State Implementation Plan

Revision Package

Revisions To:

Maricopa County Air Pollution Control Regulations

Rule 100 – General Provisions and Definitions

Prepared By:

Maricopa County Air Quality Department

Planning & Analysis Division

1001 North Central Avenue, Suite 125

Phoenix, Arizona 85004

(602) 506-6010

Submitted To:

Arizona Department of Environmental Quality

December 2013
COMPLETENESS CHECKLIST

1. Agency: Maricopa County Air Quality Department

2. Submitted Rule:

Number Title Adoption Date

100 General Provisions and Definitions 09/25/2013

3. EPA Analogous Approved Rule (Applicable SIP):

Rule 100 is analogous to the following EPA Applicable SIP approved rules:

EPA Applicable SIP Rule Rule 100 Analogous Section

Rule 1 (Emissions Required: Policy Legal 

Authority)

Section 101, Section 102

Rule 2 (Definitions) Section 200 (Definitions), Sections 200.1—

200.112

Rule 3 (Air Pollution Prohibited) Section 301

Rule 40 (Recordkeeping and Reporting) A., 

D.

Section106

Rule 40 B. Section 502

Rule 40 C. Section 504

Rule 43 (Right Of Inspection) Section 105

Rule 71 (Anti-Degradation) Section 109

Rule 80 (Validity) Section103

Rule 100, Section 504 (Emission Statements 

Required)

Section 503

Rule 100, Section 500 (Monitoring and 

Records)

Section 500

4. State/District Authority for Adoption/Implementation: 

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

Implementing statute: A.R.S. § 49-112

5. Pollutants Regulated by Rule:

PM X , SOX X , VOC X , NOx X , CO X , Pb X 

6. Identification of Sources by Name or Number/Location (City, County, or District)

Area's Attainment and Plan Status (Group By Size/Subcategory, if Necessary):

Rule 100 is an administrative rule/general provisions rule that applies to all sources of air 

pollution in Maricopa County.

PM10 Classification: Serious (As of June 1996)

Carbon Monoxide Classification: Attainment (As of April 2005)

Ozone Classification: Marginal (As of June 2012)

MCAQD SIP Revision Package 1 of 162
PM2.5 Classification: Unclassifiable/Attainment (As of March 2011)

7. Summary of Rule/Rule Changes:

This State Implementation Plan (SIP) revision package includes a text amendment that adds

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

8. Rule's Effect on Emissions:

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM 2.5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

9. Demonstration that NAAQS/PSD Increments/RFP Demonstration Are Protected (As 

Appropriate):

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

MCAQD SIP Revision Package 2 of 162
Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

10. Modeling Information Used to Support Rule Revision:

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

11. Evidence that Emissions Limitations are based on Continuous Emission Reduction 

Technology, Add-On Controls, Reformulated Materials, and/or Industrial/Process 

Equipment Designs:

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

12. Identification of Section/Paragraph in Rule that Contains Emission Limitations, Work 

Practice Standards, Averaging Times, Test Procedures and/or 

Recordkeeping/Reporting Requirements:

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

MCAQD SIP Revision Package 3 of 162
This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

13. Compliance/Enforcement Strategies to be Used to Determine Compliance (Including 

Frequency Of Inspection):

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

14. Special Economic/Technological Justifications for Deviations from EPA Policies (As 

Appropriate):

This State Implementation Plan (SIP) revision package includes a text amendment that adds 

one sentence in Rule 100 (General Provisions and Definitions), Section 108 (Hearing Board) 

to require that County Air Quality Hearing Board members not have a substantial interest in 

any person required to obtain an air pollution permit or subject to enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a deficiency in a 

SIP revision submitted by the State of Arizona to address the requirements of section 

110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour ozone national ambient air quality 

standards (NAAQS) and the 1997 and 2006 NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into the 

Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

15. Other Comments

Attached support documentation includes the following:

1. Notice of Proposed Rulemaking

MCAQD SIP Revision Package 4 of 162
2. Agenda Form and Notice of Final Rulemaking

3. Notice of Public Hearing

4. Affidavit of Publication

5. Certified Excerpts from the Minutes of the Board of Supervisors’ Public Hearing

6. Final Adopted Version of the Rule

MCAQD SIP Revision Package 5 of 162
FOR EPA USE ONLY

SIP RULE REVISION IS: ______COMPLETE _____INCOMPLETE

Name Telephone Number

District Contact: Deborrah “Corky” Martinkovic (602) 506-6731

State Contact: Diane Arnst (602) 771-2375

EPA Contact:

State Submittal Date:

MCAQD SIP Revision Package 6 of 162
EPA SIP ENFORCEABILITY STATEMENT

1. APPLICABILITY

a. What sources are being regulated?

The intent of Rule 100 is to prevent, reduce, control, correct, or remove air pollution 

originating within the territorial limits of Maricopa County and to carry out the 

mandates of Title 49, Arizona Revised Statutes.

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

b. What exemptions are provided?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

c. What are the units of compliance?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

MCAQD SIP Revision Package 7 of 162
(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

d. Is bubbling or averaging of any type allowed?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

e. If there is a redesignation, will this change the emission limitations?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

MCAQD SIP Revision Package 8 of 162
Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

2. COMPLIANCE DATES

a. What is the compliance date?

Rule 100 is an administrative rule. The revisions to Rule 100 became effective 

September 25, 2013. 

b. What is the attainment date?

Particulates attainment date: December 31, 2006.

CO attainment date: December 31, 2000.

Ozone attainment date: December 31, 2015. 

3. SPECIFICITY OF CONDUCT

a. What test method is required?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

b. What is the averaging time in the compliance test method?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

MCAQD SIP Revision Package 9 of 162
ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

4. RECORDKEEPING

a. What records are required to determine compliance?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

b. In what forms or units must records be kept?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure.

c. On what time basis must records be kept?

This State Implementation Plan (SIP) revision package includes a text amendment that 

adds one sentence in Rule 100 (General Provisions and Definitions), Section 108 

MCAQD SIP Revision Package 10 of 162
(Hearing Board) to require that County Air Quality Hearing Board members not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

This text amendment resolves the U.S. Environmental Protection Agency’s (EPA’s) 

disapproval of the 2009 Infrastructure SIP (77 FR 44555, July 30, 2012) - a 

deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2 5).

Only this amendment to Rule 100, Section 108 is being submitted for approval into 

the Maricopa County portion of the Arizona SIP for Section 110(a)(2) Infrastructure. 

MCAQD SIP Revision Package 11 of 162
Appendix 1: Notice of Proposed Rulemaking

MCAQD SIP Revision Package 12 of 162
NOTICE OF PROPOSED RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION I – GENERAL PROVISIONS

RULE 100 – GENERAL PROVISIONS AND DEFINITIONS

PREAMBLE

1. Rule affected Rulemaking action

Rule 100: General Provisions and Definitions Amend

2. Statutory authority for the rulemaking:

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

Implementing Statute: A.R.S. § 49-112

3. List of all previous notices appearing in the Register addressing the rulemaking:

None. 

4. Name and address of department personnel with whom persons may communicate 

regarding the rulemaking:

Name: Johanna M. Kuspert 

Maricopa County Air Quality Department 

Planning and Analysis Division 

Address: 1001 N Central Avenue, Suite 125

Phoenix, Arizona 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-Mail: aqplanning@mail.maricopa.gov 

5. Explanation of the rule, including the department's reasons for initiating the 

rulemaking:

The U.S. Environmental Protection Agency (EPA) partially approved and partially 

disapproved a State Implementation Plan (SIP) revision submitted by the State of Arizona to 

address the requirements of section 110(a)(2)(E)(ii) of the Clean Air Act (CAA) for the 1997 

8-hour ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2.5). The EPA disapproved, on narrow grounds, the 

MCAQD SIP Revision Package 13 of 162
state’s provisions regarding board composition under CAA section 128(a)(1), because these 

provisions do not apply to enforcement orders. 

When the EPA promulgates a new NAAQS or revises an existing NAAQS, such action 

triggers a requirement for states to submit an infrastructure SIP to address the applicable 

requirements of section 110(a)(2) within three years of issuance of the new or revised 

NAAQS. Section 110(a)(2) includes a list of specific elements that each such plan 

submission must meet, including section 110(a)(2)(E)(ii), which requires compliance with the 

requirements of section 128 of the CAA. On March 27, 2008 (73 FR 16205), the EPA found 

that Arizona had failed to make a complete submittal to satisfy the requirements of section 

110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS. On October 22, 2008 (73 FR 62902), 

the EPA found that Arizona had failed to make a complete submittal to satisfy the 

requirements of section 110(a)(2)(E)(ii) for the 1997 PM2.5 NAAQS.

The State board SIP provisions in section 128 require each state to submit a SIP that 

contains requirements that (1) any board or body which approves permits or enforcement 

orders under the CAA shall have at least a majority of members who represent the public 

interest and do not derive any significant portion of their income from persons subject to 

permits or enforcement orders under the CAA and (2) any potential conflicts of interest by 

members of such board or body or the head of an executive agency with similar powers be 

adequately disclosed. Arizona Revised Statutes (A.R.S.) § 49-478(B) established the 

compositional requirements of the county Air Quality Hearing Boards, namely that they 

consist of five members and that “...at least three members shall not have substantial 

interest, as defined in section 38-502, in any person required to obtain a permit pursuant to 

Title 49, Chapter 3 (Air Quality), Article 3 (County Air Pollution Control).” While this 

statute explicitly addresses interests in persons required to obtain permits, it does not address 

substantial interest with respect to interests in persons subject to enforcement orders. 

However, A.R.S. § 38-503(B), a statute relating to conflict of interest for public agencies, also 

requires disclosure of conflicts and recusal for a substantial interest in any decision of a 

public agency. Public agency is defined in A.R.S. § 38-502 to include boards and 

commissions of a political subdivision; therefore, “any decision” of the County Air Quality 

Hearing Board includes permits and enforcement orders and requires disclosure of conflicts 

and recusal.

MCAQD SIP Revision Package 14 of 162
Per 77 FR 44555, July 30, 2012 (Partial Approval and Disapproval of Air Quality 

Implementation Plans; Arizona; State Board Requirements for Ozone and Fine Particulate 

Matter): “The EPA believes that the 2009 Infrastructure SIP mostly meets the requirements 

of 128(a)(1) with respect to significant income and representing the public interest, except 

that the submitted provisions do not specifically address “substantial interest” with respect 

to interests in persons subject to enforcement orders. As a result, the EPA believes 

disapproval is the only path that is consistent with the CAA. Based on the content of Pima 

County Code 17.04.190, we believe that this narrow deficiency can be cured by Maricopa 

County amending their regulation to mirror Pima County Code 17.04.190 and by ADEQ 

submitting such amended regulation as a SIP revision.” Following this analysis of state 

statutes regarding conflict of interest and the CAA, the department is proposing to amend 

Rule 100, Section 108 to be consistent with the CAA.

Issues Raised and Discussed During This Rulemaking Process:

To date, there have been no issues raised during this rulemaking process. 

Description of Proposed Amendments:

Section 100, Section 108: Hearing Board

This proposed amendment will add text to a sentence that requires county Air Quality 

Hearing Board members to not have a substantial interest in any person required to obtain 

an air pollution permit or subject to enforcement orders issued under the Maricopa County 

Air Pollution Control Regulations. 

6. Demonstration of compliance with A.R.S. §49-112:

Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent 

than the rules adopted by the Director of the Arizona Department of Environmental Quality 

(ADEQ) for similar sources unless it demonstrates compliance with the applicable 

requirements of A.R.S. §49-112.

§ 49-112 County regulation; standards 

§ 49-112(A)

When authorized by law, a county may adopt a rule, ordinance or other regulation that is 

more stringent than or in addition to a provision of this title or rule adopted by the director 

or any board or commission authorized to adopt rules pursuant to this title if all of the 

following conditions are met: 

MCAQD SIP Revision Package 15 of 162
1. The rule, ordinance or other regulation is necessary to address a peculiar local condition. 

2. There is credible evidence that the rule, ordinance or other regulation is either;

(a) Necessary to prevent a significant threat to public health or the environment that 

results from a peculiar local condition and is technically and economically feasible. 

(b) Required under a federal statute or regulation, or authorized pursuant to an 

intergovernmental agreement with the federal government to enforce federal statutes 

or regulations if the county rule, ordinance or other regulation is equivalent to federal 

statutes or regulation. 

3. Any fee or tax adopted under the rule, ordinance or other regulation will not exceed the 

reasonable costs of the county to issue and administer that permit or plan approval 

program.

§ 49-112(B)

When authorized by law, a county may adopt rules, ordinances or other regulations in lieu of 

a state program that are as stringent as a provision of this title or rule adopted by the director 

or any board or commission authorized to adopt rules pursuant to this title if the county 

demonstrates that the cost of obtaining permits or other approvals from the county will 

approximately equal or be less than the fee or cost of obtaining similar permits or approvals 

under this title or any rule adopted pursuant to this title. If the state has not adopted a fee or 

tax for similar permits or approvals, the county may adopt a fee when authorized by law in 

the rule, ordinance or other regulation that does not exceed the reasonable costs of the 

county to issue and administer that permit or plan approval program. 

Maricopa County complies with A.R.S. § 49-112 in that the proposed amendment to Rule 

100 is not more stringent than or in addition to a provision of Title 49 or rule adopted by the 

director or any board or commission authorized to adopt rules pursuant to Title 49 and the 

proposed amendment to Rule 100 is not in lieu of a state program. 

7. Reference to any study relevant to the rule that the department reviewed and either 

proposes to rely on in its evaluation of or justification for the rule, where the public 

may obtain or review each study, all data underlying each study, and any analysis of 

each study and other supporting material:

No studies were used

MCAQD SIP Revision Package 16 of 162
8. Showing of good cause why the rule is necessary to promote a statewide interest if 

the rule will diminish a previous grant of authority of a political subdivision:

Not applicable 

9. Preliminary summary of the economic, small business, and consumer impact:

The department is proposing to amend a sentence in Rule 100, Section 108 (Hearing Board) 

that requires county Air Quality Hearing Board members to not individually have a 

substantial interest in an emission source subject to permits or enforcement orders issued 

under the Maricopa County Air Pollution Control Regulations. This amendment is intended 

to resolve a deficiency in a SIP revision submitted by the State of Arizona to address the 

requirements of section 110(a)(2)(E)(ii) of the Clean Air Act (CAA) for the 1997 8-hour 

ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 NAAQS for 

fine particulate matter (PM2.5). The proposed amendment to Rule 100, Section 108 is 

administrative and should not incur an economic, small business, and consumer impact. 

