High float setting, iii. Leaky power valve, and iv. Faulty or worn needles, seats, jets or improper jet size. b. If applicable, the following shall also be checke d: i. Computer, ii. Engine and computer sensors, iii. Engine solenoids, iv. Engine thermostats, v. Engine switches, vi. Coolant switches, vii. Throttle body or port fuel injection system, viii. Fuel injectors, ix. Fuel line routing and integrity, x. Air in fuel system including line and pump, xi. Fuel return system, xii. Injection pump, xiii. Fuel injection timing, xiv. Routing of vacuum hoses, and
xv. Electrical connections. c. The items in subsections (C)(1)(a) and (b) shall be repaired or replaced as required. 2. HC, or HC and CO failure. a. If a vehicle fails HC, or HC and CO, the vehicle
shall be checked for: i. Faulty spark plugs and faulty, open, crossed, or disconnected plug wires; ii. Distributor module;iii. Vacuum hose routing and electrical connections; iv. Distributor component malfunctions including vacuum advance; v. Faulty points or condenser; vi. Distributor cap crossfire; vii. Catalytic converter efficiency air supply; viii. Vacuum leaks at intake manifold, carburetorbase gasket, EGR, and vacuum-operated components. b. The items in subsection (C)(2)(a) shall be repair ed or replaced as required.
3. NOx failure. a. If a vehicle fails NOx, the vehicle shall be chec ked
for: i. Removed, plugged, or malfunctioning EGR valve, exhaust gas ports, lines, and passages;
ii. EGR valve electrical and vacuum control circuitry, components, and computer control, as applicable; iii. Above normal engine operating temperature; iv. Proper air management; v. Lean A/F mixture; vi. Catalytic converter efficiency; and vii. Over-advanced off-idle timing. b. The items in subsection (C)(3)(a) shall be repair ed or replaced as required. 4. OBD failure. If the vehicle fails the OBD test, t he vehicle shall be repaired for the items indicated on the Ve hicle Emissions Report as causing the failure. If the fai lure results from Diagnostic Trouble Codes (DTCs) that caused the Malfunction Indicator Lamp (MIL) to be i lluminated, the components or systems causing the DTCs shall be repaired or replaced. After repair of a DT C failure, and before reinspection, the vehicle shall be operated under conditions recommended by the vehicle manufac

turer for the OBD computer to evaluate the repairedsystem.
D. For Evaporative System Failures, the following proc edures apply: 1. If a vehicle fails the evaporative system pressur e test, the vehicle shall be checked for leaking or disconnecte d vapor hoses, line, gas cap, and fuel tank. 2. If a vehicle fails a visual inspection of the eva porative system, the vehicle shall be checked for a missing or damaged canister, canister electrical and vacuum co ntrol circuits and components, disconnected, damaged, mis

routed or plugged hoses, and damaged or missing pur ge valves. Repair or replace as necessary.

E. If a vehicle fails the liquid fuel leak inspection, the vehicle shall be checked for leaking or disconnected fuel d elivery, metering, or evaporation system components includin g those listed in R18-2-1006(E)(5)(b). Repair or replace as necessary. F. The maximum required repair cost for a vehicle in area A, not including cost to repair the vehicle for failing an evaporative system pressure test due to tampering, or other tampering repair cost, is: 1. For a diesel-powered vehicle with a GVWR greater than 26,000 pounds or a diesel-powered vehicle with tand em axles: $500; and 2. For a vehicle that is not a diesel-powered vehicl e with a GVWR greater than 26,000 pounds and is not a diesel

powered vehicle with tandem axles: a. Manufactured in or before the 1974 model year: $200; b. Manufactured in the 1975 through 1979 model years: $300; and c. Manufactured in or after the 1980 model year: $45 0. 3. Subsection (F) does not prevent a vehicle owner f rom authorizing or performing more than the required re pairs. A vehicle operator who has a vehicle reinspected sh all have the repair receipts available when requesting a certificate of waiver.

G. The maximum required repair cost for vehicles in ar ea B, not including tampering repair cost, is: 1. For a diesel-powered vehicle with a GVWR greater than 26,000 pounds or a diesel-powered vehicle with tand em axles: $300; and 2. For a vehicle that is not a diesel-powered vehicl e with a GVWR greater than 26,000 pounds and is not a diesel

powered vehicle with tandem axles: a. Manufactured in or before the 1974 model year: $50; b. Manufactured in the 1975 through 1979 model years: $200; and c. Manufactured in or after the 1980 model year: $30 0. 3. Subsection (G) does not prevent a vehicle owner f rom authorizing or performing more than the required re pairs. A vehicle operator who has a vehicle reinspected sh all have the repair receipts available when requesting a certificate of waiver.Supp. 12-1 Page 122 March 31, 2012

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H. A low emissions tune-up on a diesel-powered vehicle consists of the following procedures: 1. Inspect for dirty or plugged air cleaner, or restricted air intake system. Repair or replace as required. 2. Check fuel injection system timing according to m anufacturer’s specifications. Adjust as required. 3. Check for fuel injector fouling, leaking, or mism atch. Repair or replace as required. 4. Check fuel pump and A/F ratio control according t o manufacturer’s specifications. Adjust as required. 5. If the vehicle fails the J1667 procedure, check s mokelimiting devices, if any, including the aneroid val ve and puff limiter. Repair or replace as required.

I. Any available warranty coverage for a vehicle shall be used to obtain needed repairs before an expenditure can be counted toward the cost limits in subsection (F) and (G). I f the operator of a vehicle within the age and mileage coverage of section 207(b) of the Clean Air Act presents a written deni al of warranty coverage from the manufacturer or authorized dealer, warranty coverage is not considered available underthis subsection.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Fo rmer Section R9-3-1010 repealed, new Section R9-3-1010 adopted effective January 3, 1977 (Supp. 77-1). Ame nded effective March 2, 1978 (Supp. 78-2). Amended effec tive January 3, 1979 (Supp. 79-1). Amended effective Feb ruary 20, 1980 (Supp. 80-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41- 1003, valid for only 90 days (Supp. 81-1). Former SectionR9- 3-1010 as amended effective February 20, 1980, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amen ded effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp . 86- 6). Former Section R9-3-1010 renumbered as Section R18-2-1010 and subsection (D) amended effective August 1, 1988 (Supp. 88-3). Amended effective Nove mber 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A. R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effecti ve January 1, 2002 (Supp. 01-4). Amended by final rule

making at 14 A.A.R. 2834, effective July 1, 2008 (S upp. 08-3).

R18-2-1011. Vehicle Inspection Report

A. A vehicle inspected at a state station shall be pro vided a uniquely numbered vehicle inspection report of a de sign approved by the Director that contains, at a minimum, the following information: 1. License plate number; 2. Vehicle identification number; 3. Model year of vehicle; 4. Make of vehicle; 5. Style of vehicle; 6. Type of fuel; 7. Odometer reading to the nearest 1000 miles, trunc ated;

8. Emissions standards for idle and loaded cruise mo des, if applicable; 9. Emissions measurements during idle and loaded cru ise modes, if applicable; 10. Opacity measurements and standards, if applicabl e; 11. Emissions standards and measurements for the transient loaded test, and the evaporative system pressure te st, if applicable; 12. Results of OBD test including all diagnostic tro uble
codes that commanded the illumination of the malfun ction indicator lamp; 13. Tampering inspection results; 14. Liquid fuel leak inspection results; 15. Repair requirements; 16. Final test results; 17. Repairs performed; 18. Cost of emissions-related repairs; 19. Cost of tampering-related repairs; 20. Name, address, and telephone number of the busin ess or person making repairs; 21. Signature and certification number of person certifying repairs; 22. Date of inspection; 23. Test results of the previous inspection if the i nspection is a reinspection; 24. Inspection station, lane locators; and
25. Test number and time of test.

B. A vehicle failing the initial inspection shall rece ive an inspection report supplement approved by the Department c ontaining, at a minimum, the following: 1. Diagnostic and tampering information including ac ceptable replacement units, and 2. Applicable maximum repair costs.

C. The inspection report shall provide a 3-inch by 5-i nch tear-out section that may be used as a certificate of compli ance for vehicles passing the inspection or as a certificate of waiver, if applicable.

1. The tear-out section shall be a certificate of co mpliance when the word “compliance” appears in the appropriate location on the printout.

2. The tear-out section shall be a certificate of wa iver when the word “waiver” appears in the appropriate locati on on the printout.

3. The tear-out section shall contain all of the fol lowing
information: a. License plate number, b. Vehicle identification number, c. Final results, d. Serial number of the inspection report, e. Date of inspection, f. Model year, g. Make, h. Date of initial inspection, and i. Inspection fee.

D. At the time of registration or reregistration, the certificate of compliance or certificate of waiver may be submitte d to the Arizona Department of Transportation Motor Vehicle Division as evidence of meeting the requirements of this Art icle.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Fo rmer Section R9-3-1011 repealed, new Section R9-3-1011 adopted effective January 3, 1977 (Supp. 77-1). Ame nded effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A. R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1011 as amended effective January 3, 1 979, and as amended as an emergency effective January 2, 1981 now amended effective April 15, 1981 (Supp. 81 -2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsections (A) and (B) effective January 1

, 1987, filed December 31, 1986 (Supp. 86-6). Former Sec-Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 123 Supp. 12-1 tion R9-3-1011 renumbered as Section R18-2-1011 and amended by removing subsection (E) effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4 ). Amended by final rulemaking at 8 A.A.R. 90, effecti ve January 1, 2002 (Supp. 01-4). Amended by final rule

making at 14 A.A.R. 2834, effective July 1, 2008 (S upp. 08-3).

R18-2-1012. Inspection Procedures and Fee

A. A vehicle that is inspected by a state station mustbe accompanied by a document such as a registration renewal n otice, registration, certificate of title, or bill of sale th at identifies the vehicle by make, model year, identification number, and license plate if applicable.

B. If the vehicle inspection report from the previous test is used, it shall be retained by the test lane inspector.

C. The fees for emissions inspections at a state stati on shall be specified in the contract between the contractor an d the state of Arizona according to A.R.S. § 49-543, and shall inc lude the full cost of the vehicle emissions inspection progr am including administration, implementation, and enforcement. Ea ch fee is payable directly to the contractor at the time and place of inspection in cash or by check approved by the contractor. The amount collected by the contractor to defray the co st of the inspection shall be retained by the contractor. The amount collected to defray the cost of the administration, im plementation, and enforcement of the vehicle emissions inspection program shall be remitted to the Department. Amounts collec ted shall be recorded and reported to the Department monthly. The contractor shall submit to the state of Arizona on a m onthly basis, by the 10th day of each month, a report showing the number of inspections performed and the amount of fees collec ted.

D. Each subsequent inspection, if needed, shall be tre ated by the
state and the contractor in the same manner as an i nitial inspection and reinspection, providing for a free r einspection according to R18-2-1013, if needed, following a pai d inspection. The fee for each paid reinspection shall be the full fee as provided for in the contract with the contractor.

E. A state station emissions inspector shall not recommend repairs or repair facilities.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Fo rmer Section R9-3-1012 repealed, new Section R9-3-1012 adopted effective January 3, 1977 (Supp. 77-1). Ame nded effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A. R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1012 as amended effective January 3, 1 979, and amended as an emergency effective January 2, 19 81, now amended effective April 15, 1981 (Supp. 81-2). Amended subsections (A) and (D) effective November 9, 1982 (Supp. 82-6). Amended effective January 1, 198 6 (Supp. 85-6). Former Section R9-3-1012 renumbered a s Section R18-2-1012 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4 ). Amended by final rulemaking at 8 A.A.R. 90, effecti ve

January 1, 2002 (Supp. 01-4).

R18-2-1013. Reinspections

A. A vehicle failing the initial inspection or any sub sequent paid inspection is entitled to one reinspection at no ad ditional charge under the following conditions: 1. The vehicle is presented for inspection within 60 calendar days of the initial or any subsequent paid inspecti on, if the vehicle operator presents the vehicle inspectio n report from the previous inspection, indicating the itemiz ation of the repairs performed. 2. Emissions-related repairs or adjustments and any tampering repairs have been made. 3. The vehicle is accompanied by the entire vehicle inspection report from the initial or subsequent inspecti on with the following information filled in on the reverse side: a. Emissions-related and tampering-related repairs made; b. Cost of emissions related and tampering related repairs as reflected by receipts or bills; c. Name, address, telephone number, and type of faci lity making repairs; d. Signature of person certifying the repairs; e. Date of repairs; and
f. The state certification number of the technician making repairs, if applicable.

B. A vehicle shall be retested after repair for any po rtion of the inspection the vehicle failed on the previous test to determine if the repairs are effective. To the extent that re pair to correct a previous failure could cause failure of another portion of the test, that portion shall also be retested. Evaporat ive system repairs shall trigger an exhaust emissions retest.

C. A vehicle failing the reinspection shall be provide d a vehicle inspection report and a vehicle inspection report s upplement.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Fo rmer Section R9-3-1013 repealed, new Section R9-3-1013 adopted effective January 3, 1977 (Supp. 77-1). Ame nded as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81- 1). Former Section R9-3-1013 adopted effective January 3, 1977, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 8 1- 2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 3 1,1986 (Supp 86-6). Former Section R9-3-1013 renumbered as Section R18-2-1013 and amended effective August 1, 1988 (Supp. 88-3). Amended effective Nove mber 14, 1994 (Supp. 94-4). Amended by final rulemak ing at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99- 4).

R18-2-1014. Repealed

Historical ote Adopted effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effect ive December 20, 1999 (Supp. 99-4). Section repealed by final rulemaking at 8 A.A.R. 90, effective January 1,

2002 (Supp. 01-4).

R18-2-1015. Repealed

Historical ote Adopted effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effect ive December 20, 1999 (Supp. 99-4). Section repealed by final rulemaking at 8 A.A.R. 90, effective January 1,

2002 (Supp. 01-4).

R18-2-1016. Licensing of Inspectors

A. The Department shall license a person as a vehicle emissions inspector if the applicant passes a practical and awrittenSupp. 12-1 Page 124 March 31, 2012

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examination with a score equal to or greater than 8 0% in the following areas: 1. For nondiesel-powered fleet vehicle emissions ins pectors: a. Equipment used in the inspection and the control of emissions; b. Types of emission inspection failures; c. Corrective procedures for excessive HC emissions; d. Corrective procedures for excessive CO emissions; e. Corrective procedures for excessive NOx emissions

, for inspectors in area A; f. Proper fuel system adjustment procedures; g. Computerized engine control systems; and h. Regulations governing fleet stations; 2. For diesel-powered fleet vehicle emissions inspec tors: a. Equipment used in the inspection and the control of opacity and emissions; b. Corrective procedures for excessive opacity; c. Proper fuel injection system adjustment procedure s; d. Proper use of tools required by the vehicle manufacturer for field setting of fuel injectors, inlet an d exhaust valve clearance, governors, and throttle controls; e. Computerized engine control systems; and f. Regulations governing fleet stations; 3. For state station vehicle emission inspectors: a. Air pollution causes and effects; b. Purpose, function, and goals of the inspection program; c. State inspection regulations; d. Test procedures and rationale for their design; e. Emission control devices, configuration, and insp ection; f. Test equipment operation, calibration, and mainte

nance; g. Proficiency in driving the transient test cycle i n Table 4; h. Quality control procedures; i. Public relations; and j. Safety and health issues related to the inspectio n

process. 4. For the practical portion of the examination an applicant shall demonstrate the ability to conduct a proper e missions inspection, including proper use of equipment and procedures, to pass. If an inspector fails to demon strate such ability in an audit, either covert or overt, the inspector’s license shall be suspended. The suspended lic ensee shall demonstrate to the Department the skills requ ired by this subsection within 30 days of suspension or suc h
license shall be revoked.

B. If an applicant for a nondiesel-powered vehicle emi ssions inspector license fails the written examination, th e applicant shall successfully complete the vehicle emissions i nspector state training program before reexamination for lic ensure. C. Applications may be obtained from the Department. T he application shall contain the following: 1. The type of license requested; 2. The applicant’s name; 3. The applicant’s home address; 4. The applicant’s phone number; 5. The name of the applicant’s employer; 6. The phone number of the applicant’s employer; 7. The applicant’s signature; and 8. The date of the license request.

D. All completed applications shall be returned to the Department. E. Licenses issued to vehicle emissions inspectors sha ll be renewed annually on or before the expiration date. An inspector whose license has expired may not inspect vehic les.

F. Applications for renewal of vehicle emissions fleet inspector’s licenses shall be submitted within 30 days before t he current license expiration date.

G. The Department may suspend, revoke, or refuse to re new a license if the licensee has violated any provision of A.R.S. Title 49, Chapter 3, Article 5 or any provision of this Article or fails to continue to demonstrate proficiency to the Department as required in subsection (A).

H. A vehicle emissions inspector shall notify the Department of any change in employment status, due to retirement, resignation or termination, within seven days of the chang e. The notification shall include the name and license number of the emissions inspector, a statement declaring the empl oyment change, and the effective date of the employment ch ange. I. The Department shall assign a single, unique, nontr ansferable inspector’s number to each vehicle emissions inspec tor.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1016 as amended effective March 2, 1978, and amended as an emergenc y effective January 2, 1981, now amended effective Ap ril 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 198 7, filed December 31, 1986 (Supp. 86-6). Former Sectio nR9-3-1016 renumbered as Section R18-2-1016 and subsection (G) amended effective August 1, 1988 (Supp. 88- 3). Amended effective November 14, 1994 (Supp. 94-4 ). Amended by final rulemaking at 6 A.A.R. 562, effect ive January 14, 2000 (Supp. 00-1). Amended by final rul emaking at 8 A.A.R. 90, effective January 1, 2002 (S upp. 01-4).

R18-2-1017. Inspection of Government Vehicles

A. Inspection of government vehicles operated in areas A and B

shall be conducted as follows: 1. At a licensed fleet station operated by the gover nment entity; 2. At a state station upon payment of the fee; 3. At a state station upon payment of the contractedfee, either singly or in combination with other governme nt fleet operators.

B. A government vehicle except a federally owned vehic le that is
excluded from the definition of motor vehicle under 40 CFR 85.1703, shall be inspected according to this Artic le and shall have a Government Vehicle Certificate of Inspection affixed to the vehicle if in compliance with state inspection requirements. 1. The vehicle emissions inspector performing the in spection shall punch out the appropriate year and month on the Government Vehicle Certificate of Inspection to designate date of the vehicle’s next annual or biennia l inspection. The vehicle emissions inspector, at the time of inspection, shall record the serial number of the G overnment Vehicle Certificate of Inspection on the vehic le inspection report. If the vehicle emissions inspection is performed at a fleet station, the emissions inspect or, at the time of inspection, shall record the serial number in the block labeled “Certificate of Inspection No.” o n the “Fleet Vehicle Inspection Report/Monthly Summary.”Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 125 Supp. 12-1

Each Government Vehicle Certificate of Inspection s hall
be used in serial number order. Presence of a curre nt Government Vehicle Certificate of Inspection indica tes a government vehicle has met the state of Arizona emi ssions inspection requirements. 2. A government vehicle, with the exception of a mot orcycle or an undercover law enforcement vehicle, shall have the Government Vehicle Certificate of Inspection af fixed

to the lower left side of the rear window as determ ined from a position facing the window, from outside the vehicle. If a vehicle does not have a rear window, the Government Vehicle Certificate of Inspection shall be aff ixed to
the lower left corner of the windshield as determin ed from the driver’s position. 3. A government motorcycle shall have the Government Vehicle Certificate of Inspection affixed to the lo wer lefthand corner of the windscreen as determined from th e driver’s position. If the Government Vehicle Certif icate of Inspection cannot be affixed to the lower left-h and corner of the windscreen, the Government Vehicle Certi ficate of Inspection may be affixed to a visible posi tion on
the front or left side of the left front fork of th e motorcycle. The fork shall be determined from the driver’s position.

C. The Government Vehicle Certificate of Inspection sh all be purchased from the Department in lots of 25. 1. The fee for a certificate of inspection shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director’s estimated costs to the state ofadministering and enforcing the provisions of this Artic le as they apply to issuance of certificates of inspectio ns. Payment for certificates shall be included with an app lication for certificates. Checks shall be made payable to the Department of Environmental Quality. 2. Only the Department may sell or otherwise transfe r certificates of inspection.

D. All Government Vehicle Certificates of Inspection s hall be designed, issued, and administered to ensure compli ance with this Article. The Department shall be the only sour ce of supply for Government Vehicle Certificates of Inspection.

E. Government entity fleet stations shall inspect the fleet vehicles according to R18-2-1019 except that a government ve hicle certificate of inspection shall only be used for go vernment vehicles.

F. A government entity fleet station shall send a quarterly statement identifying vehicles and test results to the D epartment within 10 business days following the end of the qu arter.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1017 renumbered as Section R18-2-1017 and subsection (E) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A. R. 562, effective January 14, 2000 (Supp. 00-1). Amend ed by final rulemaking at 8 A.A.R. 90, effective January 1,

2002 (Supp. 01-4).

R18-2-1018. Certificate of Inspection

A. A fleet station other than a government entity flee t station shall use completed certificates of inspection as evidenc e that its vehicles meet the requirements of this Article unle ss inspection data is electronically transmitted to MVD unde r A.R.S. § 49-542(Q). If a fleet vehicle is inspected at a state station, the vehicle inspection report provided under R18-2-1011 shall be
used.

B. A certificate of inspection shall contain the follo wing information: 1. VIN, 2. Model year, 3. License number, 4. If applicable, a statement that the inspection me ets area A requirements, 5. Owner of vehicle, 6. Date of expiration, according to R18-2-1019(F)(1) (b), 7. Fleet station permit number, and 8. Inspector’s signature and license number.

C. A certificate of inspection issued to a fleet vehic le is transferable to an auctioneer licensed as a used motor vehi cle dealer to sell the vehicle. The certificate of inspection is valid for a period not to exceed 180 days after the transfer un less the vehicle is reregistered with a new owner, in which case the vehicle shall be inspected according to this Articl e before the reregistration.

D. A certificate of inspection, complete or incomplete , is not transferable except as provided in subsection (C) o r except when submitted to MVD for the purpose of vehicle re gistration.

E. Only a person who meets the requirements of R18-2- 1019(D)(4) is authorized to purchase certificates o f inspection, certificates of waiver, or Government Vehicle Certi ficates of Inspection.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended subsection (A) effective January 1, 1987, f iled December 31, 1986 (Supp. 86-6). Former Section R9-3

- 1018 renumbered as Section R18-2-1018 and amended effective August 1, 1988 (Supp. 88-3). Amended effe ctive November 14, 1994 (Supp. 94-4). Amended by fin al rulemaking at 6 A.A.R. 562, effective January 14, 2 000 (Supp. 00-1). Amended by final rulemaking at 8 A.A. R. 90, effective January 1, 2002 (Supp. 01-4).

R18-2-1019. Fleet Station Procedures and Permits

A. The following requirements apply to issuance of fle et station permits:

1. An owner or lessee of a fleet of 25 or more nonex empt vehicles whose place of business is located in area A or B may apply to the Director for a permit to establish a fleet station. A dealer’s business inventory of vehicles held for resale, counted cumulatively over the previous 12 m onths at the time of application review by the Department shall be used to determine compliance with this subsectio n. A newly established dealer shall certify that it will comply with the 25 nonexempt vehicles requirement. 2. An application form for a fleet station permit sh all be obtained from the Department. All completed applica

tions shall be submitted to the Department. An appl ication shall be considered administratively complete when: a. The Department receives a completed application form and fleet agent designation form; b. The applicant or designated employee successfully completes the fleet agent examination; and c. The Department conducts a site inspection. 3. Before an application for a fleet station permit may be approved, a state inspector shall inspect the premi ses to determine compliance with subsections (B) and (C). 4. A fleet station permit shall not expire.Supp. 12-1 Page 126 March 31, 2012

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5. A fleet station permit shall only be applicable t o the fleet’s inspection facility located at the address shown on the fleet station permit. If a fleet owner or lesse e requests a permit for inspection facilities at more than one address, the fleet owner or lessee shall apply for a permit for each facility. 6. A fleet station permit issued by the Director is non-transferable. 7. If the name or address of the permitted fleet fac ility changes and the name or address change does not inv olve a change of ownership, the permit shall be returned to the Department for cancellation and a new permit applic ation
shall be submitted. The Director shall cancel the r eturned permit and issue a new permit. 8. In the event of loss, destruction, or mutilation of the permit, the person to whom it was issued may obtain a duplicate upon furnishing satisfactory proof of loss, destruction, or mutilation. If a fleet owner or les see obtains a duplicate permit and then finds the origi nal, the fleet owner or lessee shall immediately surrender the original permit to the Department.

B. A fleet station permit applicant or fleet station p ermit holder, or its employees, shall own or lease the following equipment for testing and repair of a fleet vehicle, and maintain the equipment in good working condition: 1. If the permit is for the inspection of a vehicle required to take an idle only, or an idle plus 2500 RPM unloade d test:a. An NDIR CO and HC emissions analyzer that complies with the requirements of R18-2-1006(F)(8) to conduct the emissions inspection; b. Pressure test equipment for the functional gas ca p test that complies with the requirements of R18-2- 1006(E)(7)(a); and c. An ignition-operated tachometer. 2. If the permit is for the inspection of a vehicle required to take a steady-state loaded test:a. An NDIR CO and HC emissions analyzer that complies with the requirements of R18-2-1006(F)(8) to conduct the emissions inspection; b. Pressure test equipment for the functional gas ca p test that complies with the requirements of R18-2- 1006(E)(7)(a); c. A dynamometer to operate the vehicle under load;
and d. An ignition-operated tachometer. 3. If the permit is for the inspection of a vehicle required to
take a transient loaded test: a. Equipment to perform a transient loaded emissions test as required in R18-2-1006(E)(2);b. Equipment to perform the evaporative system pressure test as required in R18-2-1006(E)(2)(b); c. Equipment to perform the maintenance and quality control requirements of R18-2-1006(E)(2) and “IM240 and Evap Technical Guidance;” and d. Pressure test equipment for the functional gas ca p test that complies with the requirements of R18-2- 1006(E)(7)(a). 4. If the permit is for the inspection of a vehicle required to
take an OBD test: a. A scan tool used to perform the OBD test that com

plies with the Society of Automotive Engineers Recommended Practice J1979, September 1997, incorporated by reference and no future editions or amendments. A copy of this referenced material is on file with the Department and the Secretary of State and may be obtained at Society of Automotive Engineers, 400 Commonwealth Dr., Warrendale, PA 15096-0001; and b. Pressure test equipment for the functional gas ca p test that complies with the requirements of R18-2- 1006(E)(7)(a). 5. If the permit is for the inspection of a vehicle required to
take a diesel test: a. Opacity meter: A meter used in area A shall comply with the requirements of R18-2-1006(H) for the applicable test procedure. A meter used in area B shall comply with the requirements of R18-2- 1006(I)(6)(b); and b. A dynamometer for testing any light-duty diesel vehicle in area A or for testing any diesel vehicle in

area B.

C. A fleet’s inspection facility shall comply with the following requirements: 1. The facility shall include space devoted principa lly to maintaining or repairing the fleet’s motor vehicles . The space shall be large enough to conduct maintenance or repair of at least one fleet motor vehicle. 2. The facility shall be exclusively rented, leased, or owned by the permit applicant or permit holder.

D. A fleet owner or lessee shall employ the following personnel: 1. If the facility is for the repair of nondiesel-po wered vehicles, at least one person to perform tune-ups of en gines and replacement or repair of fuel system and igniti on components. 2. If the facility is for the repair of diesel-power ed vehicles, at least one person to perform tune-ups and replace ment or repair of diesel fuel systems in the vehicle fle et. 3. A licensed vehicle emissions inspector who will p erform the necessary inspections. This inspector may be th e same person required by subsection (D)(1) or (2). 4. A fleet agent, who shall be in charge of the day- to-day operation of the fleet and who demonstrates profici ency by passing a Department-administered examination annually, with a score equal to or greater than 80%, onthe statutes and rules governing the operation and administration of a fleet emissions inspection station. The fleet owner or lessee shall designate the fleet agent on a form ob tained from the Department.

E. Unless inspected at a state station, a vehicle owne d by or leased to a holder of a fleet emissions inspection station permit shall be inspected according to R18-2-1006(D) throu gh (J), except as follows:
1. A dealer fleet vehicle in area A held for resale and an area B fleet vehicle, with a model year of 1981 or newer, and other than diesel-powered, shall be required to tak e and pass both the curb idle test specified in R18-2- 1006(F)(2)(b) and a 2,500 RPM unloaded fast idle te st as follows: a. The vehicle’s engine shall be operated at 2,500, ± 300 RPM, for no more than 30 seconds with the
transmission in neutral.
b. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized or at th eend of 30 seconds, whichever occurs first, and compared to the loaded cruise standards in Table 2. Th e curb idle test standards in Table 2 shall apply for the
idle test. 2. A dealer fleet vehicle in area A held for resale, and an area B vehicle, with a model year of 1980 or older and other than diesel-powered, shall be required to tak e and pass a curb idle test as specified in R18-2-1006(F) (1). The curb idle test standards in Table 2 shall apply

.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 127 Supp. 12-1 3. A dealer fleet vehicle in area A held for resale with a model year of 1975 or newer and other than diesel-p owered, shall be required to take and pass a tamperin g inspection as specified in R18-2-1006(E)(7).
4. A dealer fleet vehicle in area B held for resale with a model year of 1975 or newer and other than diesel-p owered, shall be required to take and pass a tamperin g inspection as specified in R18-2-1006(F)(7). 5. A consignment vehicle shall be tested at a state inspection station according to R18-2-1005(A)(3).

F. The vehicle emissions inspector shall complete and process the forms for vehicle inspection as follows, excepta government entity fleet shall issue and process each gove rnment vehicle certificate of inspection under R18-2-1017: 1. A certificate of inspection shall be processed as follows: a. A certificate of inspection shall be completed an dsigned by the vehicle emissions inspector performing the inspection at the time the vehicle passes inspection. The vehicle emissions inspector who performed the inspection may correct a certificate by drawing a single line through the mistake, writing the correct information directly above the mistake, and initialing and dating the correction. Each certificate shall be issued in numerical order; b. For an inspection that does not include a biennia l test, the expiration date shall be one year from th edate the vehicle passes the mandatory vehicle emissions inspection. For a vehicle required to pass a biennial test, the expiration date shall be two years after the pass date; c. All copies of a certificate of inspection shall b e legible; d. Unless inspection data is electronically transmit ted under A.R.S. § 49-542(Q), the original completed certificate shall be presented to MVD for processin g the vehicle’s application for title and registratio n or the Arizona registration card. MVD may accept a signed certificate of inspection as evidence that the vehicle is a fleet-inspected vehicle and meets the inspection requirements of this Article; e. The vehicle emissions inspector shall forward the second copy of each completed certificate of inspec

tion, along with the second copy of the “Fleet Vehi

cle Inspection Report/Monthly Summary,” to the Department monthly, not later than two weeks after the last day of the month in which the inspection i s conducted; f. The third copy of each completed certificate of inspection, along with the original “Fleet Vehicle Inspection Report/Monthly Summary,” shall be retained for two years from the date of inspection; g. Vehicle emissions certificates shall be purchasedfrom the Department in lots of 25. Excess certificates may be returned to the Department for refund or may be used in subsequent years; h. The fee for a certificate of inspection shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director’s estimated costs tothe state of administering and enforcing the provisions of this Article as they apply to issuance of a certificate of inspection. Payment for certificates shall be included with an application for certificates. Checks shall be made payable to the Department of Environmental Quality. i. Only the Department shall sell or otherwise trans fer a certificate of inspection. This subsection does n ot apply to the submission of a certificate of inspect ion to MVD for the purpose of vehicle registration; j. The fleet station owner shall be responsible for the security and accountability of the fleet’s certific ates and fleet vehicle emissions inspection records. Cer

tificates and fleet vehicle emissions inspection
records shall be maintained at the fleet station an d shall be made available for review by a state inspe ctor during normal business hours of the fleet stati on; k. If any certificate is discovered lost or stolen, the fleet station owner shall notify the Department in writing within 24 hours, indicating the number of
certificates lost or stolen and each serial number. The Department may revoke a fleet station permit for refusal or failure to report a lost or stolen c ertificate within 24 hours; l. In the event of loss, destruction, or mutilation of an original completed certificate of inspection, a Director’s certificate may be obtained from the Department by hand-delivery of the following: i. The second or third copy of the lost, destroyed, or mutilated certificate of inspection; ii. The original of the “Fleet Vehicle Inspection Report/Monthly Summary;” iii. A cover letter from the fleet agent explaining the situation that caused the loss, destruction, ormutilation of the original certificate of inspection; and iv. Payment of a fee to cover the cost of issuance

of the Director’s certificate. The fee for a Director’s certificate shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director’s estimated cost to the state of administering and enforcing the provisions of this Article as they apply to

issuance of a Director’s certificate. Checks shall be made payable to the Department of Environmental Quality; and m. If an original certificate of inspection is voide d by a fleet station, the original of the voided certificate shall be matched to the corresponding third copy of

the certificate and retained at the fleet station f or two years from the date of inspection. 2. The fleet agent or vehicle emissions inspector sh all obtain the “Fleet Vehicle Inspection Report/Monthly Summar y” form from the Department. The vehicle emissions ins pector performing the inspection shall record the foll owing information on the form at the time of inspection: a. The VIN of the vehicle passing inspection; b. The vehicle’s license number, if applicable;

c. The HC content of the undiluted exhaust recorded at idle, if applicable;
d. The CO content of the undiluted exhaust recorded at idle, if applicable;
e. The HC content of the undiluted exhaust recorded at 2,500 rpm, if applicable;

f. The CO content of the undiluted exhaust recorded at 2,500 rpm, if applicable; g. Results of a tampering check, if applicable; h. Liquid fuel leak inspection results; i. The vehicle model year; j. The vehicle make;

k. The GVWR for a vehicle certified under federal truck standards; l. The date of inspection;Supp. 12-1 Page 128 March 31, 2012

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m. The license number of the vehicle emissions inspe ctor conducting the inspection; n. The signature of the inspector making the entry; o. The serial number of the certificate of inspectio n, recorded in numerical order; p. For a vehicle required to take the transient load ed emissions test, the inspector shall record the tota l HC, CO, CO2 and NOx measured in grams/mile, and the evaporative system pressure test result, if applicable; q. The registration number of the registered analyze r or opacity meter used to perform the inspection; r. For a light-duty diesel vehicle, the inspector sh all record opacity rather than undiluted HC and CO; s. For a heavy-duty diesel vehicle, instead of undil uted
HC and CO: i. The time of the inspection; ii. The ambient temperature; iii. The corrected barometric pressure; iv. The relative humidity at the time of inspection;v. The engine year and cubic inch or liter displacement; vi. The GVWR; vii. The diameter of the exhaust stack; and viii. The corrected opacity reading. t. For a vehicle required to take an OBD test, the inspector shall record the OBD results rather than HC, CO, and NOx. 3. A certificate of waiver may be issued by a fleet vehicle emissions inspector unless the fleet owner or lesse e is an
auto dealer licensed to sell used motor vehicles un der A.R.S. Title 28. The certificate of waiver may be i ssued according to the following procedure if the require ments of R18-2-1008(A), R18-2-1009, and R18-2-1010 are me t: a. A certificate of waiver shall be completed andsigned by the vehicle emissions inspector performing the inspection after completion of a fleet insp ection waiver report. The report shall be forwarded t o the Department within three business days from the
date of issuance of the certificate of waiver. A fl eet inspection waiver report shall be provided by the Department with the purchase of each certificate of waiver. The report shall contain a description of the vehicle, test results, and repairs performed. b. The expiration date of the certificate of waiver shall be two years from the date that the waiver is issue d for a vehicle required to take the transient loaded emissions test, and one year for all other vehicles

. c. All information required on the certificate of wa iver shall be legible. d. The vehicle emissions inspector issuing the certi ficate of waiver shall initial all corrections. e. Only the vehicle emissions inspector performing the inspection may sign or initial a certificate of wai ver. f. Unless inspection data is electronically transmit ted under A.R.S. § 49-542(Q), the original completed certificate shall be presented to MVD for processin g of either the vehicle’s application for title and r egistration or the Arizona registration card. MVD may accept the signed certificate of waiver as evidence that the vehicle is a fleet inspected vehicle and m eets the inspection requirements of this Article if the certificate is complete and the expiration date has no t passed. g. The second copy of each completed certificate ofwaiver shall accompany the completed fleet inspection waiver report. h. The third copy of each completed certificate of waiver, along with a copy of the fleet inspection waiver report, shall be retained by the fleet stati on owner for two years from the date of inspection.
i. The fee for a certificate of waiver shall be fixe d by the Director according to A.R.S. § 49-543, and shal l be based upon the Director’s estimated cost to the state of administering and enforcing the provisions of this Article as they apply to issuance of a certificate of waiver. Payment for certificates shall be included with an application for certificates. Chec ksshall be made payable to the Department of Environmental Quality. j. Only the Department shall sell or otherwise trans fer

a certificate of waiver. This subsection does not apply to the submission of a certificate of waiver to MVD for the purpose of vehicle registration. k. The fleet station owner shall be responsible for the security and accountability of the fleet’s certific ates. l. If a certificate is discovered lost or stolen, th e fleet station owner shall notify the Department in writin gwithin 24 hours and indicate the number of certificates lost or stolen and each serial number. The Department may revoke a fleet station permit for refusal or failure to report a lost or stolen certi ficate within 24 hours of discovery. m. In the event of loss, destruction, or mutilation of an original completed certificate of waiver, a Directo r’s certificate may be obtained from the Department by hand delivery of the following: i. The second or third copy of the lost, destroyed, or mutilated certificate of waiver; ii. The original of the “Fleet Vehicle Inspection Report/Monthly Summary;” iii. A cover letter from the fleet agent explaining the situation that caused the loss, destruction, or mutilation of the original certificate of waiver;
and iv. Payment of a fee to cover the cost of issuance
of the Director’s certificate. The fee for a Director’s certificate shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director’s estimated cost to the state of administering and enforcing the provisions of this Article as they apply to
issuance of a Director’s certificate. Checks shall be made payable to the Department of Environmental Quality. n. In the event an original certificate of waiver is voided by a fleet station, the original of the void ed certificate shall be matched to the corresponding third copy of the certificate and retained by the f leet for two years from the date of inspection. 4. Upon request, a state inspector shall be allowed access to and shall be permitted to photocopy, on or off the premises, any original “Fleet Vehicle Inspection Report/ Monthly Summary,” the second copy of a certificate of inspection, and any other related documents.

G. The fleet shall comply with the following general o perating requirements: 1. The fleet station permit and the licenses of all inspectors employed at the station shall be prominently displayed at the fleet’s inspection facility.Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 129 Supp. 12-1 2. A fleet station shall only certify a vehicle owne d by or leased to the holder of the fleet station permit. 3. The inspection equipment shall be operated, calib rated,
and maintained as follows: a. All test equipment and instrumentation shall be maintained in accurate working condition asrequired by the manufacturer. An instrument requiring periodic calibration shall be calibrated accord ing

to instructions and recommendations of the instrument or equipment manufacturer. An NDIR emissions analyzer shall be registered and calibrated according to R18-2-1027. Calibration records foreach instrument, except an NDIR emissions analyzer, shall be maintained by the fleet station. Th e calibration records shall be signed and dated by th e technician performing each calibration.
b. The instrument calibration records shall be avail able for review by the Department. c. Working gases used by the fleet station shall be subject to analysis and comparison to the Department’s standard gases at any time. d. Fleet station equipment shall be subject to both scheduled and unscheduled checks for accuracy and condition by the Department. 4. A fleet emissions inspection station that is unab le to test at least 25 vehicles according to R18-2-1006 and subsection (A) shall surrender its permit. 5. A motor vehicle dealer with a fleet station permi t shall comply with A.R.S. § 49-542.03. 6. If a fleet station fails to meet any requirement of subsection (B), (C), or (D), it shall immediately cease o perating as a fleet station until the requirement is met. If the fleet is cited for failure to have the necessary equipmen t under subsection (B), it shall not resume operation as a fleet emissions inspection station until compliance is ve rified by the Department. 7. A fleet station shall notify the Department in writing within seven days of the end or start of employment of any vehicle emissions inspector. The written notifi cation
shall include the name and license number of the ve hicle emissions inspector, a statement declaring the empl oyment change, and the effective date of the employme nt change. A fleet station that does not employ a vehi cle emissions inspector shall immediately cease operati ng as a fleet station and notify the Department immediate ly by telephone and within seven days in writing. All unu sed vehicle certificates of inspection shall be returne d to the Department for a refund within seven days after ope rations cease. 8. A fleet station that does not employ a fleet agent, as described in subsection (D)(4), shall immediately c ease operating as a fleet station and shall notify the D epartment immediately by telephone and within seven days in writing. The written notification shall include the name and license number of the fleet agent, a statement declaring the employment change, and the effective date o f the employment change. The fleet station may resume fle et station operation after the permit applicant or oth er designated employee takes and passes the examination required in subsection (D)(4), if the responsibilit y of the day-to-day operation of the fleet station and a fle et agent designation form has been filed with the Department

. H. A fleet’s activities shall be governed by the follo wing compliance and enforcement rules: 1. Subsections (B) through (G) apply at all times af ter the issuance of a fleet station permit. In addition, su bsections (B), (C), and (D) apply before a permit can be issu ed or

removed from suspension. 2. The Director may suspend or revoke a fleet statio n permit according to A.R.S. § 49-546(F) and A.R.S. Title 41

, Chapter 6, if the permittee, or any person employed by the permittee: a. Violates any provision of A.R.S. Title 49, Chapte r 3, Article 5 or any provision of this Article; b. Misrepresents a material fact in obtaining a perm it; c. Fails to make, keep, and submit to the Department records for a vehicle tested as a permittee; or d. Does not provide a state inspector access to the information required by this Article. 3. If a fleet station permit is surrendered, suspend ed or revoked, all unused vehicle certificates of inspection shall be returned to the Department for a refund. 4. A fleet vehicle is subject to inspection by a state inspector. 5. Surrender of a permit under subsection (A)(8) or (G)(4) shall not prevent the Department from carrying out an investigative or disciplinary proceeding against th e permit holder for a violation before surrender.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1019 as amended effective February 20, 1980, and amended as an emer

gency effective January 2, 1981, now amended effect ive April 15, 1981 (Supp. 81-2). Amended effective Janu ary 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1019 renumbered as Section R18-2-1019 and amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective February 4, 1993 (Supp. 93-1). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 562, effect ive January 14, 2000 (Supp. 00-1). Amended by final rul emaking at 8 A.A.R. 90, effective January 1, 2002 (S upp. 01-4). Amended by final rulemaking at 14 A.A.R. 283 4,

effective July 1, 2008 (Supp. 08-3).

R18-2-1020. Licensing of Third Party Agents; Issuing Alternative Fuel Certificates

A. Licensing of Third Party Agents. The Department sha ll accept an application for a third party agent license to i ssue Alternative Fuel Certificates from any person who demonstr ates all of the following: 1. The applicant has knowledge of all laws and rules governing the inspection of alternative fuel vehicles; 2. The applicant has training or experience in inspe cting alternative fuel vehicles; and 3. The applicant agrees to conduct inspections in ac cordance with the laws and rules for the inspection ofalternative fuel vehicles.

