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220, repealed effective August 8, 1991 (Supp. 91-3).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 renumbered as

Article 2, Sections R18-2-201, R18-2-202, R18-2-204 through R18-

2-207, and R18-2-215 through R18-2-219 (Supp. 87-3).

Section

R18-2-201. Particulate matter: PM10 and PM2.5

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

R18-2-203. Ozone: 1-hour standard and 8-hour averaged 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 Unclassifiable Area

Designations

R18-2-211. Reserved

R18-2-212. Reserved

R18-2-213. Reserved

R18-2-214. Reserved

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

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

Evaluation of Air Quality Data

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

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

Areas

R18-2-219. 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and R9-3-321 through R9-3-323 repealed effective &ovember 15,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 renumbered as Article 3, Sections

R18-2-301 through R18-2-319 and R18-2-321 through R18-2-323

(Supp. 87-3).

Section

R18-2-301. Definitions

R18-2-302. Applicability; Classes of Permits

R18-2-302.01. Repealed

R18-2-303. Transition from Installation and Operating 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 Accepted Emission

Limitations and Standards

R18-2-306.02. Establishment of an Emissions Cap

R18-2-307. Permit Review by the EPA and Affected States

R18-2-308. Emission Standards and Limitations

R18-2-309. Compliance Plan; Certification

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

Malfunctions, Startup, and Shutdown

R18-2-310.01. Reporting Requirements

R18-2-311. Test Methods and Procedures

R18-2-312. Performance Tests

R18-2-313. Existing Source Emission Monitoring

R18-2-314. Quality Assurance

R18-2-315. Posting of Permit

R18-2-316. Notice by Building Permit Agencies

R18-2-317. Facility Changes Allowed Without Permit Revisions

- Class I

R18-2-317.01. Facility Changes that Require a Permit Revision -

Class II

R18-2-317.02. Procedures for Certain Changes that do not Require

a Permit Revision - Class II

R18-2-318. Administrative Permit Amendments

R18-2-318.01. Annual Summary Permit Amendments for Class II

Permits

R18-2-319. Minor Permit Revisions

R18-2-320. Significant Permit Revisions

R18-2-321. Permit Reopenings; Revocation and Reissuance;

Termination

R18-2-322. Permit Renewal and Expiration

R18-2-323. Permit Transfers

R18-2-324. Portable Sources

R18-2-325. Permit Shields

R18-2-326. Fees Related to Individual Permits

R18-2-326.01. Emissions-Based Fee Increase Related to Individual

Permits for Fiscal Year 2011

R18-2-327. Annual Emissions Inventory Questionnaire

R18-2-328. Conditional Orders

R18-2-329. Permits Containing the Terms and Conditions of

Federal Delayed Compliance Orders (DCO) or Consent Decrees

R18-2-330. Public Participation

R18-2-331. Material Permit Conditions

R18-2-332. Stack Height Limitation

R18-2-333. Acid Rain

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 through R18-2-

610 (Supp. 93-4).

Article 4 consisting of Sections R9-3-401 through R9-3-410

renumbered as Article 4, Sections R18-2-401 through R18-2-410

(Supp. 87-3).
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 Nonattainment 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 in Attainment and Unclassifiable Areas 

R18-2-407. Air Quality Impact Analysis and Monitoring

Requirements

R18-2-408. Innovative Control Technology

R18-2-409. Air Quality Models

R18-2-410. Visibility Protection

R18-2-411. 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 through R18-2-

730 (Supp. 93-4).

Article 5 consisting of Sections R9-3-501 through R9-3-529

renumbered as Article 5, Sections R18-2-501 through R18-2-529

(Supp. 87-3).

Section

R18-2-501. Applicability

R18-2-502. General Permit Development

R18-2-503. Application for Coverage under General Permit

R18-2-504. Public Notice 

R18-2-505. General Permit Renewal

R18-2-506. Relationship to Individual Permits

R18-2-507. General Permit Variances

R18-2-508. General Permit Shield

R18-2-509. General Permit Appeals

R18-2-510. Terminations of General Permits and Revocations of

Authority to Operate Under a General Permit

R18-2-511. Fees Related to General Permits

R18-2-512. 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 through R18-2-

805 (Supp. 93-4).

Article 6 consisting of Sections R9-3-601 through R9-3-605

renumbered as Article 6, Sections R18-2-601 through R18-2-605

(Supp. 87-3).

Section

R18-2-601. General

R18-2-602. Unlawful Open Burning

R18-2-603. Repealed

R18-2-604. Open Areas, Dry Washes, or Riverbeds

R18-2-605. Roadways and Streets

R18-2-606. Material Handling

R18-2-607. Storage Piles

R18-2-608. Mineral Tailings

R18-2-609. Agricultural Practices

R18-2-610. Definitions for R18-2-610.01

R18-2-610.01. Agricultural PM10 General Permit for Crop Operations; PM10 Nonattainment Areas

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

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

and Serious PM10 Nonattainment Areas Except

Yuma County

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

R18-2-613. Yuma PM10 Nonattainment Area; Agricultural Best

Management Practices

R18-2-614. Evaluation of Nonpoint Source Emissions

ARTICLE 7. 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 through R18-2-530

(Supp. 93-4).

Article 7 consisting of Sections R18-2-701 through R18-2-709

repealed effective September 26, 1990 (Supp. 90-3).

Article 7 consisting of Sections R9-3-701 through R9-3-709

renumbered as Article 7, Sections R18-2-701 through R18-2-709

(Supp. 87-3).

Section

R18-2-701. Definitions

R18-2-702. General Provisions

R18-2-703. Standards of Performance for Existing Fossil-fuel

Fired Steam Generators and General Fuel-burning

Equipment

R18-2-704. Standards of Performance for Incinerators

R18-2-705. Standards of Performance for Existing Portland

Cement Plants

R18-2-706. Standards of Performance for Existing Nitric Acid

Plants

R18-2-707. Standards of Performance for Existing Sulfuric Acid

Plants

R18-2-708. Standards of Performance for Existing Asphalt Concrete Plants

R18-2-709. Standards of Performance for Existing Petroleum

Refineries

R18-2-710. Standards of Performance for Existing Storage Vessels for Petroleum Liquids
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 3 Supp. 12-1

R18-2-711. Standards of Performance for Existing Secondary

Lead Smelters

R18-2-712. Standards of Performance for Existing Secondary

Brass and Bronze Ingot Production Plants

R18-2-713. Standards of Performance for Existing Iron and

Steel Plants

R18-2-714. Standards of Performance for Existing Sewage

Treatment Plants

R18-2-715. Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements

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

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

R18-2-716. Standards of Performance for Existing Coal Preparation Plants

R18-2-717. Standards of Performance for Steel Plants: Existing

Electric Arc Furnaces (EAF)

R18-2-718. Repealed

R18-2-719. Standards of Performance for Existing Stationary

Rotating Machinery

R18-2-720. Standards of Performance for Existing Lime Manufacturing Plants

R18-2-721. Standards of Performance for Existing Nonferrous

Metals Industry Sources

R18-2-722. Standards of Performance for Existing Gravel or

Crushed Stone Processing Plants

R18-2-723. Standards of Performance for Existing Concrete

Batch Plants

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

Industrial and Commercial Equipment

R18-2-725. Standards of Performance for Existing Dry Cleaning

Plants

R18-2-726. Standards of Performance for Sandblasting Operations

R18-2-727. Standards of Performance for Spray Painting Operations

R18-2-728. Standards of Performance for Existing Ammonium

Sulfide Manufacturing Plants

R18-2-729. Standards of Performance for Cotton Gins

R18-3-730. Standards of Performance for Unclassified Sources

R18-2-731. Standards of Performance for Existing Municipal

Solid Waste Landfills

R18-2-732. Standards of Performance for Existing Hospital/

Medical/Infectious Waste Incinerators

R18-2-733. Incorporation of Federal Standards of Performance

for Mercury Emissions from Coal-Fired Electric

Steam Generating Units

R18-2-733.01. Additional Mercury Allowance Acquisition

Requirements for Coal-Fired Electric Steam Generating Units

R18-2-734. State Standards of Performance for Mercury Emissions from Coal-Fired Electric Steam Generating

Units

 Table 1. Emission Limitations for Small, Medium, and Large

HMIWI

 Table 2. Emissions Limitations for Rural HMIWI

ARTICLE 8. 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 through R18-2-

905 (Supp. 93-4).

Article 8 consisting of Sections R18-2-801 through R18-2-805

adopted effective February 26, 1988.

Former Article 8 consisting of Sections R9-3-801 through R9-

3-829, R9-3-831, R9-3-832, R9-3-835 through R9-3-838, R9-3-840

through R9-3-848, and R9-3-857 through R9-3-859 repealed effective February 26, 1988.

Section

R18-2-801. Classification of Mobile Sources

R18-2-802. Off-road Machinery

R18-2-803. Heater-planer Units

R18-2-804. Roadway and Site Cleaning Machinery

R18-2-805. Asphalt or Tar Kettles

ARTICLE 9. 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, R9-3-903

through R9-3-906, R9-3-910, R9-3-913, and R9-3-922 repealed

effective February 26, 1988.

Section

R18-2-901. Standards of Performance for New Stationary

Sources

R18-2-902. General Provisions

R18-2-903. Standards of Performance for Fossil-fuel Fired

Steam Generators

R18-2-904. Standards of Performance for Incinerators

R18-2-905. Standards of Performance for Storage Vessels for

Petroleum Liquids

R18-2-906. Repealed

R18-2-907. Reserved

R18-2-908. Reserved

R18-2-909. Reserved

R18-2-910. Repealed

R18-2-911. Reserved

R18-2-912. Reserved

R18-2-913. Repealed

R18-2-914. Reserved

R18-2-915. Reserved

R18-2-916. Reserved

R18-2-917. Reserved

R18-2-918. Reserved

R18-2-919. Reserved

R18-2-920. Reserved

R18-2-921. Reserved

R18-2-922. Repealed

 ARTICLE 10. MOTOR VEHICLES; 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 renumbered as

Article 10, Sections R18-2-1001, R18-2-1003 through R18-2-1013,

R18-2-1016 through R18-2-1019, R18-2-1022, R18-2-1023, and

R18-2-1025 through R18-2-1031 effective August 1, 1988.

Section

R18-2-1001. Definitions 

R18-2-1002. Reserved 
Supp. 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 Mandatory Vehicle

Emissions Inspection Program

R18-2-1004. Repealed

R18-2-1005. Time of Inspection 

R18-2-1006. Emissions Test Procedures

R18-2-1007. Evidence of Meeting State Inspection Requirements 

R18-2-1008. Procedure for Issuing Certificates of Waiver 

R18-2-1009. Tampering Repair Requirements 

R18-2-1010. Low Emissions Tune-up, Emissions and Evaporative System Repair

R18-2-1011. Vehicle Inspection Report 

R18-2-1012. Inspection Procedures and Fee 

R18-2-1013. Reinspections 

R18-2-1014. Repealed

R18-2-1015. Repealed

R18-2-1016. Licensing of Inspectors 

R18-2-1017. Inspection of Government Vehicles 

R18-2-1018. Certificate of Inspection 

R18-2-1019. Fleet Station Procedures and Permits

R18-2-1020. Licensing of Third Party Agents; Issuing Alternative

Fuel Certificates

R18-2-1021. Reserved 

R18-2-1022. Procedure for Waiving Inspections Due to Technical

Difficulties

R18-2-1023. Certificate of Exemption for Out-of-State Vehicles

R18-2-1024. Expired

R18-2-1025. Inspection of Contractor’s Equipment and Personnel

R18-2-1026. Inspection of Fleet Stations 

R18-2-1027. Registration and Inspection of Emissions Analyzers

and Opacity Meters 

R18-2-1028. Certification of Users of Registered Analyzers and

Analyzer Repair Persons 

R18-2-1029. Vehicle Emission Control Devices 

R18-2-1030. Visible Emissions; Mobile Sources 

R18-2-1031. Standards for Evaluating the Oxidation Efficiency of

a Catalytic Converter 

 Table 1. Dynamometer Loading Table - Annual Tests

 Table 2. Emissions Standards - Annual Tests

 Table 3. Emissions Standards - Transient Loaded Emissions

Tests

 Table 4. Transient Driving Cycle

 Table 5. Tolerances

 Table 6. Repealed

ARTICLE 11. FEDERAL HAZARDOUS AIR POLLUTATS

Article 11, consisting of Sections R18-2-1101 and R18-2-1102

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

Article 11 consisting of Sections R18-2-1101 and R18-2-1102

repealed effective September 26, 1990 (Supp. 90-3).

Article 11 consisting of Sections R9-3-1101, R9-3-1102, and

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

1101, R18-2-1102, and Appendices 1 through 11 (Supp. 87-3).

Section

R18-2-1101. National Emission Standards for Hazardous Air Pollutants (NESHAPs)

R18-2-1102. General Provisions

ARTICLE 12. EMISSIOS BAK

Article 12, consisting of Sections R18-2-1201 through R18-2-

1208, made by final rulemaking at 8 A.A.R. 1815, effective March

18, 2002 (Supp. 02-1).

Section

R18-2-1201. Definitions

R18-2-1202. Applicability

R18-2-1203. Emissions Bank Administration

R18-2-1204. Credit Generation

R18-2-1205. Credit Certification

R18-2-1206. Credit Utilization

R18-2-1207. Credit Withdrawal

R18-2-1208. Fees

ARTICLE 13. DIESEL COVERSIO GRAT PROGRAM

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

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

2003 (Supp. 03-2).

Section

R18-2-1301. 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 Plans and TIPs

R18-2-1409. Criteria and Procedures for Determining Conformity

of Transportation Plans, Programs, and Projects:

General

R18-2-1410. Criteria and Procedures: Latest Planning Assumptions

R18-2-1411. Criteria and Procedures: Latest Emissions Model

R18-2-1412. Criteria and Procedures: Consultation

R18-2-1413. Criteria and Procedures: Timely Implementation of

TCMs

R18-2-1414. Criteria and Procedures: Currently Conforming

Transportation Plan and TIP

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

TIP

R18-2-1416. Criteria and Procedures: Localized CO and PM10

Violations (Hot Spots)

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

Control Measures

R18-2-1418. Criteria and Procedures: Motor Vehicle Emissions

Budget (Transportation Plan)

R18-2-1419. Criteria and Procedures: Motor Vehicle Emissions

Budget (TIP)

R18-2-1420. Criteria and Procedures: Motor Vehicle Emissions

Budget (Project Not from a Plan and TIP)

R18-2-1421. Criteria and Procedures: Localized CO Violations

(Hot Spots) in the Interim and Transitional Periods

R18-2-1422. Criteria and Procedures: Interim and Transitional

Period Reductions in Ozone and CO Areas (Transportation Plan)

R18-2-1423. Criteria and Procedures: Interim Period Reductions

in Ozone and CO Areas (TIP)

R18-2-1424. Criteria and Procedures: Interim Period Reductions

for Ozone and CO Areas (Project Not from a Plan

and TIP)

R18-2-1425. Criteria and Procedures: Interim Period Reductions

for PM10 and NO2

 areas (Transportation Plan)
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 PM10 and NO2 areas (TIP)

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

for PM10 and NO2 areas (Project Not from a Plan

and TIP)

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

Strategy Period

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

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

or the Federal Transit Act

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

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

PM10 Concentrations (Hot-spot Analysis)

R18-2-1432. Using the Motor Vehicle Emissions Budget in the

Applicable Implementation Plan or Implementation

Plan Submission

R18-2-1433. Enforceability of Design Concept and Scope and

Project-level Mitigation and Control Measures

R18-2-1434. Exempt Projects

R18-2-1435. Projects Exempt from Regional Emissions Analyses

R18-2-1436. Special Provisions for Nonattainment Areas Which

are Not Required to Demonstrate Reasonable Further Progress and Attainment

R18-2-1437. Reserved

R18-2-1438. General Conformity for Federal Actions

ARTICLE 15. FOREST 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 Authorization

R18-2-1506. Smoke Dispersion Evaluation

R18-2-1507. Prescribed Burn Accomplishment; Wildfire Reporting

R18-2-1508. Wildland Fire Use: Plan, Authorization, Monitoring;

Interagency Consultation; Status Reporting

R18-2-1509. Emission Reduction Techniques

R18-2-1510. Smoke Management Techniques

R18-2-1511. Monitoring

R18-2-1512. Burner Qualifications

R18-2-1513. Public Notification and Awareness Program;

Regional Coordination

R18-2-1514. Surveillance and Enforcement

R18-2-1515. Forms; Electronic Copies; Information Transfers

ARTICLE 16. VISIBILITY; REGIOAL HAZE

Article 16, consisting of Sections R18-2-1601 through R18-2-

1606, made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4).

Section

R18-2-1601. Definitions

R18-2-1602. Applicability

R18-2-1603. Certification of Impairment

R18-2-1604. Attribution Analysis; Finding

R18-2-1605. BART Control Analysis; Finding

R18-2-1606. Exemption from BART

R18-2-1607. Reserved

R18-2-1608. Reserved

R18-2-1609. Reserved

R18-2-1610. SO2

 Milestones and Backstop Trading Program;

Definitions

R18-2-1611. Applicability

R18-2-1612. Pre-trigger Monitoring, Recordkeeping, and Reporting

R18-2-1613. Western Backstop SO2

 Trading Program Trigger

ARTICLE 17. ARIZOA STATE HAZARDOUS AIR 

POLLUTATS PROGRAM

Article 17, consisting of Sections R18-2-1701 through R18-2-

1709, made by final rulemaking at 12 A.A.R.1953, effective January

1, 2007 (Supp. 06-2).

Section

R18-2-1701. Definitions

R18-2-1702. Applicability

R18-2-1703. State List of Hazardous Air Pollutants

R18-2-1704. Notice of Types and Amounts of HAPs

R18-2-1705. Modifications; Permits; Permit Revisions

R18-2-1706. Case-by-case HAPRACT Determination

R18-2-1707. Case-by-case AZMACT Determination

R18-2-1708. Risk Management Analyses

R18-2-1709. Periodic Review

 ARTICLE 18. REPEALED

Article 18, consisting of Sections R18-2-1801 through R18-2-

1812 and Appendix 13, repealed by final rulemaking at 18 A.A.R.

250, effective January 10, 2012 (Supp. 12-1).

Article 18, consisting of Sections R18-2-1801 through R18-2-

1812 and Appendix 13, made by final rulemaking at 14 A.A.R.

2404, effective July 8, 2008 (Supp. 08-2).

Section

R18-2-1801. Repealed

R18-2-1802. Repealed

R18-2-1803. Repealed

R18-2-1804. Repealed

R18-2-1805. Repealed

R18-2-1806. Repealed

R18-2-1807. Repealed

R18-2-1808. Repealed

R18-2-1809. Repealed

R18-2-1810. Repealed

R18-2-1811. Repealed

R18-2-1812. Repealed

 

 Appendix 1. Standard Permit Application Form and Filing

Instructions

 Appendix 2. Test Methods and Protocols

 Appendix 3. Logging

 Appendix 4. Reserved

 Appendix 5. Repealed

 Appendix 6. Repealed

 Appendix 7. Repealed

 Appendix 8. A8. Procedures for Utilizing the Sulfur Balance

Method for Determining Sulfur Emissions

 Appendix 9. A9. Monitoring Requirements

 Appendix 10. Repealed

 Appendix 11. Repealed

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

 Appendix 13.Repealed
Supp. 12-1 Page 6 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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. 88-206; 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 emissions of

a pollutant from an emissions unit, as determined in subsections (a) through (e).

a. In general, actual emissions as of a particular date

shall equal the average rate, in tons per year, at

which the unit actually emitted the pollutant during 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 representative of normal source operation. Actual emissions

shall be calculated using the unit’s actual operating

hours, production rates, and types of materials processed, stored or combusted during the selected time

period.

b. If there is inadequate information to determine

actual 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 subsection

(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 control

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 representative 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 five

years from the date the unit resumes regular operation, information demonstrating that the physical or

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 Director

determines the longer period to be more representative of normal source post-change operations.

3. “Administrator” means the Administrator of the United

States Environmental Protection Agency.

4. “Affected facility” means, with reference to a stationary

source, any apparatus to which a standard is applicable.

5. “Affected source” means a source that includes one or

more units which are subject to emission reduction

requirements or limitations under Title IV of the Act.

6. “Affected state” means any state whose air quality may

be affected by a source applying for a permit, permit 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 primary

combustion.

8. “Air curtain destructor” means an incineration device

designed and used to secure, by means of a fan-generated

air curtain, controlled combustion of only wood waste

and slash materials in an earthen trench or refractorylined pit or bin.

9. “Air pollution control equipment” means equipment used

to eliminate, reduce or control the emission of air pollutants into the ambient air.

10. “Air quality control region” (AQCR) means an area so

designated by the Administrator pursuant to Section 107

of the Act and includes the following regions in Arizona:

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 of a stationary source calculated using both the maximum rated

capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate

or hours of operation, and the most stringent of the following:

a. The applicable New Source Performance Standards

or National Emission Standards for Hazardous Air

Pollutants, as contained in Articles 9 or 11 of this

Chapter;

b. The applicable existing source performance standard, as approved for the SIP and contained in Article 7 of this Chapter; or,

c. The emissions rate specified in any federally promulgated rule or federally enforceable permit conditions applicable to the state of Arizona.

12. “Ambient air” means that portion of the atmosphere,

external to buildings, to which the general public has

access.

13. “Applicable implementation plan” means those provisions 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 following:

a. Any federal applicable requirement.

b. Any other requirement established pursuant to this

Chapter or A.R.S. Title 49, Chapter 3.

15. “Arizona Testing Manual” means the Arizona Testing

Manual for Air Pollutant Emissions.

16. “ASTM” means the American Society for Testing and

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 air quality 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, initiation

of physical on-site construction activities on an emissions

unit which are of a permanent nature. Such activities

include installation of building supports and foundations,

laying of underground pipework, and construction of permanent storage structures. With respect to a change in

method of operation this term refers to those on-site

activities, other than preparatory activities, which 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 would be

emitted from any proposed major source or major modification, 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, with

standard references in this Chapter by Title and Part, so

that “40 CFR 51” means “Title 40 of the Code of Federal

Regulations, Part 51.”

22. “Charge” means the addition of metal bearing materials,

scrap, or fluxes to a furnace, converter or refining vessel.

23. “Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing

facility that will achieve significant reductions in air

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, that was not in widespread use

as of November 15, 1990.

24. “Clean coal technology demonstration project” means 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 demonstration of clean coal technology or similar projects

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 as 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 Article 4 of

this Chapter, that the owner or operator has all necessary

preconstruction approvals or permits and either has:

a. Begun, or caused to begin, a continuous program of

actual on-site construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, 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 change in

the method of operation, including fabrication, erection,

installation, demolition, or modification of an emissions

unit, which would result in a change in actual emissions.

29. “Continuous monitoring system” or “continuous emission monitoring system” means the total equipment,

required under the emission monitoring provisions in this

Chapter, used to sample and, if applicable, to condition,

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 combustion

is promoted by recirculation of gases by mechanical

means.

31. “Discharge” means the release or escape of an effluent

from a source into the atmosphere.

32. “Dust” means finely divided solid particulate matter

occurring naturally or created by mechanical processing,

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 emitted

and subsequently escapes into the atmosphere.

35. “Electric utility steam generating unit” means any steam

electric generating unit that is constructed for the purpose

of supplying more than one-third of its potential electric

output capacity and more than 25 MW electrical output to

any utility power distribution system for sale. Any steam

supplied to a steam distribution system for the purpose of

providing steam to a steam-electric generator that would

produce electrical energy for sale is also considered in

determining the electrical energy output capacity of 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 government,

or the Administrator which limits the quantity, rate, or

concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the

level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures

for a source to assure continuous emission reduction.

38. “Emissions unit” means any part of a stationary source

which emits or would have the potential to emit any regulated air pollutant.

39. “Equivalent method” means any method of sampling and

analyzing for an air pollutant which has been demonstrated 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 pollutant

in excess of an emission standard as measured by the

compliance test method applicable to such emission standard.

41. “Existing source” means any source which does not have

an applicable new source performance standard under

Article 9 of this Chapter.

42. “Federal applicable requirement” means any of the following as they apply to emissions units covered by a

Class I or II permit (including requirements that have

been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates):

a. Any standard or other requirement provided for in

the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I

of the Act that implements the relevant requirements
Supp. 12-1 Page 8 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 promulgated 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 Section

112 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 rain

program under Title IV of the Act or the regulations

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 and

commercial products, under Section 183(e) of the

Act.

i. Any standard or other requirement for tank vessels

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 regulations

promulgated to protect stratospheric ozone under

Title VI of the Act, unless the Administrator has

determined that such requirements need not be contained in a Title V permit.

l. Any national ambient air quality standard or increment or visibility requirement under Part C of Title 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 department

with authority over such lands.

44. “Federally enforceable” means all limitations and conditions which are enforceable by the Administrator under

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 11

of this Chapter;

b. The requirements of such other state or county rules

or regulations approved by the Administrator,

including the requirements of state and county operating 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 requirements, 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 issued by

the Department after completion of all review required 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 the purpose of producing energy. 

48. “Fuel burning equipment” means any machine, equipment, incinerator, device or other article, except stationary rotating machinery, in which combustion takes place.

49. “Fugitive emissions” means those emissions which could

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 vapors 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 particulate

matter not previously burned.

52. “Good engineering practice (GEP) stack height” means 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 equipment

under conditions of complete combustion.

54. “Incinerator” means any equipment, machine, device,

contrivance or other article, and all appurtenances

thereof, used for the combustion of refuse, salvage materials or any other combustible material except fossil fuels,

for the purpose of reducing the volume of material.

55. “Indian governing body” means the governing body of

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 recognized reservation established by Treaty, Agreement, Executive

Order, or Act of Congress.

57. “Insignificant activity” means an activity in an emissions

unit that is not otherwise subject to any applicable

requirement and which belongs to one of the following

categories:

a. Landscaping, building maintenance, or janitorial

activities.

b. Gasoline storage tanks with capacity of 10,000 gallons or less.

c. Diesel and fuel oil storage tanks with capacity of

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 obtain

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 activities 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, machining, routing, sanding, sawing, surface grinding, or

turning of ceramic art work, precision parts, leather,

metals, plastics, fiberboard, masonry, carbon, glass,

or wood.

g. Powder coating operations.

h. Internal combustion (IC) engine-driven compressors, IC engine-driven electrical generator sets, and

IC 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

Department of Environmental Quality – Air Pollution Control

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 in

order to determine all applicable requirements and to

calculate any fee under this Chapter.

58. “Kraft pulp mill” means any stationary source which produces pulp from wood by cooking or digesting wood

chips in a water solution of sodium hydroxide and sodium

sulfide at high temperature and pressure. Regeneration 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 hydrated

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 source.

62. “Lime product” means any product produced by the calcination of limestone.

63. “Major modification” means any physical change or

change in the method of operation of a major source that

would result in a significant net emissions increase of any

regulated air pollutant.

a. Any net emissions increase that is significant for

volatile organic compounds is significant for ozone.

b. Any net emissions increase that is significant for

oxides of nitrogen is significant for ozone for ozone

nonattainment areas classified as marginal, moderate, serious, or severe.

c. For the purposes of this definition the following are

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 order

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 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.

vii. Any change in ownership at a stationary

source;

viii. The addition, replacement, or use of a pollution

control project at an existing electric utility

steam generating unit, unless the Director

determines that the addition, replacement, or

use renders the unit less environmentally beneficial, or except:

(1) When the Director has reason to believe

that the pollution control project would

result 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 areas

only, 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 the

potential 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 to

emit, 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 not

be 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 potential to

emit, 100 tpy or more of any air pollutant including
Supp. 12-1 Page 10 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 purposes of Section 302(j) of the Act, unless the source

belongs to one of the following categories of stationary 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 total

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 more

than 250 million British thermal units per hour

heat input.

xxvii.Any other stationary source category, which as

of August 7, 1980, is being regulated under

Section 111 or 112 of the Act.

65. “Malfunction” means any sudden and unavoidable failure

of air pollution control equipment, process equipment or

a process to operate in a normal and usual manner, but

does not include failures that are caused by poor maintenance, careless operation or any other upset condition 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 pursuant to

A.R.S. § 49-402(B), has asserted jurisdiction.

67. “Minor source baseline area” means the air quality control region in which the source is located.

68. “Monitoring device” means the total equipment, required

under the applicable provisions of this Chapter, used to

measure and record, if applicable, process parameters.

69. “Motor vehicle” means any self-propelled vehicle

designed for transporting persons or property on public

highways.

70. “Multiple chamber incinerator” means three or more

refractory-lined combustion chambers in series, physically separated by refractory walls and interconnected by

gas passage ports or ducts.

71. “Natural conditions” includes naturally occurring 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 actual

emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

b. An increase or decrease in actual emissions is contemporaneous 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 creditable only if the Director has not relied on it in issuing 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 attainment or reasonable further progress.

d. An increase or decrease in actual emissions of sulfur

dioxide, nitrogen oxides, or PM10 which occurs

before the applicable baseline date, as described in

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 only 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 is

lower, exceeds the new level of actual emissions;

ii. It is federally enforceable at and after the time

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 and

begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not

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 performance standard under Article 9 of this Chapter.

75. “Nitric acid plant” means any facility producing nitric

acid 30% to 70% in strength by either the pressure or

atmospheric pressure process.

76. “Nitrogen oxides” means all oxides of nitrogen except

nitrous oxide, as measured by test methods set forth 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 contaminants

which lacks an identifiable plume or emission point.

79. “Opacity” means the degree to which emissions reduce

the transmission of light and obscure the view of an

object in the background.

80. “Operation” means any physical or chemical action

resulting in the change in location, form, physical properties, or chemical character of a material.

81. “Owner or operator” means any person who owns, leases,

operates, controls, or supervises an affected facility or a

stationary source of which an affected facility is a part.

82. “Particulate matter” means any airborne finely divided

solid or liquid material with an aerodynamic diameter

smaller than 100 micrometers.

83. “Particulate matter emissions” means all finely divided

solid or liquid materials other than uncombined water,

emitted to the ambient air as measured by applicable test

methods and procedures described in R18-2-311.

84. “Pollution control project” means any activity or project

undertaken at an existing electric utility steam generating

unit to reduce emissions from the unit. The activities or

projects are limited to:

a. The installation of conventional or innovative pollution control technology, including advanced flue gas

desulfurization, sorbent injection for sulfur dioxide

and nitrogen oxides controls, and electrostatic precipitators;

b. An activity or project to accommodate switching to

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 other

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 similar 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 micrometers

as measured by a reference method based on 40 CFR 50

Appendix L, or by an equivalent method designated

according to 40 CFR 53.

86. “PM10” means particulate matter with an aerodynamic

diameter less than or equal to a nominal 10 micrometers

as measured by a reference method contained within 40

CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53.

87. “PM10 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 emission 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 and 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 pollutant, excluding secondary emissions, under its physical

and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant,

including air pollution control equipment and restrictions

on hours of operation or on the type or amount of material

combusted, stored, or processed, shall be treated as part

of its design if the limitation or the effect it would have

on emissions is federally enforceable.

92. “Primary ambient air quality standards” means the ambient air quality standards which define levels of air quality

necessary, with an adequate margin of safety, to protect

the public health, as specified in Article 2 of this Chapter.

93. “Process” means one or more operations, including

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 under R18-

2-330 or affected state review under R18-2-307(D).

95. “Proposed final permit” means the version of a Class I

permit that the Department proposes to issue and forwards to the Administrator for review in compliance with

R18-2-307(A).

96. “Reactivation of a very clean coal-fired electric utility

steam generating unit” means any physical change or

change in the method of operation associated with commencing commercial operations by a coal-fired utility

unit after a period of discontinued operation if the 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 to

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 than

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, equipment

device or other article used for picking up stored granular

material and either depositing this material on a conveyor

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 following:
Supp. 12-1 Page 12 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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; or

vi. 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 technology demonstration funding as of January 1, 1991,

by the United States Department of Energy.

c. The Director shall give expedited consideration to

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 physical

change or change in the method of operation of a unit, (or

a different consecutive 2-year period within 10 years after

that change, if the Director determines that the different

period is more representative of source operations), considering the effect the change will have on increasing or

decreasing the hourly emissions rate and on projected

capacity utilization. In projecting future emissions the

Director shall:

a. Consider all relevant information, including historical operational data, the company’s representations,

filings with Arizona or federal regulatory authorities, and compliance plans under Title IV of the Act;

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 utility 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 projected

capacity utilization at the unit unrelated to the particular change, including any increased utilization due

to the rate of electricity demand growth for the utility 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 within

the limits of good engineering practice.

103. “Secondary ambient air quality standards” means the

ambient air quality standards which define levels of air

quality necessary to protect the public welfare from 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 result of the

construction or operation of a major source or major

modification, but do not come from the major source or

major modification itself, and impact the same general

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 emissions

do not include any emissions which come directly from 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 for any

purpose, except routine phasing out of process equipment.

106. “Significant” means:

a. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed

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

PM10 15 tpy

VOC 40 tpy 

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric acid mist 7 tpy

Hydrogen sulfide (H2S) 10 tpy

Total reduced sulfur

(including H2S)

10 tpy

Reduced sulfur compounds 

(including H2S)

10 tpy

Municipal waste combustor 

organics (measured as total tetrathrough octa-chlorinated 

dibenzo-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 tpy
Arizona 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 serious or

severe, significant emissions of VOC shall be determined 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 listed 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 subsection (a), any emissions rate or any net emissions

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 μg/m3

 (24-hour average).

107. “Smoke” means particulate matter resulting from incomplete combustion.

108. “Stack” means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct

but not including flares.

109. “Stack in existence” means that the owner or operator had

either:

a. Begun, or caused to begin, a continuous program of

physical on-site construction of the stack;

b. Entered into binding agreements or contractual obligations, 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 equipment.

111. “State implementation plan” (SIP) means the plan

adopted by the state of Arizona which provides for implementation, maintenance, and enforcement of such primary and secondary ambient air quality standards as are

adopted by the Administrator, pursuant to the Act.

112. “Stationary rotating machinery” means any gas engine,

diesel engine, gas turbine, or oil fired turbine operated

from a stationary mounting and used for the production of

electric power or for the direct drive of other equipment.

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 “installation” means

all of the pollutant-emitting activities which belong to the

same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control

of the same person or persons under common control.

Pollutant-emitting activities shall be considered as part of

the same industrial grouping if they belong to the same

“Major Group” as described in the “Standard Industrial

Classification Manual, 1987.”

114. “Sulfuric acid plant” means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but

does not include facilities where conversion to sulfuric

acid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosphere.

115. “Temporary clean coal technology demonstration

project” means a clean coal technology demonstration

project operated for five years or less, and that complies

with the SIP and other requirements necessary to attain

and maintain the national ambient air quality standards

during the project and after the project is terminated.

116. “Temporary source” means a source which is portable, 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 particulate

matter as measured by the reference method described in

40 CFR 50, Appendix B, plus any particulate matter from

fugitive emissions quantified by methods approved by the

Director.

119. “Trivial activities” means activities and emissions units,

such as the following, that may be omitted from a Class I

or Class II permit application. Certain of the following

listed activities include qualifying statements intended 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 janitorial

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 residential locations;

j. Tobacco smoking rooms and areas;

k. Blacksmith forges;

l. Plant maintenance and upkeep activities, including

grounds-keeping, general repairs, cleaning, painting,

welding, plumbing, re-tarring roofs, installing insulation, and paving parking lots, if these activities 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 revision. 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 including

emissions from surface coating, de-greasing, or solvent 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, cutting,

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 landfill 

emissions (measured as nonmethane organic compounds)

50 tpy
Supp. 12-1 Page 14 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

tion activities that do not result in emission of HAP

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 production

level thresholds. Brazing, soldering, and welding

equipment, and cutting torches directly related to

plant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are

treated as trivial and listed separately in this definition;

q. Air compressors and pneumatically operated equipment, including hand tools;

r. Batteries and battery charging stations, except at battery manufacturing plants;

s. Storage tanks, vessels, and containers holding or

storing liquid substances that will not emit any VOC

or HAP;

t. Storage tanks, reservoirs, and pumping and handling

equipment of any size containing soaps, vegetable

oil, grease, animal fat, and nonvolatile aqueous salt

solutions, if appropriate lids and covers are used;

u. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous

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 equipment;

x. Vents from continuous emissions monitors and other

analyzers;

y. Natural gas pressure regulator vents, excluding venting 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 will

emit VOC or HAP;

bb. CO(2) lasers used only on metals and other materials

that do not emit HAP in the process;

cc. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or

substances being processed in the ovens or autoclaves or the boilers delivering the steam;

dd. Salt baths using nonvolatile salts that do not result in

emissions of any regulated air pollutants;

ee. Laser trimmers using dust collection to prevent fugitive emissions;

ff. Bench-scale laboratory equipment used for physical

or chemical analysis, but not laboratory fume hoods

or vents;

gg. Routine calibration and maintenance of laboratory

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 passenger 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 equivalent is submitted with the application;

oo. Process water filtration systems and demineralizers;

pp. Demineralized water tanks and demineralizer vents;

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 Administrator, because of a lack of adequate data, is unable to classify as an attainment or nonattainment area for a specific

pollutant, and which, for purposes of this Chapter, is

treated as an attainment area.

121. “Uncombined water” means condensed water containing

analytical trace amounts of other chemical elements or

compounds.

122. “Urban or suburban open area” means an unsubdivided

tract of land surrounding a substantial urban development

of a residential, industrial, or commercial nature and

which, though near or within the limits of a city or town,

may be uncultivated, used for agriculture, or lie fallow.

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 normally

occurring in a liquid or solid state.

125. “Visibility impairment” means any humanly perceptible

change in visibility (light extinction, visual range, contrast, coloration) from that which would have existed

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 compound of carbon, excluding carbon monoxide, carbon

dioxide, carbonic acid, metallic carbides or carbonates,

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

(C4F9OCH3

);

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3

)2CFCF2OCH3);

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane

(C4F9OC2H5);

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3

)2CFCF2OC2H5;

rr. Methyl acetate; and

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (nC3F7OCH3

, 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); and 

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 no

unsaturations and with sulfur bonds only to carbon and fluorine.

xx. The following compound is VOC for purposes of all

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 of

VOC emissions limitations or VOC content requirements: t-butyl acetate.

128. “Wood waste burner” means an incinerator designed and

used exclusively for the burning of wood wastes consisting of wood slabs, scraps, shavings, barks, sawdust or

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). Editorial correction, paragraph (133) (Supp. 80-1). Editorial 

correction, paragraph (58) (Supp. 80-2). Amended effective July 9, 1980. Amended by adding new paragraphs

(24), (55), (102), and (115) and renumbering accordingly, 

effective August 29, 1980 (Supp. 80-4). Amended effective May 28, 1982 (Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-5). Amended paragraph (133), 

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 renumbered 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, effective 

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 October 3, 

2005 (Supp. 05-3). Amended by final rulemaking at 11 

A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). 

Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-102. Incorporated Materials

The following documents are incorporated by reference 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 Society for

Testing and Materials, 1916 Race St., Philadelphia, PA

19103-1187.

3. The U.S. Government Printing Office’s “Standard Industrial Classification Manual, 1987” (and no future editions).

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). Amended 

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 nullify any applicable requirement or emission standard in an applicable implementation plan unless the Director revises the applicable

implementation plan in conformance with the requirements of 40

CFR 51, Subpart F, and the Administrator approves the revision.

Historical ote

Adopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 

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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

ARTICLE 2. AMBIET AIR QUALITY STADARDS; 

AREA DESIGATIOS; CLASSIFICATIOS

R18-2-201. Particulate matter: PM10 and PM2.5

A. PM10 Standards

1. The primary ambient air quality standards for PM10 are:

a. 50 micrograms per cubic meter of PM10 -- annual

arithmetic mean concentration.

b. 150 micrograms per cubic meter of PM10 -- 24-hour

average concentration.

2. The secondary ambient air quality standards for PM10

are:

a. 50 micrograms per cubic meter of PM10 -- annual

arithmetic mean concentration.

b. 150 micrograms per cubic meter of PM10 -- 24-hour

average concentration.

3. To determine attainment of the primary and secondary

standards, a person shall measure PM10 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 quality

standards for PM10 are attained when the expected annual

arithmetic mean concentration, determined according to

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 quality

standards for PM10 are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter,

determined according to 40 CFR 50, Appendix K, is less

than or equal to 1.

B. PM2.5 Standards

1. The primary ambient air quality standards for PM2.5 are:

a. 15 micrograms per cubic meter of PM2.5 – annual

arithmetic mean concentration.

b. 65 micrograms per cubic meter of PM2.5 – 24-hour

average concentration.

2. The secondary ambient air quality standards for PM2.5

are:

a. 15 micrograms per cubic meter of PM2.5 – annual

arithmetic mean concentration.

b. 65 micrograms per cubic meter of PM2.5 – 24-hour

average concentration.

3. To determine attainment of the primary and secondary

standards, a person shall measure PM2.5 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 quality

standards for PM2.5 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 quality

standards for PM2.5 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). Editorial correction, subsection (E) (Supp. 80-2). Amended 

effective August 29, 1980 (Supp. 80-4). Amended subsection(B)(1) and deleted subsections (C) through (E) 

effective September 22, 1983 (Supp. 83-5). Former Section 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 sulfur oxides,

measured as sulfur dioxide, are:

1. 0.03 parts per million (ppm) (80 μg/m3

) -- annual arithmetic mean.

2. 0.14 parts per million (ppm) (365 μg/m3

) -- maximum

24-hour concentration not to be exceeded more than once

per year.

B. The secondary ambient air quality standard for sulfur oxides,

measured as sulfur dioxide, is 0.5 parts per million (ppm)

(1300 μg/m3

) -- 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 Section 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 averaged

standard

A. 1-hour standard. Until June 15, 2005:

1. The 1-hour primary ambient air quality standard for

ozone is 0.12 ppm (235 micrograms per cubic meter).

2. The 1-hour secondary ambient air quality standard for

ozone is 0.12 ppm (235 micrograms per cubic meter).

3. The 1-hour standards are attained when the expected

number of days per calendar year with maximum hourly

average concentrations above 0.12 ppm (235 micrograms

per cubic meter) is less than or equal to 1, determined by

40 CFR 50, Appendix H.

B. 8-hour averaged standard.

1. The 8-hour averaged primary ambient air quality standard

for ozone is 0.08 ppm.

2. The 8-hour averaged secondary ambient air quality standard for ozone is 0.08 ppm.

3. 8-hour averaged primary and secondary ambient air quality standards for ozone are met at an ambient air quality

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 according 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 Section 

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 carbon monoxide are:

1. 9 parts per million (10 milligrams per cubic meter) --

maximum eight-hour concentration not to be exceeded

more than once per year.

2. 35 parts per million (40 milligrams per cubic meter) --

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 are 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 standards,

averages shall be stated to one decimal place. Comparison 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 Section 

R9-3-205 renumbered without change as Section R18-2-

205 (Supp. 87-3). Former Section R18-2-204 renumbered 

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 nitrogen dioxide

is 0.053 parts per million (100 micrograms per cubic meter) --

annual arithmetic mean.

B. The secondary ambient air quality standard for nitrogen dioxide is 0.053 (parts per million (100 micrograms per cubic

meter) -- annual arithmetic mean.

C. The standards are attained when the annual arithmetic mean

concentration in a calendar year is less than or equal to 0.053

ppm, rounded to three decimal places, with fractional parts

equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be based upon hourly

data that is at last 75% complete or upon data derived 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 Section 

R9-3-206 renumbered without change as Section R18-2-

206 (Supp. 87-3). Former Section R18-2-205 renumbered 

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 micrograms per

cubic meter -- maximum arithmetic mean averaged over a calendar quarter.

B. The secondary ambient air quality standard for lead and its

compounds, measured as elemental lead, is 1.5 micrograms

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 effective 

August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 

(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 Unclassifiable

Area Designations

40 CFR 81.303 as amended as of July 1, 2006 (and no future

amendments or editions) is incorporated by reference as an applicable requirement and on file with the Department of Environmental

Quality. 40 CFR 81.303 is available from the U.S. Government

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, effective 

August 12, 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 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). Amended by final rulemaking at 13 

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 and

procedures

A. Only those methods which have been either designated by the

Administrator as reference or equivalent methods or approved

by the Director shall be used to monitor ambient air.
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 finding

that the proposed procedures are substantially equivalent 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 as 

Section R18-2-215 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3).

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

and Evaluation of Air Quality Data

Unless otherwise specified, interpretation of all ambient air quality

standards contained in this Article shall be in accordance 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 Section 

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 Attainment

Areas

A. All attainment and unclassified areas or parts thereof 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 areas which

occurred subsequent to the date of enactment of the Clean Air

Act Amendments of 1977 and before March 12, 1993, shall be

Class I areas irrespective of attainment status and shall not be

redesignated:

1. International parks;

2. National wilderness areas which exceed 5,000 acres 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 Class I or II:

1. An area which as of August 7, 1977, exceeds 10,000

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 established

after August 7, 1977, which exceeds 10,000 acres in size.

D. All other areas shall be Class II areas unless redesignated

under subsections (E) or (F).

E. The Governor or the Governor’s designee may redesignate

areas of the state as Class I or Class II, provided that the following requirements are fulfilled:

1. At least one public hearing is held in or near the area

affected;

2. Other states, Indian governing bodies and Federal Land

Managers, whose land may be affected by the proposed

redesignation are notified at least 30 days prior to the

public hearing.

3. A discussion document of the reasons for the proposed

redesignation including a description and analysis of

health, environmental, economic, social and energy

effects of the proposed redesignation is prepared by the

Governor or the Governor’s designee. The discussion

document shall be made available for public inspection at

least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of

the availability of such discussion document.

4. Prior to the issuance of notice respecting the redesignation of an area which includes any federal lands, the Governor or the Governor’s designee has provided written

notice to the appropriate Federal Land Manager and

afforded the Federal Land Manager adequate opportunity,

not in excess of 60 days, to confer with the state respecting the redesignation and to submit written comments and

recommendations. The Governor or the Governor’s designee shall publish a list of any inconsistency between

such redesignation and such recommendations, together

with the reasons for making such redesignation against

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 area covered by the proposed redesignation.

6. The redesignation is submitted to the Administrator as a

revision to the SIP.

F. The Governor or the Governor’s designee may redesignate

areas of the state as Class III if all of the following criteria are

met:

1. Such redesignation meets the requirements of subsection

(E);

2. Such redesignation has been approved after consultation

with the appropriate committee of the legislature if it is in

session or with the leadership of the legislature if it is not

in session. 

3. The general purpose units of local government representing a majority of the residents of the area to be redesignated concur in the redesignation;

4. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any maximum 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 permitted to be constructed and operated only if the area in

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 Administrator as a

revision to the SIP.

G. A redesignation shall not be effective until approved by the

Administrator as part of an applicable implementation plan.

H. Lands within the exterior boundaries of Indian reservations

may be redesignated only by the appropriate Indian governing

body.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Editorial correction, 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 effec-
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 effective 

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

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

Areas

A. Areas designated as Class I, II, or III shall be limited to the following increases in air pollutant concentrations occurring over

the baseline concentration; provided that for any period other

than an annual period, the applicable maximum allowable

increase may be exceeded once per year at any one location:

B. The baseline concentration shall be that ambient concentration

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 earliest date

after August 7, 1977, for sulfur dioxide and particulate

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 baseline 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 defined

in R18-2-401 which commenced construction before

the major source baseline date but were not in operation by the applicable minor source baseline date.

4. The following shall not be included in the baseline 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 stationary source occurring after the minor source baseline date.

C. The baseline date shall be established for each pollutant for

which maximum allowable increases or other equivalent measures have been established if both:

1. The area in which the proposed source or modification

would construct is designated as attainment or unclassifiable 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 which the major

source as defined in R18-2-401 or a major modification establishing the minor source baseline date would construct or

would have an air quality impact equal to or greater 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 new major

source as defined in R18-2-401 or a major modification which

either:

1. Establishes a minor source baseline date; or

2. Is subject to either 40 CFR 52.21 or R18-2-406 and

would be constructed in Arizona.

E. The maximum allowable concentration of any air pollutant in

any area to which subsection (A) applies shall not exceed a

concentration for each pollutant equal to the concentration permitted under the ambient air quality standards contained in this

Article.

F. For purposes of determining compliance with the maximum

allowable increases in ambient concentrations of an air 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 sources

which have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas

curtailment order which is in effect under the provisions

of Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, over

the emissions from such sources before the effective date

of such order;

2. The concentration of such pollutant attributable to the

increase in emissions from major and stationary sources

CLASS I

Maximum Allowable

Increase (Micrograms

per cubic meter)

Particulate matter: PM10

 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: PM10

 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: PM10

 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 50
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Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 natural gas

curtailment plan;

3. Concentrations of PM10 attributable to the increase in

emissions from construction or other temporary activities

of a new or modified source;

4. The increase in concentrations attributable to new 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 PM10

from major sources as defined in R18-2-401 when the

following conditions are met:

a. The operating permit issued to such sources specifies the time period during which the temporary

emissions increase of sulfur dioxide, nitrogen

oxides, or PM10 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 specifies 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 consumption under subsections (F)(1) and (2) shall not apply

more than five years after the effective date of the order

or natural gas curtailment plan on which the exception is

based.

G. If the Director or the Administrator determines that the SIP is

substantially inadequate to prevent significant deterioration or

that an applicable maximum allowable increase as specified in

subsection (A) is being violated, the SIP shall be revised to

correct the inadequacy or the violation. The SIP shall be

revised within 60 days of such a finding by the Director or

within 60 days following notification by the Administrator, or

by such later date as prescribed by the Administrator after consultation with the Director.

H. The Director shall review the adequacy of the SIP on a periodic basis and within 60 days of such time as information

becomes available that an applicable maximum allowable

increase is being violated.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Editorial correction, 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 Section 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 each pollutant at

each monitoring site. 

B. Each additional exceedance at each site shall constitute 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 PM10 standards 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 as 

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 September 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 concentrations

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,” amended as

of October 18, 1988 (and no future edition), which is incorporated herein by reference and on file with the Office of the

Secretary of State.

B. The following stages are identified by air quality criteria in

order to provide for sequential emissions reductions, public

notification and increased Department monitoring and forecast

responsibilities. The declaration of any stage, and the area of

the state affected, shall be based on air quality measurements

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 meteorological conditions indicate that there will be a continuance or recurrence of alert level concentrations for 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 shall be

implemented but no warning shall be declared, unless air

quality has deteriorated to the extent described in subsection (B)(2).

2. A Stage II air pollution warning shall be declared when

any of the warning level concentrations listed in subsection (B)(4) are exceeded at any monitoring site and when

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 concentrations and

meteorological conditions do not improve, the emergency

stage shall be declared and its control actions implemented.

3. A Stage III air pollution emergency shall be declared

when any of the emergency level concentrations listed in

subsection (B)(4) are exceeded at any monitoring site and

when meteorological conditions indicate that there will
Arizona 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 harm levels:

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Editorial 

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 Section 

R18-2-219 (Supp. 87-3). Section R18-2-220 renumbered 

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 contained in Article 1

of this Chapter and A.R.S. § 49-401.01 apply to this Article unless

the context otherwise requires:

1. “Alternative method” means any method of sampling and

analyzing for an air pollutant which is not a reference or

equivalent method but which has been demonstrated to

produce results adequate for the Director’s determination

of compliance in accordance with R18-2-311(D).

2. “Billable permit action” means the issuance or denial of a

new permit, significant permit revision, or minor permit

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 considered

to the capacity rating of the machine or equipment.

4. “CEM” means a continuous emission monitoring system

as defined in R18-2-101.

5. “Complete” means, in reference to an application for a

permit, that the application contains all the information

necessary for processing the application. Designating an

application complete for purposes of permit processing

does not preclude the Director from requesting or accepting 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 according

to atmospheric conditions or ambient concentrations

of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating 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 it

was 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 that

includes 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 the

merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit

for greater dispersion. Absent a demonstration by the source owner or operator

that merging was not significantly motivated by such intent, the reviewing agency

shall deny credit for the effects of such

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 which increase final exhaust gas

plume 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 permit

term or condition determined at issuance to be required

by an applicable requirement that establishes an emissions 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 furnace or

boiler used in the process of burning fossil fuel for the

primary purpose of producing steam by heat transfer. 

9. “Fuel oil” means Number 2 through Number 6 fuel oils 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 SignificantHarm

Carbon 

monoxide

1-hr -- -- -- 144

(mg/m3) 4-hr -- -- -- 86.3

8-hr 17 34 46 57.5

Nitrogen 

dioxide

1-hr 1,130 2,260 3,000 3,750

(ug/m3

) 24-hr 282 565 750 938

Ozone 

(ppm)

1-hr .2 .4 .5 .6

PM10

(ug/m3)

24-hr 350 420 500 600

Sulfur 

dioxide

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

(ug/m3

)
Supp. 12-1 Page 22 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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 for

Diesel Fuel Oils).

10. “Itemized bill” means a breakdown of the permit processing time into the categories of pre-application activities,

completeness review, substantive review, and public

involvement activities, and within each category, a further breakdown by employee name.

11. “Major source threshold” means the lowest applicable

emissions rate for a pollutant that would cause the source

to be a major source at the particular time and location,

under R18-2-101(64).

12. “NAICS” means the 5- or 6-digit North American Industry Classification System-United States, 1997, number

for industries used by the U.S. Department of Commerce.

13. “Permit processing time” means all time spent by Air

Quality Division staff or consultants on tasks specifically

related to the processing of an application for the issuance

or renewal of a particular permit or permit revision,

including time spent processing an application that is

denied.

14. “Quantifiable” means, with respect to emissions, including the emissions involved in equivalent emission limits

and emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in

terms of character. Quantification may be based on emission factors, stack tests, monitored values, operating rates

and averaging times, materials used in a process or production, 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 existing

source performance standard. 

16. “Replicable” means, with respect to methods or procedures, sufficiently unambiguous that the same or equivalent results would be obtained by the application of the

method or procedure by different users.

17. “Responsible official” means one of the following: 

a. For a corporation: a president, secretary, treasurer, or

vice-president of the corporation in charge of a principal business function, or any other person who

performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is

responsible for the overall operation of one or more

manufacturing, production, or operating facilities

applying for or subject to a permit and either: 

i. The facilities employ more than 250 persons or

have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or 

ii. The delegation of authority to such representatives is approved in advance by the permitting

authority; 

b. For a partnership or sole proprietorship: a general

partner or the proprietor, respectively; 

c. For a municipality, state, federal, or other public

agency: Either a principal executive officer or ranking elected official. For the purposes of this Article,

a principal executive officer of a federal agency

includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional

Administrator of EPA); or 

d. For affected sources: 

i. The designated representative in so far as

actions, 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 to 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 source for

any purpose.

20. “Synthetic minor” means a source with a permit that contains voluntarily accepted emissions limitations, controls,

or other requirements (for example, a cap on production

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 26, 

1990 (Supp. 90-3). Correction to table in subsection 

(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, effective 

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 person shall

commence construction of, operate, or make a modification to

any source subject to regulation under this Article, without

obtaining a permit or permit revision from the Director.

B. There shall be two classes of permits as follows:

1. A Class I permit shall be required for a person to commence construction of or operate any of the following:

a. Any major source,

b. Any solid waste incineration unit required to obtain

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 permit 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; or
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 23 Supp. 12-1

v. Fuel-burning equipment which, at a location or

property other than a one or two family resisdence, is fired at a sustained rate of more than 1

million 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 those

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 Article

17 of this Chapter to a source for which a permit has

not been issued under this Article.

C. Notwithstanding subsections (A) and (B), the following

sources do not require a permit unless the source is 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 required to

obtain a permit solely because they are subject to 40 CFR

61.145; and

3. Agricultural equipment used in normal farm operations.

“Agricultural equipment used in normal farm operations”

does not include equipment classified as a source that

requires a permit under Title V of the Act, or that is subject to a standard under 40 CFR 60 or 61.

D. No person may construct or reconstruct any major source of

hazardous air pollutants, unless the Director determines that

maximum achievable control technology emission limitation

(MACT) for new sources under Section 112 of the Act will be

met. If MACT has not been established by the Administrator,

such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in R18-2-1101(B). For purposes of this subsection,

constructing and reconstructing a major source shall 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). Former 

Section R9-3-301 repealed, new Section R9-3-301 

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 effective May 

28, 1982 (Supp. 82-3). Amended subsections (B) and (C) 

effective September 22, 1983 (Supp. 83-5). Amended 

subsection (B), paragraph (3) effective September 28, 

1984 (Supp. 84-5). Former Section R9-3-301 renumbered 

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 November 

15, 1993 (Supp. 93-4). Amended effective June 4, 1998 

(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); Former 

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 Section 

R18-2-302 (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 effective November 15, 1993 (Supp. 93-4).

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

A. An installation or operating permit issued before September 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 terminated.

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 existence on the

date this Section becomes effective shall submit permit 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 requiring Class

II permits that are in existence on the date this Section

becomes effective may submit permit applications at any time

after this Section is effective and shall submit applications

within 180 days of receipt of written notice from the 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 permit applications no later than May 1, 1998.

E. Any application for an operating permit or an installation permit that is determined to be complete prior to the effective date

of this Section but for which no permit has been issued shall be

considered complete for the purposes of this Section. In issuing a permit pursuant to such an application, the Director shall

include in the permit all elements addressed in the application

and a schedule of compliance for submitting an application for

a permit revision to address the elements required to be in the

permit that were not included in the operating permit 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 installation

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). Former 
Supp. 12-1 Page 24 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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). Amended 

subsection (D), paragraph (1) effective September 28, 

1984 (Supp. 84-5). Former Section R9-3-303 renumbered 

without change as Section R18-2-303 (Supp. 87-3). 

Amended effective September 26, 1990 (Supp. 90-3). 

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

R18-2-304. Permit Application Processing Procedures

A. Unless otherwise noted, this Section applies to each 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 shall complete

the “Standard Permit Application Form” and supply all information required by the “Filing Instructions” as shown 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 submitted in

the application for a Class II permit for a particular source or

category of sources if the Director determines that the information or data would be unnecessary to determine all of the

following:

1. The applicable requirements to which the source may be

subject;

2. That the source is so designed, controlled, or equipped

with such air pollution control equipment that it may be

expected to operate without emitting or without causing

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 other requirement 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, applying for a

permit for the first time, one that is submitted within 12

months after the source becomes subject to the permit

program.

2. For purposes of permit renewal, a timely application is

one that is submitted at least six months, but not more

than 18 months, prior to the date of permit expiration.

3. For initial phase II acid rain permits under Title 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 Administrator pursuant to Section 112(d) of the Act shall, within 12 months

of the date on which the standard is promulgated, submit

an application for a permit revision demonstrating how

the source will comply with the standard.