10. Name and address of department personnel with whom persons may communicate 

regarding the accuracy of the economic, small business, and consumer impact:

Name: Johanna M. Kuspert 

Maricopa County Air Quality Department

Planning and Analysis Division 

Address: 1001 N Central Avenue, Suite 125

Phoenix, AZ 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-Mail: aqplanning@mail.maricopa.gov 

11. Time, place, and nature of the proceedings for the rulemaking:

Written oral proceeding requests or written comments or both will be accepted until the 

public comment period is closed on June 17, 2013, 5:00 p.m. Written oral proceeding 

requests or written comments or both may be mailed, e-mailed, or hand delivered to the 

department (see Item #4 of this notice). An oral proceeding will be scheduled only upon 

receipt of a written request before the public comment period is closed on June 17, 2013, 

5:00 p.m. Written comments received during the public comment period will be considered 

MCAQD SIP Revision Package 17 of 162
formal comments to the Notice of Proposed Rulemaking and will be responded to in the 

Notice of Final Rulemaking. 

12. Any other matters prescribed by statute that are applicable to the specific department 

or to any specific rule or class of rules:

Not applicable 

13. Incorporations by reference and their location in the rule:

Not applicable 

14. Full text of the rule follows:

MCAQD SIP Revision Package 18 of 162
REGULATION I - GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

INDEX

SECTION 100 - GENERAL

101 DECLARATION OF INTENT

102 LEGAL AUTHORITY

103 VALIDITY

104 CIRCUMVENTION

105 RIGHT OF INSPECTION OF PREMISES

106 RIGHT OF INSPECTION OF RECORDS

107 ADVISORY COUNCIL

108 HEARING BOARD

109 ANTI-DEGRADATION

110 AVAILABILITY OF POLLUTION INFORMATION

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT

112 AVAILABILITY OF INFORMATION

SECTION 200 - DEFINITIONS

200.1 AAC

200.2 ACT

200.3 ACTUAL EMISSIONS

200.4 ADMINISTRATOR

200.5 ADVISORY COUNCIL

200.6 AFFECTED FACILITY

200.7 AFFECTED SOURCE

200.8 AFFECTED STATE

200.9 AIR CONTAMINANT

200.10 AIR POLLUTION

200.11 AIR POLLUTION CONTROL EQUIPMENT

200.12 ALLOWABLE EMISSIONS

200.13 AMBIENT AIR

200.14 AP-42

200.15 APPLICABLE IMPLEMENTATION PLAN

MCAQD SIP Revision Package 19 of 162
200.16 APPLICABLE REQUIREMENT

200.17 APPROVED

200.18 AREA SOURCE

200.19 ARS

200.20 ASME

200.21 ASTM

200.22 ATTAINMENT AREA

200.23 BEGIN ACTUAL CONSTRUCTION

200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)

200.25 BRITISH THERMAL UNIT (BTU)

200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION

200.27 CFR

200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE

200.29 CLEAN COAL TECHNOLOGY

200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT

200.31 COMMENCE

200.32 COMPLETE

200.33 CONSTRUCTION

200.34 CONTROL OFFICER

200.35 DEPARTMENT

200.36 DIRECTOR

200.37 DISCHARGE

200.38 DIVISION

200.39 DUST GENERATING OPERATION

200.40 EFFLUENT

200.41 ELECTRIC UTILITY STEAM GENERATING UNIT

200.42 EMISSION STANDARD

200.43 EMISSIONS UNIT

200.44 EPA

200.45 EQUIVALENT METHOD

200.46 EXCESS EMISSIONS

200.47 EXISTING SOURCE

200.48 FACILITY

200.59 FEDERAL APPLICABLE REQUIREMENT

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200.50 FEDERAL LAND MANAGER

200.51 FEDERALLY ENFORCEABLE

200.52 FINAL PERMIT

200.53 FUEL OIL

200.54 FUGITIVE EMISSION

200.55 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE CONTROL 

TECHNOLOGY (HAPRACT)

200.56 INDIAN GOVERNING BODY

200.57 INDIAN RESERVATION

200.58 INSIGNIFICANT ACTIVITY

200.59 MAJOR MODIFICATION

200.60 MAJOR SOURCE

200.61 MAJOR SOURCE THRESHOLD

200.62 MALFUNCTION

200.63 MATERIAL PERMIT CONDITION

200.64 METHOD OF OPERATION

200.65 MODIFICATION

200.66 NET EMISSIONS INCREASE

200.67 NEW SOURCE

200.68 NITROGEN OXIDES (NOX) 

200.69 NONATTAINMENT AREA

200.70 NON-PRECURSOR ORGANIC COMPOUND

200.71 OPEN OUTDOOR FIRE

200.72 OPERATION

200.73 ORGANIC COMPOUND

200.74 ORGANIC LIQUID

200.75 OWNER AND/OR OPERATOR

200.76 PARTICULATE MATTER

200.77 PERMITTING AUTHORITY

200.78 PERSON

200.79 PHYSICAL CHANGE

200.80 PM2.5

200.81 PM10

200.82 POLLUTANT

MCAQD SIP Revision Package 21 of 162
200.83 POLLUTION CONTROL PROJECT

200.84 PORTABLE SOURCE

200.85 POTENTIAL TO EMIT

200.86 PROPOSED PERMIT

200.87 PROPOSED FINAL PERMIT

200.88 QUANTIFIABLE

200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY 

STEAM GENERATING UNIT

200.90 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

200.91 REFERENCE METHOD

200.92 REGULATED AIR POLLUTANT

200.93 REGULATORY REQUIREMENTS

200.94 REPLICABLE

200.95 REPOWERING

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS

200.97 RESPONSIBLE OFFICIAL

200.98 SCHEDULED MAINTENANCE

200.99 SIGNIFICANT

200.100 SOLVENT-BORNE COATING MATERIAL

200.101 SOURCE

200.102 SPECIAL INSPECTION WARRANT

200.103 STANDARD CONDITIONS

200.104 STATE IMPLEMENTATION PLAN (SIP)

200.105 STATIONARY SOURCE

200.106 SYNTHETIC MINOR

200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION 

PROJECT

200.108 TITLE V

200.109 TOTAL REDUCED SULFUR (TRS)

200.110 TRADE SECRETS

200.111 TRIVIAL ACTIVITY

200.112 UNCLASSIFIED AREA

200.113 VOLATILE ORGANIC COMPOUND (VOC)

SECTION 300 - STANDARDS

MCAQD SIP Revision Package 22 of 162
301 AIR POLLUTION PROHIBITED

302 APPLICABILITY OF MULTIPLE RULES

SECTION 400 - ADMINISTRATIVE REQUIREMENTS 

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS

402 CONFIDENTIALITY OF INFORMATION

SECTION 500 - MONITORING AND RECORDS

501 REPORTING REQUIREMENTS

502 DATA REPORTING

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT

504 RETENTION OF RECORDS

505 ANNUAL EMISSIONS INVENTORY REPORT

MCAQD SIP Revision Package 23 of 162
Revised 07/13/88

Revised 10/01/90

Revised 06/22/92

Revised 11/16/92

Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 04/03/96

Revised 06/19/96

Revised 03/04/98

Revised 05/20/98

Revised 07/26/00

Revised 03/07/01

Revised 08/22/01

Revised 11/06/02

Revised 03/15/06

Revised 06/06/07

Revised xx/xx/xx 

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION I - GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

SECTION 100 - GENERAL

101 DECLARATION OF INTENT: The Maricopa County Air Pollution Control Regulations 

prevent, reduce, control, correct, or remove regulated air pollutants originating within the 

territorial limits of Maricopa County and carry out the mandates of Arizona Revised Statutes 

(ARS), Title 49-The Environment.

102 LEGAL AUTHORITY: These rules are adopted under the authority granted by ARS §49-

479.

MCAQD SIP Revision Package 24 of 162
103 VALIDITY: If any section, subsection, clause, phrase, or provision of these rules is held to be 

invalid for any reason, such decision shall not affect the validity of the remaining portion.

104 CIRCUMVENTION: A person shall not build, erect, install, or use any article, machine, 

equipment, condition, or any contrivance, the use of which, without resulting in a reduction in 

the total release of regulated air pollutants to the atmosphere, conceals or dilutes an emission 

which would otherwise constitute a violation of these rules. No person shall circumvent these 

rules to dilute regulated air pollutants by using more emission openings than is considered 

normal practice by the industry or activity in question.

105 RIGHT OF INSPECTION OF PREMISES: The Control Officer, during reasonable 

hours, for the purpose of enforcing and administering these rules or any provision of ARS 

relating to the emission or control prescribed pursuant thereto, may enter every building, 

premises, or other place, except the interior of structures used as private residences. In the 

event that consent to enter for inspection purposes has been refused or circumstances justify 

the failure to seek such consent, special inspection warrants may be issued by a magistrate. 

Every person is guilty of a petty offense under ARS §49-488 who in any way denies, obstructs, 

or hampers such entrance or inspection that is lawfully authorized by warrant.

106 RIGHT OF INSPECTION OF RECORDS: When the Control Officer has reasonable 

cause to believe that any person has violated or is in violation of any provision of this rule, any 

rule adopted under this rule, or any requirement of a permit issued under this rule, the Control 

Officer may request, in writing, that such person produce all existing books, records, and other 

documents evidencing tests, inspections, or studies which may reasonably relate to compliance 

or non-compliance with rules adopted under this rule. No person shall fail nor refuse to 

produce all existing documents required in such written request by the Control Officer.

107 ADVISORY COUNCIL: An Advisory Council appointed by the Board of Supervisors may 

advise and consult with the Board of Supervisors, the Maricopa County Air Quality 

Department, and the Control Officer in effecting the mandates of ARS Title 49.

108 HEARING BOARD: The Board of Supervisors shall appoint a 5-member hearing board 

knowledgeable in the field of air pollution. At least three members shall not have a substantial 

interest, as defined in A.R.S. § 38-502(11), in any person required to obtain an air pollution 

MCAQD SIP Revision Package 25 of 162
permit or subject to enforcement orders issued under these rules. Each member shall serve a 

term of three years.

109 ANTI-DEGRADATION: The standards in these rules shall not be construed as permitting 

the preventable degradation of air quality in any area of Maricopa County.

110 AVAILABILITY OF POLLUTION INFORMATION: The public shall be informed on 

a daily basis of average daily concentration of three pollutants: particulates, carbon monoxide, 

and ozone. This information shall be disseminated through the use of newspapers, radio, and 

television. The levels of each pollutant shall be expressed through the use of the Air Quality 

Index (AQI) and a written copy of such information shall be made available at the office of the 

Maricopa County Air Quality Department, 1001 North Central Avenue, Suite 400, Phoenix, 

Arizona, 85004, 602-506-6010.

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT: A report on the 

progress in implementation of nonattainment area plans shall be produced by the Department 

each year. The primary function of the report is to review the implementation schedules for 

control measures and emission reduction forecasts in the nonattainment area plans. The 

annual report will be made available to the public at the offices of Maricopa County Air 

Quality Department, 1001 North Central Avenue, Suite 400, Phoenix, Arizona, 85004, 602-

506-6010.

112 AVAILABILITY OF INFORMATION: Copies of 40 CFR 51, Subpart A, Appendix A, 

Table 2A are available at 1001 North Central Avenue, Suite 695, Phoenix, Arizona, 85004, or 

call 602-506-6010 for information.

SECTION 200 - DEFINITIONS: To aid in the understanding of these rules, the following general 

definitions are provided. Additional definitions, as necessary, can be found in each rule of the 

Maricopa County Air Pollution Control Regulations.

200.1 AAC - Arizona Administrative Code.

200.2 ACT - The Clean Air Act of 1963 (P.L. 88-206; 42 United States Code sections 

7401 through 7671), as amended by the Clean Air Act Amendments of 1990 

(P.L.101-549).

MCAQD SIP Revision Package 26 of 162
200.3 ACTUAL EMISSIONS - The actual rate of emissions of a pollutant from an 

emissions unit, as determined in Section 200.3(a) through Section 200.3(e) of this 

rule:

a. In general, actual emissions as of a particular date shall equal the average rate, 

in tons per year, at which the emissions unit actually emitted the pollutant 

during a 2-year period that precedes the particular date and that is 

representative of normal source operation. The Control Officer 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 emissions 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, then 

the Control Officer may presume that source-specific allowable emissions for 

the emissions unit are equivalent to the actual emissions of the emissions unit.

c. For any emissions unit at a Title V source, other than an electric utility steam 

generating unit described in Section 200.3(e) of this rule 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 Non-Title V 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 and/or operator maintains and 

submits to the Control Officer 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 Control 

Officer, if the Control Officer determines the longer period to be more 

representative of normal source post-change operations.

MCAQD SIP Revision Package 27 of 162
200.4 ADMINISTRATOR - The Administrator of the United States Environmental 

Protection Agency.

200.5 ADVISORY COUNCIL - The Maricopa County Air Pollution Control Advisory

Council appointed by the Maricopa County Board of Supervisors.

200.6 AFFECTED FACILITY - With reference to a stationary source, any apparatus 

to which a standard is applicable.

200.7 AFFECTED SOURCE - A source that includes one or more emissions units 

which are subject to emission reduction requirements or limitations under Title 

IV-Acid Deposition Control of the Act.

200.8 AFFECTED STATE - Any State whose air quality may be affected and that is 

contiguous to Arizona or that is within 50 miles of the permitted source.

200.9 AIR CONTAMINANT - Includes smoke, vapors, charred paper, dust, soot, 

grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, 

particulate matter, windborne matter, radioactive materials, noxious chemicals, or 

any other material in the outdoor atmosphere.

200.10 AIR POLLUTION - The presence in the outdoor atmosphere of one or more 

air contaminants, or combinations thereof, in sufficient quantities, which either 

alone or in connection with other substances, by reason of their concentration and 

duration, are or tend to be injurious to human, plant, or animal life, or causes 

damage to property, or unreasonably interferes with the comfortable enjoyment of 

life or property of a substantial part of a community, or obscures visibility, or 

which in any way degrades the quality of the ambient air below the standards 

established by the Board of Supervisors.

200.11 AIR POLLUTION CONTROL EQUIPMENT - Equipment used to 

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

200.12 ALLOWABLE EMISSIONS - The emission rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

MCAQD SIP Revision Package 28 of 162
subject to federally enforceable limits which restrict the operating rate or hours of 

operation or both) and the most stringent of the following:

a. The applicable New Source Performance Standards as described in Rule 360 

of these rules or the Federal Hazardous Air Pollutant Program as described in 

Rule 370 of these rules; or

b. The applicable existing source performance standard as approved for the State 

Implementation Plan (SIP); or

c. The emissions rate specified in any federally promulgated rule or federally 

enforceable permit condition.