B. A third party agent license is valid for a period o f five years.

C. Issuing Alternative Fuel Certificates. The Departme nt or its agent shall issue an Alternative Fuel Certificate a ccording to A.R.S. § 28-2416 if the vehicle is currently powere d by an alternative fuel as defined in A.R.S. § 1-215(4).Supp. 12-1 Page 130 March 31, 2012

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Historical ote New Section adopted by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amend ed by final rulemaking at 8 A.A.R. 90, effective January 1,

2002 (Supp. 01-4).

R18-2-1021. Reserved

R18-2-1022. Procedure for Waiving Inspections Due to Technical Difficulties A vehicle emissions station manager employed by an official emissions inspection station may issue a Director’s certificate for a vehicle that cannot be inspected as required by this Article because of
technical difficulties inherent in the manufacturer ’s design or construction of the vehicle.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1022 renumbered without change as Section R18-2-1022 (Supp. 88-3). Amended by fina l rulemaking at 6 A.A.R. 562, effective January 14, 2 000

(Supp. 00-1).

R18-2-1023. Certificate of Exemption for Out-of-Stat e Vehicles

A. If a vehicle being registered or reregistered in ar ea A or area B requires an emission test and will not be available for inspection within the state during the 90-day period befo re the emissions compliance expiration date, and an emissions inspection
is not available for that class of vehicle at an of ficial inspection station in the area where the vehicle is located, the owner or owner’s agent may apply in writing to the Departmen t for a certificate of exemption.

B. The owner or owner’s agent shall complete the owner portion of the certificate of exemption form, and a law enf orcement official shall complete the vehicle verification po rtion. The owner or owner’s agent shall submit the completed f orm to the Department.

C. The Department shall issue a certificate of exempti on: 1. For a vehicle that meets the requirements of subs ection (A) as indicated by the form completed under subsec tion (B). 2. For a vehicle that has passed an official emissio ns inspection in another state during the 90 days before emi ssions compliance expiration upon submission of the inspec tion compliance document issued by the government entity conducting the inspection program.

D. The fee for a certificate of exemption shall be fix ed by the Director according to A.R.S. § 49-543 and shall be based upon
the Director’s estimated costs to the state of admi nistering and enforcing the provisions of this Article as they ap ply to issuance of certificates of exemption. The payment for the certificates shall be included with the application for ce rtificates. Checks shall be made payable to the Department of E nvironmental Quality.

Historical ote Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981 p ursuant to A.R.S. § 41-1003, valid for only 90 days ( Supp. 81-1). Former Section R9-3-1023 as amended effectiv e January 3, 1979 and amended as an emergency effecti ve January 2, 1981 now amended effective April 15, 198 1 (Supp. 81-2). Amended effective January 1, 1986 (Su pp. 85-6). Former Section R9-3-1023 renumbered without change as Section R18-2-1023 (Supp. 88-3). Amended effective February 4, 1993 (Supp. 93-1). Amended effective November 14, 1994 (Supp. 94-4). Amended by fin al rulemaking at 6 A.A.R. 562, effective January 14, 2 000

(Supp. 00-1).

R18-2-1024. Expired

Historical ote New Section made by final rulemaking at 8 A.A.R. 84

, effective December 14, 2001 (Supp. 01-4). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 1128

, effective April 30, 2008 (Supp. 09-2).

R18-2-1025. Inspection of Contractor’s Equipment and Personnel

A. State stations shall be inspected by state inspecto rs as follows:

1. In Area A: a. Automated emission analyzers, calibrated and main

tained according to “IM240 and Evap Technical Guidance,” shall be inspected using state station field calibration gases at least once every other
month. b. Opacity meters shall be inspected for accuracy us ing a neutral density filter at least once each month. c. During audits, a check shall be made for equipment tampering, worn instrumentation, blocked filters, and other conditions that would impair accurate sampling.

2. In Area B: a. Automated emission analyzers shall be inspected using state station field calibration gases at leas t two times each month. b. Opacity meters shall be inspected for accuracy us ing a neutral density filter at least two times each mo nth. c. During audits, a check shall be made for tamperin g, worn instrumentation, blocked filters, and other co nditions that would impair accurate sampling.d. Functional checks of dynamometer accuracy including roll speed and power absorption shall be performed at least quarterly.

B. Equipment used to perform a transient loaded emissi ons test, shall be audited at least twice a year for all of the following: 1. Constant volume sampler critical flow and calibra tion; 2. Optimization of the flame ionization detector fue l to air ratio using methane; 3. Proper dynamometer coast down, roll distance, andinertia weight; 4. Ability to detect background pollutant concentrat ions; 5. Evaporative pressure test system for accuracy, re sponse time, and other criteria consistent with “IM240 and Evap Technical Guidance;” and 6. Functional gas cap analysis equipment.

C. If an equipment audit of an inspection lane in eith er area A or area B indicates that a state station analyzer is n ot operating within contractually specified tolerance, the state inspector shall immediately re-audit the failing equipment. I f the equipment fails the second audit, the inspector shall im mediately notify the station manager. The station manager sha ll either replace or repair the failing equipment or close th e affected lane until the equipment is repaired and its accura cy verified. The state inspector shall provide a copy of the ana lyzer’s failing results to the station manager.

D. A state station analyzer removed by the contractor may be returned to service upon its repair and written ver ification of a passing calibration audit. The contractor shall imm ediatelyArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 131 Supp. 12-1 notify the Department in writing of the analyzer’s return to service. The contractor’s calibration audit of the analyzer shall be provided to the Department within seven calendar days after the analyzer’s return to service.

E. State inspectors shall conduct performance audits t o determine whether vehicle emissions inspectors are correctly performing all inspections and functions related to inspection s as follows: 1. Overt audits at least two times each year for eac h inspection lane: a. Check for proper document security; b. Check for required recordkeeping including vehicl e emissions inspector licenses; and
c. Observation and written evaluation of each vehicl eemissions inspector’s ability to perform an inspection. 2. State station and vehicle emissions inspector rec ords shall be reviewed at least monthly to assess station performance and identify any problems, potential fraud, o r incompetence. 3. If a vehicle emissions inspector fails an audit under subsection (E)(1) or (E)(2), the vehicle emissions ins pector’s license may be suspended or revoked according to R1 8-2- 1016(A)(4).

F. On-road emissions analyzers shall be inspected by a state inspector at least monthly using dry-gas analysis e quipment.

G. If an equipment audit indicates that an on-road emi ssions analyzer is not operating within contractually specifi ed tolerance, the state inspector shall immediately re-audit the failing equipment. If the equipment fails the second audit, the inspector shall immediately notify the contractor and the contractor shall repair or replace the equipment according to subsec tions (C) and (D).

Historical ote Adopted effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1025 as amended effective March 2, 1978, and amended as an emergenc y effective January 2, 1981, now amended effective Ap ril 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (A) effective January 1, 1987, filed December 31, 1986 (Supp. 86- 6).
Former Section R9-3-1025 renumbered as Section R18- 2-1025 and subsection (C) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1)

. Amended by final rulemaking at 8 A.A.R. 90, effecti ve

January 1, 2002 (Supp. 01-4).

R18-2-1026. Inspection of Fleet Stations

A. Equipment used by fleet stations shall be inspectedby state inspectors for accuracy as follows: 1. Emission analyzers shall be inspected using fieldcalibration gases at least quarterly. 2. Opacity meters shall be inspected using a neutral density filter at least quarterly. 3. Equipment for transient loaded emissions tests sh all be inspected according to R18-2-1025(A) and (B).

B. A fleet station’s emissions analyzer shall not be u sed for an official emissions inspection if: 1. The state’s field calibration gases are not read within the tolerances prescribed by subsection (J); 2. There is a leak in the sampling systems or the ca libration
port; or 3. The sample handling system is restricted.

C. The fleet station is responsible for calibration ofthe fleet station emission analyzer.

D. A state inspector may, at the inspector’s discretio n, allow a fleet station employee, or someone authorized by th e fleet station, to calibrate the analyzer utilizing the state ’s field calibration gases.

E. The Department shall assign HC and CO concentration s to a calibration gas submitted by a fleet station emissi on analyzer technician and purchased from a private source.

F. A state inspector shall tag a fleet station emissio n analyzer if the analyzer does not meet the requirements of this Section. The fleet vehicle emissions inspector shall not use the analyzer for inspection until the tag is removed by a state inspector or an analyzer repair person certified under R18-2-102 8. The tag shall be in the form of a U.S. postcard and containthe information listed in R18-2-1027(E).

G. An analyzer tagged under subsection (F) shall not b e returned to service until its accuracy is verified by a stat e inspector or an emissions analyzer repair person certified under R18-2-

1028.

H. A fleet station is responsible for periodic mainten ance and calibrations of its emissions analyzers. Repair and ma intenance requirements are prescribed in R18-2-1019.

I. If a state inspector has approved its use, a fleet station may lease or borrow an emission analyzer for official i nspections for up to six months while the station’s approved analyzer is being repaired.

J. Fleet station analyzers used for transient loaded t ests shall comply with and be quality control checked accordin g to “IM240 and Evap Technical Guidance.” All other flee t station emission analyzers used for emissions inspections are required to read the calibration gases within the following tolerances: 1. Within plus 0.50% CO to minus 0.25% CO in the ran ge from 0 to 2% CO; 2. Within plus 1.00% CO to minus 0.50% CO in the ran ge from 2% to 10% CO; 3. Within plus 60 PPM HC to minus 30 PPM HC in the range from 0 to 500 PPM HC when read as N-HEXANE;
and 4. Within plus 200 PPM HC to minus 100 PPM HC in therange from 500 to 2,000 PPM HC when read as N-HEXANE.

K. A fleet station opacity meter used for emission ins pections is required to read the equivalent opacity value of ne utral density filter within ± 5% opacity at any point in the rang e of the

meter.
L. A state inspector shall conduct performance audits to determine whether a vehicle emissions inspector is corre ctly performing inspections and functions related to inspec tions as

follows: 1. Overt audits at least two times each year for eac h facility: a. Check for proper document security; b. Check for required recordkeeping including vehicl e emissions inspector licenses; and
c. Observe and make a written evaluation of each veh icle emissions inspector’s ability to perform an inspection. 2. Fleet station and vehicle emissions inspector rec ords shall be reviewed at least monthly to assess fleet perfor mance and identify any problems, potential fraud, or inco mpetence.

Historical ote Adopted effective January 3, 1977 (Supp. 77-1). Amended effective January 1, 1986 (Supp. 85-6). Amended subsections (A) and (J) and added subsectio nSupp. 12-1 Page 132 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

(K) effective January 1, 1987, filed December 31, 1 986 (Supp. 86-6). Former Section R9-3-1026 renumbered a s Section R18-2-1026 and subsections (B), (F), (G) an d (H) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effect ive

January 14, 2000 (Supp. 00-1).

R18-2-1027. Registration and Inspection of Emissions Analyzers and Opacity Meters

A. An automotive repair facility may apply to the Department at no charge for registration of NDIR HC and CO analyz ers, and opacity meters. NDIR emission analyzers and opacity meters used by fleet inspection stations shall be register ed for the fleet station permit approval. Application forms for analyzer or opacity meter registration are available from the D epartment. Completed application forms shall be submitted to the Department. For purposes of 18 A.A.C. 1, the application components for registration of an analyzer or opacity me ter are: 1. The Department receives a completed application f orm; 2. The applicant or employee successfully completes the
“Certified Technician” examination described in R18 -2- 1028(A)(2); and 3. The Department inspects the analyzer.

B. A registered analyzer shall be calibrated at least monthly, by a certified technician, with calibration gases approv ed by the Department. A registered opacity meter shall be cal ibrated according to manufacturer’s specifications before p erforming the first vehicle emissions inspection in any month

. C. A registered analyzer shall meet the requirements o f R18-2- 1006(F)(8)(a). Calibration shall be verified by a s tate inspector before the analyzer is registered. The analyzer sha ll read the value of the calibration gases within the following tolerances: 1. Plus 0.50% CO to minus 0.25% CO in the range from0 to 2% CO; 2. Plus 1.00% CO to minus 0.50% CO in the range from2% to 10% CO; 3. Plus 60 PPM HC to minus 30 PPM HC in the range fr om 0 to 500 PPM HC when read as N-HEXANE; and 4. Plus 200 PPM HC to minus 100 PPM HC in the range from 500 to 2,000 PPM HC when read as N-HEXANE.

D. Each registered opacity meter and analyzer shall have a unique registration number assigned by the Department. The technician shall maintain a repair and calibration log fo r each registered opacity meter and analyzer on a form provided by the Department. The log shall be made available to a st ate inspector on request.
E. A state inspector shall tag a registered opacity me ter or analyzer if the opacity meter or analyzer does not mee t the requirements of this Section. A tagged opacity mete r or analyzer shall not be used for the purposes of R18-2-1 010 or R18- 2-1019 until the tag is removed by a state inspecto r or an emission analyzer repair person certified under R18-2-1 028 after accuracy is verified. 1. The tag shall be in the form of a U.S. postcard and contain the following information: a. Analyzer registration number or opacity meter reg istration number, b. Brief statement that the analyzer does not meet s tate operating requirements for registered analyzers, c. Reason for tagging, d. Date the analyzer was tagged and the signature of state inspector issuing the tag, e. Details of repairs performed to correct the failu re, f. CO and HC concentrations of calibration gases use d to verify analyzer accuracy, g. Analyzer readings when gases were introduced into the analyzer sampling probe, and h. Repair person’s certificate number and signature or signature of state inspector removing the tag and date accuracy is verified. 2. The tag shall be returned to the Department withi n two business days after accuracy is verified.

F. An owner of a registered emission analyzer or opaci ty meter shall notify the Department within seven business d ays of the retirement, resignation, or termination of any lice nsed vehicle emissions inspector or certified technician. The De partment shall revoke the registration of an emission analyz er or opacity meter if the owner of the analyzer or meter does no t employ an inspector licensed under R18-2-1019 or a technician certified

under R18-2-1028.

Historical ote Adopted effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1027 as amended effective January 3, 1979, and amended as an emerge ncy effective January 2, 1981, now amended effective Ap ril 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 198 7, filed December 31, 1986 (Supp. 86-6). Former Sectio nR9-3-1027 renumbered as Section R18-2-1027 and subsections (B), (D), (F) and (G) amended effective Au gust 1, 1988 (Supp. 88-3). Amended effective November 14

, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1)

. Amended by final rulemaking at 8 A.A.R. 90, effecti ve January 1, 2002 (Supp. 01-4). Amended by final rule

making at 14 A.A.R. 2834, effective July 1, 2008 (S upp. 08-3).

R18-2-1028. Certification of Users of Registered Ana lyzers and Analyzer Repair Persons

A. A person may be certified to use a registered analy zer and opacity meter if: 1. The person completes the application form and sub mits it to the Department; and 2. The person demonstrates proficiency by scoring 80 % or higher on a Department-administered examination in the following areas: a. Equipment used in the inspection and control of emissions; b. Types of emissions inspection failures; c. Correction procedures for excessive HC emissions; d. Correction procedures for excessive CO emissions; e. Proper carburetor adjustment procedures; and f. Diesel fuel injection systems.

B. Certification under subsection (A) shall be valid f or one year from date of issue and may be renewed, under the co nditions of subsection (A), by submitting a renewal application to the Department 30 days before the current certification expiration
date.

C. A person certified under subsection (A) shall notif y the Department within seven business days of the person ’s retirement, resignation, or termination from employment.

D. A person may be certified to repair and remove tags from an emission analyzer under R18-2-1027 if: 1. Application is made to the Department;Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 133 Supp. 12-1 2. The person demonstrates proficiency by scoring 80 % or higher on a Department-administered examination in the following areas: a. State and federal regulations governing emissions analyzers, b. Fundamentals of emission analyzer operation, repa ir and preventive maintenance, c. Theory of operation of vehicle emissions control

devices.

E. Certification under subsection (D) shall be valid f or one year from date of issue and may be renewed, under the co nditions of subsection (D), by submitting a renewal applicat ion to the Department 30 days before the current certificationexpiration
date.

F. Each person certified under this Section shall rece ive a unique
nontransferable certification number.

G. The Department may suspend, revoke or refuse to ren ew the certification issued under subsection (A) if: 1. The person’s actions demonstrate a lack of profic iency in the areas listed under subsection (A)(2); or 2. The person has willfully violated any provision o f this
Article.

H. The Department may suspend, revoke, or refuse to re new the certification issued under subsection (D) if: 1. The person’s actions demonstrate a lack of profic iency in the areas listed under subsection (D)(2); or 2. The person has willfully violated any provision o f this
Article.

Historical ote Adopted effective January 1, 1986 (Supp. 85-6). Amended subsections (A) and (F) effective January 1

, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1028 renumbered as Section R18-2-1028 and subsection (D) amended effective August 1, 1988 (Su pp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A. R. 562, effective January 14, 2000 (Supp. 00-1).

R18-2-1029. Vehicle Emission Control Devices For the purposes of A.R.S. §§ 28-955 and 49-447, a registered motor vehicle shall have in operating condition all emission control devices installed by the vehicle manufacturer to co mply with federal requirements for motor vehicle emissions or equivalent aftermarket replacement parts or devices.

Historical ote Adopted effective January 3, 1977 (Supp. 77-1). Former Section R9-3-1029 renumbered as Section R18-2-1029 and amended effective August 1, 1988 (Supp. 88-3). Amended by final rulemaking at 6 A.A.R. 562, effect ive

January 14, 2000 (Supp. 00-1).

R18-2-1030. Visible Emissions; Mobile Sources

A. A vehicle other than a diesel-powered vehicle or 2- stroke vehicle that emits any visible emissions for 10 consecutive seconds or more is “excessive” for the purposes of A.R.S. § 28-955(C).

B. A diesel-powered vehicle shall not emit any visible emissions

in excess of: 1. Twenty percent visual opacity for 10 consecutive seconds or more at or below 2,000 feet elevation; 2. Thirty percent visual opacity for 10 consecutive seconds or more above 2,000 feet and at or below 4,000 feetelevation; and 3. Forty percent visual opacity for 10 consecutive s econds above 4,000 feet elevation. C. A vehicle that exceeds the standards in subsection (B) fails the inspection under R18-2-1006 and is considered to have “excessive” emissions under A.R.S. § 28-955(C).

Historical ote Adopted effective January 3, 1977 (Supp. 77-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 day s (Supp. 81-1). Former Section R9-3-1030 as adopted effective January 3, 1977, and amended as an emerge ncy effective January 2, 1981, now amended effective Ap ril 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (C) effective January 1, 1987, filed December 31, 1986 (Supp. 86- 6).
Former Section R9-3-1030 renumbered as Section R18- 2-1030 and subsection (C) amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1)

. R18-2-1031. Standards for Evaluating the Oxidation E fficiency of a Catalytic Converter

A. Except for a vehicle requiring an Idle-Only Inspect ion, a gasoline-powered vehicle requiring a catalytic converte r test under R18-2-1008(C) shall be tested using the following C atalyst Efficiency Test Procedure: 1. Immediately after a vehicle completes an Inspecti on and Maintenance (I/M) test in the waiver lane, the exhaust sampling cone shall be removed from the tailpipe. T he vehicle shall remain on the dynamometer with the en gine idling and the transmission in neutral. The vehicle engine must be at normal operating temperature. 2. For the catalyst test, the dynamometer and the co nstant volume sampler shall remain at the settings used fo r the
vehicle’s I/M test. 3. The inspector shall insert the sampling tube for the A/F analyzer into the tailpipe of the vehicle. 4. The inspector shall accelerate the vehicle to 40 ± 2.5 MPH and maintain a steady-state operating mode for the

duration of the test. Once the vehicle obtains the test speed, the test shall begin. 5. Once the test begins, a two-minute stabilization period shall take place, during which the inspector shall monitor the A/F analyzer to ensure that the A/F is 14.0 or greater. If the mean A/F is less than 14.0, the inspector sh all abort

the test. 6. If the A/F is 14.0 or greater, the exhaust sampli ng cone shall be repositioned for exhaust sampling. 7. After the stabilization period ends, the total hy drocarbon
and methane concentrations and the A/F ratio shall be continuously recorded for two minutes. 8. At the end of the two-minute sampling period, the inspector shall stop the vehicle, remove the exhaust samp ling cone and the A/F analyzer sampling probe from the tailpipe, and remove the vehicle from the dynamomet er. 9. The mean total hydrocarbon concentration shall be divided by the mean methane concentration for the recorded values of the test, to produce a ratio (R) of total hydrocarbon to methane. The ratio, R, shall be appl ied to the formula: Catalyst Efficiency (%) = -3 (R) +100. 10. A vehicle passes the test if the Catalyst Effici ency (%) is 75% or greater. 11. The test result for a non-passing vehicle with a mean A/F equal to, or less than, 14.3 shall be inconclusive. 12. A vehicle fails the Catalyst Efficiency Test Pro cedure if the A/F is greater than 14.3 and the Catalyst Effic iencySupp. 12-1 Page 134 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

(%) is less than 75%. The failing vehicle cannot be granted a waiver according to R18-2-1008(C)(1).

B. Analytical equipment required to perform the Cataly st Efficiency Test Procedure shall meet the following requ irements: 1. Analyzer Specifications: a. An analyzer shall meet performance specifications of 40 CFR 86 subparts B, D, and N with respect to accuracy, precision, drift, interference, and noise . 40 CFR, subparts B, D, and N, adopted as of July 1, 1998, are incorporated by reference and on file wit h the Department and the Secretary of State. Thisincorporation contains no future editions or amendments. A copy of this referenced material may be obtained from the U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington D.C. 20402-9328. b. Total hydrocarbon analysis shall be determined bya flame ionization detector. The analyzer shall be si ngle range with a calibration curve covering at leas t 0 to 300 ppm carbon. c. Methane analysis shall be determined by a flame ionization detector equipped with a non-methane cutter capable of oxidizing 98% of the hydrocarbons(except methane) while more than 90% of the methane remains unchanged. The analyzer shall be single range with a calibration curve covering at least 0 to 30 ppm. d. Engine A/F mixture analysis shall be determined b y a Universal Exhaust Gas Oxygen Sensor. The rangeshall be 8.0 to 25.5 A/F for gasoline with an accuracy of ±2% of point and a response time of less th an 150 milliseconds. 2. Analyzer Performance Verification and Calibration : a. The operator of an analyzer under this Section sh allverify analyzer performance according to manufacturer recommendations. b. Upon initial installation, and monthly thereafter, the operator of an analyzer under this Section shall ge nerate a 10-point calibration curve for each total hydrocarbon and methane analyzer. A gas divider employing equally spaced points may be used to generate the calibration curve. i. Each calibration curve generated shall fit the data within ± 2.0% at each calibration point.

ii. Each calibration curve shall be verified for eac h analyzer with a confirming calibration standard
between 15-80% of full scale that is not used for curve generation. Each confirming standard shall be measured by the curve within ± 2.5%.

Historical ote Adopted effective January 1, 1987, filed December 3 1, 1986 (Supp. 86-6). Former Section R9-3-1031 renumbe red as Section R18-2-1031 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1 994 (Supp. 94-4). Amended by final rulemaking at 6 A.A. R. 382, effective December 20, 1999 (Supp. 99-4).

Table 1. Dynamometer Loading Table - Annual Tests

Historical ote Adopted effective November 14, 1994 (Supp. 94-4).

Table 2. Emissions Standards - Annual Tests

MAXIMUM ALLOWABLE

Motorcycles

Reconstructed Vehicles

Light-Duty Vehicles Gross Vehicle Weight
Rating (Pounds) Engine Size Speed (MPH) Load

(HP) 8500 or less 4 cyl. or less 22-25 2.8-4.1 8500 or less 5 or 6 cyl. 29-32 6.4-8.4 8500 or less 8 cyl. or more 32-35 8.4-10.8

8501 or more All 37-40 12.7-15.8

Vehicle Engine Type Vehicle

Model Year Number of

Cylinders Conditioning Mode Curb Idle Mode Test Loaded Cruise M ode Test

HC PPM CO % HC PPM CO % HC PPM CO %

2-Stroke All All 18,000 5.00 18,000 5.00 N/A N/A
4-Stroke All All 500 5.00 1,800 5.50 N/A N/A

Vehicle Engine Type Vehicle

Model Year Number of

Cylinders Conditioning Mode Curb Idle Mode Test Loaded Cruise M ode Test

HC PPM CO % HC PPM CO % HC PPM CO %

4-Stroke 1967-1980 All 700 5.25 1,200 7.50 1,200 5.60

4-Stroke 1980 &

Newer All 700 5.25 1,200 7.50 700 5.25

Vehicle Engine Type Vehicle

Model Year Number of

Cylinders Conditioning Mode Curb Idle Mode Test Loaded Cruise M ode Test

HC PPM CO % HC PPM CO % HC PPM CO %

2-Stroke All All 18,000 5.00 18,000 5.00 18,000 5.00

4-Stroke 1967-1971 4 or less 450 3.75 500 5.50 500 4.20

4-Stroke 1967-1971 more than 4 380 3.00 450 5.00 450 3.75

4-Stroke 1972-1974 4 or less 380 3.50 400 5.50 400 4.20Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 135 Supp. 12-1 Light-Duty Truck 1 (0-6000 lbs GVWR)

Light-Duty Truck 2 (6001 - 8500 lbs GVWR)

Heavy-Duty Truck (8501 lbs or greater GVWR)

Historical ote
Renumbererd from R18-2-1006 and amended effective N ovember 14, 1994 (Supp. 94-4). See emergency amendm ent below (Supp. 94-4). Emergency amendment adopted effective December 23, 1994, pursuant to A.R.S. § 41-1026, v alid for 180 days (Supp. 95-2). Emergency amendment expired, previous text placed back into effect effective June 21, 19 95 (Supp. 95-3).

Amended by final rulemaking at 8 A.A.R. 90, effecti ve January 1, 2002 (Supp. 01-4). 4-Stroke 1972-1974 more than 4 300 3.00 400 5.00 400 3.75

4-Stroke 1975-1978 4 or less 120 1.00 250 2.20 250 1.65

4-Stroke 1975-1978 more than 4 120 1.00 250 2.00 250 1.50

4-Stroke 1979 4 or less 120 1.00 220 2.20 220 1.65

4-Stroke 1979 more than 4 120 1.00 220 2.00 220 1.50

4-Stroke 1980 &

newer All 100 0.50 220 1.20 220 1.20

Vehicle Engine Type Vehicle

Model Year Number of

Cylinders Conditioning Mode Curb Idle Mode Test Loaded Cruise M ode Test

HC PPM CO % HC PPM CO % HC PPM CO %

2-Stroke All All 18,000 5.00 18,000 5.00 18,000 5.00

4-Stroke 1967-1971 4 or less 450 3.75 500 5.50 500 4.20

4-Stroke 1967-1971 more than 4 380 3.00 450 5.00 450 3.75

4-Stroke 1972-1974 4 or less 380 3.50 400 5.50 400 4.20

4-Stroke 1972-1974 more than 4 300 3.00 400 5.00 400 3.75

4-Stroke 1975-1978 4 or less 120 1.00 250 2.20 250 1.65

4-Stroke 1975-1978 more than 4 120 1.00 250 2.00 250 1.50

4-Stroke 1979 4 or less 120 1.00 220 2.20 220 1.65

4-Stroke 1979 more than 4 120 1.00 220 2.00 220 1.50

4-Stroke 1980 & newer All 100 0.50 220 1.20 220 1.20

Vehicle Engine Type Vehicle

Model Year Number of

Cylinders Conditioning Mode Curb Idle Mode Test Loaded Cruise M ode Test

HC PPM CO % HC PPM CO % HC PPM CO %

2-Stroke All All 18,000 5.00 18,000 5.00 18,000 5.00

4-Stroke 1967-1971 4 or less 450 3.75 500 5.50 500 4.20

4-Stroke 1967-1971 more than 4 380 3.00 450 5.00 450 3.75

4-Stroke 1972-1974 4 or less 380 3.50 400 5.50 400 4.20

4-Stroke 1972-1974 more than 4 300 3.00 400 5.00 400 3.75

4-Stroke 1975-1978 All 300 3.00 350 4.00 350 3.00

4-Stroke 1979 4 or less 120 1.00 220 2.20 220 1.65

4-Stroke 1979 more than 4 120 1.00 220 2.00 220 1.50

4-Stroke 1980 & newer All 100 0.50 220 1.20 220 1.20

Vehicle Engine Type Vehicle

Model Year Number of

Cylinders Conditioning Mode Curb Idle Mode Test Loaded Cruise M ode Test

HC PPM CO % HC PPM CO % HC PPM CO %

2-Stroke All All 18,000 5.00 18,000 5.00 18,000 5.00

4-Stroke 1967-1971 4 or less 450 3.75 500 5.50 500 4.20

4-Stroke 1967-1971 more than 4 380 3.00 450 5.00 450 3.75

4-Stroke 1972-1974 4 or less 380 3.50 400 5.50 400 4.20

4-Stroke 1972-1974 more than 4 300 3.00 400 5.00 400 3.75

4-Stroke 1975-1978 All 300 3.00 350 4.00 350 3.00

4-Stroke 1979 & newer All 300 3.00 300 4.00 300 3.00Supp. 12-1 Page 136 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Table 3. Emissions Standards - Transient Loaded Emis sions Tests FINAL STANDARDS (Standards are in grams per mile)

(i) Light Duty Vehicles

(ii) Light Duty Trucks 1 (less than 6000 pounds GVWR)

(iii) Light Duty Trucks 2 (greater than 6000 pounds GVWR)

Historical ote Adopted effective November 14, 1994 (Supp. 94-4). A mended by final rulemaking at 6 A.A.R. 382, effecti ve December 20, 1999 (Supp. 99-4). Table heading amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Sup p. 01-4). Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

1981-1982 3.0 2.5 25.0 21.8 3.5 3.4

1983-1985 2.4 2.0 20.0 17.3 3.5 3.4

1986-1989 1.6 1.4 15.0 12.8 2.5 2.4

1990-1993 1.0 0.8 12.0 10.1 2.5 2.4

1994+ 0.8 0.7 12.0 10.1 2.0 1.9

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

1981-1985 4.0 3.4 40.0 35.3 5.5 5.4

1986-1989 3.0 2.5 25.0 21.8 4.5 4.4

1990-1993 2.0 1.7 20.0 17.3 4.0 3.9

1994+ 1.6 1.4 20.0 17.3 3.0 2.9

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

1981-1985 4.4 3.7 48.0 42.5 7.0 6.9

1986-1987 4.0 3.4 40.0 35.3 5.5 5.4

1988-1989 3.0 2.5 25.0 21.8 5.5 5.4

1990-1993 3.0 2.5 25.0 21.8 5.0 4.9

1994+ 2.4 2.0 25.0 21.8 4.0 3.9Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 137 Supp. 12-1 Table 4. Transient Driving Cycle

Historical ote Adopted effective November 14, 1994 (Supp. 94-4). A mended by final rulemaking at 6 A.A.R. 382, effecti ve December 20, 1999 (Supp. 99-4).

Table 5. Tolerances

Historical ote Adopted effective November 14, 1994 (Supp. 94-4).

Table 6. Repealed

Historical ote Adopted effective November 14, 1994 (Supp. 94-4). S ee emergency amendment below (Supp. 94-4). Emergency amendment adopted effective December 23, 1994, purs uant to A.R.S. § 41-1026, valid for 180 days (Supp. 95-2). Emergency amendment expired, previous text placed back into effect effective June 21, 1995 (Supp. 95- 3). Amended by final rulemaking at 6 A.A.R. 382, effect ive December 20, 1999 (Supp. 99-4). Table 6 repealed by final rulemaking at 8 A.A.R. 90, effective January 1,

2002 (Supp. 01-4). Time

second Speed

mph Time

second Speed

mph Time

second Speed

mph Time

second Speed

mph Time

second Speed

mph

0 0 30 20.7 60 26 90 51.5 120 54.9

1 0 31 21.7 61 26 91 52.2 121 55.4

2 0 32 22.4 62 25.7 92 53.2 122 55.6

3 0 33 22.5 63 26.1 93 54.1 123 56

4 0 34 22.1 64 26.5 94 54.6 124 56

5 3.3 35 21.5 65 27.3 95 54.9 125 55.8

6 6.6 36 20.9 66 30.5 96 55 126 55.2

7 9.9 37 20.4 67 33.5 97 54.9 127 54.5

8 13.2 38 19.8 68 36.2 98 54.6 128 53.6

9 16.5 39 17 69 37.3 99 54.6 129 52.5

10 19.8 40 17.1 70 39.3 100 54.8 130 51.5

11 22.2 41 15.8 71 40.5 101 55.1 131 50.8

12 24.3 42 15.8 72 42.1 102 55.5 132 48

13 25.8 43 17.7 73 43.5 103 55.7 133 44.5

14 26.4 44 19.8 74 45.1 104 56.1 134 41

15 25.7 45 21.6 75 46 105 56.3 135 37.5

16 25.1 46 22.2 76 46.8 106 56.6 136 34

17 24.7 47 24.5 77 47.5 107 56.7 137 30.5

18 25.2 48 24.7 78 47.5 108 56.7 138 27

19 25.4 49 24.8 79 47.3 109 56.3 139 23.5

20 27.2 50 24.7 80 47.2 110 56 140 20

21 26.5 51 24.6 81 47.2 111 55 141 16.5

22 24 52 24.6 82 47.4 112 53.4 142 13

23 22.7 53 25.1 83 47.9 113 51.6 143 9.5

24 19.4 54 25.6 84 48.5 114 51.8 144 6

25 17.7 55 25.7 85 49.1 115 52.1 145 2.5

26 17.2 56 25.4 86 49.5 116 52.5 146 0

27 18.1 57 24.9 87 50 117 53

28 18.6 58 25 88 50.6 118 53.5

29 20 59 25.4 89 51 119 54

Range State Station Fleet Station

--------------------------------------------------- --------------------------------------------------- -------- 4 & 2 stroke vehicles:

CO in MOL percent 0 to 2.0% ± 0.1% ± 0.25%

2 to 10.0% ± 0.25% ± 0.5%

4-stroke vehicles:

HC as N-hexane in PPM 0 to 500 PPM ± 15 PPM ± 30 PPM

500 to 2000 PPM ± 50 PPM ± 100 PPM

2-stroke vehicles:

HC as propane in PPM 0 to 25,000 PPM ± 1250 PPM ± 1250 PPMSupp. 12-1 Page 138 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

ARTICLE 11. FEDERAL HAZARDOUS AIR POLLUTATS

R18-2-1101. ational Emission Standards for Hazardou s Air Pollutants (ESHAPs)

A. Except as provided in R18-2-1102, the following sub parts of 40 CFR 61, National Emission Standards for Hazardou s Air Pollutants (NESHAPs), and all accompanying appendic es, adopted as of July 1, 2006, and no future editions or amendments, are incorporated by reference as applicable requirements. These standards are on file with the Departm ent 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. 1. Subpart A - General Provisions. 2. Subpart C - Beryllium. 3. Subpart D - Beryllium Rocket Motor Firing. 4. Subpart E - Mercury. 5. Subpart F - Vinyl Chloride. 6. Subpart J - Equipment Leaks (Fugitive Emission Sources) of Benzene. 7. Subpart L - Benzene Emissions from Coke By-Produc t Recovery Plants. 8. Subpart M - Asbestos. 9. Subpart N - Inorganic Arsenic Emissions from Glas s Manufacturing Plants. 10. Subpart O - Inorganic Arsenic Emissions from Pri mary Copper Smelters. 11. Subpart P - Inorganic Arsenic Emissions from Ars enic
Trioxide and Metallic Arsenic Production. 12. Subpart V - Equipment Leaks (Fugitive Emission Sources). 13. Subpart Y - Benzene Emissions From Benzene Stora ge Vessels. 14. Subpart BB - Benzene Emissions from Benzene Tran sfer Operations. 15. Subpart FF - Benzene Waste Operations.

B. Except as provided in R18-2-1102, the following sub parts of 40 CFR 63, NESHAPs for Source Categories, and all a ccompanying appendices, adopted as of July 1, 2006, and no future editions or amendments, are incorporated by referen ce as applicable requirements. These standards are on fil e 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. 1. Subpart A - General Provisions. 2. Subpart B - Requirements for Control Technology D eterminations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j). 3. Subpart C - List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Categ ory List. 4. Subpart D - Regulations Governing Compliance Exte nsions for Early Reductions of Hazardous Air Pollutants. 5. Subpart F - National Emission Standards for Organ ic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. 6. Subpart G - National Emission Standards for Organ ic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewate r. 7. Subpart H - National Emission Standards for Organ ic Hazardous Air Pollutants for Equipment Leaks. 8. Subpart I - National Emission Standards for Organ ic Hazardous Air Pollutants for Certain Processes Subjectto the Negotiated Regulation for Equipment Leaks. 9. Subpart J - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymer s Production. 10. Subpart L - National Emission Standards for Coke Oven
Batteries. 11. Subpart M - National Perchloroethylene Air Emiss ion Standards for Dry Cleaning Facilities. 12. Subpart N - National Emission Standards for Chro mium

Emissions From Hard and Decorative Chromium Electro

plating and Chromium Anodizing Tanks. 13. Subpart O - Ethylene Oxide Emissions Standards f or Sterilization Facilities. 14. Subpart Q - National Emission Standards for Haza rdous Air Pollutants for Industrial Process Cooling Tower s. 15. Subpart R - National Emission Standards for Gaso line Distribution Facilities (Bulk Gasoline Terminals an d Pipeline Breakout Stations). 16. Subpart S - National Emission Standards for Haza rdous Air Pollutants from the Pulp and Paper Industry. 17. Subpart T - National Emission Standards for Halo genated Solvent Cleaning. 18. Subpart U - National Emission Standards for Haza rdous Air Pollutant Emissions: Group I Polymers and Resin s. 19. Subpart W - National Emission Standards for Haza rdousAir Pollutants for Epoxy Resins Production and NonNylon Polyamides Production. 20. Subpart X - National Emission Standards for Haza rdous Air Pollutants from Secondary Lead Smelting. 21. Subpart AA - National Emission Standards for Haz ardous Air Pollutants From Phosphoric Acid Manufacturing
Plants. 22. Subpart BB - National Emission Standards for Haz ardous Air Pollutants From Phosphate Fertilizers Productio n Plants. 23. Subpart CC - National Emission Standards for Haz ardous

Air Pollutants from Petroleum Refineries. 24. Subpart DD - National Emission Standards for Haz ardous Air Pollutants from Off-Site Waste and Recovery Ope rations. 25. Subpart EE - National Emission Standards for Mag netic Tape Manufacturing Operations. 26. Subpart GG - National Emission Standards for Aer ospace Manufacturing and Rework Facilities. 27. Subpart HH - National Emission Standards for Haz ardous

Air Pollutants From Oil and Natural Gas Production
Facilities. 28. Subpart JJ - National Emission Standards for Woo d Furniture Manufacturing Operations. 29. Subpart KK - National Emission Standards for the Printing and Publishing Industry. 30. Subpart LL - National Emission Standards for Haz ardous Air Pollutants for Primary Aluminum Reduction Plant s. 31. Subpart MM - National Emission Standards for Haz ardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Se michemical Pulp Mills. 32. Subpart OO - National Emission Standards for Tanks--
Level 1. 33. Subpart PP - National Emission Standards for Con tainers. 34. Subpart QQ - National Emission Standards for Sur face Impoundments. 35. Subpart RR - National Emission Standards for Ind ividual Drain Systems. 36. Subpart SS - National Emission Standards for Clo sed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 139 Supp. 12-1 37. Subpart TT - National Emission Standards for Equ ipment
Leaks - Control Level 1. 38. Subpart UU - National Emission Standards for Equ ipment Leaks - Control Level 2 Standards. 39. Subpart VV - National Emission Standards for Oil -Water Separators and Organic-Water Separators. 40. Subpart WW - National Emission Standards for Sto rage Vessels (Tanks) - Control Level 2. 41. Subpart XX - National Emission Standards for Eth ylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations. 42. Subpart YY - National Emission Standards for Haz ardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards. 43. Subpart CCC - National Emission Standards for Ha zardous Air Pollutants for Steel Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration Plants. 44. Subpart DDD - National Emission Standards for Ha zardous Air Pollutants for Mineral Wool Production. 45. Subpart EEE - National Emission Standards for Ha zardous Air Pollutants From Hazardous Waste Combustors. 46. Subpart GGG - National Emission Standards for Ph armaceuticals Production. 47. Subpart HHH - National Emission Standards for Ha zardous Air Pollutants From Natural Gas Transmission an d Storage Facilities. 48. Subpart III - National Emission Standards for Ha zardous Air Pollutants for Flexible Polyurethane Foam Produ ction. 49. Subpart JJJ - National Emission Standards for Ha zardous Air Pollutant Emissions: Group IV Polymers and Resi ns. 50. Subpart LLL - National Emission Standards for Ha zardous Air Pollutants From the Portland Cement Manufac

turing Industry. 51. Subpart MMM - National Emission Standards for Ha zardous Air Pollutants for Pesticide Active Ingredie nt Production. 52. Subpart NNN - National Emission Standards for Ha zardous Air Pollutants for Wool Fiberglass Manufacturin g. 53. Subpart OOO - National Emission Standards for Ha zardous Air Pollutant Emissions: Manufacture of Amino/P henolic Resins. 54. Subpart PPP - National Emission Standards for Ha zardous Air Pollutant Emissions for Polyether Polyols P roduction. 55. Subpart QQQ - National Emission Standards for Ha zardous Air Pollutants for Primary Copper Smelting. 56. Subpart RRR - National Emission Standards for Ha zardous Air Pollutants for Secondary Aluminum Productio n. 57. Subpart TTT - National Emission Standards for Ha zardous Air Pollutants for Primary Lead Smelting. 58. Subpart UUU - National Emission Standards for Ha zardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulf ur Recovery Units. 59. Subpart VVV - National Emission Standards for Ha zardous Air Pollutants: Publicly Owned Treatment Works. 60. Subpart XXX - National Emission Standards for Ha zardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese. 61. Subpart AAAA - National Emission Standards for H azardous Air Pollutants: Municipal Solid Waste Landfi lls. 62. Subpart CCCC - National Emission Standards for H azardous Air Pollutants: Manufacture of Nutritional Y east. 63. Subpart DDDD - National Emission Standards for H azardous Air Pollutants: Plywood and Composite Wood

Products. 64. Subpart EEEE - National Emission Standards for H azardous Air Pollutants: Organic Liquids Distribution (N onGasoline). 65. Subpart FFFF - National Emission Standards for H azardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing. 66. Subpart GGGG - National Emission Standards for H azardous Air Pollutants: Solvent Extraction for Veget able

Oil Production. 67. Subpart HHHH—National Emissions Standards for Ha zardous Air Pollutants for Wet-Formed Fiberglass Mat

Production. 68. Subpart IIII - National Emission Standards for H azardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks. 69. Subpart JJJJ - National Emission Standards for H azardous Air Pollutants: Paper and Other Web Coating. 70. Subpart KKKK - National Emission Standards for H azardous Air Pollutants: Surface Coating of Metal Can s. 71. Subpart MMMM - National Emission Standards for H azardous Air Pollutants for Surface Coating of Miscel laneous Metal Parts and Products. 72. Subpart NNNN - National Emission Standards for H azardous Air Pollutants: Surface Coating of Large App liances. 73. Subpart OOOO - National Emission Standards for H azardous Air Pollutants: Printing, Coating, and Dyein g of
Fabrics and Other Textiles. 74. Subpart PPPP - National Emission Standards for H azardous Air Pollutants for Surface Coating of Plastic P arts and Products. 75. Subpart QQQQ - National Emission Standards for H azardous Air Pollutants: Surface Coating of Wood Buil ding
Products. 76. Subpart RRRR - National Emission Standards for H azardous Air Pollutants: Surface Coating of Metal Furniture. 77. Subpart SSSS—National Emission Standards for Haz ardous Air Pollutants: Surface Coating of Metal Coil. 78. Subpart TTTT—National Emission Standards for Haz

ardous Air Pollutants for Leather Finishing Operati ons. 79. Subpart UUUU—National Emission Standards for Haz

ardous Air Pollutants for Cellulose Products Manufa cturing. 80. Subpart VVVV—National Emission Standards for Haz

ardous Air Pollutants for Boat Manufacturing. 81. Subpart WWWW - National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Compos ites
Production. 82. Subpart XXXX - National Emission Standards for H azardous Air Pollutants: Rubber Tire Manufacturing. 83. Subpart YYYY - National Emission Standards for H azardous Air Pollutants for Stationary Combustion Tur

bines. 84. Subpart ZZZZ - National Emission Standards for H azardous Air Pollutants for Stationary Reciprocating Int ernal Combustion Engines. 85. Subpart AAAAA - National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants

. 86. Subpart BBBBB - National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturi ng.Supp. 12-1 Page 140 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

87. Subpart CCCCC - National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quen ching, and Battery Stacks. 88. Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and

Institutional Boilers and Process Heaters. 89. Subpart EEEEE - National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries. 90. Subpart FFFFF - National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Ma nufacturing. 91. Subpart GGGGG - National Emission Standards for Hazardous Air Pollutants: Site Remediation. 92. Subpart HHHHH - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufa cturing. 93. Subpart IIIII - National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury
Cell Chlor-Alkali Plants. 94. Subpart JJJJJ - National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Pr oducts Manufacturing. 95. Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturi ng. 96. Subpart LLLLL - National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Aspha lt Roofing Manufacturing. 97. Subpart MMMMM - National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foa m Fabrication Operations. 98. Subpart NNNNN - National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production

. 99. Subpart PPPPP - National Emission Standards for Hazardous Air Pollutants: Engine Test Cells/Stands. 100. Subpart QQQQQ - National Emission Standards forHazardous Air Pollutants for Friction Materials Manufa cturing Facilities. 101. Subpart RRRRR - National Emission Standards forHazardous Air Pollutants: Taconite Iron Ore Processing

. 102. Subpart SSSSS - National Emission Standards forHazardous Air Pollutants for Refractory Products Manufacturing. 103. Subpart TTTTT - National Emissions Standards fo r Hazardous Air Pollutants for Primary Magnesium Refinin g.