D. If an applicable implementation plan allows the determination

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 also demonstrate that the equivalent limit is quantifiable, accountable,

enforceable, and subject to replicable compliance determination 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 application

form section). An application for permit revision only

need supply information related to the proposed change,

unless the source’s proposed permit revision will change

the permit from a Class II permit to a Class I permit. A

responsible official shall certify the submitted information consistent with subsection (H) (Certification of

Truth, Accuracy, and Completeness). 

2. An application for a new permit or permit revision shall

contain an assessment of the applicability of the requirements of Article 4 of this Chapter. If the applicant determines that the proposed new source is a major source as

defined in R18-2-401, or the proposed permit revision

constitutes a major modification as defined in R18-2-101,

then the application shall comply with all applicable

requirements of Article 4.

3. An application for a new permit or a permit revision shall

contain an assessment of the applicability of the requirements established under Article 17 of this Chapter. If the

applicant determines that the proposed new source permit

or permit revision is subject to the requirements of Article

17 of this Chapter, the application shall comply with all

applicable requirements of that Article.

4. Except for proposed new major sources or major modifications 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 complete

unless, within 60 days of receipt of the application, the

Director notifies the applicant by certified mail that the

application is not complete. 

5. If a source wishes to voluntarily enter into an emissions

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, recordkeeping, and reporting requirements necessary to demonstrate

that the emissions limitation, control, or other requirement is permanent, quantifiable, and otherwise enforceable as a practical matter.

6. If, while processing an application that has been determined or deemed to be complete, the Director determines

that additional information is necessary to evaluate or

take final action on that application, the Director may

request such information in writing, delivered by certified

mail, and set a reasonable deadline for a response. Except

for minor permit revisions as set forth in R18-2-319, a

source’s ability to continue operating without a permit, 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 submits any

requested additional information by the deadline specified by the Director. If the Director notifies an applicant

that its application is not complete under subsection

(E)(4), the application may not be deemed automatically

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 subsection,

reject an application that is determined to be still incomplete and shall notify the applicant of the decision by certified mail. After a rejection under this subsection, 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 process.
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 R18-2-

101(57) shall be listed in the application. The application

need not provide emissions data regarding insignificant

activities. If the Director determines that an activity listed

as insignificant does not meet the requirements of R18-2-

101(57), the Director shall notify the applicant in writing

and specify additional information required.

9. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in

the permitted facility solely for the purpose of complying

with a federally enforceable emission cap that is established in the permit independent of otherwise applicable

requirements, the permit applicant shall include in its

application proposed replicable procedures and permit

terms that ensure the emissions trades are quantifiable

and enforceable.

10. The Director is not in disagreement with a notice of confidentiality submitted with the application pursuant to

A.R.S. § 49-432.

F. A source applying for a Class I permit that has submitted

information with an application under a claim of confidentiality 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 applicant

who fails to submit any relevant facts or who has submitted

incorrect information in a permit application shall, upon

becoming aware of such failure or incorrect submittal,

promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional 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 certification submitted

pursuant to this Chapter shall contain certification 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 formed 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 according to

the provisions of A.R.S. § 49-427. The Director may

issue a permit with a compliance schedule for a source

that is not in compliance with all applicable requirements

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 met:

a. The application received by the Director for a permit, permit revision, or permit renewal shall be complete 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 complied

with the requirements of R18-2-307 for notifying

and responding to affected states, and if applicable,

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 necessary

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 objected

to issuance pursuant to a petition filed under 40 CFR

70.8(d), the administrator’s objection has been

resolved.

g. For a Class II permit that contains voluntary emission 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 Section, a notice

shall be served on the applicant by certified mail, return

receipt requested. The notice shall include a statement

detailing the grounds for the denial and a statement 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 conditions

including references to the applicable statutory or regulatory provisions. The Director shall send this statement 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, regulations promulgated under Title IV or V of the Act, or 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 a complete application.

6. Priority shall be given by the Director to taking action on

applications for construction or modification submitted

pursuant to Title I, Parts C (Prevention of Significant

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 and any

additional information requested pursuant to subsection

(E)(6) to process the application. The Director shall provide notice of the decision as provided in R18-2-330 and

any public hearing shall be scheduled as expeditiously as

possible.

J. Requirement for a Permit. Except as noted under the provisions in R18-2-317 and R18-2-319, no source may operate

after the time that it is required to submit a timely and complete application, except in compliance with a permit issued

pursuant to this Chapter. However, if a source under R18-2-

326(B)(3) submits a timely and complete application for continued operation under a permit revision or renewal, the

source’s failure to have a permit is not a violation of this Article until the Director takes final action on the application. 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 additional

information identified as being needed to process the application.

Historical ote

Amended effective August 7, 1975 (Supp. 75-1). Former 

Section R9-3-304 repealed, new Section R9-3-304 formerly Section R9-3-305 renumbered and amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-

304 repealed, new Section R9-3-304 adopted effective 

May 14, 1979 (Supp. 79-1). Amended effective October 
Supp. 12-1 Page 26 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

2, 1979 (Supp. 79-5). Former Section R9-3-304 repealed, 

new Section R9-3-304 adopted effective May 28, 1982

(Supp. 82-3). Former Section R9-3-304 renumbered without change as Section R18-2-304 (Supp. 87-3). Amended 

effective September 26, 1990 (Supp. 90-3). Section 

repealed, new Section 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(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, effective 

December 20, 1999 (Supp. 99-4). Amended by final rulemaking 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 documents submitted which is considered confidential.

2. Contain sufficient supporting information to allow the

Director to evaluate whether such information satisfies

the requirements related to trade secrets or, if applicable,

how the information, if disclosed, is likely to cause substantial harm to the person’s competitive position.

C. Within 30 days of receipt of a notice of confidentiality that

complies with subsection (B) above, the Director shall make a

determination as to whether the information satisfies the

requirements for trade secret or competitive position pursuant

to A.R.S. § 49-432(C)(1) and so notify the applicant in writing. If the Director agrees with the applicant that the information covered by the notice of confidentiality satisfies 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. § 49-432(D)

and obtains a final order authorizing disclosure, the 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 disclosure, the

Director shall provide the notice specified in subsection (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 Section 

R9-3-305 effective August 6, 1976. References changed 

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 (Supp. 

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). Former 

Section R9-3-305 renumbered without change as R18-2-

305 (Supp. 87-3). Section repealed, new Section adopted 

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

R18-2-306. Permit Contents 

A. Each permit issued by the Director shall include the following

elements:

1. The date of issuance and the permit term.

2. Enforceable emission limitations and standards, including operational requirements and limitations that ensure

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 identify

any difference in form as compared to the applicable

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 applicable

requirement of regulations promulgated under Title

IV of the Act, both provisions shall be incorporated

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 whether

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 requirements

with respect to monitoring:

a. All monitoring and analysis procedures or test methods required under applicable monitoring and testing

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 incorporated

by reference and on file with the Department and the

Office of the Secretary of State. This incorporation

by 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 the

monitoring or testing applicable requirements not

included in the permit as a result of such streamlining;

c. If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping

designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant

time period that are representative of the source’s

compliance 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 consistent

with the applicable requirement, and as otherwise

required under R18-2-306.01. Recordkeeping provisions may be sufficient to meet the requirements of

this subsection; and 
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

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 recordkeeping

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 data

and support information for a period of at least five

years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records

and all original strip-chart recordings for continuous

monitoring instrumentation and copies of all reports

required by the permit.

5. The permit shall incorporate all applicable reporting

requirements including reporting requirements established 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 identified

in the reports. All required reports shall be certified

by a responsible official consistent with R18-2-

304(H) and R18-2-309(A)(5).

b. Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of

the deviations, and any corrective actions or preventive measures taken. Notice that complies with subsection (E)(3)(d) shall be considered prompt for the

purposes of this subsection (A)(5)(b).

6. A permit condition prohibiting emissions exceeding any

allowances the source lawfully holds under Title IV of

the Act or the regulations promulgated thereunder.

a. A permit revision is not required for increases in

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 allowances held by the source. The source shall not, however, use allowances as a defense to noncompliance

with any other applicable requirement.

c. Any allowance shall be accounted for according to

the 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 conditions 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 the

designated 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 validity of

the various permit requirements in the event of a challenge 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 Arizona 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 application. 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 order

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, revocation and reissuance, or termination, or of a notification 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, within 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 permittee shall also furnish to the Director copies of

records required to be kept by the permit. For information 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 classified as a major source, the source shall comply with

reasonably available control technology.

9. A provision to ensure that the source pays fees to the

Director under A.R.S. § 49-426(E), R18-2-326, and R18-

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 similar 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 application 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 to

all terms and conditions under each such operating

scenario; and
Supp. 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 requirements

and the requirements of this Chapter. 

12. Terms and conditions, if the permit applicant requests

them, and as approved by the Director, for the trading 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 case-bycase approval of each emissions trade. The terms and

conditions:

a. Shall include all terms required under subsections

(A) and (C) to determine compliance;

b. Shall not extend the permit shield in subsection (D)

to all terms and conditions that allow the increases

and decreases in emissions;

c. Shall not include trading that involves emission

units for which emissions are not quantifiable or for

which there are no replicable procedures to enforce

the emissions trades; and

d. Shall meet all applicable requirements and requirements of this Chapter.

13. Terms and conditions, if the permit applicant requests

them and they are approved by the Director, setting forth

intermittent operating scenarios including potential 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 downtime.

14. Upon request of a permit applicant, the Director shall

issue a permit that contains terms and conditions allowing

for the trading of emission increases and decreases in the

permitted facility solely for the purpose of complying

with a federally enforceable emission cap established in

the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that

ensure the emissions trades are quantifiable and enforceable. The Director shall not include in the emissions trading provisions any emissions units for which emissions

are not quantifiable or for which there are no replicable

procedures to enforce the emissions trades. The permit

shall also require compliance with all applicable requirements. Changes made under this subsection shall not

include modifications under any provision of Title I of

the Act and shall not exceed emissions allowable under

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 that conforms to R18-2-317.02(B)(5). In addition, the notices for

Class I and Class II sources shall describe how the

increases and decreases in emissions will comply with the

terms and conditions of the permit.

15. Other terms and conditions as are required by the 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 terms

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 voluntarily 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 Director shall

specifically designate as not being federally enforceable

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 specified in

R18-2-309.

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

E. Emergency provision.

1. An “emergency” means any situation arising from sudden

and reasonably unforeseeable events beyond the control

of the source, including acts of God, that requires immediate corrective action to restore normal operation and

that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable

increases in emissions attributable to the emergency. An

emergency shall not include noncompliance to the extent

caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or

operator error.

2. An emergency constitutes an affirmative defense to an

action brought for noncompliance with technology-based

emission limitations if the conditions of subsection (E)(3)

are met.

3. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating 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 facility

was being properly operated;

c. During the period of the emergency, the permittee

took all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other

requirements in the permit; and

d. The permittee submitted notice of the emergency to

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 additional

applicable requirements adopted by the Administrator under

the Act that become applicable to a source with a permit with a

remaining permit term of three or more years. A revision shall

not be required if the effective date of the applicable requirement is after the expiration of the permit. The revisions 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 subsection 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). Former 

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 (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 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 November 15, 1993 (Supp. 93-4). Amended effective August 1, 

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, effective 

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

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

A. A source may voluntarily propose in its application, and

accept in its permit, emissions limitations, controls, or other

requirements that are permanent, quantifiable, and otherwise

enforceable as a practical matter in order to avoid classification as a source that requires a Class I permit or to avoid one or

more other applicable requirements. For the purposes 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 determined by

an inspection of records and reports.

B. In order for a source to obtain a permit containing voluntarily

accepted emissions limitations, controls, or other requirements, the source shall demonstrate all of the following in its

permit application:

1. The emissions limitations, controls, or other requirements

to be imposed for the purpose of avoiding an applicable

requirement are at least as stringent as the emissions limitations, controls, or other requirements that would otherwise 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 otherwise

federally enforceable.

2. All voluntarily accepted emissions limitations, controls,

or other requirements will be permanent, quantifiable,

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 during the comment period described in the notice pursuant to R18-2-330(D).

D. The Director shall send a copy of each final permit issued 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, effective 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 permit, renewal

of an existing permit, or as a significant permit revision,

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 any applicable

requirement, for any emissions unit, combination of emissions

units, or an entire source to allow operating flexibility including emissions trading for the purpose of complying with the

cap. This Section shall not apply to sources that hold 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 shall not exceed

any of the following:

1. The applicable requirement for the pollutant if expressed

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 pollutant;

or

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

C. In order to incorporate an emissions cap in a permit the applicant must demonstrate to the Director that terms and conditions in the permit will:

1. Ensure compliance with all applicable requirements 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 and

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 obligation

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 applicable

requirement;

e. The permit conditions are enforceable and are independent of any other applicable limitations; and

f. 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 in actual emissions authorized as a trade under an emissions cap unless an

applicable requirement requires notice to the Director. The log

shall contain the information required by the permit including,

at a minimum, when the proposed emissions increase or

decrease occurred, a description of the physical change or

change in method of operation that produced the increase or

decrease, the change in emissions from the physical change or

change in method of operation, and how the increase or

decrease in emissions complies with the permit. Class 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 unit for which

the emissions are not quantifiable or for which there 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 States

A. Except as provided in R18-2-304(F) and as waived by the

Administrator, for each Class I permit, a copy of each of the

following shall be provided to the Administrator as follows:

1. The applicant shall provide a complete copy of the application including any attachments, compliance plans, and

other information required by R18-2-304(E) at the time

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 the 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 be 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 from the

Department and all necessary supporting information. 

D. Review by Affected States.

1. For each Class I permit, the Director shall provide 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 extent R18-

2-319 requires the timing of the notice to be different.

2. If the Director refuses to accept a recommendation of any

affected state submitted during the public or affected state

review period, the Director shall notify the Administrator

and the affected state in writing. The notification shall

include the Director’s reasons for not accepting any such

recommendation and shall be provided to the Administrator as part of the submittal of the proposed final permit.

The Director shall not be required to accept recommendations that are not based on federal applicable requirements or requirements of state law.

E. Any person who petitions the Administrator pursuant to 40

CFR 70.8(d) shall notify the Department by certified mail of

such petition as soon as possible, but in no case more than 10

days following such petition. Such notice shall include the

grounds for objection and whether such objections were raised

during the public comment period. If the Administrator objects

to the permit as a result of a petition filed under this 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 requirements if the

permit was issued after the end of the 45-day administrative

review period and prior to the Administrator’s objection. 

F. If the Director has issued a permit prior to receipt of the

Administrator’s objection under subsection (E), and the

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 issue only a

revised permit that satisfies the Administrator’s objection. In

any case, the source shall not be in violation of the requirement to have submitted a timely and complete application.

G. Prohibition on Default Issuance.

1. No Class I permit including a permit renewal or revision

shall be issued until affected states and the Administrator

have had an opportunity to review the proposed permit. 

2. No permit or renewal shall be issued unless the Director

has acted on the application.

Historical ote

Adopted effective August 7, 1975 (Supp. 75-1). Former 

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). Amended 

effective October 2, 1979 (Supp. 79-5). Former Section 

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 as 

R18-2-307 (Supp. 87-3). Section repealed, new Section 

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

R18-2-308. Emission Standards and Limitations

Wherever applicable requirements apply different standards or limitations to a source for the same item, all applicable requirements

shall be included in the permit. 

Historical ote

Adopted effective August 7, 1975 (Supp. 75-1). Former 

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, 1988 

(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 with respect to

compliance:

1. The elements required by R18-2-306(A)(3), (4), and (5).

2. Requirements for certifications of compliance with terms

and conditions contained in the permit, including emissions limitations, standards, and work practices. Permits

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 of

applicable 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 other

means 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 owner

or 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 making

a false certification or omitting material information;

iii. The status of compliance with the terms and

conditions of the permit for the period covered

by 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 each

deviation and take it into account in the compliance certification. For emission units subject to
Arizona 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; and

iv. Other facts the Director may require to determine the compliance status of the source.

d. A requirement that permittees submit all compliance

certifications to the Director. Class I permittees shall

also 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 submitted

by a permittee, including reports, to contain a certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification

required under this Section shall state that, based on

information and belief formed after reasonable inquiry,

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 shall

allow the Director to:

a. Enter upon the permittee’s premises where a source

is located, emissions-related activity is conducted, or

records are required to be kept under the conditions

of the permit;

b. Have access to and copy, at reasonable times, any

records that are required to be kept under the conditions of the permit;

c. Inspect, at reasonable times, any facilities, equipment (including monitoring and air pollution control

equipment), practices, or operations regulated or

required under the permit; 

d. Sample or monitor, at reasonable times, substances

or parameters for the purpose of assuring compliance with the permit or other applicable requirements; and

e. Record any inspection by use of written, electronic,

magnetic, or photographic media.

5. A compliance plan that contains all the following:

a. A description of the compliance status of the source

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 will

meet 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 are

not 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 for

sources required to have a schedule of compliance to

remedy 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; and

ii. 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 specified in

subsection (5) 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 under

R18-2-333 with regard to the schedule and each method

the source will use to achieve compliance with the acid

rain emissions limitations.

7. If there is a Federal Implementation Plan (FIP) applicable

to the source, a provision that compliance with the FIP is

required.

Historical ote

Adopted 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). Article 

7. Nonferrous Smelter Orders adopted effective January 

8, 1980. Amendment filed September 18, 1979 effective 

January 8, 1980 (Supp. 80-2). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-309 

renumbered without change as R18-2-309 (Supp. 87-3). 

Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective October 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, effective 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 certain emissions

in excess of an emission standard or limitation and applies to

all emission standards or limitations except for standards or

limitations:

1. Promulgated pursuant to Sections 111 or 112 of the Act,

2. Promulgated pursuant to Titles IV or VI of the Clean Air

Act,

3. Contained in any Prevention of Significant Deterioration

(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 limitation due

to malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable

emission limitation due to malfunction has an affirmative

defense to a civil or administrative enforcement proceeding

based on that violation, other than a judicial action seeking

injunctive relief, if the owner or operator of the source has

complied with the reporting requirements of R18-2-310.01

and has demonstrated all of the following:

1. The excess emissions resulted from a sudden and

unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control

of the operator;

2. The air pollution control equipment, process equipment,

or processes were at all times maintained and operated in

a manner consistent with good practice for minimizing

emissions;

3. If repairs were required, the repairs were made in an

expeditious fashion when the applicable emission limitations 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-shift labor

and overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable;

4. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;

5. All reasonable steps were taken to minimize the impact 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 maintenance;

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 activity 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 operation

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 unless otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to

startup and shutdown shall constitute a violation. The

owner or operator of a source with emissions in excess of

an applicable emission limitation due to startup and shutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation,

other than a judicial action seeking injunctive relief, if the

owner or operator of the source has complied with the

reporting requirements of R18-2-310.01 and has demonstrated all of the following:

a. The excess emissions could not have been prevented

through careful and prudent planning and design;

b. If the excess emissions were the result of a bypass of

control equipment, the bypass was unavoidable to

prevent loss of life, personal injury, or severe damage to air pollution control equipment, production

equipment, or other property;

c. The source’s air pollution control equipment, process equipment, or processes were at all times maintained 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 the

impact 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 operation if at all practicable; and

h. The owner or operator’s actions in response to the

excess emissions were documented by contemporaneous records.

2. If excess emissions occur due to a malfunction during

routine startup and shutdown, then those instances shall

be treated as other malfunctions subject to subsection (B).

D. Affirmative Defense for Malfunctions During Scheduled

Maintenance.

If excess emissions occur due to a malfunction during scheduled maintenance, then those instances will be treated as other

malfunctions subject to subsection (B).

E. Demonstration of Reasonable and Practicable Measures.

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 practicable

measures within the owner or operator’s control were implemented to prevent the occurrence of the excess emissions.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective June 19, 1981 (Supp. 81-3). Amended Arizona 

Testing Manual for Air Pollutant Emissions, effective 

September 22, 1983 (Supp. 83-5). Amended Arizona 

Testing Manual for Air Pollutant Emissions, as of September 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 as 

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). Section repealed; new Section adopted by final rulemaking at 
Arizona 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. 01-1).

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 established 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 available

information from subsection (B).

2. Detailed written notification by submission of an excess

emissions report within 72 hours of the notification under

subsection (1).

B. The excess emissions report shall contain the following information:

1. The identity of each stack or other emission point where

the excess emissions occurred;

2. The magnitude of the excess emissions expressed in the

units of the applicable emission limitation and the operating data and calculations used in determining the magnitude 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 excess

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 steps

taken or planned to prevent the recurrence of the malfunctions;

7. The steps that were or are being taken to limit the excess

emissions; and

8. If the source’s permit contains procedures governing

source operation during periods of startup or malfunction

and the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures.

C. In the case of continuous or recurring excess emissions, the

notification requirements of this Section shall be satisfied if

the source provides the required notification after excess emissions are first detected and includes in the notification 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 reported shall

require additional notification pursuant to subsections (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 Arizona Testing Manual; 40 CFR 52, Appendices D and E; 40 CFR 60,

Appendices A through F; and 40 CFR 61, Appendices B and C

shall be used to determine compliance with the requirements

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 specify a

method, other than Method 9, for determining the opacity 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 ASTM method

D-3176-89, (Practice for Ultimate Analysis of Coal and Coke)

and ASTM method D-2015-91, (Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter).

D. Except for ambient air monitoring and emissions testing

required under Articles 9 and 11 of this Chapter, alternative

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 criteria are met: 

1. The alternative or equivalent test method measures the

same chemical and physical characteristics as the test

method it is intended to replace.

2. The alternative or equivalent test method has substantially the same or better reliability, accuracy, and precision as the test method it is intended to replace.

3. Applicable quality assurance procedures are followed in

accordance with the Arizona Testing Manual, 40 CFR 60

or other quality assurance methods which are consistent

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). Amended 

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 permit requirements of this Article has achieved the capability to 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 tests and

furnish the Director a written report of the results of the tests.

B. Performance tests shall be conducted and data reduced in

accordance with the test method and procedures contained 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 results of

which he has determined to be adequate for indicating

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 other

means to the Director’s satisfaction that the source 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 conditions as

the Director shall specify to the plant operator based on representative performance of the source. The owner or operator

shall make available to the Director such records as may be

necessary to determine the conditions of the performance tests.

Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions of performance tests unless otherwise specified in the applicable

standard.

D. The owner or operator of a permitted source shall provide the

Director two weeks prior notice of the performance test to

afford the Director the opportunity to have an observer

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 provide, or

cause to be provided, performance testing facilities as follows:

1. Sampling ports adequate for test methods applicable 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 compliance with

an applicable standard, the arithmetic means of results 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 shutdown, failure of an irreplaceable portion of the sample train, extreme

meteorological conditions, or other circumstances beyond 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 stopped with the

Director’s or such designee’s approval. If the Director, or the

Director’s designee is not present, tests may only be stopped

for good cause, which includes forced shutdown, failure of an

irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the operator’s

control. Termination of testing without good cause after the

first run is commenced shall constitute a failure of the test.

G. Except as provided in subsection (H) compliance with the

emission limits established in this Chapter or as prescribed in

permits issued pursuant to this Chapter shall be determined 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 determined by:

1. Opacity tests.

2. Emission limit compliance tests specifically designated

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 requirement to

show compliance.

I. Nothing in this Section shall be so construed as to prevent the

utilization of measurements from emissions monitoring

devices or techniques not designated as performance tests as

evidence of compliance with applicable good maintenance and

operating requirements.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective September 28, 1984 (Supp. 84-5). Former Section R9-3-312 renumbered without change as R18-2-312 

(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, calibrate, operate, and maintain all monitoring equipment necessary for

continuously monitoring the pollutants and other gases specified in this Section for the applicable source category. 

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 regenerators, as specified in subsection (C)(4), shall be monitored for opacity.

c. Sulfuric acid plants, as specified in subsection

(C)(3)of this Section, shall be monitored for sulfur

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 the

source of emissions is not operating. 

3. Variations.

a. Unless otherwise prohibited by the Act, the Director

may approve, on a case-by-case basis, alternative

monitoring requirements different from the provisions of this Section if the installation of a continuous emission monitoring system cannot be

implemented 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 pollutants 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 specified

by 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 operate

less than one month per year).

4. Monitoring system malfunction: A temporary exemption

from the monitoring and reporting requirements of this

Section may be provided during any period of monitoring

system malfunction, provided that the source owner or

operator demonstrates that the malfunction was unavoidable and is being repaired expeditiously.

B. Installation and performance testing required under this Section shall be completed and monitoring and recording shall

commence within 18 months of the effective date of this Section. 

C. Minimum monitoring requirements: 

1. Fossil-fuel fired steam generators: Each fossil-fuel fired

steam generator, except as provided in the following 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 demonstrated 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 the

measurement 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 of

greater than 250 million Btu per hour heat input

except where: 

i. Gaseous fuel is the only fuel burned; or 
Arizona 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 fuels

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 violation

through any administrative or judicial proceedings, or accepted responsibility for any violation of any visible emission standard. 

b. A continuous emission monitoring system for the

measurement 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-fuel

fired steam generator of greater than 250 million Btu

per hour heat input which has installed sulfur dioxide 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 calibration

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 located

in an air quality control region where the Director

has specifically determined that a control strategy

for nitrogen dioxide is necessary to attain the ambient 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 the

measurement of the percent oxygen or carbon dioxide which meets the performance specifications of

this Section shall be installed, calibrated, operated,

and maintained on fossil-fuel fired steam generators

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 greater than

300 tons per day production capacity, the production

capacity being expressed as 100% acid located in an air

quality control region where the Director has specifically

determined that a control strategy for nitrogen dioxide is

necessary to attain the ambient air quality standard specified in R18-2-205, shall install, calibrate using nitrogen

dioxide calibration gas mixtures, maintain, and operate a

continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance

specifications of this Section for each nitric acid producing 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 production

capacity, the production being expressed as 100% acid,

shall install, calibrate using sulfur dioxide calibration gas

mixtures or other gas mixtures approved by the Director,

maintain and operate a continuous emission monitoring

system for the measurement of sulfur dioxide which

meets the performance specifications of this Section for

each sulfuric acid producing facility within such a plant. 

4. Fluid bed catalytic cracking unit catalyst regenerators 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, calibrate, maintain and operate a continuous emission monitoring system for the measurement of opacity which meets the

performance specifications of this Section for each regenerator within such refinery. 

D. Minimum specifications: Owners or operators of monitoring

equipment installed to comply with this Section shall demonstrate compliance with the following performance specifications.

1. The performance specifications set forth in Appendix B

of 40 CFR 60 are incorporated herein by reference and

shall be used by the Director to determine acceptability of

monitoring equipment installed pursuant to this Section.

However where reference is made to the Administrator in

Appendix B of 40 CFR 60, the Director may allow the

use of either the state-approved reference method or the

federally approved reference method as published in 40

CFR 60. The performance specifications to be used with

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 traceable

to National Bureau of Standards reference gases whenever these reference gases are available. Every six

months from date of manufacture, span and zero gases

shall be reanalyzed by conducting triplicate analyses

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 frequent intervals if longer shelf lives are guaranteed by the

manufacturer. 

3. Cycling time: Time includes the total time required 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 monitoring

systems or monitoring devices shall be installed such that

representative measurements of emissions of process

parameter (i.e., oxygen, or carbon dioxide) from the

affected facility are obtained. Additional guidance for

location of continuous emission monitoring systems to
Supp. 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 40

CFR 60. 

5. Combined effluents: When the effluents from two or

more affected facilities of similar design and operating

characteristics are combined before being released to the

atmosphere through more than one point, separate monitors shall be installed. 

6. Zero and drift: Owners or operators of all continuous

emission monitoring systems installed in accordance with

the requirements of this Section shall record the zero and

span drift in accordance with the method prescribed by

the manufacturer’s recommended zero and span check at

least once daily, using calibration gases specified in subsection (C) as applicable, unless the manufacturer has

recommended adjustments at shorter intervals, in which

case such recommendations shall be followed; shall

adjust the zero span whenever the 24-hour zero drift or

24-hour calibration drift limits of the applicable performance specifications in Appendix B of Part 60, Chapter

1, Title 40 CFR are exceeded.

7. Span: Instrument span should be approximately 200% of

the expected instrument data display output corresponding to the emission standard for the source. 

E. Minimum data requirement: The following subsections set

forth the minimum data reporting requirements for sources

employing continuous monitoring equipment as specified in

this Section. These periodic reports do not relieve the source

operator from the reporting requirements of R18-2-310.01.

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 for each

calendar quarter and the nature and cause of the excess

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 consist 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 values may

be obtained by integration over the averaging period or

by arithmetically averaging a minimum of four equally

spaced, instantaneous opacity measurements per minute.

Any time periods exempted shall be deleted before determining any averages in excess of opacity standards.

3. For gaseous measurements the summary shall consist of

emission averages in the units of the applicable standard

for each averaging period during which the applicable

standard was exceeded.

4. The date and time identifying each period during which

the continuous emission monitoring system was inoperative, except for zero and span checks and the nature of

system repair or adjustment shall be reported. The Director may require proof of continuous emission monitoring

system performance whenever system repairs or adjustments have been made. 

5. When no excess emissions have occurred and the continuous emission monitoring system(s) have not been inoperative, repaired, or adjusted, such information shall be

included in the report. 

6. Owners or operators of affected facilities shall maintain a

file of all information reported in the quarterly summaries, and all other data collected either by the continuous

emission monitoring system or as necessary to convert

monitoring data to the units of the applicable standard 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 facilities shall

use the following procedures for converting monitoring data to

units of the standard where necessary. 

1. For fossil-fuel fired steam generators the following procedures shall be used to convert gaseous emission monitoring 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) to

measure oxygen in the flue gases, the measurements

of the pollutant concentration and oxygen concentration shall each be on a consistent basis (wet or dry). 

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 the

water 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 subsection

(C)(1)(d) to measure carbon dioxide in the flue

gases, the measurement of the pollutant concentration and the carbon dioxide concentration shall each

be on a consistent basis (wet or dry) and the following conversion procedure used; 

 c. The values used in the equations under subsection

(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 molecular

weight, 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 calorific

value of the fuel combusted (F), a factor representing a ratio of the volume of carbon dioxide

generated 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 instrumental

measurement 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 sulfur

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 each

averaging period in excess of the applicable emission standard in the quarterly summary. 

3. For nitric acid plants, the owner or operator shall: 

a. Establish a conversion factor according to the procedures of 40 CFR 60.73(b) (Chapter 1),

b. Multiply the conversion factor by the average nitrogen oxides concentration in the flue gases to obtain

the nitrogen oxides emissions in the units of the

applicable standard,

c. Report the average nitrogen oxides emission for

each averaging period in excess of applicable emission standard in the quarterly summary. 

4. The Director may allow data reporting or reduction procedures varying from those set forth in this Section if the

owner or operator of a source shows to the satisfaction of

the Director that his procedures are at least as accurate 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 variability

of their emissions is sufficiently small to allow accurate reduction of data based upon computing averages from equally spaced data points over the

averaging period). 

b. Alternative methods of converting pollutant concentration measurements to the units of the emission

standards.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (C), paragraph (1), subparagraph (d) 

(Supp 80-2). Amended effective July 9, 1980 (Supp. 80-

4). Former Section R9-3-313 renumbered without change 

as R18-2-313 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section 

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

Amended by final rulemaking at 7 A.A.R. 1164, effective 

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

R18-2-314. Quality Assurance 

Facilities subject to the permit requirements of this Article shall

submit a quality assurance plan to the Director that meets the

requirements of R18-2-311(D)(3) within 12 months of the effective

date of this Section. Facilities subject to the requirements of R18-2-

313 shall submit a quality assurance plan as specified in the permit.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective July 9, 1980 (Supp. 80-4). Former Section R9-3-

314 renumbered without change as R18-2-314 (Supp. 87-

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 general permit shall post such permit or a certificate of permit 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 equipment.

B. A copy of the complete permit shall be kept on the site.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective July 9, 1980 (Supp. 80-4). Former Section R9-3-

315 renumbered without change as R18-2-315 (Supp. 87-

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 subdivisions of the county

that issue or grant building permits or approvals shall examine the

plans and specifications submitted by an applicant for a permit or

approval to determine if an air pollution permit will possibly be

required under the provisions of this Chapter. If it appears that an

air pollution permit will be required, the agency or political subdi-
Supp. 12-1 Page 38 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

vision shall give written notice to the applicant to 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 Revisions - Class I

A. A facility with a Class I permit may make changes without a

permit revision if all of the following apply:

1. The changes are not modifications under any provision 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 emissions or in terms of total emissions;

3. The changes do not violate any applicable requirements

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 enforceable permit terms and conditions that are monitoring (including

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 similar item of process or pollution control equipment shall qualify as a change

that does not require a permit revision, if the substitution

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 decreases in

emissions within the permitted facility, as established in the

permit under R18-2-306(A)(12), if an applicable implementation plan provides for the emissions trades without applying

for a permit revision and based on the seven working days

notice prescribed in subsection (D). This provision is available

if the permit does not provide for the emissions trading 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 seven working days in advance of the change. Notifications of changes

associated with emergency conditions, such as malfunctions

necessitating the replacement of equipment, may be provided

less than seven working days in advance of the change 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 trade, if

any;

5. The provisions in the implementation plan that provide

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 implementation

plan are invoked, then the permit requirements with

which the source will comply; and

7. Any permit term or condition that is no longer applicable

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 will meet

using the emissions trade shall be determined according to

requirements of the implementation plan authorizing the 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 submitted 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 monthly 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 adopted 

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

final rulemaking at 5 A.A.R. 4074, effective September 

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 Permit Revision

- Class II

A. The following changes at a source with a Class II permit shall

require a permit revision:

1. A change that triggers a new applicable requirement 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 determination

of an emission limitation or other standard, or a sourcespecific determination of ambient impacts, or a visibility

or increment analysis;

4. A change that results in emissions that are subject to

monitoring, recordkeeping or reporting under R18-2-

306(A)(3),(4), or (5) if the emissions cannot be measured

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 Class I permit;

7. Replacement of an item of air pollution control equipment 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 results:

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 satisfies Appendix 3 of this Chapter and if the requirements 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 physical change

or change in the method of operation without revising the

source’s permit unless the change is specifically prohibited in

the source’s permit or is a change described in subsection (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 method of operation at a Class II source requiring a permit revision under

R18-2-317.01, or a change subject to logging or notice

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 applicable to

an emissions cap created under R18-2-306.02, the following

changes may be made if the source keeps onsite records of the

changes according to Appendix 3:

1. Implementing an alternative operating scenario, including raw material changes;

2. Changing process equipment, operating procedures, or

making any other physical change if the permit requires

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 permit;

4. Replacing an item of air pollution control equipment

listed in the permit with an identical (same model, different serial number) item. The Director may require verification of efficiency of the new equipment by

performance tests; and

5. A change that results in a decrease in actual emissions if

the source wants to claim credit for the decrease in determining whether the source has a net emissions increase

for any purpose. The logged information shall include a

description of the change that will produce the decrease

in actual emissions. A decrease that has not been logged

is creditable only if the decrease is quantifiable, enforceable, and otherwise qualifies as a creditable decrease.

C. Except as provided in the conditions applicable to an emissions cap created under R18-2-306.02, the following changes

may be made if the source provides written notice to the

Department in advance of the change as provided below:

1. Replacing an item of air pollution control equipment

listed in the permit with one that is not identical but that

is substantially similar and has the same or better pollutant removal efficiency: seven days. The Director may

require verification of efficiency of the new equipment by

performance tests;

2. A physical change or change in the method of operation

that increases actual emissions more than 10% of the

major source threshold for any conventional pollutant but

does not require a permit revision: seven days;

3. Replacing an item of air pollution control equipment

listed in the permit with one that is not substantially 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 requirement

that already exists in the permit: 30 days unless otherwise

required by the applicable requirement;

5. A change that amounts to reconstruction of the source 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 facility and

the changes to the components have occurred over the 12

consecutive months beginning with commencement of

construction; and

6. A change that will result in the emissions of a new regulated air pollutant above an applicable regulatory threshold but that does not trigger a new applicable requirement

for that source category: 30 days. For purposes of this

requirement, an applicable regulatory threshold for a conventional air pollutant shall be 10% of the applicable

major source threshold for that pollutant.

D. For each change under subsection (C), the written notice 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 emergency

conditions, such as malfunctions necessitating the replacement

of equipment, may be provided with less than required notice,

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. The written notice shall include:

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 applicable

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 implementation of an alternate operating scenario under subsection (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 submitted 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 subsections (B) and

(C), the source shall comply with subsection (C). If a source

change is described under both subsections (C) and R18-2-

317.01(B), the source shall comply with R18-2-317.01(B).

I. A copy of all logs required under subsection (B) shall be filed

with the Director within 30 days after each anniversary of the

permit issue date. If no changes were made at the source

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 Act, an

administrative permit amendment is a permit revision that

does any of the following:

1. Corrects typographical errors;

2. Identifies a change in the name, address, or phone number of any person identified in the permit, or provides 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 control

of a source as approved under R18-2-323 where the

Director determines that no other change in the permit is

necessary, provided that a written agreement containing a

specific date for transfer of permit responsibility coverage, and liability between the current and new permittee

has been submitted to the Director;

B. Administrative permit amendments to Title IV provisions of

the permit shall be governed by regulations promulgated by

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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

C. The Director shall take no more than 60 days from receipt of a

request for an administrative permit amendment to take final

action on such request, and for Class I permits may incorporate such changes without providing notice to the public or

affected states provided that it designates any such 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 involving a

transfer under R18-2-323, the source may implement the

changes addressed in the request for an administrative 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, new 

Section adopted effective November 15, 1993 

(Supp. 93-4).

R18-2-318.01.Annual Summary Permit Amendments for Class

II Permits

The Director may amend any Class II permit annually without following R18-2-321 in order to incorporate changes reflected in logs

or notices filed under R18-2-317.02. The amendment shall be effective to the anniversary date of the permit. The Director 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 permit.

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 for 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 monitoring, reporting, or recordkeeping requirements in the permit;

3. Do not require or change a case-by-case determination of

an emission limitation or other standard, or a source-specific determination of ambient impacts, or a visibility or

increment analysis;

4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in

order to avoid an applicable requirement to which the

source would otherwise be subject. The terms and conditions 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 Title I of

the Act;

6. Are not changes in fuels not represented in the permit

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 in 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 requirement if all

of the following apply:

a. For emissions units not subject to an emissions cap,

the net emissions increase is less than the significant

level defined in R18-2-101(111);

b. A case-by-case determination of an emission limitation 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 creates a

condition that requires a significant permit revision;

3. A change in fuel from fuel oil or coal, to natural gas or

propane, if not authorized in the permit;

4. A change that results in emissions subject to monitoring,

recordkeeping, or reporting under R18-2-306(A)(3),(4),

or (5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or

reporting requirements already in the permit;

5. A decrease in the emissions permitted under an emissions

cap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and

enforceable; and

6. Replacement of an item of air pollution control equipment 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 trading, and

other similar approaches, to the extent that the minor permit

revision procedures are explicitly provided for in an applicable

implementation plan or in applicable requirements promulgated by the Administrator.

D. An application for minor permit revision shall be on the standard application form contained in Appendix 1 and include the

following:

1. A description of the change, the emissions resulting 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 making the

change immediately after it files the application, the

source’s suggested draft permit;

3. Certification by a responsible official, consistent with

standard permit application requirements, that the proposed revision meets the criteria for use of minor permit

revision procedures and a request that the procedures be

used;

E. EPA and affected state notification. For Class I permits, within

five working days of receipt of an application for a minor permit revision, the Director shall notify the Administrator and

affected states of the requested permit revision in accordance

with R18-2-307.

F. The Director shall follow the following timetable for 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 notified 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

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 41 Supp. 12-1

cation under minor permit revision procedures, or 15

days after the end of the Administrator’s 45-day review

period, whichever is later, 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 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 application

for a revision of a Class II permit under this Section, 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 minor permit

revision application immediately after it files the application.

After the source makes the change allowed by the preceding

sentence, and until the Director takes any of the actions specified in subsection (F), the source shall comply with both the

applicable requirements governing the change and the proposed revised permit terms and conditions. During this time

period, the source need not comply with the existing permit

terms and conditions it seeks to modify. However, if 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 other 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 revisions.

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 adopted 

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

final rulemaking at 5 A.A.R. 4074, effective September 

22, 1999 (Supp. 99-3).

R18-2-320. Significant Permit Revisions

A. For Class I sources, a significant revision shall be 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 because of a change

described in R18-2-319(A)(6) or (7) shall not be considered a

significant permit revision under part 70 for the purposes of 40

CFR 64.5(a)(2). Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall follow

significant revision procedures.

B. A source with a Class II permit shall make the following

changes only after the permit is revised following the public

participation requirements of R18-2-330:

1. Establishing or revising a voluntarily accepted emission

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 permit

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 emission

increase of a pollutant greater than the significance level

in R18-2-101(104);

4. A change that relaxes monitoring, recordkeeping, or

reporting requirements, except when the change results

from:

a. Removing equipment that results in a permanent

decrease in actual emissions, if the source keeps onsite 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 for

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 establishing an emissions cap;

6. A change that will require any of the following:

a. A case-by-case determination of an emission limitation or other standard;

b. A source-specific determination of ambient impacts,

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 Class I permit.

C. Any modification to a major source of federally listed hazardous air pollutants, and any reconstruction of a source, or a process or production unit, under Section 112(g) of the Act and

regulations promulgated thereunder, shall follow significant

permit revision procedures and any rules adopted under A.R.S.

§ 49-426.03.

D. Significant permit revisions shall meet all requirements of this

Article for applications, public participation, review by

affected states, and review by the Administrator that apply to

permit issuance and renewal.

E. When an existing source applies for a significant permit revision to revise its permit from a Class II permit to a Class I permit, it shall submit a Class I permit application in accordance

with R18-2-304. The Director shall issue the entire permit, and

not just the portion being revised, in accordance with Class I

permit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in

R18-2-307 and R18-2-330.

F. The Director shall process the majority of significant permit

revision applications received each calendar year within 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 subsection 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 November 

15, 1993 (Supp. 93-4). 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). 
Supp. 12-1 Page 42 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Amended by final rulemaking at 6 A.A.R. 343, effective 

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

R18-2-321. Permit Reopenings; Revocation and Reissuance;

Termination

A. Reopening for Cause.

1. Each issued permit shall include provisions specifying

the conditions under which the permit shall be reopened

prior to the expiration of the permit. A permit shall be

reopened and revised under any of the following circumstances:

a. Additional applicable requirements under the Act

become 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 requirement. No such reopening is required if the effective

date of the requirement is later than the date on

which the permit is due to expire, unless the original

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 emissions

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 inaccurate 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, including

appeal of any final action relating to a permit reopening,

shall follow the same procedures as apply to initial permit

issuance and shall, except for reopenings under subsection (1)(a), affect only those parts of the permit for which

cause to reopen exists. Such reopening shall be made as

expeditiously as practicable.

3. Reopenings under subsection (A)(1) shall not be initiated

before a notice of such intent is provided to the source by

the Director at least 30 days in advance of the date that

the permit is to be reopened, except that the Director may

provide a shorter time period in the case of an emergency.

4. When a permit is reopened and revised pursuant to this

Section, the Director may make appropriate revisions to

the permit shield established pursuant to R18-2-325.

B. Within 10 days of receipt of notice from the Administrator that

cause exists to reopen a Class I permit, the Director shall

notify the source. The source shall have 30 days to respond to

the Director. Within 90 days of receipt of notice from the

Administrator that cause exists to reopen a permit, or within

any extension to the 90 days granted by EPA, the Director

shall forward to the Administrator and the source a proposed

determination of termination, revision, or revocation 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 that the permit was obtained by fraud or misrepresentation.

2. The person applying for the permit failed to disclose a

material fact required by the permit application form or

the regulation applicable to the permit, of which the

applicant had or should have had knowledge at the time

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 under this Section, the notice shall be served on the permittee by certified

mail, return receipt requested. The notice shall include 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 as 

R18-2-321 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Section repealed, new Section 

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 procedural

requirements, including any for public participation and

affected states and Administrator review, that would apply to

that permit’s initial issuance.

B. Except as provided in R18-2-303(A), permit expiration terminates the source’s right to operate unless a timely application

for renewal that is sufficient under A.R.S. § 41-1064 has been

submitted in accordance with R18-2-304. Any testing that 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 permit 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 as 

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 subsection (B), a

Class I or II permit may be transferred to another person if the

person who holds the permit gives notice to the Director in

writing at least 30 days before the proposed transfer. 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 person to

receive the permit;

4. The name and title of the individual within the organization who is accepting responsibility for the permit along

with a signed statement by that person indicating such

acceptance;

5. A description of the equipment to be transferred;

6. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability

between the current and new permittee;

7. Provisions for the payment of any fees pursuant to R18-2-

326 or R18-2-501 that will be due and payable before the

effective date of transfer;

8. Sufficient information about the source’s technical and

financial capabilities of operating the source to allow the

Director to make the decision in subsection (B) including:
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 43 Supp. 12-1

a. The qualifications of each person principally responsible for the operation of the source;

b. A statement by the chief financial officer of the new

permittee that it is financially capable of operating

the facility in compliance with the law, and the

information that provides the basis for that statement;

c. A brief description of any action for the enforcement

of any federal or state law, or any county, city, or

local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally

responsible for operating the facility during the five

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 Director determines

that the organization receiving the permit is not capable of

operating the source in compliance with A.R.S. Title 49,

Chapter 3, Article 2, the provisions of this Chapter or the provisions of the permit. Notice of the denial shall be sent to the

original permit holder by certified mail stating the reason for

the denial within 10 working days of the Director’s receipt of

the application. If the transfer is not denied within 10 working

days after receipt of the notice, it shall be deemed 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 as 

R18-2-323 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Section repealed, new Section 

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

Amended by final rulemaking at 12 A.A.R. 4698, effective February 3, 2007 (Supp. 06-4).

R18-2-324. Portable Sources

A. A portable source that will operate for the duration of its permit solely in one county that has established a local air pollution control program pursuant to A.R.S. § 49-479 shall 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 proposes to

operate outside the county shall obtain a permit from 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 shall notify

the Director and the control officer who has jurisdiction over

the geographic area that includes the new location according to

subsection (D).

C. An owner of portable source equipment which requires a permit under this Chapter shall obtain the permit prior to renting

or leasing said equipment. This permit shall be provided by the

owner to the renter or lessee, and the renter or lessee shall be

bound by the permit provisions. In the event a copy of the permit is not provided to the renter or lessee, both the owner and

the lessee or renter shall be responsible for the operation of

this equipment in compliance with the permit conditions and

any violations thereof.

D. A portable source may be transferred from one location to

another provided that the owner or operator of such equipment

notifies the Director and any control officer who has jurisdiction over the geographic area that includes the new location 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 equipment is to

be transferred, including the availability of all utilities,

such as water and electricity, necessary for the proper

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 will begin

at the new location.

E. Any permit for a portable source shall contain conditions that

will assure compliance with all applicable requirements 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 Chapter shall 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 compliance with

the conditions of the permit shall be deemed compliance with

any applicable requirement as of the date of permit issuance,

provided that such applicable requirements are included and

expressly identified in the permit. The Director may include in

a permit determinations that other requirements specifically

identified are not applicable. Any permit under this 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 alter or affect the

following:

1. The provisions of Section 303 of the Act (emergency

orders), including the authority of the Administrator

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 program,

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 of the

Act, or any provision of state law;

5. The authority of the Director to require compliance with

new applicable requirements adopted after the permit is

issued.

C. In addition to the provisions of R18-2-321, a permit may be

reopened by the Director and the permit shield revised when it

is determined that standards or conditions in the permit are

based on incorrect information provided by the applicant.

Historical ote

Emergency rule adopted effective September 17, 1991, 

pursuant to A.R.S. § 41-1026, valid for only 90 days 

(Supp. 91-3). Emergency rule re-adopted without change 

effective December 16, 1991, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 91-4). Emergency 

expired; text deleted (Supp. 93-1). New Section adopted 

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 source required

to have an air quality permit from the Director shall 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 following 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 to 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 shall pay to

the Director the following:

a. $133.50 per hour, adjusted annually under subsection (H), for all permit processing time required for 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 permit

processing fees based on the most recent accounting of

time spent processing the permit including any fees for

contractors.

3. Upon completion of permit processing activities other

than issuance or denial of the permit or permit revision,

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 source is

$25,000. Except as provided in subsection (G), the Director shall not issue a permit or permit revision until the

final bill is paid in full.

C. Class I Title V Fees. The owner or operator of a Class I Title V

source that has undergone initial startup by January 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 actual emissions of all regulated pollutants emitted during the previous calendar year ending 12 months earlier. The fee is

adjusted annually under subsection (d) and due by February 1 or 60 days after the Director mails the invoice under

subsection (F), whichever is later.

a. For purposes of this Section, “actual emissions”

means the quantity of all regulated pollutants emitted during the calendar year, as determined by the

annual emissions inventory under R18-2-327.

b. For purposes of this Section, regulated pollutants

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

PM10;

iii. Emissions from insignificant activities listed in

the permit application for the source under

R18-2-304(E)(8);

iv. Fugitive emissions of PM10 from activities

other than crushing, belt transfers, screening, or

stacking; and

v. Fugitive emissions of VOC from solutionextraction units.

d. The Director shall adjust the rate for emission-based

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 by

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 Class II Title

V source that has undergone initial startup by January 1 shall

pay the applicable administrative fee from the table 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

$20,490
Arizona 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 year, and

annually thereafter. The fee is due by February 1 or 60 days

after the Director mails the invoice under subsection (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 calendar year,

and annually thereafter. The fee is due by February 1 or 60

days after the Director mails the invoice under subsection (F),

whichever is later.

F. The Director shall mail the owner or operator of each 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 action may 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 received by the

Director within 30 days of the date of the final bill.

Unless the Director and person agree otherwise, the informal review shall take place within 30 days after the

Director’s receipt of the request. The Director shall

arrange the date and location of the informal review with

the person at least 10 business days before the informal

review. The Director shall review whether the amounts of

time billed are correct and reasonable for the tasks

involved. The Director shall mail his or her decision on

the informal review to the person within 10 business days

after the informal review date.

2. The Director’s decision after informal review shall

become final unless, within 30 days after person’s receipt

of the informal review decision, the person requests 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 revision.

H. The Director shall adjust the hourly rate every November 1, to

the nearest 10 cents per hour, after December 4, 2007, 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) every November 1, to the nearest $10, beginning December 4, 2007, by

multiplying the administrative or inspection fee by the 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 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.

I. An applicant for a Class I or Class II permit or permit revision

may request that the Director provide accelerated processing

of the application by providing the Director written notice 60

days before filing the application. The request shall be accompanied by an initial fee of $15,000. The fee is non-refundable

to the extent of the Director’s costs for accelerating the processing if the Director undertakes the accelerated processing

described below:

1. If an applicant requests accelerated permit processing, 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 permits

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 application is complete.

b. For minor permit revisions under R18-2-319, the

Director shall issue or deny the permit revision

within 60 days after receiving a complete application.

2. At any time after an applicant requests accelerated permit

processing, the Director may require additional advance

payments based on the most recent estimate of additional

costs.

3. Upon completion of permit processing activities but

before issuance or denial of the permit or permit revision,

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 processing

and other fees due, and, in addition, the difference

between the cost of accelerating the permit application,

including any costs incurred by the Director in contracting for, hiring, or supervising the work of outside consultants, and all advance payments submitted for accelerated

processing. In the event all payments made exceed actual

accelerated permit costs, the Director shall refund the

excess advance payments. Nothing in this subsection

affects the public participation requirements of R18-2-

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 permitted source

that has undergone initial startup but was shut down for the

entire preceding year shall pay 50 percent of the administrative

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 source 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 conducting a risk

management analysis (RMA) according to R18-2-1708(B), the

applicant shall pay any costs incurred by the Director in contracting for, hiring or supervising work of outside consultants.

M. Transition.

1. Subsections (A) through (J) of this Section are effective

December 4, 2007. The first administrative or inspection

fees are due on February 1, 2008.

2. Except as provided in subsection (b), all fees incurred

after December 4, 2007, are payable in accordance with

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, 2008.

Class II Title V Source Category Administrative Fee

Synthetic minor sources, except portable sourcesAdministrative 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 $750
Supp. 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 determined

to be complete.

c. Fees accrued but not yet paid before the effective

date of this Section remain as obligations to be paid

to the Department.

Historical ote

Emergency rule adopted effective September 17, 1991, 

pursuant to A.R.S. § 41-1026, valid for only 90 days 

(Supp. 91-3). Emergency rule re-adopted without change 

effective December 16, 1991, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 91-4). Emergency 

expired; text deleted (Supp. 93-1). New Section 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, effective November 4, 2004 (Supp. 04-4). 

Amended by final rulemaking at 13 A.A.R. 4379, effective December 4, 2007 (Supp. 07-4).

R18-2-326.01.Emissions-Based Fee Increase Related to Individual Permits for Fiscal Year 2011

In addition to the emissions-based fees required under R18-2-

326(C) for Class I Title V sources for Calendar Year 2008, a onetime emissions-based fee of $20.82 per ton of actual emissions of

all regulated pollutants emitted during Calendar Year 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 include emission information for the previous calendar year. These 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 the Director

and shall include the following information:

1. The source’s name, description, mailing address, contact

person and contact person phone number, and physical

address and location, if different than the mailing address.

2. Process information for the source, including design

capacity, operations schedule, and emissions control

devices, their description and efficiencies.

3. The actual quantity of emissions from permitted emission

points and fugitive emissions as provided in the permit,

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 pollutant in subsection (a) of the definition of “significant”

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 certified

pursuant to 40 CFR 75, Subpart C and referenced appendices, 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 pursuant 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 being

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 Publication

No. AP-42 “Compilation of Air Pollutant Emission Factors,” 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 with 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 estimates shall

be calculated from material balance using engineering

knowledge of process.

5. When sufficient data pursuant to subsections (C)(1)

through (C)(4) is not available, emissions estimates shall

be calculated by equivalent methods approved by the

Director. The Director shall only approve methods that

are demonstrated as accurate and reliable as the applicable method in subsections (C)(1) through (4).

D. Actual quantities of emissions calculated under subsection (C)

shall be determined on the basis of actual operating hours, production rates, in-place process control equipment, operational

process control data, and types of materials processed, stored,

or combusted.

E. An amendment to an annual emission inventory questionnaire,

containing the documentation required by subsection (B)(3),

shall be submitted to the Director by any source whenever it

discovers or receives notice, within two years of the original

submittal, that incorrect or insufficient information was submitted to the Director by a previous questionnaire. If the incorrect or insufficient information resulted in an incorrect annual

emissions fee, the Director shall require that additional payment be made or shall apply an amount as a credit to a future

annual emissions fee. The submittal of an amendment under

this subsection shall not subject the owner or operator to an

enforcement action or a civil or criminal penalty if 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 pursuant 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 days 

(Supp. 91-3). Emergency rule re-adopted without change 

effective December 16, 1991, pursuant to A.R.S. § 41-

1026, valid for only 90 days (Supp. 91-4). Emergency 

expired; text deleted (Supp. 93-1). New Section adopted 

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 requirement of

a permit issued pursuant to this Chapter if the Director makes

each of the following findings:

1. Issuance of the conditional order will not endanger 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 the

breakdown or upset may be corrected within a reasonable time;

b. There is no reasonable relationship between the economic and social cost of, and benefits to be obtained

from, achieving compliance.

B. The following procedures shall apply to a person seeking a

conditional order:

1. The person shall file a petition for a conditional 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 undertaken

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 compliance and interim dates as appropriate;

e. A detailed analysis of the economic and social costs

and benefits of achieving compliance with the

requirement for which the variance is sought, if the

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 set 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 conditional order

and of the hearing date on said petition shall be published

in the manner provided in A.R.S. § 49-444 and R18-2-

330.

C. Decisions on petitions for a conditional order shall be made as

follows:

1. For any conditional order that requires a revision to the

SIP, the Director shall comply with the requirements contained in 40 CFR 51, Subpart F.

2. For any other conditional order, the Director shall grant

or deny the petition with such terms and conditions as are

listed in subsection (E)(2) within 30 days after the 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 consistent 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 shall conform

to the following:

1. A conditional order issued by the Director shall be valid

for such period as the Director prescribes but in no event

for more than one year in the case of a source that is

required to obtain a permit pursuant to this Chapter 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 condition to the granting or the continued existence of a conditional order shall include:

a. A detailed plan for completion of corrective steps

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 as

specified in the compliance schedule;

c. Written reports, at least quarterly, of the status of the

source and construction progress;

d. The right of the Director to make periodic inspection

of the facilities for which the conditional order is

granted;

e. Such additional terms and conditions as the Director

finds necessary to meet the requirements of this Section 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 period and

all renewals shall not exceed three years from the date of

initial issuance of the order. Petitions for renewal may be

filed at any time not more than 60 days nor less than 30

days prior to the expiration of the order. The Director,

within 30 days of receipt of a petition, shall renew the

conditional order for one year if the petitioner is in compliance and conforming with the terms and conditions

imposed. The Director may refuse to renew the conditional 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 conditional

order for a total term of two additional years only if the

Director finds that failure to comply and conform is due

to conditions beyond the control of such petitioner.

4. If the Director amends or adopts any rule imposing 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 require the

implementation of control strategies necessitating the

installation of additional or different air pollution control

equipment, the Director may renew a conditional order

for an additional term. The term of the renewal shall be

governed by the preceding subsections of this Section,

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 requirements

of the applicable implementation plan, in which case

the conditional order shall be submitted to the

Administrator as a revision to the applicable implementation plan pursuant to Section 110(l) of the Act

and shall become effective upon approval by the

Administrator.

b. The conditional order varies from the requirements

of a permit issued for a facility that is required to
Supp. 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 conditional order

shall subject the source to suspension or revocation 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 Conditions of

Federal Delayed Compliance Orders (DCO) or Consent

Decrees 

A. The terms and conditions of either a delayed compliance 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 permit renewal.

B. The owner or operator of a source subject to a DCO or consent

decree shall submit to the Director a quarterly report of the status of the source and construction progress and copies of any

reports to the Administrator required under the order or

decree. The Director may require additional reporting 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 same 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 opportunity for

public comment, and an opportunity for a hearing before 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 permit,

4. Any conditional orders pursuant to R18-2-328,

5. Granting a variance from a general permit under R18-2-

507 and R18-2-1705.

B. The Director shall provide public notice of receipt of complete

applications for permits to construct or make a major modification to major sources by publishing a notice in a newspaper

of general circulation in the county where the source is or will

be located.