200.13 AMBIENT AIR - That portion of the atmosphere, external to buildings, to 

which the general public has access.

200.14 AP-42 - The EPA document "Compilation of Air Pollutant Emission Factors," as 

incorporated by reference in Appendix G of these rules.

200.15 APPLICABLE IMPLEMENTATION PLAN - Those provisions of the State 

Implementation Plan (SIP) approved by the Administrator or a Federal 

Implementation Plan (FIP) promulgated under Title I-Air Pollution Prevention 

and Control of the Act.

200.16 APPLICABLE REQUIREMENT - Applicable requirement means any of the 

following:

a. Any federal applicable requirement as defined in Section 200.49 of this rule.

b. Any other requirement established under the Maricopa County Air Pollution 

Control Regulations or ARS Title 49, Chapter 3, Articles 1, 3, 7, and 8.

200.17 APPROVED - Approved in writing by the Maricopa County Air Pollution 

Control Officer.

200.18 AREA SOURCE - Any stationary source that is not a major source. For purposes 

of these rules, the term "area source" shall not include motor vehicles or nonroad 

vehicles subject to regulation under Title II-Emission Standards for Moving 

Sources of the Act.

MCAQD SIP Revision Package 29 of 162
200.19 ARS - The Arizona Revised Statutes. The titles of the most frequently used ARS 

references in these rules are listed below:

ARS §38-502(11) Public Officers and Employees, Conduct of Office, 

Conflict of Interest of Officers and Employees, 

Definitions, Substantial Interest

ARS Title 49 The Environment

ARS Title 49, Chapter 3 The Environment, Air Quality

ARS Title 49, Chapter 4 The Environment, Solid Waste Management

ARS §49-109 The Environment, General Provisions, Department of 

Environmental Quality, Certificate of Disclosure of 

Violations; Definition; Remedies

ARS §49-401 The Environment, Air Quality, General Provisions, 

Declaration of Policy

ARS §49-426 The Environment, Air Quality, State Air Pollution Control, 

Permits; Duties of Director; Exceptions; Applications; 

Objections; Fees

ARS §49-426.04 The Environment, Air Quality, State Air Pollution Control, 

State List of Hazardous Air Pollutants

ARS §49-426.05 The Environment, Air Quality, State Air Pollution Control, 

Designation of Sources of Hazardous Air Pollutants

ARS §49-429 The Environment, Air Quality, State Air Pollution Control, 

Permit Transfers; Notice; Appeal

ARS §49-464 The Environment, Air Quality, State Air Pollution Control, 

Violation; Classification; Penalties; Definition

ARS §49-473 The Environment, Air Quality, County Air Pollution 

Control, Board of Supervisors

ARS §49-476.01 The Environment, Air Quality, County Air Pollution 

Control, Monitoring

ARS §49-478 The Environment, Air Quality, County Air Pollution 

Control, Hearing Board

ARS §49-480 The Environment, Air Quality, County Air Pollution 

Control, Permits; Fees

MCAQD SIP Revision Package 30 of 162
ARS §49-480.03 The Environment, Air Quality, County Air Pollution 

Control, Federal Hazardous Air Pollutant Program; Date 

Specified By Administrator; Prohibition

ARS §49-480.04 The Environment, Air Quality, County Air Pollution 

Control, County Program for Control of Hazardous Air 

Pollutants

ARS §49-482 The Environment, Air Quality, County Air Pollution 

Control, Appeals to Hearing Board

ARS §49-483 The Environment, Air Quality, County Air Pollution 

Control, Permit Transfers; Notice; Appeal

ARS §49-487 The Environment, Air Quality, County Air Pollution 

Control, Classification and Reporting; Confidentiality of 

Records

ARS §49-488 The Environment, Air Quality, County Air Pollution 

Control, Special Inspection Warrant

ARS §49-490 The Environment, Air Quality, County Air Pollution 

Control, Hearings On Orders of Abatement

ARS §49-498 The Environment, Air Quality, County Air Pollution 

Control, Notice of Hearing; Publication; Service

ARS §49-501 The Environment, Air Quality, County Air Pollution 

Control, Unlawful Open Burning; Definition; Exceptions; 

Fine

ARS §49-511 The Environment, Air Quality, County Air Pollution 

Control, Violations, Order of Abatement

ARS §49-514 The Environment, Air Quality, County Air Pollution 

Control, Violation; Classification; Definition

200.20 ASME - The American Society of Mechanical Engineers.

200.21 ASTM - The American Society for Testing and Materials.

200.22 ATTAINMENT AREA - An area so designated by the Administrator, acting 

under Section 107-Air Quality Control Regions of the Act, as having ambient air 

MCAQD SIP Revision Package 31 of 162
pollutant concentrations equal to or less than national primary or secondary 

ambient air quality standards for a particular pollutant or pollutants.

200.23 BEGIN ACTUAL CONSTRUCTION - In general, initiation of physical onsite construction activities on an emissions unit, which are of a permanent nature. 

Such activities include installation of building supports and foundations, laying of 

underground pipe work, and construction of permanent storage structures. With 

respect to a change in method of operation, “begin actual construction” refers to 

those on-site activities, other than preparatory activities, which mark the initiation 

of the change.

200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) - An emissions 

limitation, based on the maximum degree of reduction for each pollutant, subject 

to regulation under the Act, which would be emitted from any proposed stationary 

source or modification, which the Control Officer, on a case-by-case basis, taking 

into account energy, environmental, and economic impacts and other costs, 

determines is achievable for such source or modification through application of 

production processes or available methods, systems, and techniques, including fuel 

cleaning or treatment or innovative fuel combination techniques for control of 

such pollutant. Under no circumstances shall BACT be determined to be less 

stringent than the emission control required by an applicable provision of these 

rules or of any State or Federal laws (“Federal laws” include the EPA approved 

State Implementation Plan (SIP)). If the Control Officer 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.

200.25 BRITISH THERMAL UNIT (BTU) - The quantity of heat required to raise 

the temperature of one pound of water one degree Fahrenheit (°F) at 39.1°F.

MCAQD SIP Revision Package 32 of 162
200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION - All the 

pollutant-emitting equipment and activities that belong to the same industrial 

grouping, that are located on one or more contiguous or adjacent properties, and 

that are under the control of the same person or persons under common control, 

except the activities of any vessel. 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".

200.27 CFR - The United States Code of Federal Regulations.

200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE - 

Shall include, but not be limited to, circumstances where a violation resulted from 

a sudden and unavoidable breakdown of the process or the control equipment, 

resulted from unavoidable conditions during a startup or shutdown, or resulted 

from upset of operations.

200.29 CLEAN COAL TECHNOLOGY - Any technology, including technologies 

applied at the pre-combustion, 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.

200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT - 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.

200.31 COMMENCE - As applied to construction of a major source or a major 

modification, that the owner and/or operator has all necessary preconstruction 

approvals or permits and has either:

MCAQD SIP Revision Package 33 of 162
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 

canceled or modified without substantial loss to the owner and/or operator, to 

undertake a program of actual construction of the source to be completed 

within a reasonable time.

200.32 COMPLETE - In reference to an application for a permit, “complete” means 

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 Control Officer from requesting nor from 

accepting any additional information.

200.33 CONSTRUCTION - Any physical change or change in the method of operation, 

including fabrication, erection, or installation, demolition, or modification of an 

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

200.34 CONTROL OFFICER - The executive head of the department authorized or 

designated to enforce air pollution regulations, the executive head of an air 

pollution control district established under ARS §49-473, or the designated agent.

200.35 DEPARTMENT - The Maricopa County Air Quality Department.

200.36 DIRECTOR - The director of the Arizona Department of Environmental 

Quality (ADEQ).

200.37 DISCHARGE - The release or escape of an effluent into the atmosphere from a 

source.

200.38 DIVISION - The Division no longer exists; consequently, all references in these 

rules to Division refer to Department.

200.39 DUST GENERATING OPERATION - Any activity capable of generating 

fugitive dust, including but not limited to, land clearing, earthmoving, weed 

abatement by discing or blading, excavating, construction, demolition, bulk 

material handling, storage and/or transporting operations, vehicle use and 

MCAQD SIP Revision Package 34 of 162
movement, the operation of any outdoor equipment, or unpaved parking lots. For 

the purpose of this rule, landscape maintenance and playing on or maintaining a 

field used for non-motorized sports shall not be considered a dust generating 

operation. However, landscape maintenance shall not include grading, trenching, 

or any other mechanized surface disturbing activities performed to establish initial 

landscapes or to redesign existing landscapes.

200.40 EFFLUENT - Any air contaminant which is emitted and subsequently escapes 

into the atmosphere.

200.41 ELECTRIC UTILITY STEAM GENERATING UNIT - Any steam electric 

generating unit that is constructed for the purpose of supplying more than 1/3 of 

its potential electric output capacity and more than 25 MW electric 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.

200.42 EMISSION STANDARD - The definition of emission standard, as summarized 

from ARS §49-514(T) and ARS §49-464(V), is: A numeric limitation on the 

volume or concentration of air pollutants in emissions from a source or a specific 

design, equipment, or work practice standard, the purpose of which is to eliminate 

or reduce the volume or concentration of pollutants emitted by a source. The term 

emission standard does not include opacity standards. Violations of emission 

standards shall be determined in the manner prescribed by the applicable 

regulations issued by the Administrator or the Director or the Control Officer.

200.43 EMISSIONS UNIT - Any part of a stationary source which emits or would have 

the potential to emit any regulated air pollutant.

200.44 EPA - The United States Environmental Protection Agency.

200.45 EQUIVALENT METHOD - Any method of sampling and analyzing for an air 

pollutant, which has been demonstrated to the Administrator's satisfaction to have 

MCAQD SIP Revision Package 35 of 162
a consistent and quantitatively known relationship to the reference method, under 

specified conditions.

200.46 EXCESS EMISSIONS - Emissions of an air pollutant in excess of an emission 

standard, as measured by the compliance test method applicable to such emission 

standard.

200.47 EXISTING SOURCE - 

a. A source in operation prior to the effective date of this rule, or a source on 

which the construction or modification has commenced and for which the 

Control Officer has granted a permit prior to the effective date of this rule; or

b. When used in conjunction with a source subject to new source performance 

standards (NSPS), any source which does not have an applicable NSPS under 

Rule 360-New Source Performance Standards of these rules.

200.48 FACILITY - The definition of facility is included in Section 200.6-Definition of

Affected Facility of this rule and in Section 200.26-Definition of Building, 

Structure, Facility or Installation of this rule.

200.49 FEDERAL APPLICABLE REQUIREMENT - Any of the following as they 

apply to emissions units covered by a Title V permit or a Non-Title V permit 

(including requirements that have been promulgated or approved by the 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 the EPA through 

rulemaking under Title I-Air Pollution Prevention and Control of the Act 

that implements the relevant requirements of the Act, including any revisions 

to that plan promulgated in 40 CFR 52. 

b. Any term or condition of any unitary permits issued under regulations 

approved or promulgated through rulemaking under Title I-Air Pollution 

Prevention and Control, including Parts C or D, of the Act. 

MCAQD SIP Revision Package 36 of 162
c. Any standard or other requirement under Section 111-Standards of 

Performance for New Stationary Sources of the Act, includes Section 111(d).

d. Any standard or other requirement under Section 112-National Emission 

Standards for Hazardous Air Pollutants 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 IVAcid Deposition Control of the Act or the regulations promulgated 

thereunder and incorporated under Rule 371-Acid Rain of these rules. 

f. Any requirements established under Section 504(b)-Permit Requirements and 

Conditions or Section 114(a)(3)-Inspections, Monitoring, and Entry of the 

Act.

g. Any standard or other requirement governing solid waste incineration under 

Section 129-Solid Waste Combustion of the Act. 

h. Any standard or other requirement for consumer and commercial products 

pursuant to Section 183(e)-Federal Ozone Measures of the Act.

i. Any standard or other requirement for tank vessels pursuant to Section 

183(f)-Federal Ozone Measures of the Act.

j. Any standard or other requirement of the program to control air pollution 

from outer continental shelf sources under Section 328-Air Pollution From 

Outer Continental Shelf Activities of the Act.

k. Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI-Stratospheric Ozone Protection of the 

Act, unless the Administrator has determined that such requirements need 

not be contained in a Title V permit; and 

l. Any national ambient air quality standard or increment or visibility 

requirement under Part C-Prevention of Significant Deterioration of Air 

Quality of Title I-Air Pollution Prevention and Control of the Act, but only 

as it would apply to temporary sources permitted under Section 504(e)-

Permit Requirements and Conditions of the Act. 

MCAQD SIP Revision Package 37 of 162
200.50 FEDERAL LAND MANAGER - With respect to any lands in the United 

States, the Secretary of The Department with authority over such lands.

200.51 FEDERALLY ENFORCEABLE - 

a. All terms and conditions contained in a Title V permit, except those terms and 

conditions which have been specifically designated as not federally enforceable;

b. The requirements of operating permit programs and permits issued under such 

permit programs which have been approved by the Administrator, including 

the requirements of State and County operating permit programs approved 

under Title V-Permits of the Act or under any new source review permit 

program; 

c. All limitations and conditions which are enforceable by the Administrator, 

including the requirements of the New Source Performance Standards (NSPS) 

and the National Emissions Standards for Hazardous Air Pollutants 

(NESHAPs) contained in these rules; 

d. The requirements of such other State or County rules or regulations approved 

by the Administrator for inclusion in the State Implementation Plan (SIP); 

e. The requirements of any federal regulation promulgated by the Administrator 

as part of the State Implementation Plan (SIP); and

f. The requirements of State and County operating permit programs, other than 

Title V programs, which have been approved by the Administrator and 

incorporated into the applicable State Implementation Plan (SIP) under the 

criteria for federally enforceable State Operating Permit Programs set forth in 

54, Federal Register 27274, dated June 28, 1989. Such requirements include 

permit terms and conditions which have been entered into voluntarily by a 

source under this rule and/or under Rule 220-Non-Title V Permit Provisions 

of these rules.

200.52 FINAL PERMIT - The version of a permit issued by the Control Officer after 

completion of all review required by Maricopa County Air Pollution Control 

Regulations.

MCAQD SIP Revision Package 38 of 162
200.53 FUEL OIL - 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 D-975-90aSpecification for Diesel Fuel Oils.