Historical ote Former Section R18-2-1101 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-1101 renum

bered from R18-2-901 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1 994 (Supp. 94-2). Amended effective February 17, 1995 (Supp. 95-1). Amended effective December 7, 1995 (Supp. 95-4). Amended effective May 9, 1996 (Supp. 96- 2). Amended effective April 4, 1997; filed with the Office of the Secretary of State March 14, 1997 (Supp. 97- 1). Amended effective December 4, 1997 (Supp. 97-4). Amended by final rulemaking at 5 A.A.R. 3221, effec tive August 12, 1999 (Supp. 99-3). Amended by final rule

making 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 Septe mber 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 0 5-4). Amended by final rulemaking at 13 A.A.R. 4199, effe ctive January 5, 2008 (Supp. 07-4). R18-2-1102. General Provisions

A. When used in 40 CFR 61 or 63, “Administrator” means the Director of the Arizona Department of Environmental Quality except that the Director shall not be authorized to approve alternate or equivalent test methods or alternate s tandards or work practices, except as specifically provided in Part 63, Subpart B.

B. From the general standards identified in R18-2-1101 (A), delete 40 CFR 61.04. All requests, reports, applications, submittals, and other communications to the Director p ursuant to this Article shall be submitted to the Arizona Department of Environmental Quality, Air Quality Division, 1110 W est Washington Street, Phoenix, Arizona 85007.

C. The Director shall not be delegated authority to de al with equivalency determinations that are nontransferable through Section 112(h)(3) of the Act.

Historical ote Former Section R18-2-1102 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-1102 renum

bered from R18-2-902 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1 994 (Supp. 94-2). Amended effective February 17, 1995 (Supp. 95-1). Amended by final rulemaking at 13 A.A .R. 4199, effective January 5, 2008 (Supp. 07-4).

ARTICLE 12. EMISSIOS BAK

R18-2-1201. Definitions
In addition to the definitions contained in Article 1 of this Chapter, and A.R.S. § 49-401.01, the following definitions apply to this Article:

1. “Certified credit” means an emission reduction cr edit that
meets the criteria under R18-2-1205.
2. “Conditional credit” means an emission reduction credit that is in the review process before qualifying forcertification under R18-2-1205. 3. “Credit generation” means the process by which a source obtains emission reduction credits for eventual lis ting in the registry. 4. “Credit retirement” means a person’s purchase of a banked emission reduction credit for the purpose ofpermanent removal from the emissions bank.
5. “Credit utilization” means the use of a certifiedemission

reduction credit.
6. “Credit withdrawal” means the removal of an emiss ion reduction credit from the bank by the source origin ally depositing the emission reduction credit.
7. “Emission reduction credit” or “credit” means a c ertified unit that may be banked, sold, transferred, withdrawn, or retired. 8. “Permitting authority” means the state or county that has jurisdiction over a source under A.R.S. § 49-402 an d may review, issue, revise, administer, and enforce a pe rmit; and certify a credit under this Article. 9. “Registry” means the location where emission redu ction credits are posted for the purpose of public notice , allowing a person to determine the availability of credi ts for
related market transactions. 10. “Surplus” means the amount of a permitted source ’s emission reduction that is not required by federal, state, or local law.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 141 Supp. 12-1 R18-2-1202. Applicability The provisions of this Article apply to permitted s ources emitting particulate matter, sulfur dioxide, carbon monoxide , nitrogen oxides, or volatile organic compounds. The provisio ns of this Article shall not apply to sources granted authority to operate under 18 A.A.C. 2, Article 5.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

R18-2-1203. Emissions Bank Administration

A. The Director shall place an emission reduction cred it in the emissions bank credit registry upon conditional certification, certification, pending use, and final disposition. For each credit, the Director shall place in the registry: 1. Source’s contact name and information; 2. Source name and information; 3. Amount and type of pollutant;
4. Date of emission reduction and credit status.

B. The Director shall issue a certificate of deposit t o the reducing source for each certified credit deposited in the b ank, and issue a certificate of retirement to a person for each ce rtified credit permanently retired.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

R18-2-1204. Credit Generation

A. A source wanting to generate an emission reduction for deposit into the bank shall submit a Credit Generat ion Application (CGA) to the Director on a form prescribed b y the
Director. The CGA shall contain: 1. The company name; 2. The company mailing address; 3. The owner, co-owner, or partner; 4. The contact person name, title, and telephone num ber; 5. The permitted source name, location, permit numbe r, and industry code; 6. The pollutant;
7. The attainment status of the area where the sourc e is located; 8. The amount of actual emissions reduced; 9. The date of emission reduction to be credited; 10. The description of emission reduction credit gen eration activity; 11. The signature of and verification of truthfulnes s and accuracy by a responsible official as defined in R1 8-2- 301(17); 12. The name, title, and telephone number of the res ponsible
official. The source shall submit a copy of the CGA to the pe rmitting authority with an application to revise the pe rmit or request to terminate the permit.

B. Upon receipt by the Director of the CGA with a chec k for the administrative fee specified in R18-2-1208(A), the Director shall list each conditional credit in the registry.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

R18-2-1205. Credit Certification

A. A permitting authority may certify an emission cred it if the permitting authority verifies the credit is based o n: 1. A reduction in actual emissions that occurred aft er August 17, 1999; 2. A quantifiable reduction in actual emissions; 3. A permanent reduction in actual emissions; 4. An enforceable reduction in actual emissions; and 5. A surplus reduction in actual emissions occurring in addition to any other required emission reduction.

B. The source must notify the permitting authority whe n the

reduction occurs.

C. In order for an emission reduction to be quantifiab le under this
Section: 1. The emission reduction must be quantifiable under R18- 2-301(14); and 2. The reducing source shall submit documentation of any testing or monitoring that demonstrates an emission
reduction.

D. The permitting authority shall certify one emission reduction credit for each ton per year of particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, or volatile organic compound actually reduced.

E. At the time of deposit in the emissions bank, the D irector shall discount by 10 percent the certified credit total. The 10 percent of certified credit total shall be permanently reti red to the

bank.

F. A banked credit does not expire.

G. The permitting authority shall notify the source an d the Director that a credit is certified. Upon receipt of the notice, the
Director shall issue a certificate for each certifi ed credit to the applicant identified in R18-2-1204, and list the ce rtified credit in the registry.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

R18-2-1206. Credit Utilization

A. A source may use a certified emission reduction cre dit in the same nonattainment area, maintenance area, or model ing domain in which the emission reduction occurred by submitting a Credit Utilization Application (CUA) to the Director on a form prescribed by the Director. The CUA shall co ntain: 1. The name and mailing address of the source that g enerated the credit; 2. The owner, co-owner, or partner of the source that generated the credit; 3. The contact person name, title, telephone number of the source that generated the credit; 4. The name and mailing address of the source utiliz ing the credit; 5. The owner, co-owner, or partner of the source uti lizing the credit; 6. The contact person name, title, telephone number of the source utilizing the credit; 7. The purpose of the utilization; 8. The pollutant;
9. The amount of emission reduction credit to be uti lized;
10. Each emission reduction credit certificate numbe r; 11. The signature of and verification of truthfulnes s and accuracy by a responsible official as defined in R1 8-2- 301(17); and 12. The name, title, and telephone number of the res ponsible
official. The source shall submit a copy of the CUA to the pe rmitting authority at the time the source submits an ap plication for a permit or permit revision.

B. Upon receipt by the Director of the CUA with a chec k for the administrative fee specified in R18-2-1208(B), the Director shall list the pending sale in the registry.

C. The Director shall not list the final sale in the r egistry until:Supp. 12-1 Page 142 March 31, 2012

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1. The permitting authority evaluates and verifies the authenticity of the credit with the emissions bank; 2. The permitting authority determines that there wi ll be no adverse impact on air quality; and 3. The permitting authority completes the permittingaction

and submits the credit certificate to the Director.

D. After the permitting authority notifies the Directo r that the requirements of this Section have been met, the Dir ector shall delist the credits in the registry.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

R18-2-1207. Credit Withdrawal Any party purchasing certified credits listed in th e emissions bank for the purpose of credit retirement, or any source withdrawing its own credits from the emissions bank, shall submit a CUA specified in R18-2-1204(A) with the surrendered certificates to the Director. Upon receipt of the CUA and surrendered certificate s, the Director shall delist the credits in the registry.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

R18-2-1208. Fees

A. A source generating a credit shall pay a non-refund able administrative fee of $200.00 to the Director when submi tting the CGA. This fee is in addition to the fees specified in R18-2-

326.

B. A source utilizing a credit shall pay a non-refundable administrative fee of $200.00 to the Director when submitt ing the CUA. This fee is in addition to the fees specified in R18-2-

326.

C. The Director shall not assess an administrative fee to a person: 1. Purchasing a credit for retirement; 2. Amending ownership information contained in the r egistry; or 3. Withdrawing a credit from the bank.

Historical ote New Section made by final rulemaking at 8 A.A.R. 18 15, effective March 18, 2002 (Supp. 02-1).

ARTICLE 13. DIESEL COVERSIO GRAT PROGRAM

Article 13, consisting of Sections R18-2-1301 throu gh R18-2- 1307, made by final rulemaking at 9 A.A.R. 1295, ef fective April 2, 2003 (Supp. 03-2).

R18-2-1301. Definitions The following definitions apply in this Article, un less the context otherwise requires: 1. “Alternative fuel” has the meaning in A.R.S. § 1- 215. 2. “Alternative fuel vehicle” means a self-propelledvehicle that is registered and titled in this state for ope ration on the highways and that is propelled by an alternativ e fuel. 3. “Application” means the application submitted to the Department as specified in R18-2-1304. 4. “Application priority list” means the list specif ied in R18-

2-1305.
5. “Conversion” means modification of a diesel vehic le to operate on an alternative fuel.
6. “Cost of conversion” means the actual cost of con version, including the parts and materials used, the hours r equired for conversion, and the hourly rate for labor of th is type, as shown by receipts or other evidence. 7. “Diesel vehicle” means a vehicle that operates on ly on

diesel fuel. 8. “Director” means the Director of the Department o f Environmental Quality or designee. 9. “GVWR” means the gross vehicle weight rating, the maximum loaded weight for which the vehicle is designed, as specified by the vehicle manufacturer.

10. “MVD Alternative Fuel Certificate” means a form issued by the Arizona Department of Transportation Motor Vehicle Division certifying that the vehicle has be en inspected and is equipped to operate on alternative fuel. An applicant shall obtain this Certificate from an: a. Arizona Department of Environmental Quality waiver station, or b. Arizona Department of Environmental Quality licensed third-party inspector. 11. “Pre-approval letter” means a letter issued by the Department as specified in R18-2-1304.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

R18-2-1302. Available Funds Funds are available only as appropriated by the leg islature. Once all available funds have been encumbered, the Departmen t shall notify all applicants who have not been placed on the appl ication priority
list.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

R18-2-1303. Eligibility A person may submit an application for a grant unde r this Article if the person has a purchase order or contract that is dated on or after January 1, 2000, to convert a diesel vehicle and th e vehicle: 1. Has not previously been the subject of a grant un der this

program; 2. Has a GVWR of at least 19,500 lbs;
3. Is not a recreational vehicle as defined in A.R.S . § 28- 3102; 4. Is registered in this state; 5. Will be registered in this state for at least thr ee years from the date the vehicle is registered as an alternativ e fuel vehicle; 6. Will be operated more than 50 percent of the time in area A or area B as defined in A.R.S. § 49-541; and 7. Is subject to A.R.S. § 28-4032(A), is a school bu s, or a municipal vehicle.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

R18-2-1304. Application Process

A. An applicant shall submit an application to the Dep artment for each vehicle for which the applicant is claiming a grant, before 5:00 p.m., June 30, 2003, on a form provided by the Department. The application shall contain: 1. The application form prescribed by the Department with the following information included: a. Applicant’s status as an individual or a business ; b. Applicant’s name, address, and telephone number; c. If the applicant is a business, school district, or municipality, the applicant’s: i. Federal Taxpayer Identification Number, and ii. Authorized representative’s name and title;
d. The vehicle’s: i. Vehicle identification number (VIN), ii. Model year,Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 143 Supp. 12-1

iii. Make, iv. Model, and v. GVWR; e. From whom the applicant purchased or leased the vehicle and the seller or lessor’s telephone number ; f. The Arizona registration date of the vehicle; g. For the converted or to-be-converted vehicle:
i. The conversion vendor’s name and businessaddress, contact person, and the contact’s telephone number,
ii. The conversion kit manufacturer and kit serial number, and iii. The conversion date or expected conversion date; h. The type of alternative fuel the converted vehicl e uses or will use: i. Compressed natural gas-CNG, ii. Liquid natural gas-LNG, iii. Liquefied petroleum gas-LPG, iv. Electric, v. Solar, or vi. Hydrogen. 2. A signed and dated “Statement of Assurances” on a form prescribed by the Department that includes: a. A statement signed by the applicant, under penalt y of perjury, that the applicant intends: i. To keep the vehicle registered in this state for at least three years from the date the vehicle is registered as an alternative fuel vehicle; ii. To operate the vehicle more than 50 percent of
the time in area A or area B as defined in A.R.S. § 49-541;
b. An additional statement that: i. The applicant owns or leases the vehicle; ii. The applicant has the vehicle titled, registered

, and insured in Arizona;
iii. The vehicle is not a recreational vehicle as defined in A.R.S. § 28-3102; iv. The vehicle is a diesel vehicle over 19,500pounds GVWR that has been or will be converted to operate on alternative fuel; and v. The vehicle is subject to A.R.S. § 28-4032(A), is a school bus, or a municipal vehicle. c. An additional statement that applicant agrees that, if the Statement of Assurances and the application are not truthful, correct, and complete, the Departmentmay seek recourse in the Superior Court of Maricopa County, Arizona, with the applicant paying allcosts of collection of any monies due the Department, including reasonable attorneys’ fees. d. A notarized statement as specified in A.R.S. § 41

- 311(6), under penalty of perjury, that the informat ion contained in the application is truthful, correct, and complete. 3. A current and complete W-9 Federal tax form (Requ est for Taxpayer Identification Number and Certificatio n); 4. A copy of the validated Arizona registration and Arizona title for the vehicle (for a new vehicle, these cop ies shall be submitted within 15 days of receipt from the State); 5. A copy of the contract, or purchase order enteredinto by the applicant, for conversion of the vehicle for wh ich applicant requests a grant; 6. If the vehicle is not a school bus or a municipal vehicle, a copy of the declarations page from the current liab ility policy for the vehicle, or other evidence of compli ance with A.R.S. § 28-4032(A); 7. If the conversion has been completed, copies of:
a. The MVD Alternative Fuel Certificate issued according to A.R.S. § 28-2416; and
b. The invoice or other evidence of the cost of conv ersion, including: i. The conversion date;ii. A list of all parts used by the conversion vendor; iii. A list of all tasks completed by the conversion vendor, specifying the hours spent on each task and the hourly rate charged; and

iv. The conversion kit manufacturer and kit serial number or serial number of conversion parts.

B. The Department may require verification of informat ion provided, including original documents.

C. The Department shall review an application for comp leteness and eligibility for a grant.

D. If the Department determines that the application i s complete through subsection (A)(7), funds are available as s pecified in R18-2-1302, and the vehicle meets the eligibility r equirements

in R18-2-1303: 1. The Department shall provide a pre-approval lette r to the applicant, stating that the applicant is eligible f or a grant under the program when the vehicle is converted as specified in the application and the information specif ied in subsection (A)(7) is submitted to the Department. T he letter shall state the amount of the grant. 2. After the Department provides the letter under su bsection (D)(1), the Department shall list the vehicle in th e application priority list specified in R18-2-1305 and en cumber the grant funds. 3. The applicant shall complete the vehicle conversi on and submit all requested information to the Department by the deadline date specified in the pre-approval letter. The deadline date shall be 180 days from the date of th e letter. For good cause shown, the Department may grant one extension of the deadline date of up to 45 days. 4. If the applicant fails to comply with the require ments of the pre-approval letter, the Department shall remov e the vehicle from the application priority list and unen cumber the grant funds. 5. If the Department determines that the applicant h as complied with all the requirements of the pre-approval letter, the Department shall notify the applicant in writin g that a grant award will be paid to the applicant in the am ount according to R18-2-1306. 6. If the conversion is completed before the application is submitted and the vehicle meets the eligibility requirements, the Department shall list the vehicle in the application priority list specified in R18-2-1305 and en cumber the grant funds. The Department shall notify the ap plicant in writing of the grant award determined under R18- 2-

1306.

E. If an application is not complete, the Department s hall notify applicant in writing that the application: 1. Cannot be processed because: a. A specified item is missing, or b. The Department requires additional specified acti on; and 2. Shall be processed after the applicant submits th e additional required information and performs any requir ed action specified in the Department’s notification t o the applicant. 3. If the applicant completes the application, and the Department approves it, the Department shall place theSupp. 12-1 Page 144 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

applicant on the application priority list describe d in R18-

2-1305.

F. If the Department determines that the vehicle speci fied in the application is not eligible for a grant under R18-2 -1303, the Department shall notify the applicant in writing ofthe determination, including each reason for ineligibility.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

R18-2-1305. Application Priority List

A. The Department shall maintain for public inspectionan application priority list for approved applications, whe re grant priority is determined by the date of the contract or purchase order entered into by the applicant.

B. If two or more vehicles have the same priority and insufficient funds exist to provide grants for each vehicle, the Department shall use the following computer-based, random-numb er process to determine the order in which these vehicles are eligible for grant funds: 1. Applications for each vehicle with the same prior ity shall arranged in a stack, in any order, by the Director. 2. A sequence of random numbers equal in length to the number of applications shall be generated using the random number generator at www.random.org/sform.html. One random number shall be assigned to each of the applications, with the top application receiving th e first number in the sequence, continuing down through the stack until the bottom application has been assigne d the last random number in the sequence. 3. The applications shall then be ranked, with lower random numbers indicating higher priority. 4. The Director shall notify each of the equal prior ity applicants of the random number process, to afford them the opportunity to be present when the random numbers a re assigned.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

R18-2-1306. Grant Amount The Department shall award grants to qualified appl icants within 30 days of the date it notifies the applicant in writi ng that it will pay applicant a grant award. The Department shall award grants for the lesser of the cost of conversion or $30,000.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

R18-2-1307. Review of Grant Determination

A. Any interested party may request a review of: 1. A determination of eligibility for a grant under this Article; 2. An applicant’s priority in the awarding of the gr ants; or 3. The amount of a grant under this Article.

B. If a request for review is made, the funds requeste d for conversion shall be reserved until the Director’s decisio n after the review under subsection (C).

C. A request under subsection (A) shall be made in wri ting, and received by the Director within 10 business days of the date of
the determination. Unless the Director and the inte rested party agree otherwise, the review shall take place within10 business days after the Director’s receipt of the request. T he Director shall arrange the date and location of the review w ith the interested party at least five business days before the review. The

Director shall mail his or her review decision to the interested party within five business days after the review date. The
Director’s decision after review becomes final unle ss, within 30 days after applicant’s receipt of the review dec ision, the interested party requests a hearing under R18-1-202

.

Historical ote New Section made by final rulemaking at 9 A.A.R. 12 95,

effective April 2, 2003 (Supp. 03-2).

ARTICLE 14. COFORMITY DETERMIATIOS

R18-2-1401. Definitions
Terms used in this Article but not defined in this Article, Article 1 of this Chapter, or A.R.S. § 49-401.01 shall have t he meaning given them by the CAA, Titles 23 and 40 U.S.C., other EPAregulations, or other USDOT regulations, in that order of priori ty. The following
definitions and the definitions contained in Articl e 1 of this Chapter and in A.R.S. § 49-401.01 shall apply to this Artic le: 1. “ADEQ” means the Arizona Department of Environmen

tal Quality. 2. “ADOT” means the Arizona Department of Transporta

tion. 3. “Applicable implementation plan” is defined in § 302(q) of the CAA and means the portion (or portions) of the implementation plan, or most recent revision thereo f, which has been approved under § 110, or promulgated under § 110(c), or promulgated or approved pursuantto regulations promulgated under § 301(d) and which implements the relevant requirements of the CAA. 4. “CAA” means the Clean Air Act, as amended. 5. “Cause or contribute to a new violation” for a pr oject means either of the following:

a. To cause or contribute to a new violation of a st andard in the area substantially affected by the proj ect or over a region which would otherwise not be in violation of the standard during the future period in question, if the project were not implemented.
b. To contribute to a new violation in a manner that would increase the frequency or severity of a new
violation of a standard in such area. 6. “Consultation” means that one party confers with another identified party, provides access to all appropriat e information to that party needed for meaningful input, and, prior to taking any action, considers the views of that party and responds in accordance with the procedure s established in R18-2-1405. 7. “Control strategy implementation plan revision” i s the applicable implementation plan which contains speci fic strategies for controlling the emissions of and reducing ambient levels of pollutants in order to satisfy CAA requirements for demonstrations of reasonable furth er progress and attainment (CAA §§ 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B) , and 189(b)(1)(A); and §§ 192(a) and 192(b), for nitroge n dioxide). 8. “Control strategy period” with respect to particu late matter less than 10 microns in diameter (PM 10 ), carbon monoxide (CO), nitrogen dioxide (NO 2 ), or ozone precursors (volatile organic compounds (VOC) and oxides of nitrogen (NOx)), means that period of time after EPA approves control strategy implementation plan revis ions containing strategies for controlling PM 10 , NO 2 , CO, or ozone, as appropriate. This period ends when the st ate submits and EPA approves a request under § 107(d) o f the CAA for redesignation to an attainment area. 9. “Design concept” means the type of facility ident ified by the project, e.g., freeway, expressway, arterial hi ghway,Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 145 Supp. 12-1

grade-separated highway, reserved right-of-way rail transit, mixed traffic rail transit, exclusive busway, etc. 10. “Design scope” means the design aspects of a fac ility which will affect the proposed facility’s impact on regional emissions, usually as they relate to vehic le or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including ap proximate number and location of interchanges, preferent ial treatment for high-occupancy vehicles, etc.
11. “EPA” means the United States Environmental Prot ection Agency. 12. “FHWA” means the Federal Highway Administration of

USDOT. 13. “FHWA or FTA project” means any highway or trans it project which is proposed to receive funding assist ance and approval through the Federal-Aid Highway progra m or the federal mass transit program, or requires Fe deral Highway Administration (FHWA) or Federal Transit Administration (FTA) approval for some aspect of th e project, such as connection to an interstate highway or deviation from applicable design standards on the i nterstate system.
14. “FTA” means the Federal Transit Administration o f

USDOT. 15. “Forecast period” with respect to a transportati on plan means the period covered by the transportation planpursuant to 23 CFR 450. 16. “Highway project” means an undertaking to implem ent or modify a highway facility or highway-related pro gram. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it shall be defined sufficiently to: a. Connect logical termini and be of sufficient leng th to address environmental matters on a broad scope. b. Have independent utility or significance, i.e., b e usable and be a reasonable expenditure even if no additional transportation improvements in the area

are made.
c. Not restrict consideration of alternatives for otherreasonably foreseeable transportation improvements. 17. “Horizon year” means a year for which the transp ortation plan describes the envisioned transportation system in

accordance with R18-2-1406. 18. “Hot-spot analysis” means an estimation of likely future
localized CO and PM 10 pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Pollutant concentrations to be
estimated should be based on the total emissions burden which may result from the implementation of a singl e,specific project, summed together with future background concentrations (which can be estimated using the ratio of future to current traffic multiplied by th e ratio of future to current emission factors) expected in the area. The total concentration shall be estimated and anal yzed at appropriate receptor locations in the area substant ially affected by the project. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattai nment or maintenance area, including, for example, conges ted roadway intersections and highways or transit termi nals, and uses an air quality dispersion model to determi ne the effects of emissions on air quality. 19. “Incomplete data area” means any ozone nonattainment area which EPA has classified, in 40 CFR 81, as an incomplete data area. 20. “Increase the frequency or severity of a violati on” means to cause a location or region to exceed a standard more often or to cause a violation at a greater concentr ation than previously existed or would otherwise exist du ring the future period in question, if the project were not implemented. 21. “ISTEA” means the Intermodal Surface Transportat ion Efficiency Act of 1991. 22. “Local transportation agency” means a city, town , or county. 23. “Maintenance area” means any geographic region o f the United States previously designated nonattainment p ursuant to the CAA Amendments of 1990 and subsequently redesignated to attainment subject to the requireme nt to develop a maintenance plan under § 175A of the CAA. 24. “Maintenance period” with respect to a pollutantor pollutant precursor means that period of time beginnin g when a state submits and EPA approves a request und er § 107(d) of the CAA for redesignation to an attainment area, and lasting for 20 years, unless the applicab le implementation plan specifies that the maintenance perio d shall last for more than 20 years. 25. “Metropolitan planning organization (MPO)” means the organization designated as being responsible, together with the state, for conducting the continuing, coop erative, and comprehensive planning process under 23 U.S.C.

134 and 49 U.S.C. 1607.
26. “Milestone” means an emissions level and the dat e on which it is required to be achieved as described in § 182(g)(1) and § 189(c) of the CAA. 27. “Motor vehicle emissions budget” means that port ion of
the total allowable emissions defined in a revision to the applicable implementation plan (or in an implementation plan revision which was endorsed by the Governor or Director of ADEQ, subject to a public hearing, and submitted to EPA, but not yet approved by EPA) for a c ertain date for the purpose of meeting reasonable further progress milestones or attainment or maintenance de monstrations, for any criteria pollutant or its precur sors, allocated by the applicable implementation plan to highway and transit vehicles. The applicable implementation plan for an ozone nonattainment area may also designate a motor vehicle emissions budget for oxides of nitrog en (NOx) for a reasonable further progress milestone y ear if the applicable implementation plan demonstrates that this NOx budget will be achieved with measures in the implementation plan (as an implementation plan must do f or VOC milestone requirements). The applicable impleme ntation plan for an ozone nonattainment area include s a NOx budget if NOx reductions are being substituted for reductions in volatile organic compounds in milesto ne years required for reasonable further progress. 28. “National ambient air quality standards (NAAQS)” means those standards established pursuant to § 109 of
the CAA. 29. “NEPA” means the National Environmental Policy A ct of 1969, as amended (42 U.S.C. 4321 et seq.). 30. “NEPA process completion” with respect to FHWA o r FTA, means the point at which there is a specific a ction to do any of the following: a. Make a formal final determination that a project is categorically excluded. b. Make a Finding of No Significant Impact.
c. Issue a record of decision on a Final Environment al Impact Statement under NEPA.Supp. 12-1 Page 146 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

31. “Nonattainment area” means any geographic regionof the United States which has been designated as nona ttainment under § 107 of the CAA for any pollutant for which a national ambient air quality standard exists. 32. “Not classified area” means any carbon monoxide nonattainment area which EPA has not classified as eithe r moderate or serious. 33. “Phase II of the interim period” with respect to a pollutant or pollutant precursor means that period of time af ter December 27, 1993, lasting until the earlier of the following: 1. Submission to EPA of the relevant control strateg y implementation plan revisions which have been endorsed by the Governor or the Director of ADEQ and have been subject to a public hearing. 2. The date that the CAA requires relevant control strategy implementation plans to be submitted to EPA, provided EPA has made a finding of the state’s failure to submit any such plans and the state, MPO

, and USDOT have received notice of such finding of the state’s failure to submit any such plans. 34. “Project” means a highway project or transit pro ject. 35. “Recipient of funds designated under 23 U.S.C. o r the Federal Transit Act” means any agency at any level of state, county, or city government, including any po litical subdivision or MPO, that routinely receives 23 U.S. C. or
Federal Transit Act funds to construct FHWA or FTA projects, operate FHWA or FTA projects or equipment

, purchase equipment, or undertake other services or operations via contracts or agreements. This definitiondoes not include private landowners or developers, or co ntractors or entities that are only paid for services or products created by their own employees. 36. “Regional transportation agency” means a regiona l transit authority established pursuant to A.R.S. Title 28, Chapter 20 or Chapter 24, or a formal association of politi cal subdivisions involved in regional transportation issue s. 37. “Regionally significant transportation project” means a transportation project (other than an exempt projec t) that is on a facility which serves regional transportati on needs (such as access to and from the area outside of the region, major activity centers in the region, major planneddevelopments such as new retail malls, sports complexes, etc., or transportation terminals, as well as most termin als themselves) and would normally be included in the m odeling of a metropolitan area’s transportation netwo rk, including at a minimum all principal arterial highw ays and all fixed guideway transit facilities that offe r an alternative to regional highway travel. 38. “Rural transport ozone nonattainment area” means an ozone nonattainment area that does not include, andis not adjacent to, any part of a Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan Stati stical Area (as defined by the United States Bureau of the Census) and is classified under CAA § 182(h) as a rura l transport area. 39. “Standard” means a national ambient air quality standard. 40. “Statewide transportation improvement program (S TIP)” means a staged, multi-year, intermodal program of transportation projects covering the state, which is con sistent with the statewide transportation plan and metropol itan transportation plans, and developed pursuant to 23 CFR

450. 41. “Statewide transportation plan” means the offici al intermodal statewide transportation plan that is develop ed through the statewide planning process for the stat e, developed pursuant to 23 CFR 450. 42. “Submarginal area” means any ozone nonattainment area which EPA has classified as submarginal in 40 CFR 8 1. 43. “Transit” is mass transportation by bus, rail, o r other conveyance which provides general or special service t o the public on a regular and continuing basis. It does n ot include school buses or charter or sightseeing serv ices. 44. “Transit project” means an undertaking to implem ent or modify a transit facility or transit-related progra m, purchase transit vehicles or equipment, or provide fin ancial assistance for transit operations. It does not incl ude actions that are solely within the jurisdiction of local transit agencies, such as changes in routes, schedules, or fares. It may consist of several phases. For analyt ical purposes, it shall be defined inclusively enough to: a. Connect logical termini and be of sufficient leng th to address environmental matters on a broad scope.b. Have independent utility or independent significance, i.e., be a reasonable expenditure even if no additional transportation improvements in the area
are made.
c. Not restrict consideration of alternatives for otherreasonably foreseeable transportation improvements. 45. “Transitional area” means any ozone nonattainmen t area
which EPA has classified as transitional in 40 CFR 81. 46. “Transitional period” with respect to a pollutant or pollutant precursor means that period of time which begin s after submission to EPA of the relevant control str ategy implementation plan which has been endorsed by the Governor or Director of ADEQ and has been subject t o a public hearing. The transitional period lasts untilEPA takes final approval or disapproval action on the c ontrol strategy implementation plan submission or finds it to be incomplete. The precise beginning and end of the tr ansitional period is defined in R18-2-1428. 47. “Transportation control measure (TCM)” means any measure that is specifically identified and committ ed to in the applicable implementation plan that is either o ne of the types listed in § 108 of the CAA, or any other measure for the purpose of reducing emissions or conce ntrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or co ngestion conditions. Notwithstanding the above, vehicle technology-based, fuel-based, and maintenance-based
measures which control the emissions from vehicles

under fixed traffic conditions are not TCMs for the purposes of this rule. 48. “Transportation improvement program (TIP)” means a staged, multi-year, intermodal program of transport ation projects covering a metropolitan planning area whic h is consistent with the metropolitan transportation plan and developed pursuant to 23 CFR 450. 49. “Transportation plan” means the official intermo dal metropolitan transportation plan that is developed thr ough the metropolitan planning process for the metropoli tan planning area, developed pursuant to 23 CFR 450. 50. “Transportation project” means a highway project or a transit project. 51. “USDOT” means the United States Department of Tr ansportation.

52. “VMT” means the number of vehicle miles traveled

.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 147 Supp. 12-1 R18-2-1402. Applicability

A. Except as provided for in subsection (F) or R18-2-1 434, conformity determinations are required for all of the following: 1. The adoption, acceptance, approval, or support oftransportation plans developed pursuant to 23 CFR 450 or 49 CFR 613 by an MPO or USDOT. 2. The adoption, acceptance, approval, or support of TIPs developed pursuant to 23 CFR 450 or 49 CFR 613 by an MPO or USDOT. 3. The approval, funding, or implementation of FHWA or FTA projects.

B. Conformity determinations are not required under th is Article for individual projects which are not FHWA or FTA p rojects. However, R18-2-1429 applies to such projects if the y are regionally significant.

C. The provisions of this Article shall apply in all n onattainment and maintenance areas for transportation-related cr iteria pollutants for which the area is designated nonattainm ent or has a maintenance plan.

D. The provisions of this Article apply with respect t o emissions of the following criteria pollutants: ozone, carbonmonoxide, nitrogen dioxide, and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10 ).

E. The provisions of this Article apply with respect t o emissions of the following precursor pollutants: 1. Volatile organic compounds and nitrogen oxides inozone areas (unless the Administrator determines under § 182(f)
of the CAA that additional reductions of NOx would not contribute to attainment). 2. Nitrogen oxides in nitrogen dioxide areas. 3. Volatile organic compounds, nitrogen oxides, and PM 10 in PM 10 areas if either of the following apply: a. During the interim period, the EPA Regional Administrator or the Director of ADEQ has made a finding (including a finding in an applicable imple

mentation plan or a submitted implementation plan revision) that transportation-related precursor emi ssions within the nonattainment area are a significant
contributor to the PM 10 nonattainment problem and
has so notified ADOT or the MPO where one exists
and USDOT. b. During the transitional, control strategy, and ma intenance periods, the applicable implementation plan or implementation plan submission establishes a budget for such emissions as part of the reasonablefurther progress, attainment, or maintenance strategy. F. Projects subject to this Article for which the NEPAprocess and a conformity determination have been completed by FHWA or FTA may proceed toward implementation witho ut further conformity determinations if one of the fol lowing major steps has occurred within the most recent three-year period: NEPA process completion; formal start of fi nal design; acquisition of a significant portion of the right-o f-way; or approval of the plans, specifications, and estimate s. All phases of such projects which were considered in the confo rmity determination are also included, if those phases we re for the purpose of funding, final design, right-of-way acqu isition, construction, or any combination of these phases.

G. A new conformity determination for the project willbe required if there is a significant change in projec t design concept and scope, if a supplemental environmental doc ument for air quality purposes is initiated, or if no major s teps to advance the project have occurred within the most recent th ree-year period. Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1403. Priority When assisting or approving any action with air qua lity-related consequences, FHWA and FTA shall give priority to the implementation of those transportation portions of an appli cable implementation plan prepared to attain and maintain the NAAQS . This priority shall be consistent with statutory requirements for allocation of funds among states or other jurisdictions.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1404. Frequency of Conformity Determinations

A. Conformity determinations and conformity redetermin ations for transportation plans, TIPs, and FHWA or FTA pro jects shall be made according to the requirements of this Section and the applicable implementation plan.

B. Each new transportation plan shall be found to conf orm before the transportation plan is approved by the MPO or a ccepted by

USDOT.

C. All transportation plan revisions shall be found to conform before the transportation plan revisions are approv ed by the MPO or accepted by USDOT, unless the revision merel y adds or deletes exempt projects listed in R18-2-1434 andhas been made in accordance with the notification provisions contained in R18-2-1405. The conformity determination shall b e based on the transportation plan and the revision taken a s a whole.

D. An existing conformity determination shall lapse un less conformity of existing transportation plans is redetermined: 1. By May 25, 1995, unless previously redetermined c onsistent with 40 CFR 51, subpart T. 2. Within 18 months after EPA approval of an impleme ntation plan revision which either: a. Establishes or revises a transportation-related e missions budget (as required by CAA §§ 175A(a), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§ 192(a) and 192(b), for nitrogen dioxide); or b. Adds, deletes, or changes TCMs. 3. Within 18 months after EPA promulgation of an imp lementation plan which establishes or revises a trans portation-related emissions budget or adds, deletes, or changes

TCMs.

E. In any case, conformity determinations shall be mad e no less frequently than every three years, or the existing conformity determination will lapse.

F. A new TIP shall be found to conform before the TIP is approved by the MPO or accepted by USDOT.

G. A TIP amendment requires a new conformity determination for the entire TIP before the amendment is approved by the MPO or accepted by USDOT, unless the amendment mere ly adds or deletes exempt projects listed in R18-2-143 4 and has been made in accordance with the notification proce dures
under R18-2-1405.

H. After an MPO adopts a new or revised transportationplan, TIP conformity shall be redetermined by the MPO and USD OT within six months from the date of adoption of the plan, unless the new or revised plan merely adds or deletes exempt projects listed in R18-2-1434. Otherwise, the existing confo rmity determination for the TIP shall lapse.

I. In any case, TIP conformity determinations shall be made no less frequently than every three years or the exist ing TIP conformity determination shall lapse.

J. FHWA or FTA projects shall be found to conform befo re they are adopted, accepted, approved, or funded. Conform ity shall be redetermined for any FHWA or FTA project if none of theSupp. 12-1 Page 148 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

following major steps has occurred within the most recent three-year period: 1. NEPA process completion, 2. Start of final design, 3. Acquisition of a significant portion of the right -of-way, 4. Approval of the plans, specifications, and estimates.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1405. Consultation

A. Consultation procedures as described in this Sectio n shall be undertaken by all of the following entities and sha ll include the public and affected local and regional transportati on agencies in preparing for and making conformity determinatio ns and in developing applicable implementation plans:
1. An MPO where one exists. 2. The Arizona Department of Transportation (ADOT). 3. The United States Department of Transportation (USDOT). 4. The Arizona Department of Environmental Quality (ADEQ). 5. The county air pollution control agency establish ed pursuant to A.R.S. Title 49 where one exists. 6. The United States Environmental Protection Agency (EPA).

B. The following elements shall be used to implement the consultation processes under subsection (M), with the exc eption of subsection (M)(8), and under subsection (N), with the exception of subsections (N)(2) and (N)(3), and shall in clude all affected agencies and interested members of the pub lic, and may be conducted at separate times or in combinatio n: 1. Providing to the affected agencies and interestedmembers of the public information describing the upcom ing decision process, 2. Distributing or providing access to draft documents, 3. Providing an opportunity for informal question an d answer on the draft document or proposed decision, 4. Providing an opportunity for formal written comme nt, 5. Writing and distributing both a response to comme nts and
the final document or decision.

C. An MPO where one exists, ADEQ, a county air polluti on control agency where one exists, ADOT, a transit autho rity where one exists, and any local transportation agency sha ll undertake a consultation process in accordance with this Sect ion with each other, with the local or regional offices of E PA, FHWA and FTA, with affected regional transportation agen cies, and with the public on the development of the following as described in subsections (D) through (G): 1. The implementation plan, including the emission b udget and list of TCMs in the applicable implementation p lan; 2. The unified planning work program under 23 CFR § 450.314; 3. The transportation plan and TIP; 4. The statewide transportation plan and STIP; 5. Any revisions to the preceding documents; 6. All transportation conformity determinations.

D. ADEQ, or the MPO in a county having a population gr eater than 250,000 persons, shall be the lead agency resp onsible for preparing an implementation plan, the associated em ission budgets, and the list of TCMs in the plan. The lead agency shall also be responsible for assuring the adequacyof the consultation process. The concurrence of ADEQ on each implementation plan is required before ADEQ adopts the p lan and transmits it to EPA for inclusion in the state impl ementation plan pursuant to A.R.S. § 49-406. E. ADOT, or the MPO where one exists, shall be the lea d agency responsible for preparing the final document or dec ision and for assuring the adequacy of the consultation proce ss with respect to the development of the transportation pl an and the TIP. The MPO shall be the lead agency responsible for preparing the final document or decision and for assuringthe adequacy of the consultation process with respect to the development of the unified planning work program un der 23

CFR 450.314.

F. ADOT shall be the lead agency responsible for preparing the final document or decision and for assuring the ade quacy of the consultation process with respect to the develo pment of the statewide transportation plan and the STIP.

G. ADOT, or the MPO where one exists, shall be the lea d agency responsible for preparing the final document or dec ision and for assuring the adequacy of the consultation proce ss with respect to determinations of transportation conform ity, except that the entity authorized to adopt or approve a pr oject shall be the lead agency responsible for project-level confo rmity determinations for projects outside of the transportatio n plan or TIP and shall assure the adequacy of the consultation p rocess. H. Each lead agency described in subsections (D) throu gh (G)
shall: 1. Confer with all other agencies having an interest in the document or decision to be developed;
2. Provide access to all information needed for mean ingful input; 3. Solicit early and continuing input from those age ncies; 4. Conduct the public consultation process describedin subsection (P); 5. Assure policy-level contact with agencies; 6. With the exception of notifications pursuant to s ubsection (M)(8), prior to taking any action required pursuant to subsections (D) through (G), consider the views of each agency and the public and respond to significant co mments in a timely, substantive written manner priorto taking any final action and assure that such views and written response are made part of the record of any

action.

I. FHWA and FTA shall be responsible for assuring time ly action on final findings of conformity for transportation plans, TIPs, and federally funded projects, including the basis for those findings, after consulting with other agencies as p rovided in this Section. FHWA and FTA shall also be responsibl e for providing guidance on conformity and the transportatio n planning process to agencies in consultation. FHWA and FTA m ay rely on the consultation process initiated by ADOT or th e MPO where one exists and shall not be required to dupli cate that

process. J. EPA shall be responsible for reviewing and approvin g updated motor vehicle emissions factors and providing guidance on conformity criteria and procedures to agencies in c onsultation.