C. The Director shall provide the notice required pursuant to subsection (A) as follows:

1. The Director shall publish the notice once each week 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 persons on

a mailing list developed by the Director consisting of

those persons who have requested in writing to be placed

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 processing

the permit action;

4. The activity or activities involved in the permit action;

5. The emissions change involved in any permit revisions;

6. The air contaminants to be emitted;

7. If applicable, that a notice of confidentiality has been

filed under R18-2-305;

8. If applicable, that the source has submitted a risk management analysis under R18-2-1708;

9. A statement that any person may submit written comments, or a written request for a public hearing, or both,

on the proposed permit action, along with the deadline for

such requests or comments;

10. The name, address, and telephone number of a person

from the Department from whom additional information

may be obtained;

11. Locations where copies of the permit or permit revision

application, the proposed permit, and all other materials

available to the Director that are relevant to the permit

decision may be reviewed, including the closest Department office, and the times at which they shall be available

for public inspection.

12. The Director shall include a statement in the public notice

if the permit or permit revision would result in the generation of emission reduction credits under R18-2-1204, 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 vary from

requirements of the applicable implementation plan. For all

other actions involving a proposed permit, the Director shall

hold a public hearing only upon written request. If a public

hearing is requested, the Director shall schedule the hearing

and publish notice as described in A.R.S. § 49-444 and subsection (D). The Director shall give notice of any public 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 containing the

information required in subsection (D) at the site where the

source is or may be located. Consistent with federal, state, and

local law, the posting shall be prominently placed at a location

under the applicant’s legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway.

If a public hearing is to be held, the applicant shall place an

additional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is

closed.

G. The Director shall provide at least 30 days from the 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 written

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 commenters.

Historical ote

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

Amended by final rulemaking at 8 A.A.R. 1815, effective 

March 18, 2002 (Supp. 02-1). R18-2-330 has been corrected to include subsection (D)(12), which was omitted 

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 issued 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 technology

required under Article 17 of this Chapter;

c. A requirement for the installation or certification of

a monitoring device;

d. A requirement for the installation of air pollution

control equipment;

e. A requirement for the operation of air pollution control equipment;

f. An opacity standard required by Section 111 or Title

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 where the violation resulted from a sudden and unavoidable breakdown of

the process or the control equipment, resulted from unavoidable conditions during a start up or shut down or resulted from

upset of operations.

C. For purposes of this Section, the term “emission standard”

shall have the meaning specified in A.R.S. §§ 49-464(U) and

49-514(T).

Historical ote

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

Amended effective June 4, 1998 (Supp. 98-2). Amended 

by final rulemaking at 12 A.A.R. 1953, effective January 

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 prior to

December 31, 1970, for which the owner or operator had:

1. Begun, or caused to begin, a continuous program of physical on-site construction of the stack;

2. Entered into building agreements or contractual obligations, 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; or

3. Coal-fired steam electric generating units, subject to the

provisions of Section 118 of the Act which commenced

operation before July 1, 1975, with stacks constructed

under a construction contract awarded before February 8,

1974.

B. GEP stack height is calculated as the greater of the 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 applicable

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, where

Hg = good engineering practice stack height, measured from the ground-level elevation at the base of

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 control

agency may require the use of a field study or fluid model

to verify GEP stack height for the source; or

4. The height demonstrated by a fluid model or a field study

approved by the reviewing agency, which ensures that the

emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric

downwash, wakes, or eddy effects created by the source

itself, nearby structures, or nearby terrain obstacles;

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 times

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 distance 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 greater,

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 exceeding 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 which

individually 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 emissions

from all sources that is greater than an ambient air

quality standard. For sources subject to the requirements for permits or permit revisions under Article 4

of this Chapter, an excessive concentration alternatively 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 which

individually 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 emission

rate to be used in making demonstrations under subsection (B)(4) shall be prescribed by the new source

performance standard which is applicable to the

source category unless the owner or operator demonstrates that this emission rate is infeasible. Where

such demonstrations are approved by the Director,

an alternative emission rate shall be established in

consultation with the source owner or operator;
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 after

November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking

stack height credit after December 31, 1970, based

on the aerodynamic influence of structures not adequately represented by the equations in subsections

(B)(2) and (3), a maximum ground-level concentration due in whole or in part to downwash, wakes, or

eddy effects that is at least 40% in excess of the

maximum concentration experienced in the absence

of such downwash, wakes, or eddy effects.

C. The degree of emission limitation required of any source after

the respective date given in subsection (A) above for control of

any pollutant shall not be affected by so much of any source’s

stack height that exceeds good engineering practice or by any

other dispersion technique.

D. The good engineering practice (GEP) stack height for any

source seeking credit because of plume impaction which

results in concentrations in violation of national ambient air

quality standards or applicable maximum allowable increases

under R18-2-218 can be adjusted by determining the stack

height necessary to predict the same maximum air pollutant

concentration on any elevated terrain feature as the maximum

concentration associated with the emission limit which results

from modelling the source using the GEP stack height as

determined herein and assuming the elevated terrain features

to be equal in elevation to the GEP stack height. If this

adjusted GEP stack height is greater than stack height the

source proposes to use, the source’s emission limitation and air

quality impact shall be determined using the proposed stack

height and the actual terrain heights.

E. Before the Director issues a permit or permit revision under

this Article to a source based on a good engineering practice

stack height that exceeds the height allowed by subsection (B),

the Director shall notify the public of the availability of the

demonstration study and provide opportunity for a public hearing in accordance with the requirements of R18-1-402.

Historical 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 appendices,

adopted as of July 1, 2006, (and no future amendments) are

incorporated by reference as applicable requirements. These

standards are on file with the Department and shall be applied

by the Department. These standards can be obtained from the

U.S. Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington D.C. 20402-9328. 

B. When used in 40 CFR 72, 74, 75 or 76, “Permitting Authority”

means the Arizona Department of Environmental Quality and

“Administrator” means the Administrator of the United States

Environmental Protection Agency.

C. If the provisions or requirements of the regulations incorporated in this Section conflict with any of the remaining portions of this Title, the regulations incorporated in this Section

apply and take precedence.

Historical 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, effective 

August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 4170, effective October 11, 2000

(Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 

2543, effective May 24, 2002 (Supp. 02-2). Amended by 

final rulemaking at 10 A.A.R. 3281, effective September 

27, 2004 (Supp. 04-3). Amended by final rulemaking at 

11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). 

Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).

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 impairment that interferes with the management, protection,

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

410.

2. “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, totaling

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 combined

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 contains all

the information necessary for processing the application.

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 engineering practice stack height;

b. Varying the rate of emission of a pollutant according

to atmospheric conditions or ambient concentrations

of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating 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 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 it

was 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 that

includes 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 for

greater dispersion. Absent a demonstration by the source owner or operator that

merging was not significantly motivated

by such intent, the Department shall deny

credit 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 source.

6. “Innovative control technology” means any system of air

pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood

of achieving greater continuous emissions reduction than

any control system in current practice, or of achieving 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 terrain.

8. “Lowest achievable emission rate” (LAER) means, for

any source, the more stringent rate of emissions based on

one of the following: 

a. The most stringent emissions limitation that is contained in the SIP of any state for the class or category of stationary source, unless the owner or

operator 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 stationary source. This limitation, when applied to a

modification, means the lowest achievable emissions rate for the new or modified emissions units

within the stationary source. The application of this

term shall not permit a proposed new or modified

stationary source to emit any pollutant in excess of

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 potential to

emit, 100 tons per year or more of any conventional

air pollutant if the source is classified as a Categorical Source, or 250 tons per year or more of any pollutant 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 levels

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

PM10

NOx

NOx

or

Ozone, Serious

Ozone, Severe

PM10, Serious

Ozone, Serious

Ozone, Severe

50

25

70

50

25
Supp. 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 potential

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 considered major for ozone; or

h. A major source that is major for oxides of nitrogen

shall be major for ozone in nonattainment areas classified 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 stationary

source, as determined in accordance with the provisions

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 preparing solid waste for reuse. Only energy conversion facilities that utilize solid waste that provides more than 50%

of the heat input shall be considered a resource recovery

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). Amended 

effective October 2, 1979 (Supp. 79-5). Former Section 

R9-3-401 renumbered without change as Section R18-2-

401 (Supp. 87-3). Section R18-2-401 renumbered to R18-

2-601. New Section R18-2-401 adopted effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 

(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 major 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 under this Article shall not be considered complete unless the application

demonstrates that:

1. The requirements in subsection (C) are met;

2. The more stringent of the applicable new source performance standards in Article 9 of this Chapter or the existing source performance standards in Article 7 of this

Chapter are applied to the proposed new major source or

major modification of a major source;

3. The visibility requirements contained in R18-2-410 are

satisfied;

4. All applicable provisions of Article 3 of this Chapter are

met;

5. The new major source or major modification will be in

compliance with whatever emission limitation, design,

equipment, work practice or operational standard, or

combination thereof is applicable to the source or modification. The degree of emission limitation required for

control of any pollutant under this Article shall not 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 implemented

prior to December 31, 1970;

6. The new major source or major modification will not

exceed the applicable standards for hazardous air pollutants contained in this Chapter;

7. The new major source or major modification will not

exceed the limitations, if applicable, on emission from

nonpoint sources contained in Article 6 of this Chapter;

8. A stationary source that will emit five or more tons of

lead per year will not violate the ambient air quality standards for lead contained in R18-2-206;

9. The new major source or major modification will not

have an adverse impact on visibility, as determined

according to R18-2-410.

C. Except for assessing air quality impacts within Class I areas,

the air impact analysis required to be conducted as part of a

permit application shall initially consider only the geographical area located within a 50 kilometer radius from the point of

greatest emissions for the new major source or major modification. The Director, on his own initiative or upon receipt 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 by giving the

person applying for the permit or permit revision written

notice thereof, specifying the enlarged radius to be 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 capable of

being accurately used in such demonstration, and which are

subjected to terrain and atmospheric stability conditions which

are comparable or which may be extrapolated with reasonable

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 following

requirements:

1. Within 60 days after receipt of an application for 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 application

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 Director

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 major

modification would occur:

Averaging Time 

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

SO2 1 μg/m3

5 μg/m325 μg/m3

NO2 1 μg/m3

CO 0.5 mg/m32 μg/m3

PM10 1 μg/m3

5 μg/m3

Except for the annual pollutant concentrations, the Department

shall deem that exceedance of significance levels has occurred

when the ambient concentration of the above pollutant is

exceeded more than once per year at any one location. 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 application is located;

b. The county manager for the county wherein the proposed 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 which

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 authority for land use planning in the area where the proposed 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 governing body whose lands may be affected by emissions

from the proposed source or modification.

3. The Director shall take final action on the application

within one year of the proper filing of the completed

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 construction or

major modification is not begun within 18 months of

issuance or, if during the construction or major modification, work is suspended for more than 18 months.

Historical ote

Amended effective August 6, 1976 (Supp. 76-4). Former 

Section R9-3-402 repealed, new Section R9-3-402 

adopted effective May 14, 1979 (Supp. 79-1). Amended 

and adopted by reference Open Burning Guidelines for 

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). Section 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 onattainment

Areas

A. Except as provided in subsections (C) through (G) below, no

permit or permit revision shall be issued under this 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 classified as a

major source or the modification is classified as a major 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 determining

lowest achievable emission rate for a reconstructed stationary source, the provisions of 40 CFR 60.15(f)(4) shall

be taken into account in assessing whether a new source

performance standard is applicable to such stationary

source.

2. The person demonstrates that all existing major sources

owned or operated by that person (or any entity controlling, controlled by, or under common control with that

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 emission

limitations and standards under the Act and this Chapter.

3. The person demonstrates that emission reductions for the

specific pollutant(s) from source(s) in existence in the

allowable offset area of the new major source or major

modification (whether or not under the same ownership)

meet the offset and net air quality benefit requirements of

R18-2-404.

B. No permit or permit revision under this Article shall be issued

to a person proposing to construct a new major source or make

a major modification to a major source located in a nonattainment area unless:

1. The person performs an analysis of alternative sites,

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, construction, or modification.

C. At such time that a particular source or modification becomes

a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was

established after August 7, 1980, on the capacity of the source

or modification otherwise to emit a pollutant, such as restriction on hours of operation, then the requirements of this Section shall apply to the source or modification as though

construction had not yet commenced on the source or modification.

D. Secondary emissions shall not be considered in determining

the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this Section

on the basis of its direct emissions, a permit or permit revision

under this Article to construct the new source or modification

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 subsections (A)(1),

(2), and (3) are met for fugitive emissions caused by the new

source or modification. However, these conditions shall not

apply to a new major source or major modification that would

be a major source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating

the potential emissions of the source or modification, and the

source is not either a categorical source or belongs to the category of sources for which New Source Performance Standards

under 40 CFR 60 or National Emission Standards for Hazardous Air Pollutants under 40 CFR 61 were promulgated by the

Administrator prior to August 7, 1980.

F. The requirements of subsection (A)(3) shall not apply to temporary emission sources, such as pilot plants and portable

sources, which are only temporarily located in the nonattainment area, are otherwise regulated by a permit, and are 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 modification to emit

only to the extent that the Director has not relied on it in issuing any permit or permit revision under this Article 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 purposes listed in

Section 173(d) of the Act.
Supp. 12-1 Page 54 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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). Former 

Section R9-3-403 renumbered without change as Section 

R18-2-403 (Supp. 87-3). Section R18-2-403 renumbered 

to R18-2-603, new Section R18-2-403 adopted effective 

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

R18-2-404. Offset and et Air Quality Benefit Standards

A. Increased emissions by a major source or major modification

subject to this Article shall be offset by reductions in the emissions of each pollutant for which the area has been designated

as nonattainment and for which the source or modification is

classified as major. The offset may be obtained by reductions

in emissions from the source or modification or from any other

source in the allowable offset area. Credit for an emissions offset can be used only if it has not been relied upon in 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 under any provision of the SIP.

B. An offset shall not be sufficient unless reductions of total

emissions for the particular pollutant for which the offset is

required will be: 

1. Obtained from sources within the allowable offset area;

2. Contemporaneous with the operation of the new major

source or major modification;

3. Less than the baseline of the total emissions for that pollutant, except in ozone nonattainment areas classified 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 for that 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 major source

or major modification by a ratio of at least 1.10 to 1. In ozone

nonattainment areas classified as moderate, total emissions of

VOC and oxides of nitrogen from other sources shall offset

those proposed or permitted from the major source or 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 R18-2-405.

D. Only intrapollutant emission offsets shall be allowed. Intrapollutant emission offsets for VOC shall only include offset

reductions in emissions of VOC. Intrapollutant emission offsets for oxides of nitrogen shall only include offset reductions

in emissions of oxides of nitrogen.

E. For purposes of this Section, “reasonable further progress”

means compliance with the schedule of annual incremental

reductions in emissions of the applicable air pollutant prescribed by the Director based on air quality modeling 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 benefit” means

that, during similar time periods, either subsection (F)(1) or (2)

below is applicable:

1. A reduction in the number of violations of the applicable

Arizona ambient air quality standard within the allowable

offset area has occurred and the following mathematical

expression is satisfied:

when:

C = The applicable Arizona ambient air quality standard.

xi = The concentration level of the violation at the i[th]

receptor for the pollutant after offsets.

N = The number of violations for the pollutant after offsets (N ≤ K).

xj = The concentration level of the violation at the j[th]

receptor for the pollutant before offsets.

K = The number of violations for the pollutant before

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 that have

obtained a permit or permit revision under this Article

(regardless of whether or not the sources are in actual

operation at the time of application for the permit or permit revision) shall be the total actual emissions at 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 actual emissions of the source from which offset credit is obtained if:

a. No emission limitations are applicable to a source

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 pollutant allow

greater emissions than the potential emission rate of the

source for that pollutant, the baseline shall be the potential emission rate at the time application for the permit or

permit revision under this Article is filed, and emissions

offset credit shall be allowed only for control below the

potential emission rate.

H. For an existing fuel combustion source, offset credit shall be

based on the allowable emissions under the regulations or permit conditions applicable to the source for the type of fuel

being burned at the time the application for the permit or permit revision under this Article is filed. If an existing source

commits to switch to a cleaner fuel at some future date, emissions offset credit based on the actual emissions for 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 specified alternative control measure that would achieve the same degree

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 has

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 applicable, when

all facilities involved in the emission offset calculations are

operating at their maximum expected or allowed production

xi– C

N

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

i 1=

N

∑

xj– 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 subsection (H), utilizing the type of fuel burned at the time the application for the

permit or permit revision under this Article is filed. A tonsper-year basis shall not be used if the new or modified 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 existing

source or permanently curtailing production or operating hours

below baseline levels may be credited, if the work force to be

affected has been notified of the proposed shutdown or curtailment. No offset credit for shutdowns or curtailments shall be

provided for emissions reductions that are necessary to bring a

source into compliance with RACT or any other standard

under an applicable implementation plan.

K. The allowable offset area shall be the geographical area in

which the sources are located whose emissions are being

sought to offset emissions from a new major source or major

modification. For the pollutants sulfur dioxide, PM10, and carbon monoxide, the allowable offset area shall be determined

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 major modification, and the pollutants disperse from substantially the same

effective stack height, atmospheric dispersion modeling shall

not be required. The allowable offset area for all other pollutants shall be the nonattainment areas for those pollutants

within which the new major source or major modification is to

be located.

L. An emission reduction may only be used to offset emissions if

the reduced level of emissions will continue for the life of the

new source or modification and if the reduced level of emissions is federally and legally enforceable at the time of permit

issuance. It shall be considered legally enforceable 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 emissions

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 permit or permit revision under this Article for the new major source

or major modification;

2. The emission reduction is adopted as a part of this Chapter or comparable rules of any other governmental entity

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 September 

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 November 

15, 1993 (Supp. 93-4). Amended effective February 28, 

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, effective 

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

R18-2-405. Special Rule for Major Sources of VOC or

Oxides of itrogen in Ozone onattainment Areas Classified as

Serious or Severe

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or oxides of nitrogen in ozone nonattainment areas classified as serious or severe. Unless

otherwise provided in this Section, all requirements of Articles

3 and 4 of this Chapter apply.

B. “Significant” means, for the purposes of a major modification

of any major source of VOC or oxides of nitrogen, or for

determining whether an otherwise minor source is major under

R18-2-401(9)(d), any physical change or change in the method

of operations that results in net increases in emissions of either

pollutant by more than 25 tons when aggregated with all other

creditable increases and decreases in emissions from the

source over the previous five consecutive calendar years,

including the calendar year in which the increase is 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 nitrogen before

netting does not trigger a five-year aggregation exercise.

C. For any major source that emits or has the potential to emit

less than 100 tons VOC or oxides of nitrogen per year, a significant increase in VOC or oxides of nitrogen, respectively,

shall constitute a major modification except that the increase

in emissions from any discrete emissions unit, operation, or

other pollutant emitting activity that 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 shall not be considered part of

the major modification. BACT shall be substituted for 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 potential to emit

100 tons or more of VOC or oxides of nitrogen per year, any

significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification. If the increase in

emissions from the modification at any discrete emissions

unit, operation, or other pollutant emitting activity 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 above the

internal offset described herein shall be subject to the offset

requirements in subsections (E) and (F).

E. For any new major source or major modification that is classified as major because of emissions or potential to emit VOC or

oxides of nitrogen in an ozone nonattainment area classified as

serious, the increase in emissions of these pollutants from the

source or modification shall be offset at a ratio of 1.2 to 1. The

offset shall be made in accordance with the provisions of R18-

2-404.

F. For any new major source or major modification that is classified as such because of emissions or potential to emit VOC or

oxides of nitrogen in an ozone nonattainment area classified as

severe, the increase in emissions of these pollutants from the

source or modification shall be offset at a ratio of 1.3 to 1. If

the SIP requires all existing major sources of these pollutants

in the nonattainment area to apply BACT, then the offset ratio

shall be 1.2 to 1. These offsets shall be made in accordance

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, 1975 

(Supp. 75-1). Former Section R9-3-405 repealed, new

Section R9-3-405 adopted effective May 14,1979 (Supp. 

79-1). Amended effective October 2, 1979 (Supp. 79-5). 

Former Section R9-3-405 renumbered without change as 
Supp. 12-1 Page 56 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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, effective 

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

R18-2-406. Permit Requirements for Sources Located in

Attainment and Unclassifiable Areas

A. Except as provided in subsections (B) through (G) below and

R18-2-408 (Innovative control technology), no permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a major

modification to a major source that would be constructed in an

area designated as attainment or unclassifiable for any pollutant unless the source or modification meets the following conditions:

1. A new major source shall apply best available control

technology (BACT) for each pollutant listed in R18-2-

101(104)(a) for which the potential to emit is significant.

2. A major modification shall apply BACT for each pollutant listed in R18-2-101(104)(a) for which the modification would result in a significant net emissions increase at

the source. This requirement applies to each proposed

emissions unit at which a net emissions increase in the

pollutant would occur as a result of a physical change or

change in the method of operation in the unit.

3. For phased construction projects, the determination of

BACT shall be reviewed and modified as appropriate at

the latest reasonable time which occurs no later than 18

months prior to commencement of construction of each

independent phase of the project. At such time the owner

or operator of the applicable stationary source may be

required to demonstrate the adequacy of any previous

determination of 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, including

fuel cleaning or treatment, clean fuels, or innovative fuel

combustion techniques, for control of such pollutant. In

no event shall such application of BACT result in emissions of any pollutant, which would exceed the emissions

allowed by any applicable new source performance standard or national emission standard for hazardous air pollutants under Articles 9 and 11 of this Chapter. If the

Director determines that technological or economic limitations on the application of measurement methodology

to a particular emissions unit would make the imposition

of an emissions standard infeasible, a design, equipment,

work practice, operational standard, or combination

thereof may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to

the degree possible, set forth the emissions reduction

achievable by implementation of such design, equipment,

work practice, or operation and shall provide for compliance by means which achieve equivalent results.

5. The person applying for the permit or permit revision

under this Article performs an air impact analysis and

monitoring as specified in R18-2-407, and such analysis

demonstrates that allowable emission increases from the

proposed new major source or major modification, in

conjunction with all other applicable emission increases

or reductions, including secondary emissions, for all pollutants listed in R18-2-218(A), and including minor and

mobile source emissions of oxides of nitrogen and PM10:

a. Would not cause or contribute to an increase in concentrations 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 concentrations for a pollutant by an amount in excess of

the significance level for such pollutant in any adjacent area in which Arizona primary or secondary

ambient air quality standards for that pollutant are

being violated. A new major source of volatile

organic compounds or 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 satisfactorily demonstrated to the Director that emissions

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 nonattainment areas for ozone. Such a demonstration shall

include a showing that topographical, meteorological, or other physical factors in the vicinity of the

new major source or major modification are such

that transport of volatile organic compounds emitted

from the source are not expected to contribute to

violations of the ozone standards in the adjacent

nonattainment areas.

6. Air quality models:

a. All estimates of ambient concentrations required

under this Section shall be based on the applicable

air quality models, data basis, and other requirements specified in 40 CFR 51, Appendix W, “Guideline On Air Quality Models,” as of July 1, 2004 (and

no future amendments or editions), which shall be

referred to hereinafter as “Guideline” and is adopted

by reference and is on file with the Department.

b. Where an air quality impact model specified in the

“Guideline” is not applicable, the model may be

modified or another model substituted. Such a

change shall be subject to notice and opportunity for

public comment. Written approval of the EPA

Administrator shall be obtained for any modification

or substitution.

B. The requirements of this Section shall not apply to a new

major source or major modification to a source with respect to

a particular pollutant if the person applying for the permit or

permit revision under this Article demonstrates that, as to that

pollutant, the source or modification is located in an area designated as nonattainment for the pollutant.

C. The requirements of this Section shall not apply to a new

major source or major modification of a source if such source

or modification would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are

considered in calculating the potential emissions of the source

or modification, and the source is not either among the Categorical Sources listed in R18-2-101 or belongs to the category

of sources for which New Source Performance Standards

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 the
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March 31, 2012 Page 57 Supp. 12-1

owner of such source is a nonprofit health or educational institution.

E. The requirements of this Section shall not apply to a portable

source which would otherwise be a new major source or major

modification to an existing source if such portable source is

temporary, is under a permit or permit revision under this Article, is in compliance with the conditions of that permit or permit revision under this Article, the emissions from the source

will not impact a Class I area nor an area where an applicable

increment is known to be violated, and reasonable notice is

given to the Director prior to the relocation identifying the proposed new location and the probable duration of operation at

the new location. Such notice shall be given to the Director not

less than 10 calendar days in advance of the proposed relocation unless a different time duration is previously approved by

the Director.

F. Special rules applicable to Federal Land Managers:

1. Notwithstanding any other provision of this Section, a

Federal Land Manager may present to the Director a

demonstration that the emissions attributed to such new

major source or major modification to a source will have

significant adverse impact on visibility or other specifically defined air quality related values of any Federal

Mandatory area designated in R18-2-217(B) regardless of

the fact that the change in air quality resulting from emissions attributable to such new major source or major

modification to a source in existence will not cause or

contribute to concentrations which exceed the maximum

allowable increases for a Class I area. If the Director concurs with such demonstrations, the permit or permit revision under this Article shall be denied.

2. If the owner or operator of a proposed new major source

or a source for which major modification is proposed

demonstrates to the Federal Land Manager that the emissions attributable to such major source or major modification will have no significant adverse impact on the

visibility or other specifically defined air quality-related

values of such areas and the Federal Land Manager so

certifies to the Director, the Director may issue a permit

or permit revision under this Article, notwithstanding the

fact that the change in air quality resulting from emissions attributable to such new major source or major

modification will cause or contribute to concentrations

which exceed the maximum allowable increases for a

Class I area. Such a permit or permit revision under this

Article shall require that such new major source or major

modification comply with such emission limitations as

may be necessary to assure that emissions will not cause

increases in ambient concentrations greater than the following maximum allowable increases over baseline concentrations for such pollutants:

G. The issuance of a permit or permit revision under this Article

in accordance with this Section shall not relieve the owner or

operator of the responsibility to comply fully with applicable

provisions of the SIP and any other requirements under local,

state, or federal law.

H. At such time that a particular source or modification becomes

a major source or major modification solely by virtue of a

relaxation in any enforceable limitation which was established

after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on

hours of operation, then the requirements of this Section shall

apply to the source or modification as though construction had

not yet commenced on the source or modification.

Historical ote

Former Section R9-3-405, renumbered effective September 17, 1975 (Supp. 75-1). Former Section R9-3-406 

repealed, new Section R9-3-406 adopted effective May 

14, 1979 (Supp. 79-1). Former Section R9-3-406 renumbered without change as Section R18-2-406 (Supp. 87-3). 

Section R18-2-406 renumbered to R18-2-606, new Section R18-2-406 adopted effective November 15, 1993 

(Supp. 93-4). Amended effective February 28, 1995 

(Supp. 95-1). The references to R18-2-101(97)(a) in subsection (A)(1) and (2) amended to reference R18-2-

101(104)(a) (Supp. 99-3). Amended by final rulemaking 

at 12 A.A.R. 1953, effective January 1, 2007

(Supp. 06-2).

R18-2-407. Air Quality Impact Analysis and Monitoring

Requirements

A. Any application for a permit or permit revision under this Article to construct a new major source or major modification to a

major source shall contain an analysis of ambient air quality in

the area that the new major source or major modification

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 Arizona 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 nonmethane

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 data that is

required shall have been gathered over a period of at least one

year and shall represent at least the year preceding receipt of

the application, except that, if the Director determines 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 source or modification to a source of volatile organic compounds who satisfies all conditions of 40 CFR 51, Appendix S, Section IV, may

provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under subsections (B),

(C), and (D) above.

F. Post-construction monitoring. The owner or operator of a new

major source or major modification shall, after construction 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

221
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Department of Environmental Quality – Air Pollution Control

the source or modification, conduct such ambient monitoring

as the Director determines is necessary to determine the effect

emissions from the new source or modification may have, or

are having, on air quality in any area.

G. Operations of monitoring stations. The owner or operator of a

new major source or major modification shall meet the

requirements of 40 CFR 58, Appendix B, during the operation

of monitoring stations for purposes of satisfying subsections

(B) through (F) above.

H. The requirements of subsections (B) through (G) above shall

not apply to a new major source or major modification 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 quality

impacts less than the following amounts:

Carbon Monoxide - 575 μg/m3, eight-hour average;

Nitrogen dioxide - 14 μg/m3, annual average:

PM10 - 10 μg/m3, 24-hour average;

Sulfur dioxide - 13 μg/m3

, 24-hour average;

Lead - 0.1 μg/m3

, 24-hour average;

Fluorides - 0.25 μg/m3, 24-hour average;

Total reduced sulfur - 10 μg/m3

, one-hour average;

Hydrogen sulfide - 0.04 μg/m3, one-hour average;

Reduced sulfur compounds - 10 μg/m3, 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 that the

new source or modification would affect are less than the

concentrations listed in subsection (H)(1) above.

I. Any application for permit or permit revision under this Article to construct a new major source or major modification to a

source shall contain:

1. An analysis of the impairment to visibility, soils, 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 source or

modification. The applicant need not provide an analysis

of the impact on vegetation having no significant commercial or recreational value.

2. An analysis of the air quality impact projected for the

area as a result of general commercial, residential, industrial, and other growth associated with the new source or

modification.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Former

Section R9-3-407 renumbered without change as Section 

R18-2-407 (Supp. 87-3). Section R18-2-407 renumbered 

to R18-2-607, new Section R18-2-407 adopted effective 

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 approve a

system of innovative control technology rather than the best

available control technology requirements otherwise applicable to the new source or modification.

B. The Director shall approve the installation of a system of innovative control technology if the following conditions are met:

1. The owner or operator of the proposed source or modification satisfactorily demonstrates that the proposed control system would not cause or contribute to an

unreasonable risk to public health, welfare, or safety in its

operation or function;

2. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would

have been required under R18-2-406(A)(2) by a date

specified in the permit or permit revision under this Article for the source. Such date shall not be later than four

years from the time of start-up or seven years from the

issuance of a permit or permit revision under this Article;

3. The source or modification would meet requirements

equivalent to those in R18-2-406(A) based on the emissions 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 would not:

a. Cause or contribute to any violation of an applicable

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 governors of

other affected states.

7. The limits on pollutants contained in R18-2-218 for 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 Section if:

1. The proposed system fails by the specified date to

achieve the required continuous emissions reduction rate;

or

2. The proposed system fails before the specified date so as

to contribute to an unreasonable risk to public health,

welfare, or safety; or

3. The Director decides at any time that the proposed system

is unlikely to achieve the required level of control or to

protect the public health, welfare, or safety.

D. If the new source or major modification fails to meet the

required level of continuous emissions reduction within the

specified time period, or if the approval is withdrawn in accordance with subsection (C) above, the Director may allow 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 of a demonstrated system of control.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Former Section 

R9-3-408 renumbered without change as Section R18-2-

408 (Supp. 87-3). Section R18-2-408 renumbered to R18-

2-608, new Section R18-2-408 adopted effective November 15, 1993 (Supp. 93-4).

R18-2-409. Air Quality Models

A. Where the Director requires a person requesting a permit or

permit revision under this Article to perform air quality impact

modeling to obtain such permit or permit revision under this

Article, the modeling shall be performed in a manner consistent with the Guideline specified in R18-2-406(A)(6)(a).

B. Where the person requesting a permit or permit revision under

this Article can demonstrate that an air quality impact model

specified in the Guideline is inappropriate, the model may be

modified or another model substituted. However, before such
Arizona 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 Director 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 modification is

likely to produce results equal or superior to those

obtained by models in the Guideline, and

4. The model proposed as a substitute or modification 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 Section 

R18-2-409 (Supp. 87-3). Section R18-2-409 renumbered 

to R18-2-609, new Section R18-2-409 adopted effective 

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

R18-2-410. Visibility Protection

A. For any new major source or major modification subject to the

provisions of this Chapter, no permit or permit revision under

this Article shall be issued to a person proposing to construct

or modify the source unless the applicant has provided:

1. An analysis of the anticipated impacts of the proposed

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 near the

proposed source for such purposes and by such means as

the Director determines is necessary and appropriate.

B. A determination of an adverse impact on visibility shall be

made based on consideration of all of the following factors:

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 characteristics:

a. Geographic extent,

b. Intensity,

c. Duration,

d. Frequency,

e. Time of day;

4. The correlation between the characteristics listed in subsection (B)(3) and the factors described in subsections

(B)(1) and (2).

C. The Director shall not issue a permit or permit revision pursuant to this Article or Article 3 of this Chapter for 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 advance

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 whose

emissions may affect a Class I area, the Director shall

provide written notification of the application to the Federal Land Manager and the federal official charged with

direct responsibility for management of any lands within

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 comment period provided in subsection (C)(2).

a. Where the Director finds that the analysis provided

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 Director 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 provided

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 shall not

issue a permit or permit revision under this Article

for 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 subsection

(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 Section 

R18-2-410 (Supp. 87-3). Section R18-2-410 renumbered 

to R18-2-610, new Section R18-2-410 adopted effective 

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 sulfur 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 does all of the

following:

1. Demonstrates, according to the air quality impact analysis requirements of R18-2-406(A)(5) and (6) that emissions from that unit, including fugitive emissions, will not

cause or contribute to a violation of the ambient standard

for sulfur dioxide in R18-2-202;

2. Demonstrates that startup of that unit will not require

reconstruction; and

3. Submits a startup plan that includes a source testing plan.

B. The demonstrations and plan shall be submitted to the Director

at least 180 days prior to the expected day when the restarting

of the non-operating unit will commence. The Director may

request additional information, as necessary, to evaluate 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, including additional information requested by the Director, is not submitted

in a timely manner, the source shall be required to obtain a permit pursuant to the requirements for a new major source 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 compliance with

emission limits prescribed in a permit for that source or an
Supp. 12-1 Page 60 March 31, 2012

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Department of Environmental Quality – Air Pollution Control

applicable rule shall constitute operation of an emissions 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 facility class that

contains 10 or more facilities that are similar in nature, have

substantially similar emissions, and would be subject to the

same or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping.

“Similar in nature” refers to facility size, processes, and operating conditions.

B. The Director may issue general permits, in accordance with

subsection (A), with emission limitations, controls, or other

requirements that meet the requirements of R18-2-306.01. A

source that seeks to vary from such a general permit, and

obtain an emission limitation, control, or other requirement not

contained in that general permit, shall apply for a permit pursuant to Article 3 of this Chapter.

C. General permits shall not be issued for affected sources except

as provided in regulations promulgated by the Administrator

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 26, 

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 Director’s own

initiative or in response to a petition.

B. Any person may submit a petition to the Director requesting

the issuance of a general permit for a defined class of facilities.

The petition shall propose a particular class of facilities, and

list the approximate number of facilities in the proposed class

along with their size, processes, and operating conditions, 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 petition within

120 days of receipt.

C. General permits shall be issued or denied for classes of facilities using the same engineering principles that applies to permits for individual sources and following the public 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 coverage

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). Amended 

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 (Supp. 

87-3). Former Section R18-2-502 repealed, new Section 

R18-2-502 renumbered from R18-2-501 and amended 

effective September 26, 1990 (Supp. 90-3). Former Section 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 Permit

A. Once the Director has issued a general permit, any source

which is a member of the class of facilities covered 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 specific application form with filing instructions for sources in the category

covered by the general permit. Applicants shall complete the

specific application form or, if none has been adopted, the

standard application form contained in Appendix 1 to 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 detail 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 with a permit

application summary form and any relevant portion of the permit application and compliance plan. To the extent possible,

this information shall be provided in computer-readable format compatible with the Administrator’s national database

management system.

C. The Director shall act on the application for coverage under

the general permit as expeditiously as possible, but a final

decision shall be reached within 180 days. The source may

operate under the terms of its application during that time. If

the application for coverage is denied, the Director shall notify

the source that it shall apply for an individual permit within

180 days of receipt of notice. The Director may defer acting on

an application under this subsection if the Director has provided notice of intent to renew or not renew the permit.

D. The Director shall deny an application for coverage from any

Class I source that is subject to case-by-case standards 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). Amended 

subsection (C), paragraph (6) effective June 19, 1981 

(Supp. 81-3). Amended subsection (C) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-503 

renumbered without change as Section R18-2-503 (Supp. 

87-3). Amended effective September 26, 1990 (Supp. 90-

3). Former Section R18-2-503 renumbered to R18-2-703; 

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 renewal of a general permit.

B. The Director shall provide public notice for any proposed new

general permit, for any revision of an existing general permit,

and for renewal of an existing general permit.

C. The Director shall publish notice of the proposed general permit once each week for two consecutive weeks in a newspaper

of general circulation in each county and shall provide at least
Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 61 Supp. 12-1

30 days from the date of the first notice for public comment.

The notice shall describe the following:

1. The proposed permit;

2. The category of sources that would be affected;

3. The air contaminants which the Director expects to be

emitted by a typical facility in the class and the class as a

whole;

4. The Director’s proposed actions and effective date for the

actions;

5. Locations where documents relevant to the proposed permit will be available during normal business hours;

6. The name, address, and telephone number of a person

within the Department who may be contacted for further

information;

7. The address where any person may submit comments or

request a public hearing and the date and time by which

comments or a public hearing request are required to be

received;

8. The process by which sources may obtain authorization

to operate under the general permit.

D. For general permits under which operation may be authorized

in lieu of Class I permits, the Director shall give notice of the

proposed general permit to each affected state at the same time

that the proposed general permit goes out for public notice.

The Director shall provide the proposed final permit to the

Administrator after public and affected state review. No Class

I permit shall be issued if the Administrator properly objects to

its issuance in writing within 45 days from receipt of the proposed final permit and any necessary supporting information

from the Director.

E. Written comments to the Director shall include the name of the

person and the person’s agent or attorney and shall clearly set

forth reasons why the general permit should or should not be

issued pursuant to the criteria for issuance in A.R.S. §§ 49-426

and 49-427 and this Chapter.

F. At the time a general permit is issued, the Director shall make

available a response to all relevant comments on the proposed

permit raised during the public comment period and during

any requested public hearing. The response shall specify

which provisions, if any, of the proposed permit have been

changed and the reason for the changes. The Director shall

also notify in writing any petitioner and each person who has

submitted written comments on the proposed general permit or

requested notice of the final permit decision.

Historical 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 Section 

R18-2-504 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Former Section R18-2-504 

renumbered to R18-2-704; new Section R18-2-504 

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

R18-2-505. General Permit Renewal

The Director shall review and may renew general permits every

five years. A source’s authorization to operate under a general permit shall coincide with the term of the general permit regardless of

when the authorization began during the five-year period, 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 Director 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, subsection 

(B), paragraph (5), and subsection (D), paragraph (1), 

subparagraph (d) (Supp. 80-2). Amended effective July 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 Section 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 request to be

excluded from coverage by applying for an individual source permit. Coverage under the general permit shall terminate 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, 1980 

(Supp. 80-4). Amended subsection (C), paragraph (1)

effective June 19, 1981 (Supp. 81-3). Former Section R9-

3-506 renumbered without change as Section R18-2-506 

(Supp. 87-3). Amended effective September 26, 1990 

(Supp. 90-3). Former Section R18-2-506 renumbered to 

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 available 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 compliance

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 required by R18-

2-1708 and otherwise qualifies for the general permit, the

Director shall, in accordance with the procedures established

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 shall comply

with all conditions of the general permit.

D. A proposed variance to a standard in a general permit shall be

subject to the public notice requirements of R18-2-330.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

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 to 

R18-2-707; new Section R18-2-507 adopted effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007

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

Title 18, Ch. 2 Arizona Administrative Code

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 pollution control requirements applicable to the source at the time the permit is issued. The

permit shall state that, as of the date authority to operate for a

source is granted, compliance with the conditions of the permit

shall be deemed compliance with any applicable requirement in

effect on the date of permit issuance. Any permit under this Article

that does not expressly state that a permit shield exists shall be presumed not to provide such a shield. Notwithstanding the above provisions, the source shall be subject to enforcement action for

operation without a permit if the source is later determined 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). Amended 

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 subsection (B) effective September 22, 1983 (Supp. 83-5).

Former Section R9-3-508 renumbered without change as 

Section R18-2-508 (Supp. 87-3). Amended effective September 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 general permit as

provided in R18-2-504 may appeal the terms and conditions 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 notice that the general

permit has been issued.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

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 to 

R18-2-709; new Section R18-2-509 adopted effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4698, effective February 3, 2007 

(Supp. 06-4).

R18-2-510. Terminations of General Permits and Revocations of Authority to Operate under a General Permit

A. The Director may terminate a general permit at any time if:

1. The Director has determined that the emissions from the

sources in the facility class cause or contribute to ambient

air quality standard violations which are not adequately

addressed by the requirements in the general permit, or

2. The Director has determined that the terms and conditions of the general permit no longer meet the requirements of A.R.S. §§ 49-426 and 49-427.

B. The Director shall provide written notice to all sources 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 cancellation of any

general permit, sources notified shall submit an application to

the Director for an individual permit.

C. The Director may require a source authorized to operate under

a general permit to apply for and obtain an individual source

permit at any time if the source is not in compliance with the

terms and conditions of the general permit.

D. If the Director revokes a source’s authority to operate under a

general permit pursuant to subsection (C), the Director shall

notify the permittee by certified mail, return receipt requested.

The notice shall include a statement detailing the grounds for

the revocation of authority and a statement that the permittee is

entitled to a hearing. A source previously authorized to operate

under a general permit may operate under the terms of the general permit until the earlier of the date it submits a complete

application for an individual permit, at which time it may

operate under that application, or 180 days after receipt of the

notice of revocation of authority to operate under the general

permit.

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 subsections

(E)(3) and (E)(4) effective September 22, 1983 (Supp. 

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 Section 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 source that

applies for authority to operate under a general permit shall

pay to the Director $500 with the submittal of each application. This fee applies to the owner or operator of any source

who intends to continue operating under the authority of a general permit that has been proposed for renewal. This fee also

applies to requests for new Authorizations to Operate (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 calendar year,

the applicable administrative or inspection fee from 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, effective November 4, 2004 (Supp. 04-4). Amended by final 

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). Amended 

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$3,020
Arizona 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 Section 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 effective November 15, 1993 (Supp. 93-4).

R18-2-513. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (2) (Supp. 80-2). 

Amended effective July 9, 1980 (Supp. 80-4). Amended 

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). Amended 

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 (Supp. 

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). Section 

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 adopted 

effective May 14, 1979, amended effective October 2, 

1979 (Supp. 79-5). Article 7. Nonferrous Smelter Orders 

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). Emergency 

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 days 

(Supp. 80-5). Former emergency adoption effective October 9, 1980, now adopted and amended effective June 19, 

1981 (Supp. 81-3). Amended subsection (B), paragraph 

(1) effective February 2, 1982 (Supp. 82-1). Amended 

effective May 25, 1982 (Supp. 82-3). Amended subsections ((C)(3) and (C)(5) effective September 22, 1983 

(Supp. 83-5). Former Section R9-3-515 renumbered 

without change as Section R18-2-515 (Supp. 87-3). Section 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 September 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 effective November 15, 1993 (Supp. 93-4).

R18-2-516. 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 subsection (A) effective September 22, 1983 (Supp. 83-4).

Former Section R9-3-516 renumbered without change as 

Section R18-2-516 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-716 

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

R18-2-517. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (C), paragraph (1) (Supp. 80-1). 

Amended effective July 9, 1980 (Supp. 80-4). Amended 

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). 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 effective 

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). Editorial 

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 Section 

R18-2-519 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Renumbered to R18-2-719 effective November 15, 1993 (Supp. 93-4).

R18-2-520. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective October 2, 1979 (Supp. 79-5). Editorial correc-
Supp. 12-1 Page 64 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

tion, subsection (A), paragraph (1) (Supp. 80-2). 

Amended effective July 9, 1980 (Supp. 80-4). Amended 

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 subsection (A) effective September 22, 1983 (Supp. 83-5).

Former Section R9-3-521 renumbered without change as 

Section R18-2-521 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-721 

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

R18-2-522. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective July 9, 1980 (Supp. 80-4). Amended subsection 

(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 as 

Section R18-2-522 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-722 

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

R18-2-523. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

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). Amended 

effective July 9, 1980 (Supp. 80-4). Amended subsection 

(A) effective September 22, 1983 (Supp. 83-5). Former 

Section R9-3-524 renumbered without change as Section 

R18-2-524 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Renumbered to R18-2-724 effective November 15, 1993 (Supp. 93-4).

R18-2-525. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Editorial 

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 (Supp. 

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 Section 

R18-2-526 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Renumbered to R18-2-726 effective 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 Section 

R18-2-527 (Supp. 87-3). Amended effective September

26, 1990 (Supp. 90-3). Renumbered to R18-2-727 effective November 15, 1993 (Supp. 93-4).

R18-2-528. Renumbered

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

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 as 

Section R18-2-529 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-729 

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 contaminants which

due to lack of an identifiable emission point or plume cannot be

considered a point source, shall be classified as a nonpoint source.

In applying this criteria, such items as air-curtain destructors,

heater-planners, and conveyor transfer points shall be considered to

have identifiable plumes. Any affected facility subject to regulation

under Article 7 of this Chapter or Title 18, Chapter 2, Article 9,

shall not be subject to regulation under this Article.

Historical ote

Former Section R9-3-601 repealed, new Section R9-3-

601 adopted effective May 14, 1979 (Supp. 79-1). Former 

Section R9-3-601 renumbered without change as Section 

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 materials related to producing and harvesting crops and raising

animals for the purpose of marketing for profit, or providing a livelihood, but does not include burning of household waste or prohibited materials. A person may conduct

agricultural burns in fields, piles, ditch banks, fence rows,
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 65 Supp. 12-1

or canal laterals for purposes such as weed control, waste

disposal, disease and pest prevention, or site preparation.

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 vegetative material from land clearing, site preparation, or fabrication, erection, installation, demolition, or modification

of any buildings or other land improvements, but does not

include burning household waste or prohibited material.

5. “Dangerous material” means any substance or combination of substances that is capable of causing bodily harm

or property loss unless neutralized, consumed, or otherwise disposed of in a controlled and safe manner.

6. “Delegated authority” means any of the following:

a. A county, city, town, air pollution control district, 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 has

been 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 of Environmental Quality, or designee.

8. “Emission reduction techniques” means methods for controlling emissions from open outdoor fires to minimize

the amount of emissions output per unit of area burned.

9. “Flue,” as used in this Section, means any duct or passage

for air or combustion gases, such as a stack or chimney.

10. “Household waste” means any solid waste including garbage, rubbish, and sanitary waste from a septic tank that

is generated from households including single and multiple family residences, hotels and motels, bunkhouses,

ranger stations, crew quarters, campgrounds, picnic

grounds, and day-use recreation areas, but does not

include construction debris, landscaping rubble, or demolition debris.

11. “Independent authority to permit fires” means the 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 combustion of material of any type, outdoors and in the open,

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 from the

processing, storage, service, or consumption of food;

chemically treated wood; lead-painted wood; linoleum

flooring, and composite counter-tops; tires; explosives or

ammunition; oleanders; asphalt shingles; tar paper; plastic and rubber products, including bottles for household

chemicals; plastic grocery and retail bags; waste petroleum products, such as waste crankcase oil, transmission

oil, and oil filters; transformer oils; asbestos; batteries;

anti-freeze; aerosol spray cans; electrical wire insulation;

thermal insulation; polyester products; hazardous waste

products such as paints, pesticides, cleaners and solvents,

stains and varnishes, and other flammable liquids; plastic

pesticide bags and containers; and hazardous material

containers including those that contained lead, cadmium,

mercury, or arsenic compounds.

14. “Residential burning” means open burning of vegetative

materials conducted by or for the occupants of residential

dwellings, but does not include burning household waste

or prohibited material.

15. “Prescribed burning” has the same meaning as in R18-2-

1501.

B. Unlawful open burning. Notwithstanding any other rule in this

Chapter, a person shall not ignite, cause to be ignited, permit to

be ignited, allow, or maintain any open outdoor fire in a county

without independent authority to permit fires except as provided in A.R.S. § 49-501 and this Section.

C. Open outdoor fires exempt from a permit. The following fires

do not require an open burning permit from the Director 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 protection 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 in the performance of official duty, if the fire is set or permission

given for the following purpose:

a. Control of an active wildfire; or

b. Instruction in the method of fighting fires, except

that the person setting these fires must comply with

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 prevention

in an organized, area-wide control of an epidemic or

infestation affecting livestock or crops.

4. Prescribed burns set by or assisted by the federal government or any of its departments, agencies, or agents, or the

state or any of its agencies, departments, or political subdivisions, regulated under Article 15 of this Chapter.

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 delegated

authority:

a. Construction burning;

b. Agricultural burning;

c. Residential burning;

d. Prescribed burns conducted on private lands without

the assistance of a federal or state land manager as

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 or permission given for the purpose of weed abatement, or

the prevention of a fire hazard, unless the fire is

exempt 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 destructor,

as defined in R18-2-101.

2. A person conducting an open outdoor fire in a county

without independent authority to permit fires shall obtain

a permit from the Director or a delegated authority unless

exempted under subsection (C). Permits may be issued

for a period not to exceed one year. A person shall obtain
Supp. 12-1 Page 66 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

a permit by completing an ADEQ-approved application

form.

3. Open outdoor fire permits issued under this Section shall

include:

a. A list of the materials that the permittee may burn

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 techniques

that 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 burn

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 extinguishing 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 the

area of the burn or during periods when smoke can

be expected to accumulate to the extent that it will

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 public

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 criminal

penalties provided under A.R.S. § 13-1706.

4. The Director or a delegated authority shall not issue an

open burning permit under this Section:

a. That would allow burning prohibited materials other

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 allowed

to burn hazardous waste under 40 CFR 265; or 

c. If the burning would occur at a solid waste facility 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 set 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 all 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 method of

disposal exists, and burning the materials does not result in the

emission of hazardous or toxic substances either directly or as

a product of combustion in amounts that will endanger health

or safety.

F. Open outdoor fires of household waste. An open outdoor fire

for the disposal of household waste is allowed by provisions of

this Section when permitted in writing by the Director or a delegated authority. A permit issued under this subsection 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 waste burner

and shall either:

1. Burn household waste generated on-site on farms or

ranches of 40 acres or more where no household waste

collection or disposal service is available; or

2. Burn household waste generated on-site where no household waste collection and disposal service is available

and where the nearest other dwelling unit is at least 500

feet away.

G. Permits issued by a delegated authority. The Director may delegate authority for the issuance of open burning permits to a

county, city, town, air pollution control district, or fire district.

A delegated authority may not issue a permit for its own open

burning activity. The Director shall not delegate authority to

issue permits to burn dangerous material under subsection (E).

A county, city, town, air pollution control district, or fire dis-
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

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 protection 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 directly or indirectly condition the issuance of open burning permits on the

applicant being a customer. Permits issued under this subsection shall comply with the requirements in subsection (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 previous

five years available for inspection by the Director; 

2. For each permit currently issued, have a means of contacting the person authorized by the permit to set an open

fire if an order to extinguish open burning is issued; and

3. Annually submit to the Director by May 15 a record of

daily burn activity, excluding household waste burn permits, on a form provided by the Director for the previous

calendar year containing the information required in subsections (D)(3)(e) and (D)(3)(f).

H. The Director shall hold an annual public meeting for interested

parties to review operations of the open outdoor fire program

and discuss emission reduction techniques.

I. Nothing in this Section is intended to permit any practice that

is a violation of any statute, ordinance, rule, or regulation.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

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 by 

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 Section 

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, 1996 

(Supp. 96-4).

R18-2-604. Open Areas, Dry Washes, or Riverbeds

A. No person shall cause, suffer, allow, or permit a building or its

appurtenances, or a building or subdivision site, or 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 becoming airborne. Dust and other types of air contaminants shall be kept

to a minimum by good modern practices such as using an

approved dust suppressant or adhesive soil stabilizer, paving,

covering, landscaping, continuous wetting, detouring, barring

access, or other acceptable means.

B. No person shall cause, suffer, allow, or permit a vacant lot, or

an urban or suburban open area, to be driven over or used by

motor vehicles, trucks, cars, cycles, bikes, or buggies, or by

animals such as horses, without taking reasonable precautions

to limit excessive amounts of particulates from becoming airborne. Dust shall be kept to a minimum by using an approved

dust suppressant, or adhesive soil stabilizer, or by paving, or

by barring access to the property, or by other acceptable

means.

C. No person shall operate a motor vehicle for recreational 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, institutional,

educational, retail sales, hotel or business premises. For purposes of this subsection “motor vehicles” shall include, 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. § 49-463.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Former

Section R9-3-604 renumbered without change as Section 

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 alley without

taking reasonable precautions to prevent excessive amounts of

particulate matter from becoming airborne. Dust and other

particulates shall be kept to a minimum by employing temporary paving, dust suppressants, wetting down, detouring or by

other reasonable means.

B. No person shall cause, suffer, allow or permit transportation of

materials likely to give rise to airborne dust without taking reasonable precautions, such as wetting, applying dust suppressants, 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 deposits.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Former

Section R9-3-605 renumbered without change as Section 

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 crushing, screening,

handling, transporting or conveying of materials or other operations

likely to result in significant amounts of airborne dust without taking reasonable precautions, such as the use of spray bars, wetting

agents, dust suppressants, covering the load, and hoods to prevent

excessive amounts of particulate matter from becoming airborne.

Historical ote

Section R18-2-606 renumbered from R18-2-406 effective 

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

R18-2-607. Storage Piles

A. No person shall cause, suffer, allow, or permit organic or inorganic dust producing material to be stacked, piled, or otherwise stored without taking reasonable precautions such as

chemical stabilization, wetting, or covering to prevent excessive amounts of particulate matter from becoming airborne.

B. Stacking and reclaiming machinery utilized at storage piles

shall be operated at all times with a minimum fall of material
Supp. 12-1 Page 68 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

and in such manner, or with the use of spray bars and wetting

agents, as to prevent excessive amounts of particulate matter

from becoming airborne.

Historical ote

Section R18-2-607 renumbered from R18-2-407 effective 

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 shall 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, 1993 

(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 application of fertilizers

without taking reasonable precautions to prevent excessive amounts

of particulate matter from becoming airborne.

Historical ote

Section R18-2-609 renumbered from R18-2-409 effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 

00-2). Amended by final rulemaking at 11 A.A.R. 2210, 

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 definitions apply to

R18-2-610.01:

1. “Access restriction” means reducing the number of trips

driven on agricultural aprons and access roads by restricting or eliminating public access to noncropland with

signs or physical obstruction.

2. “Aggregate cover” means gravel, concrete, recycled road

base, caliche, or other similar material applied to noncropland to a depth sufficient to reduce dust generated

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 verified

by scientific research, that on a case-by-case basis is

practical, economically feasible, and effective in reducing

PM10 emissions from a regulated agricultural activity.

5. “Cessation of Night Tilling” means the discontinuation 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 of

passes across a commercial farm by applying a fertilizer,

pesticide, or other agricultural chemical to cropland

through an irrigation system.

7. “Combining tractor operations” means reducing soil

compaction and the number of passes across a commercial farm by using a tractor, implement, harvester, or

other farming support vehicle to perform two or more tillage, cultivation, planting, or harvesting operations at the

same time.

8. “Commercial farm” means 10 or more contiguous acres

of land used for agricultural purposes within the boundary of the Maricopa PM10 nonattainment area and Maricopa County portion of Area A or a PM10 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 Best

Management Practices Committee.

11. “Cover crop” means reducing wind erosion and PM10

emissions by using plants or a green manure crop seasonally to protect soil surfaces between crops and control soil

movement.

12. “Critical area planting” means reducing PM10 emissions

and wind erosion by planting trees, shrubs, vines, grasses,

or other vegetative cover on noncropland in order to

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 for crop

production, but is currently fallow; or

c. Is a turn-row.

14. “Cross-wind ridges” means stabilizing soil and reducing

PM10 emissions and wind erosion by creating soil ridges

in a commercial farm by tillage or planting operations.

Ridges should be aligned as perpendicular as possible to

the prevailing wind direction. Soil should be stable

enough to sustain effective ridges. 

15. “Cross-wind strip-cropping” means stabilizing soil and

reducing PM10 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 possible to

the prevailing wind directions. 

16. “Equipment modification” means reducing PM10 emissions and soil erosion during tillage and harvest operations by modifying and maintaining an existing piece of

agricultural equipment, purchasing new equipment,

increasing equipment size, modifying land planting and

land leveling, matching the equipment to row spacing, or

grafting to new varieties or technological improvements.

17. “Fallow Field” means an area of land that is routinely cultivated, planted and harvested and is unplanted for one or

more growing seasons or planting cycles, but is intended

to be placed back in agricultural production.

18. “Forage Crop” means a product grown for consumption

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 another

organism.

21. “GPS: Global Position Satellite System” means using a

satellite navigation system on farm equipment to calculate position in the field.

22. “Green Chop” means reducing soil compaction, soil disturbance and the number of passes across a commercial

farm by harvesting of a Forage Crop without allowing it

to dry in the field.

23. “Integrated Pest Management” means reducing soil compaction and the number of passes in a commercial farm

for spraying by using a combination of techniques includ-
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 69 Supp. 12-1

ing organic, conventional, and biological farming practices to suppress pest problems.

24. “Limited harvest activity during a high-wind event”

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 event” means

performing no tillage 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.

26. “Maricopa PM10 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 PM10 emissions and wind

erosion and preserving soil moisture by applying a protective layer of plant residue or other material that is not

produced onsite to a soil surface to reduce soil movement.

28. “Multi-year crop” means reducing PM10 emissions from

wind erosion or tillage by protecting the soil surface by

growing a crop, pasture, or orchard that is grown, or will

be grown, on a continuous basis for more than one year.

29. “Noncropland” means any commercial farm land 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.

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 biological or

non-chemical agricultural methods.

32. “Organic material application” means applying animal

waste or biosolids to a soil surface.

33. “Permanent cover” means reducing PM10 emissions and

wind erosion by maintaining a long-term perennial vegetative cover on cropland that is temporarily not producing

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 precisely guide farm equipment in the field.

36. “Reduce vehicle speed” means reducing PM10 emissions

and soil erosion from the operation of farm vehicles or

farm equipment on unpaved private farm roads at speeds

not to exceed 20 mph.

37. “Reduced harvest activity” means reducing the number of

mechanical harvest passes.

38. “Reduced tillage system” means reducing the number of

tillage operations.

39. “Regulated agricultural activity” means a regulated agricultural activity as defined in A.R.S. § 49-457(P)(5).

40. “Regulated area” means a regulated area as defined in

A.R.S. § 49-457(P)(6). 

41. “Residue management” means reducing PM10 emissions

and wind erosion by managing the amount and distribution of crop and other plant residues on a soil surface

between the time of harvest of one crop and the emergence of a new crop.

42. “Sequential cropping” means reducing PM10 emissions

and wind erosion by growing crops in a sequence or close

rotation that limits the amount of time bare soil is

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 multiple

or larger bins/trailers per trip to haul commodity from the

field.

44. “Significant Agricultural Earth Moving Activities”

means either leveling activities conducted on a commercial farm that disturb the soil more than 4 inches below

the surface, or the creation, maintenance and relocation

of: ditches, canals, ponds, irrigation lines, tailwater

recovery systems (agricultural sumps) and other water

conveyances, not to include activities performed on cropland for crop preparation, cultivation or harvest.