200.54 FUGITIVE EMISSION - Any emission which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening.

200.55 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE 

CONTROL TECHNOLOGY (HAPRACT) An emissions standard for 

hazardous air pollutants which the Control Officer, acting pursuant to §49-

480.04(C), determines is reasonably available for a source. In making the foregoing 

determination, the Control Officer shall take into consideration the estimated actual 

air quality impact of the standard, the cost of complying with the standard, the 

demonstrated reliability and widespread use of the technology required to meet the 

standard, and any non-air quality health and environmental impacts and energy 

requirements. For purposes of this definition, an emissions standard may be 

expressed as a numeric emissions limitation or as a design, equipment, work 

practice, or operational standard.

200.56 INDIAN GOVERNING BODY - 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.

200.57 INDIAN RESERVATION - Any federally recognized reservation established 

by Treaty, Agreement, Executive Order, or Act of Congress.

200.58 INSIGNIFICANT ACTIVITY – For the purpose of this rule, an insignificant 

activity shall be any activity, process, or emissions unit that is not subject to a 

source-specific applicable requirement, that emits no more than 0.5 ton per year of 

hazardous air pollutants (HAPs) and no more than two tons per year of a regulated 

air pollutant, and that is either included in Appendix D-List of Insignificant 

Activities of these rules or is approved as an insignificant activity under Rule 200-

Permit Requirements of these rules. Source-specific applicable requirements 

MCAQD SIP Revision Package 39 of 162
include requirements for which emissions unit-specific information is needed to 

determine applicability. 

200.59 MAJOR MODIFICATION - 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 VOCs shall be considered 

significant for ozone.

b. Any net emissions increase that is significant for oxides of nitrogen shall be 

considered significant for ozone nonattainment areas classified as marginal, 

moderate, serious, or severe.

c. For the purposes of this definition, the following shall not be considered a 

physical change or a change in the method of operation:

(1) Routine maintenance, repair, and replacement; 

(2) 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;

(3) Use of an alternative fuel by reason of an order or rule under Section 125-

Measures to Prevent Economic Disruption or Unemployment of the Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source that either:

(a) 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 Rule 200-Permit Requirements, Rule 210-Title V 

Permit Provisions, Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources, Rule 245-Continuous 

MCAQD SIP Revision Package 40 of 162
Source Emission Monitoring, and Rule 270-Performance Tests of 

these rules; or

(b) The source is approved to use under any permit issued under 40 CFR 

52.21, or under Rule 200-Permit Requirements, Rule 210-Title V 

Permit Provisions, Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources, Rule 245-Continuous 

Source Emission Monitoring, and Rule 270-Performance Tests of 

these rules;

(6) 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 Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, 

Rule 240-Permits for New Major Sources and Major Modifications to 

Existing Major Sources, Rule 245-Continuous Source Emission 

Monitoring, and Rule 270-Performance Tests of these rules;

(7) Any change in ownership at a stationary source;

(8) The addition, replacement, or use of a pollution control project at an 

existing electric utility steam generating unit, unless the Control Officer 

determines that the addition, replacement, or use renders the unit less 

environmentally beneficial, or except:

(a) When the Control Officer 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

(b) The Control Officer determines that the increase will cause or 

contribute to a violation of any national ambient air quality standard, 

prevention of significant deterioration (PSD) increment, or visibility 

limitation;

(9) The installation, operation, cessation, or removal of a temporary clean coal 

technology demonstration project, if the project complies with:

MCAQD SIP Revision Package 41 of 162
(a) The State Implementation Plan (SIP); and

(b) Other requirements necessary to attain and maintain the national 

ambient air quality standards during the project and after it is 

terminated;

(10) For electric utility steam generating units located in attainment and 

unclassified 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 of any 

regulated pollutant emitted by the unit. This exemption shall apply on a 

pollutant-by-pollutant basis; and

(11)For electric utility steam generating units located in attainment and 

unclassified areas only, the reactivation of a very clean coal-fired electric 

utility steam generating unit.

200.60 MAJOR SOURCE - 

a. A major source as defined in Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources of these rules;

b. A major source under Section 112-National Emission Standards for 

Hazardous Air Pollutants of the Act:

(1) For pollutants other than radionuclides, any stationary source that emits or 

has the potential to emit, in the aggregate, including fugitive emissions, 10 

tons per year (tpy) or more of any hazardous air pollutant which has been 

listed under 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 

Title 18-Environmental Quality, Chapter 2-Department of Environmental 

Quality Air Pollution Control, Article 11-Federal Hazardous Air Pollutants 

of the Arizona Administrative Code. 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 

MCAQD SIP Revision Package 42 of 162
under common control, to determine whether such units or stations are 

major sources; or

(2) For radionuclides, major source shall have the meaning specified by the 

Administrator by rule.

c. A major stationary source, as defined in Section 302-Definitions of the Act, 

that directly emits or has the potential to emit 100 tpy or more of any air 

pollutant, including 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 purpose of 

Section 302(j) of the Act, unless the source belongs to one of the following 

categories of stationary source:

Coal cleaning plants (with thermal dryers).

Kraft pulp mills.

Portland cement plants.

Primary zinc smelters.

Iron and steel mills.

Primary aluminum ore reduction plants.

Primary copper smelters.

Municipal incinerators capable of charging more than 50 tons of refuse per 

day.

Hydrofluoric, sulfuric, or nitric acid plants.

Petroleum refineries.

Lime plants.

Phosphate rock processing plants.

Coke oven batteries.

Sulfur recovery plants.

Carbon black plants (furnace process).

Primary lead smelters.

Fuel conversion plants.

Sintering plants.

Secondary metal production plants.

Chemical process plants.

MCAQD SIP Revision Package 43 of 162
Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

BTU per hour heat input.

Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels.

Taconite ore processing plants.

Glass fiber processing plants.

Charcoal production plants.

Fossil fuel-fired steam electric plants of more than 250 million BTU per hour 

rated heat input. 

Any other stationary source category which, as of August 7, 1980, is being 

regulated under Section 111-Standards of Performance for New Stationary 

Sources of the Act or under Section 112-National Emission Standards for 

Hazardous Air Pollutants of the Act.

200.61 MAJOR SOURCE THRESHOLD – 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 Section 200.60-Definition of Major Source of this rule. 

200.62 MALFUNCTION - Any sudden and unavoidable failure of air pollution control 

equipment, process, or process equipment to operate in a normal and usual 

manner. 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 shall not be considered malfunctions.

200.63 MATERIAL PERMIT CONDITION - 

a. For the purposes of ARS §49-464(G) and ARS §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 Control 

Officer or by the Director after the effective date of this rule.

(2) The condition is identified within the permit as a material permit 

condition.

(3) The condition is one of the following:

MCAQD SIP Revision Package 44 of 162
(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 Rule 372-Maricopa County 

Hazardous Air Pollutants (HAPs) Program of these rules.

(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-Standards of 

Performance for New Stationary Sources of the Act or Title I-Air 

Pollution Prevention and Control, Part C or D, of the Act.

(4) Violation of the condition is not covered by Subsections (A) through (F) 

or (H) through (J) of ARS §49-464 or Subsections (A) through (F) or (H) 

through (J) of ARS §49-514.

b. For the purposes of Sections 200.63(a)(3)(c), (d), and (e) of this rule, a permit 

condition shall not be material where the failure to comply resulted from 

circumstances which were outside the control of the source.

200.64 METHOD OF OPERATION - The definition of method of operation is 

included in Section 200.72-Definition of Operation of this rule.

200.65 MODIFICATION - A physical change in or a change in the method of 

operation of a source which increases the actual emissions of any regulated air 

pollutant emitted by such source by more than any relevant deminimis amount, or 

which results in the emission of any regulated air pollutant not previously emitted 

by more than such deminimis amount.

200.66 NET EMISSIONS INCREASE - 

MCAQD SIP Revision Package 45 of 162
a. The amount by which the sum of Section 200.66(a)(1) and Section 200.66(a)(2) 

below exceed zero:

(1) Any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source; and

(2) 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:

(1) The date five years before construction on the particular change 

commences; and

(2) The date that the increase from the particular change occurs.

c. An increase or decrease in actual emissions is creditable only if the Control 

Officer 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 particulate matter which occurs before the applicable baseline date, as 

described in Rule 500-Attainment Area Classification of these rules, 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:

(1) The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions;

(2) The emissions unit was actually operated and emitted the specific 

pollutant;

MCAQD SIP Revision Package 46 of 162
(3) It is federally enforceable at and after the time that actual construction on 

the particular change begins; and

(4) It has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change.

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.

200.67 NEW SOURCE - Any source that is not an existing source.

200.68 NITROGEN OXIDES (NOX) - All oxides of nitrogen except nitrous oxide, as 

measured by test methods set forth in the Appendices to 40 CFR 60.

200.69 NONATTAINMENT AREA - An area so designated by the Administrator, 

acting under Section 107-Air Quality Control Regions of the Act, as exceeding 

national primary or secondary ambient air standards for a particular pollutant or 

pollutants.

200.70 NON-PRECURSOR ORGANIC COMPOUND - 

a. Any of the following organic compounds that have been designated by the 

EPA as having negligible photo-chemical reactivity:

67-64-1 Acetone;

74-82-8 Methane;

74-84-0 Ethane;

75-09-2 Methylene chloride (dichloromethane);

71-55-6 1,1,1-trichloroethane (methyl chloroform);

75-69-4 Trichlorofluoromethane (CFC-11);

75-71-8 Dichlorodifluoromethane (CFC-12);

75-45-6 Chlorodifluoromethane (HCFC-22);

76-13- 1 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

6-14-2 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);

MCAQD SIP Revision Package 47 of 162
6-15-3 Chloropentafluoroethane (CFC-115);

5-46-7 Trifluoromethane (HFC-23);

06-83-2 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

837-89-0 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

717-00-6 1,1-dichloro-1-fluoroethane (HCFC-141b);

5-68-3 1-chloro-1,1-difluoroethane (HCFC-142b);

34-33-6 Pentafluoroethane (HFC-125);

354-25-6 1,1,2,2-tetrafluoroethane (HFC-134);

811-97-2 1,1,1,2-tetrafluoroethane (HFC-134a);

420-46-2 1,1,1-trifluoroethane (HFC-143a);

75-37-6 1,1-difluoroethane (HFC-152a);

98-56-6 Parachlorobenzotrifluoride (PCBTF);

127-18-4 Perchloroethylene (tetrachloroethylene); 

422-56-0 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

507-55-1 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

75-10-5 Difluoromethane (HFC-32);

353-36-6 Ethylfluoride (HFC-161);

690-39-1 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

678-86-7 1,1,2,2,3-pentafluoropropane (HFC-245ca);

460-73-1 1,1,2,3,3-pentafluoropropane (HFC-245ea);

431-31-2 1,1,1,2,3-pentafluoropropane (HFC-245eb);

1,1,1,3,3-pentafluoropropane (HFC-245fa);

431-63-0 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

1,1,1,3,3-pentafluorobutane (HFC-365mfc);

593-70-4 Chlorofluoromethane (HCFC-31);

1615-75-4 1-chloro-1-fluoroethane (HCFC-151a);

354-23-4 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

163702-07-6 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3) 

(HFE-7100);

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane

((CF3)2CFCF2OCH3);

163702-05-41 -ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5) 

MCAQD SIP Revision Package 48 of 162
(HFE-7200); 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OC2H5);

79-20-9 methyl acetate;

cyclic, branched, or linear completely methylated siloxanes;

375-03-1 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propan (nC3F7OCH3,HFE-7000);

431-89-0 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);

107-31-3 methyl formate (HCOOCH3);

and perfluorocarbon compounds that fall into these classes:

Cyclic, branched, or linear, completely fluorinated alkanes;

Cyclic, branched, or linear, completely fluorinated ethers 

with no unsaturations; Cyclic, branched, or linear, 

completely fluorinated tertiary amines with no 

unsaturations; and 

Sulfur containing perfluorocarbons with no unsaturations 

and with sulfur bonds only to carbon and fluorine. 

b. The following compound(s) are 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 (540-88-5).

200.71 OPEN OUTDOOR FIRE - Any combustion of material of any type outdoors, 

where the products of combustion are not directed through a flu.

200.72 OPERATION - Any physical action resulting in a change in the location, form, 

or physical properties of a material, or any chemical action resulting in a change in 

the chemical composition or properties of a material.

200.73 ORGANIC COMPOUND - Any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and 

ammonium carbonate.

MCAQD SIP Revision Package 49 of 162
200.74 ORGANIC LIQUID - Any organic compound which exists as a liquid under any 

actual conditions of use, transport, or storage.

200.75 OWNER AND/OR OPERATOR - Any person who owns, leases, operates, 

controls, or supervises an affected facility or a stationary source of which an 

affected facility is a part.

200.76 PARTICULATE MATTER - Any material, except condensed water containing 

no more than analytical trace amounts of other chemical elements or compounds, 

which has a nominal aerodynamic diameter smaller than 100 microns 

(micrometers) and which exists in a finely divided form as a liquid or solid at actual 

conditions. 

200.77 PERMITTING AUTHORITY - The department or a County department or 

agency that is charged with enforcing a permit program adopted under ARS §49-

480, Subsection A.

200.78 PERSON - Any individual, public or private corporation, company, partnership, 

firm, association or society of persons, the Federal Government and any of its 

departments or agencies, or the State and any of its agencies, departments or 

political subdivisions.

200.79 PHYSICAL CHANGE - Any replacement, addition, or alteration of equipment 

that is not already allowed under the terms of the source's permit.

200.80 PM2.5 - Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 microns (micrometers), as measured by the applicable State and 

Federal Reference Test Methods.

200.81 PM10 - Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 microns (micrometers), as measured by the applicable State and 

Federal Reference Test Methods.

200.82 POLLUTANT – An air contaminant the emissions or ambient 

concentration of which is regulated under these rules.

MCAQD SIP Revision Package 50 of 162
200.83 POLLUTION CONTROL PROJECT - 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 but not limited to 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 but not limited to 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 Appropriation 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 EPA; or

d. A permanent clean coal technology demonstration project that constitutes a 

repowering project.

200.84 PORTABLE SOURCE – Any stationary source that is capable of being 

transported and operated in more than one county of this state.

200.85 POTENTIAL TO EMIT - The maximum capacity of a stationary source to emit 

pollutants, 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.

200.86 PROPOSED PERMIT - The version of a permit for which the Control Officer 

offers public participation under Rule 210-Title V Permit Provisions of these rules 

MCAQD SIP Revision Package 51 of 162
or offers affected State review under Rule 210-Title V Permit Provisions of these 

rules.

200.87 PROPOSED FINAL PERMIT - The version of a Title V permit that the 

Control Officer proposes to issue and forwards to the Administrator for review, in 

compliance with Rule 210-Title V Permit Provisions of these rules.