K . Each lead agency subject to a consultation process under this Section, including any federal agency, shall provid e or notice the availability of each final document that is the product of the consultation process, together with all supporting information, to each other agency and members of the publi c that have participated in the consultation process within 15 days of adopting or approving the document or making the de termination. An agency may supply a checklist of available supporting information, which other participating agencies or the public may use to request all or part of the supporting in formation, in lieu of generally distributing all supporting information.

L. A meeting that is scheduled or required for another purpose may be used for the purposes of consultation if the conformityArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 149 Supp. 12-1 consultation purpose is identified in the public no tice for the meeting.

M. A consultation process involving an MPO where one e xists, ADEQ, a county air pollution control agency where o ne exists, ADOT, a transit authority where one exists, local and regional transportation agencies, EPA, USDOT, and the public shall be undertaken for the following: 1. Evaluating and choosing each model and associated methods and assumptions to be used in hot-spot anal yses and regional emissions analyses including vehicle m iles traveled (VMT) forecasting. The consultation proces s pursuant to this subsection shall be initiated by A DOT or
the MPO where one exists. 2. Determining whether the responsible agency identi fied in R18-2-1433 has demonstrated that the requirements o f R18-2-1416, R18-2-1418 and R18-2-1419 are satisfied without a particular mitigation or control measure. The consultation process pursuant to this subsection sh all be initiated by the responsible agency. 3. Making a determination, as required by R18-2- 1429(C)(2), whether the project is included in the regional emissions analysis supporting the currentl y conforming TIP’s conformity determination, even if the project is not included in the TIP for the purposes of MPO project selection or endorsement, and whether the project’s design concept and scope have changed sig nificantly from those which were included in the region al emissions analysis, or in a manner which would sign ificantly impact use of the facility. The consultation process pursuant to this subsection shall be initiated by the MPO. In nonattainment areas where no MPO exists, ADOT shall initiate the consultation process for making a determination, as required by R18-2-1429(C)(2), whether a project that is outside of a TIP is included in the regional emissions analysis, and whether the project’s desig n concept and scope have changed significantly from thos e which were included in the regional emissions analy sis, or in a manner which would significantly impact use of the facility. 4. Determining pursuant to subsection (R) which mino r arterials and other transportation projects should be considered “regionally significant” for the purposes o f regional emissions analysis and which projects shou ld be considered to have a significant change in design c oncept and scope from the transportation plan or TIP. The consultation process pursuant to this subsection shallbe initiated by the MPO. In nonattainment areas where no MP O exists, ADOT shall initiate the consultation proces s for determining pursuant to subsection (R) which minor arterials and other transportation projects should be c onsidered “regionally significant” for the purposes of r egional emissions analysis. 5. Evaluating whether exempt projects as described i n R18-
2-1434 and R18-2-1435 should be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason. The consultation process purs uant to this subsection shall be initiated by ADOT or the M PO
where one exists. 6. Making a determination, as required by R18-2-1413

, whether past obstacles to implementation of TCMs wh ich are behind the schedule established in the applicab le implementation plan have been identified and are be ing overcome, and whether state and local agencies with influence over approvals or funding for TCMs are gi ving maximum priority to approval or funding for TCMs. T his consultation process shall also consider whether de lays in TCM implementation necessitate revisions to the app licable implementation plan to remove TCMs or to substi tute
TCMs or other emission reduction measures. The cons ultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists. 7. Identifying, as required by R18-2-1431, projects located
at sites in PM 10 nonattainment areas which have vehicle and roadway emission and dispersion characteristics which are essentially identical to those at sites which have violations verified by monitoring, and therefo re require quantitative PM 10hot-spot analysis. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists. 8. Notification of transportation plan or TIP revisi ons or amendments which merely add or delete exempt projec ts listed in R18-2-1434. Notice shall be provided by the MPO and need not be provided prior to final action. Notice shall be provided by ADOT for revisions and amendments affecting the state transportation plan and the state TIP. The public involvement process descr ibed in subsection (P) is not required for the purposes of this
subsection. 9. Project-level conformity determinations pursuant to R18- 2-1416. The consultation process pursuant to this s ubsection shall be initiated by the recipient of the fun ds designated under 23 U.S.C. or the Federal Transit Act.

. A consultation process involving the MPO, ADEQ, a c ounty air pollution control agency where one exists, ADOT, appropriate political subdivisions, regional transportat ion agencies, if any, and the public shall be undertaken for the following: 1. Evaluating events which will trigger new conformi ty determinations in addition to those triggering events established in R18-2-1404 and including any changes in planning assumptions that may trigger a new conform ity determination. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO wh ere one exists. 2. Consulting on emissions analysis for transportati on activities which cross the borders of MPOs or nonattainm ent areas or air basins. The consultation process pursu ant to this subsection shall be initiated by ADOT or the M PO where one exists. The public involvement process described in subsection (P) is not required for the purposes of this subsection. 3. Where the metropolitan planning area does not inc lude the entire nonattainment or maintenance area, a con sultation process involving the MPO and ADOT for coopera

tive planning and analysis for purposes of determin ing conformity of all projects outside the metropolitan area and within the nonattainment or maintenance area. T he consultation process pursuant to this subsection sh all be initiated by ADOT. The public involvement process described in subsection (P) is not required for the purposes of this subsection. 4. The design, schedule, and funding of research anddata collection efforts and regional transportation mode l development. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO wh ere one exists. 5. Determining that a conforming project approved wi th mitigation no longer requires mitigation. The consu ltation process pursuant to this subsection shall be i nitiated by ADOT or the MPO where one exists.

O. The following consultation processes involve recipi ents of funds designated under 23 U.S.C. or the Federal Tra nsit Act:Supp. 12-1 Page 150 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

1. A consultation process involving the MPO, ADEQ, a county air pollution control agency where one exist s, ADOT, recipients of funds designated under 23 U.S.C . or the Federal Transit Act and any agency created unde r state law that sponsors or approves transportation projects shall be undertaken to assure that plans for constr uction of regionally significant projects which are not FH WA or FTA projects, including projects for which alternative locations, design concept or scope, or the no-buildoption are still being considered, are disclosed as soon a s practicable to ADOT or the MPO where one exists, so as to assure that any significant changes to the design c oncept or scope of those plans are disclosed as soon as pr acticable. The political subdivision having authority to adopt or approve a regionally significant transportation pro ject, and any agency that becomes aware of any such proje ct through applications for approval, permitting, fund ing, or otherwise shall disclose such project to ADOT or th e MPO if one exists as soon as practicable. To help a ssure timely disclosure, the political subdivision havingauthority to adopt or approve any potential regionally si gnificant transportation project shall disclose to ADOT or the MPO on a schedule prescribed by ADOT or the MPO, whichever is appropriate, each project for which al ternatives have been identified through the NEPA process and, in particular, any preferred alternative that may b e a regionally significant project. The consultation pr ocess shall include assuming the location, design concept , and scope of the project, where the sponsor has not yet decided these features, in sufficient detail to all ow ADOT or the MPO to perform a regional emissions analysis . The consultation process pursuant to this subsection sh all be initiated by ADOT or the MPO where one exists. 2. A consultation process involving the MPO, ADEQ, a county air pollution control agency where one exist s, ADOT, recipients of funds designated under 23 U.S.C . or the Federal Transit Act, any agency created under s tate law that sponsors or approves transportation projec ts, and the public shall be undertaken for the development of procedures as described in R18-2-1429. The consultation process pursuant to this subsection shall be initiated by

ADOT or the MPO where one exists.

P. Public involvement processes shall be conducted acc ording to the requirements of this subsection. 1. ADOT or the MPO, where one exists, when making co nformity determinations on transportation plans, pro grams, and projects shall establish and continuously imple ment a proactive public involvement process which provides opportunity for public review and comment prior to taking formal action on a conformity determination for all transportation plans and TIPs, that meets the follo wing minimum requirements: a. Includes a process that provides complete informa

tion, timely public notice, full public access to k ey decisions and supports early and continuing involve

ment of the public in developing plans and TIPs. b. Requires a minimum public comment period of 45days before the public involvement process is initially adopted or revised. c. Provides timely information about transportation issues and processes to citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, oth er interested parties and segments of the community affected by transportation plans, programs, and projects, including but not limited to central city and other local jurisdiction concerns. d. Provides reasonable public access to technical an d policy information used in the development of plans and TIPs and open public meetings where mattersrelated to the federal-aid highway and transit programs are being considered. e. Requires adequate public notice of public involve

ment activities and time for public review and comment at key decision points, including, but not limited to, approval of plans and TIPs and approval of changes in plans and TIPs. In nonattainment area s classified as serious and above, the comment period shall be at least 30 days for the plan, TIP, and ma jor amendments. Public notice shall include mailing of notice to a list of all persons who have requested notice of actions covered by this Article. f. Demonstrates explicit consideration and response topublic input received during the planning and program development processes. g. Seeks out and considers the needs of those tradit ionally underserved by existing transportation systems

,including but not limited to low-income and minority households. h. When significant written and oral comments are received on a draft transportation plan or TIP, including the financial plan, as a result of the public involvement process or the consultation process required by this Section, a summary, analysis, and report on the disposition of comments shall be made part of the final plan and TIP. i. If the final transportation plan or TIP differs s ignificantly from the one which was made available forpublic comment by the MPO and it raises new material issues which interested parties could not reas onably have foreseen from the public involvementefforts, an additional opportunity for public comment on the revised plan or TIP shall be made avail

able.j. ADOT or the MPO where one exists shall specifically address in writing all public comments that known plans for a regionally significant transporta

tion project which is not receiving FHWA or FTA funding or approval have not been properly reflecte d in the emissions analysis supporting a proposed con

formity finding for a transportation plan or TIP. k. Public involvement processes shall be periodically reviewed by ADOT or the MPO in terms of their effectiveness in assuring that the process provides full and open access to all. l. These procedures will be reviewed by the FHWA and the FTA during certification reviews for TMAs, and as otherwise necessary for all MPOs, to assurethat full and open access is provided to MPO decisionmaking processes. m. Metropolitan public involvement processes shall b ecoordinated with statewide public involvement processes wherever possible to enhance public consideration of the issues, plans, and programs and to

reduce redundancies and costs. 2. Local and regional transportation agencies when m aking conformity determinations on regionally significant transportation projects shall establish and impleme nt a public involvement process which meets, at a minimum, the following requirements:Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 151 Supp. 12-1

a. Provides to the affected agencies and interested members of the public information describing the upcoming decision process. b. Distributes or provides access to draft documents and all information needed for meaningful input. c. Solicits early and continuing input from interest ed agencies and the public. d. Provides an opportunity for informal question and answer on the draft document or proposed decision.e. Provides an opportunity for formal written comment. f. Provides for writing and distributing both a resp onse to comments and the final document or decision. The response to comments shall consider the viewsof each agency and the public. The response to comments shall be made in a timely, substantive writte n manner prior to taking any final action and shall b e made part of the record of any action. Q. Any conflict among state agencies or between state agencies
and an MPO shall be escalated to the Governor if th e conflict cannot be resolved by the directors of the involvedagencies. In the first instance, such entities shall make eve ry effort to resolve any differences, including personal meeting s between the directors of such entities or their policy-leve l representatives, to the extent possible. Within 14 calendar d ays after ADOT or the MPO has notified ADEQ of its decision, ADEQ may appeal a proposed determination of conformity, or other policy decision under this Article, to the Governor. ADEQ must provide notice of any appeal under this subsec tion to ADOT or the MPO. If ADEQ does not appeal to the Gov ernor within 14 days, ADOT or the MPO may proceed with th e final determination or decision. If ADEQ appeals to the G overnor, the final conformity determination or policy decisi on shall
have the concurrence of the Governor. The Governor may delegate to another official or agency within the stat e the role of hearing any appeal under this subsection and of dec iding
whether to concur in the determination or decision but may not delegate these functions to the director or staff o f ADEQ, to any local air quality agency, to ADOT, to any state transportation commission or board, to an MPO, or to any agen cy that has responsibility for any of these functions.

R. The following procedures shall govern the consultat ion process regarding regionally significant transportatio n projects as defined in R18-2-1401(37): 1. By September 1, 1995, ADOT or the MPO where one exists shall develop and make available, for each n onattainment or maintenance area, consistent with A.R.S . § 49-408(A), the following: a. A map of the highway or transit facilities in the nonattainment or maintenance area that serve regional transportation needs. b. Guidance on which undertakings to implement or modify a highway facility are not transportation projects as defined in this Article, because they are not of sufficient length to address environmental matters on a broad scope. c. Guidance on which types of transportation project s are normally included in the regional transportatio n model. 2. The map and guidance described in subsection (R)( 1) shall be produced only after consultation with ADEQ , a county air pollution control agency where one exist s, ADOT, a transit authority where one exists, local and regional transportation agencies, and the public. T he map developed pursuant to subsection (R)(1) shall be up dated prior to the commencement of the next TIP or STIP development cycle, unless no changes have occurred. The guidance developed pursuant to subsection (R)(3) sh all be revised as necessary to reflect changes in the r egional transportation model. 3. ADOT or the MPO where one exists shall develop an d initiate the consultation process described in subs ection (H) for a proposed list of transportation projects to be considered regionally significant. The consultationprocess shall include the MPO where one exists, ADEQ, a county air pollution control agency where one exist s, ADOT, a transit authority where one exists, local and regional transportation agencies, EPA, USDOT, and the public. The list shall include information supporti ng the proposed classification. 4. In determining whether a facility serves regional transportation needs, ADOT or the MPO where one exists shall consider at a minimum whether the facility: a. Would be classified as a principal arterial basedon average daily traffic or other factors, if not for limitations that the USDOT places on the percentage of

streets that can be so classified. b. For all other roadways, whether the facility: i. Serves regional mobility needs, as opposed to

local access. ii. Carries regional traffic from one principal arte

rial to another. iii. Is a modification that expands a facility such that it would serve regional transportation
needs. 5. For the purposes of this Article, a street with alower classification than a collector street, as specified in the most recent federal classification map for the region, d oes not serve regional transportation needs. 6. None of the following attributes, by itself, shal l require a transportation project to be included in the modeli ng of a metropolitan area’s transportation network: a. The connection of a facility that does not serve regional transportation needs to a facility that do es serve regional transportation needs.
b. The addition or modification of a lane other than a through lane.

S. An agency having a role or responsibility under thi s Section may delegate that role or responsibility to anotherentity pursuant to the applicable state law but shall notify al l other parties to the consultation process of this fact when the d elegation occurs and shall also provide to the other parties the name, address, and telephone number of one or more contac t persons representing the entity that is accepting the deleg ated role or responsibility.

T. The provisions of this Section apply only to TIP an d STIP planning cycles beginning with the cycles next foll owing the effective date of this Section. The provisions of 4 0 CFR 51, Subpart T, continue to apply to all TIP and STIP pl anning cycles in progress at the time of the effective dat e of this Section. The provisions of this Section apply to consu ltation on projects and TIP amendments as of the effective dat e of this

Section.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1406. Content of Transportation Plans

A. For transportation plans adopted after January 1, 1 995, in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas, the follow ing shall apply:Supp. 12-1 Page 152 March 31, 2012

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1. The transportation plan shall specifically describe the transportation system envisioned for certain future years which shall be called horizon years. 2. The agency or organization developing the transpo rtation plan, after consultation pursuant to R18-2-1405, may choose any years to be horizon years, subject to th e following restrictions: a. Horizon years may be no more than 10 years apart. b. The first horizon year may be no more than 10 years from the base year used to validate the transportat ion demand planning model. c. If the attainment year is in the time span of the transportation plan, the attainment year shall be a hori zon

year. d. The last horizon year shall be the last year of the transportation plan’s forecast period. 3. For these horizon years all of the following apply: a. The transportation plan shall quantify and docume ntthe demographic and employment factors influencing expected transportation demand, including landuse forecasts, in accordance with implementation plan provisions and R18-2-1405. b. The highway and transit system shall be described in terms of the regionally significant additions or mo difications to the existing transportation network which the transportation plan envisions to be opera

tional in the horizon years. Additions and modifica

tions to the highway network shall be sufficiently identified to indicate intersections with existing regionally significant facilities and to determine their effect on route options between transportatio n analysis zones. Each added or modified highway segment shall also be sufficiently identified in te rms of its design concept and design scope to allow mod

eling of travel times under various traffic volumes

, consistent with the modeling methods for area-wide transportation analysis in use by the MPO. Transit facilities, equipment, and services envisioned for the future shall be identified in terms of design conce pt, design scope, and operating policies sufficiently t o allow modeling of their transit ridership. The description of additions and modifications to the transportation network shall also be sufficiently s pecific to show that there is a reasonable relationsh ipbetween expected land use and the envisioned transportation system. c. Other future transportation policies, requirement s, services, and activities, including intermodal acti vities, shall be described.

B. Ozone or CO nonattainment areas which are reclassif ied from moderate to serious shall meet the requirements of subsection (A) within two years from the date of reclassification.

C. Transportation plans for other areas shall meet the requirements of subsection (A) at least to the extent it h as been the previous practice of the MPO to prepare plans whichmeet those requirements. Otherwise, transportation plans shall describe the transportation system envisioned for the future specifically enough to allow determination of confo rmity according to the criteria and procedures of R18-2-1 409 through R18-2-1427.

D. The requirements of this Section supplement other r equirements of applicable law or regulation governing the format or content of transportation plans.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2). R18-2-1407. Relationship of Transportation Plan and TIP Conformity with the EPA Process The degree of specificity required in the transport ation plan and the specific travel network assumed for air quality mod eling do not preclude the consideration of alternatives in the NEPAprocess or other project development studies. Should the NEPA proces s result in a project with design concept and scope significantlydifferent from that in the transportation plan or TIP, the projectshall meet the criteria in R18-2-1409 through R18-2-1427 for projects not from a TIP before NEPA process completion.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1408. Fiscal Constraints for Transportation Pl ans and

TIPs Transportation plans and TIPs shall demonstrate that they are fiscally constrained consistent with USDOT’s metropoli tan planning regulations at 23 CFR 450 in order to be found in c onformity.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1409. Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, and Project s: General

A. In order to be found to conform, each transportatio n plan, program, and FHWA or FTA project shall satisfy the app licable criteria and procedures in R18-2-1410 through R18-2 -1427 as listed in Table 1 of this Section and shall comply with all applicable conformity requirements of implementatio n plans and of court orders for the area which pertain spec ifically to conformity determination requirements. The criteriafor making conformity determinations differ based on the a ction under review (transportation plans, TIPs, and FHWA or FTA projects), the time period in which the conformity determination is made, and the relevant pollutant.

B. The following table indicates the criteria and proc edures in R18-2-1410 through R18-2-1427 which apply for each action in each time period:

Table 1. Conformity Criteria

DURING ALL PERIODS

PHASE II OF THE INTERIM PERIOD Action Criteria Transportation Plan R18-2-1410, R18-2-1411, R18- 2-1412, R18-2-1413(B)

TIP R18-2-1410, R18-2-1411, R18- 2-1412, R18-2-1413(C)
Project (from a conforming plan and TIP) R18-2-1410, R18-2-1411, R18-
2-1412, R18-2-1414, R18-2-
1415, R18-2-1416, R18-2-1417
Project (not from a conforming plan and TIP) R18-2-1410, R18-2-1411, R18- 2-1412, R18-2-1413(D), R18-
2-1414, R18-2-1416, R18-2-

1417

Action Criteria
Transportation Plan R18-2-1422, R18-2-1425

TIP R18-2-1423, R18-2-1426 Project (from a conforming plan and TIP) R18-2-1421

Project (not from a conforming plan and TIP) R18-2-1421, R18-2-1424,

R18-2-1427Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 153 Supp. 12-1

TRANSITIONAL PERIOD

CONTROL STRATEGY AND MAINTENANCE PERIODS

R18-2-1410. The conformity determination must be bas ed on the latest planning assumptions. R18-2-1411. The conformity determination must be bas ed on the
latest emission estimation model available. R18-2-1412. The MPO must make the conformity determi nation according to the consultation procedures of this ru le and the implementation plan revision required by 40 CFR 51. 396. R18-2-1413. The transportation plan, TIP, or FHWA or FTA project which is not from a conforming plan and TIP must provide for the timely implementation of TCMs from the applicable implementation plan. R18-2-1414. There must be a currently conforming transportation plan and currently conforming TIP at the time of pr oject approval. R18-2-1415. The project must come from a conforming transportation plan and program. R18-2-1416. The FHWA or FTA project must not cause o r contribute to any new localized CO or PM 10 violations or increase the frequency or severity of any existing CO or PM 10 violations in CO and PM 10 nonattainment and maintenance areas. R18-2-1417. The FHWA or FTA project must comply withPM 10 control measures in the applicable implementation p lan. R18-2-1418. The transportation plan must be consiste nt with the motor vehicle emissions budget(s) in the applicable implementation plan or implementation plan submission.
R18-2-1419. The TIP must be consistent with the moto r vehicle emissions budget(s) in the applicable implementatio n plan or implementation plan submission. R18-2-1420. The project which is not from a conformi ng transportation plan and conforming TIP must be consisten t with the motor vehicle emissions budget(s) in the applicable implementation plan or implementation plan submission. R18-2-1421. The FHWA or FTA project must eliminate o r reduce the severity and number of localized CO violations in the area substantially affected by the project (in CO nonatt ainment areas). R18-2-1422. The transportation plan must contribute to emissions
reductions in ozone and CO nonattainment areas.

R18-2-1423. The TIP must contribute to emissions reductions in
ozone and CO nonattainment areas. R18-2-1424. The project which is not from a conformi ng transportation plan and TIP must contribute to emissions reductions

in ozone and CO nonattainment areas. R18-2-1425. The transportation plan must contribute to emission
reductions or must not increase emissions in PM 10 and NO 2 nonattainment areas.
R18-2-1426. The TIP must contribute to emission redu ctions or
must not increase emissions in PM 10and NO 2 nonattainment

areas. R18-2-1427. The project which is not from a conformi ng transportation plan and TIP must contribute to emission reductions

or must not increase emissions in PM 10and NO 2 nonattainment areas.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1410. Criteria and Procedures: Latest Planning Assumptions

A. During all periods the conformity determination, wi th respect to all other applicable criteria in R18-2-1411 thro ugh R18-2- 1427, shall be based upon the most recent complete planning assumptions in force at the time of the conformity determination. The conformity determination shall satisfy th e requirements of subsections (B) through (F).

B. Assumptions, including vehicle miles traveled per c apita or per household, trip generation per household, vehic le occupancy, household size, vehicle fleet mix, vehicle o wnership, and the geographic distribution of population growth shall be derived from the estimates of current and future po pulation, employment, travel, and congestion most recently us ed by ADOT or the MPO where one exists. Population estima tes shall be consistent with the estimates developed bythe Arizona Department of Economic Security pursuant to A. R.S. § 41-1954(A). The conformity determination shall also be based on the latest assumptions about current and future background

concentrations.

C. The conformity determination for each transportatio n plan and TIP shall discuss how transit operating policies (i ncluding fares and service levels) and assumed transit rider ship have changed since the previous conformity determination

. D. The conformity determination shall include reasonab le assumptions about transit service and increases in transit fares and road and bridge tolls over time.

E. The conformity determination shall use the latest e xisting information regarding the effectiveness of the TCMs which have already been implemented.

F. Key assumptions shall be specified and included in the draft documents and supporting materials used for the int eragency and public consultation required by R18-2-1405.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1411. Criteria and Procedures: Latest Emission s Model

A. During all periods the conformity determination sha ll be based
on the latest emission estimation model available. This criterion is satisfied if the most current version of th e motor vehicle emissions model specified by EPA for use in the pre paration or revision of implementation plans in that state or area is used for the conformity analysis. Where EMFAC is the mot or vehicle emissions model used in preparing or revising the applicable implementation plan, new versions shall be appr oved by EPA before they are used in the conformity analysis

. B. Conformity analyses for which the emissions analysi s was begun during the grace period or before the Federal Register notice of availability of the latest emission model , or during any grace period announced in such notice, may cont inue to Action Criteria
Transportation Plan R18-2-1418, R18-2-1422, R18-

2-1425

TIP R18-2-1419, R18-2-1423, R18-

2-1426
Project (from a conforming plan and TIP) R18-2-1421

Project (not from a conforming plan and TIP) R18-2-1420, R18-2-1421, R18-
2-1424, R18-2-1427

Action Criteria
Transportation Plan R18-2-1418

TIP R18-2-1419
Project (from a conforming plan and TIP) No additional criteria

Project (not from a conforming plan and TIP) R18-2-1420Supp. 12-1 Page 154 March 31, 2012

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use the previous version of the model for transport ation plans and TIPs. The previous model may also be used for p rojects if the analysis was begun during the grace period or b efore the Federal Register notice of availability, provided n o more than three years have passed since the draft environment al document was issued.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1412. Criteria and Procedures: Consultation All conformity determinations shall be made accordi ng to the consultation procedures in R18-2-1405. This criterion applies during all periods. Until the implementation plan revision required by 40 CFR 51.396 is approved by EPA, the conformity determination shall be made according to the procedures in R18-2- 1405. Once the implementation plan revision has been approved by E PA, this criterion is satisfied if the conformity determination i s made consistent with the implementation plan’s consultation require ments.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1413. Criteria and Procedures: Timely Implemen tation

of TCMs

A. During all periods the transportation plan, TIP, or FHWA, or FTA project which is not from a conforming plan and TIP shall provide for the timely implementation of TCMs from the applicable implementation plan.

B. For transportation plans, this criterion is satisfi ed if the following two conditions are met: 1. The transportation plan, in describing the envisi oned future transportation system, provides for the time ly completion or implementation of all TCMs in the applic able implementation plan which are eligible for funding under 23 U.S.C. or the Federal Transit Act, consistent wi th schedules included in the applicable implementation plan. 2. Nothing in the transportation plan interferes with the implementation of any TCM in the applicable impleme ntation plan.

C. For TIPs, this criterion is satisfied if all of the following conditions are met: 1. An examination of the specific steps and funding source needed to fully implement each TCM indicates that TCMs which are eligible for funding under 23 U.S.C. or the Federal Transit Act are on or ahead of the sche dule established in the applicable implementation plan, or, if
such TCMs are behind the schedule established in th e applicable implementation plan, the MPO and USDOT have determined that past obstacles to implementati on of
the TCMs have been identified and have been or are being overcome, and that all state and local agenci es with influence over approvals or funding for TCMs are gi ving maximum priority to approval or funding of TCMs ove r other projects within their control, including proj ects in
locations outside the nonattainment or maintenance area. Maximum priority to approval or funding of TCMs includes demonstrations with respect to funding acc eleration, commitment of staff or other agency resources , diligent efforts to seek approvals, and similar actions

. 2. If federal funding intended for TCMs in the appli cable implementation plan has previously been programmed but is reallocated to projects in the TIP other than TCMs, (or if there are no other TCMs in the TIP, to proje cts in the TIP other than projects which are eligible for federal funding under ISTEA’s Congestion Mitigation and Air Quality Improvement Program), and the TCMs are behind the schedule in the implementation plan, the TIP
cannot be found to conform. 3. Nothing in the TIP may interfere with the impleme ntation of any TCM in the applicable implementation plan.

D. For FHWA or FTA projects which are not from a confo rming transportation plan and TIP, this criterion is sati sfied if the project does not interfere with the implementation of any TCM in the applicable implementation plan.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1414. Criteria and Procedures: Currently Confo rming Transportation Plan and TIP During all periods there shall be a currently confo rming transportation plan and currently conforming TIP at the time of project approval. This criterion is satisfied if the curren t transportation plan and TIP have been found to conform to the applicabl e implementation plan by the MPO and USDOT according to the pro cedures of this subpart. Only one conforming transportation pl an or TIP may exist in an area at any time; conformity determinations of a previous transportation plan or TIP expire once the curr ent plan or TIP is found to conform by USDOT. The conformity determination on a transportation plan or TIP will also lapse if confo rmity is not determined according to the frequency requirements of R1 8-2-1404.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1415. Criteria and Procedures: Projects from aPlan

and TIP

A. During all periods the project shall come from a co nforming transportation plan and program. Otherwise, the pro ject shall satisfy all criteria in Table 1 of R18-2-1409 for a project not from a conforming transportation plan and TIP. A pr oject is considered to be from a conforming transportation p lan if it meets the requirements of subsection (B) and from aconforming program if it meets the requirements of subsect ion (C).

B. A project is considered to be from a conforming transportation plan if one of the following conditions applies: 1. For projects which are required to be identified in the transportation plan in order to satisfy R18-2-1406, the project is specifically included in the conforming transportation plan and the project’s design concept and scope have not changed significantly from those which wer e described in the transportation plan, or in a manne r which would significantly impact use of the facility. 2. For projects which are not required to be specifi cally identified in the transportation plan, the project is identified in the conforming transportation plan, or is c onsistent with the policies and purpose of the transport ation plan and will not interfere with other projects spe cifically included in the transportation plan.

C. A project is considered to be from a conforming pro gram if all of the following conditions are met: 1. The project is included in the conforming TIP and the design concept and scope of the project were adequa te at the time of the TIP conformity determination to det ermine its contribution to the TIP’s regional emissio ns and have not changed significantly from those which wer e described in the TIP, or in a manner which would si gnificantly impact use of the facility. 2. If the TIP describes a project design concept and scope which includes project-level emissions mitigation o r control measures, enforceable written commitments to implement such measures shall be obtained from the project sponsor or operator as required by R18-2-14 33 in order for the project to be considered from a confo rmingArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 155 Supp. 12-1 program. Any change in these mitigation or control measures that would significantly reduce their effecti veness constitutes a change in the design concept and scop e of the project.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1416. Criteria and Procedures: Localized CO an d

PM 10 Violations (Hot Spots)

A. During all periods any FHWA or FTA project shall no t cause or contribute to any new localized CO or PM 10 violations or increase the frequency or severity of any existing CO or PM 10 violations in CO and PM 10 nonattainment and maintenance
areas. This criterion is satisfied if it is demonstrated that no

new local violations will be created and the severi ty or number of existing violations will not be increased as a r esult of the project.

B. The demonstration shall be performed according to the requirements of R18-2-1405 and R18-2-1431.

C. For projects which are not of the type identified b y R18-2- 1431(A) or R18-2-1431(D), this criterion may be sat isfied if consideration of local factors clearly demonstrates that no local violations presently exist and no new local v iolations will be created as a result of the project. Otherwise, i n CO nonattainment and maintenance areas, a quantitative demo nstration shall be performed according to the requirements of R18-2- 1431(B).

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1417. Criteria and Procedures: Compliance with PM 10 Control Measures During all periods any FHWA or FTA project shall co mply with

PM 10 control measures in the applicable implementation plan. This condition is satisfied if control measures (for the purpose of limiting PM 10 emissions from the construction activities or norma l use and operation associated with the project) containe d in the applicable implementation plan are included in the final p lans, specifications, and estimates for the project.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1418. Criteria and Procedures: Motor Vehicle E missions Budget (Transportation Plan)

A. The transportation plan shall be consistent with th e motor vehicle emissions budget in the applicable implementation plan or implementation plan submission. This criter ion applies during the transitional period and the control strategy and maintenance periods, except as provided in R18-2-14 36. This criterion may be satisfied if the requirements in s ubsections (B) and (C) are met:

B. A regional emissions analysis shall be performed as follows: 1. The regional analysis shall estimate emissions of any of the following pollutants and pollutant precursors f or which the area is in nonattainment or maintenance and for which the applicable implementation plan or impleme ntation plan submission establishes an emissions budge t: a. VOC as an ozone precursor. b. NOx as an ozone precursor, unless the Administrat or determines that additional reductions of NOx would
not contribute to attainment.

c. CO.
d. PM 10 (and its precursors VOC or NOx if the applicable implementation plan or implementation plan submission identifies transportation-related precur

sor emissions within the nonattainment area as a si gnificant contributor to the PM 10 nonattainment problem or establishes a budget for such emissions)

. e. NOx (in NO 2 nonattainment or maintenance areas). 2. The regional emissions analysis shall estimate em issions from the entire transportation system, including al l regionally significant transportation projects cont ained in the transportation plan and all other regionally si gnificant highway and transit projects expected in the nonatt ainment or maintenance area in the time-frame of the transportation plan. 3. The emissions analysis methodology shall meet the requirements of R18-2-1430. 4. For areas with a transportation plan that meets t he content requirements of R18-2-1406(A), the emissions analys is shall be performed for each horizon year. Emissions in milestone years which are between the horizon years may be determined by interpolation. 5. For areas with a transportation plan that does no t meet the content requirements of R18-2-1406(A), the emission s analysis shall be performed for all of the followin g: a. The last year of the plan’s forecast period. b. The attainment year, if the attainment year is in the time span of the transportation plan. c. Any other years in the time span of the transport ation plan such that there is not a gap of more than 10years between analysis years. Emissions in milestone years which are between these analysis years may be determined by interpolation.

C. The regional emissions analysis shall demonstrate that for each of the applicable pollutants or pollutant prec ursors in subsection (B)(1) the emissions are less than or equal to the motor vehicle emissions budget as established in the appl icable implementation plan or implementation plan submissi on as follows: 1. If the applicable implementation plan or implementation plan submission establishes emissions budgets for m ilestone years, emissions in each milestone year are l ess than or equal to the motor vehicle emissions budget established for that year. 2. For nonattainment areas, emissions in the attainm ent year are less than or equal to the motor vehicle emissio ns budget established in the applicable implementation pl an or implementation plan submission for that year. 3. For nonattainment areas, emissions in each analys is or horizon year after the attainment year are less than or equal to the motor vehicle emissions budget establi shed by the applicable implementation plan or implementation plan submission for the attainment year. If emissio ns budgets are established for years after the attainment year, emissions in each analysis year or horizon year sha ll be less than or equal to the motor vehicle emissions b udget for that year, if any, or the motor vehicle emissio ns budget for the most recent budget year prior to the an alysis year or horizon year. 4. For maintenance areas, emissions in each analysis or horizon year are less than or equal to the motor ve hicle emissions budget established by the maintenance plan for that year, if any, or the emissions budget for the most recent budget year prior to the analysis or horizon year.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1419. Criteria and Procedures: Motor Vehicle E missions Budget (TIP)

A. The TIP shall be consistent with the motor vehicle emissions budgets in the applicable implementation plan or im plementa-Supp. 12-1 Page 156 March 31, 2012

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tion plan submission. This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in R18-2-1436. This criterion may be satisfied if the requirements in subsections (B) and (C) are met.
B. For areas with a conforming transportation plan tha t fully meets the content requirements of R18-2-1406(A), th is criterion may be satisfied without additional regional e missions analysis if: 1. Each program year of the TIP is consistent with the federal funding which may be reasonably expected for t hat year, and required state or local matching funds an d funds for state or local funding-only projects are consis tent with the revenue sources expected over the same period; and 2. The TIP is consistent with the conforming transpo rtation plan such that the regional emissions analysis alre ady performed for the plan applies to the TIP also. Thi s requires a demonstration that: a. The TIP contains all projects which shall be started in the TIP’s time-frame in order to achieve the highway and transit system envisioned by the transporta

tion plan in each of its horizon years; b. All TIP projects which are regionally significant are part of the specific highway or transit system envi

sioned in the transportation plan’s horizon years; and c. The design concept and scope of each regionally s ignificant transportation project in the TIP is not s ignificantly different from that described in the transportation plan. 3. If the requirements in subsections (B)(1) and (B) (2) are not met, then either:a. The TIP may be modified to meet those requirements; or b. The transportation plan shall be revised so that the requirements in subsections (B)(1) and (B)(2) aremet. Once the revised plan has been found to conform, this criterion is met for the TIP with no add itional analysis except a demonstration that the TIP meets the requirements of subsections (B)(1) and (B)(2).

C. For areas with a transportation plan that does not meet the content requirements of R18-2-1406(A), a regional emis sions analysis shall meet all of the following requirements: 1. The regional emissions analysis shall estimate em issions from the entire transportation system, including al l projects contained in the proposed TIP, the transpo rtation plan, and all other regionally significant highway and transit projects expected in the nonattainment or m aintenance area in the time-frame of the transportation plan. 2. The analysis methodology shall meet the requireme nts of R18-2-1430(C). 3. The regional emissions analysis shall satisfy the requirements of R18-2-1418(B)(1), R18-2-1418(B)(5), and R1 8- 2-1418(C).

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1420. Criteria and Procedures: Motor Vehicle E missions Budget (Project ot from a Plan and TIP)

A. The project which is not from a conforming transportation plan and a conforming TIP shall be consistent with the motor vehicle emissions budget in the applicable implementation plan or implementation plan submission. This criter ion applies during the transitional period and the control strategy and maintenance periods, except as provided in R18-2-14 36. It is satisfied if emissions from the implementation of the project, when considered with the emissions from the project s in the conforming transportation plan and TIP and all othe r regionally significant transportation projects expected i n the area, do not exceed the motor vehicle emissions budget in th e applicable implementation plan or implementation plan subm ission.

B. For areas with a conforming transportation plan that meets the content requirements of R18-2-1406(A): 1. This criterion may be satisfied without additiona l regional analysis if the project is included in the conforming transportation plan, even if it is not specific ally included in the latest conforming TIP. This require s a demonstration that all of the following apply: a. Allocating funds to the project will not delay th e implementation of projects in the transportation pl an or TIP which are necessary to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years. b. The project is not regionally significant or is p art of the specific highway or transit system envisioned i n the transportation plan’s horizon years. c. The design concept and scope of the project is no t significantly different from that described in the transportation plan. 2. If the requirements in subsection (B)(1) are not met, a regional emissions analysis shall be performed as follows:a. The analysis methodology shall meet the requirements of R18-2-1430. b. The analysis shall estimate emissions from the tr ansportation system, including the proposed project an d all other regionally significant transportationprojects expected in the nonattainment or maintenance area in the time-frame of the transportation plan. The analysis shall include emissions from all previously approved projects which were not from a transportation plan and TIP. c. The regional emissions analysis shall meet the requirements of R18-2-1418(B)(1), R18-2- 1418(B)(4) and R18-2-1418(C).

C. For areas with a transportation plan that does not meet the content requirements of R18-2-1406(A), a regional emis sions analysis shall be performed for the project togethe r with the conforming TIP and all other regionally significanttransportation projects expected in the nonattainment or maintenance area. This criterion may be satisfied if all of the following apply: 1. The analysis methodology meets the requirements o f R18-2-1430(C). 2. The analysis estimates emissions from the transpo rtation system, including the proposed project, and all oth er regionally significant transportation projects expe cted in

the nonattainment or maintenance area in the time-f rame of the transportation plan. 3. The regional emissions analysis satisfies the requirements of R18-2-1418(B)(1), R18-2-1418(B)(5), and R18-2- 1418(C).

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1421. Criteria and Procedures: Localized CO Vi olations (Hot Spots) in the Interim and Transitional P eriods

A. Each FHWA or FTA project shall eliminate or reduce the severity and number of localized CO violations in the area substantially affected by the project (in CO nonatt ainment areas). This criterion applies during the interim and transitional periods only. This criterion is satisfied wi th respect to existing localized CO violations if it is demonstra ted thatArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 157 Supp. 12-1 existing localized CO violations will be eliminated or reduced in severity and number as a result of the project.

B. The demonstration shall be performed according to the requirements of R18-2-1405 and R18-2-1431.

C. For projects which are not of the type identified b y R18-2- 1431(A), this criterion may be satisfied if conside ration of local factors clearly demonstrates that existing CO violations will be eliminated or reduced in severity and numbe r. Otherwise, a quantitative demonstration shall be perform ed according to the requirements of R18-2-1431(B).

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1422. Criteria and Procedures: Interim and Tra nsitional Period Reductions in Ozone and CO Areas (Tra nsportation Plan)

A. A transportation plan shall contribute to emissions reductions

in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, e xcept as otherwise provided in R18-2-1436. It applies to the ne t effect on emissions of all projects contained in a new or rev ised transportation plan. This criterion may be satisfied if a regional emissions analysis is performed as described in sub sections (B) through (F).

B. Determine the analysis years for which emissions ar e to be estimated. Analysis years shall be no more than 10 years apart. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in oz one nonattainment areas). The second analysis year shall b e either the attainment year for the area or, if the attainment year is the same as the first analysis year or earlier, the sec ond analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan’s forecast period shall also be an analysis year.

C. Define the Baseline scenario for each of the analys is years to be the future transportation system that would resu lt from current programs, composed of all of the following, ex cept that projects listed in R18-2-1434 and R18-2-1435 need n ot be explicitly considered: 1. All in-place regionally significant highway and t ransit facilities, services and activities. 2. All ongoing travel demand management or transport ation system management activities. 3. Completion of all regionally significant transportation projects, regardless of funding source, which are c urrently under construction or are undergoing right-o f-way acquisition (except for hardship acquisition and pr otective buying); come from the first three years of th e previously conforming transportation plan or TIP; or hav e completed the NEPA process. For the first conformit y determination on the transportation plan after Nove mber 24, 1993, a project may not be included in the Base line
scenario and shall be included in the Action scenario as described in subsection (D), if one of the followin g major steps has not occurred within the most recent three -year period: a. NEPA process completion; b. Start of final design; c. Acquisition of a significant portion of the right -ofway; d. Approval of the plans, specifications and estimat es. D. Define the Action scenario for each of the analysis years as the transportation system that will result in that year from the implementation of the proposed transportation plan, TIPs adopted under it, and other expected regionally significant transportation projects in the nonattainment area. The Action scenario will include all of the following except t hat projects listed in R18-2-1434 and R18-2-1435 need not be exp licitly

considered: 1. All facilities, services, and activities in the B aseline scenario; 2. Completion of all TCMs and regionally significanttransportation projects, including facilities, services, and activities, specifically identified in the proposedtransportation plan which will be operational or in effect in the analysis year, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or th e TCM is identified in the applicable implementation plan ; 3. All travel demand management programs and transpo rtation system management activities known to the MPO, but not included in the applicable implementation p lan or utilizing any federal funding or approval, which have been fully adopted or funded by the enforcing juris diction or sponsoring agency since the last conformity dete rmination on the transportation plan; 4. The incremental effects of any travel demand mana gement programs and transportation system management activities known to the MPO, but not included in th e applicable implementation plan or utilizing any fed eral funding or approval, which were adopted or funded p rior to the date of the last conformity determination onthe transportation plan, but which have been modified s ince then to be more stringent or effective; 5. Completion of all expected regionally significanthighway and transit projects which are not from a confo rming transportation plan and TIP; 6. Completion of all expected regionally significantnonFHWA/FTA highway and transit projects that have cle ar funding sources and commitments leading toward thei r implementation and completion by the analysis year.

E. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined b y the Baseline and Action scenarios and determine the differe nce in regional VOC and NOx emissions (unless the Administrator determines that additional reductions of NOx would not contribute to attainment) between the two scenarios fo r ozone nonattainment areas and the difference in CO emissi ons between the two scenarios for CO nonattainment area s. The analysis shall be performed for each of the analysi s years according to the requirements of R18-2-1430. Emissi ons in milestone years which are between the analysis year s may be determined by interpolation.

F. This criterion is met if the regional VOC and NOx e missions (for ozone nonattainment areas) and CO emissions (f or CO nonattainment areas) predicted in the Action scenar io are less than the emissions predicted from the Baseline scen ario in each analysis year, and if this can reasonably be e xpected to be true in the periods between the first milestone year and the analysis years. The regional analysis shall show th at the
Action scenario contributes to a reduction in emiss ions from the 1990 emissions by any nonzero amount.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1423. Criteria and Procedures: Interim Period Reductions in Ozone and CO Areas (TIP)

A. A TIP shall contribute to emissions reductions in o zone and CO nonattainment areas. This criterion applies duri ng the interim and transitional periods only, except as otherwise provided in R18-2-1436. It applies to the net effect o n emissions of all projects contained in a new or revised TIP. This criterionSupp. 12-1 Page 158 March 31, 2012

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may be satisfied if a regional emissions analysis i s performed as described in subsections (B) through (F).