45. “Stabilization of soil prior to plant emergence” means

reducing PM10 emissions by applying water to soil in

between planting and crop emergence in order to cause

the soil to form a crust.

46. “Surface roughening” means reducing PM10 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 reducing PM10

emissions and wind erosion by providing a surface barrier

or binding soil particles together on noncropland with 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 practice that

physically disturbs cropland or crops on a commercial

farm.

50. “Tillage based on soil moisture” means reducing PM10

emissions by irrigating fields to the depth of the proposed

cut prior to soil disturbances or conducting tillage to coincide with precipitation.

51. “Timing of a tillage operation” means performing tillage

operations that minimize the amount of time the soil surface is susceptible to wind erosion resulting in PM10. 

52. “Track-out control system” means reducing PM10 emissions by using a device or system to remove mud or soil

from a vehicle or equipment before the vehicle enters a

paved public road.

53. “Transgenic Crops” means reducing the need for tillage

or cultivation operations, the number of chemical spray

applications, or soil disturbances by using plants that are

genetically modified.

54. “Transplanting” means reducing the number of passes in

a commercial farm and minimizing soil disturbance by

utilizing plants already in a growth state as compared to

seeding.

55. “Watering” means reducing PM10 emissions and wind

erosion by applying water to noncropland bare soil surfaces during periods of high traffic until the surfaces are

visibly moist.

56. “Wind barrier” means reducing PM10 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 by changing the pattern of 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 6 
Supp. 12-1 Page 70 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 by 

exempt rulemaking at 18 A.A.R. 137, effective December 

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 PM10 General Permit for Crop

Operations; PM10 onattainment Areas

A. A commercial farmer shall comply with this Section by January 1, 2012. Until the end of the transition period on March 31,

2013, a commercial farmer shall maintain a record demonstrating compliance with this Section. The record shall be provided to the Director within two business days of notice to the

commercial farmer. The record shall contain:

1. The name of the commercial farmer;

2. The mailing address or physical address of the commercial farm; and

3. The best management practices selected for tillage and

harvest, noncropland, and cropland.

B. A commercial farmer, who begins a regulated agricultural

activity after January 1, 2012, shall comply with this Section

within three months of beginning the regulated agricultural

activity.

C. A commercial farmer within a Serious PM10 Nonattainment

Area shall implement at least two best management practices

from each category to reduce PM10 emissions.

D. A commercial farmer within a Moderate PM10 Nonattainment

Area shall implement at least one best management practice

from each category to reduce PM10 emissions.

E. A commercial farmer shall implement from the following 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 following best

management practices, as described in subsection (C) or (D),

to reduce PM10 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 following best

management practices, as described in subsection (C) or (D),

to reduce PM10 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 following best

management practices, as described in subsection (C) or (D),

when conducting Significant Agricultural Earth Moving

Activities as defined in R18-2-610:

1. Apply water prior to conducting Significant Agricultural

Earth Moving Activities and/or time Significant Agricultural Earth Moving Activities to coincide with precipitation;

2. Apply water during Significant Agricultural Earth Moving Activities;

3. Limit activities during high wind events;

4. Conduct Significant Agricultural Earth Moving Activities

in a manner to minimize the number of passes by using

equipment that is the most efficient means of moving the

soil; or

5. Conduct Significant Agricultural Earth Moving Activities

as close to possible to planting or otherwise stabilize 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 to the

Arizona Department of Agriculture. Thereafter, the commercial farmer shall also complete and submit a Best Management

Practices Program General Permit Record Form to the Arizona

Department of Agriculture on March 31 of each calendar year.

The Best Management Practice Program General Permit

Record form shall include the following information:

1. At least the required number of best management practices as described in subsection (C) or (D) that the commercial farmer implemented during the previous calendar

year;

2. At least the required number of best management practices as described in subsection (C) or (D) that the commercial farmer intends to implement during the current

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 once

every subsequent three calendar years, the Director shall provide the commercial farmer with a Best Management Practices

Program Periodic Survey. The commercial farmer may complete and submit the survey to the Arizona Department of

Agriculture. The Periodic Survey shall include the following

information:

1. The type and acreage of each crop type planted during the

calendar year that the survey is conducted,

2. The total miles of unpaved roads at the commercial farm,

and
Arizona 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 traffic

areas at the commercial farm.

K. Records of any changes to the Best Management Practices

identified in the most recently submitted Best Management

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 commercial

farmer.

L. A person may petition the Committee to consider different

practices to control PM10 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 unless

approved by the Committee.

M. A commercial farmer shall maintain a record demonstrating

compliance with this Section for three years. Records shall

include a copy of the complete Best Management Practice 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 PM10 general permit.

O. A commercial farmer shall ensure that the implementation of

all selected best management practices does not violate 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. § 49-457(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).

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

The definitions in R18-2-101 and the following definitions apply to

R18-2-611.01:

1. The following definitions apply to a commercial dairy

operation:

a. “Aggregate cover” means gravel, concrete, recycled

road base, caliche, or other similar material applied

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 PM10 emissions by spreading shredded or deconstructed plant

materials to cover loose soil in high animal traffic

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 PM10 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 an animal operation.

g. “Commercial dairy operation” means a dairy operation with more than 150 dairy cattle within the

boundary of the Maricopa PM10 nonattainment area

and Maricopa County portion of Area A or a PM10

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

PM10 emissions by completely covering the top of

the loaded area.

i. “Covers for silage” means reducing PM10 emissions

and wind erosion by using large plastic tarps to completely cover silage.

j. “Do not run cattle” means reducing PM10 emissions

by walking dairy cattle to the milking barn.

k. “Feed higher moisture feed to dairy cattle” means

reducing PM10 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 to

dairy cattle.

m. “Groom manure surface” means reducing PM10

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 protect the calves from the elements.

o. “Pile manure between cleanings” means reducing

PM10 emissions by collecting loose surface materials within the confines of the surface area of the

occupied feed pen to contain the loose manure materials.

p. “Provide cooling in corral” means reducing PM10

emissions by using evaporative coolers under the

corral shades to reduce the ambient air temperature,

thereby increasing stocking density in the cool areas

of the corrals.

q. “Provide shade in corral” means reducing PM10

emissions 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 regulated

agricultural activity as defined in A.R.S. § 49-

457(P)(5).

t. “Regulated area” means a regulated area as defined

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

PM10 emissions and wind erosion by storing feed

stock in a covered area where the commodity is surrounded on at least three sides by a structure so that

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 PM10 emissions by using manure harvest-
Supp. 12-1 Page 72 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

ing equipment pulled behind a tractor instead of

using push equipment.

y. “Use free stall housing” means reducing PM10 emissions by enclosing one cow per stall, which are outfitted with concrete floors.

z. “Water misting systems” means reducing PM10

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 PM10 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 by

changing the pattern of air flow over the land surface.

2. The following definitions apply to a commercial beef cattle feedlot:

a. “Add moisture to pen surface” means reducing

PM10 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

PM10 emissions by adding molasses or tallow so

that it equals five percent of the total ration.

c. “Aggregate cover” means gravel, concrete, recycled

road base, caliche, or other similar material applied

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 PM10 emissions by spreading shredded or

deconstructed plant materials to cover loose soil.

e. “Bulk materials” means reducing PM10 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 an animal operation.

g. “Commercial beef cattle feedlot” means a beef cattle

feedlot with more than 500 beef cattle within the

boundary of the Maricopa PM10 nonattainment area

and Maricopa County portion of Area A or a PM10

nonattainment area designated after June 1, 2009 as

stated in A.R.S. § 49-457(P)(1)(f).

h. “Concrete apron” means reducing PM10 emissions

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

PM10 emissions by suppressing the animal’s ability

to run by driving them forward while intruding on

their “flight zones” or restraining the animal’s movement.

j. “Cover manure hauling trucks” means reducing

PM10 emissions by completely covering the top of

the loaded area.

k. “Feed higher moisture feed to beef cattle” means

reducing PM10 emissions by feeding beef cattle feed

that contains at least 30% moisture.

l. “Frequent manure removal” means reducing PM10

emissions and wind erosion by harvesting loose

manure on top of the pen surface at least once every

six months.

m. “Higher moisture feeds” means reduce PM10 emissions by feeding beef cattle feed that contains at

least 30% moisture.

n. “Increase manure moisture” means reducing PM10

emissions by increasing the fluids consumed and

excreted by cattle.

o. “Pile manure between cleanings” means reducing

PM10 emissions by collecting loose manure surface

materials, 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 PM10

emissions 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 regulated

agricultural activity as defined in A.R.S. § 49-

457(P)(5).

s. “Regulated area” means a regulated area as defined

in A.R.S. § 49-457(P)(6).

t. “Store and maintain feed stock” means reducing

PM10 emissions and wind erosion by storing feed

stock in a covered area where the commodity is surrounded on at least three sides by a structure so that

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 PM10 emissions by using manure harvesting equipment pulled behind a tractor instead of

using push equipment.

w. “Wind barrier” means reducing PM10 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 by

changing the pattern of air flow over the land surface.

3. The following definitions apply to a commercial poultry

facility:

a. “Add moisture through ventilation systems” means

reducing PM10 emissions by using a ventilation system that is designed to allow stock to maintain their

normal body temperature without difficulty while

adding sufficient moisture to the air within the housing system to bind small particles to larger particles.

b. “Add oil and/or moisture to the feed” means reducing PM10 emissions by adding edible oil and/or

moisture to feed rations to bind small particles to

larger particles.

c. “Aggregate cover” means gravel, concrete, recycled

road base, caliche, or other similar material applied

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

PM10 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 commercial poultry facility” means reducing PM10 emissions by cleaning fans, louvers, and soffit inlets
Arizona 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 PM10 emissions by cleaning floors and walls to prevent dried manure, spilled

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 an animal operation.

h. “Commercial poultry facility” means a poultry operation with more than 25,000 egg laying hens within

the boundary of the Maricopa PM10 nonattainment

area and Maricopa County portion of Area A or a

PM10 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 PM10 emissions by removing, cutting, or

trimming vegetation that accumulates PM10 and

restricts ventilation of the building.

j. “Enclose transfer points” means reducing PM10

emissions by enclosing the points of transfer

between the enclosed, weatherproof storage structure and the enclosed feed distribution system,

which reduce air contact with the feed rations during

feed conveyance.

k. “House in fully enclosed ventilated buildings”

means reducing PM10 emissions by utilizing fully

enclosed buildings with sufficient ventilation.

l. “Maintain moisture in manure solids” means reducing PM10 emissions by maintaining moisture in the

solids sufficient to bind small particles to larger particles.

m. “Minimize drop distance” means reducing PM10

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 feed

conveyance. 

n. “Poultry” means any domesticated bird including

chickens, turkeys, ducks, geese, guineas, ratites and

squabs.

o. “Regulated agricultural activity” means a regulated

agricultural activity as defined in A.R.S. § 49-

457(P)(5).

p. “Regulated area” means a regulated area as defined

in A.R.S. § 49-457(P)(6).

q. “Remove spilled feed” means reducing PM10 emissions by removing spilled feed from the housing

facility at least once every 14 days.

r. “Stack separated manure solids” means reducing

PM10 emissions and wind erosion by reducing the

amount of exposed surface area of manure solids. 

s. “Store feed” means reducing PM10 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 PM10 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 feed conveyance. 

v. “Use a flexible discharge spout” means reducing

PM10 emissions and wind erosion at the time of bulk

feed deliveries to the housing units by using a flexible discharge spout on the end of the feed truck

transfer auger.

w. “Use no bedding in the production facility” means

reducing PM10 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 swine

facility: 

a. “Add oil and/or moisture to the feed” means reducing PM10 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 PM10 emissions by using a ventilation system that is designed to allow stock to maintain their

normal body temperature without difficulty while

adding sufficient moisture to the air within the housing system to bind small particles to larger particles.

c. “Aggregate cover” means gravel, concrete, recycled

road base, caliche, or other similar material applied

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 reducing PM10 emissions by cleaning the aisles between

pens and stalls at least twice every 14 days to prevent dried manure, spilled feed, and debris accumulation.

e. “Clean fans, louvers, and soffit inlets in a commercial swine facility” means reducing PM10 emissions

by cleaning fans, louvers, and soffit inlets between

transfer of animal groups.

f. “Clean pens, floors and walls in a commercial swine

facility” means reducing PM10 emissions by cleaning pens, floors, and walls between transfer of animal 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 30

consecutive days within the boundary of the Maricopa PM10 nonattainment area and Maricopa

County portion of Area A or a PM10 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 PM10 emissions by removing, cutting, or

trimming vegetation that accumulates PM10 and

restricts ventilation of the building.

j. “Enclose transfer points” means reducing PM10

emissions by enclosing the points of transfer

between 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 PM10 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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

m. “Maintain moisture in manure solids” means reducing PM10 emissions by maintaining moisture in the

solids sufficient to bind small particles to larger particles.

n. “Minimize drop distance” means reducing PM10

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 feed

conveyance.

o. “Regulated agricultural activity” means a regulated

agricultural activity as defined in A.R.S. § 49-

457(P)(5).

p. “Regulated area” means a regulated area as defined

in A.R.S. § 49-457(P)(6).

q. “Remove spilled feed” means reducing PM10 emissions by removing spilled feed from the housing

facility at least once every 14 days.

r. “Slatted flooring” means reducing PM10 emissions

by using flooring that is a slotted concrete or wiremesh floor set above a liquid manure collection pit,

which allows the excrement to fall though the flooring into the liquid pit below.

s. “Sloped concrete flooring” means reducing PM10

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

PM10 emissions and wind erosion by reducing the

amount of exposed surface area of manure solids.

u. “Store feed” means reducing PM10 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

PM10 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

PM10 emissions and wind erosion at the time of bulk

feed deliveries to the housing units by using a flexible discharge spout on the end of the feed truck

transfer auger.

y. “Use enclosed feed distribution system” means

reducing PM10 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 conveyance.

z. “Use no bedding in the production facility” means

reducing PM10 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 November 14, 2007 (Supp. 07-4). Section repealed; new Section 

made by exempt rulemaking at 18 A.A.R. 137, effective 

December 29, 2011 (Supp. 11-4). Subsection (2)(a) corrected at request of the Department, Office File No. M12-

133, filed April 5, 2012 (Supp. 11-4).

R18-2-611.01. Animal Operations PM10 General Permit; Moderate and Serious PM10 onattainment Areas Except Yuma

County 

A. A commercial animal operator in a regulated area shall comply

with this Section by March 1, 2013.

B. A commercial animal operator, who begins a regulated agricultural activity after January 1, 2012, shall comply with this

Section within 18 months of beginning the regulated agricultural activity.

C. A commercial animal operator within a Serious PM10 Nonattainment Area shall implement at least two best management

practices from each category to reduce PM10 emissions.

D. A commercial animal operator within a Moderate PM10 Nonattainment Area shall implement at least one best management

practice from each category to reduce PM10 emissions.

E. A commercial dairy operation shall implement the following

best management practices, as described in subsection (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 15

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 or

small utility vehicles instead of trucks, or

j. Apply and maintain pavement or cement feed lanes.
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 75 Supp. 12-1

F. A commercial beef cattle feedlot shall implement the following best management practices, as described in subsection (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 15

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, or

i. Apply and maintain oil on roads or feed lanes.

G. A commercial poultry facility shall implement the following

best management practices, as described in subsection (C) or

(D), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. Clean fans, louvers, and soffit inlets in a commercial

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 facility,

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 following

best management practices, as described in subsection (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 commercial

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 swine

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 submit a Best

Management Practices Program General Permit Record Form

to the Arizona Department of Agriculture. Thereafter, the

commercial animal operator shall complete and submit the
Supp. 12-1 Page 76 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

Best Management Practices Program General Permit Record

Form by March 31st of each subsequent year. The Best Management Practices Program General Permit Record Form shall

include the following information:

1. At least the required number of best management practices as described in subsection (C) or (D) that the commercial animal operator implemented during the previous

calendar year;

2. At least the required number of best management practices as described in subsection (C) or (D) that the 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 preparation and implementation of the best management practices;

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 once

every subsequent three calendar years, the Director shall provide the commercial animal operator with a Best Management

Practices Program Periodic Survey. The commercial animal

operator may complete and submit the survey to the Arizona

Department of Agriculture. The Periodic Survey shall include

the following information:

1. The number of animals in a commercial dairy operation,

beef cattle feed lot, poultry facility or swine facility;

2. The total miles of unpaved roads at the commercial dairy

operation, beef cattle feed lot, poultry facility or swine

facility; and

3. The total acreage of the unpaved access connections 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 operator

shall maintain records demonstrating compliance with this

Section and any changes to the best management practices

identified in the most recently submitted Best Management

Practices Program General Permit Record Form. Records shall

be kept by the commercial animal operator onsite and made

available for review within two business days of notice to the

commercial animal operator. A commercial animal operator

shall maintain a record demonstrating compliance with this

Section for three years.

L. A person may develop different practices not contained in subsection (E), (F), (G), or (H) that reduce PM10 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 approved as

described in A.R.S. § 49-457(L).

M. The Director shall not assess a fee to a commercial animal

operator for coverage under the agricultural PM10 general permit.

. A commercial animal operator shall ensure that the implementation of all selected best management practices does 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 compliance 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 obstruction.

2. “Aggregate cover” means gravel, concrete, recycled road

base, caliche, or other similar material applied to noncropland.

3. “Artificial wind barrier” means a physical barrier 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 verified

by scientific research, that on a case-by-case basis is

practical, economically feasible, and effective in reducing

PM10 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 acres

of land used for agricultural purposes within the boundary of the Yuma PM10 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 that reduce

the number of passes and the amount of soil disturbance.

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, shrubs, 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 for 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 strips of

alternating crops within the same field.

17. “Cross-wind vegetative strips” means herbaceous cover

established in one or more strips within the same field.

18. “Equipment modification” means modifying agricultural

equipment to prevent or reduce particulate matter generation from cropland.

19. “Limited activity during a high-wind event” means performing no tillage or soil preparation activity when 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 other material that is not produced onsite to a soil surface.

22. “Multi-year crop” means a crop, pasture, or orchard that

is grown, or will be grown, on a continuous basis for

more than one year.

23. “Night farming” means performing regulated agricultural

activities at night when moisture levels are higher and

winds are lighter.
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

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 cover on

cropland.

26. “Planting based on soil moisture” means applying water

to soil before performing planting operations.

27. “Precision farming” means use of satellite navigation to

calculate position in the field, to reduce overlap during

field operations, and allow operations to occur during

nighttime and inclement weather, thus generating less

PM10.

28. “Reduce vehicle speed” means operating farm vehicles 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 commercial

farming practice that may produce PM10 within the Yuma

PM10 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 soil is

exposed on a field.

33. “Surface roughening” means manipulating a soil surface

to produce or maintain clods.

34. “Synthetic particulate suppressant” means a manufactured product such as lignosulfate, calcium chloride,

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 practice that

physically disturbs cropland or crops on a commercial

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 PM10.

38. “Transgenic crops” means the use of genetically modified

crops such as “herbicide ready” crops, which reduces the

need for tillage or cultivation operations, and reduces soil

disturbance.

39. “Track-out control system” means a device to remove

mud or soil from a vehicle before the vehicle enters a

paved public road.

40. “Tree, shrub, or windbreak planting” means providing a

woody vegetative barrier to the wind.

41. “Watering” means applying water to noncropland.

42. “Yuma PM10 nonattainment area” means the Yuma PM10

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 11 

A.A.R. 2210, effective July 18, 2005 (Supp. 05-2).

R18-2-613. Yuma PM10 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 agricultural

activity after August 1, 2005, shall comply with this Section

within 60 days after beginning the regulated agricultural activity.

C. A commercial farmer shall implement at least one of the best

management practices from each of the following categories 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 implementation of

each selected best management practice does not violate any

other local, state, or federal law.

E. A commercial farmer shall implement at least one of the following best management practices to reduce PM10 emissions

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 of the following best management practices to reduce PM10 emissions

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 of the following best management practices to reduce PM10 emissions

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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

H. A person may develop different practices not contained in subsections (E), (F), or (G) that reduce PM10. 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 demonstrating

compliance with this Section. The commercial farmer shall

provide the records to the Director within two business days of

written notice to the commercial farmer. The records shall

contain:

1. The name of the commercial farmer,

2. The mailing address or physical location of the commercial farm, and

3. The best management practices selected for tillage and

harvest, noncropland, and cropland by the commercial

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 shall not be

greater than 40% measured according to the Arizona Testing Manual, Reference Method 9. An open fire permitted under R18-2-602

or regulated under Article 15 is exempt from this requirement.

Historical ote

Section R18-2-614 renumbered from R18-2-612; 

amended by final rulemaking at 11 A.A.R. 2210, effective 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 commercially or industrially for residential, commercial or industrial buildings and their appurtenances, structural steel,

and other fabrications such as storage tanks, bridges,

beams and girders.

3. “Asphalt concrete plant” means any facility used to manufacture asphalt concrete by heating and drying aggregate

and mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphalt

into the dryer, which employ two or more of the following processes:

a. A dryer.

b. Systems for screening, handling, storing, and weighing hot aggregate.

c. Systems for loading, transferring, and storing mineral filler.

d. Systems for mixing asphalt concrete.

e. The loading, transferring, and storage systems associated with emission control systems.

4. “Black liquor” means waste liquor from the brown stock

washer and spent cooking liquor which have been concentrated in the multiple-effect evaporator system.

5. “Boiler” means an enclosed fossil- or other fuel-fired

combustion device used to produce heat and to transfer

heat to recirculating water, steam, or other medium.

6. “Bottoming-cycle cogeneration unit” means a cogeneration 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 anthracite, bituminous, subbituminous, or lignite by the ASTM Standard

Specification for Classification of Coals by Rank D388-

77, 90, 91, 95, or 98a.

9. “Coal-derived fuel” means any fuel (whether in a solid,

liquid, or gaseous state) produced by the mechanical,

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-fired 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 during

any calendar year after which the unit first produces

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 combustor passes through the turbine, rotating the turbine;

and

b. If the enclosed device under subsection (a) is combined cycle, any associated heat recovery steam generator and steam turbine.

13. “Commercial operation” means the time when the owner

or operator supplies electricity for sale or use, including

test generation.

14. “Concentrate” means enriched copper ore recovered from

the froth flotation process.

15. “Concentrate dryer” means any facility in which a copper

sulfide ore concentrate charge is heated in the presence of

air to eliminate a portion of the moisture from the charge,

provided less than five percent of the sulfur contained in

the charge is eliminated in the facility.

16. “Concentrate roaster” means any facility in which a copper sulfide ore concentrate is heated in the presence of air

to eliminate five percent or more of the sulfur contained

in the charge.

17. “Condensate stripper system” means a column, and associated condensers, used to strip, with air or steam, TRS

compounds from condensate streams from various processes within a kraft pulp mill.
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 79 Supp. 12-1

18. “Control device” means the air pollution control equipment used to remove particulate matter or gases generated by a process source from the effluent gas stream.

19. “Converter” means any vessel to which copper matte is

charged and oxidized to copper.

20. “Electric generating plant” means all electric generating

units located at a stationary source.

21. “Electric generating unit” means:

a. A stationary, coal-fired boiler or stationary coalfired 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 of

more than 25 megawatts electric producing electricity for sale. If a unit qualifies as a cogeneration unit

during the 12-month period starting the date the unit

first produces electricity but subsequently no longer

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 generator

with nameplate capacity of more than 25 megawatts

and supplying in any calendar year more than onethird of the unit’s potential electric output capacity

or 219,000 megawatt-hours, whichever is greater, to

any utility power distribution system for sale.

22. “Existing electric generating plant” means all electric

generating units located at a stationary source during 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 stationary process equipment along with all associated air pollution

equipment.

24. “Fugitive dust” means fugitive emissions of particulate

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 those

achieved by existing controls installed under R18-2-

724(F), taking into account incremental energy, environmental, and economic impacts, market prices of mercury

allowances, balance of plant impacts, and other incremental costs, determined by the Director to be achievable

and to be compatible with existing control technology

installed at the electric generating unit. Incremental best

available control technology shall be determined on a

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 oxide.

29. “Low sulfur oil” means fuel oil containing less than

0.90% by weight of sulfur.

30. “Matte” means a metallic sulfide made by smelting 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 purposes of

industrial coating include all of the following:

a. Large farm machinery, such as harvesting, fertilizing

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, calculators, 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 (transportation

equipment), 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 rolls

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 multipleeffect evaporators and associated condenser and hotwell

used to concentrate the spent cooking liquid that is separated from the pulp.

34. “Nameplate capacity” means, starting from the initial

installation of a generator, the maximum electrical generating output (in megawatts) that an electric generating

unit is capable of producing on a steady-state basis during

continuous operation as specified by the manufacturer.

35. “Neutral sulfite semichemical pulping” means any operation in which pulp is produced from wood by cooking or

digesting wood chips in a solution of sodium sulfite and

sodium bicarbonate, followed by mechanical defibrating

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 through

Number 6 fuel oils as specified in ASTM D-396-90a

(Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT 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 D975-90 (Specification for Diesel Fuel Oils).

37. “Potential electric output capacity” means 33 percent 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 year.
Supp. 12-1 Page 80 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

38. “Process source” means the last operation or process

which produces an air contaminant resulting from either:

a. The separation of the air contaminants from the process material, or

b. The conversion of constituents of the process materials into air contaminants which is not an air pollution abatement operation.

39. “Process weight” means the total weight of all materials

introduced into a process source, including fuels, where

these contribute to pollution generated by the process.

40. “Process weight rate” means a rate established pursuant

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 consisting primarily of sodium carbonate and sodium sulfide. 

42. “Reid vapor pressure” means the absolute vapor pressure

of volatile crude oil and volatile non-viscous petroleum

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 concentrates or

calcines is performed and in which the heat necessary for

smelting is provided primarily by combustion of a fossil

fuel.

44. “Rotary lime kiln” means a unit with an included rotary

drum which is used to produce a lime product from limestone by calcination.

45. “Slag” means fused and vitrified matter separated 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 concentrates,

fuels and chemical reagents, calculated as the aggregate

sulfur content of all fuels and other feed materials whose

products of combustion and gaseous by-products are

emitted to the atmosphere.

48. “Smelting” means processing techniques for the smelting

of a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten slag,

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 smelting is

provided by an electric current, rapid oxidation of a 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 293K

(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 system

by which sulfur dioxide emissions are curtailed during

periods when meteorological conditions conducive to

ground-level concentrations in excess of ambient air

quality standards for sulfur dioxide either exist or are

anticipated.

52. “Topping-cycle cogeneration unit” means a cogeneration

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 production is

then used to provide useful thermal energy.

53. “Total energy output” means, with regard to a cogeneration unit, the sum of useful power and useful thermal

energy produced by the cogeneration unit.

54. “Vapor pressure” means the pressure exerted by the gaseous form of a substance in equilibrium with its liquid or

solid form.

Historical ote

Former Section R18-2-701 repealed effective September 

26, 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. 06-4).

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 relating 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, unless

an alternative opacity limit is approved by the Director

and the Administrator as provided in subsections (D) and

(E), after February 2, 2004;

2. Greater than 40% in an area that is attainment or unclassifiable for each particulate matter standard; and

3. After April 23, 2006, greater than 20% in any area that is

attainment or unclassifiable for each particulate matter

standard except as provided in subsections (D) and (E).

C. If the presence of uncombined water is the only reason for an

exceedance of any visible emissions requirement in this Article, the exceedance shall not constitute a violation of the applicable opacity limit.

D. A person owning or operating a source may petition the Director for an alternative applicable opacity limit. The 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 incapable 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 control

technology that is reasonably available considering technical and economic feasibility; and

iii. An explanation why the source cannot meet the

present 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 in

40 CFR 60 and in Appendix B, Performance Specification 1.

c. A verification by a responsible official of the source

of the truth, accuracy, and completeness of the petition. This certification shall state that, based on
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 81 Supp. 12-1

information and belief formed after reasonable

inquiry, the statements and information in the document 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 petition shall

also include:

a. Documentation that the source conducted concurrent

EPA Reference Method stack testing and visible

emissions readings or is utilizing a continuous opacity 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 multiple

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 operating condition and operated consistent with good

practices for minimizing emissions.

b. Evidence that the source conducted the stack tests

according to R18-2-312, and that they were witnessed by the Director or the Director’s agent or representative.

c. Evidence that the affected facility and any associated 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 standard 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 statement or

report shall demonstrate that the alternative opacity

limit fulfills the Clean Air Act requirement for reasonably 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 subsection (D) the

Director shall approve or deny the petition as provided below

by October 15, 2004:

1. If the petition is approved under subsection (D)(1) or

(D)(2), the Director shall include an alternative opacity

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 under this

Section shall not be greater than 40%. For multiple units

that are normally operated together and whose emissions

vent through a single stack, any new alternative opacity

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 shall be

set at a value that has been demonstrated during, and not

extrapolated from, testing, except that the alternative

opacity limit shall not be greater than 40%.

3. If the petition is denied, the source shall either 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 revised compliance schedule under R18-2-309(5)(c).

F. The Director, Administrator, source owner or operator, inspector or other interested party shall determine the process 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 typical 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 process 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 during

the period.

Historical ote

Former Section R18-2-702 repealed effective September 

26, 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 rulemaking at 

9 A.A.R. 5550, effective February 3, 2004 (Supp. 03-4).

R18-2-703. Standards of Performance for Existing Fossil-fuel

Fired Steam Generators and General Fuel-burning Equipment

A. This Section applies to the following:

1. Installations in which fuel is burned for the primary 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 byproducts of a manufacturing process are burned for the

same purpose or in conjunction with any fuel, the same

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 general fuel

burning equipment which are greater than or equal to 73

megawatts capacity.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion

pass through a stack or other outlet. The heat content of solid

fuel shall be determined in accordance with R18-2-311. Compliance tests shall be conducted during operation at the nominal rated capacity of each unit. 

C. No person shall cause, allow or permit the emission of particulate matter in excess of the amounts calculated by one of the

following equations:

1. For equipment having a heat input rate of 4200 million

Btu per hour or less, the maximum allowable emissions

shall be determined by the following equation:

E = 1.02Q0.769

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 than 4200

million Btu per hour, the maximum allowable emissions

shall be determined by the following equation:

E = 17.0Q0.432

where “E” and “Q” have the same meaning as in

subsection (C)(1).

D. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

E. When low sulfur oil is fired:
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Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

1. Existing fuel-burning equipment or steam-power generating installations which commenced construction or a

major modification prior to May 30, 1972, shall not emit

more than 1.0 pounds sulfur dioxide maximum threehour average, per million Btu (430 nanograms per joule)

heat input.

2. Existing fuel-burning equipment or steam-power generating installations which commenced construction or a

major modification after May 30, 1972, shall not emit

more than 0.80 pounds of sulfur dioxide maximum threehour average per million Btu (340 nanograms per joule)

heat input.

F. When high sulfur oil is fired, all existing steam-power generating and general fuel-burning installations which are 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 steampower generating installations which commenced construction or a major modification prior to May 30, 1972,

shall not emit more than 1.0 pounds of sulfur dioxide

maximum three-hour average, per million Btu (430 nanograms per joule) heat input.

2. Existing general fuel-burning equipment and steampower generating installations which commenced construction or a major modification after May 30, 1972,

shall not emit more than 0.80 pounds of sulfur dioxide,

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 by the permittee, unless the applicant demonstrates to the satisfaction of the

Director that sufficient quantities of low sulfur oil are not

available for use by the source and that it has adequate facilities and contingency plans to ensure that the sulfur dioxide

ambient air quality standards set forth in R18-2-202 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 sulfur oil

no longer exists, the permit shall be modified accordingly. 

4. Nothing in this Section shall be construed as allowing the

use of a supplementary control system or other form of

dispersion technology.

I. Existing steam-power generating installations which commenced construction or a major modification after May 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 million 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 million 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 million 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 provisions of

this Section shall, conform to the requirements of R18-2-313.

K. The applicable reference methods given in the Appendices 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 calculated under subsection (B).

Historical ote

Former Section R18-2-703 repealed effective September 

26, 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, effective 

March 7, 2009 (Supp. 09-1).

R18-2-704. Standards of Performance for Incinerators

A. No person shall cause, allow or permit to be emitted into the

atmosphere, from any type of incinerator, smoke, fumes,

gases, particulate matter or other gas-borne material which

exceeds 20% opacity except during the times specified in subsection (D).

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

incinerator, in excess of the following limits:

1. For multiple chamber incinerators, controlled atmosphere

incinerators, fume incinerators, afterburners or other

unspecified types of incinerators, emissions shall not

exceed 0.1 grain per cubic foot, based on dry flue gas at

standard conditions, corrected to 12% carbon dioxide.

2. For wood waste burners other than air curtain destructors,

emissions discharged from the stack or burner top opening shall not exceed 0.2 grain per cubic foot, based on dry

flue gas at standard conditions, corrected to 12% carbon

dioxide.

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

nearest dwelling.

D. Incinerators shall be exempt from the opacity and emission

requirements described in subsections (A) and (B) as follows:

1. For multiple chamber incinerators, controlled atmosphere incinerators, fume incinerators, afterburners

or other unspecified types of incinerators, such

exemption shall be for not more than 30 seconds in

any 60-minute period.

2. Wood waste burners shall be exempt both:

a. For a period once each day for the purpose of

building a new fire but not to exceed 60 minutes, and

b. For an upset of operations not to exceed three

minutes in any 60-minute period.

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

hours of operation.

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

as follows:

1. The reference methods in 40 CFR 60, Appendix A, shall

be used to determine compliance with the standards prescribed in subsection (B) as follows:

a. Method 5 for the concentration of particulate matter

and the associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis and calculation of excess

air, using the integrated sampling technique.

2. For Method 5, the sampling time for each run shall be at

least 60 minutes and the minimum sample volume shall

be 0.85 dscm (30.0 dscf) except that smaller sampling

times or sample volumes, when necessitated by process
Arizona 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 September 

26, 1990 (Supp. 90-3). New Section R18-2-704 renumbered from R18-2-504 effective November 15, 1993 

(Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 

2157, effective August 4, 2007 (Supp. 07-2).

R18-2-705. Standards of Performance for Existing Portland

Cement Plants

A. The provisions of this Section are applicable to the following

affected facilities in portland cement plants: kiln, clinker

cooler, raw mill system, finish mill system, raw mill 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 discharge of particulate matter from any identifiable process source within 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 = 4.10P0.67

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 = 55.0P0.11-40

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 sulfur

oxides, calculated as sulfur dioxide, per ton cement kiln feed

from cement plants subject to the provisions of this Section.

E. The owner or operator of any portland cement plant subject to

the provisions of this Section shall record the daily production

rates and the kiln feed rates.

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

as follows:

1. The reference methods in 40 CFR 60, Appendix A,

except as provided for in R18-2-312 shall be used to

determine compliance with the standards prescribed in

subsection (B) as follows:

a. Method 5 for the concentration of particulate matter

and the associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis.

2. For Method 5, the minimum sampling time and minimum

sample volume for each run except when process variables 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 production

system.

4. For each run, particulate matter emissions, expressed in

g/metric ton of kiln feed, shall be determined by dividing

the emission rate in g/hr by the kiln feed rate. The emission rate shall be determined by the equation, g/hr = Qs x

c, where Qs = volumetric flow rate of the total effluent in

dscm/hr as determined in accordance with subsection

(F)(1)(c), and c = particulate concentration in g/dscm as

determined in accordance with subsection (F)(1)(a).

Historical ote

Former Section R18-2-705 repealed effective September 

26, 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 itric

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 pressure 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 nitrogen

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, maintained and operated by the owner or operator, in accordance with Section

R18-2-313.

D. The test methods and procedures required by this Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A shall

be used to determine compliance with the standard prescribed 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 according

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 least four

grab samples taken at approximately 15-minute intervals.

The arithmetic mean of the samples shall constitute the

run value. A velocity traverse shall be performed once

per run.

3. Acid production rate, expressed in metric tons per 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 production

system.

4. For each run, nitrogen oxides, expressed in g/metric ton

of 100% nitric acid, shall be determined by dividing the

emission rate in g/hr by the acid production rate. The

emission rate shall be determined by the equation:

g/hr = Qs

 x c

where Qs = volumetric flow rate of the effluent in

dscm/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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

as determined in accordance with subsection

(D)(1)(a).

Historical ote

Former Section R18-2-706 repealed effective September 

26, 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 Sulfuric

Acid Plants

A. Facilities that produce sulfuric acid by the contact 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 ton (4 lbs/

ton) of sulfuric acid produced (calculated as 100%

H2SO4), or

2. Greater than 0.075 kg of sulfuric acid mist per metric ton

(0.15 lbs/ton) or sulfuric acid produced (calculated as

100% H2SO4).

B. This Section shall not apply to metallurgical plants or other

facilities where conversion to sulfuric acid is utilized 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 Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A shall

be used to determine compliance with standards prescribed in subsection (A) as follows:

a. Method 8 for concentration of SO2 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 variables or other factors, may be approved by the Director.

3. Acid production rate, expressed in metric tons per hour of

100% H2SO4

, shall be both:

a. Determined during each testing period by suitable

methods, and 

b. Confirmed by a material balance over the production

system.

4. Acid mist and sulfur dioxide emissions, expressed in g/

metric ton of 100% H2SO4

, shall be determined by dividing the emission rate in g/hr by the acid production rate.

The emission rate shall be determined by the equation, g/

hr-Qs x c, where Qs = volumetric flow rate of the effluent

in dscm/hr as determined in accordance with subsection

(D)(1)(c), and c = acid mist and SO2 concentrations in g/

dscm as determined in accordance with subsection

(D)(1)(a).

Historical ote

Former Section R18-2-707 repealed effective September 

26, 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 Asphalt

Concrete Plants

A. Fixed asphalt concrete plants and portable asphalt concrete

plants shall meet the standards set forth in this Section. 

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

matter.

E. Liquid fuel containing greater than 0.9% sulfur by weight shall

not be utilized for asphalt concrete plants subject to this Section.

F. Solid fuel containing greater than 0.5% sulfur by weight shall

not be utilized for asphalt concrete plants subject to this Section.

G. The test methods and procedures required under this Section

are:

1. The referenced methods given in 40 CFR 60, Appendix

A, as incorporated by reference in Appendix 2 of this

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 shall be at

least 60 minutes and the sampling rate shall be at least 0.9

dscm/hr (0.53 dscf/min) except that shorter sampling

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 September 

26, 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

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 85 Supp. 12-1

R18-2-709. Standards of Performance for Existing Petroleum Refineries

A. The provisions of this Section are applicable to the following

affected facilities in petroleum refineries: fluid catalytic cracking unit catalyst regenerators, fluid catalytic cracking unit

incinerator-waste heat boilers, and fuel gas combustion

devices.

B. Except as provided in subsection (G), all petroleum refineries

subject to this Section are also subject to the provisions of

R18-2-901(12).

C. The owner or operator of a petroleum refinery complex subject

to this Section shall develop and conduct a leak monitoring

program in accordance with Appendix H of the EPA Petroleum 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, Appendix A, the

owner shall both:

1. Include the leaking component on a written list of 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 the end of a pipe

or line containing volatile organic compounds unless the pipe

or line is sealed with a second valve, a blind flange, 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 some manner

that is clearly visible.

G. Existing petroleum refineries of a capacity of 7,000 barrels per

day or less shall be exempt from the emissions monitoring

requirements of 40 CFR 60.105 provided the owner or operator of such a refinery complies with all of the following:

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 sulfide,

and unburned hydrocarbons.

2. Ambient concentrations of SO2 in the vicinity of the

refinery shall be calculated using a suitable model

approved by the Director and shall not exceed the Class II

maximum allowable increases given in R18-2-218.

3. A continuous SO2 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 SO2 concentrations shall not exceed Class II

maximum allowable increases.

Historical ote

Former Section R18-2-709 repealed effective September 

26, 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 Storage

Vessels for Petroleum Liquids

A. No person shall place, store or hold in any reservoir, stationary

tank or other container having a capacity of 40,000 (151,400

liters) or more gallons any petroleum liquid having a 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 double-deck

type roof resting on the surface of the liquid contents 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 standards of

the petroleum industry. The control equipment shall not

be used if the petroleum liquid has a vapor pressure of 12

pounds per square inch absolute or greater under actual

storage conditions. 

a. All tank gauging and sampling devices shall be gastight 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 applicable,

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 device

is in actual use. 

c. Automatic bleeder vents shall be closed at all times,

except when the roof is floated off or landed on the

roof leg supports. 

d. Rim vents, if provided, shall be set to open when the

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 to the

atmosphere.

B. Any other petroleum liquid storage tank shall be equipped

with a submerged filling device, or acceptable equivalent, for

the control of hydrocarbon emissions.

C. All facilities for dock loading of petroleum products, having a

vapor pressure of 1.5 pounds per square inch absolute or

greater at loading pressure, shall provide for submerged filling

or acceptable equivalent for control of hydrocarbon emissions.

D. All pumps and compressors which handle volatile organic

compounds shall be equipped with mechanical seals or other

equipment of equal efficiency to prevent the release of organic

contaminants into the atmosphere.

E. The monitoring of operations required by this Section is as follows:

1. The owner or operator of any petroleum liquid storage

vessel to which this Section applies shall for each such

storage vessel maintain a file of each type of petroleum

liquid stored, of the typical Reid vapor pressure of each

type of petroleum liquid stored and of dates of storage.

Dates on which the storage vessel is empty shall be

shown.

2. The owner or operator of any petroleum liquid storage

vessel to which this Section applies shall for such storage

vessel determine and record the average monthly storage

temperature and true vapor pressure of the petroleum liquid stored at such temperature if either:

a. The petroleum liquid has a true vapor pressure, as

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, as

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, or
Supp. 12-1 Page 86 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

portion thereof, if storage is for less than a month, from

bulk liquid storage temperatures determined at least once

every seven days.

4. The true vapor pressure shall be determined by the procedures in American Petroleum Institute Bulletin 2517,

amended as of February 1980 (and no future editions),

which is incorporated herein by reference and on file with

the Office of the Secretary of State. This procedure is

dependent upon determination of the storage temperature

and the Reid vapor pressure, which requires sampling of

the petroleum liquids in the storage vessels. Unless the

Director requires in specific cases that the stored petroleum liquid be sampled, the true vapor pressure may be

determined by using the average monthly storage temperature and the typical Reid vapor pressure. For those liquids for which certified specifications limiting the Reid

vapor pressure exist, the Reid vapor pressure may be

used. For other liquids, supporting analytical data must be

made available upon request to the Director when typical

Reid vapor pressure is used.

Historical ote

Section R18-2-710 renumbered from R18-2-510 effective 

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

R18-2-711. Standards of Performance for Existing Secondary Lead Smelters

A. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

C. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

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 Section are

as follows:

1. The reference methods set forth in 40 CFR 60, Appendix

A, as incorporated by reference in Appendix 2 of this

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 shall be at

least 60 minutes and the sampling rate shall be at least 0.9

dscm/hr (0.53 dscf/min), except that shorter sampling

times, when necessitated by process variables or other

factors, may be approved by the Director. Particulate

sampling shall be conducted during representative periods of furnace operation including charging and tapping.

Historical ote

Section R18-2-711 renumbered from R18-2-511 effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 

09-1).

R18-2-712. Standards of Performance for Existing Secondary Brass and Bronze Ingot Production Plants

A. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any secondary brass or bronze ingot production plant in total

quantities in 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

C. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

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 Section are

as follows:

1. The reference methods set forth in 40 CFR 60, Appendix

A, as incorporated by reference in Appendix 2 of this

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 shall be at

least 120 minutes and the sampling rate shall be at least

0.9 dscm/hr (0.53 dscf/min), except that shorter sampling

times, when necessitated by process variables or other

factors, may be approved by the Director. Particulate matter sampling shall be conducted during representative

periods of charging and refining but not during pouring of

the heat.

Historical ote

Section R18-2-712 renumbered from R18-2-512 effective 

November 15, 1993 (Supp. 93-4). Amended by final rule-
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 (Supp. 

09-1).

R18-2-713. Standards of Performance for Existing Iron and

Steel Plants

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

basic oxygen process furnace in total quantities in 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

C. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

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 follows:

1. The owner or operator of an affected facility shall maintain daily records of the time and duration of each steel

production cycle.

2. The owner or operator of any affected facility that uses

Venturi scrubber emission control equipment shall install,

calibrate, maintain and continuously operate the following 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% of

the 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, Appendix

A, as incorporated by reference in Appendix 2 of this

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 duration of at

least 60 minutes. The sampling rate shall be at least 0.9

dscm/hr (0.53 dscf/min), except that shorter sampling

times, when necessitated by process variables or other

factors, may be approved by the Director. A cycle shall

start at the beginning of either the scrap preheat or the

oxygen blow and shall terminate immediately prior to

tapping.

Historical ote

Section R18-2-713 renumbered from R18-2-513 effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 

09-1).

R18-2-714. Standards of Performance for Existing Sewage

Treatment Plants

A. No person shall cause, allow or permit to be emitted 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 conditions, corrected to 12% carbon dioxide.

B. The owner or operator of any sludge incinerator subject to the

provisions of this Section shall monitor operations by doing all

of the following:

1. Install, calibrate, maintain and operate a flow measuring device which can be used to determine either

the mass or volume of sludge charged to the incinerator. The flow measuring device shall have an accuracy of ± 5% over its operating range.

2. Provide access to the sludge charged so that a wellmixed representative grab sample of the sludge can

be obtained.

3. Install, calibrate, maintain and operate a weighing

device for determining the mass of any municipal

solid waste charged to the incinerator when sewage

sludge and municipal solid wastes are incinerated

together. The weighing device shall have an accuracy of ± 5% over its operating range.

C. The test methods and procedures required by this Section are

as follows:

1. The reference methods set forth in 40 CFR 60, Appendix

A 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; and

d. Method 3 for gas analysis.

2. For Method 5, the sampling time for each run shall be at

least 60 minutes and the sampling rate shall be at least

0.015 dscm/min (0.53 dscf/min), except that shorter sampling 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 effective 

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 Primary

Copper Smelters; Site-specific Requirements

A. No owner or operator of a primary copper smelter shall 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 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

C. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

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 Testing Manual

and 40 CFR 60, Appendix A, as incorporated by reference in

Appendix 2 of this Chapter, shall be used to determine compliance with the standards prescribed in this Section as follows:

1. Method A1 or Reference Method 5 for concentration of

particulate matter and associated moisture content,

2. Reference Method 1 for sample and velocity traverses,

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 delayed compliance order, the owner or operator of any primary copper

smelter shall not discharge or cause the discharge of sulfur

dioxide into the atmosphere from any stack required to be

monitored by R18-2-715.01(K) in excess of the following:

1. For the copper smelter located near Hayden, Arizona 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 calculated under R18-2-715.01(C), shall not exceed n

cumulative occurrences in excess of E, the emission

level, 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, Arizona 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 calculated under R18-2-715.01(C), shall not exceed n

cumulative occurrences in excess of E, the emission

level, 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 delayed compliance order, for the copper smelter located near Hayden, 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 712
Arizona 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), except as provided in a consent decree or a delayed compliance order, 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 fugitive 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, effective 

January 15, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3365, effective July 18, 2002 (Supp. 

02-3). 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, effective March 7, 2009 

(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 R18-2-

715(F) apply to the total of sulfur dioxide emissions from the

smelter processing units and sulfur dioxide control and

removal equipment, but not uncaptured fugitive emissions or

emissions due solely to the use of fuel for space heating or

steam generation.

B. The owner or operator shall include periods of malfunction,

startup, shutdown or other upset conditions when determining

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 with the

cumulative occurrence and emission limits contained in

R18-2-715(F) as follows:

1. The owner or operator shall calculate annual average

emissions at the end of each day by averaging the emissions 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 average computed for the preceding day; or

b. 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 averaging

the hourly emissions for the preceding three consecutive

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 compliance

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 emissions average in excess of an emission level E violates the associated

cumulative occurrence limit n listed in R18-2-715(F) if:

1. The number of all three-hour emissions averages calculated 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 operating 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 occurrence limit on

the same day and violations of different cumulative occurrence

limits on the same day constitute a single violation of

R18-2-715(F).

H. The violation of any cumulative occurrence limit and an

annual average emission limit on the same day constitutes only

a single violation of the requirements of R18-2-715(F).

I. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common

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 being

reported unless that period includes less than 300 operating

days, in which case the number of days preceding the last day

of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes 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 measurement system

for continuously monitoring sulfur dioxide concentrations and

stack gas volumetric flow rates in each stack that could emit

five percent or more of the allowable annual average sulfur

dioxide emissions from the smelter.

1. The owner or operator shall continuously monitor sulfur

dioxide concentrations and stack gas volumetric flow

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 these

emissions as part of total plant emissions when determining compliance with the cumulative occurrence and emission limits in R18-2-715(F) and (H).

3. If the owner or operator demonstrates to the Director that

measurement of stack gas volumetric flow in the outlet of

any particular piece of sulfur dioxide control equipment

would yield inaccurate results once operational or would

be technologically infeasible, then the Director may

allow measurement of the flow rate at an alternative sampling point.

4. For purposes of this subsection, continuous monitoring

means the taking and recording of at least one measurement of sulfur dioxide concentration and stack gas flow

rate reading from the effluent of each affected stack, 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 stacks,

outlets, or other approved measurement locations are

measured for at least 45 minutes of any hour according 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 requirements:

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 in

writing at least 30 days in advance of the start of relative accuracy test audit (RATA) procedures performed on the continuous monitoring system.

d. The Director shall approve the location of all sampling points for monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in writing

before installation and operation of measurement

instruments.

e. The measurement system installed and used under

this subsection is subject to the manufacturer’s recommended 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 specifications or recommendations shall be followed. The

owner or operator shall make available a record of

these procedures that clearly shows instrument readings 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 which emissions occurred in any month.

M. Failure of the owner or operator of a smelter subject to this

Section to measure any 12 consecutive hours of emissions

according to the requirements of subsection (K) or (S) is a violation of this Section.

. The owner or operator of any smelter subject to this Section

shall maintain on hand and ready for immediate installation

sufficient spare parts or duplicate systems for the continuous

monitoring equipment required by this Section to allow for the

replacement within six hours of any monitoring equipment

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 material balances for sulfur according to the procedures prescribed by

Appendix 8 of this Chapter.

P. The owner or operator of any smelter subject to this Section

shall maintain a record of all average hourly emissions measurements and all calculated average monthly emissions

required by this Section. The record of the emissions shall be

retained for at least five years following the date of measurement or calculation. The owner or operator shall record the

measurement or calculation results as pounds per hour of sulfur dioxide. The owner or operator shall summarize the following data monthly and submit the summary to the Director

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 of each

day of the month;

2. The total number of hourly periods during the month in

which measurements were not taken and the reason for

loss of measurement for each period;

3. The number of three-hour emissions averages that

exceeded each of the applicable emissions levels listed in

R18-2-715(F) and (G)(1)(b) for the compliance periods

ending on each day of the month being reported;

4. The date on which a cumulative occurrence limit listed in

R18-2-715(F) or (G)(1)(b) was exceeded if the exceedance 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 of 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 exists to

bypass the sulfur removal equipment, to detect and record all

periods that the bypass is in operation. An owner or operator

of a copper smelter shall report to the Director, not later than

the 15th day of each month, the recorded information required

by this Section, including an explanation for the necessity of

the use of the bypass.

R. The owner or operator shall determine compliance with the

cumulative occurrence and fugitive emission limits contained

in R18-2-715(G)(1) as follows:

1. The owner or operator shall calculate annual average

emissions at the end of each day by averaging the emissions 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 allowable annual average emission limit is a violation of R18-

2-715(G)(1)(a) if either:

a. The annual average is greater than the annual average computed for the preceding day; or

b. 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 averaging

the hourly emissions for the preceding three consecutive

hours provided each hour was measured according to the

requirements contained in subsection (S).

3. For purposes of subsection (R)(2), a three-hour emissions

average in excess of an emission level Ef

 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 of

that emission level exceeds the cumulative occurrence limit associated with the emission level; and

b. The average is calculated during the last operating

day of the compliance period being reported.

4. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level Ef

 on the day

containing the last hour in the average.

5. Multiple violations of the same cumulative occurrence

limit on the same day and violations of different cumulative 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 constitutes

only a single violation of the requirements of R18-2-

715(G)(1).

7. Multiple violations of a cumulative occurrence limit 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 calendar

days immediately preceding the end of each day of the

month being reported unless that period includes less than

300 operating days, in which case the number of days
Arizona 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 shall be

increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day

is any day on which sulfur-containing feed is introduced

into the smelting process.

S. To determine compliance with R18-2-715(G)(1), the owner or

operator of the smelter subject to R18-2-715(G)(1) shall

install, calibrate, maintain, and operate a measurement system

for continuously monitoring sulfur dioxide concentrations of

the converter roof fugitive emissions.

1. For purposes of this subsection, continuous monitoring

means the taking and recording of at least one measurement of sulfur dioxide concentration from an approved

measurement location in each 15-minute period. Fifteenminute 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 requirements 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 according to the methods in 40 CFR 60, Appendix F, except that

an annual relative accuracy test audit (RATA) is not

required.

T. The emission limit in R18-2-715(G)(2) applies to the total of

uncaptured fugitive sulfur dioxide emissions 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 owner or operator shall

determine compliance with the emission limit contained in

R18-2-715(G)(2) as follows:

1. The owner or operator shall calculate annual average

fugitive emissions at the end of the last day of each month

by averaging the monthly emissions for the previous 12-

month period ending on that day. To determine monthly

fugitive emissions, the owner or operator shall perform

material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter.

2. An annual emissions average in excess of the allowable

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 total of

stack and uncaptured fugitive sulfur dioxide emissions 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 owner or operator shall determine compliance with the emission limit contained in R18-2-715(H) as follows:

1. The owner or operator shall calculate annual average

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 according to the requirements contained in subsection (K).

2. The owner or operator shall calculate annual average

fugitive emissions at the end of the last day of each month

by averaging the monthly emissions for the previous 12-

month period ending on that day. To determine monthly

fugitive emissions, the owner or operator shall perform

material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter.

3. An annual emissions average in excess of the allowable

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 allowable

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, effective 

January 15, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3365, effective July 18, 2002 (Supp. 

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 compliance

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 fugitive emissions from the smelter. The evaluation results shall contain all

of the following information:

1. A measurement or accurate estimate of total fugitive

emissions from the smelter during typical operations,

including planned start-up and shutdown. The measurement or estimate shall contain the amount of both average

short-term (24 hours) and average long-term (monthly)

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 emission amounts, including the conditions determined to be

“typical operations” for the smelter.

2. A measurement or accurate estimate of the relative proportion, expressed as a percentage, of total fugitive 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 estimation used

to fulfill the requirement in subsection (B)(2) shall be

approved in advance by the Department.

4. The results of at least a six-month fugitive emission

impact analysis conducted during that part of the year

when fugitive emissions are expected to have the greatest

ambient air quality impact. The study shall utilize sufficient measurements of fugitive emissions, meteorological

conditions and ambient sulfur dioxide concentrations to

associate fugitive emissions with specific measured

ambient concentrations of sulfur dioxide. The study shall

describe in detail the techniques used to make the

required determinations. The design of the study shall be

approved in advance by the Department.

C. On the basis of the results of the evaluation as well as other

data and information contained in the records of the Department, the Director shall determine whether fugitive emissions

from a particular smelter have the potential to cause or significantly contribute to violations of the ambient sulfur dioxide

standards in the vicinity of the smelter. If the Director finds

that fugitive emissions from a particular smelter have the

potential to cause or significantly contribute to violations of
Supp. 12-1 Page 92 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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 necessary 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 occurrence

and emission limits listed in R18-2-715(F) will require

the smelter to undergo major modifications to its physical

configuration or work practices prior to the compliance

date, and

2. That the modification will reduce fugitive emissions to

such an extent that such emissions will not cause or significantly contribute to violations of ambient sulfur dioxide standards in the vicinity of the smelter.

E. In order to assess the sufficiency of the cumulative occurrence

and emission limits contained in R18-2-715(F) to maintain the

ambient air quality standards for sulfur dioxide set forth in

R18-2-202, an owner or operator of a smelter subject to this

Section shall continue to calibrate, maintain and operate any

ambient sulfur dioxide monitoring equipment owned by the

smelter owner or operator and in operation within the area of

the smelter enclosed by a circle with 10-mile radius 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 in accordance with 40 CFR 50 and 58 and such other conditions

as the Director deems necessary. 

2. The location of ambient sulfur dioxide monitors and

length of time such monitors remain at a location shall 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 Coal

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 processing

and conveying equipment including breakers and crushers,

coal storage systems, and coal transfer and loading systems.

For purposes of this Section, the definitions contained in 40

CFR 60.251 are adopted by reference and incorporated herein.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

matter.

E. Fugitive emissions from coal preparation plants shall be controlled in accordance with R18-2-604 through R18-2-607.

F. The test methods and procedures required by this Section 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 prescribed 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 shall 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 variables

or other factors, may be approved by the Director. Sampling shall not be started until 30 minutes after start-up

and shall be terminated before shutdown procedures commence. The owner or operator of the affected facility

shall eliminate cyclonic flow during performance tests 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 determined by

applicable test methods and procedures under subsection

(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, effective 

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 discharge of particulate matter into the atmosphere in any one hour from electric

arc furnaces or dust-handling equipment which are affected

facilities in any steel plant in total quantities in 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicable 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 weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

matter.

D. An opacity standard of 40% shall not be exceeded by existing

steel plant electric arc furnaces and their appurtenances for

more than an aggregate of three minutes in any 45-minute

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 provisions 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 incorporated 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 shall 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 necessitated

by process variables or other factors, may be approved 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 effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 

09-1).

R18-2-718. Repealed

Historical ote

Section R18-2-718 renumbered from R18-2-518 effective 

November 15, 1993 (Supp. 93-4). Section repealed by

final rulemaking at 13 A.A.R. 2157, effective August 4, 

2007 (Supp. 07-2).

R18-2-719. Standards of Performance for Existing Stationary Rotating Machinery

A. The provisions of this Section are applicable to the following

affected facilities: all stationary gas turbines, oil-fired turbines,

or internal combustion engines. This Section also applies to an

installation operated for the purpose of producing electric or

mechanical power with a resulting discharge of sulfur 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 combustion

pass through a stack or other outlet. Compliance tests shall be

conducted during operation at the normal rated capacity of

each unit. The total heat input of all operating fuel-burning

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 emission of particulate matter, caused by combustion of fuel, from any stationary

rotating machinery in excess of the amounts calculated by one

of the following equations:

1. For equipment having a heat input rate of 4200 million

Btu per hour or less, the maximum allowable emissions

shall be determined by the following equation:

E = 1.02Q0.769

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 than 4200

million Btu per hour, the maximum allowable emissions

shall be determined by the following equation:

E = 17.0Q0.432

where “E” and “Q” have the same meaning as in

subsection (C)(1).

D. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

E. No person shall cause, allow or permit to be emitted into the

atmosphere from any stationary rotating machinery, smoke for

any period greater than 10 consecutive seconds which exceeds

40% opacity. Visible emissions when starting cold equipment

shall be exempt from this requirement for the first 10 minutes.

F. When low sulfur oil is fired, stationary rotating machinery

installations shall burn fuel which limits the emission 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 of 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 by the permittee. This condition may not be included in the permit if the

applicant demonstrates to the satisfaction of the Director both

that sufficient quantities of low sulfur oil are not available for

use by the source and that it has adequate facilities and contingency plans to ensure that the sulfur dioxide ambient air quality standards set forth in R18-2-202 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 sulfur oil

no longer exist, the permit shall be modified accordingly. 

4. Nothing in this Section shall be construed as allowing the

use of a supplementary control system or other form of

dispersion technology.

I. The owner or operator of any stationary rotating machinery

subject to the provisions of this Section shall record 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 machinery

subject to the provisions of this Section shall report to the

Director any daily period during which the sulfur content of

the fuel being fired in the machine exceeds 0.8%.

K. The test methods and procedures required by this Section are

as follows:

1. To determine compliance with the standards prescribed in

subsections (C) through (H), the following reference

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 and

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 Total

Sulfur in Fuel Gases for the sulfur content of gaseous fuels. 

2. To determine compliance with the standards prescribed 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 gaseous 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, effective 

March 7, 2009 (Supp. 09-1).

R18-2-720. Standards of Performance for Existing Lime

Manufacturing Plants

A. The provisions of this Section are applicable to the following

affected facilities used in the manufacture of lime: rotary lime

kilns, vertical lime kilns, lime hydrators, and limestone crushing facilities. This Section is also applicable to limestone

crushing equipment which exists apart from other lime manufacturing facilities.

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

manufacturing or limestone crushing facility 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

matter.

E. Fugitive emissions from lime plants shall be controlled 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 continuous

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 provisions of

this Section shall not be required to monitor the opacity of the

gases discharged as required in subsection (F).

H. The test methods and procedures required by this Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A, as

incorporated by reference in Appendix 2 of this Chapter,

shall be used to determine compliance with this Section

as follows:

a. Method 5 for the measurement of particulate matter,

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 shall be at

least 60 minutes and the sampling rate shall be at least

0.85 dscm/hr (0.53 dscf/min), except that shorter sampling times, when necessitated by process variables or

other factors, may be approved by the Director.

3. Because of the high moisture content of the exhaust gases

from the hydrators, in the range of 40 to 85% by volume,

the Method 5 sample train may be modified to include 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 velocity 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, effective 

March 7, 2009 (Supp. 09-1).

R18-2-721. Standards of Performance for Existing onferrous Metals Industry Sources

A. The provisions of this Section are applicable to the 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 discharge of particulate matter into the atmosphere in any one hour from any process source subject to the provisions of this Section 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 = 4.10P0.67

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 greater than

60,000 pounds per hour (30 tons per hour), the maximum

allowable emissions shall be determined by the following

equation:

E = 55.0P0.11-40

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 applicable equations

and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

matter.

E. No person shall cause, allow or permit to be discharged into

the atmosphere from any dryer or roaster the operating temperature of which exceeds 700°F, reduced sulfur in excess of 10%

of the sulfur entering the process as feed. Reduced sulfur

includes sulfur equivalent from all sulfur emissions including

sulfur dioxide, sulfur trioxide, and sulfuric acid.

F. The owner or operator of any mining property subject to the

provisions of this Section shall record the daily process rates

and hours of operation of all material handling facilities.

G. A continuous monitoring system for measuring sulfur dioxide

emissions shall be installed, calibrated, maintained and operated by the owner or operator where dryers or roasters are not

expected to achieve compliance with the standard under subsection (E).

H. The test methods and procedures required by this Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A, as

incorporated by reference in Appendix 2 of this Chapter,

shall be used to determine compliance with the standard

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 excess

air, using the integrated sample technique;

e. Method 6 for concentration of SO2

.

2. For Method 5, Method 1 shall be used to select the 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 160°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 duct

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 effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 

09-1).

R18-2-722. Standards of Performance for Existing Gravel or

Crushed Stone Processing Plants

A. The provisions of this Section are applicable to the following

affected facilities: primary rock crushers, secondary rock

crushers, tertiary rock crushers, screens, conveyors and conveyor transfer points, stackers, reclaimers, and all gravel or

crushed stone processing plants and rock storage piles.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere except as fugitive emissions

in any one hour from any gravel or crushed stone processing

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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

D. Spray bar pollution controls shall be utilized in accordance

with “EPA Control of Air Emissions From Process Operations

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 incorporated

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 processing

plants shall be controlled in accordance with R18-2-604

through R18-2-607.

F. The owner or operator of any affected facility subject to the

provisions of this Section shall install, calibrate, maintain, and

operate monitoring devices which can be used to determine

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 shall maintain a

record of daily production rates of gravel or crushed stone produced.

H. The test methods and procedures required by this Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A, as

incorporated by reference in Appendix 2 of this Chapter,

shall be used to determine compliance with the standards

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 shall 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 variables

or other factors, may be approved by the Director. Sampling shall not be started until 30 minutes after start-up

and shall be terminated before shutdown procedures commence. The owner or operator of the affected facility

shall eliminate cyclonic flow during performance tests 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, effective 

March 7, 2009 (Supp. 09-1).

R18-2-723. Standards of Performance for Existing Concrete

Batch Plants

Fugitive dust emitted from concrete batch plants shall 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 installations

which are less than 73 megawatts capacity (250 million 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 producing

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 by-products of a manufacturing process are burned for the

same purpose or in conjunction with any fuel, the same 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 combustion

pass through a stack or other outlet. The heat content of solid

fuel shall be determined in accordance with R18-2-311. Compliance tests shall be conducted during operation at the nominal rated capacity of each unit. The total heat input 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 emission of particulate matter, caused by combustion of fuel, from any fuel-burning operation in excess of the amounts calculated by one of the

following equations:

1. For equipment having a heat input rate of 4200 million

Btu per hour or less, the maximum allowable emissions

shall be determined by the following equation:

E = 1.02Q0.769

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 than 4200

million Btu per hour, the maximum allowable emissions

shall be determined by the following equation:

E = 17.0Q0.432

where “E” and “Q” have the same meanings as in

subsection (C)(1).

D. Actual values shall be calculated from the applicable equations

and rounded off to two decimal places.

E. Fossil-fuel fired industrial and commercial equipment 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 equipment installations shall not emit more than 2.2 pounds of sulfur dioxide per

million Btu heat input when high sulfur oil is fired.

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 by the permittee. This condition may be omitted from the permit if the

applicant demonstrates to the satisfaction of the Director both

that sufficient quantities of low sulfur oil are not available for

use by the source and that it has adequate facilities and contingency plans to ensure that the sulfur dioxide ambient air quality standards set forth in R18-2-202 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 sulfur oil

no longer exist, the permit shall be modified accordingly. 

4. Nothing in this Section shall be construed as allowing the

use of a supplementary control system or other form of

dispersion technology.

H. When coal is fired, fossil-fuel fired industrial and 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 continuous monitoring system for measurement of the opacity of emissions

discharged into the atmosphere from the control device.

J. For the purpose of reports required under excess emissions

reporting required by R18-2-310.01, the owner or operator

shall report all six-minute periods in which the opacity of any

plume or effluent exceeds 15%.

K. The test methods and procedures required by this Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A, as

incorporated by reference in Appendix 2 of this Chapter,

shall be used to determine compliance with the standards

as prescribed in this Section.

a. Method 1 for selection of sampling site and sample

traverses,

b. Method 3 for gas analysis to be used when applying

Reference Methods 5 and 6,

c. Method 5 for concentration of particulate matter and

the associated moisture content,

d. Method 6 for concentration of SO2.

2. For Method 5, Method 1 shall be used to select the 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 160°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 duct

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 accordance

with the applicable ASTM methods: D-2015-91 (Test for

Gross Calorific Value of Solid Fuel by the Adiabatic

Bomb Calorimeter) for solid fuels; D-240-87 (Test

Method for Heat of Combustion of Liquid Hydrocarbon

Fuels by Bomb Calorimeter) for liquid fuels; and D1826-88 (Test Method for Calorific Value of Gases in
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 97 Supp. 12-1

Natural Gas Range by Continuous Recording Calorimeter) for gaseous fuels. The rate of fuels burned during

each testing period shall be determined by suitable methods and shall be confirmed by a material balance over 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, effective 

February 15, 2001 (Supp. 01-1). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 

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 organic solvent emissions by good modern practices including but not

limited to the use of an adequately sized and properly maintained activated carbon absorber or other equally effective

control device.

B. No person shall operate any dry cleaning establishment using

petroleum solvents other than non-photochemically reactive

solvents without reducing solvent emissions by at least 90%.

For purposes of this subsection, a photochemically reactive

solvent shall be any solvent with an aggregate of more than

20% of its total volume composed of the chemical compounds

classified in subsections (B)(1) through (3), or which exceeds

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 more

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 level that fumes,

gas mist, odor, smoke, vapor or any combination thereof 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 outlet by the

owner or operator thereof to a degree that will adequately

dilute, reduce or eliminate the discharge of air pollution to the

adjoining property.

Historical ote

Section R18-2-725 renumbered from R18-2-525 effective 

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

R18-2-726. Standards of Performance for Sandblasting

Operations

No person shall cause or permit sandblasting or other 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 effective enclosures with necessary dust collecting equipment.

Historical ote

Section R18-2-726 renumbered from R18-2-526 effective 

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

R18-2-727. Standards of Performance for Spray Painting

Operations

A. No person shall conduct any spray paint operation without

minimizing organic solvent emissions. Such operations other

than architectural coating and spot painting, shall be conducted in an enclosed area equipped with controls containing

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 industrial or commercial purposes; or 

2. Thin or dilute any architectural coating with a photochemically reactive solvent.

C. For purposes of subsection (B), a photochemically reactive

solvent shall be any solvent with an aggregate of more than

20% of its total volume composed of the chemical compounds

classified in subsections (1) through (3), or which exceeds 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 more

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 structure into more

than one of the groups or organic compounds described 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 effective 

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

R18-2-728. Standards of Performance for Existing Ammonium Sulfide Manufacturing Plants

A. The provisions of this Section are applicable to the following

affected facilities in ammonium sulfide manufacturing plants:

sulfide unloading facilities, reactor-absorbers, bubble cap

scrubbers, and fume incinerators. 

B. No person shall cause, allow or permit to be emitted into the

atmosphere, from any type of incinerator or other outlet

smoke, fumes, gases, particulate matter or other gas-borne

material, the opacity of which exceeds 20%.

C. No person shall cause, allow or permit to be emitted into the

atmosphere from any emission point from any incinerator, or

to pass a convenient measuring point near such emission point,

particulate matter of concentrations in excess of 0.1 grain per

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

D. No person shall allow hydrogen sulfide to be emitted 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 level that fumes,

gas mist, odor, smoke, vapor or any combination thereof 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 outlet by the

owner or operator thereof to a degree that will adequately

dilute, reduce or eliminate the discharge of air pollution to

adjoining property.

F. The owner or operator of any ammonium sulfide tailgas incinerator subject to the provisions of this Section shall 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 mass or

volume of tailgas charged to the incinerator. The flow

measuring device shall have an accuracy of ± 5% over its

operating range.

2. Provide access to the tailgas charged so that a well-mixed

representative grab sample can be obtained.

G. The test methods and procedures required by this Section are

as follows:

1. The reference methods in 40 CFR 60, Appendix A shall

be used to determine compliance with the standards prescribed in 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 excess

air, using the integrated sample technique;

e. Method 11 shall be used to determine the concentration of H2S and Method 6 shall be used to determine

the concentration of SO2

.

2. For Method 5, the sampling time for each run shall be at

least 60 minutes and the minimum sample volume shall

be 0.85 dscm (30.0 dscf) except that shorter sampling

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% CO2

 by using the following formula:

C12 = 12c 

%CO2

where:

C12 = the concentration of particulate matter corrected to 12% CO2

,

c = the concentration of particulate matter as

measured by Method 5, and

%CO2= the percentage of CO2 as measured by

Method 3, or, when applicable, the adjusted outlet

CO2 percentage.

4. If Method 11 is used, the gases sampled shall be introduced into the sampling train at approximately atmospheric pressure. Where fuel gas lines are operating 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 without

a vacuum pump, the pump may be eliminated from the

sampling train. The sample shall be drawn from a point

near the centroid of the fuel gas line. The minimum sampling 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 sampling time

shall constitute one run. Samples shall be taken at

approximately one-hour intervals. For most fuel gases,

sample times exceeding 20 minutes may result in depletion of the collecting solution, although fuel gases 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 velocity

traverses and Method 2 for determining velocity and volumetric flow rate. The sampling site for determining CO2

concentration by Method 3 shall be the same as for determining volumetric flow rate by Method 2. The sampling

point in the duct for determining SO2 concentration by

Method 3 shall be at the centroid of the cross section if

the cross sectional area is less than 5 m2 (54 ft2) or at a

point no closer to the walls than 1 m (3.28 feet) if the

cross sectional area is 5 m2

 or more and the centroid is

more than 1 meter from the wall. The sample shall be

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-hour

intervals.

Historical ote

Section R18-2-728 renumbered from R18-2-528 effective 

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 emitted into the

atmosphere, from any type of incinerator, smoke, fumes,

gases, particulate matter or other gas-borne material which

exceeds 40% opacity.

C. No person shall cause, allow, or permit the discharge of particulate matter into the atmosphere in any one hour from any cotton gin 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 = 4.10P0.67

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 = 55.0P0.11-40

where “E” and “P” are defined as indicated in subsection (C)(1).

D. The test methods and procedures required by this Section are

as follows:

1. The reference methods in the Arizona Testing Manual

and 40 CFR 60, Appendix A shall be used to determine

compliance with this Section as follows:

a. Method A-2 for the measurement of particulate matter,

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 shall be

at least 60 minutes and the sampling rate shall be at least

0.85 dry standard cubic meters per hour (0.53 dry standard cubic feet per minute), except that shorter sampling

times, when necessitated by progress variables or other

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, effective 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 to standards

of performance under this Article or Article 9 or 11 of this

Chapter, shall cause or permit the emission of pollutants at

rates greater than the following:

1. For particulate matter discharged into the atmosphere in

any one hour from any unclassified process source in

total quantities in excess of the amounts calculated 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 = 4.10P0.67

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 pounds

per hour (30 tons per hour), the maximum allowable

emissions shall be determined by the following

equation:

E = 55.0P0.11-40

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 NO2 – 500 parts per million.

B. For purposes of this Section, the total process weight from all

similar units employing a similar type process shall be used in

determining the maximum allowable emission of particulate

matter.

C. Actual values shall be calculated from the applicable 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 pollution.

E. No person shall operate or use any machine, equipment, or

other contrivance for the treatment or processing of animal or

vegetable matter, separately or in combination, unless all gaseous vapors and gas entrained effluents from such operations,

equipment, or contrivance have been either:

1. Incinerated to destruction, as indicated by a temperature

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 constructed

or reconstructed thereafter; or

2. Passed through such other device which is designed,

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 compounds,

paints, acids, alkalies, pesticides, fertilizers and 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 available to

reduce effectively the contribution to air pollution from evaporation, leakage or discharge, the installation and use of such

control methods, devices, or equipment shall be mandatory.

G. Where a stack, vent or other outlet is at such a level that fumes,

gas mist, odor, smoke, vapor or any combination thereof 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 outlet by the

owner or operator thereof to a degree that will adequately

dilute, reduce or eliminate the discharge of air pollution to

adjoining property.

H. No person shall allow hydrogen sulfide to be emitted 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 from any stationary source carbon monoxide emissions without the use of

complete secondary combustion of waste gases generated by

any process source.

J. No person shall allow hydrogen cyanide to be emitted 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

0.3 parts per million by volume for any averaging period of

eight hours.

K. No person shall allow sodium cyanide dust or dust from any

other solid cyanide to be emitted 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 140 micrograms per

cubic meter for any averaging period of eight hours.

L. No owner or operator of a facility engaged in the surface coating of miscellaneous metal parts and products may operate 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) of 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 forced

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 applicator

that applies extreme performance coatings.

4. 3.0 pounds per gallon (0.36 kilograms per liter) of coating, excluding water, delivered to a coating applicator 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 emission limitation shall be applied.

. All VOC emissions from solvent washings shall be considered

in the emission limitations in subsection (L), unless the solvent

is directed into containers that prevent evaporation into the

atmosphere.

Historical ote

Renumbered from R18-2-530 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).

R18-2-731. Standards of Performance for Existing Municipal

Solid Waste Landfills

A. This Section applies to each municipal solid waste landfill

(MSW landfill) at which:

1. Construction, reconstruction, or modification began

before May 30, 1991; and 

2. Waste was accepted at any time since November 8, 1987,

or additional design capacity is available for future waste

deposition.
Supp. 12-1 Page 100 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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 facility in a

contiguous geographical space where household waste is

placed in or on land. An MSW landfill may also receive other

types of RCRA (Resource Conservation and Recovery Act)

Subtitle D wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator

waste, and industrial solid waste. Portions of an MSW landfill

may be separated by access roads. An MSW landfill may 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 by 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 the

reporting requirements of 40 CFR 60.757. The initial

design capacity report and initial NMOC emission rate

report shall be due 90 days after the effective date 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 Permit

Application Form not later than 12 months after it submitted or should have submitted a NMOC emission rate

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 requirements of 40

CFR 60.752(b)(2)(ii).

4. System installation. An MSW landfill that is required to

install a collection and control system shall complete

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 effective

date of this rule shall submit a design plan for the system

to the Director not later than 12 months after it submitted

or should have submitted an NMOC emission rate report

indicating emissions greater than 50 Mg per year.

Historical ote

Adopted effective April 4, 1997; filed with the Office of 

the Secretary of State March 14, 1997 (Supp. 97-1).

R18-2-732. Standards of Performance for Existing Hospital/

Medical/Infectious Waste Incinerators

A. This Section applies to any hospital/medical/infectious waste

incinerator (HMIWI) for which construction was commenced

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 subject to this Section:

1. An incinerator during periods when only pathological

waste, low-level radioactive waste, or chemotherapeutic

waste is burned, if the owner or operator of the incinerator 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 hospital waste, medical/infectious waste, and other fuels

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 Section

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 municipal waste

incinerators).

5. Any pyrolysis unit, as defined in 40 CFR 60.51c.

6. Cement kilns firing hospital waste or medical/infectious

waste.

B. A physical or operational change made to an existing HMIWI

unit solely for the purpose of complying with emission limitations under this Section is not considered a modification 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 60.51c, the

following definitions apply to this Section:

1. “Rural HMIWI” means any small HMIWI that is located

more than 50 miles from the boundary of the nearest

Standard Metropolitan Statistical Area and that burns less

than 2,000 pounds per week of hospital waste and medical/infectious waste. The 2,000 pounds per week limitation does not apply during performance tests.

2. “Standard Metropolitan Statistical Area” or “SMSA”

means any area listed in Office of Management and Budget (OMB) Bulletin 93-17 entitled “Revised Statistical

Definitions for Metropolitan Areas” dated June 30, 1993

which is incorporated by reference. This incorporation by

reference does not include any later amendments or editions. A copy of the bulletin is on file with the Office 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 HMIWI

built on or before June 20, 1996.

D. Beginning September 15, 2000, an HMIWI shall operate 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 HMIWI is

a rural HMIWI.

2. The emissions limitations in Table 2, if the HMIWI 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 that

HMIWI any gases that exhibit greater than 10% opacity

(6-minute block average).

4. An owner or operator of a large existing HMIWI shall

comply with the opacity requirements in 40 CFR 60.52c

(c), (d), and (e).

F. An owner or operator of an HMIWI shall comply with the

operator training requirements found in 40 CFR 60.53c 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 60.55c.

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 another party

to conduct an initial equipment inspection within one

year following approval of the State Plan.

2. At a minimum, an inspection shall include the following:

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 operation.

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 spots.

i. Inspect secondary/tertiary chamber and stack, clean

as necessary.

j. Inspect mechanical loader, including limit switches,

for proper operation, if applicable.

k. Visually inspect waste bed (grates), and repair or

seal, as appropriate.

l. For the burn cycle that follows the inspection, document that the incinerator is operating properly and

make any necessary adjustments.

m. Inspect each air pollution control device for proper

operation, if applicable.

n. Inspect waste heat boiler systems to ensure proper

operation, if applicable.

o. Inspect bypass stack components.

p. Ensure proper calibration of thermocouples, sorbent

feed systems and any other monitoring equipment.

q. Generally observe that the equipment is maintained

in good operating condition.

3. Within 10 operating days following an equipment inspection, the owner or operator shall complete all necessary

repairs unless the owner or operator obtains written

approval from the Director establishing a date by which

all necessary repairs of the facility shall be completed.

4. The owner or operator of any rural HMIWI shall conduct

or hire another party to conduct an equipment inspection

annually (no more than 12 months following the previous

annual equipment inspection), as outlined in subsections

(2) and (3).

I. An owner or operator of an HMIWI shall comply with the following compliance, performance testing, and monitoring

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 40

CFR 60.56c(a), (b)(1) through (b)(9), (b)(11) (Hg

only), and (c)(1). The 2,000 lb/week limitation

under 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 the

maximum charge rate or below the minimum secondary chamber temperature measured as three-hour

rolling averages (calculated each hour as the average

of the previous three operating hours) at all times

except during periods of startup, shutdown, and malfunction. Operating parameter limits do not apply

during performance tests. Operation above the maximum charge rate or below the minimum secondary

chamber temperature is a violation of the established

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 performance 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 violation under subsection (I)(2)(d).

3. The owner or operator shall comply with the monitoring

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 specifications),

maintain, and operate a device for measuring and

recording the temperature of the secondary chamber

on a continuous basis, the output of which shall be

recorded, at a minimum, once every minute throughout operation.

b. Install, calibrate (to manufacturer’s specifications),

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 the

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 with

the requirements listed in 40 CFR 60.58c(b), (c), (d), (e),

and (f), excluding 40 CFR 60.58c(b)(2)(ii) (fugitive emissions) and (b)(7) (siting).

2. An owner or operator of each rural HMIWI shall perform

all the following:

a. Maintain records of the annual equipment inspections, any required maintenance, and any repairs not

completed within 10 days after an inspection or the

time-frame established by the Director.

b. Submit an annual report to ADEQ, Air Quality Division. The report shall contain information recorded

under subsection (2)(a) and be submitted no later

than 60 days following the year in which data were
Supp. 12-1 Page 102 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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). Amended 

by final rulemaking at 13 A.A.R. 2157, effective August 

4, 2007 (Supp. 07-2).

R18-2-733. Incorporation of Federal Standards of Performance for Mercury Emissions from Coal-Fired Electric Steam

Generating Units

A. The provisions of 40 CFR §§ 60.4101-4176, subpart HHHH,

Emission Guidelines and Compliance Times for Coal-Fired

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 with the Department. The definitions of terms in 40 CFR § 60.4102 shall

apply to this Section. 

B. The introductory language preceding paragraph (1) in subsection 60.4142(c) is replaced with the following: “For 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, 2001, and

that have not been allocated allowances for that control period

pursuant to § 60.4141(b) in accordance with the following:”

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 Acquisition

Requirements for Coal-Fired Electric Steam Generating Units

A. The provisions of 40 CFR §§ 60.4102, 60.4154 and 60.4160,

as of July 1, 2006 (and no future amendments or editions) are

incorporated by reference and on file with the Department.

When the same term is defined in R18-2-701 and in 40 CFR §

60.4102, the definition of the term in 40 CFR § 60.4102 shall

apply to this Section. The following additional definitions

shall apply to this Section:

1. “Annual allocated allowances” for a control period 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 period

means the amount, if any, by which the total allocated

allowances for an existing electric generating plant for

the immediately preceding control period exceeded the

total Hg emissions in ounces per year from the plant 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 qualifies for

an exemption under R18-2-734(G) and (H).

4. “Total allocated allowances” for a control period means

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 2014, the

owner or operator of an existing electric generating 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; and

2. Twice the amount, if any, by which emissions for the preceding control period exceed the greater of the total allocated allowances or the compliant emission level for the

preceding control period.

C. Beginning in the control period for 2013, the owner or 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 period exceed

the greater of the total allocated allowances or the compliant

emission level.

D. The owner or operator of an existing electric steam generating

plant shall complete the transfer required by subsection (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 subsections (B)

and (C), the Department shall treat allowances as being

deducted from the compliance account for an existing plant in

the order prescribed by 40 CFR § 60.4154(c)(2), regardless of

any instructions provided to the Administrator under 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 Mercury

Emissions from Coal-Fired Electric Steam Generating Units

A. The requirements of this Section apply to owners and operators of electric generating units.

B. Except as provided in subsections (G) and (H), rolling 12-

month average mercury emissions from an electric generating

plant shall not exceed 10 percent of inlet mercury or 0.0087

pound per gigawatt-hour, whichever is greater. Mercury emissions from an electric generating unit, when averaged 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 following, and each

subsequent 12-calendar month period:

1. December 31, 2013; or

2. Twelve full calendar months after the electric generating

unit starts commercial operation.

C. The Director shall determine compliance with the emission

standards in subsection (B), the emission level established

under subsection (H)(7), and the emission limit established

under subsection (I) according to the method set forth at 40

CFR § 60.50a(h), as of July 1, 2006 (and no future amendments or editions), which is incorporated by reference 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 incorporated by reference and on file with the Department.

E. By January 1, 2008, the owner or operator of an electric generating plant that commenced construction before that date shall

submit an application for a significant permit revision under

R18-2-320 to incorporate the monitoring, recordkeeping and

reporting requirements of subsections (C) and (D) into the

plant’s permit.

F. By January 1, 2009, the owner or operator of an electric generating plant that commenced construction before that date shall

submit an application for a significant permit revision under
Arizona 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 and 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 standard in

subsection (B) according to the control strategy approved

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 pollution

control equipment, in a manner consistent with good air

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 notifies the

Department of the failure to comply with subsection (B)

and of the owner or operator’s intent to qualify for an

exemption under this subsection or subsection (H); and

5. Emissions of mercury from the electric generating plant

comply with subsection (B) by no later than December

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 standard in

subsection (B) according to the control strategy approved

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 pollution

control equipment, in a manner consistent with good air

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 notifies the

Department of the failure to comply with subsection (B)

and of the owner or operator’s intent to qualify for 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 containing 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 revision

under subsection (I), rolling 12-month mercury emissions

from the electric generating plant do not exceed the

greater of the following amounts as measured for the

plant during calendar year 2013:

a. The percentage of inlet mercury actually emitted

minus 10 percent of the percentage control achieved;

or

b. Actual mercury emissions in pounds per gigawatthour plus 10 percent.

I. A permit revision issued in response to an application submitted under subsection (H)(5) shall impose incremental best

available control technology. Beginning at the end of the 36th

full calendar month after the Department issues a permit 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 conducted

under R18-2-406 shall consider alternative technologies for

combustion of coal and coal-derived fuels. This subsection

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. 3058, 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. 3058, 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 cubic 

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 moved during the course of their utilization but are not classified 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 emitted into the

atmosphere from any off-road machinery, smoke for any

period greater than 10 consecutive seconds, the opacity 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, scrapers,

rollers, locomotives and other construction and mining

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 emitted into the atmosphere from any heater-planer operated for the purpose of reconstructing asphalt pavements smoke the opacity of which exceeds

20%. However three minutes’ upset time in any one hour 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 emitted into the

atmosphere from any roadway and site cleaning machinery

smoke or dust for any period greater than 10 consecutive seconds, the opacity of which exceeds 40%. Visible emissions

when starting cold equipment shall be exempt from this

requirement for the first 10 minutes.

B. In addition to complying with subsection (A), no person shall

cause, allow or permit the cleaning of any site, roadway, or

alley without taking reasonable precautions to prevent particulate matter from becoming airborne. Reasonable precautions

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 emitted 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 person shall

cause, allow or permit the operation of an asphalt or tar kettle

without minimizing air contaminant emissions by utilizing all

of the following control measures: 

1. The control of temperature recommended by the asphalt

or tar manufacturer; 

2. The operation of the kettle with lid closed except 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 gas 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 Stationary

Sources

Except as provided in R18-2-902 through R18-2-905, the following

subparts of 40 CFR 60, New Source Performance Standards

(NSPS), and all accompanying appendices, 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 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 D - Standards of Performance for Fossil-FuelFired Steam Generators for Which Construction is Commenced After August 17, 1971. 

3. Subpart Da - Standards of Performance for Electric Utility Steam Generating Units for Which Construction is

Commenced After September 18, 1978. 

4. Subpart Db - Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units. 

5. Subpart Dc - Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units.

6. Subpart E - Standards of Performance for Incinerators.

7. Subpart Ea - Standards of Performance for Municipal

Waste Combustors for Which Construction is Commenced after December 20, 1989 and on or Before September 20, 1994.

8. Subpart Eb - Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced after September 20, 1994 or for Which
Supp. 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 Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996.

10. Subpart F - Standards of Performance for Portland

Cement Plants. 

11. Subpart G - Standards of Performance for Nitric Acid

Plants. 

12. Subpart H - Standards of Performance for Sulfuric Acid

Plants. 

13. Subpart I - Standards of Performance for Hot Mix

Asphalt Facilities.

14. Subpart J - Standards of Performance for Petroleum

Refineries. 

15. Subpart K - Standards of Performance for Storage Vessels

for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11,

1973, and Prior to May 19, 1978. 

16. Subpart Ka - Standards of Performance for Storage 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 Volatile

Organic Liquid Storage Vessels (Including Petroleum

Liquid Storage Vessels) for Which Construction, Reconstruction, 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 Primary Emissions from Basic Oxygen Process Furnaces for Which

Construction is Commenced After June 11, 1973. 

21. Subpart Na - Standards of Performance for Secondary

Emissions from Basic Oxygen Process Steelmaking

Facilities for Which Construction is Commenced After

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 Primary Zinc

Smelters. 

25. Subpart R - Standards of Performance for Primary Lead

Smelters. 

26. Subpart S - Standards of Performance for Primary Aluminum Reduction Plants. 

27. Subpart T - Standards of Performance for Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. 

28. Subpart U - Standards of Performance for Phosphate Fertilizer Industry: Superphosphoric Acid Plants. 

29. Subpart V - Standards of Performance for Phosphate 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 Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage

Facilities.

32. Subpart Y - Standards of Performance for Coal Preparation Plants. 

33. Subpart Z - Standards of Performance for Ferroalloy 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 Surface Coating of Metal Furniture. 

40. Subpart GG - Standards of Performance for Stationary

Gas Turbines. 

41. Subpart HH - Standards of Performance for Lime Manufacturing Plants. 

42. Subpart KK - Standards of Performance for Lead-Acid

Battery Manufacturing Plants. 

43. Subpart LL - Standards of Performance for Metallic Mineral Processing Plants. 

44. Subpart MM - Standards of Performance for Automobile

and Light Duty Truck Surface Coating Operations. 

45. Subpart NN - Standards of Performance for Phosphate

Rock Plants. 

46. Subpart PP - Standards of Performance for Ammonium

Sulfate Manufacture. 

47. Subpart QQ - Standards of Performance for Graphic 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 Asphalt Processing and Asphalt Roofing Manufacture. 

52. Subpart VV - Standards of Performance for Equipment

Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry. 

53. Subpart WW - Standards of Performance for Beverage

Can Surface Coating Industry. 

54. Subpart XX - Standards of Performance for Bulk Gasoline Terminals. 

55. Subpart AAA - Standards of Performance for New Residential Wood Heaters.

56. Subpart BBB - Standards of Performance for Rubber Tire

Manufacturing Industry. 

57. Subpart DDD - Standards of Performance for Volatile

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 Equipment

Leaks of VOC in Petroleum Refineries. 

60. Subpart HHH - Standards of Performance for Synthetic

Fiber Production Facilities. 

61. Subpart III - Standards of Performance for Volatile

Organic Compound (VOC) Emissions from the Synthetic

Organic Chemical Manufacturing Industry (SOCMI) Air

Oxidation Unit Processes.

62. Subpart JJJ - Standards of Performance for Petroleum

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 Equipment

Leaks of VOC from Onshore Natural Gas Processing

Plants. 

64. Subpart LLL - Standards of Performance for Onshore

Natural Gas Processing; SO2 Emissions. 

65. Subpart NNN - Standards of Performance for Volatile

Organic Compound (VOC) Emissions From Synthetic

Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.

66. Subpart OOO - Standards of Performance for Nonmetallic Mineral Processing Plants. 

67. Subpart PPP - Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants. 

68. Subpart QQQ - Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems.

69. Subpart RRR - Standards of Performance for Volatile

Organic Compound Emissions From Synthetic Organic

Chemical Manufacturing Industry (SOCMI) Reactor Processes.

70. Subpart SSS - Standards of Performance for Magnetic

Tape Coating Facilities.

71. Subpart TTT - Standards of Performance for Industrial

Surface Coating: Surface Coating of Plastic Parts for

Business Machines.

72. Subpart UUU - Standards of Performance for Calciners

and Dryers in Mineral Industries.

73. Subpart VVV - Standards of Performance for Polymeric

Coating of Supporting Substrates Facilities.

74. Subpart WWW - Standards of Performance for Municipal

Solid Waste Landfills.

75. Subpart AAAA - Standards of Performance for Small

Municipal Waste Combustion Units for Which Construction Is Commenced after August 30, 1999, or for Which

Modification or Reconstruction Is Commenced after June

6, 2001.

76. Subpart CCCC - Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for

Which Construction Is Commenced after November 30,

1999, or for Which Modification or Reconstruction Is

Commenced on or after June 1, 2001.

77. Subpart EEEE - Standards of Performance for Other

Solid Waste Incineration Units for Which Construction is

Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After

June 16, 2006.

78. Subpart FFFF - Standards of Performance for Other 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). Section R18-2-901 renumbered to R18-2-1101, new Section 

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 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. 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, effective 

October 11, 2000 (Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 

02-2). Amended by final rulemaking at 10 A.A.R. 3281, 

effective September 27, 2004 (Supp. 04-3). Amended by 

final rulemaking at 11 A.A.R. 5504, effective February 4, 

2006 (Supp. 05-4). Amended by final rulemaking at 13 

A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).

R18-2-902. General Provisions

A. As used in 40 CFR 60: “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 alternative standards or work 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 pursuant

to this Article shall be submitted to the Arizona Department 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 deal 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 Section 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). Amended 

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 language

shall be substituted: 340 nanograms per joule heat input

(0.8 pounds per million Btu) derived from solid fossil

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 steam generator obtained an installation permit for two or more fuelburning equipment or steam-power generating installations before May 14, 1979, that permitted the installation

to comply with the sulfur dioxide emission standards

specified in R18-2-901 and this Section as if the equipment or installations were one emission discharge point:

a. The owner or operator shall comply with the applicable 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 permit

condition;

 c. No single fuel-burning equipment or steam-power

generating installation shall emit sulfur dioxide in

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 fuel-
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 installation 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). Amended 

effective May 28, 1982 (Supp. 82-3). Former Section R9-

3-903 renumbered without change as Section R18-2-903 

(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 metric tons

or 49.6 tons per day shall conform to the requirements 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 modification

after May 14, 1979, shall conform to the requirements of 40

CFR 60.52 through 60.54 and of R18-2-704(A). 

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective May 28, 1982 (Supp. 82-3). Former Section R9-

3-904 renumbered without change as Section R18-2-904 

(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 Vessels 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 equipped with a

submerged filling device or acceptable equivalent as

determined by the Director for the control of hydrocarbon

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 for 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 prevent

the release of organic contaminants into the atmosphere.

Historical ote

Adopted effective May 14, 1979 (Supp. 79-1). Amended 

effective May 28, 1982 (Supp. 82-3). Former Section R9-

3-905 renumbered without change as Section R18-2-905 

(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). Amended 

effective May 28, 1982 (Supp. 82-3). Former Section R9-

3-906 renumbered without change as Section R18-2-906 

(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). Former 

Section R9-3-910 renumbered without change as Section 

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). Former 

Section R9-3-913 renumbered without change as Section 

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). Former 

Section R9-3-922 renumbered without change as Section 

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 requires:

1. Abbreviations and symbols are as follows:

a. “A/F” means air/fuel,

b. “CO” means carbon monoxide.

c. “CO2

” 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

Department of Environmental Quality – Air Pollution Control

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 that is not

a biennial test.

3. “Apportioned vehicle” means a vehicle that is subject 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 fleet

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 of

employment located in area A; or

e. Parked, will be parked, or is the subject of a parking

permit application at an institution located in area 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 fleet

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 of

employment located in area B; or

e. Parked, will be parked, or is the subject of a parking

permit application at an institution located in area B

and subject to the requirements of A.R.S. §§ 15-

1444(C) or 15-1627(G).

8. “Biennial test” means the transient loaded emissions test

and evaporative system tests required under R18-2-

1006(E)(2), or the OBD test for area A vehicles under

R18-1006(E)(3).

9. “Calibration gas” means a gas with assigned concentrations of CO, hexane, or CO2

 that is used by a state inspector to check the accuracy of emissions analyzers.

10. “Certificate of compliance” means a serially numbered

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 numbered

document issued by the Director exempting a vehicle

from inspection that is not available within the state for

an inspection during the 90 days before the emissions

compliance expiration date.

12. “Certificate of inspection” means a serially numbered

document issued by the Director indicating that a vehicle

has been inspected under A.R.S. § 49-546 and has passed

inspection.

13. “Certificate of waiver” means a serially numbered document issued by the Department or a fleet inspector other

than an auto dealer licensed to sell used motor vehicles

under A.R.S. Title 28, indicating that the requirement of

passing reinspection has been waived for a vehicle under

A.R.S. § 49-542.

14. “Conditioning mode” means either a fast idle condition or

a loaded condition as defined in this Section.

15. “Constant 4-wheel drive vehicle” means any 4-wheel

drive vehicle that cannot be converted to 2-wheel drive

except by disconnecting one of the vehicle’s drive shafts.

16. “Constant volume sampler” means a system that dilutes

engine exhaust to be sampled with ambient air so that the

total combined flow rate of exhaust and dilution air 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 contract that

provides for the operation of one or more official emissions inspection stations.

18. “Curb idle test” means an exhaust emissions test conducted with the engine of the vehicle running at the 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 licensed by the

Arizona Department of Transportation as a new motor

vehicle dealer, used motor vehicle dealer, or motorcycle

dealer.

21. “Department” means the Department of Environmental

Quality.

22. “Director” means the Director of the Department of Environmental Quality.

23. “Director’s certificate” means a serially numbered document issued by the Director in certain circumstances 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 that uses

electricity as the means of propulsion and does not

require the combustion of fossil fuel within the confines

of the vehicle to generate electricity.

25. “Emissions compliance expiration date” means:

a. Each registration expiration date for a vehicle subject to an annual test; and

b. The registration expiration date in the second year

after the initial biennial test required under this Article or R18-2-1005(B) for a vehicle subject to a biennial test.

26. “Emissions inspection station permit” means a certificate

issued by the Director authorizing the holder to perform

vehicle emissions inspections under this Article.

27. “Exhaust emissions” means products of combustion emitted into the atmosphere from any opening in the exhaust

system downstream of the exhaust ports of a motor vehicle 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 procedure in a

vehicle emissions testing system that logically determines

whether a vehicle will pass or fail the transient loaded

emissions test under R18-2-1006(E)(2) before the test is

over.

31. “Fleet emissions inspection station” or “fleet station”

means any vehicle emissions inspection facility operated

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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

33. “Four-stroke vehicle” means a vehicle equipped with an

engine that requires two revolutions of the crankshaft for

each piston power stroke.

34. “Golf cart” means a motor vehicle that has not less than

three wheels in contact with the ground, has an unladen

weight less than 1,300 pounds, is designed to be and is

operated at not more than 15 MPH, and is designed to

carry golf equipment and persons.

35. “Government vehicle” means a registered motor vehicle

exempt from the payment of a registration fee, or a federally owned or leased vehicle.

36. “Gross vehicle weight rating” (GVWR) means the maximum vehicle weight that a vehicle is designed for as

established by the manufacturer.

37. “Inspection” means the mandatory vehicle emissions

inspection including the tampering inspection.

38. “Inspection sticker” means a self-adhesive, serially numbered rectangular sticker indicating a government vehicle

has met Arizona emissions inspection requirements.

39. “Loaded condition” means to condition a vehicle by running the vehicle on a chassis dynamometer at a specified

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 of a

vehicle’s exhaust in mass units such as grams.

42. “Model year” means the date of manufacture of the 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, that a particular gas occupies in a mixture of gases at a uniform

temperature.

44. “Motorcycle” means a motor vehicle, other than a tractor,

having a seat or saddle for use of the rider and designed to

travel on not more than three wheels in contact with 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 an inspection facility, other than a fleet emissions inspection 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 inspections under

A.R.S. § 49-542.

48. “On-board diagnostics test” means a method of emissions

testing using the on-board computer systems of a 1996 or

newer vehicle, to diagnose and report on the status of the

engine’s emissions systems by connecting a scan tool to

the vehicle’s data link connector.

49. “Opacity” means the degree of absorption of transmitted

light.

50. “Operational air pump” means an air injection system to

supply additional air into the exhaust system to promote

further oxidation of HC and CO gases and to assist in catalytic reaction.

51. “Person” means the federal government, state, or any federal or state agency or institution, any municipality, political subdivision, public or private corporation, individual,

partnership, association, or other entity, and includes any

officer or governing or managing body of any municipality, political subdivision, or public or private corporation.

52. “Reconditioned OEM catalytic converter” or “reconditioned OEM converter” means a used OEM reconditioned equivalent or an OEM converter that has had the

pellets replaced with new or used OEM equivalent pellets

and that also meets the standards under 40 CFR 86.

53. “Recognized repair facility” means a business with an

Arizona transaction privilege tax license whose primary

purpose is vehicle repair, and who has at least one

employee with a nationally recognized certification for

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 registration card or Arizona certificate of title reserved

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 title,

and the original manufacturer of the complete vehicle cannot be identified from the body.

55. “Standard gases” means gases maintained as a primary

standard for determining the composition of working

gases, calibration gases, or the accuracy of an emissions

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 inspection station operated by a contractor.

58. “Tampering” means removing, defeating, or altering an

emissions control device that was installed on a vehicle at

the time the vehicle was manufactured. For the purposes

of this Article, defeating includes failure to repair any

malfunctioning emission control system or device.

59. “Two-stroke vehicle” means a vehicle equipped with an

engine that requires one revolution of the crankshaft for

each power stroke.

60. “Unloaded fast idle test” means an exhaust emissions test

conducted with the engine of the vehicle running at 2,500

RPM.

61. “Vehicle” means any automobile, truck, truck tractor,

motor bus, or self-propelled or motor-driven vehicle 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 individual who is

licensed by the Director to perform vehicle emissions

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 R9-

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

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 111 Supp. 12-1

Amended by final rulemaking at 8 A.A.R. 90, effective 

January 1, 2002 (Supp. 01-4).

R18-2-1002. Reserved

R18-2-1003. Vehicles to be Inspected by the Mandatory Vehicle Emissions Inspection Program

A. The following vehicles shall be inspected according to this

Article at a state station or a fleet station unless 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 area 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 permanent

and actual residence. A post office box address listed on a

title or registration document under A.R.S. § 28-2051(C)

is not evidence of the owner’s permanent and actual residence;

2. Each vehicle delivered to a retail purchaser by a dealer

licensed to sell used motor vehicles for highway use

under A.R.S. Title 28 and whose place of business is

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 inspection

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 requirements

under this Article within 15 calendar days of returning to

Arizona.

B. The following vehicles are exempt from the inspection

requirements of this Article:

1. A vehicle manufactured in or before the 1966 model year;

2. A vehicle leased to a person residing outside area A and

area B by a leasing company whose place of business is

in area A or area B, except as provided in subsection

(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 name 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 area

B;

9. A vehicle for which a current certificate of exemption 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 four

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 owner

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 and not

exempted by this Article shall be emissions inspected 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 days 

(Supp. 81-1). Former Section R9-3-1003 as amended 

effective January 3, 1979 and 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 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, effective 

December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 2722, effective June 28, 2000 (Supp. 

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 required to be

inspected under R18-2-1003, shall be inspected at the following times:

1. For a vehicle not covered by a fleet station permit, within

90 days before each registration expiration date;

2. For a vehicle sold by a dealer licensed to sell used motor

vehicles under A.R.S. Title 28, whose place of business 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 dealer

licensed to sell used motor vehicles under A.R.S. Title 28

whose place of business is located in area A or area B,

before delivery of the vehicle to the retail purchaser. The

consignment vehicle shall be inspected at a state station

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 to
Supp. 12-1 Page 112 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

testing, and then annually on or before the anniversary date of the previous inspection and;

c. A vehicle is subject to testing on the anniversary of

its date of acquisition;

5. For a vehicle owned by or leased to a person having a

valid fleet station permit, at least once within each

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 registration 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 institution

located in area A or area B and annually thereafter; and

9. For a vehicle issued a certificate of exemption under R18-

2-1023, within 15 calendar days after returning to Arizona, unless an official emissions inspection document

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 permit, within

90 days before the vehicle’s emissions compliance expiration 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 the

anniversary date of the previous inspection; and

c. The vehicle becomes subject to testing on the anniversary of its date of acquisition;

3. For a vehicle owned by or leased to a person having a

valid fleet station permit, at least once within each 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 located in

area A, upon vehicle registration and biennially thereafter;

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 located 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 thereafter

and;

7. For a vehicle issued a certificate of exemption under R18-

2-1023, within 15 calendar days after returning to Arizona, unless an official emissions inspection document

indicating compliance with the emissions requirements

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 R18-2-

1003(B).

D. An area B vehicle being registered in area A is subject to the

appropriate annual or biennial test from area A before registration even if the emissions compliance period for area 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 calendar 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 requirements

by the registration deadline, except that a motor vehicle that

fails the initial or subsequent test shall not be subject to a penalty fee for late registration renewal if:

1. The initial test is accomplished before the emissions compliance expiration date, and

2. The registration renewal is received by MVD within 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 emissions inspection more than 90 days before the emissions compliance expiration date but the inspection does not satisfy the registration

or reregistration testing requirement under R18-2-1003.

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 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 

81-2). Former Section R9-3-1005 as amended effective 

February 20, 1980 and 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 effective January 1, 1987, filed 

December 31, 1986 (Supp. 86-6). Former Section R9-3-

1005 renumbered as Section R18-2-1005 and subsections 

(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, effective 

December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 

01-4).

R18-2-1006. Emissions Test Procedures

A. Each vehicle inspected at a state station shall be visually

inspected before the emissions test for the following unsafe or

untestable conditions:

1. A fuel leak that causes wetness or pooling of fuel;

2. A continuous engine or transmission oil leak onto the

floor;

3. A continuous engine coolant leak onto the floor such that

the engine is overheating or may overheat within a short

time;

4. A vehicle with a tire on a driving wheel with less than 2/

32-inch tread, with metal protuberances, unmatched tire

size, with obviously low tire pressure as determined by

visual inspection, or any other condition that precludes a

loaded test for reasons of personnel, equipment, or vehicle safety; 

5. An exhaust pipe that does not exit the rear or side of the

vehicle to allow for safe exhaust probe insertion;
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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 attachment

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 by the

inspector, including loud internal engine noise or an obvious exhaust leak.

B. A vehicle emissions inspection shall not be performed by an

official emissions inspection station on any vehicle towing a

heavily loaded trailer, carrying a heavy load, loaded with

explosives, or loaded with any hazardous material not 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. The state station shall not charge a fee if the vehicle is rejected. The contractor shall not conduct an emissions test on a vehicle rejected

for a safety reason or any other untestable condition 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 presented,

unless rejected under subsection (A), (B), or (C). The

vehicle’s engine shall be operating at normal temperature

and not be overheating as indicated by a gauge, warning

light, or boiling radiator. All of the vehicle’s accessories

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 vehicles, as

defined in A.R.S. § 43-1086. The inspector shall test the

alternative fuel vehicle on each fuel for which it is

intended to operate, using the appropriate emissions test

procedure and standards for that vehicle. The alternative

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 natural 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 vehicle other

than a diesel-powered vehicle or a vehicle held for resale by a

fleet-licensed motor vehicle dealer shall consist of the following:

1. A vehicle manufactured with a model year of 1967

through 1980, a nonexempt vehicle with a GVWR greater

than 8,500 pounds, and a reconstructed vehicle, except 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 shall

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 higher

gear for manual transmission. Overdrive shall not be

used for testing. All vehicles shall be driven by the

inspector during testing. 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 for 1981 and newer vehicles. For

1980 and older vehicles, the test shall be performed

in neutral, except that if the vehicle has an automatic

transmission, drive shall be used. 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 CO2

 plus CO reading of 6% or

greater shall be registered to establish test validity. A

CO2

 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 GVWR

of 8,500 pounds or less, except a motorcycle, a reconstructed vehicle, a 1996 or newer OBD-equipped vehicle

or a constant 4-wheel drive vehicle, is required to biennially take and pass a transient loaded emissions test 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 driven

by an inspector through a computer-monitored driving cycle on a dynamometer with inertial weight settings appropriate for the weight of the vehicle. The

driving cycle shall include the acceleration, deceleration, 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 determined 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 transmissions.

Exhaust emissions concentrations in grams per mile

for HC, CO, NOx and CO2

 shall be recorded continuously beginning with the first second. The inspector shall reject a vehicle with an audible or visible

exhaust leak from emissions testing.

b. The evaporative system pressure test shall consist 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 evaporative system, and monitor pressure decay for no

more than two minutes.
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Department of Environmental Quality – Air Pollution Control

c. For a vehicle requiring a transient loaded emissions

test under subsection (E)(2)(a), all testing and test

equipment shall conform to “IM240 & Evap Technical Guidance,” EPA420-R-98-010, EPA, August

1998, incorporated by reference, and no future editions or amendments, except that the transient driving 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 GVWR

of 8500 pounds or less, except a motorcycle or a reconstructed vehicle, is required to biennially take and 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 as

Part 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 National

Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI, 48105-2498; and

c. The functional gas cap test shall comply with subsection (E)(7)(a).

4. A motorcycle, or a constant 4-wheel drive vehicle except

one requiring an OBD emissions test under subsection

(E)(3), shall take and pass only a curb idle test according

to subsection (F)(1). An all-terrain vehicle (ATV), as

defined in A.R.S. § 28-101, shall be tested as a motorcycle.

5. A vehicle with a 1975 or newer model year is required to

take and pass a liquid fuel leak inspection annually or

biennially according to subsections (E)(1) or (2) as 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 fuel

on, around, or under a component of a vehicle’s fuel

delivery, metering, or evaporation system.

b. With the engine running, the vehicle emissions

inspector shall visually inspect the following components of the vehicle, if they are exposed and visually 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 emissions inspector is not required to perform any

disassembly of the vehicle to inspect for liquid fuel

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 liquid

fuel leak.

e. Nothing in this subsection shall prohibit a vehicle

emissions inspector from refusing to inspect a vehicle under subsections (A), (B), or (C) or from terminating an inspection if a liquid fuel leak presents a

safety hazard.

f. A vehicle operated exclusively by compressed natural 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 vehicle tested

under subsection (E) shall be made as follows:

a. A vehicle tested under subsection (E)(1), that does

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 Table

2 apply to a fleet vehicle tested with the 2,500 RPM

unloaded fast idle test under R18-2-1019(E).

b. A vehicle tested under subsection (E)(2) shall meet

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 the

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 vehicle

fails 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 of

water. 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 with

HC emissions standards if the HC emissions value

does 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, or

ii. 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 idle

mode HC and CO emissions standards listed in
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Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 115 Supp. 12-1

Table 2 on either the first curb idle test or the second

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, engine

off 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 number

of 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 fail

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 described

in subsection (E)(3), fails the emissions test and

shall not be reinspected until a low-emissions tuneup 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 reinspected 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 required in

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 test in area

A shall, at the time of the test, undergo a tampering

inspection based on the original configuration of the vehicle as manufactured. The applicable emissions system

requirements shall be verified by the “VEHICLE EMISSION CONTROL INFORMATION” label. A vehicle

that fails any portion of the tampering inspection shall be

repaired according to R18-2-1009 before reinspection

unless the owner provides the written statement required

in R18-2-1008(B). “Original configuration” for a foreignmanufactured vehicle means the design and construction

of a vehicle produced by the manufacturer for original

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 with

a 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 presence

and 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 vehicle other

than a diesel-powered vehicle shall consist of the following:

1. An area B vehicle with a model year of 1967 through

1980 shall take and pass only a curb idle test. The curb

idle test shall be performed with the vehicle in drive for

automatic transmissions or in neutral for manual transmissions. 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 30 seconds, whichever

occurs first. A CO2

 plus CO reading of 6% or greater

shall be registered to establish test validity. A CO2 plus

CO reading 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. If the vehicle fails the

curb idle test, and if permitted by the vehicle operator, the

vehicle shall be conditioned according to one of the following conditioning procedures:

a. Fast-idle conditioning procedure. The vehicle shall

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 second 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 following occurs:

i. The vehicle has a tire on a driving wheel with

less 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 to

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 other

than 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-
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Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

mission, or second or higher gear for manual transmission. All front wheel drive vehicles shall be

driven by the inspector. 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, engine speed shall be returned to curb idle

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 vehicle, or

a 1996 and newer vehicle equipped with OBD, shall take

and pass a loaded cruise test and curb idle test, as follows:

a. Loaded Cruise Test. 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

transmission or second or higher gear for manual

transmission. Overdrive shall not be used. All front

wheel drive vehicles shall be driven by the inspector.

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 CO2

plus CO reading of 6% or greater shall be registered

to establish test validity, except when tested at a fleet

inspection station. A CO2

 plus CO reading less than

6% shall be proof of exhaust sample dilution and the

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 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 as

Part 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 National

Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI, 48105-2498; and

c. The functional gas cap test shall comply with subsection (F)(7)(a).

4. A motorcycle or a constant 4-wheel drive vehicle, except

one requiring an OBD emissions test under subsection

(F)(3), shall take and pass only a curb idle test according

to subsection (F)(1). An all-terrain vehicle (ATV), as

defined in A.R.S. § 28-101, shall be tested as a motorcycle. If the vehicle fails the curb idle test, and if permitted

by the vehicle operator, the vehicle shall be conditioned

according to the fast idle conditioning procedure required

in subsection (F)(1)(a). Following conditioning, the vehicle shall be retested according to the curb idle test procedure in subsection (F)(1).

5. A vehicle with a 1975 or newer model year and annually

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 made 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 minimum 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 in

Table 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 with

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 subsection (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 idle

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 subsection (F)(3), fails the emissions test and shall have a

low emissions tune-up as described in R18-2-1010

before 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, engine

off 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, excluding
Arizona 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 number

of 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 fail

the inspection if a vehicle emissions inspector

detects a liquid fuel leak. A vehicle that fails the 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 of the test,

undergo a tampering inspection based on the original

configuration of the vehicle as manufactured. The applicable emissions system requirements shall be verified by

the “VEHICLE EMISSION CONTROL INFORMATION” label. A vehicle that fails any portion of the tampering inspection shall be repaired according to R18-2-

1009 before reinspection unless the owner provides the

written statement required in R18-2-1008(B). “Original

configuration” for a foreign manufactured vehicle means

the design and construction of a vehicle produced by the

manufacturer for original 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 with

a non-sealing gas cap shall be checked for the presence of a properly fitting gas cap.

b. For a 1975 or newer model year vehicle:

i. A visual inspection to determine the presence

and 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 water

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, shall

be 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 exhaust

pipe 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 replaced with

a gas engine shall be inspected as a gas-powered vehicle

of the same vehicle model year. The vehicle shall not 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 operating condition.

H. In area A, the inspection test procedure for a diesel-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 editions or

amendments. A copy of this referenced material may be

obtained at Society of Automotive Engineers, 400 Commonwealth Dr., Warrendale, PA 15096-0001. The procedure shall utilize the corrections for ambient test

conditions in Appendix B of J1667 for all tests. The test

results shall be reported as the percentage of smoke opacity. Emissions pass-fail determinations are as follows:

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 is

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 the

engine manufacturer demonstrates either of the following:

i. The engine family exhibits smoke opacity

greater than the standard when in good operating condition and adjusted to the manufacturer’s specifications. The Director shall

identify a technologically appropriate less stringent standard based on a review of data

obtained from engines in good operating condition and adjusted to manufacturer’s specifications; or

ii. 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; and
Supp. 12-1 Page 118 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

f. A demonstration under subsection (H)(1)(e)(i) shall

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 practicable

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 by

applying a single load of between 6.4 - 8.4 HP while

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 made

as follows:

i. The opacity reading for a period of 10 consecutive seconds with the engine under applicable

loading 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 taken

from 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 diesel-powered

vehicle is as follows:

1. A diesel-powered vehicle with a GVWR greater than

26,000 pounds or having tandem axles shall be tested

according to one of the following methods:

a. The vehicle shall be tested on a chassis dynamometer 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 automatic 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 the

engine 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 the

kickdown speed or 80% of the governed speed,

whichever is greater. If the chassis dynamometer

does not 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. If a chassis dynamometer is not available, the vehicle shall be tested by being lugged by its 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.

2. A diesel-powered vehicle without tandem axles and having a GVWR greater than 10,500 pounds and less than or

equal to 26,000 pounds shall be tested according to one of

the following methods:

a. The vehicle shall be tested on a chassis dynamometer 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 automatic 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 the

engine 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 the

kickdown speed or 80% of governed speed, whichever is greater. If the chassis dynamometer does not

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 its

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 pounds

shall be tested by a loaded dynamometer test by applying

a single load of 30 HP, ± 2 HP, while operated at 50 MPH.

4. A diesel-powered vehicle with a GVWR of 4,000 pounds

or less shall be tested by a loaded dynamometer test by

applying a single load of between 6.4 - 8.4 HP while

operated at 30 MPH.

5. The emissions pass-fail determination shall be performed:

a. The opacity reading during a period of 10 consecutive seconds with the engine under applicable loading specified in subsections (I)(1) through (4) shall

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

Department of Environmental Quality – Air Pollution Control

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-up

as described in R18-2-1010.

6. Exhaust sampling shall comply with the following:

a. For a diesel-powered vehicle equipped with multiple

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-flow

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 tampering 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, 1981 

pursuant to A.R.S. § 41-1003, valid for only 90 days 

(Supp. 81-1). Former Section R9-3-1006 as amended 

effective February 20, 1980 repealed and a new Section 

R9-3-1006 adopted as an emergency effective January 2, 

1981 now adopted and amended effective April 15, 1981 

(Supp. 81-2). Amended effective January 1, 1986 (Supp. 

85-6). Amended effective January 1, 1987, filed December 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, effective 

December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 2722, effective June 28, 2000 (Supp. 