200.88 QUANTIFIABLE - 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.

200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC 

UTILITY STEAM GENERATING UNIT - 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 2-year period before enactment of the Clean 

Air Act Amendments of 1990 and the emissions from the unit continue to be 

carried in the Maricopa County 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 nitrogen oxides (NOx) burners before commencement 

of operations following reactivation; and

d. Is otherwise in compliance with the Act.

200.90 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) - For 

facilities subject to Regulation III-Control of Air Contaminants of these rules, the 

emissions limitation of the existing source performance standard. For facilities not 

subject to Regulation III-Control of Air Contaminants of these rules, the lowest 

emission limitation that a particular source is capable of achieving by the 

MCAQD SIP Revision Package 52 of 162
application of control technology that is reasonably available considering 

technological and economic feasibility. Such technology may previously have been 

applied to a similar, but not necessarily identical, source category. RACT for a 

particular facility, other than a facility subject to Regulation III-Control of Air 

Contaminants of these rules, is determined on a case-by-case basis, considering the 

technological feasibility and cost-effectiveness of the application of the control 

technology to the source category.

200.91 REFERENCE METHOD - Any of the methods of sampling and analyzing for 

an air pollutant as described in the Arizona Testing Manual for Air Pollutant 

Emissions; 40 CFR 50, Appendices A through L; 40 CFR 52, Appendices D and 

E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C.

200.92 REGULATED AIR POLLUTANT - Any of the following:

a. Any conventional air pollutant as defined in ARS §49-401.01, which means any 

pollutant for which the Administrator has promulgated a primary or a 

secondary national ambient air quality standard (NAAQS) (i.e., for carbon 

monoxide (CO), nitrogen oxides (NOX), lead, sulfur oxides (SOX) measured as 

sulfur dioxides (SO2), ozone, and particulates).

b. Nitrogen oxides (NOX) and volatile organic compounds (VOCs).

c. Any air contaminant that is subject to a standard contained in Rule 360-New 

Source Performance Standards of these rules or promulgated under Section 

111-Standards of Performance for New Stationary Sources of the Act.

d. Any hazardous air pollutant (HAP) as defined in Rule 372-Maricopa County 

Hazardous Air Pollutants (HAPs) Program of these rules.

e. Any Class I or II substance listed in Section 602-Stratospheric Ozone

Protection; Listing of Class I and Class II Substances of the Act.

200.93 REGULATORY REQUIREMENTS - All applicable requirements, 

Department rules, and all State requirements pertaining to the regulation of air 

contaminants.

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200.94 REPLICABLE - With respect to methods or procedures sufficiently 

unambiguous such that the same or equivalent results would be obtained by the 

application of the method or procedure by different users.

200.95 REPOWERING - The Control Officer shall give expedited consideration to 

permit applications for any source that satisfies the following criteria and that is 

granted an extension under Section 409-Repowered Sources of the Act:

a. Repowering means replacing an existing coal-fired boiler with one of the 

following clean coal technologies:

(1) Atmospheric or pressurized fluidized bed combustion;

(2) Integrated gasification combined cycle;

(3) Magnetohydrodynamics;

(4) Direct and indirect coal-fired turbines;

(5) Integrated gasification fuel cells; or

(6) As determined by the Administrator, in consultation with the United 

States Secretary of Energy, a derivative of one or more of the above 

listed technologies; and 

(7) 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 units which have 

been awarded clean coal technology demonstration funding as of January 1, 

1991 by the United States Department of Energy.

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS - The average rate, 

in tons per year, at which the 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 within 10 years after that change, if the Control 

Officer determines that the different period is more representative of source 

MCAQD SIP Revision Package 54 of 162
operations), considering the effect the change will have on increasing or decreasing 

the hourly emission rate and on projected capacity utilization. In projecting future 

emissions, the Control Officer shall:

a. Consider all relevant information, including but not limited to historical 

operational data, the company’s representations, filings with the Maricopa 

County, State or Federal regulatory authorities, and compliance plans under 

Title IV-Acid Deposition Control of the Act; and

b. Exclude, in calculating any increase in emissions that result 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 that 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.

200.97 RESPONSIBLE OFFICIAL - 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;

(1) The sources employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or

(2) 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 rule, a 

MCAQD SIP Revision Package 55 of 162
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); or

d. For affected sources:

(1) The designated representative insofar as actions, standards, requirements, 

or prohibitions under Title IV-Acid Deposition Control of the Act or the 

regulations promulgated thereunder are concerned; and

(2) The designated representative for any other purposes under 40 CFR, Part 

70.

200.98 SCHEDULED MAINTENANCE - Preventive maintenance undertaken in 

order to avoid a potential breakdown or upset of air pollution control equipment.

200.99 SIGNIFICANT - 

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 

one of the following rates:

Pollutant Emissions Rate (TPY)

Carbon Monoxide 100

Nitrogen Oxides 40

Sulfur Dioxide 40

Particulate Matter 25

PM10 15

VOC 40

Lead 0.6

Fluorides 3 

Sulfuric Acid Mist 7 

Hydrogen Sulfide (H2S) 10

Total Reduced Sulfur 

(including hydrogen sulfide) 10

Reduced Sulfur Compounds

(including hydrogen sulfide) 10

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Municipal waste combustor organics

(measured as total tetra-throughocta-chlorinated: dibenzo-p-dioxins

and dibenzofurans) 3.5 x 10-6

Municipal waste combustor metals

(measured as particulate matter) 15

Municipal waste combustor acid gases

(measured as sulfur dioxide and hydrogen chloride) 40

Municipal solid waste landfill emissions

(measured as nonmethane organic compounds) 50

b. In ozone nonattainment areas classified as serious or severe, significant 

emissions of VOC shall be determined under Rule 240-Permit Requirements 

For New Major Sources and Major Modifications to Existing Major Sources of 

these rules.

c. In reference to a regulated air pollutant that is not listed in Section 200.99(a) of 

this rule, is not a Class I nor a Class II substance listed in Section 602-Listing 

of Class I and Class II Substances of the Act and is not a hazardous air 

pollutant according to Rule 372-Maricopa County Hazardous Air Pollutants 

(HAPs) Program of these rules, any emissions rate.

d. Notwithstanding the emission amount listed in Section 200.99(a) of this rule, 

any emissions rate or any net emissions increase associated with a major source 

or major modification, which would be constructed within 10 kilometers (6.2 

miles) of a Class I area and which would have an impact on the ambient air 

quality of such area equal to or greater than 1 microgram/cubic meter (mg/m3) 

(24-hour average).

200.100 SOLVENT-BORNE COATING MATERIAL - Any liquid coating-material in 

which the solvent is primarily or solely a VOC. For the purposes of this definition, 

“primarily” means that of the total solvent mass that evaporates from the coating, 

the VOC portion weighs more than the non-VOC portion.

200.101 SOURCE - Any building, structure, facility, or installation that may cause or 

contribute to air pollution.

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200.102 SPECIAL INSPECTION WARRANT - An order, in writing, issued in the 

name of the State of Arizona, signed by a magistrate, directed to the Control 

Officer or his deputies authorizing him to enter into or upon public or private 

property for the purpose of making an inspection authorized by law.

200.103 STANDARD CONDITIONS - A temperature of 293K (68 degrees Fahrenheit 

or 20 degrees Celsius) and a pressure of 101.3 kilopascals (29.92 in.Hg or 1013.25 

mb). When applicable, all analyses and tests shall be calculated and reported at 

standard gas temperatures and pressure values.

200.104 STATE IMPLEMENTATION PLAN (SIP) - 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 under the Act.

200.105 STATIONARY SOURCE - Any source that operates at a fixed location and that 

emits or generates regulated air pollutants.

200.106 SYNTHETIC MINOR - Any source whose maximum capacity to emit a 

pollutant under its physical and operational design would exceed the major source 

threshold levels but is restricted by an enforceable emissions limitation that 

prevents such source from exceeding major source threshold levels. 

200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION 

PROJECT - 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.

200.108 TITLE V - Title V of the Federal Clean Air Act as amended in 1990 and the 40 

CFR Part 70 EPA regulations adopted to implement the Act.

200.109 TOTAL REDUCED SULFUR (TRS) - 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.

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200.110 TRADE SECRETS - Information to which all of the following apply:

a. A person has taken reasonable measures to protect from disclosure and the 

person intends to continue to take such measures.

b. The information is not, and has not been, reasonably obtainable without the 

person’s consent by other persons, other than governmental bodies, by use of 

legitimate means, other than discovery based on a showing of special need in a 

judicial or quasi-judicial proceeding.

c. No statute, including ARS §49-487, specifically requires disclosure of the 

information to the public.

d. The person has satisfactorily shown that disclosure of the information is likely 

to cause substantial harm to the business’s competitive position.

200.111 TRIVIAL ACTIVITY – For the purpose of this rule, a trivial activity shall be any 

activity, process, or emissions unit that, in addition to meeting the criteria for 

insignificant activity, has extremely low emissions. No activity, process, or 

emissions unit that is conducted as part of a manufacturing process or is related to 

the source’s primary business activity shall be considered trivial. Trivial activities 

are listed in Appendix E of these rules and may be omitted from Title V permit 

applications and from Non-Title V permit applications. 

200.112 UNCLASSIFIED AREA - An area which the Administrator, because of lack of 

adequate data, is unable to classify as an attainment or nonattainment area for a 

specific pollutant. For purposes of these rules, unclassified areas are to be treated 

as attainment areas.

200.113 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound 

which participates in atmospheric photochemical reactions, except the nonprecursor organic compounds.

SECTION 300 - STANDARDS

301 AIR POLLUTION PROHIBITED: No person shall discharge from any source whatever 

into the atmosphere regulated air pollutants which exceed in quantity or concentration that 

specified and allowed in these rules, the Arizona Administrative Code or ARS, or which cause 

MCAQD SIP Revision Package 59 of 162
damage to property, or unreasonably interfere with the comfortable enjoyment of life or 

property of a substantial part of a community, or obscure visibility, or which in any way 

degrade the quality of the ambient air below the standards established by the Board of 

Supervisors or the Director.

302 APPLICABILITY OF MULTIPLE RULES: Whenever more than one standard in this 

rule applies to any source or whenever a standard in this rule and a standard in the Maricopa 

County Air Pollution Control Regulations Regulation III-Control of Air Contaminants applies 

to any source, the rule or combination of rules resulting in the lowest rate or lowest 

concentration of regulated air pollutants released to the atmosphere shall apply, unless 

otherwise specifically exempted or designated.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS: Any 

application form or report submitted under these rules shall contain certification by a 

responsible official of truth, accuracy, and completeness of the application form or report as of 

the time of submittal. This certification and any other certification required under these rules 

shall state that, based on information and belief formed after reasonable inquiry, the 

statements and information in the document are true, accurate, and complete.

402 CONFIDENTIALITY OF INFORMATION: 

402.1 The Control Officer shall make all permits, including all elements required to be in 

the permit under Rule 210-Title V Permit Provisions of these rules and Rule 220-

Non-Title V Permit Provisions of these rules, available to the public.

402.2 Any records, reports, or information obtained from any person under these rules 

shall be available to the public, unless the Control Officer has notified the person 

in writing as specified in Section 402.3 of this rule and unless a person:

a. Precisely identifies the information in the permit(s), records, or reports, which 

is considered confidential.

b. Provides sufficient supporting information to allow the Control Officer to 

evaluate whether such information satisfies the requirements related to trade 

secrets as defined in Section 200.110 of this rule.

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402.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 

402.2 of this rule, the Control Officer shall make a determination as to whether the 

information satisfies the requirements for trade secrets as described in Section 

200.110 of this rule and so notify the applicant in writing. If the Control Officer 

agrees with the applicant that the information covered by the notice of 

confidentiality satisfies the statutory requirements, the Control Officer shall 

include a notice in the administrative record of the permit application that certain 

information has been considered confidential.

402.4 A claim of confidentiality shall not excuse a person from providing any and all 

information required or requested by the Control Officer.

402.5 A claim of confidentiality shall not be a defense for failure to provide such 

information.

SECTION 500 - MONITORING AND RECORDS

501 REPORTING REQUIREMENTS: The owner and/or operator of any air pollution source 

shall maintain records of all emissions testing and monitoring, records detailing all 

malfunctions which may cause any applicable emission limitation to be exceeded, records 

detailing the implementation of approved control plans and compliance schedules, records 

required as a condition of any permit, records of materials used or produced, and any other 

records relating to the emission of air contaminants which may be requested by the Control 

Officer.

502 DATA REPORTING: When requested by the Control Officer, a person shall furnish to the 

Department information to locate and classify air contaminant sources according to type, level, 

duration, frequency, and other characteristics of emissions and such other information as may 

be necessary. This information shall be sufficient to evaluate the effect on air quality and 

compliance with these rules. The owner and/or operator of a source requested to submit 

information under Section 501 of this rule may subsequently be required to submit annually, or 

at such intervals specified by the Control Officer, reports detailing any changes in the nature of 

the source since the previous report and the total annual quantities of materials used or air 

contaminants emitted.

MCAQD SIP Revision Package 61 of 162
503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request 

of the Control Officer and as directed by the Control Officer, the owner and/or operator of 

any source which emits or may emit oxides of nitrogen (NOx) or volatile organic compounds 

(VOC) shall provide the Control Officer with an emission statement, in such form as the 

Control Officer prescribes, showing measured actual emissions or estimated actual emissions 

of NOx and VOC from that source. At a minimum, the emission statement shall contain all 

information required by the Consolidated Emissions Reporting Rule in 40 CFR 51, Subpart A, 

Appendix A, Table 2A, which is incorporated by reference in Appendix G of these rules. The 

statement shall contain emissions for the time period specified by the Control Officer. The 

statement shall also contain a certification by a responsible official of the company that the 

information contained in the statement is accurate to the best knowledge of the individual 

certifying the statement. Statements shall be submitted annually to the Department. The 

Control Officer may waive this requirement for the owner and/or operator of any source 

which emits less than 25 tons per year of oxides of nitrogen or volatile organic compounds 

with an approved emission inventory for sources based on AP-42 or other methodologies 

approved by the Administrator.

504 RETENTION OF RECORDS: Information and records required by applicable 

requirements and copies of summarizing reports recorded by the owner and/or operator and 

submitted to the Control Officer shall be retained by the owner and/or operator for five years 

after the date on which the information is recorded or the report is submitted. Non-Title V 

sources may retain such information, records, and reports for less than five years, if otherwise 

allowed by these rules.