B. Determine the analysis years for which emissions ar e to be estimated. The first analysis year shall be no late r than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The analysis years shal l be no more than 10 years apart. The second analysis year shall be either the attainment year for the area or, if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the f irst analysis year. The last year of the transportation plan’s fo recast period shall also be an analysis year.

C. Define the Baseline scenario as the future transportation system that would result from current programs, compos ed of all of the following, except that projects listed in R1 8-2-1434 and R18-2-1435 need not be explicitly considered: 1. All in-place regionally significant highway and t ransit facilities, services, and activities. 2. All ongoing travel demand management or transport ation system management activities. 3. Completion of all regionally significant transportation projects, regardless of funding source, which are c urrently under construction or are undergoing right-o f-way acquisition, except for hardship acquisition and pr otective buying; come from the first three years of the previously conforming TIP; or have completed the NEPA process. For the first conformity determination on the TIP after November 24, 1993, a project may not be inclu ded in the Baseline scenario if one of the following ma jor steps has not occurred within the most recent three -year period: a. NEPA process completion. b. Start of final design. c. Acquisition of a significant portion of the right -ofway. d. Approval of the plans, specifications, and estimates.Such a project shall be included in the Action scenario, as described in subsection (D).

D. Define the Action scenario as the future transportation system that will result from the implementation of the pro posed TIP and other expected regionally significant transport ation projects in the nonattainment area in the time-fram e of the transportation plan. It will include all of the fol lowing, except that projects listed in R18-2-1434 and R18-2-1435 n eed not be explicitly considered: 1. All facilities, services, and activities in the B aseline scenario; 2. Completion of all TCMs and regionally significanttransportation projects, including facilities, services, and activities, included in the proposed TIP, except th at regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by th e enforcing jurisdiction or the TCM is contained in the applicable implementation plan; 3. All travel demand management programs and transpo rtation system management activities known to the MPO, but not included in the applicable implementation p lan or utilizing any federal funding or approval, which have been fully adopted or funded by the enforcing juris diction or sponsoring agency since the last conformity dete rmination on the TIP; 4. The incremental effects of any travel demand mana gement programs and transportation system management activities known to the MPO, but not included in th e applicable implementation plan or utilizing any fed eral funding or approval, which were adopted or funded p rior to the date of the last conformity determination onthe TIP, but which have been modified since then to be more stringent or effective; 5. Completion of all expected regionally significanthighway and transit projects which are not from a confo rming transportation plan and TIP; 6. Completion of all expected regionally significantnonFHWA/FTA highway and transit projects that have cle ar funding sources and commitments leading toward thei r implementation and completion by the analysis year.

E. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined b y the Baseline and Action scenarios, and determine the differ ence in regional VOC and NOx emissions (unless the Administrator
determines that additional reductions of NOx would not contribute to attainment) between the two scenarios fo r ozone nonattainment areas and the difference in CO emissi ons between the two scenarios for CO nonattainment area s. The analysis shall be performed for each of the analysi s years according to the requirements of R18-2-1430. Emissi ons in milestone years which are between analysis years may be determined by interpolation.

F. This criterion is met if the regional VOC and NOx e missions

in ozone nonattainment areas and CO emissions in CO nonattainment areas predicted in the Action scenario are less than the emissions predicted from the Baseline scenario in each analysis year, and if this can reasonably be expect ed to be true in the period between the analysis years. The regio nal analysis
shall show that the Action scenario contributes to a reduction in emissions from the 1990 emissions by any nonzero amount.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1424. Criteria and Procedures: Interim Period Reductions for Ozone and CO Areas (Project ot from a Pl an and TIP) A transportation project shall contribute to emissi ons reductions in ozone and CO nonattainment areas. This criterion ap plies during the interim and transitional periods only, except a s otherwise provided in R18-2-1436. This criterion is satisfied ifa regional emissions analysis is performed which meets the require ments of R18-2- 1422 and which includes the transportation plan andproject in the Action scenario. If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the plan or TIP, the Baseline scenario shall inc lude the project with its original design concept and scope, and the Action scenario shall include the project with its new design conce pt and scope.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1425. Criteria and Procedures: Interim Period Reductions for PM 10 and O 2 Areas (Transportation Plan)

A. A transportation plan shall contribute to emission reductions

or shall not increase emissions in PM 10 and NO 2 nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if the requirements of either subsections (B) or (C) are met.

B. Demonstrate that implementation of the plan and all other regionally significant transportation projects expe cted in the
nonattainment area will contribute to reductions in emissions

of PM 10 in a PM 10nonattainment area, and of each transportation-related precursor of PM 10 in PM 10 nonattainment areas if the EPA Regional Administrator or the Director of A DEQ has made a finding that such precursor emissions from w ithin theArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 159 Supp. 12-1 nonattainment area are a significant contributor to the PM 10 nonattainment problem and has so notified the MPO and USDOT, and of NOx in an NO 2 nonattainment area, by performing a regional emissions analysis as follows: 1. Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than 10 years apart. The first analysis year shall be no la ter than 1996 (for NO 2 areas) or four years and six months following the date of designation (for PM 10 areas). The second analysis year shall be either the attainment ye ar for the area or, if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan’s forecast period s hall also be an analysis year. 2. Define for each of the analysis years the Baselin e scenario, as defined in R18-2-1422(C), and the Action scenario, as defined in R18-2-1422(D). 3. Estimate the emissions predicted to result in eac h analysis year from travel on the transportation systems defi ned by

the Baseline and Action scenarios and determine the difference between the two scenarios in regional PM 10 emissions in a PM 10 nonattainment area (and transportation-related precursors of PM 10 in PM 10 nonattainment areas if the EPA Regional Administrator or the Dire ctor of ADEQ has made a finding that such precursor emis

sions from within the nonattainment area are a sign ificant
contributor to the PM 10 nonattainment problem and has so notified ADOT, the MPO where one exists and USDOT) and in NOx emissions in an NO 2 nonattainment area. The analysis shall be performed for each of the analysis years according to the requirements of R18-2-1 430. The analysis shall address the periods between the analysis years and the periods between 1990, the first m ilestone year if any, and the first of the analysis ye ars. Emissions in milestone years which are between the analysis years may be determined by interpolation. 4. Demonstrate that the regional PM 10 emissions and PM 10 precursor emissions, where applicable, (for PM 10 nonattainment areas) and NOx emissions (for NO 2 nonattainment areas) predicted in the Action scenario are le ss than the emissions predicted from the Baseline scenario in each analysis year, and that this can reasonably be expected to be true in the periods between the firs t milestone year (if any) and the analysis years.

C. Demonstrate that when the projects in the transport ation plan and all other regionally significant transportationprojects expected in the nonattainment area are implemented, the transportation system’s total highway and transit emissi ons of

PM 10 in a PM 10 nonattainment area (and transportationrelated precursors of PM 10in PM 10 nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a finding that such precursor emissions from w ithin the nonattainment area are a significant contributor to the PM 10 nonattainment problem and has so notified the MPO and USDOT) and of NOx in an NO 2 nonattainment area will not be greater than baseline levels, by performing a re gional emissions analysis as follows: 1. Determine the baseline regional emissions of PM 10 and

PM 10 precursors, where applicable (for PM 10 nonattainment areas) and NOx (for NO 2 nonattainment areas) from highway and transit sources. Baseline emissions are those estimated to have occurred during calendar year 199 0, unless the control strategy implementation plan for that area includes a baseline emissions inventory for a different year. 2. Estimate the emissions of the applicable pollutan t or pollutants from the entire transportation system, incl uding projects in the transportation plan and TIP and all other regionally significant transportation projects in the nonattainment area, according to the requirements of R18 -2- 1430. Emissions shall be estimated for analysis years which are no more than 10 years apart. The first an alysis year shall be no later than 1996 (for NO 2 areas) or four years and six months following the date of designat ion (for PM 10 areas). The second analysis year shall be either the attainment year for the area or, if the attainm ent year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan’s forecast period shall also be an analysis year. 3. Demonstrate that for each analysis year the emiss ions estimated in subsection (C)(2) are no greater than baseline emissions of PM 10 and PM 10 precursors, where applicable (for PM 10 nonattainment areas) or NOx (for

NO 2 nonattainment areas) from highway and transit

sources.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1426. Criteria and Procedures: Interim Period Reductions for PM 10 and O 2 Areas (TIP)

A. A TIP shall contribute to emission reductions or sh all not
increase emissions in PM 10 and NO 2 nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects
contained in a new or revised TIP. This criterion m ay be satisfied if the requirements of either subsection (B) o r subsection (C) are met.

B. Demonstrate that implementation of the plan and TIP and all other regionally significant transportation project s expected in

the nonattainment area will contribute to reduction s in emissions of PM 10in a PM 10nonattainment area (and transportation-related precursors of PM 10 in PM 10 nonattainment areas if the EPA Regional Administrator or the Director of A DEQ has made a finding that such precursor emissions from w ithin the nonattainment area are a significant contributor to the PM 10 nonattainment problem and has so notified the MPO and USDOT) and of NOx in an NO 2 nonattainment area, by performing a regional emissions analysis as follows: 1. Determine the analysis years for which emissions are to be estimated, according to the requirements of R18- 2- 1425(B)(1). 2. Define for each of the analysis years the Baselin e scenario, as defined in R18-2-1423(C), and the Action scenario, as defined in R18-2-1423(D). 3. Estimate the emissions predicted to result in eac h analysis year from travel on the transportation systems defi ned by the Baseline and Action scenarios as required by R1 8-2- 1425(B)(3), and make the demonstration required by R18-2-1425(B)(4).

C. Demonstrate that when the projects in the transport ation plan and TIP and all other regionally significant transp ortation projects expected in the area are implemented, the transportation system’s total highway and transit emissions o f PM 10 in a

PM 10 nonattainment area (and transportation-related pre cursors of PM 10in PM 10 nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a fi nding that such precursor emissions from within the nonattainment area are a significant contributor to the PM 10 nonattainment problem and has so notified the MPO and USDOT) and of

NOx in an NO 2 nonattainment area will not be greater thanSupp. 12-1 Page 160 March 31, 2012

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baseline levels, by performing a regional emissions analysis as required by R18-2-1425(C).

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1427. Criteria and Procedures: Interim Period Reductions for PM 10 and O 2 Areas (Project ot from a Plan and TIP) A transportation project which is not from a conforming transportation plan and TIP shall contribute to emission redu ctions or shall
not increase emissions in PM 10 and NO 2 nonattainment areas

. This criterion applies during the interim and transition al periods only. This criterion is met if a regional emissions analy sis is performed which meets the requirements of R18-2-1425 and whic h includes the transportation plan and project in the Action s cenario. If the project which is not from a conforming transportati on plan and TIP is a modification of a project currently in the transportation plan or TIP, and R18-2-1425(B) is used to demonstrate satis faction of this criterion, the Baseline scenario shall include the project with its original design concept and scope, and the Action s cenario shall include the project with its new design concept and scope.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

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

A. For areas which submit a control strategy implement ation plan revision after November 24, 1993: 1. The transportation plan and TIP shall be demonstr ated to conform according to transitional period criteria and procedures by one year from the date the CAA requires submission of such control strategy implementation plan revision. Otherwise, the conformity status of the transportation plan and TIP will lapse, and no new project- level conformity determinations may be made. a. The conformity of new transportation plans and TIPs may be demonstrated according to Phase II interim period criteria and procedures for 90 daysfollowing submission of the control strategy implementation plan revision, provided the conformity of such transportation plans and TIPs is redetermined according to transitional period criteria and proce

dures as required in subsection (A)(1) and such transportation plans and TIPs are consistent with the motor vehicle emissions budget in the applicable implementation plan or any previously submitted control strategy implementation plan revision. b. Beginning 90 days after submission of the controlstrategy implementation plan revision, new transportation plans and TIPs shall demonstrate conformity according to transitional period criteria and procedures. 2. If EPA disapproves the submitted control strategyimplementation plan revision and so notifies the state, the MPO where one exists, and USDOT, which initiates the sanction process under CAA §§ 179 or 110(m), the confor

mity status of the transportation plan and TIP shal l lapse 120 days after EPA’s disapproval, and no new projec tlevel conformity determinations may be made. No new transportation plan, TIP, or project may be found t o conform until another control strategy implementation plan revision is submitted and conformity is demonstrate d according to transitional period criteria and proce dures. 3. Notwithstanding subsection (A)(2), if EPA disappr oves the submitted control strategy implementation plan revision but determines that the control strategy conta ined in the revision would have been considered approvable with respect to requirements for emission reductions if all

committed measures had been submitted in enforceabl e form as required by CAA § 110(a)(2)(A), the provisi ons of subsection (A)(1) shall apply for 12 months foll owing the date of disapproval. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of disapproval unless another control strategy implementation plan revision is submitted to EPA an d found to be complete.

B. For areas which have not submitted a control strate gy implementation plan revision:
1. For areas whose CAA deadline for submission of th e control strategy implementation plan revision is after November 24, 1993, and EPA has notified the state, the MPO where one exists, and USDOT of the state’s fail ure to submit a control strategy implementation plan re vision, which initiates the sanction process under CAA §§ 1 79 or 110(m) all of the following shall apply: a. No new transportation plans or TIPs may be foundto conform beginning 120 days after the CAA deadline. b. The conformity status of the transportation plan and TIP shall lapse one year after the CAA deadline, an d no new project-level conformity determinations may
be made.

2. For areas whose CAA deadline for submission of th e control strategy implementation plan was before Novemb er 24, 1993, and EPA has made a finding of failure to submit a control strategy implementation plan revision, wh ich initiates the sanction process under CAA §§ 179 or 110(m), all of the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator: a. No new transportation plans or TIPs may be found to conform beginning March 24, 1994. b. The conformity status of the transportation plan and TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be
made.

C. For areas which have not submitted a complete control strategy implementation plan revision: 1. For areas where EPA notifies the state, the MPO where one exists, and USDOT after November 24, 1993, that the control strategy implementation plan revision s ubmitted by the state is incomplete, which initiates the sanction process under CAA §§ 179 or 110(m), all of the foll owing apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Admi nistrator: a. No new transportation plans or TIPs may be foundto conform beginning 120 days after EPA’s incompleteness finding. b. The conformity status of the transportation plan and TIP shall lapse one year after the CAA deadline, an d no new project-level conformity determinations may

be made. c. Notwithstanding subsections (C)(1)(a) and (b), if EPA notes in its incompleteness finding that the submittal would have been considered complete with respect to requirements for emission reductions if all
committed measures had been submitted in enforceable form as required by CAA § 110(a)(2)(A), the provisions of subsection (A)(1) shall apply for a period of 12 months following the date of the incom

pleteness determination. The conformity status ofArizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 161 Supp. 12-1

the transportation plan and TIP shall lapse 12 months following the date of the incompleteness determination unless another control strategy imple

mentation plan revision is submitted to EPA and found to be complete.

2. For areas where EPA has determined before Novembe r 24, 1993, that the control strategy implementation plan revision is incomplete, which initiates the sanctio n process under CAA §§ 179 or 110(m), all of the following apply unless the failure has been remedied and ackn owledged by a letter from the EPA Regional Administrat or: a. No new transportation plans or TIPs may be found to conform beginning March 24, 1994. b. The conformity status of the transportation plan and TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be
made. c. Notwithstanding subsections (C)(2)(a) and (b), if EPA notes in its incompleteness finding that the submittal would have been considered complete with respect to requirements for emission reductions if all
committed measures had been submitted in enforceable form as required by CAA § 110(a)(2)(A), the provisions of subsection (D)(1) shall apply for a period of 12 months following the date of the incom

pleteness determination. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of the incompleteness determination unless another control strategy imple

mentation plan revision is submitted to EPA and found to be complete.

D. For areas which submitted a control strategy implem entation plan before November 24, 1993: 1. The transportation plan and TIP shall have been d emonstrated to conform according to transitional periodcriteria and procedures by November 25, 1994. Otherwise, the ir conformity status will lapse, and no new project-le vel conformity determinations may be made. From and aft er February 22, 1994, new transportation plans and TIP s shall demonstrate conformity according to transitio nal period criteria and procedures. 2. If EPA has disapproved the most recent control strategy implementation plan submission, the conformity stat us of the transportation plan and TIP shall lapse March 2 4, 1994, and no new project-level conformity determina

tions may be made. No new transportation plans, TIP s, or projects may be found to conform until another control strategy implementation plan revision is submitted and conformity is demonstrated according to transitiona l period criteria and procedures. 3. Notwithstanding subsection (D)(2), if EPA has dis approved the submitted control strategy implementatio n plan revision but determines that the control strat egy contained in the revision would have been considered approvable with respect to requirements for emissio n reductions if all committed measures had been submi tted in enforceable form as required by CAA § 110(a)(2)( A), the provisions of subsection (D)(1) shall apply unt il November 25, 1994. The conformity status of the transportation plan and TIP shall lapse November 25, 199 4, unless another control strategy implementation planrevision is submitted to EPA and found to be complete.

E. If the currently conforming transportation plan and TIP have not been demonstrated to conform according to trans itional period criteria and procedures, the requirements of subsections (E)(1) and (2) shall be met. 1. Before a FHWA or FTA project which is regionally significant and increases single-occupant vehicle capa city (a new general purpose highway on a new location or ad ding general purpose lanes) may be found to conform, ADEQ shall be consulted on how the emissions which the existing transportation plan and TIP’s conformity d etermination estimates for the Action scenario, as requ ired by R18-2-1422 through R18-2-1427, compare to the motor vehicle emissions budget in the implementation plansubmission or the projected motor vehicle emissions bu dget in the implementation plan under development. 2. In the event of unresolved disputes on such proje ct-level conformity determinations, ADEQ may escalate the is sue to the governor consistent with the procedure in R1 8-2-1405, which applies for ADEQ comments on a conformity determination.

F. Redetermination of conformity of the existing trans portation plan and TIP according to the transitional period c riteria and procedures: 1. The redetermination of the conformity of the exis ting transportation plan and TIP according to transition al period criteria and procedures (as required by subs ections (A)(1) and (D)(1)) does not require new emissions analysis and does not have to satisfy the requirements o f R18- 2-1410 and R18-2-1411 if all of the following are m et: a. The control strategy implementation plan revision submitted to EPA uses the MPO’s modeling of the existing transportation plan and TIP for its projec

tions of motor vehicle emissions. b. The control strategy implementation plan does not include any transportation projects which are not included in the transportation plan and TIP. 2. A redetermination of conformity as described in s ubsection (F)(1) is not considered a conformity determin ation for the purposes of R18-2-1404(E) or R18-2-1404(I) regarding the maximum intervals between conformity determinations. Conformity shall be determined acco rding to all the applicable criteria and procedures o f R18-2- 1409 within three years of the last determination which did not rely on subsection (F)(1).

G. Ozone nonattainment areas: 1. The requirements of subsection (B)(1) apply if a serious
or above ozone nonattainment area has not submitted the implementation plan revisions which CAA §§ 182(c)(2)(A) and 182(c)(2)(B) require to be submitt ed to EPA November 15, 1994, even if the area has submitt ed the implementation plan revision which CAA § 182(b) (1) requires to be submitted to EPA November 15, 1993. 2. The requirements of subsection (B)(1) apply if a moderate ozone nonattainment area which is using photoch emical dispersion modeling to demonstrate the “specifi c annual reductions as necessary to attain” required by CAA § 182(b)(1), and which has permission from EPA to delay submission of such demonstration until Novemb er 15, 1994, does not submit such demonstration by that date. The requirements of subsection (B)(1) apply i n this
case even if the area has submitted the 15% emissio n reduction demonstration required by CAA § 182(b)(1)

. 3. The requirements of subsection (A) apply when the implementation plan revisions required by CAA §§ 182(c)(2)(A) and 182(c)(2)(B) are submitted.

H. Nonattainment areas which are not required to demon strate reasonable further progress and attainment. If an area listed in R18-2-1436 submits a control strategy implementatio n plan revision, the requirements of subsections (A) and ( E) apply. Because the areas listed in R18-2-1436 are not requ ired toSupp. 12-1 Page 162 March 31, 2012

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demonstrate reasonable further progress and attainm ent and therefore have no CAA deadline, the provisions of s ubsection (B) do not apply to these areas at any time.

I. If a control strategy implementation plan revision is not submitted to EPA but a maintenance plan required by CAA § 175A is submitted to EPA, the requirements of subse ction (A) or (D) apply, with the maintenance plan submission treated as a “control strategy implementation plan revision” for the purposes of those requirements.

J. This Section does not become effective until June 1 , 1996.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

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

A. This Section shall not apply to any of the followin g: 1. A transportation project that is a street with a lower classification than a collector street, as specified in the most recent federal classification map for the region. 2. An exempt project listed in R18-2-1434.

B. No recipient of federal funds designated under 23 U .S.C. or the Federal Transit Act shall adopt or approve a tr ansportation project, regardless of funding source, without firs t determining whether the transportation project is regionally si gnificant. In making this determination, the recipient shall not take any action that is inconsistent with the procedures dev eloped by ADOT or the MPO pursuant to R18-2-1405(R).

C. No recipient of federal funds designated under 23 U .S.C. or the Federal Transit Act shall adopt or approve a re gionally significant highway or transit project, regardless of funding source, unless both of the following apply: 1. There is a currently conforming transportation pl an and TIP consistent with the requirements of R18-2-1414. 2. The requirements of one of the following are met:a. The project comes from a conforming plan and program consistent with the requirements of R18-2-

1415. b. The project is included in the regional emissions analysis supporting the currently conforming TIP’s conformity determination, even if the project is no t strictly “included” in the TIP for the purposes of MPO project selection or endorsement, and the project’s design concept and scope have not changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility. c. During the control strategy or maintenance period

, the project is consistent with the motor vehicle em issions budget in the applicable implementation plan consistent with the requirements of R18-2-1420. d. During Phase II of the interim period, the projec t contributes to emissions reductions or does not increase emissions consistent with the requirements of R18-2-1424 (in ozone and CO nonattainment areas) or R18-2-1427 (in PM 10 and NO 2 nonattainment areas). e. During the transitional period, the project satis fies the requirements of both subsections (1)(2)(c) and (d).

D. Pursuant to the consultation process established in R18-2- 1405(O), ADOT or the MPO where one exists shall, no t later than September 1, 1995, develop and make available the procedures to be used by any recipient of federal fund s designated under 23 U.S.C. or the Federal Transit Act to comply with subsections (B) and (C). These procedures may be revis ed periodically, as needed, using the same consultation proc ess. At a minimum, such procedures shall provide for the foll owing: 1. The minimum information required by the recipient to make determinations in compliance with subsections (B) and (C); 2. The time-frames for action to be taken by the rec ipient; 3. For transportation projects determined to be regi onally significant, the documentation necessary to demonstrate that the requirements of 23 CFR 450.324(e), (g), an d (h)
have been met.

E. After a transportation project is adopted or approv ed, no subsequent act defined as adoption or approval under this Section or under procedures developed to implement this Sec tion shall be subject to subsection (B) or (C), unless project ’s design concept or scope have changed significantly since t he project was first adopted or approved.

F. A regionally significant transportation project fou nd to be in conformity, either as a result of a TIP or a separate project analysis, shall retain such conformity finding, irr espective of subsequent analysis, unless the project fails to me et the conditions of its approval or undergoes a significant ch ange in scope. In any event, a conformity determination sha ll lapse after three years in the absence of a redeterminati on; except that a project undergoing NEPA approval shall retai n its conformity determination, unless none of the following major steps has occurred within the most recent three-year period: 1. NEPA process completion; 2. Start of final design; 3. Acquisition of a significant portion of the right -of-way; 4. Approval of the plans, specifications, and estimates.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1430. Procedures for Determining Regional Tran sportation-related Emissions

A. The following are general requirements for determin ing regional transportation-related emissions: 1. The regional emissions analysis for the transport ation plan, TIP, or project not from a conforming plan an d TIP shall include all regionally significant transportation projects expected in the nonattainment or maintenan ce area, including FHWA or FTA projects proposed in th e transportation plan and TIP and all other regionally significant transportation projects which are disclose d to ADOT or the MPO as required by R18-2-1405. Projects which are not regionally significant are not requir ed to be explicitly modeled, but VMT from such projects shal l be estimated in accordance with reasonable professiona l practice. The effects of TCMs and similar projects that are not regionally significant may also be estimate d in accordance with reasonable professional practice. 2. The emissions analysis may not include for emissi ons reduction credit any TCMs which have been delayed beyond the scheduled date until such time as implem entation has been assured. If the TCM has been partially implemented and it can be demonstrated that it is p roviding quantifiable emission reduction benefits, the e missions analysis may include that emissions reduction
credit. 3. Emissions reduction credit from projects, program s, or activities which require a regulation in order to b e implemented may not be included in the emissions analysi s unless the regulation is already adopted by the enf orcing jurisdiction. Adopted regulations are required for demand management strategies for reducing emissions which are not specifically identified in the applicable imple menta-Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 163 Supp. 12-1 tion plan, and for control programs which are exter nal to the transportation system itself, such as tailpipe or evaporative emission standards, limits on gasoline volat ility, inspection and maintenance programs, and oxygenatedor reformulated gasoline or diesel fuel. A regulatory program may also be considered to be adopted if an opt -in to a federally enforced program has been approved by E PA, if EPA has promulgated the program (if the control program is a federal responsibility, such as tailpipe standards), or if the CAA requires the program without need for individual state action and without any discretionary authority for EPA to set its stringency, delay its effective date, or not implement the program. 4. Notwithstanding subsection (A)(3), during the tra nsitional period, control measures or programs which a re committed to in an implementation plan submission a s described in R18-2-1418 through R18-2-1420, but whi ch

has not received final EPA action in the form of a finding of incompleteness, approval, or disapproval, may be assumed for emission reduction credit for the purpo se of demonstrating that the requirements of R18-2-1418 through R18-2-1420 are satisfied. 5. A regional emissions analysis for the purpose of satisfying the requirements of R18-2-1422 through R18-2-14 24 may account for the programs in subsection (A)(4), but the same assumptions about these programs shall be used

for both the Baseline and Action scenarios. 6. Ambient temperatures shall be consistent with tho se used to establish the emissions budget in the applicable implementation plan. Factors other than temperatures, fo r example the fraction of travel in a hot stabilized engine mode, may be modified after interagency consultatio n according to R18-2-1405 if the newer estimates inco rporate additional or more geographically specific information or represent a logically estimated trend in su ch factors beyond the period considered in the applica ble implementation plan.

B. For serious, severe, and extreme ozone nonattainmen t areas and serious carbon monoxide areas after January 1, 1995, estimates of regional transportation-related emissions used to support conformity determinations shall be made accord ing to procedures which meet the requirements in subsectio ns (B)(1) through (5). 1. A network-based transportation demand model or mo dels relating travel demand and transportation system pe rformance to land-use patterns, population demographics

, employment, transportation infrastructure, and tran sportation policies shall be used to estimate travel wi thin the metropolitan planning area of the nonattainment are a. Such a model shall possess all of the following attributes:a. The modeling methods and the functional relationships used in the model shall in all respects be in accordance with acceptable professional practice and reasonable for purposes of emission estimation. b. The network-based model shall be validated agains t ground counts for a base year that is not more than 10 years prior to the date of the conformity determ ination. Land use, population, and other inputs shal l
be based on the best available information and appropriate to the validation base year. c. For peak-hour or peak-period traffic assignments, a capacity sensitive assignment methodology shall be

used. d. Zone-to-zone travel times used to distribute trip s between origin and destination pairs shall be in re asonable agreement with the travel times which resul t from the process of assignment of trips to network links. Where use of transit currently is anticipate d to be a significant factor in satisfying transportatio ndemand, these times should also be used for modeling mode splits. e. Free-flow speeds on network links shall be based on empirical observations. f. Peak and off-peak travel demand and travel times shall be provided. g. Trip distribution and mode choice shall be sensitive to pricing, where pricing is a significant factor, if the network model is capable of such determinations and the necessary information is available. h. The model shall utilize and document a logical co rrespondence between the assumed scenario of land development and use and the future transportation system for which emissions are being estimated.Reliance on a formal land-use model is not specifically required but is encouraged. i. A dependence of trip generation on the accessibil ity of destinations via the transportation system, incl uding pricing, is strongly encouraged but not specifi

cally required, unless the network model is capableof such determinations and the necessary information is available. j. A dependence of regional economic and population growth on the accessibility of destinations via the transportation system is strongly encouraged but no t specifically required, unless the network model is capable of such determinations and the necessary
information is available.
k. Consideration of emissions increases from constru ction-related congestion is not specifically require d. 2. Highway Performance Monitoring System (HPMS) esti

mates of vehicle miles traveled shall be considered the primary measure of vehicle miles traveled within th e portion of the nonattainment or maintenance area and f or the functional classes of roadways included in HPMS, fo r urban areas which are sampled on a separate urban area basis. A factor or factors shall be developed to re concile
and calibrate the network-based model estimates of vehicle miles traveled in the base year of its validati on to the HPMS estimates for the same period, and these facto rs shall be applied to model estimates of future vehic le miles traveled. In this factoring process, consider ation will be given to differences in the facility covera ge of the HPMS and the modeled network description. Departure from these procedures is permitted with the concurr ence of USDOT and EPA.
3. Reasonable methods shall be used to estimate nonattainment area vehicle travel on off-network roadways wi thin the urban transportation planning area and on roadw ays outside the urban transportation planning area. 4. Reasonable methods in accordance with good practi ce shall be used to estimate traffic speeds and delays in a
manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network
model.

C. For areas which are not serious, severe, or extreme ozone nonattainment areas or serious carbon monoxide areas, or before January 1, 1995: 1. Procedures which satisfy some or all of the requi rements of subsection (A) shall be used in all areas not su bject to subsection (A) in which those procedures have been the previous practice of the MPO.Supp. 12-1 Page 164 March 31, 2012

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2. Regional emissions may be estimated by methods wh ich do not explicitly or comprehensively account for th e influence of land use and transportation infrastruc ture on vehicle miles traveled and traffic speeds and conge stion. Such methods shall account for VMT growth by extrap olating historical VMT or projecting future VMT by c onsidering growth in population and historical growth trends for vehicle miles travelled per person. Thes e methods shall also consider future economic activity, t ransit alternatives, and transportation system policies.

D. This subsection applies to any nonattainment or mai ntenance area or any portion thereof which does not have a m etropolitan transportation plan or TIP and whose projects are n ot part of the emissions analysis of any MPO’s metropolitan tr ansportation plan or TIP (because the nonattainment or maintenance area or portion thereof does not contain a metropol itan planning area or portion of a metropolitan planning are a and is not part of a Metropolitan Statistical Area or Consolid ated Metropolitan Statistical Area which is or contains a non attainment or maintenance area). 1. Conformity demonstrations for projects in these areas may satisfy the requirements of R18-2-1420, R18-2- 1424, and R18-2-1427 with one regional emissions an alysis which includes all the regionally significant transportation projects in the nonattainment or maintenance area or portion thereof. 2. The requirements of R18-2-1420 shall be satisfied according to the procedures in R18-2-1420(C), with references to the “transportation plan” taken to mean the statewide transportation plan. 3. The requirements of R18-2-1424 and R18-2-1427 whi ch reference “transportation plan” or “TIP” shall be t aken to mean those projects in the statewide transportationplan
or statewide TIP which are in the nonattainment or maintenance area or portion thereof. 4. The requirement of R18-2-1429(A)(2) shall be sati sfied if all of the following are met: a. The project is included in the regional emissions analysis which includes all regionally significant highway and transportation projects in the nonattai nment or maintenance area or portion thereof and supports the most recent conformity determination made according to the requirements of R18-2-1420,R18-2-1424 or R18-2-1427 (as modified by subsections (D)(2) and (D)(3)), as appropriate for the ti me period and pollutant. b. The project’s design concept and scope have not changed significantly from those which were included in the regional emissions analysis or in a manner which would significantly impact use of the facility.

E. For areas in which the implementation plan does not identify construction-related fugitive PM 10 as a contributor to the nonattainment problem, the fugitive PM 10 emissions associated with highway and transit project construction are n ot required to be considered in the regional emissions analysis

. F. In PM 10 nonattainment and maintenance areas with implementation plans which identify construction-related fugitive

PM 10 as a contributor to the nonattainment problem, the regional PM 10 emissions analysis shall consider constructionrelated fugitive PM 10 and shall account for the level of construction activity, the fugitive PM 10 control measures in the applicable implementation plan, and the dust-produc ing capacity of the proposed activities.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2). R18-2-1431. Procedures for Determining Localized CO and

PM 10 Concentrations (Hot-spot Analysis)

A. In the following cases, CO hot-spot analyses shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR 51 Appendix W (“Gu ideline on Air Quality Models (Revised)” (1988), supplement(A) (1987) and supplement (B) (1993), EPA publication n o. 450/2- 78-027R, incorporated by reference and on file with the Department and with the Secretary of State), unless , after the interagency consultation process described in R18-2 -1405 and with the approval of the EPA Regional Administrator, these models, data bases, and other requirements are dete rmined to be inappropriate: 1. For projects in or affecting locations, areas, or categories of sites which are identified in the applicable imp lementation plan as sites of current violation or possib le current violation; 2. For those intersections at Level-of-Service D, E, or F, or those that will change to Level-of-Service D, E, or F
because of increased traffic volumes related to a n ew project in the vicinity; 3. For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the highest traffic volum es; 4. For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the worst Level-of-Servic e; 5. Where use of the “Guideline” models is practicabl e and reasonable given the potential for violations.

B. In cases other than those described in subsection ( A), other quantitative methods may be used if they represent reasonable and common professional practice.

C. CO hot-spot analyses shall include the entire proje ct and may be performed only after the major design features which will significantly impact CO concentrations have been id entified. The background concentration may be estimated using the ratio of future to current traffic multiplied by th e ratio of future
to current emission factors.

D. PM 10 hot-spot analysis shall be performed for projects which

are located at sites at which violations have been verified by monitoring, and at sites which have essentially ide ntical vehicle and roadway emission and dispersion characteris tics (including sites near one at which a violation has been monitored). The projects which require PM 10 hot-spot analysis shall be determined through the interagency consult ation process required in R18-2-1405. In PM 10 nonattainment and maintenance areas, new or expanded bus and rail terminals and transfer points which increase the number of di esel vehicles congregating at a single location require hot- spot analysis. USDOT may choose to make a categorical conformity determination on bus and rail terminals or transfer poin ts based on appropriate modeling of various terminal sizes, con figurations, and activity levels. The requirements of this subse ction for quantitative hot-spot analysis will not take effect until EPA releases modeling guidance on this subject and anno unces in the Federal Register that these requirements are ineffect.

E. Hot-spot analysis assumptions shall be consistent w ith those in the regional emissions analysis for those inputs wh ich are required for both analyses.

F. PM 10 or CO mitigation or control measures shall be assumed in the hot-spot analysis only where there are enfor ceable written commitments from the project sponsor or operato r to the implementation of such measures, as required by R18 -2- 1433(A).Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 165 Supp. 12-1 G. CO and PM 10 hot-spot analyses are not required to consider construction-related activities which cause temporary increases in emissions. Each site which is affectedby construction-related activities shall be considered se parately, using established “Guideline” methods. Temporary in creases are defined as those which occur only during the co nstruction phase and last five years or less at any individual site.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1432. Using the Motor Vehicle Emissions Budgetin the Applicable Implementation Plan or Implementation Pl an Submission

A. In interpreting an applicable implementation plan o r implementation plan submission with respect to its motor vehicle emissions budget, ADOT or the MPO where one exists and USDOT may not infer additions to the budget that ar e not explicitly intended by the implementation plan or s ubmission. Unless the implementation plan explicitly quantifie s the amount by which motor vehicle emissions could be hi gher while still allowing a demonstration of compliance with the milestone, attainment, or maintenance requirement and explicitly states an intent that some or all of this addi tional amount

should be available to ADOT or the MPO and USDOT in the emission budget for conformity purposes, ADOT or th e MPO may not interpret the budget to be higher than the implementation plan’s estimate of future emissions. This appl ies in particular to applicable implementation plans or submissi ons which demonstrate that after implementation of control me asures in the implementation plan any of the following apply:
1. Emissions from all sources will be less than the total emissions that would be consistent with a required demonstration of an emissions reduction milestone.
2. Emissions from all sources will result in achievi ng attainment prior to the attainment deadline or ambient co ncentrations in the attainment deadline year will be lo wer than
needed to demonstrate attainment. 3. Emissions will be lower than needed to provide fo r continued maintenance.

B. If an applicable implementation plan submitted befo re November 24, 1993, demonstrates that emissions fromall

sources will be less than the total emissions that would be consistent with attainment and quantifies that “safetymargin,” the state may submit a SIP revision which assigns some or all of this safety margin to highway and transit mobile so urces for the purposes of conformity. Such a SIP revision, on ce it is endorsed by the governor and has been subject to a public hearing, may be used for the purposes of transportation conformity before it is approved by EPA.

C. A conformity demonstration shall not trade emission s among budgets which the applicable implementation plan orimplementation plan submission allocates for different p ollutants or precursors, or among budgets allocated to motor veh icles and other sources, without a SIP revision or a SIP whic h establishes mechanisms for such trades.

D. If the applicable implementation plan or implementa tion plan submission estimates future emissions by geographic subarea of the nonattainment area, ADOT or the MPO where on e exists and USDOT are not required to consider this to establish subarea budgets, unless the applicable implementati on plan or implementation plan submission explicitly indicates an intent to create such subarea budgets for the purposes of conformity.

E. If a nonattainment area includes more than one MPO, the SIP may establish motor vehicle emissions budgets for e ach MPO. Otherwise, the MPOs shall collectively make a confo rmity

determination for the entire nonattainment area. Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1433. Enforceability of Design Concept and Sco pe and Project-level Mitigation and Control Measures

A. Prior to determining that a transportation project is in conformity, ADOT, the MPO where one exists, other recipie nt of funds designated under 23 U.S.C. or the Federal Tra nsit Act, FHWA, or FTA shall obtain from the project sponsor or operator enforceable written commitments to implement inthe construction of the project and operation of the resul ting facility or service any project-level mitigation or control mea sures which are identified as conditions for NEPA process compl etion with respect to local PM 10 or CO impacts. Before making conformity determinations enforceable written commitments shall also be obtained for project-level mitigation or co ntrol measures which are conditions for making conformity de terminations for a transportation plan or TIP and includedin the project design concept and scope which is used in t he regional emissions analysis required by R18-2-1418 through R 18-2- 1420 and R18-2-1422 through R18-2-1424 or used in the project-level hot-spot analysis required by R18-2-1 416 and

R18-2-1421.

B. Project sponsors voluntarily committing to mitigati on measures to facilitate positive conformity determinati ons shall provide enforceable written commitments and comply with the obligations of such commitments.

C. Enforceable written commitments to mitigation or co ntrol measures shall be obtained prior to a positive conf ormity determination, and that project sponsors shall comp ly with
such commitments.

D. During the control strategy and maintenance periods , if ADOT, the MPO, or project sponsor believes the miti gation or control measure is no longer necessary for conformi ty, the project sponsor or operator may be relieved of its obligation to implement the mitigation or control measure if it c an demonstrate that the requirements of R18-2-1416, R18-2-1 418, and R18-2-1419 are satisfied without the mitigation or control measure and so notifies the agencies involved in th e interagency consultation process required under R18-2-14 05.
ADOT or the MPO where one exists and USDOT shall co nfirm that the transportation plan and TIP still sat isfy the requirements of R18-2-1418 and R18-2-1419 and that the project still satisfies the requirements of R18-2-1 416, and therefore that the conformity determinations for th e transportation plan, TIP, and project are still valid.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1434. Exempt Projects Notwithstanding the other requirements of this subp art, highway and transit projects of the types listed in Table 2 are exempt from the requirement that a conformity determination be made. Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. A particu lar action of the type listed in Table 2 is not exempt if ADOT or the MPO where one exists in consultation with other agencies pursuant to R18-2-1405, the EPA, and the FHWA (in the case of a highway pro ject) or the FTA (in the case of a transit project) concur that it has potentially adverse emissions impacts for any reason. States an d MPOs shall ensure that exempt projects do not interfere with T CM implementation.

Table 2 Exempt Projects

SAFETY 1. Railroad or highway crossing. 2. Hazard elimination program.Supp. 12-1 Page 166 March 31, 2012

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3. Safer non-federal-aid system roads. 4. Shoulder improvements. 5. Increasing sight distance. 6. Safety improvement program. 7. Traffic control devices and operating assistance other than signalization projects. 8. Railroad or highway crossing warning devices. 9. Guardrails, median barriers, crash cushions. 10. Pavement resurfacing or rehabilitation. 11. Pavement marking demonstration. 12. Emergency relief (23 U.S.C. 125). 13. Fencing.
14. Skid treatments. 15. Safety roadside rest areas. 16. Adding medians. 17. Truck climbing lanes outside the urbanized area. 18. Lighting improvements. 19. Widening narrow pavements or reconstructing brid ges (no additional travel lanes). 20. Emergency truck pullovers.

MASS TRASIT 1. Operating assistance to transit agencies. 2. Purchase of support vehicles. 3. Rehabilitation of transit vehicles. (In PM 10 nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan.) 4. Purchase of office, shop, and operating equipment for existing
facilities. 5. Purchase of operating equipment for vehicles (e.g ., radios, fareboxes, lifts, etc.). 6. Construction or renovation of power, signal, and communications systems. 7. Construction of small passenger shelters and info rmation
kiosks. 8. Reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and mai ntenance facilities, stations, terminals, and ancillary structure s).

9. Rehabilitation or reconstruction of track structu res, track, and trackbed in existing rights-of-way. 10. Purchase of new buses and rail cars to replace e xisting vehicles or for minor expansions of the fleet. (In PM 10 nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan.) 11. Construction of new bus or rail storage or maint enance facilities categorically excluded in 23 CFR 771.

AIR QUALITY 1. Continuation of ride-sharing and van-pooling prom otion activities at current levels. 2. Bicycle and pedestrian facilities.

OTHER 1. Specific activities which do not involve or lead directly to construction, such as: a. Planning and technical studies. b. Grants for training and research programs. c. Planning activities conducted pursuant to Titles 23 and 49

U.S.C. d. Federal-aid systems revisions. 2. Engineering to assess social, economic and enviro nmental effects of the proposed action or alternatives to that action.
3. Noise attenuation. 4. Advance land acquisitions (23 CFR 712 or 23 CFR 7 71). 5. Acquisition of scenic easements. 6. Plantings, landscaping, etc. 7. Sign removal. 8. Directional and informational signs. 9. Transportation enhancement activities (except reh abilitation and operation of historic transportation buildings, structures, or facilities). 10. Repair of damage caused by natural disasters, ci vil unrest, or terrorist acts, except projects involving substanti al functional, locational or capacity changes.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1435. Projects Exempt from Regional Emissions Analyses Notwithstanding the other requirements of this subp art, highway and transit projects of the types listed in Table 3 are exempt from regional emissions analysis requirements. The local effects of these projects with respect to CO or PM 10concentrations shall be considered to determine if a hot-spot analysis is require d prior to making a project-level conformity determination. These proje cts may then proceed to the project development process even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 3 is not exempt from regional emissions analysis if the MPO in consultation with other agencies pursuant to R18- 2-1405, the EPA, and the FHWA (in the case of a hig hway project) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason.