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, 2008 

(Supp. 08-3).

R18-2-1007. Evidence of Meeting State Inspection Requirements

A. Vehicles required to be inspected under this Article shall pass

inspection before registration by meeting the requirements 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 vehicle complies with the requirements of this Article.

C. If the MVD motor vehicles emissions database is not available, the MVD or its agent shall accept any of the following

documents, when complete, unaltered, and dated no more than

90 days before registration expiration date, as evidence that a

vehicle complies with the requirements of this Article unless

the MVD or its agent has reason to believe it is false. Documents accompanying a late registration may be dated subsequent to the registration expiration date:

1. Certificate of compliance, 

2. Certificate of waiver (except from auto dealers licensed

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 report with

“PASS” in the final results block. 

D. A complete certificate of inspection dated within 12 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 with the

requirements of this Article unless the MVD or its agent has

reason to believe it is false. A certificate corrected 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 requirements 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). Former 

Section 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 rulemaking 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 Waiver

A. Unless prohibited under subsection (C), (D), or (E), a certificate of waiver shall be issued subsequent to reinspection by a

state inspector at a state or Department station to a vehicle that

failed the emissions inspection or the emissions and tampering

inspections when it is determined by repair receipts, emissions

test results, evidence of repairs performed, underhood verification, or similar evidence that the requirements of R18-2-1009

and R18-2-1010 have been met, or for emissions failures only,

any further repairs within the repair cost limit would be ineffective. A waiver may be denied if a waiver request is based

upon repair estimates and the state inspector demonstrates 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 obtained from any

usual source of supply, and if all requirements of R18-2-

1008(A) have been met. All written statements are subject to

verification for authenticity and accuracy by the Department.

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 device necessary to repair the tampering is available. Certificates of waiver

for tampered vehicles may be issued conditionally for a specified period, not to exceed 90 days, that allows sufficient time

for the procurement and installation of a proper emissions control device. A receipt or bill from a vehicle repair facility or

automobile parts store shall be an acceptable proof of purchase. Before the end of the specified time period, the vehicle

owner shall present to the Director proof of purchase and
Supp. 12-1 Page 120 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

installation of the device. The Department shall track all

issued conditional certificates of waiver and if no proof of purchase and installation is received before the end of 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 converter 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 converter.

D. The Director shall not issue a waiver to a vehicle failing the

emission test with an HC, CO, NOx, or opacity emission level

greater than two times the pass-fail standard in R18-2-1006,

unless the vehicle is repaired so that each emission 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 Section 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 Section. The fee

shall be payable directly to the Department of Environmental

Quality at the time the certificate of waiver is issued.

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). 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 days (Supp. 81-1). Former Section R9-

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). Amended 

effective January 1, 1986 (Supp. 85-6). Amended subsection (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, effective 

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

R18-2-1009. Tampering Repair Requirements

A. If a vehicle fails the visual inspection for properly installed

catalytic converters, the converters shall be replaced with new

or reconditioned OEM converters or equivalent new aftermarket converters. The Department shall provide names of acceptable aftermarket converters at the time of inspection 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 shall be

replaced with one that meets those specifications. If a vehicle

designed with a vented system fails a visual inspection for the

presence of a gas cap, a properly fitting gas cap shall be

installed on the vehicle.

C. If a vehicle fails the visual inspection for the presence 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 presence or malfunction of the positive crankcase ventilation system, the system shall be repaired or replaced with OEM or equivalent

aftermarket parts.

E. If a vehicle fails the visual inspection for the presence or malfunction of the evaporative control system, the system 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). New 

Section R9-3-1009 adopted effective January 1, 1986

(Supp. 85-6). Amended effective January 1, 1987, filed 

December 31, 1986 (Supp. 86-6). Former Section R9-3-

1009 renumbered without change as Section R18-2-1009 

(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, effective 

January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 

08-3).

R18-2-1010. Low Emissions Tune-up, Emissions and Evaporative System Repair

A. A low emissions tune-up on a nondiesel-powered vehicle consists of the following procedures:

1. Emissions Failure Diagnosis. For a computer-controlled

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 compatible scan tool shall be used to access and record 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, and

d. A HC/CO NDIR analyzer to make final A/F adjustments, if specified by the manufacturer. 

2. Adjustment. All adjustments shall be made according to

the manufacturer’s specifications and procedures. Final

adjustment shall be made on the vehicle engine only after

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 restricted

air intake system shall be replaced or repaired as

required.

4. Dwell and Basic Timing Check. Dwell and basic engine

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 by 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 shall be

inspected for leaks, obstruction, and proper routing and

connection. Repair or replace as required.

7. Perform a visual inspection for leaking fuel lines 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 the vehicle is equipped with a fuel injection system or an alternate
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

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 performed on

the vehicle.

C. If the maximum required repair cost in subsection (F) or (G) is

not exceeded after a low emissions tune-up described 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 checked: 

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, carburetor

base gasket, EGR, and vacuum-operated components.

b. The items in subsection (C)(2)(a) shall be repaired

or replaced as required.

3. NOx failure.

a. If a vehicle fails NOx, the vehicle shall be checked

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 repaired

or replaced as required.

4. OBD failure. If the vehicle fails the OBD test, the vehicle

shall be repaired for the items indicated on the Vehicle

Emissions Report as causing the failure. If the failure

results from Diagnostic Trouble Codes (DTCs) that

caused the Malfunction Indicator Lamp (MIL) to be illuminated, the components or systems causing the DTCs

shall be repaired or replaced. After repair of a DTC failure, and before reinspection, the vehicle shall be operated

under conditions recommended by the vehicle manufacturer for the OBD computer to evaluate the repaired system.

D. For Evaporative System Failures, the following procedures

apply:

1. If a vehicle fails the evaporative system pressure test, the

vehicle shall be checked for leaking or disconnected

vapor hoses, line, gas cap, and fuel tank. 

2. If a vehicle fails a visual inspection of the evaporative

system, the vehicle shall be checked for a missing or

damaged canister, canister electrical and vacuum control

circuits and components, disconnected, damaged, misrouted or plugged hoses, and damaged or missing purge

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 delivery,

metering, or evaporation system components including 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 tandem

axles: $500; and

2. For a vehicle that is not a diesel-powered vehicle with a

GVWR greater than 26,000 pounds and is not a dieselpowered 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: $450.

3. Subsection (F) does not prevent a vehicle owner from

authorizing or performing more than the required repairs.

A vehicle operator who has a vehicle reinspected shall

have the repair receipts available when requesting a certificate of waiver.

G. The maximum required repair cost for vehicles in area 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 tandem

axles: $300; and

2. For a vehicle that is not a diesel-powered vehicle with a

GVWR greater than 26,000 pounds and is not a dieselpowered 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: $300.

3. Subsection (G) does not prevent a vehicle owner from

authorizing or performing more than the required repairs.

A vehicle operator who has a vehicle reinspected shall

have the repair receipts available when requesting a certificate of waiver.
Supp. 12-1 Page 122 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 manufacturer’s specifications. Adjust as required.

3. Check for fuel injector fouling, leaking, or mismatch.

Repair or replace as required.

4. Check fuel pump and A/F ratio control according to manufacturer’s specifications. Adjust as required.

5. If the vehicle fails the J1667 procedure, check smokelimiting devices, if any, including the aneroid valve 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). If the operator

of a vehicle within the age and mileage coverage of section

207(b) of the Clean Air Act presents a written denial of warranty coverage from the manufacturer or authorized dealer,

warranty coverage is not considered available under this subsection.

Historical ote

Adopted effective January 13, 1976 (Supp. 76-1). Former 

Section R9-3-1010 repealed, new Section R9-3-1010 

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 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 days (Supp. 81-1). Former Section R9-

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). Amended 

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 November 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, effective 

January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 

08-3).

R18-2-1011. Vehicle Inspection Report

A. A vehicle inspected at a state station shall be provided a

uniquely numbered vehicle inspection report of a design

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, truncated;

8. Emissions standards for idle and loaded cruise modes, if

applicable;

9. Emissions measurements during idle and loaded cruise

modes, if applicable;

10. Opacity measurements and standards, if applicable;

11. Emissions standards and measurements for the transient

loaded test, and the evaporative system pressure test, if

applicable;

12. Results of OBD test including all diagnostic trouble

codes that commanded the illumination of the malfunction 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 business 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 inspection is

a reinspection;

24. Inspection station, lane locators; and

25. Test number and time of test.

B. A vehicle failing the initial inspection shall receive an inspection report supplement approved by the Department containing, at a minimum, the following:

1. Diagnostic and tampering information including acceptable replacement units, and 

2. Applicable maximum repair costs. 

C. The inspection report shall provide a 3-inch by 5-inch tear-out

section that may be used as a certificate of compliance for

vehicles passing the inspection or as a certificate of waiver, if

applicable.

1. The tear-out section shall be a certificate of compliance

when the word “compliance” appears in the appropriate

location on the printout. 

2. The tear-out section shall be a certificate of waiver when

the word “waiver” appears in the appropriate location on

the printout. 

3. The tear-out section shall contain all of the following

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 submitted to the

Arizona Department of Transportation Motor Vehicle Division

as evidence of meeting the requirements of this Article.

Historical ote

Adopted effective January 13, 1976 (Supp. 76-1). Former 

Section R9-3-1011 repealed, new Section R9-3-1011 

adopted 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 days (Supp. 81-1). Former 

Section R9-3-1011 as amended effective January 3, 1979, 

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

Department of Environmental Quality – Air Pollution Control

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, effective 

January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 

08-3).

R18-2-1012. Inspection Procedures and Fee

A. A vehicle that is inspected by a state station must be accompanied by a document such as a registration renewal notice, registration, certificate of title, or bill of sale that 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 station shall be

specified in the contract between the contractor and the state of

Arizona according to A.R.S. § 49-543, and shall include the

full cost of the vehicle emissions inspection program including

administration, implementation, and enforcement. Each 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 cost of the

inspection shall be retained by the contractor. The amount collected to defray the cost of the administration, implementation,

and enforcement of the vehicle emissions inspection program

shall be remitted to the Department. Amounts collected shall

be recorded and reported to the Department monthly. The contractor shall submit to the state of Arizona on a monthly basis,

by the 10th day of each month, a report showing the number of

inspections performed and the amount of fees collected.

D. Each subsequent inspection, if needed, shall be treated by the

state and the contractor in the same manner as an initial

inspection and reinspection, providing for a free reinspection

according to R18-2-1013, if needed, following a paid 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). Former 

Section R9-3-1012 repealed, new Section R9-3-1012 

adopted 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 days (Supp. 81-1). Former 

Section R9-3-1012 as amended effective January 3, 1979, 

and amended as an emergency effective January 2, 1981, 

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, 1986 

(Supp. 85-6). Former Section R9-3-1012 renumbered as 

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, effective 

January 1, 2002 (Supp. 01-4).

R18-2-1013. Reinspections

A. A vehicle failing the initial inspection or any subsequent paid

inspection is entitled to one reinspection at no additional

charge under the following conditions:

1. The vehicle is presented for inspection within 60 calendar

days of the initial or any subsequent paid inspection, if

the vehicle operator presents the vehicle inspection report

from the previous inspection, indicating the itemization

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 inspection 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 facility 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 portion of the

inspection the vehicle failed on the previous test to determine

if the repairs are effective. To the extent that repair to correct a

previous failure could cause failure of another portion of the

test, that portion shall also be retested. Evaporative system

repairs shall trigger an exhaust emissions retest.

C. A vehicle failing the reinspection shall be provided a vehicle

inspection report and a vehicle inspection report supplement.

Historical ote

Adopted effective January 13, 1976 (Supp. 76-1). Former 

Section R9-3-1013 repealed, new Section R9-3-1013 

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 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. 81-

2). Amended effective January 1, 1986 (Supp. 85-6).

Amended effective January 1, 1987, filed December 31, 

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 November 14, 1994 (Supp. 94-4). Amended by final rulemaking 

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, effective 

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, effective 

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 a written
Supp. 12-1 Page 124 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

examination with a score equal to or greater than 80% in the

following areas:

1. For nondiesel-powered fleet vehicle emissions inspectors:

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 inspectors:

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 procedures;

d. Proper use of tools required by the vehicle manufacturer for field setting of fuel injectors, inlet and 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 inspection;

f. Test equipment operation, calibration, and maintenance;

g. Proficiency in driving the transient test cycle in

Table 4;

h. Quality control procedures;

i. Public relations; and

j. Safety and health issues related to the inspection

process.

4. For the practical portion of the examination an applicant

shall demonstrate the ability to conduct a proper emissions inspection, including proper use of equipment and

procedures, to pass. If an inspector fails to demonstrate

such ability in an audit, either covert or overt, the inspector’s license shall be suspended. The suspended licensee

shall demonstrate to the Department the skills required by

this subsection within 30 days of suspension or such

license shall be revoked.

B. If an applicant for a nondiesel-powered vehicle emissions

inspector license fails the written examination, the applicant

shall successfully complete the vehicle emissions inspector

state training program before reexamination for licensure. 

C. Applications may be obtained from the Department. The

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 shall be

renewed annually on or before the expiration date. An inspector whose license has expired may not inspect vehicles.

F. Applications for renewal of vehicle emissions fleet inspector’s

licenses shall be submitted within 30 days before the current

license expiration date.

G. The Department may suspend, revoke, or refuse to renew 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 change. The notification shall include the name and license number of the

emissions inspector, a statement declaring the employment

change, and the effective date of the employment change.

I. The Department shall assign a single, unique, nontransferable

inspector’s number to each vehicle emissions inspector.

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 days 

(Supp. 81-1). Former Section R9-3-1016 as amended 

effective March 2, 1978, and 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 effective January 1, 1987, 

filed December 31, 1986 (Supp. 86-6). Former Section 

R9-3-1016 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, effective 

January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 

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 government

entity;

2. At a state station upon payment of the fee;

3. At a state station upon payment of the contracted fee,

either singly or in combination with other government

fleet operators.

B. A government vehicle except a federally owned vehicle that is

excluded from the definition of motor vehicle under 40 CFR

85.1703, shall be inspected according to this Article 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 inspection 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 biennial

inspection. The vehicle emissions inspector, at the time of

inspection, shall record the serial number of the Government Vehicle Certificate of Inspection on the vehicle

inspection report. If the vehicle emissions inspection is

performed at a fleet station, the emissions inspector, at

the time of inspection, shall record the serial number in

the block labeled “Certificate of Inspection No.” on the

“Fleet Vehicle Inspection Report/Monthly Summary.”
Arizona Administrative Code Title 18, Ch. 2

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 125 Supp. 12-1

Each Government Vehicle Certificate of Inspection shall

be used in serial number order. Presence of a current

Government Vehicle Certificate of Inspection indicates a

government vehicle has met the state of Arizona emissions inspection requirements.

2. A government vehicle, with the exception of a motorcycle or an undercover law enforcement vehicle, shall have

the Government Vehicle Certificate of Inspection affixed

to the lower left side of the rear window as determined

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 affixed to

the lower left corner of the windshield as determined

from the driver’s position.

3. A government motorcycle shall have the Government

Vehicle Certificate of Inspection affixed to the lower lefthand corner of the windscreen as determined from the

driver’s position. If the Government Vehicle Certificate

of Inspection cannot be affixed to the lower left-hand corner of the windscreen, the Government Vehicle Certificate of Inspection may be affixed to a visible position on

the front or left side of the left front fork of the motorcycle. The fork shall be determined from the driver’s position.

C. The Government Vehicle Certificate of Inspection shall 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 of administering and enforcing the provisions of this Article as

they apply to issuance of certificates of inspections. Payment for certificates shall be included with an application

for certificates. Checks shall be made payable to the

Department of Environmental Quality.

2. Only the Department may sell or otherwise transfer certificates of inspection.

D. All Government Vehicle Certificates of Inspection shall be

designed, issued, and administered to ensure compliance with

this Article. The Department shall be the only source 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 vehicle

certificate of inspection shall only be used for government

vehicles.

F. A government entity fleet station shall send a quarterly statement identifying vehicles and test results to the Department

within 10 business days following the end of the quarter. 

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). Amended 

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 fleet station shall

use completed certificates of inspection as evidence that its

vehicles meet the requirements of this Article unless inspection data is electronically transmitted to MVD under 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 following information: 

1. VIN,

2. Model year,

3. License number,

4. If applicable, a statement that the inspection meets 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 vehicle is transferable to an auctioneer licensed as a used motor vehicle dealer to

sell the vehicle. The certificate of inspection is valid for a

period not to exceed 180 days after the transfer unless the

vehicle is reregistered with a new owner, in which case the

vehicle shall be inspected according to this Article before the

reregistration.

D. A certificate of inspection, complete or incomplete, is not

transferable except as provided in subsection (C) or except

when submitted to MVD for the purpose of vehicle registration.

E. Only a person who meets the requirements of R18-2-

1019(D)(4) is authorized to purchase certificates of inspection,

certificates of waiver, or Government Vehicle Certificates 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, filed 

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 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, effective January 1, 2002 (Supp. 01-4).

R18-2-1019. Fleet Station Procedures and Permits

A. The following requirements apply to issuance of fleet station

permits:

1. An owner or lessee of a fleet of 25 or more nonexempt

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 months

at the time of application review by the Department shall

be used to determine compliance with this subsection. 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 shall be

obtained from the Department. All completed applications shall be submitted to the Department. An application 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 premises to

determine compliance with subsections (B) and (C).

4. A fleet station permit shall not expire.
Supp. 12-1 Page 126 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

5. A fleet station permit shall only be applicable to the

fleet’s inspection facility located at the address shown on

the fleet station permit. If a fleet owner or lessee 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 facility

changes and the name or address change does not involve

a change of ownership, the permit shall be returned to the

Department for cancellation and a new permit application

shall be submitted. The Director shall cancel the returned

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 lessee

obtains a duplicate permit and then finds the original, the

fleet owner or lessee shall immediately surrender the

original permit to the Department.

B. A fleet station permit applicant or fleet station permit 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 unloaded 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 cap

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 cap

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 cap

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 complies 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 cap

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 principally 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-powered vehicles, at least one person to perform tune-ups of engines

and replacement or repair of fuel system and ignition

components.

2. If the facility is for the repair of diesel-powered vehicles,

at least one person to perform tune-ups and replacement

or repair of diesel fuel systems in the vehicle fleet.

3. A licensed vehicle emissions inspector who will perform

the necessary inspections. This inspector may be the

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 proficiency

by passing a Department-administered examination annually, with a score equal to or greater than 80%, on the 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 obtained

from the Department.

E. Unless inspected at a state station, a vehicle owned by or

leased to a holder of a fleet emissions inspection station permit

shall be inspected according to R18-2-1006(D) through (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 take and

pass both the curb idle test specified in R18-2-

1006(F)(2)(b) and a 2,500 RPM unloaded fast idle test 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 the

end of 30 seconds, whichever occurs first, and compared to the loaded cruise standards in Table 2. The

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 take 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

Department of Environmental Quality – Air Pollution Control

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-powered, shall be required to take and pass a tampering

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-powered, shall be required to take and pass a tampering

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, except a government entity fleet shall issue and process each government

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 and

signed 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 biennial

test, the expiration date shall be one year from the

date 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 be legible;

d. Unless inspection data is electronically transmitted

under A.R.S. § 49-542(Q), the original completed

certificate shall be presented to MVD for processing

the vehicle’s application for title and registration 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 inspection, along with the second copy of the “Fleet Vehicle Inspection Report/Monthly Summary,” to the

Department monthly, not later than two weeks after

the last day of the month in which the inspection is

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 purchased

from 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 to

the 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 transfer

a certificate of inspection. This subsection does not

apply to the submission of a certificate of inspection

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 certificates

and fleet vehicle emissions inspection records. Certificates and fleet vehicle emissions inspection

records shall be maintained at the fleet station and

shall be made available for review by a state inspector during normal business hours of the fleet station;

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 certificate 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, or

mutilation 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 voided 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 for two

years from the date of inspection.

2. The fleet agent or vehicle emissions inspector shall obtain

the “Fleet Vehicle Inspection Report/Monthly Summary”

form from the Department. The vehicle emissions inspector performing the inspection shall record the following

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

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

m. The license number of the vehicle emissions inspector conducting the inspection;

n. The signature of the inspector making the entry;

o. The serial number of the certificate of inspection,

recorded in numerical order;

p. For a vehicle required to take the transient loaded

emissions test, the inspector shall record the total

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 analyzer or

opacity meter used to perform the inspection;

r. For a light-duty diesel vehicle, the inspector shall

record opacity rather than undiluted HC and CO;

s. For a heavy-duty diesel vehicle, instead of undiluted

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 lessee is an

auto dealer licensed to sell used motor vehicles under

A.R.S. Title 28. The certificate of waiver may be issued

according to the following procedure if the requirements

of R18-2-1008(A), R18-2-1009, and R18-2-1010 are met:

a. A certificate of waiver shall be completed and

signed by the vehicle emissions inspector performing the inspection after completion of a fleet inspection waiver report. The report shall be forwarded to

the Department within three business days from the

date of issuance of the certificate of waiver. A fleet

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 issued

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 waiver

shall be legible.

d. The vehicle emissions inspector issuing the certificate of waiver shall initial all corrections.

e. Only the vehicle emissions inspector performing the

inspection may sign or initial a certificate of waiver.

f. Unless inspection data is electronically transmitted

under A.R.S. § 49-542(Q), the original completed

certificate shall be presented to MVD for processing

of either the vehicle’s application for title and registration or the Arizona registration card. MVD may

accept the signed certificate of waiver as evidence

that the vehicle is a fleet inspected vehicle and meets

the inspection requirements of this Article if the certificate is complete and the expiration date has not

passed.

g. The second copy of each completed certificate of

waiver 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 station

owner for two years from the date of inspection.

i. The fee for a certificate of waiver 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 certificate of waiver. Payment for certificates shall be

included with an application for certificates. Checks

shall be made payable to the Department of Environmental Quality.

j. Only the Department shall sell or otherwise transfer

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 certificates.

l. If a certificate is discovered lost or stolen, the fleet

station owner shall notify the Department in writing

within 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 certificate

within 24 hours of discovery.

m. In the event of loss, destruction, or mutilation of an

original completed certificate of waiver, 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 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 voided

certificate shall be matched to the corresponding

third copy of the certificate and retained by the fleet

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 operating

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

Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 129 Supp. 12-1

2. A fleet station shall only certify a vehicle owned by or

leased to the holder of the fleet station permit.

3. The inspection equipment shall be operated, calibrated,

and maintained as follows:

a. All test equipment and instrumentation shall be

maintained in accurate working condition as

required by the manufacturer. An instrument requiring periodic calibration shall be calibrated according

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 for

each instrument, except an NDIR emissions analyzer, shall be maintained by the fleet station. The

calibration records shall be signed and dated by the

technician performing each calibration.

b. The instrument calibration records shall be available

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 unable 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 permit 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 operating

as a fleet station until the requirement is met. If the fleet

is cited for failure to have the necessary equipment under

subsection (B), it shall not resume operation as a fleet

emissions inspection station until compliance is verified

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 notification

shall include the name and license number of the vehicle

emissions inspector, a statement declaring the employment change, and the effective date of the employment

change. A fleet station that does not employ a vehicle

emissions inspector shall immediately cease operating as

a fleet station and notify the Department immediately by

telephone and within seven days in writing. All unused

vehicle certificates of inspection shall be returned to the

Department for a refund within seven days after operations cease.

8. A fleet station that does not employ a fleet agent, as

described in subsection (D)(4), shall immediately cease

operating as a fleet station and shall notify the Department 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 of the

employment change. The fleet station may resume fleet

station operation after the permit applicant or other designated employee takes and passes the examination

required in subsection (D)(4), if the responsibility of the

day-to-day operation of the fleet station and a fleet agent

designation form has been filed with the Department.

H. A fleet’s activities shall be governed by the following compliance and enforcement rules:

1. Subsections (B) through (G) apply at all times after the

issuance of a fleet station permit. In addition, subsections

(B), (C), and (D) apply before a permit can be issued or

removed from suspension.

2. The Director may suspend or revoke a fleet station 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, Chapter 3,

Article 5 or any provision of this Article;

b. Misrepresents a material fact in obtaining a permit;

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, suspended 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 the 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 days 

(Supp. 81-1). Former Section R9-3-1019 as amended 

effective February 20, 1980, and 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 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, effective 

January 14, 2000 (Supp. 00-1). 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, 2008 (Supp. 08-3).

R18-2-1020. Licensing of Third Party Agents; Issuing Alternative Fuel Certificates

A. Licensing of Third Party Agents. The Department shall accept

an application for a third party agent license to issue Alternative Fuel Certificates from any person who demonstrates 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 inspecting

alternative fuel vehicles; and

3. The applicant agrees to conduct inspections in accordance with the laws and rules for the inspection of alternative fuel vehicles.

B. A third party agent license is valid for a period of five years.

C. Issuing Alternative Fuel Certificates. The Department or its

agent shall issue an Alternative Fuel Certificate according to

A.R.S. § 28-2416 if the vehicle is currently powered by an

alternative fuel as defined in A.R.S. § 1-215(4).
Supp. 12-1 Page 130 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 6 A.A.R.

562, effective January 14, 2000 (Supp. 00-1). Amended 

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 final 

rulemaking at 6 A.A.R. 562, effective January 14, 2000 

(Supp. 00-1).

R18-2-1023. Certificate of Exemption for Out-of-State Vehicles

A. If a vehicle being registered or reregistered in area A or area B

requires an emission test and will not be available for inspection within the state during the 90-day period before the emissions compliance expiration date, and an emissions inspection

is not available for that class of vehicle at an official inspection

station in the area where the vehicle is located, the owner or

owner’s agent may apply in writing to the Department 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 enforcement

official shall complete the vehicle verification portion. The

owner or owner’s agent shall submit the completed form to the

Department.

C. The Department shall issue a certificate of exemption:

1. For a vehicle that meets the requirements of subsection

(A) as indicated by the form completed under subsection

(B).

2. For a vehicle that has passed an official emissions inspection in another state during the 90 days before emissions

compliance expiration upon submission of the inspection

compliance document issued by the government entity

conducting the inspection program.

D. The fee for a certificate of exemption 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 of administering and

enforcing the provisions of this Article as they apply to issuance of certificates of exemption. The payment for the certificates shall be included with the application for certificates.

Checks shall be made payable to the Department of Environmental 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 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 

81-1). Former Section R9-3-1023 as amended effective 

January 3, 1979 and 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). 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 final 

rulemaking at 6 A.A.R. 562, effective January 14, 2000 

(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 inspectors as follows:

1. In Area A:

a. Automated emission analyzers, calibrated and maintained 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 using

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 least two

times each month.

b. Opacity meters shall be inspected for accuracy using

a neutral density filter at least two times each month.

c. During audits, a check shall be made for tampering,

worn instrumentation, blocked filters, and other conditions 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 emissions test,

shall be audited at least twice a year for all of the following:

1. Constant volume sampler critical flow and calibration;

2. Optimization of the flame ionization detector fuel to air

ratio using methane;

3. Proper dynamometer coast down, roll distance, and inertia weight;

4. Ability to detect background pollutant concentrations;

5. Evaporative pressure test system for accuracy, response

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 either area A or

area B indicates that a state station analyzer is not operating

within contractually specified tolerance, the state inspector

shall immediately re-audit the failing equipment. If the equipment fails the second audit, the inspector shall immediately

notify the station manager. The station manager shall either

replace or repair the failing equipment or close the affected

lane until the equipment is repaired and its accuracy verified.

The state inspector shall provide a copy of the analyzer’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 verification of a

passing calibration audit. The contractor shall immediately
Arizona 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 to determine

whether vehicle emissions inspectors are correctly performing

all inspections and functions related to inspections as follows:

1. Overt audits at least two times each year for each inspection lane:

a. Check for proper document security;

b. Check for required recordkeeping including vehicle

emissions inspector licenses; and

c. Observation and written evaluation of each vehicle

emissions inspector’s ability to perform an inspection.

2. State station and vehicle emissions inspector records shall

be reviewed at least monthly to assess station performance and identify any problems, potential fraud, or

incompetence.

3. If a vehicle emissions inspector fails an audit under subsection (E)(1) or (E)(2), the vehicle emissions inspector’s

license may be suspended or revoked according to R18-2-

1016(A)(4).

F. On-road emissions analyzers shall be inspected by a state

inspector at least monthly using dry-gas analysis equipment.

G. If an equipment audit indicates that an on-road emissions analyzer is not operating within contractually specified 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 subsections (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 days 

(Supp. 81-1). Former Section R9-3-1025 as amended 

effective March 2, 1978, and 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 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, effective 

January 1, 2002 (Supp. 01-4).

R18-2-1026. Inspection of Fleet Stations

A. Equipment used by fleet stations shall be inspected by state

inspectors for accuracy as follows:

1. Emission analyzers shall be inspected using field calibration 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 shall be

inspected according to R18-2-1025(A) and (B).

B. A fleet station’s emissions analyzer shall not be used 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 calibration

port; or

3. The sample handling system is restricted.

C. The fleet station is responsible for calibration of the fleet station emission analyzer.

D. A state inspector may, at the inspector’s discretion, allow a

fleet station employee, or someone authorized by the fleet station, to calibrate the analyzer utilizing the state’s field calibration gases.

E. The Department shall assign HC and CO concentrations to a

calibration gas submitted by a fleet station emission analyzer

technician and purchased from a private source.

F. A state inspector shall tag a fleet station emission 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 R18-2-1028. The tag

shall be in the form of a U.S. postcard and contain the information listed in R18-2-1027(E).

G. An analyzer tagged under subsection (F) shall not be returned

to service until its accuracy is verified by a state inspector or

an emissions analyzer repair person certified under R18-2-

1028.

H. A fleet station is responsible for periodic maintenance and calibrations of its emissions analyzers. Repair and maintenance

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 inspections

for up to six months while the station’s approved analyzer is

being repaired.

J. Fleet station analyzers used for transient loaded tests shall

comply with and be quality control checked according to

“IM240 and Evap Technical Guidance.” All other fleet 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 range

from 0 to 2% CO; 

2. Within plus 1.00% CO to minus 0.50% CO in the range

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 the

range from 500 to 2,000 PPM HC when read as N-HEXANE.

K. A fleet station opacity meter used for emission inspections is

required to read the equivalent opacity value of neutral density

filter within ± 5% opacity at any point in the range of the

meter.

L. A state inspector shall conduct performance audits to determine whether a vehicle emissions inspector is correctly performing inspections and functions related to inspections as

follows:

1. Overt audits at least two times each year for each facility:

a. Check for proper document security;

b. Check for required recordkeeping including vehicle

emissions inspector licenses; and

c. Observe and make a written evaluation of each vehicle emissions inspector’s ability to perform an

inspection.

2. Fleet station and vehicle emissions inspector records shall

be reviewed at least monthly to assess fleet performance

and identify any problems, potential fraud, or incompetence.

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 subsection 
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Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

(K) effective January 1, 1987, filed December 31, 1986 

(Supp. 86-6). Former Section R9-3-1026 renumbered as 

Section R18-2-1026 and subsections (B), (F), (G) and (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, effective 

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 analyzers, and

opacity meters. NDIR emission analyzers and opacity meters

used by fleet inspection stations shall be registered for the fleet

station permit approval. Application forms for analyzer or

opacity meter registration are available from the Department.

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 meter are:

1. The Department receives a completed application form;

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 approved by the

Department. A registered opacity meter shall be calibrated

according to manufacturer’s specifications before performing

the first vehicle emissions inspection in any month.

C. A registered analyzer shall meet the requirements of R18-2-

1006(F)(8)(a). Calibration shall be verified by a state inspector

before the analyzer is registered. The analyzer shall read the

value of the calibration gases within the following tolerances:

1. Plus 0.50% CO to minus 0.25% CO in the range from 0

to 2% CO;

2. Plus 1.00% CO to minus 0.50% CO in the range from 2%

to 10% CO;

3. 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. 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 for each registered opacity meter and analyzer on a form provided by the

Department. The log shall be made available to a state inspector on request.

E. A state inspector shall tag a registered opacity meter or analyzer if the opacity meter or analyzer does not meet the

requirements of this Section. A tagged opacity meter or analyzer shall not be used for the purposes of R18-2-1010 or R18-

2-1019 until the tag is removed by a state inspector or an emission analyzer repair person certified under R18-2-1028 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 registration number,

b. Brief statement that the analyzer does not meet state

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 failure,

f. CO and HC concentrations of calibration gases used

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 within two

business days after accuracy is verified.

F. An owner of a registered emission analyzer or opacity meter

shall notify the Department within seven business days of the

retirement, resignation, or termination of any licensed vehicle

emissions inspector or certified technician. The Department

shall revoke the registration of an emission analyzer or opacity

meter if the owner of the analyzer or meter does not 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 days 

(Supp. 81-1). Former Section R9-3-1027 as amended 

effective January 3, 1979, and 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 effective January 1, 1987, 

filed December 31, 1986 (Supp. 86-6). Former Section 

R9-3-1027 renumbered as Section R18-2-1027 and subsections (B), (D), (F) and (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, effective January 14, 2000 (Supp. 00-1). 

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, 2008 (Supp. 

08-3).

R18-2-1028. Certification of Users of Registered Analyzers

and Analyzer Repair Persons

A. A person may be certified to use a registered analyzer and

opacity meter if:

1. The person completes the application form and submits 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 for one year

from date of issue and may be renewed, under the conditions

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 notify 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, repair

and preventive maintenance,

c. Theory of operation of vehicle emissions control

devices.

E. Certification under subsection (D) shall be valid for one year

from date of issue and may be renewed, under the conditions

of subsection (D), by submitting a renewal application to the

Department 30 days before the current certification expiration

date.

F. Each person certified under this Section shall receive a unique

nontransferable certification number.

G. The Department may suspend, revoke or refuse to renew the

certification issued under subsection (A) if:

1. The person’s actions demonstrate a lack of proficiency in

the areas listed under subsection (A)(2); or

2. The person has willfully violated any provision of this

Article.

H. The Department may suspend, revoke, or refuse to renew the

certification issued under subsection (D) if:

1. The person’s actions demonstrate a lack of proficiency in

the areas listed under subsection (D)(2); or

2. The person has willfully violated any provision of 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 (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).

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 comply 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, effective 

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 feet elevation; and

3. Forty percent visual opacity for 10 consecutive seconds

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 days 

(Supp. 81-1). Former Section R9-3-1030 as adopted 

effective January 3, 1977, and 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 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 Efficiency of a Catalytic Converter

A. Except for a vehicle requiring an Idle-Only Inspection, a gasoline-powered vehicle requiring a catalytic converter test under

R18-2-1008(C) shall be tested using the following Catalyst

Efficiency Test Procedure:

1. Immediately after a vehicle completes an Inspection and

Maintenance (I/M) test in the waiver lane, the exhaust

sampling cone shall be removed from the tailpipe. The

vehicle shall remain on the dynamometer with the engine

idling and the transmission in neutral. The vehicle engine

must be at normal operating temperature.

2. For the catalyst test, the dynamometer and the constant

volume sampler shall remain at the settings used for 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 shall abort

the test.

6. If the A/F is 14.0 or greater, the exhaust sampling cone

shall be repositioned for exhaust sampling.

7. After the stabilization period ends, the total hydrocarbon

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 sampling

cone and the A/F analyzer sampling probe from the

tailpipe, and remove the vehicle from the dynamometer.

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 applied to

the formula: Catalyst Efficiency (%) = -3 (R) +100.

10. A vehicle passes the test if the Catalyst Efficiency (%) 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 Procedure if

the A/F is greater than 14.3 and the Catalyst Efficiency
Supp. 12-1 Page 134 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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 Catalyst Efficiency Test Procedure shall meet the following requirements:

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 with

the Department and the Secretary of State. This

incorporation 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 by a

flame ionization detector. The analyzer shall be single range with a calibration curve covering at least 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 by

a Universal Exhaust Gas Oxygen Sensor. The range

shall be 8.0 to 25.5 A/F for gasoline with an accuracy of ±2% of point and a response time of less than

150 milliseconds.

2. Analyzer Performance Verification and Calibration:

a. The operator of an analyzer under this Section shall

verify analyzer performance according to manufacturer recommendations.

b. Upon initial installation, and monthly thereafter, the

operator of an analyzer under this Section shall generate 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 each

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 31, 

1986 (Supp. 86-6). Former Section R9-3-1031 renumbered 

as Section R18-2-1031 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).

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 Mode 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 Mode 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 Mode 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
Arizona 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 November 14, 1994 (Supp. 94-4). See emergency amendment below 

(Supp. 94-4). Emergency amendment adopted effective December 23, 1994, pursuant 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 8 A.A.R. 90, effective 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 Mode 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 Mode 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 Mode 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 3.00
Supp. 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 Emissions 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). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 

(Supp. 99-4). Table heading amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 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 3.9
Arizona 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). Amended by final rulemaking at 6 A.A.R. 382, effective 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). See 

emergency amendment below (Supp. 94-4). Emergency 

amendment adopted effective December 23, 1994, pursuant 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, effective 

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 PPM
Supp. 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 Hazardous Air

Pollutants (ESHAPs)

A. Except as provided in R18-2-1102, the following subparts of

40 CFR 61, National Emission Standards for Hazardous Air

Pollutants (NESHAPs), and all accompanying appendices,

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 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 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-Product

Recovery Plants.

8. Subpart M - Asbestos. 

9. Subpart N - Inorganic Arsenic Emissions from Glass

Manufacturing Plants. 

10. Subpart O - Inorganic Arsenic Emissions from Primary

Copper Smelters. 

11. Subpart P - Inorganic Arsenic Emissions from Arsenic

Trioxide and Metallic Arsenic Production. 

12. Subpart V - Equipment Leaks (Fugitive Emission

Sources). 

13. Subpart Y - Benzene Emissions From Benzene Storage

Vessels.

14. Subpart BB - Benzene Emissions from Benzene Transfer

Operations.

15. Subpart FF - Benzene Waste Operations.

B. Except as provided in R18-2-1102, the following subparts of

40 CFR 63, NESHAPs for Source Categories, and all accompanying appendices, 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

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 Determinations 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 Category

List.

4. Subpart D - Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants.

5. Subpart F - National Emission Standards for Organic

Hazardous Air Pollutants from the Synthetic Organic

Chemical Manufacturing Industry.

6. Subpart G - National Emission Standards for Organic

Hazardous Air Pollutants from the Synthetic Organic

Chemical Manufacturing Industry for Process Vents,

Storage Vessels, Transfer Operations, and Wastewater.

7. Subpart H - National Emission Standards for Organic

Hazardous Air Pollutants for Equipment Leaks.

8. Subpart I - National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the

Negotiated Regulation for Equipment Leaks.

9. Subpart J - National Emission Standards for Hazardous

Air Pollutants for Polyvinyl Chloride and Copolymers

Production.

10. Subpart L - National Emission Standards for Coke Oven

Batteries.

11. Subpart M - National Perchloroethylene Air Emission

Standards for Dry Cleaning Facilities.

12. Subpart N - National Emission Standards for Chromium

Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

13. Subpart O - Ethylene Oxide Emissions Standards for

Sterilization Facilities.

14. Subpart Q - National Emission Standards for Hazardous

Air Pollutants for Industrial Process Cooling Towers.

15. Subpart R - National Emission Standards for Gasoline

Distribution Facilities (Bulk Gasoline Terminals and

Pipeline Breakout Stations).

16. Subpart S - National Emission Standards for Hazardous

Air Pollutants from the Pulp and Paper Industry.

17. Subpart T - National Emission Standards for Halogenated

Solvent Cleaning.

18. Subpart U - National Emission Standards for Hazardous

Air Pollutant Emissions: Group I Polymers and Resins.

19. Subpart W - National Emission Standards for Hazardous

Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production.

20. Subpart X - National Emission Standards for Hazardous

Air Pollutants from Secondary Lead Smelting.

21. Subpart AA - National Emission Standards for Hazardous

Air Pollutants From Phosphoric Acid Manufacturing

Plants.

22. Subpart BB - National Emission Standards for Hazardous

Air Pollutants From Phosphate Fertilizers Production

Plants.

23. Subpart CC - National Emission Standards for Hazardous

Air Pollutants from Petroleum Refineries.

24. Subpart DD - National Emission Standards for Hazardous

Air Pollutants from Off-Site Waste and Recovery Operations.

25. Subpart EE - National Emission Standards for Magnetic

Tape Manufacturing Operations.

26. Subpart GG - National Emission Standards for Aerospace

Manufacturing and Rework Facilities.

27. Subpart HH - National Emission Standards for Hazardous

Air Pollutants From Oil and Natural Gas Production

Facilities.

28. Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations.

29. Subpart KK - National Emission Standards for the Printing and Publishing Industry.

30. Subpart LL - National Emission Standards for Hazardous

Air Pollutants for Primary Aluminum Reduction Plants.

31. Subpart MM - National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion

Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.

32. Subpart OO - National Emission Standards for Tanks--

Level 1.

33. Subpart PP - National Emission Standards for Containers.

34. Subpart QQ - National Emission Standards for Surface

Impoundments.

35. Subpart RR - National Emission Standards for Individual

Drain Systems.

36. Subpart SS - National Emission Standards for Closed

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 Equipment

Leaks - Control Level 1.

38. Subpart UU - National Emission Standards for Equipment 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 Storage

Vessels (Tanks) - Control Level 2.

41. Subpart XX - National Emission Standards for Ethylene

Manufacturing Process Units: Heat Exchange Systems

and Waste Operations.

42. Subpart YY - National Emission Standards for Hazardous

Air Pollutants for Source Categories: Generic Maximum

Achievable Control Technology Standards.

43. Subpart CCC - National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration Plants.

44. Subpart DDD - National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production.

45. Subpart EEE - National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors.

46. Subpart GGG - National Emission Standards for Pharmaceuticals Production.

47. Subpart HHH - National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and

Storage Facilities.

48. Subpart III - National Emission Standards for Hazardous

Air Pollutants for Flexible Polyurethane Foam Production.

49. Subpart JJJ - National Emission Standards for Hazardous

Air Pollutant Emissions: Group IV Polymers and Resins.

50. Subpart LLL - National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry.

51. Subpart MMM - National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

52. Subpart NNN - National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing.

53. Subpart OOO - National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins.

54. Subpart PPP - National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production.

55. Subpart QQQ - National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting.

56. Subpart RRR - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

57. Subpart TTT - National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.

58. Subpart UUU - National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic

Cracking Units, Catalytic Reforming Units, and Sulfur

Recovery Units.

59. Subpart VVV - National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

60. Subpart XXX - National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese.

61. Subpart AAAA - National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills.

62. Subpart CCCC - National Emission Standards for Hazardous Air Pollutants: Manufacture of Nutritional Yeast.

63. Subpart DDDD - National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood

Products.

64. Subpart EEEE - National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (NonGasoline).

65. Subpart FFFF - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical

Manufacturing.

66. Subpart GGGG - National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable

Oil Production.

67. Subpart HHHH—National Emissions Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat

Production.

68. Subpart IIII - National Emission Standards for Hazardous

Air Pollutants: Surface Coating of Automobiles and

Light-Duty Trucks.

69. Subpart JJJJ - National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating.

70. Subpart KKKK - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans.

71. Subpart MMMM - National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products.

72. Subpart NNNN - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances.

73. Subpart OOOO - National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of

Fabrics and Other Textiles.

74. Subpart PPPP - National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts

and Products.

75. Subpart QQQQ - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building

Products.

76. Subpart RRRR - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture.

77. Subpart SSSS—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil.

78. Subpart TTTT—National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations.

79. Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing.

80. Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing.

81. Subpart WWWW - National Emissions Standards for

Hazardous Air Pollutants: Reinforced Plastic Composites

Production.

82. Subpart XXXX - National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing.

83. Subpart YYYY - National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines.

84. Subpart ZZZZ - National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal

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 Manufacturing.
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, Quenching, 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 Manufacturing.

91. Subpart GGGGG - National Emission Standards for Hazardous Air Pollutants: Site Remediation.

92. Subpart HHHHH - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing.

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 Products

Manufacturing.

95. Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing.

96. Subpart LLLLL - National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt

Roofing Manufacturing.

97. Subpart MMMMM - National Emission Standards for

Hazardous Air Pollutants: Flexible Polyurethane Foam

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 for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities.

101. Subpart RRRRR - National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing.

102. Subpart SSSSS - National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing.

103. Subpart TTTTT - National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining.

Historical ote

Former Section R18-2-1101 repealed effective September 

26, 1990 (Supp. 90-3). New Section R18-2-1101 renumbered from R18-2-901 and amended effective November

15, 1993 (Supp. 93-4). Amended effective June 10, 1994 

(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, effective 

August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 4170, effective October 11, 2000

(Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 

2543, effective May 24, 2002 (Supp. 02-2). Amended by 

final rulemaking at 10 A.A.R. 3281, effective September 

27, 2004 (Supp. 04-3). Amended by final rulemaking at 

11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). 

Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).

R18-2-1102. 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 standards 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 pursuant to

this Article shall be submitted to the Arizona Department of

Environmental Quality, Air Quality Division, 1110 West

Washington Street, Phoenix, Arizona 85007.

C. The Director shall not be delegated authority to deal 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 renumbered from R18-2-902 and amended effective November

15, 1993 (Supp. 93-4). Amended effective June 10, 1994 

(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 credit that

meets the criteria under R18-2-1205.

2. “Conditional credit” means an emission reduction credit

that is in the review process before qualifying for certification under R18-2-1205.

3. “Credit generation” means the process by which a source

obtains emission reduction credits for eventual listing in

the registry.

4. “Credit retirement” means a person’s purchase of a

banked emission reduction credit for the purpose of permanent removal from the emissions bank.

5. “Credit utilization” means the use of a certified emission

reduction credit.

6. “Credit withdrawal” means the removal of an emission

reduction credit from the bank by the source originally

depositing the emission reduction credit.

7. “Emission reduction credit” or “credit” means a certified

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 and may

review, issue, revise, administer, and enforce a permit;

and certify a credit under this Article.

9. “Registry” means the location where emission reduction

credits are posted for the purpose of public notice, allowing a person to determine the availability of credits 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. 1815, 

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 sources emitting

particulate matter, sulfur dioxide, carbon monoxide, nitrogen

oxides, or volatile organic compounds. The provisions 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. 1815, 

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

R18-2-1203. Emissions Bank Administration

A. The Director shall place an emission reduction credit 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 to the reducing

source for each certified credit deposited in the bank, and issue

a certificate of retirement to a person for each certified credit

permanently retired.

Historical ote

New Section made by final rulemaking at 8 A.A.R. 1815, 

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 Generation Application (CGA) to the Director on a form prescribed by 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 number;

5. The permitted source name, location, permit number, and

industry code;

6. The pollutant;

7. The attainment status of the area where the source 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 generation

activity;

11. The signature of and verification of truthfulness and

accuracy by a responsible official as defined in R18-2-

301(17);

12. The name, title, and telephone number of the responsible

official.

The source shall submit a copy of the CGA to the permitting authority with an application to revise the permit or

request to terminate the permit.

B. Upon receipt by the Director of the CGA with a check 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. 1815, 

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

R18-2-1205. Credit Certification

A. A permitting authority may certify an emission credit if the

permitting authority verifies the credit is based on:

1. A reduction in actual emissions that occurred after

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 when the

reduction occurs.

C. In order for an emission reduction to be quantifiable 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 Director shall

discount by 10 percent the certified credit total. The 10 percent

of certified credit total shall be permanently retired to the

bank.

F. A banked credit does not expire.

G. The permitting authority shall notify the source and the Director that a credit is certified. Upon receipt of the notice, the

Director shall issue a certificate for each certified credit to the

applicant identified in R18-2-1204, and list the certified credit

in the registry.

Historical ote

New Section made by final rulemaking at 8 A.A.R. 1815, 

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

R18-2-1206. Credit Utilization

A. A source may use a certified emission reduction credit in the

same nonattainment area, maintenance area, or modeling

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 contain:

1. The name and mailing address of the source that generated 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 utilizing the

credit;

5. The owner, co-owner, or partner of the source utilizing

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 utilized;

10. Each emission reduction credit certificate number;

11. The signature of and verification of truthfulness and

accuracy by a responsible official as defined in R18-2-

301(17); and

12. The name, title, and telephone number of the responsible

official.

The source shall submit a copy of the CUA to the permitting authority at the time the source submits an application for a permit or permit revision.

B. Upon receipt by the Director of the CUA with a check 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 registry until:
Supp. 12-1 Page 142 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

1. The permitting authority evaluates and verifies the

authenticity of the credit with the emissions bank;

2. The permitting authority determines that there will be no

adverse impact on air quality; and

3. The permitting authority completes the permitting action

and submits the credit certificate to the Director.

D. After the permitting authority notifies the Director that the

requirements of this Section have been met, the Director shall

delist the credits in the registry.

Historical ote

New Section made by final rulemaking at 8 A.A.R. 1815, 

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

R18-2-1207. Credit Withdrawal

Any party purchasing certified credits listed in the 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 certificates, the Director

shall delist the credits in the registry.

Historical ote

New Section made by final rulemaking at 8 A.A.R. 1815, 

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

R18-2-1208. Fees

A. A source generating a credit shall pay a non-refundable administrative fee of $200.00 to the Director when submitting 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 submitting 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 registry; or

3. Withdrawing a credit from the bank.

Historical ote

New Section made by final rulemaking at 8 A.A.R. 1815, 

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

ARTICLE 13. DIESEL COVERSIO GRAT PROGRAM

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

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

2003 (Supp. 03-2).

R18-2-1301. Definitions

The following definitions apply in this Article, unless the context

otherwise requires:

1. “Alternative fuel” has the meaning in A.R.S. § 1-215.

2. “Alternative fuel vehicle” means a self-propelled vehicle

that is registered and titled in this state for operation on

the highways and that is propelled by an alternative fuel.

3. “Application” means the application submitted to the

Department as specified in R18-2-1304.

4. “Application priority list” means the list specified in R18-

2-1305.

5. “Conversion” means modification of a diesel vehicle to

operate on an alternative fuel.

6. “Cost of conversion” means the actual cost of conversion,

including the parts and materials used, the hours required

for conversion, and the hourly rate for labor of this type,

as shown by receipts or other evidence.

7. “Diesel vehicle” means a vehicle that operates only on

diesel fuel.

8. “Director” means the Director of the Department of 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 been

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. 1295, 

effective April 2, 2003 (Supp. 03-2).

R18-2-1302. Available Funds

Funds are available only as appropriated by the legislature. Once all

available funds have been encumbered, the Department shall notify

all applicants who have not been placed on the application priority

list.

Historical ote

New Section made by final rulemaking at 9 A.A.R. 1295, 

effective April 2, 2003 (Supp. 03-2).

R18-2-1303. Eligibility

A person may submit an application for a grant under 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 the vehicle:

1. Has not previously been the subject of a grant under 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 three years from

the date the vehicle is registered as an alternative 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 bus, or a

municipal vehicle.

Historical ote

New Section made by final rulemaking at 9 A.A.R. 1295, 

effective April 2, 2003 (Supp. 03-2).

R18-2-1304. Application Process

A. An applicant shall submit an application to the Department 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

Department of Environmental Quality – Air Pollution Control

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 business

address, 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 vehicle

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 penalty

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 19,500

pounds 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 Department

may seek recourse in the Superior Court of Maricopa County, Arizona, with the applicant paying all

costs 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 information

contained in the application is truthful, correct, and

complete.

3. A current and complete W-9 Federal tax form (Request

for Taxpayer Identification Number and Certification);

4. A copy of the validated Arizona registration and Arizona

title for the vehicle (for a new vehicle, these copies shall

be submitted within 15 days of receipt from the State);

5. A copy of the contract, or purchase order entered into by

the applicant, for conversion of the vehicle for which

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 liability

policy for the vehicle, or other evidence of compliance

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 conversion, 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 information provided, including original documents.

C. The Department shall review an application for completeness

and eligibility for a grant.

D. If the Department determines that the application is complete

through subsection (A)(7), funds are available as specified in

R18-2-1302, and the vehicle meets the eligibility requirements

in R18-2-1303:

1. The Department shall provide a pre-approval letter to the

applicant, stating that the applicant is eligible for a grant

under the program when the vehicle is converted as specified in the application and the information specified in

subsection (A)(7) is submitted to the Department. The

letter shall state the amount of the grant.

2. After the Department provides the letter under subsection

(D)(1), the Department shall list the vehicle in the application priority list specified in R18-2-1305 and encumber

the grant funds.

3. The applicant shall complete the vehicle conversion 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 the 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 requirements of

the pre-approval letter, the Department shall remove the

vehicle from the application priority list and unencumber

the grant funds.

5. If the Department determines that the applicant has complied with all the requirements of the pre-approval letter,

the Department shall notify the applicant in writing that a

grant award will be paid to the applicant in the amount

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 encumber

the grant funds. The Department shall notify the applicant

in writing of the grant award determined under R18-2-

1306.

E. If an application is not complete, the Department shall 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 action;

and

2. Shall be processed after the applicant submits the additional required information and performs any required

action specified in the Department’s notification to the

applicant.

3. If the applicant completes the application, and the

Department approves it, the Department shall place the
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Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

applicant on the application priority list described in R18-

2-1305.

F. If the Department determines that the vehicle specified in the

application is not eligible for a grant under R18-2-1303, the

Department shall notify the applicant in writing of the determination, including each reason for ineligibility.

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New Section made by final rulemaking at 9 A.A.R. 1295, 

effective April 2, 2003 (Supp. 03-2).

R18-2-1305. Application Priority List

A. The Department shall maintain for public inspection an application priority list for approved applications, where 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-number process to determine the order in which these vehicles are eligible

for grant funds:

1. Applications for each vehicle with the same priority 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 the first

number in the sequence, continuing down through the

stack until the bottom application has been assigned 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 priority applicants of the random number process, to afford them the

opportunity to be present when the random numbers are

assigned.

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New Section made by final rulemaking at 9 A.A.R. 1295, 

effective April 2, 2003 (Supp. 03-2).

R18-2-1306. Grant Amount

The Department shall award grants to qualified applicants within 30

days of the date it notifies the applicant in writing that it will pay

applicant a grant award. The Department shall award grants for the

lesser of the cost of conversion or $30,000.

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New Section made by final rulemaking at 9 A.A.R. 1295, 

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 grants; or

3. The amount of a grant under this Article.

B. If a request for review is made, the funds requested for conversion shall be reserved until the Director’s decision after the

review under subsection (C).

C. A request under subsection (A) shall be made in writing, and

received by the Director within 10 business days of the date of

the determination. Unless the Director and the interested party

agree otherwise, the review shall take place within 10 business

days after the Director’s receipt of the request. The Director

shall arrange the date and location of the review with 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 unless, within

30 days after applicant’s receipt of the review decision, the

interested party requests a hearing under R18-1-202.

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New Section made by final rulemaking at 9 A.A.R. 1295, 

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 the meaning given

them by the CAA, Titles 23 and 40 U.S.C., other EPA regulations,

or other USDOT regulations, in that order of priority. The following

definitions and the definitions contained in Article 1 of this Chapter

and in A.R.S. § 49-401.01 shall apply to this Article:

1. “ADEQ” means the Arizona Department of Environmental Quality.

2. “ADOT” means the Arizona Department of Transportation.

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 thereof,

which has been approved under § 110, or promulgated

under § 110(c), or promulgated or approved pursuant to

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 project

means either of the following:

a. To cause or contribute to a new violation of a standard in the area substantially affected by the project

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 appropriate 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 procedures

established in R18-2-1405.

7. “Control strategy implementation plan revision” is the

applicable implementation plan which contains specific

strategies for controlling the emissions of and reducing

ambient levels of pollutants in order to satisfy CAA

requirements for demonstrations of reasonable further

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 nitrogen

dioxide).

8. “Control strategy period” with respect to particulate matter less than 10 microns in diameter (PM10), carbon monoxide (CO), nitrogen dioxide (NO2

), or ozone precursors

(volatile organic compounds (VOC) and oxides of nitrogen (NOx)), means that period of time after EPA

approves control strategy implementation plan revisions

containing strategies for controlling PM10, NO2, CO, or

ozone, as appropriate. This period ends when the state

submits and EPA approves a request under § 107(d) of

the CAA for redesignation to an attainment area.

9. “Design concept” means the type of facility identified by

the project, e.g., freeway, expressway, arterial highway,
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Department of Environmental Quality – Air Pollution Control

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 facility

which will affect the proposed facility’s impact on

regional emissions, usually as they relate to vehicle 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 approximate number and location of interchanges, preferential

treatment for high-occupancy vehicles, etc.

11. “EPA” means the United States Environmental Protection

Agency.

12. “FHWA” means the Federal Highway Administration of

USDOT.

13. “FHWA or FTA project” means any highway or transit

project which is proposed to receive funding assistance

and approval through the Federal-Aid Highway program

or the federal mass transit program, or requires Federal

Highway Administration (FHWA) or Federal Transit

Administration (FTA) approval for some aspect of the

project, such as connection to an interstate highway or

deviation from applicable design standards on the interstate system.

14. “FTA” means the Federal Transit Administration of

USDOT.

15. “Forecast period” with respect to a transportation plan

means the period covered by the transportation plan pursuant to 23 CFR 450.

16. “Highway project” means an undertaking to implement

or modify a highway facility or highway-related program.

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 length to

address environmental matters on a broad scope.

b. Have independent utility or significance, i.e., be

usable and be a reasonable expenditure even if no

additional transportation improvements in the area

are made.

c. Not restrict consideration of alternatives for other

reasonably foreseeable transportation improvements.

17. “Horizon year” means a year for which the transportation

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 PM10 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 single,

specific project, summed together with future background concentrations (which can be estimated using the

ratio of future to current traffic multiplied by the ratio of

future to current emission factors) expected in the area.

The total concentration shall be estimated and analyzed at

appropriate receptor locations in the area substantially

affected by the project. Hot-spot analysis assesses

impacts on a scale smaller than the entire nonattainment

or maintenance area, including, for example, congested

roadway intersections and highways or transit terminals,

and uses an air quality dispersion model to determine 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 violation” means

to cause a location or region to exceed a standard more

often or to cause a violation at a greater concentration

than previously existed or would otherwise exist during

the future period in question, if the project were not

implemented.

21. “ISTEA” means the Intermodal Surface Transportation

Efficiency Act of 1991.

22. “Local transportation agency” means a city, town, or

county.

23. “Maintenance area” means any geographic region of the

United States previously designated nonattainment pursuant to the CAA Amendments of 1990 and subsequently

redesignated to attainment subject to the requirement to

develop a maintenance plan under § 175A of the CAA.

24. “Maintenance period” with respect to a pollutant or pollutant precursor means that period of time beginning

when a state submits and EPA approves a request under §

107(d) of the CAA for redesignation to an attainment

area, and lasting for 20 years, unless the applicable implementation plan specifies that the maintenance period 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, cooperative,

and comprehensive planning process under 23 U.S.C.