505 ANNUAL EMISSIONS INVENTORY REPORT: 

505.1 Upon request of the Control Officer and as directed by the Control Officer, the 

owner and/or operator of a business shall complete and shall submit to the 

Control Officer an annual emissions inventory report. The report is due by April 

30, or 90 days after the Control Officer makes the inventory form(s) available, 

whichever occurs later. These requirements apply whether or not a permit has 

been issued and whether or not a permit application has been filed.

MCAQD SIP Revision Package 62 of 162
505.2 The annual emissions inventory report shall be in the format provided by the 

Control Officer.

505.3 The Control Officer may require submittal of supplemental emissions inventory 

information forms for air contaminants under ARS §49-476.01, ARS §49-480.03, 

and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of 

these rules.

MCAQD SIP Revision Package 63 of 162
Appendix 2: Agenda Form and Notice of Final 

Rulemaking

MCAQD SIP Revision Package 64 of 162
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MCAQD SIP Revision Package 66 of 162
NOTICE OF FINAL RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION I – GENERAL PROVISIONS

RULE 100 – GENERAL PROVISIONS AND DEFINITIONS

PREAMBLE

1. Rule affected Rulemaking action

Rule 100: General Provisions and Definitions Amended 

2. Statutory authority for the rulemaking:

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

Implementing statute: A.R.S. § 49-112

3. The effective date of the rule:

Date of adoption: September 25, 2013

4. List of all previous notices addressing this rulemaking:

Notice of Briefing to Maricopa County Manager: January 7, 2013.

Notice of Stakeholder Workshop: February 7, 2013.

Notice of Maricopa County Board of Health Meeting to Initiate Regulatory Change: April 

22, 2013.

Notice of Proposed Rulemaking: 19 A.A.R. 1018, May 17, 2013.

Public Hearing Date Set for September 25, 2013 by the Maricopa County Board of 

Supervisors: August 7, 2013.

The Arizona Business Gazette (Phoenix) Public Notice ID: 20499498: Published August 15 

and 22, 2013.

The Record Reporter (Phoenix) Public Notice ID: 20489261: Published August 14 and 21, 

2013.

Maricopa County Board of Supervisors’ Public Hearing: September 25, 2013. 

5. Name and address of department personnel with whom persons may communicate 

regarding the rulemaking:

Name: Johanna M. Kuspert 

Maricopa County Air Quality Department 

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Planning and Analysis Division 

Address: 1001 N Central Avenue, Suite 125

Phoenix, Arizona 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-Mail: aqplanning@mail.maricopa.gov 

6. Explanation of the rule, including the department's reasons for initiating the 

rulemaking:

The U.S. Environmental Protection Agency (EPA) partially approved and partially 

disapproved a State Implementation Plan (SIP) revision submitted by the State of Arizona to 

address the requirements of section 110(a)(2)(E)(ii) of the Clean Air Act (CAA) for the 1997 

8-hour ozone national ambient air quality standards (NAAQS) and the 1997 and 2006 

NAAQS for fine particulate matter (PM2.5). The EPA disapproved, on narrow grounds, the 

state’s provisions regarding board composition under CAA section 128(a)(1), because these 

provisions do not apply to enforcement orders. 

When the EPA promulgates a new NAAQS or revises an existing NAAQS, such action 

triggers a requirement for states to submit an infrastructure SIP to address the applicable 

requirements of section 110(a)(2) within three years of issuance of the new or revised 

NAAQS. Section 110(a)(2) includes a list of specific elements that each such plan 

submission must meet, including section 110(a)(2)(E)(ii), which requires compliance with the 

requirements of section 128 of the CAA. On March 27, 2008 (73 FR 16205), the EPA found 

that Arizona had failed to make a complete submittal to satisfy the requirements of section 

110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS. On October 22, 2008 (73 FR 62902), 

the EPA found that Arizona had failed to make a complete submittal to satisfy the 

requirements of section 110(a)(2)(E)(ii) for the 1997 PM2.5 NAAQS.

The State board SIP provisions in section 128 require each state to submit a SIP that 

contains requirements that (1) any board or body which approves permits or enforcement 

orders under the CAA shall have at least a majority of members who represent the public 

interest and do not derive any significant portion of their income from persons subject to 

permits or enforcement orders under the CAA and (2) any potential conflicts of interest by 

members of such board or body or the head of an executive agency with similar powers be 

MCAQD SIP Revision Package 68 of 162
adequately disclosed. Arizona Revised Statutes (A.R.S.) § 49-478(B) established the 

compositional requirements of the county Air Quality Hearing Boards, namely that they 

consist of five members and that “...at least three members shall not have substantial 

interest, as defined in section 38-502, in any person required to obtain a permit pursuant to 

Title 49, Chapter 3 (Air Quality), Article 3 (County Air Pollution Control).” While this 

statute explicitly addresses interests in persons required to obtain permits, it does not address 

substantial interest with respect to interests in persons subject to enforcement orders. 

However, A.R.S. § 38-503(B), a statute relating to conflict of interest for public agencies, also 

requires disclosure of conflicts and recusal for a substantial interest in any decision of a 

public agency. Public agency is defined in A.R.S. § 38-502 to include boards and 

commissions of a political subdivision; therefore, “any decision” of the County Air Quality 

Hearing Board includes permits and enforcement orders and requires disclosure of conflicts 

and recusal.

Per 77 FR 44555, July 30, 2012 (Partial Approval and Disapproval of Air Quality 

Implementation Plans; Arizona; State Board Requirements for Ozone and Fine Particulate 

Matter): “The EPA believes that the 2009 Infrastructure SIP mostly meets the requirements 

of 128(a)(1) with respect to significant income and representing the public interest, except 

that the submitted provisions do not specifically address “substantial interest” with respect 

to interests in persons subject to enforcement orders. As a result, the EPA believes 

disapproval is the only path that is consistent with the CAA. Based on the content of Pima 

County Code 17.04.190, we believe that this narrow deficiency can be cured by Maricopa 

County amending their regulation to mirror Pima County Code 17.04.190 and by ADEQ 

submitting such amended regulation as a SIP revision.” Following this analysis of state 

statutes regarding conflict of interest and the CAA, the department amended Rule 100, 

Section 108 to be consistent with the CAA. 

Issues Raised and Discussed During This Rulemaking Process:

No issues were raised during this rulemaking process. 

Description of Amendments:

Section 100, Section 108: Hearing Board

This amendment added text to a sentence that requires county Air Quality Hearing Board 

members to not have a substantial interest in any person required to obtain an air pollution 

MCAQD SIP Revision Package 69 of 162
permit or subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. 

7. Demonstration of compliance with A.R.S. §49-112:

Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent 

than the rules adopted by the Director of the Arizona Department of Environmental Quality 

(ADEQ) for similar sources unless it demonstrates compliance with the applicable 

requirements of A.R.S. §49-112.

A.R.S. § 49-112 (A): When authorized by law, a county may adopt a rule, ordinance, or other 

regulation that is more stringent than or in addition to a provision of this title or rule adopted by the 

director or any board or commission authorized to adopt rules pursuant to this title if all the following 

conditions are met:

1. The rule, ordinance or other regulation is necessary to address a peculiar local condition; and

2. There is credible evidence that the rule, ordinance or other regulation is either:

a. Necessary to prevent a significant threat to public health or the environment that results from a 

peculiar local condition and is technically and economically feasible; or

b. Required under a federal statute or regulation, or authorized pursuant to an intergovernmental 

agreement with the federal government to enforce federal statutes or regulations if the county rule, 

ordinance or other regulation is equivalent to federal statutes or regulations.

3. Any fee or tax adopted under the rule, ordinance or other regulation will not exceed the 

reasonable costs of the county to issue and administer that permit or plan approval program.

Maricopa County is in compliance with A.R.S. § 49-112(A) in that the department adopted 

revisions to Rule 100 that are not more stringent than nor in addition to a provision of 

A.R.S. Title 49 or rules adopted by the Director of the ADEQ or any Board or Commission 

authorized to adopt rules pursuant to A.R.S. Title 49. Rule 100 does not establish fees or 

apply any tax. 

A.R.S. § 49-112(B): When authorized by law, a county may adopt rules, ordinances or other 

regulations in lieu of a state program that are as stringent as a provision of this title or rule adopted by 

the director or any board or commission authorized to adopt rules pursuant to this title if the county 

demonstrates that the cost of obtaining permits or other approvals from the county will approximately 

equal or be less than the fee or cost of obtaining similar permits or approvals under this title or any rule 

adopted pursuant to this title. If the state has not adopted a fee or tax for similar permits or approvals, 

MCAQD SIP Revision Package 70 of 162
the county may adopt a fee when authorized by law in the rule, ordinance or other regulation that does 

not exceed the reasonable costs of the county to issue and administer that permit or plan approval 

program. 

Maricopa County complies with A.R.S. § 49-112(B) in that the amendment to Rule 100 is 

not more stringent than or in addition to a provision of Title 49 or rule adopted by the 

director or any board or commission authorized to adopt rules pursuant to Title 49. The 

amendment to Rule 100 is not in lieu of a state program. 

8. Reference to any study relevant to the rule that the department reviewed and either 

proposes to rely on in its evaluation of or justification for the rule, where the public 

may obtain or review each study, all data underlying each study, and any analysis of 

each study and other supporting material:

No studies were used

9. Showing of good cause why the rule is necessary to promote a statewide interest if 

the rule will diminish a previous grant of authority of a political subdivision:

Not applicable 

10. Summary of the economic, small business, and consumer impact:

A. Summary and Identification of Rulemaking: 

The department amended a sentence in Rule 100, Section 108 (Hearing Board) that 

requires county Air Quality Hearing Board members to not individually have a 

substantial interest in an emission source subject to permits or enforcement orders 

issued under the Maricopa County Air Pollution Control Regulations. This 

amendment resolved a deficiency in a SIP revision submitted by the State of Arizona 

to address the requirements of section 110(a)(2)(E)(ii) of the Clean Air Act (CAA) 

for the 1997 8-hour ozone national ambient air quality standards (NAAQS) and the 

1997 and 2006 NAAQS for fine particulate matter (PM2.5). The amendment to Rule 

100, Section 108 is administrative and should not incur an economic, small business, 

and consumer impact. 

B. Identify who will be directly affected by, bear the costs of or directly benefit from 

the proposed rulemaking:

MCAQD SIP Revision Package 71 of 162
The amendment to Rule 100, Section 108 is administrative and no entity will be 

directly affected by, bear the costs or directly benefit from this amendment. 

C. Costs Benefit Analysis:

• Implementation and enforcement of proposed rulemaking for implementing agency. 

The amendment to Rule 100, Section 108 is administrative and requires no 

implementation or enforcement by the department. 

• Other agencies directly affected by the implementation and enforcement of 

proposed rulemaking. The amendment to Rule 100, Section 108 is administrative and 

does not directly affect any other agency.

• Number of new full-time employees necessary to implement and enforce the rule.

The amendment to Rule 100, Section 108 is administrative and requires no additional 

employees to implement and enforce this rule. 

• Council notification of number of new full-time employees necessary to implement 

and enforce the rule. The amendment to Rule 100, Section 108 is administrative and 

requires no additional employees to implement and enforce; therefore, no 

notification to the Board of Supervisors is required beyond the normal rulemaking 

process.

• The probable costs and benefits to businesses directly affected by the rulemaking, 

including any anticipated effect on the revenues or payroll expenditures of employers 

who are subject to the rulemaking. The amendment to Rule 100, Section 108 is 

administrative. Rule 100 does not establish fees or apply any tax; therefore, there is 

no cost involved in this rulemaking. The benefit to business directly affected by this 

rulemaking is that county Air Quality Hearing Board members will not have a 

substantial interest in any person required to obtain an air pollution permit or subject 

to enforcement orders issued under the Maricopa County Air Pollution Control 

Regulations. This will maintain the neutrality of the Hearing Board members 

concerning issues of permitting or enforcement activities. 

MCAQD SIP Revision Package 72 of 162
D. A general description of the probable impact on private and public employment in 

businesses, agencies and political subdivisions of this state directly affected by the 

rulemaking:

The amendment to Rule 100, Section 108 is administrative. Rule 100 does not 

establish fees or apply any tax; therefore, there is no cost involved in this rulemaking. 

The benefit to private and public employment in business agencies and political 

subdivisions is that county Air Quality Hearing Board members will not have a 

substantial interest in any person required to obtain an air pollution permit or subject 

to enforcement orders issued under the Maricopa County Air Pollution Control 

Regulations. This will maintain the neutrality of the Hearing Board members 

concerning issues of permitting or enforcement activities. 

E. A statement of the probable impact of the rulemaking on small businesses:

The amendment to Rule 100, Section 108 is administrative. Rule 100 does not 

establish fees or apply any tax; therefore, there is no cost to small business. The 

benefit to small business is that county Air Quality Hearing Board members will not 

have a substantial interest in any person required to obtain an air pollution permit or 

subject to enforcement orders issued under the Maricopa County Air Pollution 

Control Regulations. This will maintain the neutrality of the Hearing Board members 

concerning issues of permitting or enforcement activities.

The probable cost and benefit to private persons and consumers who are directly 

affected by this rulemaking:

The amendment to Rule 100, Section 108 is administrative. Rule 100 does not 

establish fees or apply any tax; therefore, there is no cost involved in this rulemaking. 

The benefit to private persons and consumers is that county Air Quality Hearing 

Board members will not have a substantial interest in any person required to obtain 

an air pollution permit or subject to enforcement orders issued under the Maricopa 

County Air Pollution Control Regulations. This will maintain the neutrality of the 

Hearing Board members concerning issues of permitting or enforcement activities. 

F. The probable effect on county revenues:

MCAQD SIP Revision Package 73 of 162
The amendment to Rule 100, Section 108 is administrative. Rule 100 does not 

establish fees or apply any tax; therefore, there are no county revenues involved in 

this rulemaking.

G. A description of any less intrusive or less costly alternative methods of achieving the 

purpose of the rulemaking, including the monetizing of the costs and benefits for 

each option and providing the rationale for not using nonselected alternatives: 

The amendment to Rule 100, Section 108 is administrative. Rule 100 does not 

establish fees or apply any tax. There is no cost involved in this rulemaking, so no 

less intrusive or less costly alternative methods were evaluated for this rulemaking.

H. A description of any data on which the rule is based: 

This rulemaking was initiated due to the EPA disapproval, on narrow grounds, of 

the state’s provisions regarding board composition under CAA section 128(a)(1), 

because the provisions did not apply to enforcement orders. The amendment to Rule 

100, Section 108 corrected this provision. No studies or additional data was used in 

this rulemaking.