Table 3 Projects Exempt From Regional Emissions Analyses 1. Intersection channelization projects. 2. Intersection signalization projects at individual intersections. 3. Interchange reconfiguration projects. 4. Changes in vertical and horizontal alignment. 5. Truck size and weight inspection stations. 6. Bus terminals and transfer points.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1436. Special Provisions for onattainment Are as Which are ot Required to Demonstrate Reasonable Fu rther Progress and Attainment

A. This Section applies in the following areas: 1. Rural transport ozone nonattainment areas, 2. Marginal ozone areas, 3. Submarginal ozone areas, 4. Transitional ozone areas, 5. Incomplete data ozone areas, 6. Moderate CO areas with a design value of 12.7 ppmor less,
7. Not classified CO areas.

B. The criteria and procedures in R18-2-1422 through R 18-2- 1424 will remain in effect throughout the control s trategy period for transportation plans, TIPs, and projects (not from a conforming plan and TIP) in lieu of the procedures in R18-2- 1418 through R18-2-1420, except as otherwise provid ed in subsection (C).

C. The state or MPO may voluntarily develop an attainm ent demonstration and corresponding motor vehicle emission s budget like those required in areas with higher nonattainm ent classifications. In this case, the state shall submit an im plementation plan revision which contains that budget and attainment demonstration. Once EPA has approved this implementati on plan revision, the procedures in R18-2-1418 through R18- 2-1420 apply in lieu of the procedures in R18-2-1422 throu gh R18-2-

1424.

Historical ote Adopted effective June 15, 1995 (Supp. 95-2).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 167 Supp. 12-1 R18-2-1437. Reserved

R18-2-1438. General Conformity for Federal Actions The following subparts of 40 CFR 93, Determining Co nformity of Federal Actions to State or Federal Implementation Plans, and all accompanying appendices, adopted as of July 1, 1994 , and no future editions, are incorporated by reference. The se standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. Subpart B - Determining Conformity of General Feder al Actions to State or Federal Implementation Plans (5 8 FR 63253, November 30, 1993).

Historical ote Adopted effective January 31, 1995 (Supp. 95-1).

ARTICLE 15. FOREST AD RAGE MAAGEMET

BURS

R18-2-1501. Definitions
In addition to the definitions contained in A.R.S. § 49-501 and R18- 2-101, in this Article: 1. “Activity fuels” means those fuels created by hum an activities such as thinning or logging. 2. “ADEQ” means the Department of Environmental Qual

ity. 3. “Annual emissions goal” means the annual establis hment in cooperation with the F/SLMs, under R18-2-1503(G)

, of a planned quantifiable value of emissions reduct ion from prescribed fires and fuels management activiti es. 4. “Burn plan” means the ADEQ form that includes information on the conditions under which a burn will oc cur with details of the burn and smoke management presc riptions. 5. “Burn prescription” means, with regard to a burn project, the pre-determined area, fuel, and weather conditio ns required to attain planned resource management obje ctives. 6. “Burn project” means an active or planned prescri bed burn, including a wildland fire use incident. 7. “Duff” means forest floor material consisting of decomposing needles and other natural materials. 8. “Emission reduction techniques (ERT)” means metho ds for controlling emissions from prescribed fires to minimize the amount of emission output per unit of area
burned. 9. “Federal land manager (FLM)” means any department

, agency, or agent of the federal government, includi ng the following: a. United States Forest Service, b. United States Fish and Wildlife Service, c. National Park Service, d. Bureau of Land Management, e. Bureau of Reclamation, f. Department of Defense, g. Bureau of Indian Affairs, and
h. Natural Resources Conservation Service. 10. “F/SLM” means a federal land manager or a state land

manager. 11. “Local fire management officer” means a person d esignated by a F/SLM as responsible for fire management in a

local district or area. 12. “Mop-up” means the act of extinguishing or remov ing burning material from a prescribed fire to reduce s moke impacts. 13. “National Wildfire Coordinating Group” means the national inter-agency group of federal and state land managers that shares similar wildfire suppression prog rams and has established standardized inter-agency train ing courses and qualifications for fire management posi tions. 14. “Non-burning alternatives to fire” means techniq ues that replace fire for at least five years as a means to treat activity fuels created to achieve a particular land mana gement objective (e.g., reduction of fuel-loading, manipul ation of fuels, enhancement of wildlife habitat, and ecosyst em restoration). These alternatives are not used in co njunction with fire. Techniques used in conjunction withfire are referred to as emission reduction techniques (E RTs). 15. “Planned resource management objectives” means p ublic interest goals in support of land management agency objectives including silviculture, wildlife habitatmanagement, grazing enhancement, fire hazard reduction, w ilderness management, cultural scene maintenance, wee d abatement, watershed rehabilitation, vegetative man ipulation, and disease and pest prevention. 16. “Prescribed burning” means the controlled applic ation of
fire to wildland fuels that are in either a natural or modified state, under certain burn and smoke management prescription conditions that have been specified bythe land manager in charge of or assisting the burn, to attain planned resource management objectives. Prescribed burning does not include a fire set or permitted bya public officer to provide instruction in fire fighting methods, or construction or residential burning under R18-2- 602. 17. “Prescribed fire manager” means a person designa ted by a F/SLM as responsible for prescribed burning for t hat land manager. 18. “Smoke management prescription” means the predet ermined meteorological conditions that affect smoke transport and dispersion under which a burn could occur without adversely affecting public health and welfare. 19. “Smoke management techniques (SMT)” means manage

ment and dispersion practices used during a prescri bed

burn or wildland fire use incident which affect the direction, duration, height, or density of smoke. 20. “Smoke management unit” means any of the geograp hic areas defined by ADEQ whose area is based on primar y watershed boundaries and whose outline is determine d by diurnal windflow patterns that allow smoke to follo w predictable drainage patterns. A map of the state divi ded into the smoke management units is on file with ADEQ. 21. “State land manager (SLM)” means any department, agency, or political subdivision of the state gover nment including the following: a. State Land Department, b. Department of Transportation, c. Department of Game and Fish, and d. Parks Department. 22. “Wildfire” means an unplanned wildland fire subj ect to appropriate control measures. Wildfires include tho se incidents where suppression may be limited for safe ty, economic, or resource concerns.
23. “Wildland fire use” means a wildland fire that i s ignited by natural causes, such as lightning, and is manage d using the same controls and for the same planned resource management objectives as prescribed burnin g.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1502. Applicability

A. A F/SLM that is conducting or assisting a prescribe d burn shall follow the requirements of this Article.Supp. 12-1 Page 168 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

B. A private or municipal burner with whom ADEQ has entered into a memorandum of agreement shall follow the requirements of this Article.

C. The provisions of this Article apply to all areas o f the state except Indian Trust lands. All federally managed lands and all state lands, parks, and forests are under the juris diction of ADEQ in matters relating to air pollution from pres cribed burning.

D. Notwithstanding subsection (C), ADEQ and any Indiantribe may enter into a memorandum of agreement to impleme nt this
Article.

E. ADEQ and any private or municipal prescribed burner may enter into a memorandum of agreement to implement this Article.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1503. Annual Registration, Program Evaluation and Planning

A. Each F/SLM shall register annually with ADEQ on a form prescribed by ADEQ, all planned burn projects, includi ng areas planned for wildland fire use.

B. Each planned year extends from January 1 of the reg istration year to December 31 of the same year. Each F/SLM sh all use best efforts to register before December 31 and no later than January 31 of each year.

C. A F/SLM shall include the following information on the registration form: 1. The F/SLM’s name, address, and business telephone number; 2. The name, address, and business telephone number of an air quality representative who will provide technic al support to ADEQ for decisions regarding prescribed bur ning. The same air quality representative may be selected by more than one F/SLM; 3. All prescribed burn projects and potential wildland fire use areas planned for the next year; 4. Maximum project and annual acres to be burned, ma ximum daily acres to be burned, fuel types within pro ject area, and planned use of emission reduction techniq ues to support the annual emissions goal for each prescrib ed burn project; 5. Planned use of any smoke management techniques fo r each prescribed burn project; 6. Maximum project and annual acres projected to be burned, maximum daily acres projected to be burned, and a map of the anticipated project area, fuel types and loading within the planned area for an area the F/SLM anticipates for wildland fire use; 7. A list of all burn projects that were completed d uring the previous year; 8. Project area for treatment, treatment type, fuel types to be treated, and activity fuel loading to support the annual emissions goal for areas to be treated using non-burning alternatives to fire; and 9. The area treated using non-burning alternatives t o fire during the previous year including the number of ac res, the specific types of alternatives utilized, and th e location
of these areas.

D. After consultation with the F/SLM, ADEQ may requestadditional information for registration of prescribed b urns and wildland fire use to support regional coordination of smoke management, annual emission goal setting using ERTs , and non-burning alternatives to fire. E. A F/SLM may amend a registration at any time with a written submission to ADEQ.

F. ADEQ accepts a facsimile or other electronic method as a means of complying with the deadline for registrati on. If an electronic means is used, the F/SLM shall deliver the original paper registration form to ADEQ for its records. AD EQ shall acknowledge in writing the receipt of each registration.

G. ADEQ shall hold a meeting after January 31 and befo re April 1 of each year between ADEQ and F/SLMs to evaluate the program and cooperatively establish the annual emis sion goal. The annual emission goal shall be developed to mini mize prescribed fire emissions to the maximum extent feasib le using emission reduction techniques and alternatives to b urning subject to economic, technical, and safety feasibilitycriteria, and consistent with land management objectives.

H. At least once every five years, ADEQ shall request long-term projections of future prescribed fire and wildland fire use activity from the F/SLMs to support planning for vi sibility impairment and assessment of other air quality conc erns by ADEQ.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1504. Prescribed Burn Plan Each F/SLM planning a prescribed burn shall complet e and submit to ADEQ the “Burn Plan” form supplied by ADEQ no later than 14 days before the date on which the F/SLM requests pe rmission to burn. ADEQ shall consider the information supplied on the Burn Plan Form as binding conditions under which the burn shall be conducted. A Burn Plan shall be maintained by ADEQ until notification from the F/SLM of the completion of the burn p roject. Revisions to the Burn Plan for a burn project shall be submitted in writing no later than 14 days before the date on wh ich the F/SLM requests permission to burn. To facilitate the Dail y Burn authorization process under R18-2-1505, the F/SLM shall incl ude on the
Burn Plan form: 1. An emergency telephone number that is answered 24 hours a day, seven days a week; 2. Burn prescription; 3. Smoke management prescription; 4. The number of acres to be burned, the quantity an d type of fuel, type of burn, and the ignition technique t o be used; 5. The land management objective or purpose for the burn such as restoration or maintenance of ecological function and indicators of fire resiliency; 6. A map depicting the potential impact of the smoke unless waived either orally or in writing by ADEQ. The pot ential impact shall be determined by mapping both the daytime and nighttime smoke path and down-drainage flo w for 15 miles from the burn site, with smoke-sensiti ve areas delineated. The map shall use the appropriate scale to show the impacts of the smoke adequately; 7. Modeling of smoke impacts unless waived either or ally or in writing by ADEQ, for burns greater than 250 a cres per day, or greater than 50 acres per day if the bu rn is within 15 miles of a Class I Area, an area that is nonattainment for particulates, a carbon monoxide nonattainment area, or other smoke-sensitive area. In consultation with the F/SLM, ADEQ shall provide guideline s on modeling; 8. The name of the official submitting the Burn Planon behalf of the F/SLM; andArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 169 Supp. 12-1 9. After consultation with the F/SLM, any other info rmation to support the Burn Plan needed by ADEQ to assist i n the Daily Burn authorization process for smoke manageme nt purposes or assessment of contribution to visibilit y impairment of Class I areas.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1505. Prescribed Burn Requests and Authorizati on A. Each F/SLM planning a prescribed burn, shall comple te and submit to ADEQ the “Daily Burn Request” form suppli ed by ADEQ. The Daily Burn Request form shall include: 1. The contact information of the F/SLM conducting the burn; 2. Each day of the burn; 3. The area to be burned on the day for which the Bu rn Request is submitted, with reference to the Burn Pl an, including size, legal location to the section, and latitude and longitude to the minute; 4. Projected smoke impacts; and 5. Any local conditions or circumstances known to th e F/ SLM that, if conveyed to ADEQ, could impact the Dai ly Burn authorization process.

B. After consultation with the F/SLM, ADEQ may requestadditional information related to the burn, meteorologi cal, smoke dispersion, or air quality conditions to supplement the Daily Burn Request form and to aid in the Daily Burn auth orization

process. C. The F/SLM shall submit the Daily Burn Request form to ADEQ as expeditiously as practicable, but no later than 2:00 p.m. of the business day preceding the burn. An ori ginal form, a facsimile, or an electronic information transfer are acceptable submittals.

D. An F/SLM shall not ignite a prescribed burn without receiving the approval of ADEQ, as follows: 1. ADEQ shall approve, approve with conditions, or d isapprove a burn on the same business day as the Burn Request submittal. 2. If ADEQ fails to address a Burn Request by 10:00 p.m. of the business day on which the request is submitted, the Burn Request is approved by default after the burne r makes a good faith effort to contact ADEQ to confirm that the Burn Request was received. 3. ADEQ may communicate its decision by verbal, written, or electronic means. ADEQ shall provide a written o r electronic reply if requested by the F/SLM.

E. If weather conditions cease to conform to those in the smoke management prescription of either the Burn Plan or an Approval with Conditions, the F/SLM shall take appr opriate action to reduce further smoke impacts, ensure safe and appropriate fire control, and notify the public when nec essary. After consultation with ADEQ, the smoke management prescr iption or burn plan may be modified.

F. The F/SLM shall ensure that there is appropriate si gnage and notification to protect public safety on transportation corridors including roadways and airports during a prescribedfire.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1). R18-2-1506. Smoke Dispersion Evaluation ADEQ shall approve, approve with conditions, or dis approve a Daily Burn Request submitted under R18-2-1505, by u sing the following factors for each smoke management unit: 1. Analysis of the emissions from burns in progress and residual emissions from previous burns on a day-to- day basis; 2. Analysis of emissions from active wildland fire u se incidents, and active multiple-day burns, and consideration of potential long-term emissions estimates; 3. Analysis of the emissions from wildfires greater than 100 acres and consideration of their potential long-ter m growth; 4. Local burn conditions; 5. Burn prescription and smoke management prescripti on from the applicable Burn Plan; 6. Existing and predicted local air quality; 7. Local and synoptic meteorological conditions; 8. Type and location of areas to be burned; 9. Protection of the national visibility goal for Cl ass I Areas under § 169A(a)(1) of the Act and 40 CFR 51.309; 10. Assessment of duration and intensity of smoke em issions to minimize cumulative impacts; 11. Minimization of smoke impacts in Class I Areas, areas that are non-attainment for particulate matter, car bon monoxide non-attainment areas, or other smoke-sensi tive areas; and 12. Protection of the National Ambient Air Quality S tandards.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1507. Prescribed Burn Accomplishment; Wildfire Reporting

A. Each F/SLM conducting a prescribed burn shall compl ete and submit to ADEQ the “Burn Accomplishment” form suppl ied by ADEQ. For each burn approval, the F/SLM shall submit a Burn Accomplishment form to ADEQ by 2:00 p.m. of th e business day following the approved burn. The F/SLM shall include the following information on the Burn Accomplishment form: 1. Any known conditions or circumstances that could impact the Daily Burn decision process; 2. The date, location, fuel type, fuel loading, and acreage accomplishments;

3. The ERTs and SMTs described in R18-2-1509 and R18

- 2-1510, respectively, and may include any further E RTs and SMTs that become available, that the F/SLM usedto reduce emissions or manage the smoke from the burn.

B. The F/SLM shall submit the Burn Accomplishment form as an original form, a facsimile, or an electronic inform ation transfer.

C. ADEQ shall maintain a record of Burn Requests, Burn Approvals/Conditional Approvals/Denials and Burn Ac complishments for five years.

D. The F/SLM in whose jurisdiction a wildfire occurs s hall make available to ADEQ no later than the day after the a ctivity all required information for wildfire incidents that bu rned more than 100 acres per day in timber or slash fuels or 300 acres per day in brush or grass fuels. For each day of a wild fire incident that exceeds the daily activity threshold, the F/SL M shall provide the location, an estimate of predominant fuel type and quantity consumed, and an estimate of the area blac kened that day.Supp. 12-1 Page 170 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1508. Wildland Fire Use: Plan, Authorization, Monitoring; Inter-agency Consultation; Status Reporting

A. In order for ADEQ to participate in the wildland fi re use decision-making process, the F/SLM shall notify ADEQ as soon as practicable of any wildland fire use incident proje cted to attain or attaining a size of 50 acres of timber fuel or 2 50 acres of brush or grass fuel.

B. For each wildland fire use incident that has been d eclared as such by the F/SLM, the F/SLM shall complete and sub mit to ADEQ a Wildland Fire Use Burn Plan in a format appr oved by ADEQ in cooperation with the F/SLM. The F/SLM shall submit the Wildland Fire Use Burn Plan to ADEQ as soon as practicable but no later than 72 hours after the wi ldland fire
use incident is declared or under consideration forsuch designation. The F/SLM shall include the following information in
the Wildland Fire Use Burn Plan: 1. An emergency telephone number that is answered 24 hours a day, seven days a week; 2. Anticipated burn prescription; 3. Anticipated smoke management prescription; 4. The estimated daily number of acres, quantity, an d type of fuel to be burned; 5. The anticipated maximum allowable perimeter or si ze with map;
6. Information on the condition of the area to be bu rned,
such as whether it is in maintenance or restoration , its ecological function, and other indicators of fire r esiliency; 7. The anticipated duration of the wildland fire use incident; 8. The anticipated long-range weather trends for the site; 9. A map depicting the potential impact of the smoke . The potential impact shall be determined by mapping bot h the daytime and nighttime smoke path and down-drainage
flow for 15 miles from the wildland fire use incide nt, with smoke-sensitive areas delineated. Mapping is m andatory unless waived either orally or in writing by ADEQ. The map shall use the appropriate scale to sh ow the impacts of the smoke adequately; and 10. Modeling or monitoring of smoke impacts, if requ ested by ADEQ after consultation with the F/SLM.

C. ADEQ shall approve or disapprove a Wildland Fire Us e Burn Plan within three hours of receipt. ADEQ shall cons ult directly with the requesting F/SLM before disapproving a Wil dland Fire Use Burn Plan. If ADEQ fails to address the Wi ldland Fire Use Burn Plan within the time allotted, the Pl an is approved by default under the condition that the F/ SLM makes a good faith effort to contact ADEQ to confirm that the Plan was received. Approval by ADEQ of a Wildland Fire U se Burn Plan is binding upon ADEQ for the duration of the wildland fire use incident, unless smoke from the incid ent creates a threat to public health or welfare. If a threat to public health or welfare is created, ADEQ shall consult with the F/S LM regarding the situation and develop a joint action plan for reducing further smoke impacts.

D. The F/SLM shall submit a Daily Status Report for ea ch wildland fire use incident to ADEQ for each day of the burn that

the fire burns more than 100 acres in timber or sla sh fuels or 300 acres in brush or grass fuels. The F/SLM shall include a synopsis of smoke behavior, future daily anticipate d growth, and location of the activity of the wildland fire u se incident in the Daily Status Report. E. The F/SLM shall consult with ADEQ prior to initiati ng human-made ignition on the wildland fire use incide nt when greater than 250 acres is anticipated to be burned by the ignition. Emergency human-made ignition on the incidentfor protection of public or fire-fighter safety does not r equire consultation with ADEQ regardless of the size of th e area to be
burned.

F. The F/SLM shall ensure that there is appropriate si gnage and notification to protect public safety on transporta tion corridors including roadways and airports during a wildland f ire use
incident.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

R18-2-1509. Emission Reduction Techniques

A. Each F/SLM conducting a prescribed burn shall imple ment as many Emission Reduction Techniques as are feasible subject to economic, technical, and safety feasibility crit eria, and land management objectives.

B. Emission Reduction Techniques include: 1. Reducing biomass to be burned by use of technique s such as yarding or consolidation of unmerchandisable mat erial, multi-product timber sales, or public firewoo d access, when economically feasible; 2. Reducing biomass to be burned by fuel exclusion p ractices such as preventing the fire from consuming de ad snags or dead and downed woody material through lin

ing, application of fire-retardant foam, or water; 3. Using mass ignition techniques such as aerial ign ition by helicopter to produce high intensity fires of high fuel density areas such as logging slash decks; 4. Burning only fuels essential to meet resource man agement objectives; 5. Minimizing consumption and smoldering by burning under conditions of high fuel moisture of duff and litter; 6. Minimizing fuel consumption and smoldering by bur ning under conditions of high fuel moisture of large woo dy fuels; 7. Minimizing soil content when slash piles are cons tructed by using brush blades on material-moving equipment and by constructing piles under dry soil conditions or by using hand piling methods; 8. Burning fuels in piles; 9. Using a backing fire in grass fuels; 10. Burning fuels with an air curtain destructor, as defined in R18-2-101, operated according to manufacturer speci fications and meeting applicable state or local opaci ty requirements; 11. Extinguishing or mopping-up of smoldering fuels; 12. Chunking of piles and other consolidations of burning material to enhance flaming and fuel consumption, and to minimize smoke production; 13. Burning before litter fall; 14. Burning before green-up of fuels; 15. Burning before recently cut large fuels cure in areas with activity; and 16. Burning just before precipitation to reduce fuel smoldering and consumption.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 171 Supp. 12-1 R18-2-1510. Smoke Management Techniques

A. Each F/SLM conducting a prescribed burn shall imple ment as many Smoke Management Techniques as are feasible su bject to economic, technical, and safety feasibility crit eria, and land management objectives.

B. Smoke management techniques include: 1. Burning from March 15 through September 15, when meteorological conditions allow for good smoke disp ersion; 2. Igniting burns under good-to-excellent ventilatio n conditions; 3. Suspending operations under poor smoke dispersionconditions; 4. Considering smoke impacts on local community acti vities and land users; 5. Burning piles when other burns are not feasible, such as when snow or rain is present; 6. Using mass ignition techniques such as aerial ign ition by helicopter to produce high intensity fires with sho rt duration impacts; 7. Using all opportunities that meet the burn prescr iption and all burn locations to spread smoke impacts over a broader time period and geographic area; 8. Burning during optimum mid-day dispersion hours, with all ignitions in a burn unit completed by 3:00 p.m. to prevent trapping smoke in inversions or diurnal windfl ow patterns; 9. Providing information on the adverse impacts of u sing green or wet wood as fuel when public firewood acce ss is allowed; 10. Implementing maintenance burning in a periodic r otation to shorten prescribed fire duration and to reduce e xcessive fuel accumulations that could result in excess ive smoke production in a wildfire; and 11. Using wildland fire-use strategies to shift smok e into more favorable smoke dispersion seasons.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1510 renumbered to R18-2-1511; new R18-2-1510 made by final rulemaking at 10 A.A.R. 38 8, effective March 16, 2004 (Supp. 04-1).

R18-2-1511. Monitoring

A. ADEQ may require a F/SLM to monitor air quality bef ore or during a prescribed burn or a wildland fire use inc ident if necessary to assess smoke impacts. Air quality monitor ing may be conducted using both federal and non-federal refere nce method as well as other techniques.

B. ADEQ may require a F/SLM to monitor weather before or during a prescribed burn or a wildland fire use inc ident, if necessary to predict or assess smoke impacts. After co nsultation with the F/SLM, ADEQ may also require the F/SLM to establish burn site or area-representative remote automated weather stations or their equivalent, having telemetry that allows retrieval on a real-time basis by ADEQ. An F/SLM sh all give ADEQ notice and an opportunity to comment before ma king any change to a long-term established remote automated
weather station.

C. A F/SLM shall employ the following types of monitor ing, unless waived by ADEQ, for burns greater than 250 a cres per day, or greater than 50 acres per day if the burn i s within 15 miles of a Class I Area, an area that is non-attainment for particulate matter, carbon monoxide, or ozone, or othe r smokesensitive area: 1. Smoke plume measurements, using a format supplied by ADEQ; and 2. The release of pilot balloons (PIBALs) at the bur n site to verify needed wind speed, direction, and stability. Instead of pilot balloons, a test burn at the burn site maybe used for specific prescribed burns on a case-by-case bas is as approved by ADEQ, to verify needed wind speed, dire ction, and stability.

D. An F/SLM shall make monitoring information required under subsection (C) available to ADEQ on the business da y following the burn ignition.

E. The F/SLM shall keep on file for one year followingthe burn date any monitoring information required under this Section.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1511 renumbered to R18-2-1512; new
R18-2-1511 renumbered from R18-2-1510 and amended by final rulemaking at 10 A.A.R. 388, effective March

16, 2004 (Supp. 04-1).

R18-2-1512. Burner Qualifications

A. All burn projects shall be conducted by personnel t rained in prescribed fire and smoke management techniques as required by the F/SLM in charge of the burn and established by National Wildfire Coordinating Group training quali fications.

B. A Prescribed Fire Boss or other local Fire Manageme nt Officer of the F/SLM having jurisdiction over presc ribed burns shall have smoke management training obtained through one of the following: 1. Successful completion of a National Wildfire Coor dinating Group or F/SLM-equivalent course addressing smo ke
management; or 2. Attendance at an ADEQ-approved smoke management workshop.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1512 renumbered to R18-2-1513; new
R18-2-1512 renumbered from R18-2-1511 and amended by final rulemaking at 10 A.A.R. 388, effective March

16, 2004 (Supp. 04-1).

R18-2-1513. Public otification and Awareness Progra m; Regional Coordination

A. The Director shall conduct a public education and awareness program in cooperation with F/SLMs and other intere sted parties to inform the general public of the smoke mana gement program described by this Article. The program shal l include smoke impacts from prescribed fires and the role of prescribed fire in natural ecosystems.

B. ADEQ shall make annual registration, prescribed bur n approval, and wildfire and wildland fire use activi ty information readily available to the public and to facilit ate regional coordination efforts and public notification.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1513 renumbered to R18-2-1514; new

R18-2-1513 renumbered from R18-2-1512 and amended by final rulemaking at 10 A.A.R. 388, effective March

16, 2004 (Supp. 04-1).

R18-2-1514. Surveillance and Enforcement

A. An F/SLM conducting a prescribed burn shall permit ADEQ to enter and inspect burn sites unannounced to veri fy the accuracy of the Daily Burn Request, Burn Plan, or Accomplishment data as well as matching burn approval with ac tual conditions, smoke dispersion, and air quality impac ts. Onground site inspection procedures and aerial survei llance shall be coordinated by ADEQ and the F/SLM for safety pur poses.Supp. 12-1 Page 172 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

B. ADEQ may use remote automated weather station data if necessary to verify current and previous meteorologica l conditions at or near the burn site.

C. ADEQ may audit burn accomplishment data, smoke disp ersion measurements, or weather measurements from pre viously conducted burns, if necessary to verify conformity with, or deviation from, procedures and authorizations appro ved by ADEQ.

D. Deviation from procedures and authorizations approv ed by ADEQ constitute a violation of this Article. Violat ions may require containment or mop-up of any active burns and may also require, in the Director’s discretion, a five- day moratorium on ignitions by the responsible F/SLM. Violati ons of this Article are also subject to a civil penalty of not more than $10,000 per day per violation under A.R.S. § 49-463

.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). FormerSection R18-2-1514 repealed; new R18-2-1514 renumbered from R18-2-1513 and amended by final rulemaki ng at 10 A.A.R. 388, effective March 16, 2004 (Supp. 0 4-1).

R18-2-1515. Forms; Electronic Copies; Information Tr ansfers

A. ADEQ shall make available on paper and in electroni cally readable format any form required to be developed b y ADEQ and completed by a F/SLM.

B. After consultation with an F/SLM, ADEQ may require the F/ SLM to provide data in a manner that facilitates el ectronic
transfers of information.

Historical ote Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effec tive

March 16, 2004 (Supp. 04-1).

ARTICLE 16. VISIBILITY; REGIOAL HAZE

Article 16, consisting of Sections R18-2-1601 throu gh R18-2- 1606, made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4).

R18-2-1601. Definitions
In addition to the definitions contained in Article s 1 and 4 of this Chapter and A.R.S. § 49-401.01, the following defin itions apply to

this Article: 1. “Best available retrofit technology (BART)” means an emission limitation based on the degree of reductio n achievable through the application of the best syst em of continuous emission reduction for each pollutant em itted by an existing stationary facility. The emission li mitation is established on a case-by-case basis under R18-2- 1605. 2. “Existing stationary facility” means any of the f ollowing stationary sources of air pollutants, including anyreconstructed source, which was not in operation before August 7, 1962, and was in existence on August 7, 1 977, and has the potential to emit 250 tons per year or more of any air pollutant. A person who determines potentia l to emit shall count fugitive emissions to the extent quantifiable. a. Fossil-fuel fired steam electric plants of more than 250 million British thermal units per hour heat inp ut; b. Coal cleaning plants (thermal dryers); c. Kraft pulp mills; d. Portland cement plants; e. Primary zinc smelters; f. Iron and steel mill plants; g. Primary aluminum ore reduction plants; h. Primary copper smelters; i. Municipal incinerators capable of charging more than 250 tons of refuse per day; j. Hydrofluoric, sulfuric, and nitric acid plants; k. Petroleum refineries; l. Lime plants; m. Phosphate rock processing plants; n. Coke oven batteries; o. Sulfur recovery plants; p. Carbon black plants (furnace process); q. Primary lead smelters; r. Fuel conversion plants; s. Sintering plants; t. Secondary metal production facilities; u. Chemical process plants;

v. Fossil-fuel boilers of more than 250 million Brit ish thermal units per hour heat input; w. Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels; x. Taconite ore processing facilities; y. Glass fiber processing plants; and z. Charcoal production facilities. 3. “Federal Land Manager” means the secretary of the department, or the secretary’s designee, with autho rity

over the Federal Class I area. 4. “Mandatory Federal Class I Area” means any area i dentified in 40 CFR 81.400 through 81.436. 5. “Reasonably attributable” means ascribable by vis ual observation or other techniques described in R18-2- 1604. 6. “Reasonably attributable visibility impairment” m eans visibility impairment that is caused by the emissio n of air pollutants from one source, or a small group of sources.

Historical ote New Section made by final rulemaking at 9 A.A.R. 45 41, effective December 2, 2003 (Supp. 03-4).

R18-2-1602. Applicability This Article applies to any existing stationary sou rce located in the state that may reasonably be anticipated to cause o r contribute to visibility impairment in any mandatory Federal Clas s I area identified in 40 CFR 81.401 through 81.436. Mandatory Fed eral Class I
areas within Arizona are: Chiricahua National Monum ent Wilderness, Chiricahua Wilderness, Galiuro Wilderness, Gr and Canyon National Park, Mazatzal Wilderness, Mount Baldy Wil derness, Petrified Forest National Park, Pine Mountain Wilderne ss, Saguaro Wilderness, Sierra Ancha Wilderness, Superstition W ilderness, and Sycamore Canyon Wilderness.

Historical ote New Section made by final rulemaking at 9 A.A.R. 45 41, effective December 2, 2003 (Supp. 03-4).

R18-2-1603. Certification of Impairment

A. A Federal Land Manager with authority over a mandat ory Federal Class I area may certify to the Director, at any time, that a reasonably attributable visibility impairmen t exists in a mandatory Federal Class I area. The Director may al so certify that reasonably attributable visibility impairment exists in any mandatory Federal Class I area to assure reasonable progress under section 169A(b)(2) of the Clean Air Act.

B. Documentation that supports the Federal Land Manage r or Director’s certification shall include: 1. The mandatory Federal Class I area for which visi bility impairment is being certified, 2. Any information documenting the basis for the certification of impairment.

Historical ote New Section made by final rulemaking at 9 A.A.R. 45 41,Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 173 Supp. 12-1

effective December 2, 2003 (Supp. 03-4).

R18-2-1604. Attribution Analysis; Finding

A. If a mandatory Federal Class I area is certified as having reasonably attributable visibility impairment, the Dir ector shall conduct an attribution analysis to identify each ex isting stationary source that may be reasonably anticipated t o cause or contribute to visibility impairment. The Director s hall notify the Federal Land Manager, affected source or small group of sources, and local air pollution control officer of the intent to conduct an attribution analysis. The attribution an alysis shall be based on the following: 1. Monitoring information obtained through the Arizo na Class I Visibility Monitoring Network or special studies approved by ADEQ to ascertain: a. The times visibility impairment occurred, and b. The pollutants contributing to the visibility imp airment; 2. Transport analysis or air quality modeling based upon meteorological records to ascertain whether the pol lutants were transported to the mandatory Federal Class I area; 3. Other available studies, modeling analyses, and e missions inventories of point, area, and mobile source emissions to ascertain: a. The pollutant causing the impairment, and b. The source, or a small group of sources, emittingthe pollutant; 4. Other relevant supporting documentation provided by the Federal Land Manager or Director used to make the draft attribution analysis finding; and 5. Consideration of any documentation provided by th e source, a small group of sources, or other interest ed parties.

B. In conducting the attribution analysis, the Directo r shall use monitoring information, meteorological records, andemissions inventories that represent times and location s reasonably concurrent with the visibility impairment.

C. The Director shall issue a draft attribution findin g that impairment has or has not occurred, and provide public no tice of the draft attribution finding. The Director shall publi sh notice of the draft attribution finding in a newspaper of gen eral circulation in each county containing the mandatory Federa l Class I area and the affected source. The Director shall pr ovide at least 30 days from the date of the notice for public comm ent. Written comments to the Director shall include the name of the person and the person’s agent or attorney, if any, and shall clearly set forth reasons why the Director should review th e draft attribution finding. The Director shall issue a final attribution finding after the public comment period. If the Directo r finds existing stationary sources cause or contribute to visibility impairment in a mandatory Federal Class I area, the source shall be subject to a BART Control Analysis under R 18-2-

1605.

Historical ote New Section made by final rulemaking at 9 A.A.R. 45 41, effective December 2, 2003 (Supp. 03-4).

R18-2-1605. BART Control Analysis; Finding

A. The Director shall analyze for BART controls each e xisting stationary source for which a final attribution fin ding is made under R18-2-1604(C). The Director shall consider th e following factors: 1. Available control technology; 2. New source performance standards (NSPS) in Articl e 9; 3. Alternative control systems if retrofitting to co mply with applicable NSPS standards in Article 9 is infeasibl e; 4. Cost of compliance; 5. Energy and non-air quality environmental impacts of compliance; 6. Existing pollution control technology in use at the source or small group of sources; 7. Remaining useful life of the source or small group of

sources; 8. Net environmental impact associated with the prop osed emission control system; 9. Economic impacts associated with installing and o perating the proposed emission control system; and 10. Degree of improvement in visibility anticipated to result from application of the proposed emission control s ystem.
B. The Director shall issue a draft BART finding, and provide public notice of the draft BART finding. The Direct or shall publish notice of the draft BART finding in a newsp aper of general circulation in each county containing the m andatory

Federal Class I area and the affected source. The D irector shall provide at least 30 days from the date of the notic e for public
comment. Written comments to the Director shall inc lude the name of the person and the person’s agent or attorn ey, and shall clearly set forth reasons why the Director sh ould review the draft BART finding. The Director shall issue a final BART finding after the public comment period. 1. The Director shall submit each final BART finding to the
Administrator as a revision to the SIP. 2. The Director shall require that each existing sta tionary source meet BART as expeditiously as practicable but in no case later than five years after EPA approval of the SIP

revision.

C. If the Director determines that technological or ec onomic limitations on the applicability of measurement methodo logy to a particular existing stationary source would make th e imposition of an emission standard infeasible, the Direct or may, as part of the finding under subsection (B), prescribe a design, equipment, work practice, operational standard, or combination of design, equipment, work practice, or operat ional standard. The standard, to the degree possible, shall s et forth the emission reduction to be achieved by implementation of the design, equipment, work practice, or operation, andshall provide for compliance by means that achieve equivalent results.

D. The Director shall make a finding that the attribut able source satisfies the BART requirement if the attributable source: 1. Voluntarily applies best available retrofit techn ology; 2. Previously applied emission control standards equ ivalent to BART; or 3. Agrees to shutdown or curtail operations at the attributable source within five years of the finding. An attributable source that does not shutdown or curtail operations shall meet BART as expeditiously as practicable, but in no case later than five years after EPA’s approval of the
revision to the SIP.

E. If the Director determines that the imposition of B ART or a standard under subsection (C) is infeasible at the time of the finding, the Director shall require the attributabl e source to install and operate BART at a later date when the D irector determines that BART or equivalent controls are fea sible.

F. The Director shall provide for a BART control analy sis of any existing stationary source that might cause or contribute to impairment of visibility in any mandatory Federal C lass I area
identified under this Article at such time as the A dministrator determines new control technology for the pollutant becomes reasonably available: 1. The pollutant is emitted by that existing station ary

source,Supp. 12-1 Page 174 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

2. Controls representing BART for the pollutant have not previously been required under this Article, and 3. The impairment of visibility in any mandatory Fed eral Class I area is reasonably attributable to the emis sions of that pollutant.

Historical ote New Section made by final rulemaking at 9 A.A.R. 45 41, effective December 2, 2003 (Supp. 03-4).

R18-2-1606. Exemption from BART Any existing stationary source required to install, operate, and maintain BART under this Article, may apply to the Administrator for an exemption from that requirement according to 40 CFR 51.303. The existing stationary source shall obtainthe Director’s written concurrence before sending the application for exemption to
the Administrator.

Historical ote New Section made by final rulemaking at 9 A.A.R. 45 41, effective December 2, 2003 (Supp. 03-4).

R18-2-1607. Reserved

R18-2-1608. Reserved

R18-2-1609. Reserved

R18-2-1610. SO 2 Milestones and Backstop Trading Program;

Definitions

A. This rule implements the pre-trigger provisions of the SO 2 Milestones and Backstop Trading Program required un der 40 CFR 51.309(h)(2). Nothing in this Article waives any requirement otherwise in effect or subsequently required u nder any

other law or rules for new sources.

B. When used in this Article:
1. “Actual SO 2 emissions” means total annual sulfur dioxide emissions determined according to R18-2-1611. 2. “Fugitive emissions” means those emissions that c annot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 3. “Milestone” means the maximum level of stationary source regional sulfur dioxide emissions for each y ear from 2003 to 2018 as provided in 40 CFR 51.309(h)(1 ). 4. “Western Backstop SO 2 Trading Program” means the program implemented under R18-2-1613.

Historical ote New Section made by final rulemaking at 11 A.A.R. 3 86, effective December 20, 2004 (Supp. 04-4).

R18-2-1611. Applicability

A. All BART-eligible sources as defined in 40 CFR 51.3 01 that are BART-eligible due to SO 2 emissions are subject to the requirements of this Section.

B. All stationary sources that have actual SO 2 emissions of 100 tons or more per year are subject to the requiremen ts of this
Section.

C. When determining actual SO 2 emissions in subsection (B), the Director shall not include fugitive emissions of a stationary source unless that source belongs to one of the fol lowing categories: 1. Coal cleaning plants (with thermal dryers); 2. Kraft pulp mills; 3. Portland cement plants; 4. Primary zinc smelters; 5. Iron and steel mills; 6. Primary aluminum ore reduction plants; 7. Primary copper smelters; 8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 9. Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. Lime plants; 12. Phosphate rock processing plants; 13. Coke oven batteries; 14. Sulfur recovery plants; 15. Carbon black plants (furnace process); 16. Primary lead smelters; 17. Fuel conversion plants; 18. Sintering plants; 19. Secondary metal production plants; 20. Chemical process plants;

21. Fossil-fuel boilers or combination of boilers to taling more than 250 million British thermal units per hour heat input; 22. Petroleum storage and transfer units with a tota l storage capacity exceeding 300,000 barrels; 23. Taconite ore processing plants; 24. Glass fiber processing plants; 25. Charcoal production plants; 26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or 27. Any other stationary source category, which as o f August 7, 1980, is regulated under Section 111 or 112 of the Act.

Historical ote New Section made by final rulemaking at 11 A.A.R. 3 86, effective December 20, 2004 (Supp. 04-4).

R18-2-1612. Pre-trigger Monitoring, Recordkeeping, a nd Reporting

A. All stationary sources meeting the criteria of R18- 2-1611, for the period defined in subsection (B) shall: 1. Comply with applicable monitoring, recordkeeping, and reporting requirements in R18-2-304, R18-2-306, R18 -2- 327, and R18-2-715.01; 2. Submit to the Director an annual inventory of SO 2 emissions, beginning with the 2003 emission inventory b y the date specified in R18-2-327(A); 3. Submit to the Director, if the stationary source is a smelter, an annual report of sulfur input in tons p er year with the submission of the annual emissions invento ry as required by subsection (A)(2); 4. Utilize appropriate emission factors and estimati ng methodology, and document the emissions monitoring or e stimation methodology used by the source;

5. Include SO 2 emissions from start up, shut down, and upset conditions in the annual total inventory; 6. Utilize, if an affected source, methods from 40 C FR Part
75 to measure and calculate SO 2 emissions; 7. Maintain records that include the rate and period of SO 2 emissions, the specific installation that is the so urce of

the SO 2 emissions, type and efficiency of the air pollutio n control equipment, and other information necessary to quantify operation and emissions, and to evaluate p ollution control; 8. Retain all records required under this Section fo r a minimum of 10 years from the date of record creation, o r if the records were the basis for an adjustment to a m ilestone under 40 CFR 51.309(h)(1), five years from th e date of a state implementation plan revision, which ever is longer.

B. Duration and termination of pre-trigger requirement s. Any stationary source that meets the criteria of R18-2-161 1 after December 10, 2004, shall continue to comply with R1 8-2-Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 175 Supp. 12-1 1612 even if the source no longer has actual SO 2 emissions of 100 tons per year or more until either one year aft er the date of program trigger, or the Director determines under 4 0 CFR 51.309(h)(3) that the regional SO 2 2018 milestone was
achieved.

Historical ote New Section made by final rulemaking at 11 A.A.R. 3 86, effective December 20, 2004 (Supp. 04-4). Section h eading corrected at request of the Department, Office File No. M12-134, filed April 5, 2012 (Supp. 11-4).

R18-2-1613. Western Backstop SO 2 Trading Program Trigger The requirements of the Western Backstop SO 2 Trading Program contained in the Western Backstop SO 2 Trading Program Model Rule and Model Rule Supplement as adopted August 13 , 2003 (and no later amendments or editions) by the Western Reg ional Air Partnership (WRAP), are incorporated by reference and a vailable through the Western Regional Air Partnership at www .wrapair.org, and the Director. The requirements shall apply to a pplicable sources in the Model Rule and Model Rule Supplement beginni ng on the date the Director determines the program has been triggered according to 40 CFR 51.309(h)(1) and 51.309(h)(3).

Historical ote New Section made by final rulemaking at 11 A.A.R. 3 86, effective December 20, 2004 (Supp. 04-4).