134 and 49 U.S.C. 1607.

26. “Milestone” means an emissions level and the date 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 portion 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 certain

date for the purpose of meeting reasonable further

progress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, 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 nitrogen

(NOx) for a reasonable further progress milestone year 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 for

VOC milestone requirements). The applicable implementation plan for an ozone nonattainment area includes a

NOx budget if NOx reductions are being substituted for

reductions in volatile organic compounds in milestone

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 Act of

1969, as amended (42 U.S.C. 4321 et seq.).

30. “NEPA process completion” with respect to FHWA or

FTA, means the point at which there is a specific action 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 Environmental

Impact Statement under NEPA.
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Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

31. “Nonattainment area” means any geographic region of

the United States which has been designated as nonattainment 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 either

moderate or serious.

33. “Phase II of the interim period” with respect to a pollutant

or pollutant precursor means that period of time after

December 27, 1993, lasting until the earlier of the following:

1. Submission to EPA of the relevant control strategy

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 project.

35. “Recipient of funds designated under 23 U.S.C. or the

Federal Transit Act” means any agency at any level of

state, county, or city government, including any political

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 definition does

not include private landowners or developers, or contractors or entities that are only paid for services or products

created by their own employees.

36. “Regional transportation agency” means a regional transit

authority established pursuant to A.R.S. Title 28, Chapter

20 or Chapter 24, or a formal association of political subdivisions involved in regional transportation issues.

37. “Regionally significant transportation project” means a

transportation project (other than an exempt project) that

is on a facility which serves regional transportation needs

(such as access to and from the area outside of the region,

major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc.,

or transportation terminals, as well as most terminals

themselves) and would normally be included in the modeling of a metropolitan area’s transportation network,

including at a minimum all principal arterial highways

and all fixed guideway transit facilities that offer an alternative to regional highway travel.

38. “Rural transport ozone nonattainment area” means an

ozone nonattainment area that does not include, and is not

adjacent to, any part of a Metropolitan Statistical Area or,

where one exists, a Consolidated Metropolitan Statistical

Area (as defined by the United States Bureau of the Census) and is classified under CAA § 182(h) as a rural transport area.

39. “Standard” means a national ambient air quality standard.

40. “Statewide transportation improvement program (STIP)”

means a staged, multi-year, intermodal program of transportation projects covering the state, which is consistent

with the statewide transportation plan and metropolitan

transportation plans, and developed pursuant to 23 CFR

450.

41. “Statewide transportation plan” means the official intermodal statewide transportation plan that is developed

through the statewide planning process for the state,

developed pursuant to 23 CFR 450.

42. “Submarginal area” means any ozone nonattainment area

which EPA has classified as submarginal in 40 CFR 81.

43. “Transit” is mass transportation by bus, rail, or other conveyance which provides general or special service to the

public on a regular and continuing basis. It does not

include school buses or charter or sightseeing services.

44. “Transit project” means an undertaking to implement or

modify a transit facility or transit-related program, purchase transit vehicles or equipment, or provide financial

assistance for transit operations. It does not include

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 analytical purposes, it shall be defined inclusively enough to:

a. Connect logical termini and be of sufficient length 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 other

reasonably foreseeable transportation improvements.

45. “Transitional area” means any ozone nonattainment 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 begins

after submission to EPA of the relevant control strategy

implementation plan which has been endorsed by the

Governor or Director of ADEQ and has been subject to a

public hearing. The transitional period lasts until EPA

takes final approval or disapproval action on the control

strategy implementation plan submission or finds it to be

incomplete. The precise beginning and end of the transitional period is defined in R18-2-1428.

47. “Transportation control measure (TCM)” means any

measure that is specifically identified and committed to in

the applicable implementation plan that is either one of

the types listed in § 108 of the CAA, or any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation sources by

reducing vehicle use or changing traffic flow or congestion 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 transportation

projects covering a metropolitan planning area which is

consistent with the metropolitan transportation plan and

developed pursuant to 23 CFR 450.

49. “Transportation plan” means the official intermodal metropolitan transportation plan that is developed through

the metropolitan planning process for the metropolitan

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 Transportation.

52. “VMT” means the number of vehicle miles traveled.

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Adopted effective June 15, 1995 (Supp. 95-2).
Arizona Administrative Code Title 18, Ch. 2

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March 31, 2012 Page 147 Supp. 12-1

R18-2-1402. Applicability

A. Except as provided for in subsection (F) or R18-2-1434, conformity determinations are required for all of the following:

1. The adoption, acceptance, approval, or support of transportation 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 this Article

for individual projects which are not FHWA or FTA projects.

However, R18-2-1429 applies to such projects if they are

regionally significant.

C. The provisions of this Article shall apply in all nonattainment

and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a

maintenance plan.

D. The provisions of this Article apply with respect to emissions

of the following criteria pollutants: ozone, carbon monoxide,

nitrogen dioxide, and particles with an aerodynamic diameter

less than or equal to a nominal 10 micrometers (PM10).

E. The provisions of this Article apply with respect to emissions

of the following precursor pollutants:

1. Volatile organic compounds and nitrogen oxides in ozone

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 PM10

in PM10 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 implementation plan or a submitted implementation plan

revision) that transportation-related precursor emissions within the nonattainment area are a significant

contributor to the PM10 nonattainment problem and

has so notified ADOT or the MPO where one exists

and USDOT.

b. During the transitional, control strategy, and maintenance periods, the applicable implementation plan

or implementation plan submission establishes a

budget for such emissions as part of the reasonable

further progress, attainment, or maintenance strategy. 

F. Projects subject to this Article for which the NEPA process

and a conformity determination have been completed by

FHWA or FTA may proceed toward implementation without

further conformity determinations if one of the following

major steps has occurred within the most recent three-year

period: NEPA process completion; formal start of final design;

acquisition of a significant portion of the right-of-way; or

approval of the plans, specifications, and estimates. All phases

of such projects which were considered in the conformity

determination are also included, if those phases were for the

purpose of funding, final design, right-of-way acquisition,

construction, or any combination of these phases.

G. A new conformity determination for the project will be

required if there is a significant change in project design concept and scope, if a supplemental environmental document for

air quality purposes is initiated, or if no major steps to advance

the project have occurred within the most recent three-year

period.

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Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1403. Priority

When assisting or approving any action with air quality-related

consequences, FHWA and FTA shall give priority to the implementation of those transportation portions of an applicable 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 redeterminations

for transportation plans, TIPs, and FHWA or FTA projects

shall be made according to the requirements of this Section

and the applicable implementation plan.

B. Each new transportation plan shall be found to conform before

the transportation plan is approved by the MPO or accepted by

USDOT.

C. All transportation plan revisions shall be found to conform

before the transportation plan revisions are approved by the

MPO or accepted by USDOT, unless the revision merely adds

or deletes exempt projects listed in R18-2-1434 and has been

made in accordance with the notification provisions contained

in R18-2-1405. The conformity determination shall be based

on the transportation plan and the revision taken as a whole.

D. An existing conformity determination shall lapse unless conformity of existing transportation plans is redetermined:

1. By May 25, 1995, unless previously redetermined consistent with 40 CFR 51, subpart T.

2. Within 18 months after EPA approval of an implementation plan revision which either:

a. Establishes or revises a transportation-related emissions 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 implementation plan which establishes or revises a transportation-related emissions budget or adds, deletes, or changes

TCMs.

E. In any case, conformity determinations shall be made 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 merely

adds or deletes exempt projects listed in R18-2-1434 and has

been made in accordance with the notification procedures

under R18-2-1405.

H. After an MPO adopts a new or revised transportation plan, TIP

conformity shall be redetermined by the MPO and USDOT

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 conformity

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 existing TIP conformity determination shall lapse.

J. FHWA or FTA projects shall be found to conform before they

are adopted, accepted, approved, or funded. Conformity shall

be redetermined for any FHWA or FTA project if none of the
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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 Section shall be

undertaken by all of the following entities and shall include the

public and affected local and regional transportation agencies

in preparing for and making conformity determinations 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 established 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 exception of

subsection (M)(8), and under subsection (N), with the exception of subsections (N)(2) and (N)(3), and shall include all

affected agencies and interested members of the public, and

may be conducted at separate times or in combination:

1. Providing to the affected agencies and interested members of the public information describing the upcoming

decision process,

2. Distributing or providing access to draft documents,

3. Providing an opportunity for informal question and

answer on the draft document or proposed decision,

4. Providing an opportunity for formal written comment,

5. Writing and distributing both a response to comments and

the final document or decision.

C. An MPO where one exists, ADEQ, a county air pollution control agency where one exists, ADOT, a transit authority where

one exists, and any local transportation agency shall undertake

a consultation process in accordance with this Section with

each other, with the local or regional offices of EPA, FHWA

and FTA, with affected regional transportation agencies, and

with the public on the development of the following as

described in subsections (D) through (G):

1. The implementation plan, including the emission budget

and list of TCMs in the applicable implementation plan;

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 greater

than 250,000 persons, shall be the lead agency responsible for

preparing an implementation plan, the associated emission

budgets, and the list of TCMs in the plan. The lead agency

shall also be responsible for assuring the adequacy of the consultation process. The concurrence of ADEQ on each implementation plan is required before ADEQ adopts the plan and

transmits it to EPA for inclusion in the state implementation

plan pursuant to A.R.S. § 49-406.

E. ADOT, or the MPO where one exists, shall be the lead agency

responsible for preparing the final document or decision and

for assuring the adequacy of the consultation process with

respect to the development of the transportation plan and the

TIP. The MPO shall be the lead agency responsible for preparing the final document or decision and for assuring the adequacy of the consultation process with respect to the

development of the unified planning work program under 23

CFR 450.314.

F. ADOT shall be the lead agency responsible for preparing the

final document or decision and for assuring the adequacy of

the consultation process with respect to the development of the

statewide transportation plan and the STIP.

G. ADOT, or the MPO where one exists, shall be the lead agency

responsible for preparing the final document or decision and

for assuring the adequacy of the consultation process with

respect to determinations of transportation conformity, except

that the entity authorized to adopt or approve a project shall be

the lead agency responsible for project-level conformity determinations for projects outside of the transportation plan or TIP

and shall assure the adequacy of the consultation process.

H. Each lead agency described in subsections (D) through (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 meaningful

input;

3. Solicit early and continuing input from those agencies;

4. Conduct the public consultation process described in subsection (P);

5. Assure policy-level contact with agencies;

6. With the exception of notifications pursuant to subsection

(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 comments in a timely, substantive written manner prior to 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 timely 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 provided in

this Section. FHWA and FTA shall also be responsible for providing guidance on conformity and the transportation planning

process to agencies in consultation. FHWA and FTA may rely

on the consultation process initiated by ADOT or the MPO

where one exists and shall not be required to duplicate that

process.

J. EPA shall be responsible for reviewing and approving updated

motor vehicle emissions factors and providing guidance on

conformity criteria and procedures to agencies in consultation.

K. Each lead agency subject to a consultation process under this

Section, including any federal agency, shall provide 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 public that have

participated in the consultation process within 15 days of

adopting or approving the document or making the determination. 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 information, 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 conformity
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March 31, 2012 Page 149 Supp. 12-1

consultation purpose is identified in the public notice for the

meeting.

M. A consultation process involving an MPO where one exists,

ADEQ, a county air pollution control agency where one 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 analyses

and regional emissions analyses including vehicle miles

traveled (VMT) forecasting. The consultation process

pursuant to this subsection shall be initiated by ADOT or

the MPO where one exists.

2. Determining whether the responsible agency identified in

R18-2-1433 has demonstrated that the requirements of

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 shall 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 currently 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 significantly from those which were included in the regional

emissions analysis, or in a manner which would significantly 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 design concept and scope have changed significantly from those

which were included in the regional emissions analysis,

or in a manner which would significantly impact use of

the facility.

4. Determining pursuant to subsection (R) which minor

arterials and other transportation projects should be considered “regionally significant” for the purposes of

regional emissions analysis and which projects should be

considered to have a significant change in design concept

and scope from the transportation plan or TIP. 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

determining pursuant to subsection (R) which minor arterials and other transportation projects should be considered “regionally significant” for the purposes of regional

emissions analysis.

5. Evaluating whether exempt projects as described in 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 pursuant to

this subsection shall be initiated by ADOT or the MPO

where one exists.

6. Making a determination, as required by R18-2-1413,

whether past obstacles to implementation of TCMs which

are behind the schedule established in the applicable

implementation plan have been identified and are being

overcome, and whether state and local agencies with

influence over approvals or funding for TCMs are giving

maximum priority to approval or funding for TCMs. This

consultation process shall also consider whether delays in

TCM implementation necessitate revisions to the applicable implementation plan to remove TCMs or to substitute

TCMs or other emission reduction measures. The consultation 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 PM10 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 therefore

require quantitative PM10 hot-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 revisions or

amendments which merely add or delete exempt projects

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 described

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 subsection shall be initiated by the recipient of the funds designated under 23 U.S.C. or the Federal Transit Act.

. A consultation process involving the MPO, ADEQ, a county

air pollution control agency where one exists, ADOT, appropriate political subdivisions, regional transportation agencies,

if any, and the public shall be undertaken for the following:

1. Evaluating events which will trigger new conformity

determinations in addition to those triggering events

established in R18-2-1404 and including any changes in

planning assumptions that may trigger a new conformity

determination. The consultation process pursuant to this

subsection shall be initiated by ADOT or the MPO where

one exists.

2. Consulting on emissions analysis for transportation activities which cross the borders of MPOs or nonattainment

areas or air basins. The consultation process pursuant to

this subsection shall be initiated by ADOT or the MPO

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 include

the entire nonattainment or maintenance area, a consultation process involving the MPO and ADOT for cooperative planning and analysis for purposes of determining

conformity of all projects outside the metropolitan area

and within the nonattainment or maintenance area. The

consultation process pursuant to this subsection shall 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 and data

collection efforts and regional transportation model

development. The consultation process pursuant to this

subsection shall be initiated by ADOT or the MPO where

one exists.

5. Determining that a conforming project approved with

mitigation no longer requires mitigation. The consultation process pursuant to this subsection shall be initiated

by ADOT or the MPO where one exists.

O. The following consultation processes involve recipients of

funds designated under 23 U.S.C. or the Federal Transit Act:
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1. A consultation process involving the MPO, ADEQ, a

county air pollution control agency where one exists,

ADOT, recipients of funds designated under 23 U.S.C. or

the Federal Transit Act and any agency created under

state law that sponsors or approves transportation projects

shall be undertaken to assure that plans for construction

of regionally significant projects which are not FHWA or

FTA projects, including projects for which alternative

locations, design concept or scope, or the no-build option

are still being considered, are disclosed as soon as practicable to ADOT or the MPO where one exists, so as to

assure that any significant changes to the design concept

or scope of those plans are disclosed as soon as practicable. The political subdivision having authority to adopt or

approve a regionally significant transportation project,

and any agency that becomes aware of any such project

through applications for approval, permitting, funding, or

otherwise shall disclose such project to ADOT or the

MPO if one exists as soon as practicable. To help assure

timely disclosure, the political subdivision having authority to adopt or approve any potential regionally significant 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 alternatives have been identified through the NEPA process and,

in particular, any preferred alternative that may be a

regionally significant project. The consultation process

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 allow ADOT

or the MPO to perform a regional emissions analysis. The

consultation process pursuant to this subsection shall 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 exists,

ADOT, recipients of funds designated under 23 U.S.C. or

the Federal Transit Act, any agency created under state

law that sponsors or approves transportation projects, 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 according to

the requirements of this subsection.

1. ADOT or the MPO, where one exists, when making conformity determinations on transportation plans, programs,

and projects shall establish and continuously implement 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 following

minimum requirements:

a. Includes a process that provides complete information, timely public notice, full public access to key

decisions and supports early and continuing involvement of the public in developing plans and TIPs.

b. Requires a minimum public comment period of 45

days 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, other

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 and

policy information used in the development of plans

and TIPs and open public meetings where matters

related to the federal-aid highway and transit programs are being considered.

e. Requires adequate public notice of public involvement 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 areas

classified as serious and above, the comment period

shall be at least 30 days for the plan, TIP, and major

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 to

public input received during the planning and program development processes.

g. Seeks out and considers the needs of those traditionally 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 significantly from the one which was made available for

public comment by the MPO and it raises new material issues which interested parties could not reasonably have foreseen from the public involvement

efforts, an additional opportunity for public comment on the revised plan or TIP shall be made available.

j. ADOT or the MPO where one exists shall specifically address in writing all public comments that

known plans for a regionally significant transportation project which is not receiving FHWA or FTA

funding or approval have not been properly reflected

in the emissions analysis supporting a proposed conformity 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 assure

that full and open access is provided to MPO decisionmaking processes.

m. Metropolitan public involvement processes shall be

coordinated 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 making

conformity determinations on regionally significant

transportation projects shall establish and implement a

public involvement process which meets, at a minimum,

the following requirements:
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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 interested

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 response

to comments and the final document or decision.

The response to comments shall consider the views

of each agency and the public. The response to comments shall be made in a timely, substantive written

manner prior to taking any final action and shall be

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 the conflict

cannot be resolved by the directors of the involved agencies.

In the first instance, such entities shall make every effort to

resolve any differences, including personal meetings between

the directors of such entities or their policy-level representatives, to the extent possible. Within 14 calendar days 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 subsection to

ADOT or the MPO. If ADEQ does not appeal to the Governor

within 14 days, ADOT or the MPO may proceed with the final

determination or decision. If ADEQ appeals to the Governor,

the final conformity determination or policy decision shall

have the concurrence of the Governor. The Governor may delegate to another official or agency within the state the role of

hearing any appeal under this subsection and of deciding

whether to concur in the determination or decision but may not

delegate these functions to the director or staff of ADEQ, to

any local air quality agency, to ADOT, to any state transportation commission or board, to an MPO, or to any agency that

has responsibility for any of these functions.

R. The following procedures shall govern the consultation process regarding regionally significant transportation 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 nonattainment 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 projects

are normally included in the regional transportation

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 exists,

ADOT, a transit authority where one exists, local and

regional transportation agencies, and the public. The map

developed pursuant to subsection (R)(1) shall be updated

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) shall

be revised as necessary to reflect changes in the regional

transportation model.

3. ADOT or the MPO where one exists shall develop and

initiate the consultation process described in subsection

(H) for a proposed list of transportation projects to be

considered regionally significant. The consultation process shall include the MPO where one exists, ADEQ, a

county air pollution control agency where one exists,

ADOT, a transit authority where one exists, local and

regional transportation agencies, EPA, USDOT, and the

public. The list shall include information supporting 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 based on

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 arterial 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 a lower classification than a collector street, as specified in the most

recent federal classification map for the region, does not

serve regional transportation needs.

6. None of the following attributes, by itself, shall require a

transportation project to be included in the modeling of a

metropolitan area’s transportation network:

a. The connection of a facility that does not serve

regional transportation needs to a facility that does

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 this Section

may delegate that role or responsibility to another entity pursuant to the applicable state law but shall notify all other parties

to the consultation process of this fact when the delegation

occurs and shall also provide to the other parties the name,

address, and telephone number of one or more contact persons

representing the entity that is accepting the delegated role or

responsibility.

T. The provisions of this Section apply only to TIP and STIP

planning cycles beginning with the cycles next following the

effective date of this Section. The provisions of 40 CFR 51,

Subpart T, continue to apply to all TIP and STIP planning

cycles in progress at the time of the effective date of this Section. The provisions of this Section apply to consultation on

projects and TIP amendments as of the effective date 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, 1995, in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas, the following shall

apply:
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Department of Environmental Quality – Air Pollution Control

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 transportation

plan, after consultation pursuant to R18-2-1405, may

choose any years to be horizon years, subject to the 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 transportation

demand planning model.

c. If the attainment year is in the time span of the transportation plan, the attainment year shall be a horizon

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 document

the 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 modifications to the existing transportation network

which the transportation plan envisions to be operational in the horizon years. Additions and modifications 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 transportation

analysis zones. Each added or modified highway

segment shall also be sufficiently identified in terms

of its design concept and design scope to allow modeling 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 concept,

design scope, and operating policies sufficiently to

allow modeling of their transit ridership. The

description of additions and modifications to the

transportation network shall also be sufficiently specific to show that there is a reasonable relationship

between expected land use and the envisioned transportation system.

c. Other future transportation policies, requirements,

services, and activities, including intermodal activities, shall be described.

B. Ozone or CO nonattainment areas which are reclassified 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 has been the

previous practice of the MPO to prepare plans which meet

those requirements. Otherwise, transportation plans shall

describe the transportation system envisioned for the future

specifically enough to allow determination of conformity

according to the criteria and procedures of R18-2-1409

through R18-2-1427.

D. The requirements of this Section supplement other requirements 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 transportation plan and the

specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process or other

project development studies. Should the NEPA process result in a

project with design concept and scope significantly different from

that in the transportation plan or TIP, the project shall 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 Plans and

TIPs

Transportation plans and TIPs shall demonstrate that they are fiscally constrained consistent with USDOT’s metropolitan planning

regulations at 23 CFR 450 in order to be found in conformity.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1409. Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, and Projects: General

A. In order to be found to conform, each transportation plan, program, and FHWA or FTA project shall satisfy the applicable

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 implementation plans

and of court orders for the area which pertain specifically to

conformity determination requirements. The criteria for making conformity determinations differ based on the action 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 procedures 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, 

R18-2-1427
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TRANSITIONAL PERIOD

CONTROL STRATEGY AND MAINTENANCE PERIODS

R18-2-1410. The conformity determination must be based on the

latest planning assumptions. 

R18-2-1411. The conformity determination must be based on the

latest emission estimation model available.

R18-2-1412. The MPO must make the conformity determination

according to the consultation procedures of this rule 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 project

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 or contribute to any new localized CO or PM10 violations or increase

the frequency or severity of any existing CO or PM10 violations in CO and PM10 nonattainment and maintenance areas.

R18-2-1417. The FHWA or FTA project must comply with PM10

control measures in the applicable implementation plan.

R18-2-1418. The transportation plan must be consistent 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 motor vehicle

emissions budget(s) in the applicable implementation plan or

implementation plan submission.

R18-2-1420. The project which is not from a conforming transportation plan and conforming TIP must be consistent 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 or reduce

the severity and number of localized CO violations in the area

substantially affected by the project (in CO nonattainment

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 conforming 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 PM10 and NO2

nonattainment areas.

R18-2-1426. The TIP must contribute to emission reductions or

must not increase emissions in PM10 and NO2

 nonattainment

areas.

R18-2-1427. The project which is not from a conforming transportation plan and TIP must contribute to emission reductions

or must not increase emissions in PM10 and NO2

 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, with respect

to all other applicable criteria in R18-2-1411 through 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 the requirements of subsections (B) through (F).

B. Assumptions, including vehicle miles traveled per capita or

per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle ownership,

and the geographic distribution of population growth shall be

derived from the estimates of current and future population,

employment, travel, and congestion most recently used by

ADOT or the MPO where one exists. Population estimates

shall be consistent with the estimates developed by the 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 transportation plan and

TIP shall discuss how transit operating policies (including

fares and service levels) and assumed transit ridership have

changed since the previous conformity determination.

D. The conformity determination shall include reasonable

assumptions about transit service and increases in transit fares

and road and bridge tolls over time.

E. The conformity determination shall use the latest existing

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 interagency

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 Emissions Model

A. During all periods the conformity determination shall be based

on the latest emission estimation model available. This criterion is satisfied if the most current version of the motor vehicle

emissions model specified by EPA for use in the preparation or

revision of implementation plans in that state or area is used

for the conformity analysis. Where EMFAC is the motor vehicle emissions model used in preparing or revising the applicable implementation plan, new versions shall be approved by

EPA before they are used in the conformity analysis.

B. Conformity analyses for which the emissions analysis 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 continue 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)

R18-2-1420
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Department of Environmental Quality – Air Pollution Control

use the previous version of the model for transportation plans

and TIPs. The previous model may also be used for projects if

the analysis was begun during the grace period or before the

Federal Register notice of availability, provided no more than

three years have passed since the draft environmental 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 according 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 EPA, this criterion is satisfied if the conformity determination is made consistent

with the implementation plan’s consultation requirements.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1413. Criteria and Procedures: Timely Implementation

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 satisfied if the following two conditions are met:

1. The transportation plan, in describing the envisioned

future transportation system, provides for the timely completion or implementation of all TCMs in the applicable

implementation plan which are eligible for funding under

23 U.S.C. or the Federal Transit Act, consistent with

schedules included in the applicable implementation

plan.

2. Nothing in the transportation plan interferes with the

implementation of any TCM in the applicable implementation 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 schedule

established in the applicable implementation plan, or, if

such TCMs are behind the schedule established in the

applicable implementation plan, the MPO and USDOT

have determined that past obstacles to implementation of

the TCMs have been identified and have been or are

being overcome, and that all state and local agencies with

influence over approvals or funding for TCMs are giving

maximum priority to approval or funding of TCMs over

other projects within their control, including projects in

locations outside the nonattainment or maintenance area.

Maximum priority to approval or funding of TCMs

includes demonstrations with respect to funding acceleration, commitment of staff or other agency resources, diligent efforts to seek approvals, and similar actions.

2. If federal funding intended for TCMs in the applicable

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 projects 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 implementation

of any TCM in the applicable implementation plan.

D. For FHWA or FTA projects which are not from a conforming

transportation plan and TIP, this criterion is satisfied 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 Conforming

Transportation Plan and TIP

During all periods there shall be a currently conforming transportation plan and currently conforming TIP at the time of project

approval. This criterion is satisfied if the current transportation plan

and TIP have been found to conform to the applicable implementation plan by the MPO and USDOT according to the procedures of

this subpart. Only one conforming transportation plan or TIP may

exist in an area at any time; conformity determinations of a previous transportation plan or TIP expire once the current plan or TIP is

found to conform by USDOT. The conformity determination on a

transportation plan or TIP will also lapse if conformity is not determined according to the frequency requirements of R18-2-1404.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

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

and TIP

A. During all periods the project shall come from a conforming

transportation plan and program. Otherwise, the project shall

satisfy all criteria in Table 1 of R18-2-1409 for a project not

from a conforming transportation plan and TIP. A project is

considered to be from a conforming transportation plan if it

meets the requirements of subsection (B) and from a conforming program if it meets the requirements of subsection (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 were

described in the transportation plan, or in a manner which

would significantly impact use of the facility.

2. For projects which are not required to be specifically

identified in the transportation plan, the project is identified in the conforming transportation plan, or is consistent with the policies and purpose of the transportation

plan and will not interfere with other projects specifically

included in the transportation plan.

C. A project is considered to be from a conforming program 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 adequate at

the time of the TIP conformity determination to determine its contribution to the TIP’s regional emissions and

have not changed significantly from those which were

described in the TIP, or in a manner which would significantly impact use of the facility.

2. If the TIP describes a project design concept and scope

which includes project-level emissions mitigation or control measures, enforceable written commitments to

implement such measures shall be obtained from the

project sponsor or operator as required by R18-2-1433 in

order for the project to be considered from a conforming
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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 effectiveness

constitutes a change in the design concept and scope of

the project.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1416. Criteria and Procedures: Localized CO and

PM10 Violations (Hot Spots)

A. During all periods any FHWA or FTA project shall not cause

or contribute to any new localized CO or PM10 violations or

increase the frequency or severity of any existing CO or PM10

violations in CO and PM10 nonattainment and maintenance

areas. This criterion is satisfied if it is demonstrated that no

new local violations will be created and the severity or number

of existing violations will not be increased 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 by R18-2-

1431(A) or R18-2-1431(D), this criterion may be satisfied if

consideration of local factors clearly demonstrates that no

local violations presently exist and no new local violations will

be created as a result of the project. Otherwise, in CO nonattainment and maintenance areas, a quantitative demonstration

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 PM10

Control Measures

During all periods any FHWA or FTA project shall comply with

PM10 control measures in the applicable implementation plan. This

condition is satisfied if control measures (for the purpose of limiting PM10 emissions from the construction activities or normal use

and operation associated with the project) contained in the applicable implementation plan are included in the final plans, specifications, and estimates for the project.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1418. Criteria and Procedures: Motor Vehicle Emissions Budget (Transportation Plan)

A. The transportation plan shall be consistent with the motor

vehicle emissions budget in the applicable implementation

plan or implementation 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. 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 for

which the area is in nonattainment or maintenance and for

which the applicable implementation plan or implementation plan submission establishes an emissions budget:

a. VOC as an ozone precursor.

b. NOx as an ozone precursor, unless the Administrator

determines that additional reductions of NOx would

not contribute to attainment.

c. CO.

d. PM10 (and its precursors VOC or NOx if the applicable implementation plan or implementation plan

submission identifies transportation-related precursor emissions within the nonattainment area as a significant contributor to the PM10 nonattainment

problem or establishes a budget for such emissions).

e. NOx (in NO2 nonattainment or maintenance areas).

2. The regional emissions analysis shall estimate emissions

from the entire transportation system, including all

regionally significant transportation projects contained in

the transportation plan and all other regionally significant

highway and transit projects expected in the nonattainment 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 the content

requirements of R18-2-1406(A), the emissions analysis

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 not meet the

content requirements of R18-2-1406(A), the emissions

analysis shall be performed for all of the following:

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 transportation plan such that there is not a gap of more than 10

years 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 precursors in subsection (B)(1) the emissions are less than or equal to the motor

vehicle emissions budget as established in the applicable

implementation plan or implementation plan submission as

follows:

1. If the applicable implementation plan or implementation

plan submission establishes emissions budgets for milestone years, emissions in each milestone year are less

than or equal to the motor vehicle emissions budget

established for that year.

2. For nonattainment areas, emissions in the attainment year

are less than or equal to the motor vehicle emissions budget established in the applicable implementation plan or

implementation plan submission for that year.

3. For nonattainment areas, emissions in each analysis or

horizon year after the attainment year are less than or

equal to the motor vehicle emissions budget established

by the applicable implementation plan or implementation

plan submission for the attainment year. If emissions budgets are established for years after the attainment year,

emissions in each analysis year or horizon year shall be

less than or equal to the motor vehicle emissions budget

for that year, if any, or the motor vehicle emissions budget for the most recent budget year prior to the analysis

year or horizon year.

4. For maintenance areas, emissions in each analysis or

horizon year are less than or equal to the motor vehicle

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 Emissions Budget (TIP)

A. The TIP shall be consistent with the motor vehicle emissions

budgets in the applicable implementation plan or implementa-
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Department of Environmental Quality – Air Pollution Control

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 that fully

meets the content requirements of R18-2-1406(A), this criterion may be satisfied without additional regional emissions

analysis if:

1. Each program year of the TIP is consistent with the federal funding which may be reasonably expected for that

year, and required state or local matching funds and funds

for state or local funding-only projects are consistent with

the revenue sources expected over the same period; and

2. The TIP is consistent with the conforming transportation

plan such that the regional emissions analysis already

performed for the plan applies to the TIP also. This

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 transportation plan in each of its horizon years;

b. All TIP projects which are regionally significant are

part of the specific highway or transit system envisioned in the transportation plan’s horizon years; and

c. The design concept and scope of each regionally significant transportation project in the TIP is not significantly 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) are

met. Once the revised plan has been found to conform, this criterion is met for the TIP with no additional 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 emissions

analysis shall meet all of the following requirements: 

1. The regional emissions analysis shall estimate emissions

from the entire transportation system, including all

projects contained in the proposed TIP, the transportation

plan, and all other regionally significant highway and

transit projects expected in the nonattainment or maintenance area in the time-frame of the transportation plan.

2. The analysis methodology shall meet the requirements 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 R18-

2-1418(C).

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1420. Criteria and Procedures: Motor Vehicle Emissions 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 criterion applies

during the transitional period and the control strategy and

maintenance periods, except as provided in R18-2-1436. It is

satisfied if emissions from the implementation of the project,

when considered with the emissions from the projects in the

conforming transportation plan and TIP and all other regionally significant transportation projects expected in the area, do

not exceed the motor vehicle emissions budget in the applicable implementation plan or implementation plan submission.

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 additional

regional analysis if the project is included in the conforming transportation plan, even if it is not specifically

included in the latest conforming TIP. This requires a

demonstration that all of the following apply:

a. Allocating funds to the project will not delay the

implementation of projects in the transportation plan

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 part of

the specific highway or transit system envisioned in

the transportation plan’s horizon years.

c. The design concept and scope of the project is not

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 transportation system, including the proposed project and

all other regionally significant transportation

projects 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 emissions

analysis shall be performed for the project together with the

conforming TIP and all other regionally significant transportation 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 of

R18-2-1430(C).

2. The analysis estimates emissions from the transportation

system, including the proposed project, and all other

regionally significant transportation projects expected in

the nonattainment or maintenance area in the time-frame

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 Violations (Hot Spots) in the Interim and Transitional Periods

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 nonattainment

areas). This criterion applies during the interim and transitional periods only. This criterion is satisfied with respect to

existing localized CO violations if it is demonstrated that
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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 by R18-2-

1431(A), this criterion may be satisfied if consideration of

local factors clearly demonstrates that existing CO violations

will be eliminated or reduced in severity and number. Otherwise, a quantitative demonstration shall be performed 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 Transitional Period Reductions in Ozone and CO Areas (Transportation 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, except as otherwise provided in R18-2-1436. 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 a regional

emissions analysis is performed as described in subsections

(B) through (F).

B. 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 later than the first milestone

year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). 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 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 analysis years to

be the future transportation system that would result from current programs, composed of all of the following, except that

projects listed in R18-2-1434 and R18-2-1435 need not be

explicitly considered:

1. All in-place regionally significant highway and transit

facilities, services and activities.

2. All ongoing travel demand management or transportation

system management activities.

3. Completion of all regionally significant transportation

projects, regardless of funding source, which are currently under construction or are undergoing right-of-way

acquisition (except for hardship acquisition and protective buying); come from the first three years of the previously conforming transportation plan or TIP; or have

completed the NEPA process. For the first conformity

determination on the transportation plan after November

24, 1993, a project may not be included in the Baseline

scenario and shall be included in the Action scenario as

described in subsection (D), if one of the following 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 estimates.

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 that projects

listed in R18-2-1434 and R18-2-1435 need not be explicitly

considered:

1. All facilities, services, and activities in the Baseline scenario;

2. Completion of all TCMs and regionally significant transportation projects, including facilities, services, and

activities, specifically identified in the proposed transportation 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 the TCM

is identified in the applicable implementation plan;

3. All travel demand management programs and transportation system management activities known to the MPO,

but not included in the applicable implementation plan or

utilizing any federal funding or approval, which have

been fully adopted or funded by the enforcing jurisdiction

or sponsoring agency since the last conformity determination on the transportation plan;

4. The incremental effects of any travel demand management programs and transportation system management

activities known to the MPO, but not included in the

applicable implementation plan or utilizing any federal

funding or approval, which were adopted or funded prior

to the date of the last conformity determination on the

transportation plan, but which have been modified since

then to be more stringent or effective;

5. Completion of all expected regionally significant highway and transit projects which are not from a conforming

transportation plan and TIP;

6. Completion of all expected regionally significant nonFHWA/FTA highway and transit projects that have clear

funding sources and commitments leading toward their

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 by the Baseline and Action scenarios and determine the difference in

regional VOC and NOx emissions (unless the Administrator

determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone

nonattainment areas and the difference in CO emissions

between the two scenarios for CO nonattainment areas. The

analysis shall be performed for each of the analysis years

according to the requirements of R18-2-1430. Emissions in

milestone years which are between the analysis years may be

determined by interpolation.

F. This criterion is met if the regional VOC and NOx emissions

(for ozone nonattainment areas) and CO emissions (for 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 expected to be

true in the periods between the first milestone year and the

analysis years. The regional 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).

R18-2-1423. Criteria and Procedures: Interim Period Reductions in Ozone and CO Areas (TIP)

A. A TIP shall contribute to emissions reductions in ozone and

CO nonattainment areas. This criterion applies during the

interim and transitional periods only, except as otherwise provided in R18-2-1436. It applies to the net effect on emissions

of all projects contained in a new or revised TIP. This criterion
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Department of Environmental Quality – Air Pollution Control

may be satisfied if a regional emissions analysis is performed

as described in subsections (B) through (F).

B. Determine the analysis years for which emissions are to be

estimated. The first analysis year shall be no later than the first

milestone year (1995 in CO nonattainment areas and 1996 in

ozone nonattainment areas). The analysis years shall 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 first analysis

year. The last year of the transportation plan’s forecast period

shall also be an analysis year.

C. Define the Baseline scenario as the future transportation system that would result from current programs, composed of all

of the following, except that projects listed in R18-2-1434 and

R18-2-1435 need not be explicitly considered:

1. All in-place regionally significant highway and transit

facilities, services, and activities.

2. All ongoing travel demand management or transportation

system management activities.

3. Completion of all regionally significant transportation

projects, regardless of funding source, which are currently under construction or are undergoing right-of-way

acquisition, except for hardship acquisition and protective 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 included

in the Baseline scenario if one of the following 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 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 proposed TIP

and other expected regionally significant transportation

projects in the nonattainment area in the time-frame of the

transportation plan. It will include all of the following, except

that projects listed in R18-2-1434 and R18-2-1435 need not be

explicitly considered:

1. All facilities, services, and activities in the Baseline scenario;

2. Completion of all TCMs and regionally significant transportation projects, including facilities, services, and

activities, included in the proposed TIP, 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 the TCM is contained in the

applicable implementation plan;

3. All travel demand management programs and transportation system management activities known to the MPO,

but not included in the applicable implementation plan or

utilizing any federal funding or approval, which have

been fully adopted or funded by the enforcing jurisdiction

or sponsoring agency since the last conformity determination on the TIP;

4. The incremental effects of any travel demand management programs and transportation system management

activities known to the MPO, but not included in the

applicable implementation plan or utilizing any federal

funding or approval, which were adopted or funded prior

to the date of the last conformity determination on the

TIP, but which have been modified since then to be more

stringent or effective;

5. Completion of all expected regionally significant highway and transit projects which are not from a conforming

transportation plan and TIP;

6. Completion of all expected regionally significant nonFHWA/FTA highway and transit projects that have clear

funding sources and commitments leading toward their

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 by the Baseline and Action scenarios, and determine the difference in

regional VOC and NOx emissions (unless the Administrator

determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone

nonattainment areas and the difference in CO emissions

between the two scenarios for CO nonattainment areas. The

analysis shall be performed for each of the analysis years

according to the requirements of R18-2-1430. Emissions in

milestone years which are between analysis years may be

determined by interpolation.

F. This criterion is met if the regional VOC and NOx emissions

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 expected to be true

in the period between the analysis years. The regional 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 Plan and

TIP)

A transportation project shall contribute to emissions reductions in

ozone and CO nonattainment areas. This criterion applies during

the interim and transitional periods only, except as otherwise provided in R18-2-1436. This criterion is satisfied if a regional emissions analysis is performed which meets the requirements of R18-2-

1422 and which includes the transportation plan and project 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 include the project

with its original design concept and scope, and the Action scenario

shall include the project with its new design concept and scope.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1425. Criteria and Procedures: Interim Period Reductions for PM10 and O2

 Areas (Transportation Plan)

A. A transportation plan shall contribute to emission reductions

or shall not increase emissions in PM10 and NO2 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 expected in the

nonattainment area will contribute to reductions in emissions

of PM10 in a PM10 nonattainment area, and of each transportation-related precursor of PM10 in PM10 nonattainment areas if

the EPA Regional Administrator or the Director of ADEQ has

made a finding that such precursor emissions from within the
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Department of Environmental Quality – Air Pollution Control

March 31, 2012 Page 159 Supp. 12-1

nonattainment area are a significant contributor to the PM10

nonattainment problem and has so notified the MPO and

USDOT, and of NOx in an NO2

 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 later than

1996 (for NO2

 areas) or four years and six months following the date of designation (for PM10 areas). 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 first analysis year. The last

year of the transportation plan’s forecast period shall also

be an analysis year.

2. Define for each of the analysis years the Baseline 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 each analysis

year from travel on the transportation systems defined by

the Baseline and Action scenarios and determine the difference between the two scenarios in regional PM10

emissions in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment

areas if the EPA Regional Administrator or the Director

of ADEQ has made a finding that such precursor emissions from within the nonattainment area are a significant

contributor to the PM10 nonattainment problem and has

so notified ADOT, the MPO where one exists and

USDOT) and in NOx emissions in an NO2 nonattainment

area. The analysis shall be performed for each of the analysis years according to the requirements of R18-2-1430.

The analysis shall address the periods between the analysis years and the periods between 1990, the first milestone year if any, and the first of the analysis years.

Emissions in milestone years which are between the analysis years may be determined by interpolation.

4. Demonstrate that the regional PM10 emissions and PM10

precursor emissions, where applicable, (for PM10 nonattainment areas) and NOx emissions (for NO2

 nonattainment areas) predicted in the Action scenario are less 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 first milestone year (if any) and the analysis years.

C. Demonstrate that when the projects in the transportation plan

and all other regionally significant transportation projects

expected in the nonattainment area are implemented, the transportation system’s total highway and transit emissions of

PM10 in a PM10 nonattainment area (and transportationrelated precursors of PM10 in PM10 nonattainment areas if the

EPA Regional Administrator or the Director of ADEQ has

made a finding that such precursor emissions from within the

nonattainment area are a significant contributor to the PM10

nonattainment problem and has so notified the MPO and

USDOT) and of NOx in an NO2 nonattainment area will not

be greater than baseline levels, by performing a regional emissions analysis as follows:

1. Determine the baseline regional emissions of PM10 and

PM10 precursors, where applicable (for PM10 nonattainment areas) and NOx (for NO2

 nonattainment areas) from

highway and transit sources. Baseline emissions are those

estimated to have occurred during calendar year 1990,

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 pollutant or pollutants from the entire transportation system, including

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 analysis

year shall be no later than 1996 (for NO2

 areas) or four

years and six months following the date of designation

(for PM10 areas). 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 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 emissions

estimated in subsection (C)(2) are no greater than baseline emissions of PM10 and PM10 precursors, where

applicable (for PM10 nonattainment areas) or NOx (for

NO2 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 PM10 and O2

 Areas (TIP)

A. A TIP shall contribute to emission reductions or shall not

increase emissions in PM10 and NO2 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 may be satisfied if the requirements of either subsection (B) or subsection

(C) are met.

B. Demonstrate that implementation of the plan and TIP and all

other regionally significant transportation projects expected in

the nonattainment area will contribute to reductions in emissions of PM10 in a PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if

the EPA Regional Administrator or the Director of ADEQ has

made a finding that such precursor emissions from within the

nonattainment area are a significant contributor to the PM10

nonattainment problem and has so notified the MPO and

USDOT) and of NOx in an NO2 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 Baseline 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 each analysis

year from travel on the transportation systems defined by

the Baseline and Action scenarios as required by R18-2-

1425(B)(3), and make the demonstration required by

R18-2-1425(B)(4).

C. Demonstrate that when the projects in the transportation plan

and TIP and all other regionally significant transportation

projects expected in the area are implemented, the transportation system’s total highway and transit emissions of PM10 in a

PM10 nonattainment area (and transportation-related precursors of PM10 in PM10 nonattainment areas if the EPA Regional

Administrator or the Director of ADEQ has made a finding

that such precursor emissions from within the nonattainment

area are a significant contributor to the PM10 nonattainment

problem and has so notified the MPO and USDOT) and of

NOx in an NO2

 nonattainment area will not be greater than
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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 PM10 and O2

 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 reductions or shall

not increase emissions in PM10 and NO2

 nonattainment areas. This

criterion applies during the interim and transitional periods only.

This criterion is met if a regional emissions analysis is performed

which meets the requirements of R18-2-1425 and which includes

the transportation plan and project 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 transportation plan or

TIP, and R18-2-1425(B) is used to demonstrate satisfaction of this

criterion, the Baseline scenario shall include the project with its

original design concept and scope, and the Action scenario 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 the Control

Strategy Period

A. For areas which submit a control strategy implementation plan

revision after November 24, 1993:

1. The transportation plan and TIP shall be demonstrated 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 days

following 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 procedures 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 control

strategy 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 strategy implementation 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 conformity status of the transportation plan and TIP shall lapse

120 days after EPA’s disapproval, and no new projectlevel conformity determinations may be made. No new

transportation plan, TIP, or project may be found to conform until another control strategy implementation plan

revision is submitted and conformity is demonstrated

according to transitional period criteria and procedures.

3. Notwithstanding subsection (A)(2), if EPA disapproves

the submitted control strategy implementation plan revision but determines that the control strategy contained in

the revision would have been considered approvable 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 12 months following

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 and

found to be complete.

B. For areas which have not submitted a control strategy implementation plan revision:

1. For areas whose CAA deadline for submission of the 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 failure

to submit a control strategy implementation plan revision,

which initiates the sanction process under CAA §§ 179 or

110(m) all of the following shall apply:

a. No new transportation plans or TIPs may be found

to 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, and

no new project-level conformity determinations may

be made.

2. For areas whose CAA deadline for submission of the control strategy implementation plan was before November

24, 1993, and EPA has made a finding of failure to submit

a control strategy implementation plan revision, which

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 submitted by the state is incomplete, which 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 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, and

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 incompleteness determination. The conformity status of
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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 implementation plan revision is submitted to EPA and

found to be complete.

2. For areas where EPA has determined before November

24, 1993, that the control strategy implementation plan

revision is incomplete, which 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. 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 incompleteness 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 implementation plan revision is submitted to EPA and

found to be complete.

D. For areas which submitted a control strategy implementation

plan before November 24, 1993:

1. The transportation plan and TIP shall have been demonstrated to conform according to transitional period criteria

and procedures by November 25, 1994. Otherwise, their

conformity status will lapse, and no new project-level

conformity determinations may be made. From and after

February 22, 1994, new transportation plans and TIPs

shall demonstrate conformity according to transitional

period criteria and procedures.

2. If EPA has disapproved the most recent control strategy

implementation plan submission, the conformity status of

the transportation plan and TIP shall lapse March 24,

1994, and no new project-level conformity determinations may be made. No new transportation plans, TIPs, or

projects may be found to conform until another control

strategy implementation plan revision is submitted and

conformity is demonstrated according to transitional

period criteria and procedures.

3. Notwithstanding subsection (D)(2), if EPA has disapproved the submitted control strategy implementation

plan revision but determines that the control strategy contained in the revision would have been considered

approvable 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 until

November 25, 1994. The conformity status of the transportation plan and TIP shall lapse November 25, 1994,

unless another control strategy implementation plan revision 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 transitional

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 capacity (a

new general purpose highway on a new location or adding 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 determination estimates for the Action scenario, as required by

R18-2-1422 through R18-2-1427, compare to the motor

vehicle emissions budget in the implementation plan submission or the projected motor vehicle emissions budget

in the implementation plan under development.

2. In the event of unresolved disputes on such project-level

conformity determinations, ADEQ may escalate the issue

to the governor consistent with the procedure in R18-2-

1405, which applies for ADEQ comments on a conformity determination.

F. Redetermination of conformity of the existing transportation

plan and TIP according to the transitional period criteria and

procedures:

1. The redetermination of the conformity of the existing

transportation plan and TIP according to transitional

period criteria and procedures (as required by subsections

(A)(1) and (D)(1)) does not require new emissions analysis and does not have to satisfy the requirements of R18-

2-1410 and R18-2-1411 if all of the following are met:

a. The control strategy implementation plan revision

submitted to EPA uses the MPO’s modeling of the

existing transportation plan and TIP for its projections 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 subsection (F)(1) is not considered a conformity determination

for the purposes of R18-2-1404(E) or R18-2-1404(I)

regarding the maximum intervals between conformity

determinations. Conformity shall be determined according to all the applicable criteria and procedures of 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 submitted to

EPA November 15, 1994, even if the area has submitted

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 photochemical dispersion modeling to demonstrate the “specific

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 November

15, 1994, does not submit such demonstration by that

date. The requirements of subsection (B)(1) apply in this

case even if the area has submitted the 15% emission

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 demonstrate

reasonable further progress and attainment. If an area listed in

R18-2-1436 submits a control strategy implementation plan

revision, the requirements of subsections (A) and (E) apply.

Because the areas listed in R18-2-1436 are not required to
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Department of Environmental Quality – Air Pollution Control

demonstrate reasonable further progress and attainment and

therefore have no CAA deadline, the provisions of subsection

(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 subsection (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 following:

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 transportation

project, regardless of funding source, without first determining

whether the transportation project is regionally significant. In

making this determination, the recipient shall not take any

action that is inconsistent with the procedures developed 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 regionally significant highway or transit project, regardless of funding

source, unless both of the following apply:

1. There is a currently conforming transportation plan 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 not

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 emissions budget in the applicable implementation plan

consistent with the requirements of R18-2-1420.

d. During Phase II of the interim period, the project

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 PM10 and NO2

 nonattainment areas).

e. During the transitional period, the project satisfies

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, not later

than September 1, 1995, develop and make available the procedures to be used by any recipient of federal funds designated

under 23 U.S.C. or the Federal Transit Act to comply with subsections (B) and (C). These procedures may be revised periodically, as needed, using the same consultation process. At a

minimum, such procedures shall provide for the following:

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 recipient;

3. For transportation projects determined to be regionally

significant, the documentation necessary to demonstrate

that the requirements of 23 CFR 450.324(e), (g), and (h)

have been met.

E. After a transportation project is adopted or approved, no subsequent act defined as adoption or approval under this Section

or under procedures developed to implement this Section shall

be subject to subsection (B) or (C), unless project’s design

concept or scope have changed significantly since the project

was first adopted or approved.

F. A regionally significant transportation project found to be in

conformity, either as a result of a TIP or a separate project

analysis, shall retain such conformity finding, irrespective of

subsequent analysis, unless the project fails to meet the conditions of its approval or undergoes a significant change in

scope. In any event, a conformity determination shall lapse

after three years in the absence of a redetermination; except

that a project undergoing NEPA approval shall retain 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 Transportation-related Emissions

A. The following are general requirements for determining

regional transportation-related emissions:

1. The regional emissions analysis for the transportation

plan, TIP, or project not from a conforming plan and TIP

shall include all regionally significant transportation

projects expected in the nonattainment or maintenance

area, including FHWA or FTA projects proposed in the

transportation plan and TIP and all other regionally significant transportation projects which are disclosed to

ADOT or the MPO as required by R18-2-1405. Projects

which are not regionally significant are not required to be

explicitly modeled, but VMT from such projects shall be

estimated in accordance with reasonable professional

practice. The effects of TCMs and similar projects that

are not regionally significant may also be estimated in

accordance with reasonable professional practice.

2. The emissions analysis may not include for emissions

reduction credit any TCMs which have been delayed

beyond the scheduled date until such time as implementation has been assured. If the TCM has been partially

implemented and it can be demonstrated that it is providing quantifiable emission reduction benefits, the emissions analysis may include that emissions reduction

credit.

3. Emissions reduction credit from projects, programs, or

activities which require a regulation in order to be implemented may not be included in the emissions analysis

unless the regulation is already adopted by the enforcing

jurisdiction. Adopted regulations are required for demand

management strategies for reducing emissions which are

not specifically identified in the applicable implementa-
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March 31, 2012 Page 163 Supp. 12-1

tion plan, and for control programs which are external to

the transportation system itself, such as tailpipe or evaporative emission standards, limits on gasoline volatility,

inspection and maintenance programs, and oxygenated or

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 EPA,

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 transitional period, control measures or programs which are

committed to in an implementation plan submission as

described in R18-2-1418 through R18-2-1420, but which

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 purpose 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 R18-2-1424

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 those used

to establish the emissions budget in the applicable implementation plan. Factors other than temperatures, for

example the fraction of travel in a hot stabilized engine

mode, may be modified after interagency consultation

according to R18-2-1405 if the newer estimates incorporate additional or more geographically specific information or represent a logically estimated trend in such

factors beyond the period considered in the applicable

implementation plan.

B. For serious, severe, and extreme ozone nonattainment areas

and serious carbon monoxide areas after January 1, 1995, estimates of regional transportation-related emissions used to support conformity determinations shall be made according to

procedures which meet the requirements in subsections (B)(1)

through (5).

1. A network-based transportation demand model or models

relating travel demand and transportation system performance to land-use patterns, population demographics,

employment, transportation infrastructure, and transportation policies shall be used to estimate travel within the

metropolitan planning area of the nonattainment area.

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 against

ground counts for a base year that is not more than

10 years prior to the date of the conformity determination. Land use, population, and other inputs shall

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 trips

between origin and destination pairs shall be in reasonable agreement with the travel times which result

from the process of assignment of trips to network

links. Where use of transit currently is anticipated to

be a significant factor in satisfying transportation

demand, 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 correspondence 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 accessibility

of destinations via the transportation system, including pricing, is strongly encouraged but not specifically required, unless the network model is capable

of 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 not

specifically required, unless the network model is

capable of such determinations and the necessary

information is available.

k. Consideration of emissions increases from construction-related congestion is not specifically required.

2. Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled shall be considered the

primary measure of vehicle miles traveled within the portion of the nonattainment or maintenance area and for the

functional classes of roadways included in HPMS, for

urban areas which are sampled on a separate urban area

basis. A factor or factors shall be developed to reconcile

and calibrate the network-based model estimates of vehicle miles traveled in the base year of its validation to the

HPMS estimates for the same period, and these factors

shall be applied to model estimates of future vehicle

miles traveled. In this factoring process, consideration

will be given to differences in the facility coverage of the

HPMS and the modeled network description. Departure

from these procedures is permitted with the concurrence

of USDOT and EPA.

3. Reasonable methods shall be used to estimate nonattainment area vehicle travel on off-network roadways within

the urban transportation planning area and on roadways

outside the urban transportation planning area.

4. Reasonable methods in accordance with good practice

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 requirements

of subsection (A) shall be used in all areas not subject to

subsection (A) in which those procedures have been the

previous practice of the MPO.
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2. Regional emissions may be estimated by methods which

do not explicitly or comprehensively account for the

influence of land use and transportation infrastructure on

vehicle miles traveled and traffic speeds and congestion.

Such methods shall account for VMT growth by extrapolating historical VMT or projecting future VMT by considering growth in population and historical growth

trends for vehicle miles travelled per person. These methods shall also consider future economic activity, transit

alternatives, and transportation system policies.

D. This subsection applies to any nonattainment or maintenance

area or any portion thereof which does not have a metropolitan

transportation plan or TIP and whose projects are not part of

the emissions analysis of any MPO’s metropolitan transportation plan or TIP (because the nonattainment or maintenance

area or portion thereof does not contain a metropolitan planning area or portion of a metropolitan planning area and is not

part of a Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area which is or contains a nonattainment 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 analysis 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 which

reference “transportation plan” or “TIP” shall be taken to

mean those projects in the statewide transportation plan

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 satisfied 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 nonattainment 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 time

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 PM10 as a contributor to the nonattainment problem, the fugitive PM10 emissions associated

with highway and transit project construction are not required

to be considered in the regional emissions analysis.

F. In PM10 nonattainment and maintenance areas with implementation plans which identify construction-related fugitive

PM10 as a contributor to the nonattainment problem, the

regional PM10 emissions analysis shall consider constructionrelated fugitive PM10 and shall account for the level of construction activity, the fugitive PM10 control measures in the

applicable implementation plan, and the dust-producing

capacity of the proposed activities.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

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

PM10 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 (“Guideline

on Air Quality Models (Revised)” (1988), supplement (A)

(1987) and supplement (B) (1993), EPA publication no. 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 determined to

be inappropriate:

1. For projects in or affecting locations, areas, or categories

of sites which are identified in the applicable implementation plan as sites of current violation or possible 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 new

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 volumes;

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-Service;

5. Where use of the “Guideline” models is practicable 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 project and may

be performed only after the major design features which will

significantly impact CO concentrations have been identified.

The background concentration may be estimated using the

ratio of future to current traffic multiplied by the ratio of future

to current emission factors.

D. PM10 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 identical vehicle and roadway emission and dispersion characteristics

(including sites near one at which a violation has been monitored). The projects which require PM10 hot-spot analysis

shall be determined through the interagency consultation process required in R18-2-1405. In PM10 nonattainment and

maintenance areas, new or expanded bus and rail terminals

and transfer points which increase the number of diesel 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 points based on

appropriate modeling of various terminal sizes, configurations,

and activity levels. The requirements of this subsection for

quantitative hot-spot analysis will not take effect until EPA

releases modeling guidance on this subject and announces in

the Federal Register that these requirements are in effect.

E. Hot-spot analysis assumptions shall be consistent with those in

the regional emissions analysis for those inputs which are

required for both analyses.

F. PM10 or CO mitigation or control measures shall be assumed

in the hot-spot analysis only where there are enforceable written commitments from the project sponsor or operator to the

implementation of such measures, as required by R18-2-

1433(A).
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March 31, 2012 Page 165 Supp. 12-1

G. CO and PM10 hot-spot analyses are not required to consider

construction-related activities which cause temporary

increases in emissions. Each site which is affected by construction-related activities shall be considered separately,

using established “Guideline” methods. Temporary increases

are defined as those which occur only during the construction

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 Budget in the

Applicable Implementation Plan or Implementation Plan Submission

A. In interpreting an applicable implementation plan or 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 are not

explicitly intended by the implementation plan or submission.

Unless the implementation plan explicitly quantifies the

amount by which motor vehicle emissions could be higher

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 additional amount

should be available to ADOT or the MPO and USDOT in the

emission budget for conformity purposes, ADOT or the MPO

may not interpret the budget to be higher than the implementation plan’s estimate of future emissions. This applies in particular to applicable implementation plans or submissions which

demonstrate that after implementation of control measures 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 achieving attainment prior to the attainment deadline or ambient concentrations in the attainment deadline year will be lower than

needed to demonstrate attainment.

3. Emissions will be lower than needed to provide for continued maintenance.

B. If an applicable implementation plan submitted before

November 24, 1993, demonstrates that emissions from all

sources will be less than the total emissions that would be consistent with attainment and quantifies that “safety margin,” the

state may submit a SIP revision which assigns some or all of

this safety margin to highway and transit mobile sources for

the purposes of conformity. Such a SIP revision, once 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 emissions among

budgets which the applicable implementation plan or implementation plan submission allocates for different pollutants or

precursors, or among budgets allocated to motor vehicles and

other sources, without a SIP revision or a SIP which establishes mechanisms for such trades.

D. If the applicable implementation plan or implementation plan

submission estimates future emissions by geographic subarea

of the nonattainment area, ADOT or the MPO where one

exists and USDOT are not required to consider this to establish

subarea budgets, unless the applicable implementation 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 each MPO.

Otherwise, the MPOs shall collectively make a conformity

determination for the entire nonattainment area.

Historical ote

Adopted effective June 15, 1995 (Supp. 95-2).