I. If for any reason adequate data are not reasonably available, the agency shall explain 

the limitations of the data and the methods that were employed in the attempt to 

obtain the data and shall characterize the probable impacts in qualitative terms:

This rulemaking was initiated due to the EPA disapproval, on narrow grounds, of 

the state’s provisions regarding board composition under CAA section 128(a)(1), 

because the provisions did not apply to enforcement orders. The amendment to Rule 

100, Section 108 corrected this provision. No studies or additional data was used in 

this rulemaking.

11. Name and address of department personnel with whom persons may communicate 

regarding the accuracy of the economic, small business, and consumer impact:

Name: Johanna M. Kuspert 

Maricopa County Air Quality Department 

Planning and Analysis Division 

MCAQD SIP Revision Package 74 of 162
Address: 1001 N Central Avenue, Suite 125

Phoenix, AZ 85004

Telephone: (602) 506-6010

Fax: (602) 506-6179

E-Mail: aqplanning@mail.maricopa.gov 

12. Description of the changes between the proposed rule, including supplemental 

notices and final rule:

No changes were made between the proposed rule and the final rule 

13. Summary of the comments made regarding the rule and the department response to 

them:

No comments in support or in opposition were received 

14. Other matters prescribed by statute that are applicable to the specific department or 

to any specific rule or class of rules:

Not applicable 

15. Incorporations by reference and their location in the rule:

Not applicable 

16. Was the rule previously an emergency rule?

No

17. Full text of the rule follows:

MCAQD SIP Revision Package 75 of 162
REGULATION I - GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

INDEX

SECTION 100 - GENERAL

101 DECLARATION OF INTENT

102 LEGAL AUTHORITY

103 VALIDITY

104 CIRCUMVENTION

105 RIGHT OF INSPECTION OF PREMISES

106 RIGHT OF INSPECTION OF RECORDS

107 ADVISORY COUNCIL

108 HEARING BOARD

109 ANTI-DEGRADATION

110 AVAILABILITY OF POLLUTION INFORMATION

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT

112 AVAILABILITY OF INFORMATION

SECTION 200 - DEFINITIONS

200.1 AAC

200.2 ACT

200.3 ACTUAL EMISSIONS

200.4 ADMINISTRATOR

200.5 ADVISORY COUNCIL

200.6 AFFECTED FACILITY

200.7 AFFECTED SOURCE

200.8 AFFECTED STATE

200.9 AIR CONTAMINANT

200.10 AIR POLLUTION

200.11 AIR POLLUTION CONTROL EQUIPMENT

200.12 ALLOWABLE EMISSIONS

200.13 AMBIENT AIR

200.14 AP-42

200.15 APPLICABLE IMPLEMENTATION PLAN

MCAQD SIP Revision Package 76 of 162
200.16 APPLICABLE REQUIREMENT

200.17 APPROVED

200.18 AREA SOURCE

200.19 ARS

200.20 ASME

200.21 ASTM

200.22 ATTAINMENT AREA

200.23 BEGIN ACTUAL CONSTRUCTION

200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)

200.25 BRITISH THERMAL UNIT (BTU)

200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION

200.27 CFR

200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE

200.29 CLEAN COAL TECHNOLOGY

200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT

200.31 COMMENCE

200.32 COMPLETE

200.33 CONSTRUCTION

200.34 CONTROL OFFICER

200.35 DEPARTMENT

200.36 DIRECTOR

200.37 DISCHARGE

200.38 DIVISION

200.39 DUST GENERATING OPERATION

200.40 EFFLUENT

200.41 ELECTRIC UTILITY STEAM GENERATING UNIT

200.42 EMISSION STANDARD

200.43 EMISSIONS UNIT

200.44 EPA

200.45 EQUIVALENT METHOD

200.46 EXCESS EMISSIONS

200.47 EXISTING SOURCE

200.48 FACILITY

200.59 FEDERAL APPLICABLE REQUIREMENT

MCAQD SIP Revision Package 77 of 162
200.50 FEDERAL LAND MANAGER

200.51 FEDERALLY ENFORCEABLE

200.52 FINAL PERMIT

200.53 FUEL OIL

200.54 FUGITIVE EMISSION

200.55 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE CONTROL 

TECHNOLOGY (HAPRACT)

200.56 INDIAN GOVERNING BODY

200.57 INDIAN RESERVATION

200.58 INSIGNIFICANT ACTIVITY

200.59 MAJOR MODIFICATION

200.60 MAJOR SOURCE

200.61 MAJOR SOURCE THRESHOLD

200.62 MALFUNCTION

200.63 MATERIAL PERMIT CONDITION

200.64 METHOD OF OPERATION

200.65 MODIFICATION

200.66 NET EMISSIONS INCREASE

200.67 NEW SOURCE

200.68 NITROGEN OXIDES (NOX) 

200.69 NONATTAINMENT AREA

200.70 NON-PRECURSOR ORGANIC COMPOUND

200.71 OPEN OUTDOOR FIRE

200.72 OPERATION

200.73 ORGANIC COMPOUND

200.74 ORGANIC LIQUID

200.75 OWNER AND/OR OPERATOR

200.76 PARTICULATE MATTER

200.77 PERMITTING AUTHORITY

200.78 PERSON

200.79 PHYSICAL CHANGE

200.80 PM2.5

200.81 PM10

200.82 POLLUTANT

MCAQD SIP Revision Package 78 of 162
200.83 POLLUTION CONTROL PROJECT

200.84 PORTABLE SOURCE

200.85 POTENTIAL TO EMIT

200.86 PROPOSED PERMIT

200.87 PROPOSED FINAL PERMIT

200.88 QUANTIFIABLE

200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY 

STEAM GENERATING UNIT

200.90 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

200.91 REFERENCE METHOD

200.92 REGULATED AIR POLLUTANT

200.93 REGULATORY REQUIREMENTS

200.94 REPLICABLE

200.95 REPOWERING

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS

200.97 RESPONSIBLE OFFICIAL

200.98 SCHEDULED MAINTENANCE

200.99 SIGNIFICANT

200.100 SOLVENT-BORNE COATING MATERIAL

200.101 SOURCE

200.102 SPECIAL INSPECTION WARRANT

200.103 STANDARD CONDITIONS

200.104 STATE IMPLEMENTATION PLAN (SIP)

200.105 STATIONARY SOURCE

200.106 SYNTHETIC MINOR

200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION 

PROJECT

200.108 TITLE V

200.109 TOTAL REDUCED SULFUR (TRS)

200.110 TRADE SECRETS

200.111 TRIVIAL ACTIVITY

200.112 UNCLASSIFIED AREA

200.113 VOLATILE ORGANIC COMPOUND (VOC)

SECTION 300 - STANDARDS

MCAQD SIP Revision Package 79 of 162
301 AIR POLLUTION PROHIBITED

302 APPLICABILITY OF MULTIPLE RULES

SECTION 400 - ADMINISTRATIVE REQUIREMENTS 

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS

402 CONFIDENTIALITY OF INFORMATION

SECTION 500 - MONITORING AND RECORDS

501 REPORTING REQUIREMENTS

502 DATA REPORTING

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT

504 RETENTION OF RECORDS

505 ANNUAL EMISSIONS INVENTORY REPORT

MCAQD SIP Revision Package 80 of 162
Revised 07/13/88

Revised 10/01/90

Revised 06/22/92

Revised 11/16/92

Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 04/03/96

Revised 06/19/96

Revised 03/04/98

Revised 05/20/98

Revised 07/26/00

Revised 03/07/01

Revised 08/22/01

Revised 11/06/02

Revised 03/15/06

Revised 06/06/07

Revised xx/xx/xx 

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION I - GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

SECTION 100 - GENERAL

101 DECLARATION OF INTENT: The Maricopa County Air Pollution Control Regulations 

prevent, reduce, control, correct, or remove regulated air pollutants originating within the 

territorial limits of Maricopa County and carry out the mandates of Arizona Revised Statutes 

(ARS), Title 49-The Environment.

102 LEGAL AUTHORITY: These rules are adopted under the authority granted by ARS §49-

479.

MCAQD SIP Revision Package 81 of 162
103 VALIDITY: If any section, subsection, clause, phrase, or provision of these rules is held to be 

invalid for any reason, such decision shall not affect the validity of the remaining portion.

104 CIRCUMVENTION: A person shall not build, erect, install, or use any article, machine, 

equipment, condition, or any contrivance, the use of which, without resulting in a reduction in 

the total release of regulated air pollutants to the atmosphere, conceals or dilutes an emission 

which would otherwise constitute a violation of these rules. No person shall circumvent these 

rules to dilute regulated air pollutants by using more emission openings than is considered 

normal practice by the industry or activity in question.

105 RIGHT OF INSPECTION OF PREMISES: The Control Officer, during reasonable 

hours, for the purpose of enforcing and administering these rules or any provision of ARS 

relating to the emission or control prescribed pursuant thereto, may enter every building, 

premises, or other place, except the interior of structures used as private residences. In the 

event that consent to enter for inspection purposes has been refused or circumstances justify 

the failure to seek such consent, special inspection warrants may be issued by a magistrate. 

Every person is guilty of a petty offense under ARS §49-488 who in any way denies, obstructs, 

or hampers such entrance or inspection that is lawfully authorized by warrant.

106 RIGHT OF INSPECTION OF RECORDS: When the Control Officer has reasonable 

cause to believe that any person has violated or is in violation of any provision of this rule, any 

rule adopted under this rule, or any requirement of a permit issued under this rule, the Control 

Officer may request, in writing, that such person produce all existing books, records, and other 

documents evidencing tests, inspections, or studies which may reasonably relate to compliance 

or non-compliance with rules adopted under this rule. No person shall fail nor refuse to 

produce all existing documents required in such written request by the Control Officer.

107 ADVISORY COUNCIL: An Advisory Council appointed by the Board of Supervisors may 

advise and consult with the Board of Supervisors, the Maricopa County Air Quality 

Department, and the Control Officer in effecting the mandates of ARS Title 49.

108 HEARING BOARD: The Board of Supervisors shall appoint a 5-member hearing board 

knowledgeable in the field of air pollution. At least three members shall not have a substantial 

interest, as defined in A.R.S. § 38-502(11), in any person required to obtain an air pollution 

MCAQD SIP Revision Package 82 of 162
permit or subject to enforcement orders issued under these rules. Each member shall serve a 

term of three years.

109 ANTI-DEGRADATION: The standards in these rules shall not be construed as permitting 

the preventable degradation of air quality in any area of Maricopa County.

110 AVAILABILITY OF POLLUTION INFORMATION: The public shall be informed on 

a daily basis of average daily concentration of three pollutants: particulates, carbon monoxide, 

and ozone. This information shall be disseminated through the use of newspapers, radio, and 

television. The levels of each pollutant shall be expressed through the use of the Air Quality 

Index (AQI) and a written copy of such information shall be made available at the office of the 

Maricopa County Air Quality Department, 1001 North Central Avenue, Suite 400, Phoenix, 

Arizona, 85004, 602-506-6010.

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT: A report on the 

progress in implementation of nonattainment area plans shall be produced by the Department 

each year. The primary function of the report is to review the implementation schedules for 

control measures and emission reduction forecasts in the nonattainment area plans. The 

annual report will be made available to the public at the offices of Maricopa County Air 

Quality Department, 1001 North Central Avenue, Suite 400, Phoenix, Arizona, 85004, 602-

506-6010.

112 AVAILABILITY OF INFORMATION: Copies of 40 CFR 51, Subpart A, Appendix A, 

Table 2A are available at 1001 North Central Avenue, Suite 695, Phoenix, Arizona, 85004, or 

call 602-506-6010 for information.

SECTION 200 - DEFINITIONS: To aid in the understanding of these rules, the following general 

definitions are provided. Additional definitions, as necessary, can be found in each rule of the 

Maricopa County Air Pollution Control Regulations.

200.1 AAC - Arizona Administrative Code.

200.2 ACT - The Clean Air Act of 1963 (P.L. 88-206; 42 United States Code sections 

7401 through 7671), as amended by the Clean Air Act Amendments of 1990 

(P.L.101-549).

MCAQD SIP Revision Package 83 of 162
200.3 ACTUAL EMISSIONS - The actual rate of emissions of a pollutant from an 

emissions unit, as determined in Section 200.3(a) through Section 200.3(e) of this 

rule:

a. In general, actual emissions as of a particular date shall equal the average rate, 

in tons per year, at which the emissions unit actually emitted the pollutant 

during a 2-year period that precedes the particular date and that is 

representative of normal source operation. The Control Officer 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 emissions 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, then 

the Control Officer may presume that source-specific allowable emissions for 

the emissions unit are equivalent to the actual emissions of the emissions unit.

c. For any emissions unit at a Title V source, other than an electric utility steam 

generating unit described in Section 200.3(e) of this rule 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 Non-Title V 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 and/or operator maintains and 

submits to the Control Officer 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 Control 

Officer, if the Control Officer determines the longer period to be more 

representative of normal source post-change operations.

MCAQD SIP Revision Package 84 of 162
200.4 ADMINISTRATOR - The Administrator of the United States Environmental 

Protection Agency.

200.5 ADVISORY COUNCIL - The Maricopa County Air Pollution Control Advisory 

Council appointed by the Maricopa County Board of Supervisors.

200.6 AFFECTED FACILITY - With reference to a stationary source, any apparatus 

to which a standard is applicable.

200.7 AFFECTED SOURCE - A source that includes one or more emissions units 

which are subject to emission reduction requirements or limitations under Title 

IV-Acid Deposition Control of the Act.

200.8 AFFECTED STATE - Any State whose air quality may be affected and that is 

contiguous to Arizona or that is within 50 miles of the permitted source.

200.9 AIR CONTAMINANT - Includes smoke, vapors, charred paper, dust, soot, 

grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, 

particulate matter, windborne matter, radioactive materials, noxious chemicals, or 

any other material in the outdoor atmosphere.

200.10 AIR POLLUTION - The presence in the outdoor atmosphere of one or more 

air contaminants, or combinations thereof, in sufficient quantities, which either 

alone or in connection with other substances, by reason of their concentration and 

duration, are or tend to be injurious to human, plant, or animal life, or causes 

damage to property, or unreasonably interferes with the comfortable enjoyment of 

life or property of a substantial part of a community, or obscures visibility, or 

which in any way degrades the quality of the ambient air below the standards 

established by the Board of Supervisors.

200.11 AIR POLLUTION CONTROL EQUIPMENT - Equipment used to 

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

200.12 ALLOWABLE EMISSIONS - The emission rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

MCAQD SIP Revision Package 85 of 162
subject to federally enforceable limits which restrict the operating rate or hours of 

operation or both) and the most stringent of the following:

a. The applicable New Source Performance Standards as described in Rule 360 

of these rules or the Federal Hazardous Air Pollutant Program as described in 

Rule 370 of these rules; or

b. The applicable existing source performance standard as approved for the State 

Implementation Plan (SIP); or

c. The emissions rate specified in any federally promulgated rule or federally 

enforceable permit condition.