ARTICLE 17. ARIZOA STATE HAZARDOUS AIR

POLLUTATS PROGRAM

R18-2-1701. Definitions The following definitions, and the definitions cont ained in Article 1 of this Chapter and A.R.S. § 49-401.01 apply to thi s Article unless the context otherwise applies.
1. “Acute adverse effects to human health” means tho se effects described in A.R.S. § 49-401.01(2) that are of short duration or rapid onset. 2. “Acute Ambient Air Concentration (AAAC)” means th at concentration of a hazardous air pollutant, in the ambient air, above which the general population, including susceptible populations, could experience acute advers e effects to human health. 3. Notwithstanding the definition at R18-2-101(5), “Affected source,” in this Article, has the meaning of “affected source” contained in 40 CFR 63.2, as of July 1, 2004 (and no future amendments or editions), which is incorporated herein by reference, and is on file wi th the Department. 4. “Ambient air concentration (AAC)” means that conc entration of a hazardous air pollutant in the ambient air, listed in R18-2-1708(C)(1) or determined according to R18-2-1708(C)(2) or (C)(3), above which the general population, including susceptible populations, coul d experience adverse effects to human health. 5. “Arizona maximum achievable control technology” o r “AZMACT” means an emission standard that requires the maximum degree of reduction in emissions of the hazardous air pollutants subject to this Chapter, i ncluding a prohibition on the emissions where achievable andthat the Director, according to R18-2-1707, has determin ed to be achievable by an affected source to which the st andard applies, through application of measures, processes

, methods, systems or techniques including measures that: a. Reduce the volume of, or eliminate emissions of, the pollutants through process changes, substitution of materials, or other modifications;b. Enclose systems or processes to eliminate emissions; c. Collect, capture or treat the pollutants when rel eased from a process, stack, storage or fugitive emission s point; d. Are design, equipment, work practice, or operatio nal standards, including requirements for operator trai ning or certification; or
e. Are a combination of the above. 6. “Chemical Abstract Service (CAS) Number” means a unique, identifying number assigned by the Chemical
Abstract Service to each distinct chemical substanc e. 7. “Chronic adverse effects to human health” means those effects described in A.R.S. § 49-401.01(2) that are of a persistent, recurring, or long-term nature or that are delayed in onset. 8. “Chronic Ambient Air Concentration (CAAC)” means that concentration of a hazardous air pollutant, inthe ambient air, above which the general population, in cluding susceptible populations, could experience chron ic
adverse effects to human health. 9. “Federally listed hazardous air pollutant” means any air pollutant adopted under R18-2-1703. 10. “Hazardous air pollutant” means any federally li sted hazardous air pollutant. 11. “Major source of state hazardous air pollutants (HAPs)”

means: a. A stationary source that emits or has the potenti al to emit in the aggregate, including fugitive emissions

, 10 tons per year or more of any state hazardous airpollutant or 25 tons per year or more of any combination of state hazardous air pollutants. b. Any change to a minor source of hazardous air pol

lutants that would increase its emissions to the qu alifying levels in subsection (a). 12. “Minor source of state hazardous air pollutants (HAPs)” means a stationary source that emits or has the pot ential to emit, including fugitive emissions, one ton or m ore but less than 10 tons per year of any hazardous air pol lutant
or two and one-half tons or more but less than 25 t ons per year of any combination of hazardous air pollutants

. 13. “Modification” or “modify” means a physical chan ge in, or change in the method of operation of, a source t hat increases the actual emissions of any state hazardo us air pollutant (HAP) emitted by the source by more than any de minimis amount listed in Table 1, or which resul ts in the emission of any HAP not previously emitted by the source by more than any de minimis amount listed in Table 1, including a change that increases a source ’s actual emissions of any state HAP that results in t otal source emissions that exceed 1 tpy of any individua l HAP or 2.5 tpy of any combination of HAPs. A physical change in, or change in the method of operation of, a source is not a modification under this definition if: a. The change, together with any other changes imple

mented or planned by the source, qualifies for an alternative emission limitation under § 112(i)(5) o f the Clean Air Act; b. The Clean Air Act § 112(d) or (f) imposes a stand ard requiring the change that is implemented after the Administrator promulgates the standard; c. The change is routine maintenance, repair, or replacement; d. The change is the use of an alternative fuel or r aw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, or by rea-Supp. 12-1 Page 176 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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son of a natural gas curtailment plan under the Fed

eral Power Act, 16 U.S.C. 792 - 825r; e. The change is the use of an alternative fuel by r eason of an order or rule under Section 125 of the Act; f. The change is the use of an alternative fuel at a steam generating unit to the extent that the fuel i s generated from municipal solid waste; g. The change is an increase in the hours of operati on or in the production rate, unless the change would be prohibited under an enforceable permit condition; o r h. The change is any change in ownership at a statio nary source. 14. “Potential to emit” or “potential emission rate” means the maximum capacity of a stationary source to emit a p ollutant, excluding secondary emissions, taking into acc ount controls that are enforceable under any federal, st ate, or local law, rule or regulation, or that are inherent in the design of the source.
15. “SIC Code” means the standard industrial classif ication code number for a source category derived from 1987 Standard Industrial Classification Manual (U.S. Off ice of Management and Budget, 1987). 16. “State hazardous air pollutant” (HAP) means any federally listed hazardous air pollutant. 17. “Technology transfer” means the process by whichexisting control technologies that have been successfully applied in one or more source categories that have similar processes or emissions units are reviewed for potential use in a different source category.

Table 1. State HAPs De Minimis Levels

Chemical De Minimis (lb/hr) De Minimis (lb/yr)

1,1,1-Trichloroethane (Methyl Chloroform) 117 14,24 7

1,1,2,2-Tetrachloroethane N/A 0.20

1,3-Butadiene N/A 0.39

1,4-Dichlorobenzene N/A 1.9

2,2,4-Trimethylpentane 51 N/A

2,4-Dinitrotoluene N/A 0.13

2-Chloroacetophenone N/A 0.19

Acetaldehyde N/A 5.3

Acetophenone 1.4 2,261

Acrolein 0.013 0.129

Acrylonitrile N/A 0.17

Antimony Compounds (Selected compound: Antimony) 0.71 9.0

Arsenic Compounds (Selected compound: Arsenic) N/A 0 .0027

Benzene N/A 1.5

Benzyl Chloride N/A 0.25

Beryllium Compounds (Selected compound: Beryllium) 0.000707 0.0049

Biphenyl 2.1 1,130

bis (2-Ethylhexyl) Phthalate 0.71 3.0

Bromoform 0.42 11

Cadmium Compounds (Selected compound: Cadmium) N/A 0.0065

Carbon Disulfide 18 4,522

Carbon Tetrachloride N/A 0.78

Carbonyl Sulfide 1.7 N/AArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 177 Supp. 12-1

Chlorobenzene 57 6,442

Chloroform N/A 2.2

Chromium Compounds (Selected compound: Hexavalent Chromium) N/A 0.0010

Cobalt Compounds (Selected compound: Cobalt) N/A 0.0 042

Cumene 53 2,583

Cyanide Compounds (Selected compound: Hydrogen Cyanide) 0.22 19

Dibenzofurans 1.4 45

Dichloromethane (Methylene Chloride) 20 25

Dimethyl formamide 9.3 194

Dimethyl Sulfate 0.018 N/A

Ethyl Benzene 14 6,442

Ethyl Chloride (Chloroethane) 71 64,420

Ethylene Dibromide (Dibromoethane) N/A 0.020

Ethylene Dichloride (1,2-Dichloroethane) N/A 0.45

Ethylene glycol 2.8 2,583

Ethylidene Dichloride (1,1-Dichloroethane) 354 3,23 0

Formaldehyde N/A 0.90

Glycol Ethers (Selected compound: Diethylene glycol, monoethyl ether) 14 19

Hexachlorobenzene N/A 0.026

Hexane 659 13,689

Hydrochloric Acid 0.93 129

Hydrogen Fluoride (Hydrofluoric Acid) 0.56 90

Isophorone 0.71 12,946

Manganese Compounds (Selected compound: Manganese) 0.14 0.32

Mercury Compounds (Selected compound: Elemental Mercury) 0.058 1.9

Methanol 53 25,830

Methyl Bromide 15 32

Methyl Chloride 67 582

Methyl Hydrazine N/A 0.0024

Methyl Isobutyl Ketone (Hexone) 28 19,388

Methyl Methacrylate 18 4,522Supp. 12-1 Page 178 March 31, 2012

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Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-1702. Applicability

A. The provisions of this Article apply to: 1. Minor sources of state hazardous air pollutants that are in one of the source categories listed in Table 2; and 2. Major sources of state hazardous air pollutants.

B. The provisions of this Article shall not apply to:

1. Affected sources for which a standard under 40 CF R 61 or 40 CFR 63 imposes an emissions limitation.
2. Affected sources at a minor source of state HAPs if the

minor source: a. Is in a source category for which a standard unde r 40 CFR 63 has been adopted; and b. Agrees to comply with the emissions limitation
under R18-2-306.01.

C. If the Clean Air Act has established provisions inc luding specific schedules for the regulation of source catego ries under Section 112(e)(5) and 112(n), those provisions and schedules shall apply to the regulation of those source categ ories.

D. For any category or subcategory of facilities licen sed by the Nuclear Regulatory Commission, the Director shall n ot adopt or enforce any standard or limitation respecting em issions of radionuclides which is more stringent than the stan dard or limitation adopted by the Administrator under Section 112 of the

Act.

E. The provisions of this Article shall not apply to s ources for
which the Administrator has made one of the followi ng findings under Section 112(n) of the Clean Air Act, 42 U.S.C. 7412(n): 1. A finding that regulation is not appropriate or n ecessary,

or 2. A finding that the source should apply alternativ e control strategies.

F. The provisions of this Article shall be effective J anuary 1, 2007, and shall not apply to permits or significantpermit revisions for which the Department receives the first a pplication component before the effective date of this Article

. Methyl Tert-Butyl Ether N/A 46

N, N-Dimethylaniline 1.4 45

Naphthalene N/A 0.35

Nickel Compounds (Selected compound: Nickel Refinery Dust) N/A 0.049

Phenol 3.3 1,295

Polychlorinated Biphenyls (Selected Compound: Aroclor 1254) N/A 0.12

Polycyclic Organic Matter (Selected compound: Benzo(a)pyrene) N/A 0.013

Propionaldehyde N/A 5.3

Propylene Dichloride 14 26

Selenium Compounds (Selected compound: Selenium) 0.028 113

Styrene 31 6,442

Tetrachloroethylene (Perchlorethylene) N/A 2.0

Toluene 109 146,766

Trichloroethylene N/A 0.10

Vinyl Acetate 22 1,295

Vinyl Chloride N/A 1.3

Vinylidene Chloride (1,2-Dichloroethylene) 2.1 1,29 5

Xylene (Mixed Isomers) 98 644Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 179 Supp. 12-1 Table 2. State HAPs Minor Source Categories

1 Not Elsewhere Classified

Historical ote

New Section made by final rulemaking at 12 A.A.R. 1 953, effective January 1, 2007 (Supp. 06-2).

R18-2-1703. State List of Hazardous Air Pollutants The following federally listed hazardous air pollut ants listed in § 112(b)(1) of the Clean Air Act, 42 U.S.C. § 7412(b) (1) are hazardous air pollutants under this Article: 1. Acetaldehyde (CAS 75070) 2. Acetamide (CAS 60355) 3. Acetonitrile (CAS 75058) 4. Acetophenone (CAS 98862) 5. 2-Acetylaminofluorene (CAS 53963) 6. Acrolein (CAS 107028) 7. Acrylamide (CAS 79061) 8. Acrylic acid (CAS 79107) 9. Acrylonitrile (CAS 107131) 10. Allyl chloride (CAS 107051) 11. 4-Aminobiphenyl (CAS 92671) 12. Aniline (CAS 62533) 13. o-Anisidine (CAS 90040) 14. Asbestos (CAS 1332214) 15. Benzene (including benzene from gasoline) (CAS 7 1432) 16. Benzidine (CAS 92875) 17. Benzotrichloride (CAS 98077) 18. Benzyl chloride (CAS100447) 19. Biphenyl (CAS 92524) 20. Bis(2-ethylhexyl)phthalate (DEHP) (CAS 117817) 21. Bis(chloromethyl)ether (CAS 542881) 22. Bromoform (CAS 75252) 23. 1,3-Butadiene (CAS 106990) 24. Calcium cyanamide (CAS 156627) 25. Captan (CAS 133062) 26. Carbaryl (CAS 63252) 27. Carbon disulfide (CAS 75150) 28. Carbon tetrachloride (CAS 56235) 29. Carbonyl sulfide (CAS 463581) 30. Catechol (CAS 120809) Primary SIC Code Source Category

2434 Wood Kitchen Cabinets

2451 Mobile Homes

2621 Paper Mills

2679 Converted Paper Products, n.e.c. 1

2851 Paints and Allied Products

2911 Petroleum Refining

3086 Plastics Foam Products

3088 Plastics Plumbing Fixtures

3089 Plastics Products, n.e.c. 1

3241 Cement, Hydraulic

3281 Cut Stone and Stone Products

3296 Mineral Wool

3312 Blast Furnaces and Steel mills

3331 Primary Copper

3411 Metal Cans

3444 Sheet Metal Work

3451 Screw Machine Products

3479 Metal Coating and Allied Services

3585 Refrigeration and Heating Equipment

3672 Printed Circuit Boards

3999 Mfg. Industries, n.e.c. 1

4922 Natural Gas Transmission

5169 Chemicals and Allied Products, n.e.c. 1

5171 Petroleum Bulk Stations and TerminalsSupp. 12-1 Page 180 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

31. Chloramben (CAS 133904) 32. Chlordane (CAS 57749) 33. Chlorine (CAS 7782505) 34. Chloroacetic acid (CAS 79118) 35. 2-Chloroacetophenone (CAS 532274) 36. Chlorobenzene (CAS 108907) 37. Chlorobenzilate (CAS 510156) 38. Chloroform (CAS 67663) 39. Chloromethyl methyl ether (CAS 107302) 40. Chloroprene (CAS 126998) 41. Cresols/Cresylic acid (isomers and mixture) (CAS 1319773) 42. o-Cresol (CAS 95487) 43. m-Cresol (CAS 108394) 44. p-Cresol (CAS 106445) 45. Cumene (CAS 98828) 46. 2,4-D,salts and esters (CAS 94757) 47. DDE (CAS 3547044) 48. Diazomethane (CAS 334883) 49. Dibenzofurans (CAS 132649) 50. 1,2-Dibromo-3-chloropropane (CAS 96128) 51. Dibutylphthalate (CAS 84742) 52. 1,4-Dichlorobenzene(p) (CAS 106467) 53. 3,3-Dichlorobenzidene (CAS 91941) 54. Dichloroethyl ether (Bis(2-chloroethyl)ether) (C AS 111444) 55. 1,3-Dichloropropene (CAS 542756) 56. Dichlorvos (CAS 62737) 57. Diethanolamine (CAS 111422) 58. N,N-Diethylaniline (N,N-Dimethylaniline) (CAS 121697) 59. Diethyl sulfate (CAS 64675) 60. 3,3-Dimethoxybenzidine (CAS 119904) 61. Dimethyl aminoazobenzene (CAS 60117) 62. 3,3’-Dimethyl benzidine (CAS 119937) 63. Dimethyl carbamoyl chloride (CAS 79447) 64. Dimethyl formamide (CAS 68122) 65. 1,1-Dimethyl hydrazine (CAS 57147) 66. Dimethyl phthalate (CAS 131113) 67. Dimethyl sulfate (CAS 77781) 68. 4,6-Dinitro-o-cresol, and salts (CAS 534521) 69. 2,4-Dinitrophenol (CAS 51285) 70. 2,4-Dinitrotoluene (CAS 121142) 71. 1,4-Dioxane (1,4-Diethyleneoxide) (CAS 123911) 72. 1,2-Diphenylhydrazine (CAS 122667) 73. Epichlorohydrin (1-Chloro-2,3-epoxypropane) (CAS 106898) 74. 1,2-Epoxybutane (CAS 106887) 75. Ethyl acrylate (CAS 140885) 76. Ethyl benzene (CAS 100414) 77. Ethyl carbamate (Urethane) (CAS 51796) 78. Ethyl chloride (Chloroethane) (CAS 75003) 79. Ethylene dibromide (Dibromoethane) (CAS 106934) 80. Ethylene dichloride (1,2-Dichloroethane) (CAS 10 7062) 81. Ethylene glycol (CAS 107211) 82. Ethylene imine (Aziridine) (CAS 151564) 83. Ethylene oxide (CAS 75218) 84. Ethylene thiourea (CAS 96457) 85. Ethylidene dichloride (1,1-Dichloroethane) (CAS 75343) 86. Formaldehyde (CAS 50000) 87. Heptachlor (CAS 76448) 88. Hexachlorobenzene (CAS 118741) 89. Hexachlorobutadiene (CAS 87683) 90. Hexachlorocyclopentadiene (CAS 77474) 91. Hexachloroethane (CAS 67721) 92. Hexamethylene-1,6-diisocyanate (CAS 822060) 93. Hexamethylphosphoramide (CAS 680319) 94. Hexane (CAS 110543) 95. Hydrazine (CAS 302012) 96. Hydrochloric acid (CAS 7647010) 97. Hydrogen fluoride (Hydrofluoric acid) (CAS 76643 93) 98. Hydroquinone (CAS 123319) 99. Isophorone (CAS 78591) 100. Lindane (all isomers) (CAS 58899) 101. Maleic anhydride (CAS 108316) 102. Methanol (CAS 67561) 103. Methoxychlor (CAS 72435) 104. Methyl bromide (Bromomethane) (CAS 74839) 105. Methyl chloride (Chloromethane) (CAS 74873) 106. Methyl chloroform (1,1,1-Trichloroethane) (CAS 71556) 107. Methyl hydrazine (CAS 60344) 108. Methyl iodide (Iodomethane) (CAS 74884) 109. Methyl isobutyl ketone (Hexone) (CAS 108101) 110. Methyl isocyanate (CAS 624839) 111. Methyl methacrylate (CAS 80626) 112. Methyl tert butyl ether (CAS 1634044) 113. 4,4-Methylene bis(2-chloroaniline) (CAS 101144 ) 114. Methylene chloride (Dichloromethane) (CAS 7509 2) 115. Methylene diphenyl diisocyanate (MDI) (CAS 101 688) 116. 4,4’-Methylenedianiline (CAS 101779) 117. Naphthalene (CAS 91203) 118. Nitrobenzene (CAS 98953) 119. 4-Nitrobiphenyl (CAS 92933) 120. 4-Nitrophenol (CAS 100027) 121. 2-Nitropropane (CAS 79469) 122. N-Nitroso-N-methylurea (CAS 684935) 123. N-Nitrosodimethylamine (CAS 62759) 124. N-Nitrosomorpholine (CAS 59892) 125. Parathion (CAS 56382) 126. Pentachloronitrobenzene (Quintobenzene) (CAS 8 2688) 127. Pentachlorophenol (CAS 87865) 128. Phenol (CAS 108952) 129. p-Phenylenediamine (CAS 106503) 130. Phosgene (CAS 75445) 131. Phosphine (CAS 7803512) 132. Phosphorus (CAS 7723140) 133. Phthalic anhydride (CAS 85449) 134. Polychlorinated biphenyls (Aroclors) (CAS 1336 363) 135. 1,3-Propane sultone (CAS 1120714) 136. beta-Propiolactone (CAS 57578) 137. Propionaldehyde (CAS 123386) 138. Propoxur (Baygon) (CAS 114261) 139. Propylene dichloride (1,2-Dichloropropane) (CAS 78875) 140. Propylene oxide (CAS 75569) 141. 1,2-Propylenimine (2-Methyl aziridine) (CAS 75 558) 142. Quinoline (CAS 91225) 143. Quinone (CAS 106514) 144. Styrene (CAS 100425) 145. Styrene oxide (CAS 96093) 146. 2,3,7,8-Tetrachlorodibenzo-p-dioxin (CAS 17460 16) 147. 1,1,2,2-Tetrachloroethane (CAS 79345) 148. Tetrachloroethylene (Perchloroethylene) (CAS 1 27184) 149. Titanium tetrachloride (CAS 7550450) 150. Toluene (CAS 108883) 151. 2,4-Toluene diamine (CAS 95807) 152. 2,4-Toluene diisocyanate (CAS 584849) 153. o-Toluidine (CAS 95534) 154. Toxaphene (chlorinated camphene) (CAS 8001352) 155. 1,2,4-Trichlorobenzene (CAS 120821) 156. 1,1,2-Trichloroethane (CAS 79005) 157. Trichloroethylene (CAS 79016)Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 181 Supp. 12-1 158. 2,4,5-Trichlorophenol (CAS 95954) 159. 2,4,6-Trichlorophenol (CAS 88062) 160. Triethylamine (CAS 121448) 161. Trifluralin (CAS 1582098) 162. 2,2,4-Trimethylpentane (CAS 540841) 163. Vinyl acetate (CAS 108054) 164. Vinyl bromide (CAS 593602) 165. Vinyl chloride (CAS 75014) 166. Vinylidene chloride (1,1-Dichloroethylene) (CAS 75354) 167. Xylenes (isomers and mixture) (CAS 1330207) 168. o-Xylenes (CAS 95476) 169. m-Xylenes (CAS 108383) 170. p-Xylenes (CAS 106423) 171. Antimony Compounds 172. Arsenic Compounds (inorganic including arsine) 173. Beryllium Compounds 174. Cadmium Compounds 175. Chromium Compounds 176. Cobalt Compounds
177. Coke Oven Emissions 178. Cyanide Compounds (X’CN where X = H’ or any other group where a formal dissociation may occur. For ex ample KCN or Ca(CN) 2 .) 179. Glycol ethers a. Glycol ethers include mono- and di-ethers of ethy lene glycol, diethylene glycol, and triethylene glyc ol R-(OCH[2]CH[2])[n]-OR' where: i. n = 1, 2, or 3; ii. R = alkyl C7 or less; or iii. R = phenyl or alkyl substituted phenyl; iv. R' = H or alkyl C7 or less; or v. OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. b. Glycol ethers does not include ethylene glycol monobutyl ether. 180. Lead Compounds 181. Manganese Compounds 182. Mercury Compounds 183. Fine Mineral Fibers including mineral fiber emi ssions from facilities manufacturing or processing glass, rock or slag (or other mineral derived fibers) of average d iameter

1 micrometer or less. 184. Nickel Compounds 185. Polycylic Organic Matter including organic comp ounds with more than one benzene ring, and which have a b oiling point greater than or equal to 100 degrees C. 186. Radionuclides, including radon. (Radionuclide i s a type of atom which spontaneously undergoes radioactive decay.) 187. Selenium Compounds

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-1704. otice of Types and Amounts of HAPs An owner or operator of a source subject to this Article shall provide the Director with notice, in a permit applicat ion, of the types and amounts of HAPs emitted by the source. The noti ce shall include readily available data regarding emissions from the source. The Director shall not require the owner or operato r to conduct performance tests, sampling, or monitoring to fulfill the requirements
of this Section.

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). R18-2-1705. Modifications; Permits; Permit Revisions

A. Any person who constructs or modifies a source thatis subject to R18-2-1702 must first obtain a permit or signifi cant permit revision that complies with Article 3 of this Chapt er, and subsection (B) or (C).

B. A permit or significant permit revision that the De partment issues to a new or modified source that is subject to this program under R18-2-1702(A)(1) shall impose HAPRACT un der R18-2-1706, unless the applicant demonstrates, witha Risk Management Analysis under R18-2-1708, that the impo sition of HAPRACT is not necessary to avoid adverse effect s to
human health or adverse environmental effects.

C. A permit or significant permit revision that the De partment issues to a new or modified source that is subject to this program under R18-2-1702(A)(2) shall impose AZMACT und er R18-2-1707, unless the applicant demonstrates, witha Risk Management Analysis under R18-2-1708, that the impo sition of AZMACT is not necessary to avoid adverse effects to human health or adverse environmental effects.

D. If the Director establishes a general permit establ ishing HAPRACT according to Article 5 of this Chapter, the following apply: 1. The owner or operator of a source covered by that generalpermit may obtain a variance from HAPRACT by complying with R18-2-1708 when the source applies for the general permit; 2. If the owner or operator makes the applicable dem onstration required by R18-2-1708 and otherwise qualifies for the general permit, the Director shall approve the application according to A.R.S. § 49-426 and issue an auth orization-to-operate granting a variance from the specif ic provisions of the general permit relating to HAPRAC T;
and 3. Except as modified by a variance, the general permit governs the source.

E. When determining whether HAP emissions from a new s ource or modification exceed the thresholds prescribed byR18-2- 1701(11) or (12), or a de minimis amount described in R18-2- 1701 Table 1, the Director shall exclude particulat e matter emissions that consist of natural crustal material and that are produced either by natural forces, such as wind or erosion, or by anthropogenic activities, such as agricultural o perations, excavation, blasting, drilling, handling, storage, earth moving, crushing, grinding or traffic over paved or unpavedroads, or

other similar activities.

F. In addition to the requirements of Title 18, Chapte r 2, Appendix 1 “Standard Permit Application Form and Filing Instructions,” an application for a permit or permit revis ion required
under this Section shall include one of the followi ng: 1. The applicant’s proposal and documentation for HAPRACT under R18-2-1706; 2. The applicant’s proposal and documentation for AZMACT under R18-2-1707; or 3. A risk management analysis submitted under R18-2-

1708.

G. Any applicant for a permit or permit revision under this Article may request accelerated permit processing under R18 -2- 326(I).

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-1706. Case-by-case HAPRACT Determination

A. The applicant shall include in the application sufficient documentation to show that the proposed control technol ogy orSupp. 12-1 Page 182 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

methodology meets the requirements of A.R.S. § 49-4 26.06
and this Section.

B. An applicant subject to R18-2-1705(B) shall propose HAPRACT for the new source or modification, to be i ncluded in the applicant’s permit or significant permit rev ision. The applicant shall document each of the following step s: 1. The applicant shall identify the range of applicable control technologies, including: a. A survey of similar emission sources to determine the emission limitations currently achieved in prac

tice in the United States; b. Controls applied to similar source categories, em issions units, or gas streams through technology tran sfer; and c. Innovative technologies that are demonstrated to be reliable, that reduce emissions for the HAP under review at least to the extent achieved by the contr oltechnology that would otherwise have been proposed and that meets all the requirements of A.R.S. § 49-426.06 and this Section. 2. The applicant shall propose as HAPRACT one of the control technologies identified under subsection (B )(1), and shall provide: a. The rationale for selecting the specific control technologies from the range identified in subsection (B)(1); b. Estimated control efficiency, described as percent HAP removed; c. Expected emission rates in tons per year and poun ds per hour; d. Expected emission reduction in tons per year and pounds per hour;e. Economic impact and cost effectiveness of implementing the proposed control technology; f. Other environmental impact of the proposed contro l technology; and g. Energy impact of the proposed technology. 3. The applicant shall identify rejected control tec hnologies identified in subsection (B)(1), and shall provide for each rejected control technology: a. The rationale for rejecting the specific control technologies identified in subsection (B)(1); b. Estimated control efficiency, described as percent HAP removed; c. Expected emission rates in tons per year and poun ds per hour; d. Expected emission reduction in tons per year and pounds per hour;e. Economic impact and cost effectiveness of implementing the rejected control technologies; f. Other environmental impact of the rejected contro l technology; and g. Energy impact of the rejected control technologie s. C. The Director shall determine whether the applicant’ s HAPRACT selection complies with A.R.S. § 49-426.06 and this Section, based on the documentation provided i n subsection (B). 1. If the Director finds that the applicant’s propos al complies with A.R.S. § 49-426.06 and this Section, the Director shall include the applicant’s proposed HAPRACT selection in the permit or permit revision. 2. If the Director finds that the applicant’s propos al fails to comply with A.R.S. § 49-426.06 and this Section, th e Director shall: a. Notify the applicant that the proposal fails to m eet requirements; b. Specify the deficiencies in the proposal; and c. State that the applicant shall submit a new HAPRACT proposal according to the licensing time-frames provisions in Chapter 1, Article 5 of
this Title. 3. If the applicant does not submit a new proposal, the Director shall deny the application for a permit or permit
revision. 4. If the Director finds that the new proposal fails to comply with A.R.S. § 49-426.06 and this Section, the Direc tor shall deny the application for a permit or permit r evision.

D. If the Director finds that a reliable method of mea suring HAP emissions is not available, the Director shall requ ire, in the permit, the applicant to comply with a design, equi pment, work practice or operational standard, or combinati on of these, but shall not impose a numeric emissions limitation upon the applicant.

E. The Director shall not impose a control technology that would require the application of measures that are incomp atible with measures required under Article 11 or 40 CFR 63. Anapplicable control technology for a source or source categ ory that is promulgated by the Administrator shall supersede co ntrol technology imposed by the Director for that source or source category.

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-1707. Case-by-case AZMACT Determination

A. The applicant shall include in the application sufficient documentation to show that the proposed control technol ogy meets the requirements of A.R.S. § 49-426.06 and this Sec tion.

B. An applicant subject to R18-2-1705(C) shall propose AZMACT for the new source or modification, to be in cluded in the applicant’s permit or permit revision. The a pplicant shall document each of the following steps: 1. The applicant shall identify all available contro l options, taking into consideration the measures cited in R18 -2- 1701(5). The analysis shall include a survey of emi ssion sources to determine the most stringent emission li mitation currently achieved in practice in the United S tates. The survey may include technologies employed outsid e of the United States, and may include controls appl ied through technology transfer to similar source categ ories and gas streams. 2. The applicant shall eliminate options that are te chnically infeasible because of source-specific factors. The applicant shall clearly document the demonstration of te chnical infeasibility, and shall base the demonstrationupon physical, chemical and engineering barriers that wo uld preclude the successful use of each control option that the applicant has eliminated. 3. The applicant shall list the remaining control te chnologies in order of overall removal efficiency for the HAP under review, with the most effective at the top of the list. The list shall include the following information, f or the control technology proposed and for any control tec hnology that is ranked higher than the proposed technol ogy: a. Estimated control efficiency, described by percent of HAP removed; b. Expected emission rate in tons per year and pound s per hour; c. Expected emission reduction in tons per year and pounds per hour; d. Economic impact and cost effectiveness; e. Other environmental impact; andArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 183 Supp. 12-1

f. Energy impact. 4. The applicant shall evaluate the most effective c ontrols, listed according to subsection (B)(3), and document the
results as follows: a. For new major sources, the applicant shall consid er the factors described in subsection (B)(3) to arriv e at the final control technology proposed as AZMACT. i. The applicant shall discuss the beneficial and adverse economic, environmental, and energy impacts and quantify them where possible, focusing on the direct impacts of each control technology. ii If the applicant proposes the top alternative inthe list as AZMACT, the applicant shall consider whether other environmental impacts
mandate the selection of an alternative control technology. If the applicant does not propose the top alternative as AZMACT, the applicantshall evaluate the next most stringent technology in the list. The applicant shall continue the evaluation process until the applicant arrives ata technology that the applicant does not eliminate because of source-specific, economic, environmental or energy impacts. b. For a modification, the applicant shall evaluate the control technologies according to subsection (B)(4)(a). AZMACT for a modification may be less stringent than AZMACT for a new source in the same source category but shall not be less stringent
than: i. In cases where the applicant has identified 30or more sources, the average emission limitation achieved by the best performing 12% ofthe existing similar sources, which the applicant shall include in the permit application; or ii. In cases where the applicant has identified fewer than 30 similar sources, the averageemission limitation achieved by the best performing five sources, which the applicant shall include in the permit application. 5. The applicant shall propose as AZMACT for the HAP

under review: a. The most effective control technology or methodol

ogy not eliminated in the evaluation described in subsection (B)(4); or b. An innovative technology that reduces emissions t o the extent achieved by the control technology that the applicant otherwise would have proposed undersubsection (5)(a), and that meets all the requirements of A.R.S. § 49-426.06 and this Section.

C. The Director shall not approve a control technologyor methodology less stringent than any applicable federal New Source Performance Standard (NSPS) at 40 CFR 60 or Nationa l Emission Standard for Hazardous Air Pollutants (NESHAP) at 40

CFR 61.

D. The Director shall determine whether the applicant’ s AZMACT proposal complies with A.R.S. § 49-426.06 an d this
Section. 1. If the Director determines that the applicant’s p roposal complies with A.R.S. § 49-426.06 and this Section, the Director shall include the applicant’s proposed AZM ACT selection in the permit or permit revision. 2. If the Director determines that the applicant’s p roposal does not comply with A.R.S. § 49-426.06 and this Se ction, the Director shall: a. Notify the applicant that the proposal does not m eet the requirements; b. Specify the deficiencies; and c. State that the applicant shall submit a new AZMACT proposal according to the provisions on licensing time-frames in Chapter 1, Article 5, of
Title 18 of the Arizona Administrative Code. 3. If the applicant does not submit a new proposal, the Director shall deny the application for a permit or permit
revision. 4. If the Director determines that the new proposal fails to comply with A.R.S. § 49-426.06 and this Section, th e Director shall deny the application for a permit or permit
revision.

E. If a reliable method of measuring HAP emissions is not available, the Director shall require the applicant to c omply with a design, equipment, work practice or operational standard, or combination of these, to be included in the applicant’s permit, but shall not impose a numeric emissions limitation

. F. The Director shall not impose a control technology that would require the application of measures that are incomp atible with measures required under Chapter 2, Article 11, of Title 18 of the Arizona Administrative Code, or 40 CFR 63. An applicable control technology for a source or source categ ory that is promulgated by the Administrator shall supersede co ntrol technology imposed by the Director for that source or source category.

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-1708. Risk Management Analyses

A. Applicability. 1. An applicant seeking to demonstrate that HAPRACT or AZMACT is not necessary to prevent adverse effects to human health or the environment by conducting an RM A shall first apply for a permit or significant permi t revision that complies with Article 3 of this Chapter. 2. An applicant seeking to demonstrate that HAPRACT or AZMACT is not necessary to prevent adverse effects to human health or the environment shall conduct a ris k management analysis (RMA) according to this Section

. 3. The RMA for a new source shall apply to: a. The source’s annual total potential to emit state HAPs for evaluation of chronic exposure; or b. The source’s hourly total potential to emit state HAPs for evaluation of acute exposure. 4. The RMA for a modified source shall apply to: a. The source’s annual total potential to emit state HAPs, after the modification, for evaluation of chronic exposure; or b. The source’s hourly total potential to emit state HAPs, after the modification, for evaluation of acu te

exposure. 5. An applicant shall conduct an RMA for each state HAP emitted by the source in greater than de minimis am ounts.
B. The applicant may use any of the following methods for conducting an RMA: 1. Tier 1: Equation. a. For emissions of a HAP included in a listed group ofhazardous compounds, other than those HAPs identified in Table 3 as selected compounds, the applicant shall determine a health-based ambient air concentration, under subsection (C)(3).Supp. 12-1 Page 184 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

b. The applicant shall determine the potential maximum hourly exposure resulting from emissions of the HAP by applying the following equation: MHE = PPH * 17.68, where:i. MHE = maximum hourly exposure in milligrams per cubic meter, and ii. PPH = hourly potential to emit the HAP in pounds per hour.c. The applicant shall determine the potential maximum annual exposure resulting from emissions of the HAP by applying the following equation: MAE = PPY * 1/MOH * 1.41, where:i. MAE = maximum annual exposure in milligrams per cubic meter, ii. PPY = annual potential to emit the HAP in pounds per year, and iii. MOH = maximum operating hours for the source, taking into account any enforceable operational limitations. d. The Director shall not require compliance with HAPRACT for the HAP, under R18-2-1706, orAZMACT, under R18-2-1707, if both of the following are true:i. The maximum hourly concentration determined under subsection (B)(1)(b) is less than the AAAC determined under subsection (C)(3);

and
ii. The maximum annual concentration determined under subsection (B)(1)(c) is less than the CAAC determined under subsection (C)(3).e. If either the maximum hourly concentration determined under subsection (B)(1)(b), or the maximum

annual concentration determined under subsection (B)(1)(c) is greater than or equal to the relevant

AAC: i. The Director shall require compliance with
HAPRACT under R18-2-1706 or AZMACT under R18-2-1707; or ii. The applicant may use the Tier 2, Tier 3 or Tier4 method for conducting an RMA under subsection (B)(2). 2. Tier 2: SCREEN Model. The applicant shall use the SCREEN Model, performed in a manner consistent with the Guideline specified in R18-2-406(A)(6)(a). The applicant shall compare the maximum concentration t hat is predicted in the ambient air with the relevant ambient air concentration determined under subsection (C). a. If the predicted maximum concentration is less th an the relevant ambient air concentration, the Directo r shall not require compliance with HAPRACT under R18-2-1706, or AZMACT under R18-2-1707. b. If the predicted maximum concentration is greater than or equal to the relevant ambient air concentra

tion: i. The Director shall require compliance with HAPRACT under R18-2-1706, or AZMACT under R18-2-1707; or ii. The applicant may use the Tier 3 or Tier 4method for determining maximum public exposure to state HAPs, under subsection (B)(3). 3. Tier 3: Modified SCREEN Model. The applicant shal luse the SCREEN Model, performed in a manner consistent with the Guideline specified in R18-2-406(A)(6 )(a). a. For evaluation of acute exposure, the applicant s hall assume exposure in the ambient air. b. For evaluation of chronic exposure: i. The applicant may use exposure assumptionsconsistent with institutional or engineering controls that are permanent and enforceable outside the permit. ii. The applicant shall notify the Director of these controls. If the Director does not approve of theproposed controls, or if the controls are not permanent and enforceable outside of the permit, the applicant shall not use the method specified in subsection (B)(3)(b) to determine maximum public exposure to the state HAP. c. If the predicted maximum concentration is less th an the relevant ambient air concentration, the Directo r shall not require compliance with HAPRACT under R18-2-1706, or AZMACT under R18-2-1707. d. If the predicted maximum concentration is greater than or equal to the relevant ambient air concentra

tion: i. The Director shall require compliance with HAPRACT under R18-2-1706, or AZMACT under R18-2-1707; or ii. The applicant may use the Tier 4 method for determining maximum public exposure to state HAPs, under subsection (B)(4). 4. Tier 4: Modified SREEN or refined air quality mod el. The applicant shall employ either the SCREEN or a refined air quality model, performed in a manner co nsistent with the Guideline specified in R18-2-406(A)(6 )(a). a. For evaluation of acute exposure, the applicant s hall assume exposure in the ambient air. b. For evaluation of chronic exposure: i. The applicant may use exposure assumptionsconsistent with institutional or engineering controls that are permanent and enforceable outside the permit. ii. The applicant shall notify the Director of these controls. If the Director does not approve of theproposed controls, or if the controls are not permanent and enforceable outside of the permit, the applicant shall assume chronic exposure in
the ambient air. c. The applicant may include in the Tier 4 RMA docu

mentation of the following factors: i. The estimated actual exposure to the HAP of persons living in the airshed of the source;ii. Available epidemiological or other health studies; iii. Risks presented by background concentrations of hazardous air pollutants; iv. Uncertainties in risk assessment methodology or other health assessment techniques; v. Health or environmental consequences from efforts to reduce the risk; or vi. The technological and commercial availability of control methods beyond those otherwise required for the source and the cost of such

methods. d. The applicant shall submit a written protocol forconducting an RMA, consistent with the requirements of this Section, to the Director for the Dire ctor’s approval. If the Director does not approve th e written protocol, the applicant may: i. Submit a revised protocol to the Director; ii. Propose HAPRACT under R18-2-1706, or AZMACT under R18-2-1707; orArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 185 Supp. 12-1

iii. Refuse to submit a revised protocol, in which case the Director shall deny the application. e. If the predicted maximum concentration is less th anthe relevant ambient air concentration, or if warranted under the factors listed in subsection (B)(4)(c), the Director shall not require complianc e with HAPRACT under R18-2-1706, or AZMACT
under R18-2-1707. f. Except as provided in subsection (B)(4)(e), if th e predicted maximum concentration is greater than or equal to the relevant ambient air concentration, th e Director shall require compliance with HAPRACT under R18-2-1706, or AZMACT under R18-2-1707.

C. Health-based Ambient Air Concentrations of State HA Ps. 1. For state HAPs for which the Director has alreadydetermined an AAC, the applicant shall use the acute and

chronic values listed in Table 3.

Table 3. Acute and Chronic Ambient Air Concentration s

Chemical Acute AAC (mg/m 3 ) Chronic AAC (mg/m 3 )

1,1,1-Trichloroethane (Methyl Chloroform) 2,075 2.30E+00

1,1,2,2-Tetrachloroethane 18 3.27E-05

1,3-Butadiene 7,514 6.32E-05

1,4-Dichlorobenzene 300 3.06E-04

2,2,4-Trimethylpentane 900 N/A

2,4-Dinitrotoluene 5.0 2.13E-05

2-Chloroacetophenone N/A 3.13E-05

Acetaldehyde 306 8.62E-04

Acetophenone 25 3.65E-01

Acrolein 0.23 2.09E-05

Acrylonitrile 38 2.79E-05

Antimony Compounds (Selected compound: Antimony) 13 1.46E-03

Arsenic Compounds (Selected compound: Arsenic) 2.5 4.41E-07

Benzene 1,276 2.43E-04

Benzyl Chloride 26 3.96E-05

Beryllium Compounds (Selected compound: Beryllium) 0.013 7.90E-07

Biphenyl 38 1.83E-01

bis(2-Ethylhexyl) Phthalate 13 4.80E-04

Bromoform 7.5 1.72E-03

Cadmium Compounds (Selected compound: Cadmium) 0.25 1.05E-06

Carbon Disulfide 311 7.30E-01

Carbon Tetrachloride 201 1.26E-04

Carbonyl Sulfide 30 N/A

Chlorobenzene 1,000 1.04E+00

Chloroform 195 3.58E-04Supp. 12-1 Page 186 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Chromium Compounds (Selected compound: Hexavalent Chromium) 0.10 1.58E-07

Cobalt Compounds (Selected compound: Cobalt) 10 6.86E-07

Cumene 935 4.17E-01

Cyanide Compounds (Selected compound: Hydrogen Cyanide) 3.9 3.13E-03

Dibenzofurans 25 7.30E-03

Dichloromethane (Methylene Chloride) 347 4.03E-03

Dimethyl formamide 164 3.13E-02

Dimethyl Sulfate 0.31 N/A

Ethyl Benzene 250 1.04E+00

Ethyl Chloride (Chloroethane) 1,250 1.04E+01

Ethylene Dibromide (Dibromoethane) 100 3.16E-06

Ethylene Dichloride (1,2-Dichloroethane) 405 7.29E- 05

Ethylene glycol 50 4.17E-01

Ethylidene Dichloride (1,1-Dichloroethane) 6,250 5.21E-01

Formaldehyde 17 1.46E-04

Glycol Ethers (Selected compound: Diethylene glycol, monoethyl ether) 250 3.14E-03

Hexachlorobenzene 0.50 4.12E-06

Hexane 11,649 2.21E+00

Hydrochloric Acid 16 2.09E-02

Hydrogen Fluoride (Hydrofluoric Acid) 9.8 1.46E-02

Isophorone 13 2.09E+00

Manganese Compounds (Selected compound: Manganese) 2.5 5.21E-05

Mercury Compounds (Selected compound: Elemental Mercury) 1.0 3.13E-04

Methanol 943 4.17E+00

Methyl Bromide 261 5.21E-03

Methyl Chloride 1,180 9.39E-02

Methyl Hydrazine 0.43 3.96E-07

Methyl Isobutyl Ketone (Hexone) 500 3.13E+00

Methyl Methacrylate 311 7.30E-01

Methyl Tert-Butyl Ether 1,444 7.40E-03Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 187 Supp. 12-1 2. For state HAPs for which an AAC has not already b een determined, the applicant shall determine the acute and chronic AACs according to the process in Appendix 1 2. 3. For specific compounds included in state HAPS lis ted as a group (e.g., arsenic compounds), the applicant may use an AAC developed according to the process in Append ix

12.

D. As part of the risk management analysis, an applicant may voluntarily propose emissions limitations under R18-2- 306.01 in order to avoid being subject to HAPRACT under R18-2 -1706,
or AZMACT under R18-2-1707.