R18-2-1433. Enforceability of Design Concept and Scope 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 recipient of

funds designated under 23 U.S.C. or the Federal Transit Act,

FHWA, or FTA shall obtain from the project sponsor or operator enforceable written commitments to implement in the construction of the project and operation of the resulting facility or

service any project-level mitigation or control measures which

are identified as conditions for NEPA process completion with

respect to local PM10 or CO impacts. Before making conformity determinations enforceable written commitments shall

also be obtained for project-level mitigation or control measures which are conditions for making conformity determinations for a transportation plan or TIP and included in the

project design concept and scope which is used in the regional

emissions analysis required by R18-2-1418 through R18-2-

1420 and R18-2-1422 through R18-2-1424 or used in the

project-level hot-spot analysis required by R18-2-1416 and

R18-2-1421.

B. Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations shall provide enforceable written commitments and comply with the

obligations of such commitments.

C. Enforceable written commitments to mitigation or control

measures shall be obtained prior to a positive conformity

determination, and that project sponsors shall comply with

such commitments.

D. During the control strategy and maintenance periods, if

ADOT, the MPO, or project sponsor believes the mitigation or

control measure is no longer necessary for conformity, the

project sponsor or operator may be relieved of its obligation to

implement the mitigation or control measure if it can demonstrate that the requirements of R18-2-1416, R18-2-1418, and

R18-2-1419 are satisfied without the mitigation or control

measure and so notifies the agencies involved in the interagency consultation process required under R18-2-1405.

ADOT or the MPO where one exists and USDOT shall confirm that the transportation plan and TIP still satisfy the

requirements of R18-2-1418 and R18-2-1419 and that the

project still satisfies the requirements of R18-2-1416, and

therefore that the conformity determinations for the 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 subpart, 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 particular 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 project) or the

FTA (in the case of a transit project) concur that it has potentially

adverse emissions impacts for any reason. States and MPOs shall

ensure that exempt projects do not interfere with TCM implementation.

Table 2

Exempt Projects

SAFETY

1. Railroad or highway crossing.

2. Hazard elimination program.
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Department of Environmental Quality – Air Pollution Control

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 bridges (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 PM10 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 information

kiosks.

8. Reconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals, and ancillary structures).

9. Rehabilitation or reconstruction of track structures, track, and

trackbed in existing rights-of-way.

10. Purchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet. (In PM10 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 maintenance facilities categorically excluded in 23 CFR 771.

AIR QUALITY

1. Continuation of ride-sharing and van-pooling promotion 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 environmental

effects of the proposed action or alternatives to that action.

3. Noise attenuation.

4. Advance land acquisitions (23 CFR 712 or 23 CFR 771).

5. Acquisition of scenic easements.

6. Plantings, landscaping, etc.

7. Sign removal.

8. Directional and informational signs.

9. Transportation enhancement activities (except rehabilitation

and operation of historic transportation buildings, structures,

or facilities).

10. Repair of damage caused by natural disasters, civil unrest, or

terrorist acts, except projects involving substantial 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 subpart, 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 PM10 concentrations shall be considered to determine if a hot-spot analysis is required prior to making a

project-level conformity determination. These projects 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 highway 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 Areas

Which are ot Required to Demonstrate Reasonable Further

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 ppm or

less,

7. Not classified CO areas.

B. The criteria and procedures in R18-2-1422 through R18-2-

1424 will remain in effect throughout the control strategy

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 provided in

subsection (C).

C. The state or MPO may voluntarily develop an attainment demonstration and corresponding motor vehicle emissions budget

like those required in areas with higher nonattainment classifications. In this case, the state shall submit an implementation

plan revision which contains that budget and attainment demonstration. Once EPA has approved this implementation plan

revision, the procedures in R18-2-1418 through R18-2-1420

apply in lieu of the procedures in R18-2-1422 through 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 Conformity 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. These 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 Federal

Actions to State or Federal Implementation Plans (58 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 human

activities such as thinning or logging.

2. “ADEQ” means the Department of Environmental Quality.

3. “Annual emissions goal” means the annual establishment

in cooperation with the F/SLMs, under R18-2-1503(G),

of a planned quantifiable value of emissions reduction

from prescribed fires and fuels management activities.

4. “Burn plan” means the ADEQ form that includes information on the conditions under which a burn will occur

with details of the burn and smoke management prescriptions.

5. “Burn prescription” means, with regard to a burn project,

the pre-determined area, fuel, and weather conditions

required to attain planned resource management objectives.

6. “Burn project” means an active or planned prescribed

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 methods

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, including 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 designated by a F/SLM as responsible for fire management in a

local district or area.

12. “Mop-up” means the act of extinguishing or removing

burning material from a prescribed fire to reduce smoke

impacts.

13. “National Wildfire Coordinating Group” means the

national inter-agency group of federal and state land managers that shares similar wildfire suppression programs

and has established standardized inter-agency training

courses and qualifications for fire management positions.

14. “Non-burning alternatives to fire” means techniques that

replace fire for at least five years as a means to treat activity fuels created to achieve a particular land management

objective (e.g., reduction of fuel-loading, manipulation of

fuels, enhancement of wildlife habitat, and ecosystem

restoration). These alternatives are not used in conjunction with fire. Techniques used in conjunction with fire

are referred to as emission reduction techniques (ERTs).

15. “Planned resource management objectives” means public

interest goals in support of land management agency

objectives including silviculture, wildlife habitat management, grazing enhancement, fire hazard reduction, wilderness management, cultural scene maintenance, weed

abatement, watershed rehabilitation, vegetative manipulation, and disease and pest prevention.

16. “Prescribed burning” means the controlled application 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 by the

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 by a 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 designated by

a F/SLM as responsible for prescribed burning for that

land manager.

18. “Smoke management prescription” means the predetermined 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 management and dispersion practices used during a prescribed

burn or wildland fire use incident which affect the direction, duration, height, or density of smoke.

20. “Smoke management unit” means any of the geographic

areas defined by ADEQ whose area is based on primary

watershed boundaries and whose outline is determined by

diurnal windflow patterns that allow smoke to follow predictable drainage patterns. A map of the state divided 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 government

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 subject to

appropriate control measures. Wildfires include those

incidents where suppression may be limited for safety,

economic, or resource concerns.

23. “Wildland fire use” means a wildland fire that is ignited

by natural causes, such as lightning, and is managed

using the same controls and for the same planned

resource management objectives as prescribed burning.

Historical ote

Adopted effective October 8, 1996 (Supp. 96-4). 

Amended by final rulemaking at 10 A.A.R. 388, effective 

March 16, 2004 (Supp. 04-1).

R18-2-1502. Applicability

A. A F/SLM that is conducting or assisting a prescribed burn

shall follow the requirements of this Article.
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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 of the state

except Indian Trust lands. All federally managed lands and all

state lands, parks, and forests are under the jurisdiction of

ADEQ in matters relating to air pollution from prescribed

burning.

D. Notwithstanding subsection (C), ADEQ and any Indian tribe

may enter into a memorandum of agreement to implement 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, effective 

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, including areas

planned for wildland fire use.

B. Each planned year extends from January 1 of the registration

year to December 31 of the same year. Each F/SLM shall 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 technical support to ADEQ for decisions regarding prescribed burning.

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, maximum daily acres to be burned, fuel types within project

area, and planned use of emission reduction techniques to

support the annual emissions goal for each prescribed

burn project;

5. Planned use of any smoke management techniques for

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 during 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 to fire

during the previous year including the number of acres,

the specific types of alternatives utilized, and the location

of these areas.

D. After consultation with the F/SLM, ADEQ may request additional information for registration of prescribed burns 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 registration. If an

electronic means is used, the F/SLM shall deliver the original

paper registration form to ADEQ for its records. ADEQ shall

acknowledge in writing the receipt of each registration. 

G. ADEQ shall hold a meeting after January 31 and before April

1 of each year between ADEQ and F/SLMs to evaluate the

program and cooperatively establish the annual emission goal.

The annual emission goal shall be developed to minimize prescribed fire emissions to the maximum extent feasible using

emission reduction techniques and alternatives to burning subject to economic, technical, and safety feasibility criteria, 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 visibility

impairment and assessment of other air quality concerns by

ADEQ.

Historical ote

Adopted effective October 8, 1996 (Supp. 96-4). 

Amended by final rulemaking at 10 A.A.R. 388, effective 

March 16, 2004 (Supp. 04-1).

R18-2-1504. Prescribed Burn Plan

Each F/SLM planning a prescribed burn shall complete 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 permission 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 project.

Revisions to the Burn Plan for a burn project shall be submitted in

writing no later than 14 days before the date on which the F/SLM

requests permission to burn. To facilitate the Daily Burn authorization process under R18-2-1505, the F/SLM shall include 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 and type

of fuel, type of burn, and the ignition technique to 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 potential impact shall be determined by mapping both the daytime and nighttime smoke path and down-drainage flow

for 15 miles from the burn site, with smoke-sensitive

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 orally

or in writing by ADEQ, for burns greater than 250 acres

per day, or greater than 50 acres per day if the burn 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 guidelines

on modeling;

8. The name of the official submitting the Burn Plan on

behalf of the F/SLM; and
Arizona 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 information

to support the Burn Plan needed by ADEQ to assist in the

Daily Burn authorization process for smoke management

purposes or assessment of contribution to visibility

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, effective 

March 16, 2004 (Supp. 04-1).

R18-2-1505. Prescribed Burn Requests and Authorization

A. Each F/SLM planning a prescribed burn, shall complete and

submit to ADEQ the “Daily Burn Request” form supplied 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 Burn

Request is submitted, with reference to the Burn Plan,

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 the F/

SLM that, if conveyed to ADEQ, could impact the Daily

Burn authorization process.

B. After consultation with the F/SLM, ADEQ may request additional information related to the burn, meteorological, smoke

dispersion, or air quality conditions to supplement the Daily

Burn Request form and to aid in the Daily Burn authorization

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 original 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 disapprove 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 burner

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 or

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 appropriate

action to reduce further smoke impacts, ensure safe and appropriate fire control, and notify the public when necessary. After

consultation with ADEQ, the smoke management prescription

or burn plan may be modified.

F. The F/SLM shall ensure that there is appropriate signage and

notification to protect public safety on transportation corridors

including roadways and airports during a prescribed fire. 

Historical ote

Adopted effective October 8, 1996 (Supp. 96-4). 

Amended by final rulemaking at 10 A.A.R. 388, effective 

March 16, 2004 (Supp. 04-1).

R18-2-1506. Smoke Dispersion Evaluation

ADEQ shall approve, approve with conditions, or disapprove a

Daily Burn Request submitted under R18-2-1505, by using 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 use 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-term

growth;

4. Local burn conditions;

5. Burn prescription and smoke management prescription

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 Class I Areas

under § 169A(a)(1) of the Act and 40 CFR 51.309;

10. Assessment of duration and intensity of smoke emissions

to minimize cumulative impacts; 

11. Minimization of smoke impacts in Class I Areas, areas

that are non-attainment for particulate matter, carbon

monoxide non-attainment areas, or other smoke-sensitive

areas; and

12. Protection of the National Ambient Air Quality Standards.

Historical ote

Adopted effective October 8, 1996 (Supp. 96-4). 

Amended by final rulemaking at 10 A.A.R. 388, effective 

March 16, 2004 (Supp. 04-1).

R18-2-1507. Prescribed Burn Accomplishment; Wildfire

Reporting

A. Each F/SLM conducting a prescribed burn shall complete and

submit to ADEQ the “Burn Accomplishment” form supplied

by ADEQ. For each burn approval, the F/SLM shall submit a

Burn Accomplishment form to ADEQ by 2:00 p.m. of the

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 ERTs

and SMTs that become available, that the F/SLM used to

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 information transfer.

C. ADEQ shall maintain a record of Burn Requests, Burn

Approvals/Conditional Approvals/Denials and Burn Accomplishments for five years. 

D. The F/SLM in whose jurisdiction a wildfire occurs shall make

available to ADEQ no later than the day after the activity all

required information for wildfire incidents that burned 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 wildfire incident

that exceeds the daily activity threshold, the F/SLM shall provide the location, an estimate of predominant fuel type and

quantity consumed, and an estimate of the area blackened that

day.
Supp. 12-1 Page 170 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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, effective 

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 fire use decision-making process, the F/SLM shall notify ADEQ as soon as

practicable of any wildland fire use incident projected to attain

or attaining a size of 50 acres of timber fuel or 250 acres of

brush or grass fuel.

B. For each wildland fire use incident that has been declared as

such by the F/SLM, the F/SLM shall complete and submit to

ADEQ a Wildland Fire Use Burn Plan in a format approved 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 wildland fire

use incident is declared or under consideration for such 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, and type

of fuel to be burned;

5. The anticipated maximum allowable perimeter or size

with map;

6. Information on the condition of the area to be burned,

such as whether it is in maintenance or restoration, its

ecological function, and other indicators of fire resiliency;

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 both the

daytime and nighttime smoke path and down-drainage

flow for 15 miles from the wildland fire use incident,

with smoke-sensitive areas delineated. Mapping is mandatory unless waived either orally or in writing by

ADEQ. The map shall use the appropriate scale to show

the impacts of the smoke adequately; and

10. Modeling or monitoring of smoke impacts, if requested

by ADEQ after consultation with the F/SLM.

C. ADEQ shall approve or disapprove a Wildland Fire Use Burn

Plan within three hours of receipt. ADEQ shall consult directly

with the requesting F/SLM before disapproving a Wildland

Fire Use Burn Plan. If ADEQ fails to address the Wildland

Fire Use Burn Plan within the time allotted, the Plan 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 Use

Burn Plan is binding upon ADEQ for the duration of the wildland fire use incident, unless smoke from the incident creates a

threat to public health or welfare. If a threat to public health or

welfare is created, ADEQ shall consult with the F/SLM

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 each wildland fire use incident to ADEQ for each day of the burn that

the fire burns more than 100 acres in timber or slash fuels or

300 acres in brush or grass fuels. The F/SLM shall include a

synopsis of smoke behavior, future daily anticipated growth,

and location of the activity of the wildland fire use incident in

the Daily Status Report.

E. The F/SLM shall consult with ADEQ prior to initiating

human-made ignition on the wildland fire use incident when

greater than 250 acres is anticipated to be burned by the ignition. Emergency human-made ignition on the incident for protection of public or fire-fighter safety does not require

consultation with ADEQ regardless of the size of the area to be

burned.

F. The F/SLM shall ensure that there is appropriate signage and

notification to protect public safety on transportation corridors

including roadways and airports during a wildland fire use

incident.

Historical ote

Adopted effective October 8, 1996 (Supp. 96-4). 

Amended by final rulemaking at 10 A.A.R. 388, effective 

March 16, 2004 (Supp. 04-1).

R18-2-1509. Emission Reduction Techniques

A. Each F/SLM conducting a prescribed burn shall implement as

many Emission Reduction Techniques as are feasible subject

to economic, technical, and safety feasibility criteria, and land

management objectives. 

B. Emission Reduction Techniques include:

1. Reducing biomass to be burned by use of techniques such

as yarding or consolidation of unmerchandisable material, multi-product timber sales, or public firewood

access, when economically feasible;

2. Reducing biomass to be burned by fuel exclusion practices such as preventing the fire from consuming dead

snags or dead and downed woody material through lining, application of fire-retardant foam, or water;

3. Using mass ignition techniques such as aerial ignition 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 management 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 burning

under conditions of high fuel moisture of large woody

fuels;

7. Minimizing soil content when slash piles are constructed

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 specifications and meeting applicable state or local opacity

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, effective 

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 implement as

many Smoke Management Techniques as are feasible subject

to economic, technical, and safety feasibility criteria, and land

management objectives.

B. Smoke management techniques include:

1. Burning from March 15 through September 15, when

meteorological conditions allow for good smoke dispersion;

2. Igniting burns under good-to-excellent ventilation conditions;

3. Suspending operations under poor smoke dispersion conditions;

4. Considering smoke impacts on local community activities 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 ignition by

helicopter to produce high intensity fires with short duration impacts;

7. Using all opportunities that meet the burn prescription

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 windflow

patterns;

9. Providing information on the adverse impacts of using

green or wet wood as fuel when public firewood access is

allowed;

10. Implementing maintenance burning in a periodic rotation

to shorten prescribed fire duration and to reduce excessive fuel accumulations that could result in excessive

smoke production in a wildfire; and

11. Using wildland fire-use strategies to shift smoke 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. 388, 

effective March 16, 2004 (Supp. 04-1).

R18-2-1511. Monitoring

A. ADEQ may require a F/SLM to monitor air quality before or

during a prescribed burn or a wildland fire use incident if necessary to assess smoke impacts. Air quality monitoring may be

conducted using both federal and non-federal reference

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 incident, if necessary to predict or assess smoke impacts. After consultation

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 shall give

ADEQ notice and an opportunity to comment before making

any change to a long-term established remote automated

weather station.

C. A F/SLM shall employ the following types of monitoring,

unless waived by ADEQ, for burns greater than 250 acres per

day, or greater than 50 acres per day if the burn is within 15

miles of a Class I Area, an area that is non-attainment for particulate matter, carbon monoxide, or ozone, or other smokesensitive area:

1. Smoke plume measurements, using a format supplied by

ADEQ; and

2. The release of pilot balloons (PIBALs) at the burn site to

verify needed wind speed, direction, and stability. Instead

of pilot balloons, a test burn at the burn site may be used

for specific prescribed burns on a case-by-case basis as

approved by ADEQ, to verify needed wind speed, direction, and stability.

D. An F/SLM shall make monitoring information required under

subsection (C) available to ADEQ on the business day following the burn ignition.

E. The F/SLM shall keep on file for one year following the 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 trained 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 qualifications.

B. A Prescribed Fire Boss or other local Fire Management

Officer of the F/SLM having jurisdiction over prescribed

burns shall have smoke management training obtained through

one of the following:

1. Successful completion of a National Wildfire Coordinating Group or F/SLM-equivalent course addressing smoke

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 Program;

Regional Coordination

A. The Director shall conduct a public education and awareness

program in cooperation with F/SLMs and other interested parties to inform the general public of the smoke management

program described by this Article. The program shall include

smoke impacts from prescribed fires and the role of prescribed

fire in natural ecosystems.

B. ADEQ shall make annual registration, prescribed burn

approval, and wildfire and wildland fire use activity information readily available to the public and to facilitate 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 verify the accuracy of the Daily Burn Request, Burn Plan, or Accomplishment data as well as matching burn approval with actual

conditions, smoke dispersion, and air quality impacts. Onground site inspection procedures and aerial surveillance shall

be coordinated by ADEQ and the F/SLM for safety purposes.
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 meteorological conditions at or near the burn site.

C. ADEQ may audit burn accomplishment data, smoke dispersion measurements, or weather measurements from previously

conducted burns, if necessary to verify conformity with, or

deviation from, procedures and authorizations approved by

ADEQ.

D. Deviation from procedures and authorizations approved by

ADEQ constitute a violation of this Article. Violations 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. Violations 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). Former 

Section R18-2-1514 repealed; new R18-2-1514 renumbered from R18-2-1513 and amended by final rulemaking 

at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1).

R18-2-1515. Forms; Electronic Copies; Information Transfers

A. ADEQ shall make available on paper and in electronically

readable format any form required to be developed by 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 electronic

transfers of information.

Historical ote

Adopted effective October 8, 1996 (Supp. 96-4). 

Amended by final rulemaking at 10 A.A.R. 388, effective 

March 16, 2004 (Supp. 04-1).

ARTICLE 16. VISIBILITY; REGIOAL HAZE

Article 16, consisting of Sections R18-2-1601 through R18-2-

1606, made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4).

R18-2-1601. Definitions

In addition to the definitions contained in Articles 1 and 4 of this

Chapter and A.R.S. § 49-401.01, the following definitions apply to

this Article:

1. “Best available retrofit technology (BART)” means an

emission limitation based on the degree of reduction

achievable through the application of the best system of

continuous emission reduction for each pollutant emitted

by an existing stationary facility. The emission limitation

is established on a case-by-case basis under R18-2-1605.

2. “Existing stationary facility” means any of the following

stationary sources of air pollutants, including any reconstructed source, which was not in operation before

August 7, 1962, and was in existence on August 7, 1977,

and has the potential to emit 250 tons per year or more of

any air pollutant. A person who determines potential 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 input; 

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 British

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 authority

over the Federal Class I area.

4. “Mandatory Federal Class I Area” means any area identified in 40 CFR 81.400 through 81.436.

5. “Reasonably attributable” means ascribable by visual

observation or other techniques described in R18-2-1604.

6. “Reasonably attributable visibility impairment” means

visibility impairment that is caused by the emission 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. 4541, 

effective December 2, 2003 (Supp. 03-4).

R18-2-1602. Applicability

This Article applies to any existing stationary source located in the

state that may reasonably be anticipated to cause or contribute to

visibility impairment in any mandatory Federal Class I area identified in 40 CFR 81.401 through 81.436. Mandatory Federal Class I

areas within Arizona are: Chiricahua National Monument Wilderness, Chiricahua Wilderness, Galiuro Wilderness, Grand Canyon

National Park, Mazatzal Wilderness, Mount Baldy Wilderness, Petrified Forest National Park, Pine Mountain Wilderness, Saguaro

Wilderness, Sierra Ancha Wilderness, Superstition Wilderness, and

Sycamore Canyon Wilderness.

Historical ote

New Section made by final rulemaking at 9 A.A.R. 4541, 

effective December 2, 2003 (Supp. 03-4).

R18-2-1603. Certification of Impairment

A. A Federal Land Manager with authority over a mandatory

Federal Class I area may certify to the Director, at any time,

that a reasonably attributable visibility impairment exists in a

mandatory Federal Class I area. The Director may also 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 Manager or

Director’s certification shall include:

1. The mandatory Federal Class I area for which visibility

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. 4541, 
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 Director shall

conduct an attribution analysis to identify each existing stationary source that may be reasonably anticipated to cause or

contribute to visibility impairment. The Director shall 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 analysis shall

be based on the following:

1. Monitoring information obtained through the Arizona

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 impairment;

2. Transport analysis or air quality modeling based upon

meteorological records to ascertain whether the pollutants

were transported to the mandatory Federal Class I area;

3. Other available studies, modeling analyses, and emissions 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, emitting the

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 the

source, a small group of sources, or other interested parties.

B. In conducting the attribution analysis, the Director shall use

monitoring information, meteorological records, and emissions inventories that represent times and locations reasonably

concurrent with the visibility impairment.

C. The Director shall issue a draft attribution finding that impairment has or has not occurred, and provide public notice of the

draft attribution finding. The Director shall publish notice of

the draft attribution finding in a newspaper of general circulation in each county containing the mandatory Federal Class I

area and the affected source. The Director shall provide at least

30 days from the date of the notice for public comment. 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 the draft attribution finding. The Director shall issue a final attribution finding after the public comment period. If the Director 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 R18-2-

1605.

Historical ote

New Section made by final rulemaking at 9 A.A.R. 4541, 

effective December 2, 2003 (Supp. 03-4).

R18-2-1605. BART Control Analysis; Finding

A. The Director shall analyze for BART controls each existing

stationary source for which a final attribution finding is made

under R18-2-1604(C). The Director shall consider the following factors:

1. Available control technology;

2. New source performance standards (NSPS) in Article 9;

3. Alternative control systems if retrofitting to comply with

applicable NSPS standards in Article 9 is infeasible;

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 proposed

emission control system;

9. Economic impacts associated with installing and operating the proposed emission control system; and

10. Degree of improvement in visibility anticipated to result

from application of the proposed emission control system.

B. The Director shall issue a draft BART finding, and provide

public notice of the draft BART finding. The Director shall

publish notice of the draft BART finding in a newspaper of

general circulation in each county containing the mandatory

Federal Class I area and the affected source. The Director shall

provide at least 30 days from the date of the notice for public

comment. 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 Director should 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 stationary

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 economic limitations on the applicability of measurement methodology to a

particular existing stationary source would make the imposition of an emission standard infeasible, the Director 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 operational standard. The standard, to the degree possible, shall set forth the

emission reduction to be achieved by implementation of the

design, equipment, work practice, or operation, and shall provide for compliance by means that achieve equivalent results.

D. The Director shall make a finding that the attributable source

satisfies the BART requirement if the attributable source:

1. Voluntarily applies best available retrofit technology;

2. Previously applied emission control standards equivalent

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 BART or a

standard under subsection (C) is infeasible at the time of the

finding, the Director shall require the attributable source to

install and operate BART at a later date when the Director

determines that BART or equivalent controls are feasible.

F. The Director shall provide for a BART control analysis of any

existing stationary source that might cause or contribute to

impairment of visibility in any mandatory Federal Class I area

identified under this Article at such time as the Administrator

determines new control technology for the pollutant becomes

reasonably available:

1. The pollutant is emitted by that existing stationary

source,
Supp. 12-1 Page 174 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

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 Federal

Class I area is reasonably attributable to the emissions of

that pollutant.

Historical ote

New Section made by final rulemaking at 9 A.A.R. 4541, 

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 obtain the 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. 4541, 

effective December 2, 2003 (Supp. 03-4).

R18-2-1607. Reserved

R18-2-1608. Reserved

R18-2-1609. Reserved

R18-2-1610. SO2

 Milestones and Backstop Trading Program;

Definitions

A. This rule implements the pre-trigger provisions of the SO2

Milestones and Backstop Trading Program required under 40

CFR 51.309(h)(2). Nothing in this Article waives any requirement otherwise in effect or subsequently required under any

other law or rules for new sources.

B. When used in this Article:

1. “Actual SO2 emissions” means total annual sulfur dioxide emissions determined according to R18-2-1611.

2. “Fugitive emissions” means those emissions that cannot

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 year

from 2003 to 2018 as provided in 40 CFR 51.309(h)(1).

4. “Western Backstop SO2 Trading Program” means the

program implemented under R18-2-1613.

Historical ote

New Section made by final rulemaking at 11 A.A.R. 386, 

effective December 20, 2004 (Supp. 04-4).

R18-2-1611. Applicability

A. All BART-eligible sources as defined in 40 CFR 51.301 that

are BART-eligible due to SO2 emissions are subject to the

requirements of this Section.

B. All stationary sources that have actual SO2 emissions of 100

tons or more per year are subject to the requirements of this

Section.

C. When determining actual SO2 emissions in subsection (B), the

Director shall not include fugitive emissions of a stationary

source unless that source belongs to one of the following 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 totaling

more than 250 million British thermal units per hour heat

input;

22. Petroleum storage and transfer units with a total 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 of 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. 386, 

effective December 20, 2004 (Supp. 04-4).

R18-2-1612. Pre-trigger Monitoring, Recordkeeping, and

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 SO2

 emissions, beginning with the 2003 emission inventory by 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 per year

with the submission of the annual emissions inventory as

required by subsection (A)(2);

4. Utilize appropriate emission factors and estimating methodology, and document the emissions monitoring or estimation methodology used by the source;

5. Include SO2

 emissions from start up, shut down, and

upset conditions in the annual total inventory;

6. Utilize, if an affected source, methods from 40 CFR Part

75 to measure and calculate SO2 emissions;

7. Maintain records that include the rate and period of SO2

emissions, the specific installation that is the source of

the SO2 emissions, type and efficiency of the air pollution

control equipment, and other information necessary to

quantify operation and emissions, and to evaluate pollution control;

8. Retain all records required under this Section for a minimum of 10 years from the date of record creation, or if

the records were the basis for an adjustment to a milestone under 40 CFR 51.309(h)(1), five years from the

date of a state implementation plan revision, whichever is

longer.

B. Duration and termination of pre-trigger requirements. Any stationary source that meets the criteria of R18-2-1611 after

December 10, 2004, shall continue to comply with R18-2-
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 SO2 emissions of

100 tons per year or more until either one year after the date of

program trigger, or the Director determines under 40 CFR

51.309(h)(3) that the regional SO2 2018 milestone was

achieved.

Historical ote

New Section made by final rulemaking at 11 A.A.R. 386, 

effective December 20, 2004 (Supp. 04-4). Section heading corrected at request of the Department, Office File 

No. M12-134, filed April 5, 2012 (Supp. 11-4).

R18-2-1613. Western Backstop SO2 Trading Program Trigger

The requirements of the Western Backstop SO2 Trading Program

contained in the Western Backstop SO2 Trading Program Model

Rule and Model Rule Supplement as adopted August 13, 2003 (and

no later amendments or editions) by the Western Regional Air Partnership (WRAP), are incorporated by reference and available

through the Western Regional Air Partnership at www.wrapair.org,

and the Director. The requirements shall apply to applicable sources

in the Model Rule and Model Rule Supplement beginning 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. 386, 

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 contained in Article 1

of this Chapter and A.R.S. § 49-401.01 apply to this Article unless

the context otherwise applies.

1. “Acute adverse effects to human health” means those

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 that

concentration of a hazardous air pollutant, in the ambient

air, above which the general population, including susceptible populations, could experience acute adverse

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 with the

Department.

4. “Ambient air concentration (AAC)” means that concentration 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, could

experience adverse effects to human health. 

5. “Arizona maximum achievable control technology” or

“AZMACT” means an emission standard that requires

the maximum degree of reduction in emissions of the

hazardous air pollutants subject to this Chapter, including

a prohibition on the emissions where achievable and that

the Director, according to R18-2-1707, has determined to

be achievable by an affected source to which the standard

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 released

from a process, stack, storage or fugitive emissions

point;

d. Are design, equipment, work practice, or operational

standards, including requirements for operator training 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 substance. 

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, in the

ambient air, above which the general population, including susceptible populations, could experience chronic

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 listed hazardous air pollutant.

11. “Major source of state hazardous air pollutants (HAPs)”

means:

a. A stationary source that emits or has the potential to

emit in the aggregate, including fugitive emissions,

10 tons per year or more of any state hazardous air

pollutant 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 pollutants that would increase its emissions to the qualifying levels in subsection (a).

12. “Minor source of state hazardous air pollutants (HAPs)”

means a stationary source that emits or has the potential

to emit, including fugitive emissions, one ton or more but

less than 10 tons per year of any hazardous air pollutant

or two and one-half tons or more but less than 25 tons per

year of any combination of hazardous air pollutants.

13. “Modification” or “modify” means a physical change in,

or change in the method of operation of, a source that

increases the actual emissions of any state hazardous air

pollutant (HAP) emitted by the source by more than any

de minimis amount listed in Table 1, or which results 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 total

source emissions that exceed 1 tpy of any individual 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 implemented or planned by the source, qualifies for an

alternative emission limitation under § 112(i)(5) of

the Clean Air Act;

b. The Clean Air Act § 112(d) or (f) imposes a standard

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 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 rea-
Supp. 12-1 Page 176 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

son of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. 792 - 825r;

e. The change is the use of an alternative fuel by reason

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 is

generated from municipal solid waste; 

g. The change is an increase in the hours of operation

or in the production rate, unless the change would be

prohibited under an enforceable permit condition; or

h. The change is any change in ownership at a stationary source.

14. “Potential to emit” or “potential emission rate” means the

maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, taking into account

controls that are enforceable under any federal, state, or

local law, rule or regulation, or that are inherent in the

design of the source.

15. “SIC Code” means the standard industrial classification

code number for a source category derived from 1987

Standard Industrial Classification Manual (U.S. Office 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 which existing 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 14,247 

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/A 
Arizona 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 0.0042 

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 3,230 

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 4,522 
Supp. 12-1 Page 178 March 31, 2012

Title 18, Ch. 2 Arizona Administrative Code

Department of Environmental Quality – Air Pollution Control

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 CFR 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 under 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 including specific schedules for the regulation of source categories under

Section 112(e)(5) and 112(n), those provisions and schedules

shall apply to the regulation of those source categories.

D. For any category or subcategory of facilities licensed by the

Nuclear Regulatory Commission, the Director shall not adopt

or enforce any standard or limitation respecting emissions of

radionuclides which is more stringent than the standard or limitation adopted by the Administrator under Section 112 of the

Act.

E. The provisions of this Article shall not apply to sources for

which the Administrator has made one of the following 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 necessary,

or

2. A finding that the source should apply alternative control

strategies.

F. The provisions of this Article shall be effective January 1,

2007, and shall not apply to permits or significant permit revisions for which the Department receives the first application

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 1,295 

Xylene (Mixed Isomers) 98 644 
Arizona 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

1Not Elsewhere Classified

Historical ote

New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

R18-2-1703. State List of Hazardous Air Pollutants

The following federally listed hazardous air pollutants 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 71432)

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 Terminals
Supp. 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) (CAS

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 107062)

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 7664393)

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 75092)

115. Methylene diphenyl diisocyanate (MDI) (CAS 101688)

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 82688)

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 1336363)

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 75558)

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 1746016)

147. 1,1,2,2-Tetrachloroethane (CAS 79345)

148. Tetrachloroethylene (Perchloroethylene) (CAS 127184)

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 example KCN or Ca(CN)2

.)

179. Glycol ethers

a. Glycol ethers include mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol

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 emissions

from facilities manufacturing or processing glass, rock or

slag (or other mineral derived fibers) of average diameter

1 micrometer or less.

184. Nickel Compounds

185. Polycylic Organic Matter including organic compounds

with more than one benzene ring, and which have a boiling point greater than or equal to 100 degrees C.

186. Radionuclides, including radon. (Radionuclide is 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 application, of the types

and amounts of HAPs emitted by the source. The notice shall

include readily available data regarding emissions from the source.

The Director shall not require the owner or operator 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 that is subject

to R18-2-1702 must first obtain a permit or significant permit

revision that complies with Article 3 of this Chapter, and subsection (B) or (C).

B. A permit or significant permit revision that the Department

issues to a new or modified source that is subject to this program under R18-2-1702(A)(1) shall impose HAPRACT under

R18-2-1706, unless the applicant demonstrates, with a Risk

Management Analysis under R18-2-1708, that the imposition

of HAPRACT is not necessary to avoid adverse effects to

human health or adverse environmental effects.

C. A permit or significant permit revision that the Department

issues to a new or modified source that is subject to this program under R18-2-1702(A)(2) shall impose AZMACT under

R18-2-1707, unless the applicant demonstrates, with a Risk

Management Analysis under R18-2-1708, that the imposition

of AZMACT is not necessary to avoid adverse effects to

human health or adverse environmental effects. 

D. If the Director establishes a general permit establishing

HAPRACT according to Article 5 of this Chapter, the following apply: 

1. The owner or operator of a source covered by that general

permit 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 demonstration 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 authorization-to-operate granting a variance from the specific

provisions of the general permit relating to HAPRACT;

and 

3. Except as modified by a variance, the general permit governs the source.

E. When determining whether HAP emissions from a new source

or modification exceed the thresholds prescribed by R18-2-

1701(11) or (12), or a de minimis amount described in R18-2-

1701 Table 1, the Director shall exclude particulate 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 operations,

excavation, blasting, drilling, handling, storage, earth moving,

crushing, grinding or traffic over paved or unpaved roads, or

other similar activities. 

F. In addition to the requirements of Title 18, Chapter 2, Appendix 1 “Standard Permit Application Form and Filing Instructions,” an application for a permit or permit revision required

under this Section shall include one of the following:

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 technology or
Supp. 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. § 49-426.06

and this Section.

B. An applicant subject to R18-2-1705(B) shall propose

HAPRACT for the new source or modification, to be included

in the applicant’s permit or significant permit revision. The

applicant shall document each of the following steps:

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 practice in the United States; 

b. Controls applied to similar source categories, emissions units, or gas streams through technology transfer; 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 control

technology 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 pounds

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 control

technology; and

g. Energy impact of the proposed technology.

3. The applicant shall identify rejected control technologies

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 pounds

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 control

technology; and

g. Energy impact of the rejected control technologies.

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 in subsection (B).

1. If the Director finds that the applicant’s proposal 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 proposal fails to

comply with A.R.S. § 49-426.06 and this Section, the

Director shall:

a. Notify the applicant that the proposal fails to meet

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 Director

shall deny the application for a permit or permit revision.

D. If the Director finds that a reliable method of measuring HAP

emissions is not available, the Director shall require, in the

permit, the applicant to comply with a design, equipment,

work practice or operational standard, or combination 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 incompatible with

measures required under Article 11 or 40 CFR 63. An applicable control technology for a source or source category that is

promulgated by the Administrator shall supersede control

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 technology meets

the requirements of A.R.S. § 49-426.06 and this Section.

B. An applicant subject to R18-2-1705(C) shall propose

AZMACT for the new source or modification, to be included

in the applicant’s permit or permit revision. The applicant shall

document each of the following steps:

1. The applicant shall identify all available control options,

taking into consideration the measures cited in R18-2-

1701(5). The analysis shall include a survey of emission

sources to determine the most stringent emission limitation currently achieved in practice in the United States.

The survey may include technologies employed outside

of the United States, and may include controls applied

through technology transfer to similar source categories

and gas streams.

2. The applicant shall eliminate options that are technically

infeasible because of source-specific factors. The applicant shall clearly document the demonstration of technical infeasibility, and shall base the demonstration upon

physical, chemical and engineering barriers that would

preclude the successful use of each control option that the

applicant has eliminated.

3. The applicant shall list the remaining control technologies 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, for the

control technology proposed and for any control technology that is ranked higher than the proposed technology:

a. Estimated control efficiency, described by percent of

HAP removed;

b. Expected emission rate in tons per year and pounds

per hour;

c. Expected emission reduction in tons per year and

pounds per hour;

d. Economic impact and cost effectiveness;

e. Other environmental impact; and
Arizona 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 controls,

listed according to subsection (B)(3), and document the

results as follows:

a. For new major sources, the applicant shall consider

the factors described in subsection (B)(3) to arrive 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 in

the 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 applicant

shall evaluate the next most stringent technology in the list. The applicant shall continue the

evaluation process until the applicant arrives at

a 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 30

or more sources, the average emission limitation achieved by the best performing 12% of

the 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 average

emission 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 methodology not eliminated in the evaluation described in

subsection (B)(4); or 

b. An innovative technology that reduces emissions to

the extent achieved by the control technology that

the applicant otherwise would have proposed under

subsection (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 technology or methodology less stringent than any applicable federal New Source

Performance Standard (NSPS) at 40 CFR 60 or National 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 and this

Section. 

1. If the Director determines that the applicant’s proposal

complies with A.R.S. § 49-426.06 and this Section, the

Director shall include the applicant’s proposed AZMACT

selection in the permit or permit revision.

2. If the Director determines that the applicant’s proposal

does not comply with A.R.S. § 49-426.06 and this Section, the Director shall:

a. Notify the applicant that the proposal does not meet

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, the

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 comply 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 incompatible 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 category that is

promulgated by the Administrator shall supersede control

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 RMA

shall first apply for a permit or significant permit 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 risk

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 acute

exposure.

5. An applicant shall conduct an RMA for each state HAP

emitted by the source in greater than de minimis amounts.

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 of

hazardous 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, or

AZMACT, 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 Tier

4 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 that

is predicted in the ambient air with the relevant ambient

air concentration determined under subsection (C). 

a. If the predicted maximum concentration is less than

the relevant ambient air concentration, the Director

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 concentration:

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 4

method for determining maximum public exposure to state HAPs, under subsection (B)(3).

3. Tier 3: Modified 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).

a. For evaluation of acute exposure, the applicant shall

assume exposure in the ambient air.

b. For evaluation of chronic exposure:

i. The applicant may use exposure assumptions

consistent 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 the

proposed 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 than

the relevant ambient air concentration, the Director

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 concentration:

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 model.

The applicant shall employ either the SCREEN or a

refined air quality 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 shall

assume exposure in the ambient air.

b. For evaluation of chronic exposure:

i. The applicant may use exposure assumptions

consistent 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 the

proposed 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 documentation 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 for

conducting an RMA, consistent with the requirements of this Section, to the Director for the Director’s approval. If the Director does not approve the

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; or
Arizona 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 than

the relevant ambient air concentration, or if warranted under the factors listed in subsection

(B)(4)(c), the Director shall not require compliance

with HAPRACT under R18-2-1706, or AZMACT

under R18-2-1707.

f. Except as provided in subsection (B)(4)(e), if the

predicted maximum concentration is greater than or

equal to the relevant ambient air concentration, the

Director shall require compliance with HAPRACT

under R18-2-1706, or AZMACT under R18-2-1707.

C. Health-based Ambient Air Concentrations of State HAPs.

1. For state HAPs for which the Director has already determined an AAC, the applicant shall use the acute and

chronic values listed in Table 3.

Table 3. Acute and Chronic Ambient Air Concentrations

Chemical Acute AAC 

(mg/m3

) 

Chronic AAC 

(mg/m3) 

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-04 
Supp. 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-03 
Arizona 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 been

determined, the applicant shall determine the acute and

chronic AACs according to the process in Appendix 12.

3. For specific compounds included in state HAPS listed as

a group (e.g., arsenic compounds), the applicant may use

an AAC developed according to the process in Appendix

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 applicant

shall document each RMA performed for each state HAP and

shall include the following information:

1. The potential maximum public exposure of the state

HAP;

2. The method used to determine the potential maximum

public exposure:

a. For Tier 1, the calculation demonstrating that the

emissions of the state HAP are less than the healthbased ambient air concentration, determined under

subsection (C)(3).

b. For Tier 2, the input files to, and the results of 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 modeling;

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 determined

under subsection (C); and

4. Any voluntary emissions limitations that the applicant

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 effects to

human health or adverse environmental effects from operations within that range. Modifications to a source consistent

with the alternative operating scenario are not subject 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-01 
Supp. 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 deletes a pollutant to the federal list of hazardous air pollutants, under Section 112(b)(2) or 112(b)(3) of the Clean Air Act, the Director

shall adopt those revisions for the state list of HAPs in R18-2-

1703, unless the Director finds that there is no scientific evidence to support the revision.

B. The Director shall review the state list of HAPs and AACs at

least once every three years.

C. Based upon the review under subsection (B), the Director 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 concentrations for state HAPs;

3. The acute and chronic de minimis levels for state HAPs;

and

4. The list of included minor source categories at R18-2-

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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, effective 

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 application form

and the applicable statutes and regulations has been 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 guidance 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 Office of Air

Quality at the address and phone number given on the “Standard

Permit Application Form.”

In addition to the information required on the application form, the

applicant shall supply the following:

1. Description of the process to be carried out in each 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 desired by

applicant (include Source Classification Code).

4. Description of alternate operating scenario product, if

applicable.

5. A flow diagram for all processes.

6. A material balance for all processes (optional, only if

emission calculations are based on a material balance).

7. Emissions Related Information:

a. The source shall submit the potential emissions of

regulated air pollutants as defined in R18-2-101 for

all emission sources. Emissions shall be expressed

in pounds per hour, tons per year, and such other

terms 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, regardless of whether the source category in question is

included in the list of sources contained in the definition 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 pollutants

sufficient to verify which requirements are applicable to the source and sufficient to determine any fees

under this Chapter.

8. Citation and description of all applicable requirements as

defined in R18-2-101 including voluntarily accepted limits 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 needed 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 generators,

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 process

heat, and higher heating value of the fuel. For solid

fuels and fuel oils, state the potential sulfur and ash

content.

f. A description of all raw materials used and the maximum 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 practice standards affecting emissions.

11. A description of all process and control equipment 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 emission

areas.

i. Location of air pollution control equipment.

14. Air Pollution Control Information:

a. Description of or reference to any applicable test

method for determining compliance with each applicable requirement.

b. Identification, description and location of air pollution control equipment, including spray nozzles and

hoods, and compliance monitoring devices or activities.

c. The rated and operating efficiency of air pollution

control equipment.

d. Data necessary to establish required efficiency for

air pollution control equipment (e.g. air to cloth ratio

for baghouses, pressure drop for scrubbers, and warranty information).

e. Evidence that operation of the new or modified pollution 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 drawings are

acceptable for the purposes of supplying the information

required by any item in numbers 11, 12, or 14 of this

Appendix.

16. Compliance Plan:

a. A description of the compliance status of the source

with 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 will

meet 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 are

not 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 be

supplemental 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 for

sources required to have a schedule of compliance to

remedy a violation.

d. The compliance plan content requirements specified

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 voluntarily

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 which

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 certifications during the permit term to be submitted no less

frequently than annually, or more frequently if specified by the underlying applicable requirement or by

the permitting authority; and

d. A statement indicating the source’s compliance status with any applicable enhanced monitoring and

compliance certification requirements.

e. A certification of truth, accuracy, and completeness

pursuant to R18-2-304(H).

18. Acid Rain Program Compliance Plan: Sources subject to

the Federal acid rain regulations shall use nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations

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 compliance

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 or

facility, the application shall contain a determination of LAER that is consistent with the

requirements of the definition of LAER contained in R18-2-401. The demonstration shall

contain the data and information relied upon by

the 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 defined

in 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 source

or 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 by

the 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 or

all of the requirements of R18-2-406, the applicant shall provide sufficient information and

data 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 18, 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 receive 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, Elevation: 

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 Source Revision Renewal of Existing Permit

 Portable Source General Permit (Check all that apply.)

For renewal or modification, include existing permit number: 

Date of Commencement of Construction or Modification: 

Is any of the equipment to be leased to another individual or entity? Yes No 

11. Signature of Responsible Official of Organization: 

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 effective May 28, 1982 

(Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-5). Amended effective December 1, 1988 (Supp. 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, effective 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 approved for use as

directed by the Department under this Chapter. These standards are

incorporated by reference as applicable requirements 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, Superintendent of 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, effective 

May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004

(Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 

3305, effective October 3, 2005 (Supp. 05-3). Amended 

by final rulemaking at 13 A.A.R. 4199, effective January 

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 information:

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 last

name of the person making the entry.

2. Logs shall be kept for five years from the date created.

Logging shall be performed in indelible ink in a bound

log book with sequentially numbered pages, or in any

other form, including electronic format, approved by 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). Former 

Appendix 6 repealed, new Appendix 6 adopted effective 

July 7, 1978 (Supp. 78-4). Former Appendix 6 repealed 

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 correction, 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 smelting process as calculated in A8.1.1. multiplied by the fraction 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 weigh all sulfur-bearing materials, other than fuels, introduced into 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 accuracy of ± 5%.

A8.1.1.3. All devices or scales used for weighing shall be calibrated

to manufacturer’s specifications at least once a month.

A8.1.1.4. Sulfur-bearing materials subject to being weighed include

concentrate, cement copper, reverts that are discarded and not

part of the internal circulating load and precipitates. Materials

such as limestone and silica flux that are mixed with a charge

of sulfur bearing materials shall be weighed and reported by

the owner or operator.

A8.1.2. Sulfur Content

The owner or operator shall calculate the sulfur content of all

sulfur-bearing materials introduced into the smelting 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 in sampling

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. Railcar
Arizona 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-pound 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 sample from

each truck load. The owner or operator shall take samples 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 sample for analysis in the following manner:

A8.1.2.2.1. The sample shall be crushed to minus 1⁄4 inch particles.

A8.1.2.2.2. 2000 gm of the sample shall be split out using a

Jones Riffle Splitter or similar device.

A8.1.2.2.3. The 2000 gm sample shall be pulverized to minus

150 mesh.

A8.1.2.2.4. The pulverized mass shall be mixed using a rolling

cloth.

A8.1.2.2.5. 500 gm shall be split out for sample analysis.

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 (BaSO4

)

Gravimetric Method according to A8.4.3. The analysis shall

be accurate to within ± 1%.

A8.1.2.3.2. For purposes of comparison, the owner or 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 fuels by multiplying the amount of fuel that enters the process by the fraction of sulfur in the fuel, as reported to the smelter operator by

the fuel’s supplier. The sulfur content determination shall be

accurate to within ± 5%.

A8.2. Calculating Removed Sulfur

Total removed sulfur is the sum of the removed sulfur in each

of the following products as determined by each process set

forth below, or by other processes approved according 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 five-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 procedures

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 dust 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 dust and prepare

and analyze a sample for sulfur and copper using the 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 inventory of strong

acids daily by means of a manometer or sight glass, and

increase the inventory by the amounts of acid shipped or otherwise transferred during that day.

A8.2.3.2. The owner or operator shall ensure the daily 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 scrubber systems

by a time volumetric method of measurement in gallons 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 accuracy of within

± 5%.

A8.2.5.2. The owner or operator shall record the weight and number of castings.

A8.2.5.3. The owner or operator shall obtain a sample of the copper, either by the grab sample method while casting, or by the

use of at least three drill holes on a representative casting from

each charge.

A8.2.5.4. The owner or operator shall obtain at least one sample

from each charge.

A8.2.5.5. The owner or operator shall analyze each sample for sulfur content using the Barium Sulfate (BaSO4

) Gravimetric

Method according to A8.4.3. The analysis shall be accurate 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 the first or last

day of each month.

A8.2.6.2. The owner or operator shall calculate a monthly change

in in-process inventory for each material in process by taking

the difference between the inventory from each material in

process on the first or last day of the preceding month and

multiplying that difference by the monthly composite 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 accuracy of

within ±20% and a confidence level of 95%.

A8.3.1.2. The owner or operator shall operate and calibrate the sulfur dioxide emission monitoring and recording equipment

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 monitoring

required under R18-2-715.01(Q) shall consist of a detector and

recorder system capable of producing a permanent record of

all periods that the bypass is in operation.

A8.4. General Provisions

A8.4.1. For purposes of this Appendix, an approved alternative

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 this Appendix

shall be available for inspection, review and verification 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, Inc.,
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, 1006-1011, 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). Correction, Appendix 8, A8-2-1.1 (Supp. 77-2). Amended

effective May 28, 1982 (Supp. 82-3). Amended effective 

November 15, 1993 (Supp. 93-4). Amended by final rulemaking 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 specified in

applicable Sections, the requirements of this Appendix shall

apply to all continuous monitoring systems required under

applicable Sections.

A9.2. All continuous monitoring systems and monitoring

devices shall be installed and operational prior to conducting

performance tests under rule R18-2-312. Verification of operational status shall, as a minimum, consist of the following:

A9.2.1. For continuous monitoring systems referenced in A9.3.1.

below, completion of the conditioning period specified by

applicable requirements in the Arizona Testing Manual 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 applicable

Sections, completions of the manufacturer’s written requirements or recommendations for checking the operation or calibration of the device.

A9.3. During any performance tests required under rule 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 monitoring system

performance evaluations and furnish the Director within 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 in accordance with the following specifications and procedures:

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 Arizona Testing Manual and 40 CFR 60.

A9.3.1.1. Continuous monitoring systems for measuring opacity of

emissions shall comply with Performance Specification 1.

A9.3.1.2. Continuous monitoring systems for measuring nitrogen

oxides emissions shall comply with Performance Specification

2.

A9.3.1.3. Continuous monitoring systems for measuring sulfur

dioxide emissions shall comply with Performance Specification 2.

A9.3.1.4. Continuous monitoring systems for measuring the oxygen content or carbon dioxide content of effluent gases 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 except as referenced by A9.3.2.3. below shall comply with the following

requirements:

A9.3.2.1. Continuous monitoring systems for measuring opacity of

emissions shall be capable of measuring emission levels

within ± 20%. The Calibration Error Test and associated calculation procedures set forth in Performance Specification 1 of

40 CFR 60, Appendix B shall be used for demonstrating compliance with this specification.

A9.3.2.2. Continuous monitoring systems for measurement 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 procedures 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 monitoring systems installed on an affected facility prior to October 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 systems

shall be demonstrated to comply with applicable performance

specifications under A9.3.1. above by September 11, 1979.

A9.4. Owners or operators of all continuous monitoring systems installed in accordance with the provisions of these rules

shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufacturer of such

systems unless the manufacturer recommends adjustments at

shorter intervals, in which case such recommendations shall be

followed. The zero and span shall, as a minimum, be adjusted

whenever the 24-hour zero drift or 24-hour calibration drift

limits of the applicable performance specifications in 40 CFR

60, Appendix B are exceeded. For continuous monitoring systems measuring opacity of emissions, the optical surfaces

exposed to the effluent gases shall be cleaned prior to performing the zero or span drift adjustments except that for systems

using automatic zero adjustments, the optical surfaces shall be

cleaned when the cumulative automatic zero compensation

exceeds 4% opacity. Unless otherwise approved by the 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 certified by

their manufacturer to be traceable to the National Bureau of

Standards reference gases will be used whenever these reference gases are available. The span and zero gas mixtures 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 triplicate

analyses with Reference Methods 6 for SO2

, 7 for NOx and 3

for O2 and CO2, respectively. The gases may be analyzed at

less frequent intervals if longer shelf lives are guaranteed by

the manufacturer.

A9.4.2. For nonextractive continuous monitoring systems measuring gases, minimum procedures shall include upscale

check(s) using a certified calibration gas cell or test cell which

is functionally equivalent to a known gas concentration. The

zero check may be performed by computing the zero value

from upscale measurements or by mechanically producing a

zero condition.

A9.4.3. For continuous monitoring systems measuring opacity of

emissions, minimum procedures shall include a method for

producing a simulated zero opacity condition and an upscale

(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 system check

of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.
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 under A9.4.

above, all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation

requirements as follows:

A9.5.1. All continuous monitoring systems referenced by A9.3.1.

and A9.3.2. above for measuring opacity of emissions shall

complete a minimum of one cycle of operation (sampling, 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 dioxide, 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 recording) for

each successive one-hour period.

A9.6. All continuous monitoring systems for monitoring

devices shall be installed such that representative measurements of emissions or process parameters from the affected

facility are obtained. Additional procedures for location of

continuous monitoring systems contained in the applicable

Performance Specifications of 40 CFR 60, Appendix B shall

be used.

A9.7. When the effluents from a single affected facility or two

or more affected facilities subject to the same emission standards are combined before being released to the atmosphere,

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 systems shall

be installed on each effluent. When the effluent from one

affected facility is released to the atmosphere through more

than one point, the owner or operator shall install applicable

continuous monitoring systems on each separate effluent

unless the installation of fewer systems is approved by the

Director.

A9.8. Owners or operators of all continuous monitoring systems for measurement of opacity shall reduce all data to sixminute averages and for systems other than opacity to onehour averages, respectively. Six minute opacity averages shall

be calculated from 24 or more data points equally spaced over

each six-minute period. For systems other than opacity, onehour averages shall be computed from four or more data points

equally spaced over each one-hour period. Data recorded during periods of system breakdowns, repairs, calibration checks,

and zero and span adjustments shall not be included in the data

averages computed under this subsection. An arithmetic or

integrated average of all data may be used. The data output of

all continuous monitoring systems may be recorded in reduced

or nonreduced form (e.g. ppm pollutant and percent O2

 or lb/

million Btu of pollutant). All excess emissions shall be converted into units of the standard using the applicable conversion procedures specified in subparts. After conversion 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 operator, the

Director may approve alternatives to any monitoring procedures or requirements of these rules including, but not limited

to the following:

A9.9.1. Alternative monitoring requirements when installation of

a continuous monitoring system or monitoring device specified by these rules would not provide accurate measurements

due to liquid water or other interferences caused by 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 additional measurements to correct for stack moisture conditions.

A9.9.4. Alternative locations for installing continuous monitoring

systems or monitoring devices when the owner or operator can

demonstrate that installation at alternate locations 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 span gases 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 that do not

meet the design or performance requirements in Performance

Specification 1 in 40 CFR 60, Appendix B but adequately

demonstrate a definite and consistent relationship between its

measurements and the measurements of opacity by a system

complying with the requirements in Performance Specification

1. The Director may require that such demonstration be performed for each affected facility.

A9.9.9. Alternative monitoring requirements when the effluent

from a single affected facility or the combined effluent 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). Amended 

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). Amended 

effective July 9, 1980 (Supp. 80-4). Amended effective 

June 19, 1981 (Supp. 81-3). Repealed by final rulemaking 

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). Amended 

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 hazardous

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 listed

in Article 17, Table 3, other than those identified in the group

listing as the “selected” compound.

A12.2 Chronic Ambient Air Concentrations

A12.2.1 The applicant shall review the following data

sources and, except as otherwise provided, shall give 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 Concentrations

(RfCs) and air Unit Risk Factors (URFs) as presented in the

Integrated Risk Information System (IRIS) of the United

States Environmental Protection Agency (EPA).

A12.2.1.2. Tier 2 Data Sources: 

A12.2.1.2.1. Preliminary Remediation Goals (PRGs) developed

by Region 9 of EPA.

A12.2.1.2.2. Risk-Based Concentrations (RBCs) developed 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 (ATSDR).

A12.2.1.3.2 Reference Exposure Levels (RELs) and Unit Risk

Factors (CalURFs) developed by the California Environmental

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 reflect an

assumed exposure of 350, rather than 365 days per year. 

A12.2.2.1.2 URFs shall be transformed into concentrations in

milligrams per cubic meter (mg/m3

) 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 m3

-year/kg-day, BW = 70 kg, IR = 20 m3/day

A12.2.2.2 Comparison to Tier 2 and Tier 3 Concentrations

The concentration developed in accordance with section

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 CalURFs.

RfC-based concentrations shall be compared to concentrations

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 CAAC.

A12.2.2.2.2 If the Tier 1 concentration is not in reasonable agreement with the other concentrations, and one of the other concentrations is based on more recent or relevant studies, that

concentration shall be selected as the CAAC. Otherwise 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 more stringent

of the two shall be used as the CAAC.

A12.2.2.4 If a Tier 1 value is selected in accordance 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 Evaluation

A12.2.3.1.1 If there is only a PRG or RBC for the compound, 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 the compound, the concentrations shall be compared. If the concentrations are similar, the PRG shall be selected for further

evaluation. If the concentrations are not similar, and the RBC

is based on more relevant or more recent studies, it 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 section

A12.2.3.1 shall be compared to the Tier 3 concentrations for

the compound, if any. For purposes of this comparison, only

MRL- or REL-based concentrations shall be considered.

A12.2.3.2.1 If there is reasonable agreement between the Tier 2

concentration and the Tier 3 concentrations for the compound,

the Tier 2 concentration shall be selected as the CAAC.

A12.2.3.2.2 If the Tier 2 concentration is not in reasonable agreement with the Tier 3 concentrations, and one of the Tier 3 concentrations is based on more recent or relevant studies, that

concentration shall be selected as the CAAC. Otherwise the

Tier 2 concentration shall be selected.

A12.2.3.3 If a Tier 2 concentration is selected in accordance

with section A12.2.3, no further evaluation of Tier 3 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 1.04 to

reflect an assumed exposure of 350, rather than 365, days per

year. 

A12.2.4.1.2 CalURFs shall be transformed into concentrations in

milligrams per cubic meter (mg/m3

) 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 m3

-year/kg-day, BW = 70 kg, IR = 20 m3/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 considering the relevance and timing of the studies on which the levels are based.

A12.2.4.2.2 If there is both a CalURF-based concentration 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 must 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 the 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 Exposure

Guideline Level developed by the EPA Office of Prevention,

Pesticides and Toxic Substances.

A12.3.1.2 The level 2 Emergency Response Planning Guideline (ERPG) developed by the American Industrial Hygiene

Association. The AAAC shall be the ERPG divided by 2.

A12.3.1.3 The level 2 Temporary Emergency Exposure Limit

(TEEL) developed by the United States Department of

Energy’s Emergency Management Advisory Committee’s

Subcommittee on Consequence Assessment and Protective

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, effective 

January 10, 2012 (Supp. 12-1).