E. Documentation of Risk Management Analysis. The appl icant shall document each RMA performed for each state HA P and shall include the following information:

1. The potential maximum public exposure of the stat e HAP; 2. The method used to determine the potential maximum public exposure: a. For Tier 1, the calculation demonstrating that th e emissions of the state HAP are less than the health

based ambient air concentration, determined under subsection (C)(3). b. For Tier 2, the input files to, and the results o f the SCREEN Modeling.

c. For Tier 3: i. The input files to, and the results of the SCREEN Modeling; and ii. The permanent and enforceable institutional or engineering controls approved by the Director under subsection (B)(3)(b).
d. For Tier 4: i. The model the applicant used; ii. The input files to, and the results of the model

ing;iii. The modeling protocol approved by the Director under subsection (B)(4)(b); and iv. The permanent and enforceable institutional or engineering controls approved by the Director under subsection (B)(4)(d);
3. The health-based ambient air concentrations deter mined under subsection (C); and 4. Any voluntary emissions limitations that the appl icant proposes under subsection (D) and R18-2-306.01.

F. An applicant may conduct an RMA for any alternative operating scenario requested in the application consistent with the requirements of this Section. The alternative operating scenario may allow a range of operating conditions if the Director
concludes that the RMA demonstrates no adverse effe cts to human health or adverse environmental effects from operations within that range. Modifications to a source consistent with the alternative operating scenario are not sub ject to this
Article.

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). N, N-Dimethylaniline 25 7.30E-03

Naphthalene 75 5.58E-05

Nickel Compounds (Selected compound: Nickel Refinery Dust) 5.0 7.90E-06

Phenol 58 2.09E-01

Polychlorinated Biphenyls (Selected Compound: Aroclor 1254) 2.5 1.90E-05

Polycyclic Organic Matter (Selected compound: Benzo(a)pyrene) 5.0 2.02E-06

Propionaldehyde 403 8.62E-04

Propylene Dichloride 250 4.17E-03

Selenium Compounds (Selected compound: Selenium) 0.50 1.83E-02

Styrene 554 1.04E+00

Tetrachloroethylene (Perchlorethylene) 814 3.20E-04

Toluene 1,923 5.21E+00

Trichloroethylene 1,450 1.68E-05

Vinyl Acetate 387 2.09E-01

Vinyl Chloride 2,099 2.15E-04

Vinylidene Chloride (1,2-Dichloroethylene) 38 2.09E-01

Xylene (Mixed Isomers) 1,736 1.04E-01Supp. 12-1 Page 188 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

R18-2-1709. Periodic Review

A. Within one year after the Administrator adds or del etes a pollutant to the federal list of hazardous air pollutants, under Section 112(b)(2) or 112(b)(3) of the Clean Air Act, t he Director shall adopt those revisions for the state list of H APs in R18-2- 1703, unless the Director finds that there is no sc ientific evidence to support the revision.

B. The Director shall review the state list of HAPs an d AACs at least once every three years.

C. Based upon the review under subsection (B), the Dir ector may revise:

1. The state list of HAPs. The Director shall add any HAP to, or delete any HAP from the state list at R18-2- 1703 according to § 112(b)(1) of the Clean Air Act, 42 U .S.C. 7412(b)(1);
2. The acute and chronic health-based ambient air co ncentrations for state HAPs;

3. The acute and chronic de minimis levels for state HAPs;
and 4. The list of included minor source categories at R 18-2-

1702.

Historical ote New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

ARTICLE 18. REPEALED

R18-2-1801. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1802. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1803. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1804. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1805. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1806. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive January 10, 2012 (Supp. 12-1).

R18-2-1807. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1808. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1809. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1810. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1811. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

R18-2-1812. Repealed

Historical ote New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).

APPEDIX 1. STADARD PERMIT APPLICATIO FORM

AD FILIG ISTRUCTIOS

FILING INSTRUCTIONS No application shall be considered complete until the Director has determined that all information required by this ap plication form and the applicable statutes and regulations has bee n submitted. The Director may waive certain application requirements for specific source types, pursuant to R18-2-304(B). For permit revisions, the applicant need only supply information which directly pertains to the revision. The Director shall develop special gu idance documents and forms to assist certain sources requiring Class 2 permits in completing the application form and filing instructions. Guidance documents can be requested by contacting the O ffice of Air Quality at the address and phone number given on th e “Standard Permit Application Form.” In addition to the information required on the appl ication form, the applicant shall supply the following: 1. Description of the process to be carried out in e ach unit (include Source Classification Code, if known). 2. Description of product.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 189 Supp. 12-1 3. Description of alternate operating scenario, if d esired by applicant (include Source Classification Code). 4. Description of alternate operating scenario produ ct, if applicable. 5. A flow diagram for all processes. 6. A material balance for all processes (optional, o nly if
emission calculations are based on a material balan ce).
7. Emissions Related Information: a. The source shall submit the potential emissions o f regulated air pollutants as defined in R18-2-101 fo r all emission sources. Emissions shall be expressed in pounds per hour, tons per year, and such otherterms as may be requested. Emissions shall be submitted using the standard “Emission Sources” portion of the “Standard Permit Application Form.”Emissions information shall include fugitive emissions in the same manner as stack emissions, regard

less of whether the source category in question is
included in the list of sources contained in the de finition of major source in R18-2-101. b. The source shall identify and describe all points of
emissions and to submit additional information related to the emissions of regulated air pollutant s sufficient to verify which requirements are applica

ble to the source and sufficient to determine any f ees under this Chapter. 8. Citation and description of all applicable requir ements as defined in R18-2-101 including voluntarily acceptedlimits pursuant to R18-2-306.01. 9. An explanation of any proposed exemptions from otherwise applicable requirements. 10. The following information to the extent it is ne eded to determine or regulate emissions or to comply with the requirements of R18-2-306.01: a. Maximum annual process rate for each piece of equipment which generates air emissions. b. Maximum annual process rate for the whole plant. c. Maximum rated hourly process rate for each piece of equipment which generates air emissions. d. Maximum rated hourly process rate for the whole plant. e. For all fuel burning equipment including generato rs, a description of fuel use, including the type used, the quantity used per year, the maximum and average quantity used per hour, the percent used for proces s heat, and higher heating value of the fuel. For sol id fuels and fuel oils, state the potential sulfur and ash

content. f. A description of all raw materials used and the m aximum annual and hourly, monthly, or quarterly quantities of each material used. g. Anticipated Operating Schedules i. Percent of annual production by season. ii. Days of the week normally in operation.iii. Shifts or hours of the day normally in operation. iv. Number of days per year in operation. h. Limitations on source operations and any work pra ctice standards affecting emissions. 11. A description of all process and control equipme nt for which permits are required including:

a. Name. b. Make (if available). c. Model (if available). d. Serial number (if available). e. Date of manufacture (if available). f. Size/production capacity. g. Type.
12. Stack Information:
a. Identification. b. Description. c. Building Dimensions. d. Exit Gas Temperature. e. Exit Gas Velocity. f. Height. g. Inside Dimensions. 13. Site diagram which includes: a. Property boundaries. b. Adjacent streets or roads.

c. Directional arrow.
d. Elevation. e. Closest distance between equipment and property boundary. f. Equipment layout. g. Relative location of emission sources or points. h. Location of emission points and non-point emissio n

areas. i. Location of air pollution control equipment.

14. Air Pollution Control Information: a. Description of or reference to any applicable tes tmethod for determining compliance with each applicable requirement. b. Identification, description and location of air p ollution control equipment, including spray nozzles andhoods, and compliance monitoring devices or activities. c. The rated and operating efficiency of air polluti on control equipment. d. Data necessary to establish required efficiency f or air pollution control equipment (e.g. air to cloth ratio for baghouses, pressure drop for scrubbers, and war

ranty information). e. Evidence that operation of the new or modified po llution control equipment will not violate any ambient air quality standards, or maximum allowable
increases under R18-2-218. 15. Equipment manufacturer’s bulletins or shop drawi ngs are acceptable for the purposes of supplying the inform ation required by any item in numbers 11, 12, or 14 of th is Appendix. 16. Compliance Plan: a. A description of the compliance status of the sou rcewith respect to all applicable requirements including, but not limited to:
i. A demonstration that the source or modification will comply with the applicable requirements contained in Article 6.
ii. A demonstration that the source or modification will comply with the applicable requirements contained in Article 7.
iii. A demonstration that the source or modification will comply with the applicable requirements contained in Article 8.
iv. A demonstration that the source or modification will comply with the applicable requirements contained in Article 9.
v. A demonstration that the source or modification will comply with the applicable requirements contained in Article 11 and in rules promulgated pursuant to A.R.S. § 49-426.03.Supp. 12-1 Page 190 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

vi. A demonstration that the source or modification will comply with the applicable requirements contained in Article 17.
vii. A demonstration that the source or modification will comply with any voluntarily accepted limitations pursuant to R18-2-306.01. b. A compliance schedule as follows: i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source willmeet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. iii. A schedule of compliance for sources that arenot in compliance with all applicable requirements at the time of permit issuance. Such a

schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or
administrative order to which the source is subject. Any such schedule of compliance shall besupplemental to, and shall not sanction noncompliance with, the applicable requirements

on which it is based. c. A schedule for submission of certified progress reports no less frequently than every six months fo r sources required to have a schedule of compliance t o remedy a violation. d. The compliance plan content requirements specifie d in this subsection shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act and incorporated pursuant to R18-2-333 with regard
to the schedule and method the source will use to achieve compliance with the acid rain emissions
limitations. 17. Compliance Certification: A certification of compliance with all applicable requirements including voluntar ily accepted limitations pursuant to R18-2-306.01 by a responsible official consistent with R18-2-309(A)(5 ). The

certification shall include: a. Identification of the applicable requirements whi ch are the basis of the certification;b. A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods; c. A schedule for submission of compliance certifica

tions during the permit term to be submitted no les s frequently than annually, or more frequently if spe cified by the underlying applicable requirement or b y the permitting authority; and d. A statement indicating the source’s compliance st atus with any applicable enhanced monitoring and compliance certification requirements. e. A certification of truth, accuracy, and completen ess pursuant to R18-2-304(H). 18. Acid Rain Program Compliance Plan: Sources subje ct to the Federal acid rain regulations shall use nationa lly-standardized forms for acid rain portions of permit app lications and compliance plans, as required by regulati ons promulgated under Title IV of the Act and incorporated pursuant to R18-2-333. 19. A new major source as defined in R18-2-401 or a major modification shall submit all information required in this Appendix and information necessary to show complian ce with Article 4 including, but not limited to:
a. For sources located in a Non-Attainment Area: i. In the case of a new major source as defined in R18-2-401 or a major modification subject to an emission limitation which is LAER (Lowest Achievable Emission Rate) for that source orfacility, the application shall contain a determination of LAER that is consistent with therequirements of the definition of LAER contained in R18-2-401. The demonstration shall contain the data and information relied upon bythe applicant in determining the emission limitation that is LAER for the source or facility for which a permit is sought. ii. In the case of a new major source as defined in R18-2-401 or a major modification subject to the demonstration requirement of R18-2- 403(A)(2), the applicant shall submit such

demonstration in a form that lists and describes all existing major sources owned or operated by the applicant and a statement of compliance with all conditions contained in the permits or
conditional orders of each of the sources. iii. In the case of a new major source as defined in R18-2-401 or a major modification subject to the offset requirements described in R18-2- 403(A)(3), the applicant shall demonstrate the manner in which the new major source or major modification meets the requirements of R18-2-

404. iv. An applicant for a new major source as definedin R18-2-401 or a major modification for volatile organic compounds or carbon monoxide (or both) which will be located in a nonattainment area for photochemical oxidants or carbon monoxide (or both) shall submit the analysis described in R18-2-403(B).
b. For sources located in an Attainment Area:
i. A demonstration of the manner in which a new major source or major modification which will be located in an attainment area for a pollutant for which the source is classified as a major

source as defined in R18-2-401 or the modification is classified as a major modification will meet the requirements of R18-2-406. ii. In the case of a new major source as defined in R18-2-401 or major modification subject to an emission limitation which is BACT (Best Available Control Technology) for that sourceor facility, the application shall contain a determination of BACT that is consistent with the requirements of the definition of BACT con-Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 191 Supp. 12-1

tained in R18-2-101. The demonstration shall contain the data and information relied upon bythe applicant in determining the emission limitation that is BACT for the source or facility for which a permit is sought. iii. In the case of a new major source as defined in R18-2-401 or major modification required to perform and submit an air impact analysis in the form prescribed in R18-2-407, such an analysis shall meet the requirements of R18-2- 406. Unless otherwise exempted in writing by the Director, the air impact analysis shall include all of the information and data specified

in R18-2-407. iv. If an applicant seeks an exemption from any orall of the requirements of R18-2-406, the applicant shall provide sufficient information anddata in the application to demonstrate compliance with the requirements of the subsection(s) under which an exemption is sought. 20. Calculations on which all information requested in this Appendix is based.Supp. 12-1 Page 192 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

STADARD PERMIT APPLICATIO FORM

(As required by A.R.S. § 49-426, and A.A.C. Title 1 8, Chapter 2, Article 3)

ARIZOA DEPARTMET OF EVIROMETAL QUALITY

OFFICE OF AIR QUALITY

P.O. Box 600 • Phoenix, AZ 85001-0600 • Phone: (602) 207-2338

PAGE 1 OF 2 1. Permit to be issued to: (Business license name of organization that is to r eceive permit)

2. Mailing Address:

City: State: ZIP:

3. Plant Name (if different item #1 above):

4. Name (or names) of Owner or Operator: Phone:

5. Name of Owner’s Agent: Phone:

6. Plant/Site Manager or Contact Person: Phone:

7. Proposed Equipment/Plant Location Address:

City: County: ZIP:

Indian Reservation (if applicable):

Section/Township/Range, Latitude/Longitude, Elevati on:

8. General Nature of Business:

Standard Industrial Classification Code:

9. Type of Organization:

Corporation Individual Owner

Partnership Government Entity (Government Facility Code: )

Other

10. Permit Application Basis: New Sour ce Revision Renewal of Exi sting Permit

Portable Source General Pe rmit (Check all that apply.)

For renewal or modification, include existing permi t number:

Date of Commencement of Construction or Modificatio n:

Is anyof the equipment to be leased to another individua l or entity? Yes No

11. Signature of Responsible Official of Organizatio n:

Official Title of Signer:

12. Typed or Printed Name of Signer:

Date: Telephone Number:Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 193 Supp. 12-1 ADEQ/OAQ/100B

Historical ote Former Appendix 1 repealed, new Appendix 1 adopted effective October 2, 1979 (Supp. 79-5). Amended eff ective May 28, 1982 (Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-5). Amended effective December 1, 1988 (S upp. 88-4). Appendix 1 repealed, new Appendix 1 adopted effective November 15, 1993 (Supp. 93-4). Amended effective October 7 , 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). The reference to R18-2-101(80) amended to reference R18 -2-101(84) (Supp. 99-3).

Amended by final rulemaking at 12 A.A.R. 1953, effe ctive January 1, 2007 (Supp. 06-2).Supp. 12-1 Page 194 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

APPEDIX 2. TEST METHODS AD PROTOCOLS

The following test methods and protocols are approv ed for use as directed by the Department under this Chapter. Thes e standards are incorporated by reference as applicable requirement s revised as of July 1, 2006, and no future editions or amendments. These standards are on file with the Department, and are also available from the U.S. Government Printing Office, Superintendentof Documents, Mail Stop SSOP, Washington, D.C. 20402-9328. 1. 40 CFR 50; 2. 40 CFR 50, Appendices A through N; 3. 40 CFR 51, Appendix M, Section IV of Appendix S, and Appendix W; 4. 40 CFR 52, Appendices D and E; 5. 40 CFR 53; 6. 40 CFR 58; 7. 40 CFR 58, all appendices; 8. 40 CFR 60, all appendices; 9. 40 CFR 61, all appendices; 10. 40 CFR 63, all appendices; 11. 40 CFR 75, all appendices.

Historical ote Former Appendix 2 repealed, new Appendix 2 adopted effective October 2, 1979 (Supp. 79-5). Amended effective May 28, 1982 (Supp. 82-3). Amended effective December 1, 1988 (Supp. 88-4). Repealed effective November 15, 1993 (Supp. 93-4). New Appendix 2 adopted effective December 7, 1995 (Supp. 95-4). Amended effective May 9, 1996 (Supp. 96-2). Amended effective April 4, 1997; filed with the Office of the Secretary of State March 14, 1997 (Supp. 97-1). 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, effec tive May 24, 2002 (Supp. 02-2). Amended by final rulemak

ing at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A .R. 3305, effective October 3, 2005 (Supp. 05-3). Amend ed by final rulemaking at 13 A.A.R. 4199, effective Ja nuary

5, 2008 (Supp. 07-4).

APPEDIX 3. LOGGIG

1. Each log entry required by a change under R18-2- 317.02(B) shall include at least the following info rmation: a. A description of the change, including: i. A description of any process change.ii. A description of any equipment change, including both old and new equipment descriptions, model numbers and serial numbers, or any other unique equipment number. iii. A description of any process material change. b. The date and time that the change occurred. c. The provision of R18-2-317.02(B) that authorizes the change to be made with logging. d. The date the entry was made and the first and las t name of the person making the entry. 2. Logs shall be kept for five years from the date c reated. Logging shall be performed in indelible ink in a bo und log book with sequentially numbered pages, or in any other form, including electronic format, approved b y the
Director.

Historical ote Appendix 3 adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

APPEDIX 4. RESERVED

APPEDIX 5. REPEALED

Historical ote Appendix 5 repealed effective November 15, 1993

(Supp. 93-4).

APPEDIX 6. REPEALED

Historical ote Adopted effective August 7, 1975 (Supp. 75-1). Form er Appendix 6 repealed, new Appendix 6 adopted effecti ve July 7, 1978 (Supp. 78-4). Former Appendix 6 repeal ed effective May 14, 1979 (Supp. 79-1).

APPEDIX 7. REPEALED

Historical ote Adopted effective December 22, 1976 (Supp. 76-5). Former Appendix 7 repealed, new Appendix 7 adopted effective January 8, 1980 (Supp. 80-1). Editorial c orrection, Instructions for Schedule 2, paragraph (15) ( Supp. 80-2). Repealed effective September 26, 1990

(Supp. 90-3).

A8. APPEDIX 8

PROCEDURES FOR UTILIZIG THE SULFUR BALACE

METHOD FOR DETERMIIG SULFUR EMISSIOS

A8.1. Calculating Input Sulfur Total sulfur input is the sum of the product of the weight of each sulfur bearing material introduced into the sm elting process as calculated in A8.1.1. multiplied by the fra ction of sulfur contained in that material as calculated in A8. 1.2. plus the
amount of sulfur contained in fuel utilized in the smelting process as calculated in A8.1.3. A8.1.1. Material Weight The owner or operator of a copper smelter shall wei gh all sulfur-bearing materials, other than fuels, introducedinto the smelting process. The weighing shall be subject to the following conditions: A8.1.1.1. Weight shall be determined on a belt scale , rail or truck scales, or other weighing device. A8.1.1.2. Weight shall be determined within an accur acy of ± 5%. A8.1.1.3. All devices or scales used for weighing sh all be calibrated to manufacturer’s specifications at least once a mo nth. A8.1.1.4. Sulfur-bearing materials subject to being weighed include concentrate, cement copper, reverts that are discar ded and not part of the internal circulating load and precipita tes. Materials
such as limestone and silica flux that are mixed wi th a charge of sulfur bearing materials shall be weighed and re ported by the owner or operator.
A8.1.2. Sulfur Content The owner or operator shall calculate the sulfur co ntent of all sulfur-bearing materials introduced into the smelti ng process using the following steps or an alternative method approved according to A8.4.1. A8.1.2.1. Sampling The procedures followed by the owner or operator insampling are dependent upon the input vehicles for the sulfur-bearing

material.
A8.1.2.1.1. Beltfeed The smelter owner or operator shall collect a five- pound sample each hour. The owner or operator shall combine hourly samples for a total daily sample.
A8.1.2.1.2. RailcarArizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 195 Supp. 12-1 The smelter owner or operator shall collect a 24-po und sample from each car by the auger method at a minimum of four locations. The owner or operator shall combine each car sample with all other car samples for a total lot sample.
A8.1.2.1.3. Truck The owner or operator shall collect a 12-pound samp le from each truck load. The owner or operator shall take s amples at two locations during unloading. If more than one truck delivers a single lot, the samples from each truck shall be combined for a total lot sample. A8.1.2.2. Sample Preparation The owner or operator shall prepare each total samp le for analysis in the following manner: A8.1.2.2.1. The sample shall be crushed to minus 1⁄4 i nch particles. A8.1.2.2.2. 2000 gm of the sample shall be split outusing a Jones Riffle Splitter or similar device. A8.1.2.2.3. The 2000 gm sample shall be pulverized t o minus
150 mesh. A8.1.2.2.4. The pulverized mass shall be mixed usinga rolling

cloth. A8.1.2.2.5. 500 gm shall be split out for sample ana lysis. A8.1.2.3. Sample Analysis A8.1.2.3.1. The owner or operator shall analyze the sample to determine sulfur content using the Barium Sulfate ( BaSO 4 ) Gravimetric Method according to A8.4.3. The analysi s shall
be accurate to within ± 1%. A8.1.2.3.2. For purposes of comparison, the owner o r operator shall analyze the sample for copper content using the Potassium Iodide (KI) Titration Method according to A8.4 .3. The analysis shall be accurate to within ± 1%.
A8.1.3. Fuel Sulfur Content The owner or operator shall calculate sulfur in fue ls by multiplying the amount of fuel that enters the process b y the fraction of sulfur in the fuel, as reported to the smel ter operator by the fuel’s supplier. The sulfur content determinati on shall be
accurate to within ± 5%. A8.2. Calculating Removed Sulfur

Total removed sulfur is the sum of the removed sulf ur in each of the following products as determined by each pro cess set forth below, or by other processes approved accordi ng to
A8.4.1. A8.2.1. Furnace and Convertor Slags A8.2.1.1. The owner or operator shall determine the weight of each slag using a scale with an accuracy within ± 5%. A8.2.1.2. The owner or operator shall collect a fiv e-pound sample from each slag pot during tapping operations. A8.2.1.3. The owner or operator shall prepare the sample and determine the amount of sulfur and copper using the proc edures specified in A8.1.2.2. and A8.1.2.3. A8.2.2. Dust Collection Equipment Dusts A8.2.2.1. After the owner or operator collects the d ust and places it in a rail car or truck they shall weigh it using a scale with an accuracy within ± 5%. A8.2.2.2. The owner or operator shall sample the dus t and prepare and analyze a sample for sulfur and copper using th e procedures specified in A8.1.2.1., A8.1.2.2., and A8.1.2 .3. A8.2.3. Strong Acids A8.2.3.1. The owner or operator shall take an invent ory of strong acids daily by means of a manometer or sight glass, and increase the inventory by the amounts of acid shipp ed or otherwise transferred during that day. A8.2.3.2. The owner or operator shall ensure the dai ly inventory
will be accurate to within ± 5%. A8.2.3.3. The owner or operator shall take a sample of each batch of the inventoried acid and analyze the sample for sulfur, according to the procedures in A8.1.2.3.
A8.2.4. Weak Acids A8.2.4.1. The owner or operator shall determine the amount of weak acid discharged from an acid plant and scrubbe r systems by a time volumetric method of measurement in gallo ns per minute and to an accuracy of within ±20%. A8.2.4.2. The owner or operator shall analyze a 500 ml sample of the weak acid daily for sulfur content according to the procedures in A8.1.2.3. A8.2.5. Sulfur in Copper Production A8.2.5.1. The owner or operator shall determine the weight of copper produced by weight of copper cast to an accurac y of within

± 5%. A8.2.5.2. The owner or operator shall record the wei ght and number of castings. A8.2.5.3. The owner or operator shall obtain a sampl e of the copper, either by the grab sample method while casting , or by the use of at least three drill holes on a representati ve casting from each charge. A8.2.5.4. The owner or operator shall obtain at leas t one sample from each charge. A8.2.5.5. The owner or operator shall analyze each s ample for sulfur content using the Barium Sulfate (BaSO 4 ) Gravimetric Method according to A8.4.3. The analysis shall be a ccurate to within ± 50%.
A8.2.6. Materials in Process A8.2.6.1. The owner or operator shall determine the total tonnage of materials in process by physical inventory on th e first or last day of each month. A8.2.6.2. The owner or operator shall calculate a mo nthly change in in-process inventory for each material in proces s by taking the difference between the inventory from each mate rial in process on the first or last day of the preceding m onth and multiplying that difference by the monthly composit e sulfur assay for that material. A8.2.6.3. The change in monthly in-process inventory shall be
accurate to within ± 50%. A8.3. Sulfur Dioxide Emissions Monitoring A8.3.1. The sulfur dioxide emissions monitoring and recording system required under R18-2-715.01(K) through R18-2

- 715.01(N) shall meet the following specifications: A8.3.1.1. The monitoring system shall be capable of continuously monitoring sulfur dioxide emissions with an accurac y of
within ±20% and a confidence level of 95%. A8.3.1.2. The owner or operator shall operate and ca librate the sulfur dioxide emission monitoring and recording equip ment according to manufacturer’s specifications for the equipment except that calibration shall be done at least once every 24
hours. A8.3.2. The sulfur removal equipment bypass monitori ng required under R18-2-715.01(Q) shall consist of a d etector and recorder system capable of producing a permanent re cord of all periods that the bypass is in operation.
A8.4. General Provisions A8.4.1. For purposes of this Appendix, an approved a lternative method, process, or procedure, must be approved in writing by
the Director and the U.S. Environmental Protection Agency. A8.4.2. The processes and procedures specified in t his Appendix shall be available for inspection, review and verif ication by the Department at all reasonable times. A8.4.3. The barium sulfate gravimetric test method and potassium iodide titration test method provided in Standard Methods of Chemical Analysis, Volume One, The Elements, Sixth Edition, N. Howell Furman (ed.), D. Van Nostrand Company, In c.,Supp. 12-1 Page 196 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Princeton, New Jersey, 1962, pages 410-411, 1006-10 11, and 1342-1343 (and no future editions or amendments) is incorporated by reference and available at the Department.

Historical ote Adopted effective December 22, 1976 (Supp. 76-5). C orrection, Appendix 8, A8-2-1.1 (Supp. 77-2). Amended effective May 28, 1982 (Supp. 82-3). Amended effect ive November 15, 1993 (Supp. 93-4). Amended by final ru lemaking at 11 A.A.R. 2216, effective July 18, 2005 ( Supp. 05-2).

A9. APPEDIX 9

MOITORIG REQUIREMETS

A9.1. Unless otherwise approved by the Director or s pecified in applicable Sections, the requirements of this Appen dix shall apply to all continuous monitoring systems requiredunder applicable Sections. A9.2. All continuous monitoring systems and monitori ng devices shall be installed and operational prior to conducting performance tests under rule R18-2-312. Verificatio n of operational status shall, as a minimum, consist of the f ollowing: A9.2.1. For continuous monitoring systems referenced in A9.3.1. below, completion of the conditioning period specif ied by applicable requirements in the Arizona Testing Manu al and 40

CFR 60. A9.2.2. For continuous monitoring systems referenced in A9.3.2. below, completion of seven days of operation. A9.2.3. For monitoring devices referenced in other a pplicable Sections, completions of the manufacturer’s writtenrequirements or recommendations for checking the operationor calibration of the device. A9.3. During any performance tests required under ru le R18-2- 312 or within 30 days thereafter and at such other times as may be required by the Director, the owner or operator of any affected facility shall conduct continuous monitori ng system performance evaluations and furnish the Director wi thin 60 days thereof, 2, or upon request, more copies of a written report of the results of such tests. The continuous monitoring system performance evaluations shall be conducted i n accordance with the following specifications and procedu res: A9.3.1. Continuous monitoring systems listed within this subsection, except as provided in A9.3.2. below shall be evaluated in accordance with the requirements and procedures contained in the applicable performance specification of the Ari zona Testing Manual and 40 CFR 60. A9.3.1.1. Continuous monitoring systems for measurin g opacity of emissions shall comply with Performance Specificati on 1. A9.3.1.2. Continuous monitoring systems for measurin g nitrogen oxides emissions shall comply with Performance Spec ification

2. A9.3.1.3. Continuous monitoring systems for measurin g sulfur dioxide emissions shall comply with Performance Spe cification 2. A9.3.1.4. Continuous monitoring systems for measurin g the oxygen content or carbon dioxide content of effluent g ases shall comply with Performance Specification 3. A9.3.2. An owner or operator who, prior to September 11, 1974, entered into a binding contractual obligation to purchase specific continuous monitoring system components excep t as referenced by A9.3.2.3. below shall comply with the fo llowing requirements: A9.3.2.1. Continuous monitoring systems for measurin g opacity of emissions shall be capable of measuring emission le vels
within ± 20%. The Calibration Error Test and associated calc ulation procedures set forth in Performance Specific ation 1 of 40 CFR 60, Appendix B shall be used for demonstrati ng compliance with this specification. A9.3.2.2. Continuous monitoring systems for measurem ent of nitrogen oxides or sulfur dioxide shall be capable of measuring
emission levels within ± 20% with a confidence level of 95%. The Calibration Error Test, the Field Test for Accuracy (Relative), and associated operating and calculation pro cedures set forth in Performance Specification 2 of 40 CFR 60, Appendix B shall be used for demonstrating compliance with this specification. A9.3.2.3. Owners or operators of all continuous moni toring systems installed on an affected facility prior to Oct ober 6, 1975, are not required to conduct tests under A9.3.2.1. and/or A9.3.2.2. above unless requested by the Director. A9.3.3. All continuous monitoring systems referenced by A9.3.2. above shall be upgraded or replaced (if necessary) with new continuous monitoring systems, and such improved sy stems shall be demonstrated to comply with applicable per formance specifications under A9.3.1. above by September 11, 1979. A9.4. Owners or operators of all continuous monitori ng systems installed in accordance with the provisions of these rules shall check the zero and span drift at least once d aily in accordance with the method prescribed by the manufacture r of such systems unless the manufacturer recommends adjustme nts at shorter intervals, in which case such recommendatio ns shall be followed. The zero and span shall, as a minimum, be adjusted

whenever the 24-hour zero drift or 24-hour calibrat ion drift limits of the applicable performance specifications in 40 CFR 60, Appendix B are exceeded. For continuous monitor ing systems measuring opacity of emissions, the optical su rfaces exposed to the effluent gases shall be cleaned prio r to performing the zero or span drift adjustments except that for systems using automatic zero adjustments, the optical surfa ces shall be cleaned when the cumulative automatic zero compensation exceeds 4% opacity. Unless otherwise approved by th e Director, the following procedures, as applicable, shall be followed: A9.4.1. For extractive continuous monitoring systems measuring gases, minimum procedures shall include introducing applicable zero and span gas mixtures into the measurement system as near the probe as practical. Span and zero gases ce rtified by
their manufacturer to be traceable to the National Bureau of Standards reference gases will be used whenever the se reference gases are available. The span and zero gas mix tures shall be the same composition as specified in the 40 CFR 60, Appendix B. Every six months from date of manufacture, span and zero gases shall be re-analyzed by conducting t riplicate analyses with Reference Methods 6 for SO 2 , 7 for NOx and 3

for O 2 and CO 2 , respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are g uaranteed by
the manufacturer. A9.4.2. For nonextractive continuous monitoring syst ems measuring gases, minimum procedures shall include upsc ale check(s) using a certified calibration gas cell or test cell which is functionally equivalent to a known gas concentra tion. The zero check may be performed by computing the zero v alue from upscale measurements or by mechanically produc ing a

zero condition. A9.4.3. For continuous monitoring systems measuring opacity of emissions, minimum procedures shall include a metho d for producing a simulated zero opacity condition and anupscale (span) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a sys tem check of the analyzer internal optical surfaces and all e lectronic circuitry including the lamp and photodetector assembl y.Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 197 Supp. 12-1 A9.5. Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required unde r A9.4. above, all continuous monitoring systems shall be i n continuous operation and shall meet minimum frequency of o peration requirements as follows: A9.5.1. All continuous monitoring systems referenced by A9.3.1. and A9.3.2. above for measuring opacity of emission s shall complete a minimum of one cycle of operation (sampl ing, analyzing, and data recording) for each successive 10- second period. A9.5.2. All continuous monitoring systems referenced by A9.3.1. above for measuring oxides of nitrogen, sulfur diox ide, carbon dioxide, or oxygen shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. A9.5.3. All continuous monitoring systems referenced by A9.3.2. above, except opacity, shall complete a minimum of one cycle of operation (sampling, analyzing, and data recordi ng) for each successive one-hour period. A9.6. All continuous monitoring systems for monitori ng devices shall be installed such that representative measurements of emissions or process parameters from the a ffected facility are obtained. Additional procedures for lo cation of continuous monitoring systems contained in the appl icable Performance Specifications of 40 CFR 60, Appendix B shall
be used. A9.7. When the effluents from a single affected faci lity or two or more affected facilities subject to the same emi ssion standards are combined before being released to the atm osphere, the owner or operator may install applicable continuous monitoring systems on each effluent or on the combined effluent. When the affected facilities are not subject to the same emission standards, separate continuous monitoring syst ems shall
be installed on each effluent. When the effluent fr om one affected facility is released to the atmosphere thr ough more than one point, the owner or operator shall install applicable continuous monitoring systems on each separate effl uent unless the installation of fewer systems is approve d by the

Director. A9.8. Owners or operators of all continuous monitori ng systems for measurement of opacity shall reduce all da ta to sixminute averages and for systems other than opacity to onehour averages, respectively. Six minute opacity ave rages shall be calculated from 24 or more data points equally s paced over each six-minute period. For systems other than opac ity, onehour averages shall be computed from four or more d ata points equally spaced over each one-hour period. Data reco rded during periods of system breakdowns, repairs, calibrat ion checks, and zero and span adjustments shall not be included in the data averages computed under this subsection. An arithme tic or integrated average of all data may be used. The dat a output of all continuous monitoring systems may be recorded i n reduced or nonreduced form (e.g. ppm pollutant and percent O 2 or lb/ million Btu of pollutant). All excess emissions sha ll be converted into units of the standard using the applicable conversion procedures specified in subparts. After conver sion into units of the standard, the data may be rounded to the same number of significant digits used in these rules to specify the applicable standard (e.g., rounded to the nearest 1 % opacity). A9.9. Upon written application by an owner or operat or, the Director may approve alternatives to any monitoringprocedures or requirements of these rules including, but not limited to the following: A9.9.1. Alternative monitoring requirements when ins tallation of a continuous monitoring system or monitoring device specified by these rules would not provide accurate meas urements due to liquid water or other interferences caused b y substances with the effluent gases. A9.9.2. Alternative monitoring requirements when the affected facility is infrequently operated. A9.9.3. Alternative monitoring requirements to accommodate continuous monitoring systems that require addition al measurements to correct for stack moisture conditions. A9.9.4. Alternative locations for installing continu ous monitoring systems or monitoring devices when the owner or ope rator can demonstrate that installation at alternate location s will enable accurate and representative measurements. A9.9.5. Alternative methods of converting pollutant concentration measurements to units of the standards. A9.9.6. Alternative procedures for performing daily checks of zero and span drift that do not involve use of spangases or test cells.
A9.9.7. Alternatives to the ASTM test methods or sampling procedures specified by any subpart. A9.9.8. Alternative continuous monitoring systems th at do not meet the design or performance requirements in Perf ormance Specification 1 in 40 CFR 60, Appendix B but adequa tely demonstrate a definite and consistent relationship between its measurements and the measurements of opacity by a s ystem complying with the requirements in Performance Spec ification 1. The Director may require that such demonstrationbe performed for each affected facility. A9.9.9. Alternative monitoring requirements when the effluent from a single affected facility or the combined eff luent from
two or more affected facilities are released to the atmosphere through more than one point.

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective September 26, 1990 (Supp. 90-3). Amended effective June 15, 1995 (Supp. 95-2).

APPEDIX 10. REPEALED

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective July 9, 1980 (Supp. 80-4). Amended effect ive June 19, 1981 (Supp. 81-3). Repealed by final rulem aking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09 -1).

APPEDIX 11. REPEALED

Historical ote Adopted effective May 14, 1979 (Supp. 79-1). Amende d effective September 11, 1983 (Supp. 83-5). Repealed by final rulemaking at 15 A.A.R. 281, effective March 7,

2009 (Supp. 09-1).

A12. APPEDIX 12

PROCEDURES FOR DETERMIIG AMBIET AIR

COCETRATIOS FOR

HAZARDOUS AIR POLLUTATS

A12.1 The procedure described in this appendix shall be used to develop chronic ambient air concentrations (CAACs) and acute ambient air concentrations (AAACs) for ha zardous air pollutants (HAPs) for the following: A12.1.1 Any HAP not included in Article 17, Table 3; and A12.1.2 Any compound included in a group of HAPs lis ted in Article 17, Table 3, other than those identifiedin the group listing as the “selected” compound.

A12.2 Chronic Ambient Air Concentrations A12.2.1 The applicant shall review the following dat a sources and, except as otherwise provided, shall gi ve them the priority indicated in the development of CAACs:Supp. 12-1 Page 198 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

A12.2.1.1 Tier 1 Data Sources: Reference Concentrati ons (RfCs) and air Unit Risk Factors (URFs) as presente d in the Integrated Risk Information System (IRIS) of the Un ited States Environmental Protection Agency (EPA).
A12.2.1.2. Tier 2 Data Sources: A12.2.1.2.1. Preliminary Remediation Goals (PRGs) de veloped by Region 9 of EPA. A12.2.1.2.2. Risk-Based Concentrations (RBCs) develo ped by Region 3 of EPA.
A12.2.1.3. Tier 3 Data Sources: A12.2.1.3.1 Minimal Risk Levels (MRLs) developed by the Agency for Toxic Substances and Disease Registry (A TSDR). A12.2.1.3.2 Reference Exposure Levels (RELs) and Uni t Risk Factors (CalURFs) developed by the California Envir onmental Protection Agency.
A12.2.2 Evaluation of Tier 1 Values
A12.2.2.1 Calculation of Concentrations A12.2.2.1.1 RfCs shall be multiplied by 1.04 to refl ect an assumed exposure of 350, rather than 365 days per y ear. A12.2.2.1.2 URFs shall be transformed into concentrations in milligrams per cubic meter (mg/m 3 ) by applying the following equation: TR x ATc/(EF x IFA adj x [URF x BW/IR]) where: TR = 1E-06, ATc = 25,550 days, EF = 350 days /year, IFA adj = 11 m 3 -year/kg-day, BW = 70 kg, IR = 20 m 3 /day A12.2.2.2 Comparison to Tier 2 and Tier 3 Concentrations The concentration developed in accordance with sect ion A12.2.2.1 shall be compared to the Tier 2 and Tier 3 concentrations for the compound, if any. URF-based concentrations shall be compared only to concentrations based on C alURFs. RfC-based concentrations shall be compared to conce ntrations based on PRGs, RBCs, MRLs and RELs. A12.2.2.2.1 If there is reasonable agreement between the Tier 1
concentration and the other concentrations for the compound,
the Tier 1 concentration shall be selected as the C AAC.
A12.2.2.2.2 If the Tier 1 concentration is not in re asonable agreement with the other concentrations, and one of the other concentrations is based on more recent or relevant stu dies, that

concentration shall be selected as the CAAC. Otherw ise the
Tier 1 concentration shall be selected.
A12.2.2.3 If both an RfC-based and URF-based Tier 1 concentration is selected under section A12.2.2.2, the mo re stringent
of the two shall be used as the CAAC.
A12.2.2.4 If a Tier 1 value is selected in accordanc e with this section, no further evaluation of Tier 2 or Tier 3 concentrations is required.
A12.2.3 Evaluation of Tier 2 Concentrations

A12.2.3.1 Selection of Tier 2 Values for Further Eva luation A12.2.3.1.1 If there is only a PRG or RBC for the co mpound, it
shall be selected for further evaluation in accordance with section A12.2.3.2.
A12.2.3.1.2 If there is both a PRG and an RBC for th e compound, the concentrations shall be compared. If the concentrations are similar, the PRG shall be selected for fu rther evaluation. If the concentrations are not similar, and the RBC is based on more relevant or more recent studies, i t shall be

selected for further evaluation. Otherwise the PRG shall be
selected. A12.2.3.2 Comparison to Tier 3 Concentrations The concentration developed in accordance with sect ion A12.2.3.1 shall be compared to the Tier 3 concentra tions for the compound, if any. For purposes of this comparis on, only

MRL- or REL-based concentrations shall be considere d. A12.2.3.2.1 If there is reasonable agreement betweenthe Tier 2
concentration and the Tier 3 concentrations for the compound,

the Tier 2 concentration shall be selected as the C AAC.
A12.2.3.2.2 If the Tier 2 concentration is not in re asonable agreement with the Tier 3 concentrations, and one of the Tier 3 concentrations is based on more recent or relevant stu dies, that
concentration shall be selected as the CAAC. Otherw ise the
Tier 2 concentration shall be selected.

A12.2.3.3 If a Tier 2 concentration is selected in a ccordance with section A12.2.3, no further evaluation of Tier3 concentrations is required.

A12.2.4 Evaluation of Tier 3 Values
A12.2.4.1 Calculation of Concentrations A12.2.4.1.1 MRLs and RELs shall be multiplied by 1.0 4 to reflect an assumed exposure of 350, rather than 365 , days per

year. A12.2.4.1.2 CalURFs shall be transformed into concen trations in milligrams per cubic meter (mg/m 3 ) by applying the following equation: TR x ATc/(EF x IFA adj x [CalURF x BW/IR]) where: TR = 1E-06, ATc = 25,550 days, EF = 350 days /year, IFA adj = 11 m 3 -year/kg-day, BW = 70 kg, IR = 20 m 3 /day
A12.2.4.2 Selection of Concentration

A12.2.4.2.1 If both an MRL and an REL exist for the compound, the most appropriate shall be selected after consid ering the relevance and timing of the studies on which the level s are based.

A12.2.4.2.2 If there is both a CalURF-based concentr ation and a concentration based on an MRL or REL for the compound, the more stringent of the two shall be selected.

A12.2.5 No Available Data If there is no data available in any of the sources identified in section A12.2.1 for the compound, the applicant mus t perform a Tier 4 Risk Management Analysis under R18-2-1708 or forego the Risk Management Analysis option.
A12.3 Acute Ambient Air Concentrations

A12.3.1 Selection of Concentration The first concentration identified by evaluating th e following data sources in the order listed shall be adjusted, where required, and used as the AAAC for the compound: A12.3.1.1 The level 2, four-hour average Acute Expos ure Guideline Level developed by the EPA Office of Prev ention,

Pesticides and Toxic Substances. A12.3.1.2 The level 2 Emergency Response Planning Gu ideline (ERPG) developed by the American Industrial Hy giene Association. The AAAC shall be the ERPG divided by 2. A12.3.1.3 The level 2 Temporary Emergency Exposure L imit (TEEL) developed by the United States Department of Energy’s Emergency Management Advisory Committee’s Subcommittee on Consequence Assessment and Protecti ve Action. The AAAC shall be the TEEL divided by 2.

A12.3.2 No Available Data If there is no data available in any of the sources identified in section A12.3.1, the applicant must perform a Tier 4 Risk Management Analysis under R18-2-1708 or forego the Risk Management Analysis option.

Historical ote New Appendix 12 made by final rulemaking at 12 A.A. R. 1953, effective January 1, 2007 (Supp. 06-2).

APPEDIX 13. REPEALED

Historical ote New Appendix 13 made by final rulemaking at 14 A.A. R. 2404, effective July 8, 2008 (Supp. 08-2). Appendix repealed by final rulemaking at 18 A.A.R. 250, effe ctive

January 10, 2012 (Supp. 12-1).