200.13 AMBIENT AIR - That portion of the atmosphere, external to buildings, to 

which the general public has access.

200.14 AP-42 - The EPA document "Compilation of Air Pollutant Emission Factors," as 

incorporated by reference in Appendix G of these rules.

200.15 APPLICABLE IMPLEMENTATION PLAN - Those provisions of the State 

Implementation Plan (SIP) approved by the Administrator or a Federal 

Implementation Plan (FIP) promulgated under Title I-Air Pollution Prevention 

and Control of the Act.

200.16 APPLICABLE REQUIREMENT - Applicable requirement means any of the 

following:

a. Any federal applicable requirement as defined in Section 200.49 of this rule.

b. Any other requirement established under the Maricopa County Air Pollution 

Control Regulations or ARS Title 49, Chapter 3, Articles 1, 3, 7, and 8.

200.17 APPROVED - Approved in writing by the Maricopa County Air Pollution 

Control Officer.

200.18 AREA SOURCE - Any stationary source that is not a major source. For purposes 

of these rules, the term "area source" shall not include motor vehicles or nonroad 

vehicles subject to regulation under Title II-Emission Standards for Moving 

Sources of the Act.

MCAQD SIP Revision Package 86 of 162
200.19 ARS - The Arizona Revised Statutes. The titles of the most frequently used ARS 

references in these rules are listed below:

ARS §38-502(11) Public Officers and Employees, Conduct of Office, 

Conflict of Interest of Officers and Employees, 

Definitions, Substantial Interest

ARS Title 49 The Environment

ARS Title 49, Chapter 3 The Environment, Air Quality

ARS Title 49, Chapter 4 The Environment, Solid Waste Management

ARS §49-109 The Environment, General Provisions, Department of 

Environmental Quality, Certificate of Disclosure of 

Violations; Definition; Remedies

ARS §49-401 The Environment, Air Quality, General Provisions, 

Declaration of Policy

ARS §49-426 The Environment, Air Quality, State Air Pollution Control, 

Permits; Duties of Director; Exceptions; Applications; 

Objections; Fees

ARS §49-426.04 The Environment, Air Quality, State Air Pollution Control, 

State List of Hazardous Air Pollutants

ARS §49-426.05 The Environment, Air Quality, State Air Pollution Control, 

Designation of Sources of Hazardous Air Pollutants

ARS §49-429 The Environment, Air Quality, State Air Pollution Control, 

Permit Transfers; Notice; Appeal

ARS §49-464 The Environment, Air Quality, State Air Pollution Control, 

Violation; Classification; Penalties; Definition

ARS §49-473 The Environment, Air Quality, County Air Pollution 

Control, Board of Supervisors

ARS §49-476.01 The Environment, Air Quality, County Air Pollution 

Control, Monitoring

ARS §49-478 The Environment, Air Quality, County Air Pollution 

Control, Hearing Board

ARS §49-480 The Environment, Air Quality, County Air Pollution 

Control, Permits; Fees

MCAQD SIP Revision Package 87 of 162
ARS §49-480.03 The Environment, Air Quality, County Air Pollution 

Control, Federal Hazardous Air Pollutant Program; Date 

Specified By Administrator; Prohibition

ARS §49-480.04 The Environment, Air Quality, County Air Pollution 

Control, County Program for Control of Hazardous Air 

Pollutants

ARS §49-482 The Environment, Air Quality, County Air Pollution 

Control, Appeals to Hearing Board

ARS §49-483 The Environment, Air Quality, County Air Pollution 

Control, Permit Transfers; Notice; Appeal

ARS §49-487 The Environment, Air Quality, County Air Pollution 

Control, Classification and Reporting; Confidentiality of 

Records

ARS §49-488 The Environment, Air Quality, County Air Pollution 

Control, Special Inspection Warrant

ARS §49-490 The Environment, Air Quality, County Air Pollution 

Control, Hearings On Orders of Abatement

ARS §49-498 The Environment, Air Quality, County Air Pollution 

Control, Notice of Hearing; Publication; Service

ARS §49-501 The Environment, Air Quality, County Air Pollution 

Control, Unlawful Open Burning; Definition; Exceptions; 

Fine

ARS §49-511 The Environment, Air Quality, County Air Pollution 

Control, Violations, Order of Abatement

ARS §49-514 The Environment, Air Quality, County Air Pollution 

Control, Violation; Classification; Definition

200.20 ASME - The American Society of Mechanical Engineers.

200.21 ASTM - The American Society for Testing and Materials.

200.22 ATTAINMENT AREA - An area so designated by the Administrator, acting 

under Section 107-Air Quality Control Regions of the Act, as having ambient air 

MCAQD SIP Revision Package 88 of 162
pollutant concentrations equal to or less than national primary or secondary 

ambient air quality standards for a particular pollutant or pollutants.

200.23 BEGIN ACTUAL CONSTRUCTION - In general, initiation of physical onsite construction activities on an emissions unit, which are of a permanent nature. 

Such activities include installation of building supports and foundations, laying of 

underground pipe work, and construction of permanent storage structures. With 

respect to a change in method of operation, “begin actual construction” refers to 

those on-site activities, other than preparatory activities, which mark the initiation 

of the change.

200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) - An emissions 

limitation, based on the maximum degree of reduction for each pollutant, subject 

to regulation under the Act, which would be emitted from any proposed stationary 

source or modification, which the Control Officer, on a case-by-case basis, taking 

into account energy, environmental, and economic impacts and other costs, 

determines is achievable for such source or modification through application of 

production processes or available methods, systems, and techniques, including fuel 

cleaning or treatment or innovative fuel combination techniques for control of 

such pollutant. Under no circumstances shall BACT be determined to be less 

stringent than the emission control required by an applicable provision of these 

rules or of any State or Federal laws (“Federal laws” include the EPA approved 

State Implementation Plan (SIP)). If the Control Officer 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.

200.25 BRITISH THERMAL UNIT (BTU) - The quantity of heat required to raise 

the temperature of one pound of water one degree Fahrenheit (°F) at 39.1°F.

MCAQD SIP Revision Package 89 of 162
200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION - All the 

pollutant-emitting equipment and activities that belong to the same industrial 

grouping, that are located on one or more contiguous or adjacent properties, and 

that are under the control of the same person or persons under common control, 

except the activities of any vessel. 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".

200.27 CFR - The United States Code of Federal Regulations.

200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE - 

Shall include, but not be limited to, circumstances where a violation resulted from 

a sudden and unavoidable breakdown of the process or the control equipment, 

resulted from unavoidable conditions during a startup or shutdown, or resulted 

from upset of operations.

200.29 CLEAN COAL TECHNOLOGY - Any technology, including technologies 

applied at the pre-combustion, 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.

200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT - 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.

200.31 COMMENCE - As applied to construction of a major source or a major 

modification, that the owner and/or operator has all necessary preconstruction 

approvals or permits and has either:

MCAQD SIP Revision Package 90 of 162
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 

canceled or modified without substantial loss to the owner and/or operator, to 

undertake a program of actual construction of the source to be completed 

within a reasonable time.

200.32 COMPLETE - In reference to an application for a permit, “complete” means 

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 Control Officer from requesting nor from 

accepting any additional information.

200.33 CONSTRUCTION - Any physical change or change in the method of operation, 

including fabrication, erection, or installation, demolition, or modification of an 

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

200.34 CONTROL OFFICER - The executive head of the department authorized or 

designated to enforce air pollution regulations, the executive head of an air 

pollution control district established under ARS §49-473, or the designated agent.

200.35 DEPARTMENT - The Maricopa County Air Quality Department.

200.36 DIRECTOR - The director of the Arizona Department of Environmental 

Quality (ADEQ).

200.37 DISCHARGE - The release or escape of an effluent into the atmosphere from a 

source.

200.38 DIVISION - The Division no longer exists; consequently, all references in these 

rules to Division refer to Department.

200.39 DUST GENERATING OPERATION - Any activity capable of generating 

fugitive dust, including but not limited to, land clearing, earthmoving, weed 

abatement by discing or blading, excavating, construction, demolition, bulk 

material handling, storage and/or transporting operations, vehicle use and 

MCAQD SIP Revision Package 91 of 162
movement, the operation of any outdoor equipment, or unpaved parking lots. For 

the purpose of this rule, landscape maintenance and playing on or maintaining a 

field used for non-motorized sports shall not be considered a dust generating 

operation. However, landscape maintenance shall not include grading, trenching, 

or any other mechanized surface disturbing activities performed to establish initial 

landscapes or to redesign existing landscapes.

200.40 EFFLUENT - Any air contaminant which is emitted and subsequently escapes 

into the atmosphere.

200.41 ELECTRIC UTILITY STEAM GENERATING UNIT - Any steam electric 

generating unit that is constructed for the purpose of supplying more than 1/3 of 

its potential electric output capacity and more than 25 MW electric 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.

200.42 EMISSION STANDARD - The definition of emission standard, as summarized 

from ARS §49-514(T) and ARS §49-464(V), is: A numeric limitation on the 

volume or concentration of air pollutants in emissions from a source or a specific 

design, equipment, or work practice standard, the purpose of which is to eliminate 

or reduce the volume or concentration of pollutants emitted by a source. The term 

emission standard does not include opacity standards. Violations of emission 

standards shall be determined in the manner prescribed by the applicable 

regulations issued by the Administrator or the Director or the Control Officer.

200.43 EMISSIONS UNIT - Any part of a stationary source which emits or would have 

the potential to emit any regulated air pollutant.

200.44 EPA - The United States Environmental Protection Agency.

200.45 EQUIVALENT METHOD - Any method of sampling and analyzing for an air 

pollutant, which has been demonstrated to the Administrator's satisfaction to have 

MCAQD SIP Revision Package 92 of 162
a consistent and quantitatively known relationship to the reference method, under 

specified conditions.

200.46 EXCESS EMISSIONS - Emissions of an air pollutant in excess of an emission 

standard, as measured by the compliance test method applicable to such emission 

standard.

200.47 EXISTING SOURCE - 

a. A source in operation prior to the effective date of this rule, or a source on 

which the construction or modification has commenced and for which the 

Control Officer has granted a permit prior to the effective date of this rule; or

b. When used in conjunction with a source subject to new source performance 

standards (NSPS), any source which does not have an applicable NSPS under 

Rule 360-New Source Performance Standards of these rules.

200.48 FACILITY - The definition of facility is included in Section 200.6-Definition of

Affected Facility of this rule and in Section 200.26-Definition of Building, 

Structure, Facility or Installation of this rule.

200.49 FEDERAL APPLICABLE REQUIREMENT - Any of the following as they 

apply to emissions units covered by a Title V permit or a Non-Title V permit 

(including requirements that have been promulgated or approved by the 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 the EPA through 

rulemaking under Title I-Air Pollution Prevention and Control of the Act 

that implements the relevant requirements of the Act, including any revisions 

to that plan promulgated in 40 CFR 52. 

b. Any term or condition of any unitary permits issued under regulations 

approved or promulgated through rulemaking under Title I-Air Pollution 

Prevention and Control, including Parts C or D, of the Act. 

MCAQD SIP Revision Package 93 of 162
c. Any standard or other requirement under Section 111-Standards of 

Performance for New Stationary Sources of the Act, includes Section 111(d).

d. Any standard or other requirement under Section 112-National Emission 

Standards for Hazardous Air Pollutants 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 IVAcid Deposition Control of the Act or the regulations promulgated 

thereunder and incorporated under Rule 371-Acid Rain of these rules.

f. Any requirements established under Section 504(b)-Permit Requirements and 

Conditions or Section 114(a)(3)-Inspections, Monitoring, and Entry of the 

Act.

g. Any standard or other requirement governing solid waste incineration under 

Section 129-Solid Waste Combustion of the Act. 

h. Any standard or other requirement for consumer and commercial products 

pursuant to Section 183(e)-Federal Ozone Measures of the Act.

i. Any standard or other requirement for tank vessels pursuant to Section 

183(f)-Federal Ozone Measures of the Act.

j. Any standard or other requirement of the program to control air pollution 

from outer continental shelf sources under Section 328-Air Pollution From 

Outer Continental Shelf Activities of the Act.

k. Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI-Stratospheric Ozone Protection of the 

Act, unless the Administrator has determined that such requirements need 

not be contained in a Title V permit; and 

l. Any national ambient air quality standard or increment or visibility 

requirement under Part C-Prevention of Significant Deterioration of Air 

Quality of Title I-Air Pollution Prevention and Control of the Act, but only 

as it would apply to temporary sources permitted under Section 504(e)-

Permit Requirements and Conditions of the Act. 

MCAQD SIP Revision Package 94 of 162
200.50 FEDERAL LAND MANAGER - With respect to any lands in the United 

States, the Secretary of The Department with authority over such lands.

200.51 FEDERALLY ENFORCEABLE - 

a. All terms and conditions contained in a Title V permit, except those terms and 

conditions which have been specifically designated as not federally enforceable;

b. The requirements of operating permit programs and permits issued under such 

permit programs which have been approved by the Administrator, including 

the requirements of State and County operating permit programs approved 

under Title V-Permits of the Act or under any new source review permit 

program; 

c. All limitations and conditions which are enforceable by the Administrator, 

including the requirements of the New Source Performance Standards (NSPS) 

and the National Emissions Standards for Hazardous Air Pollutants 

(NESHAPs) contained in these rules; 

d. The requirements of such other State or County rules or regulations approved 

by the Administrator for inclusion in the State Implementation Plan (SIP); 

e. The requirements of any federal regulation promulgated by the Administrator 

as part of the State Implementation Plan (SIP); and

f. The requirements of State and County operating permit programs, other than 

Title V programs, which have been approved by the Administrator and 

incorporated into the applicable State Implementation Plan (SIP) under the 

criteria for federally enforceable State Operating Permit Programs set forth in 

54, Federal Register 27274, dated June 28, 1989. Such requirements include 

permit terms and conditions which have been entered into voluntarily by a 

source under this rule and/or under Rule 220-Non-Title V Permit Provisions 

of these rules.

200.52 FINAL PERMIT - The version of a permit issued by the Control Officer after 

completion of all review required by Maricopa County Air Pollution Control 

Regulations.

MCAQD SIP Revision Package 95 of 162
200.53 FUEL OIL - 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 D-975-90aSpecification for Diesel Fuel Oils.

200.54 FUGITIVE EMISSION - Any emission which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening.

200.55 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE 

CONTROL TECHNOLOGY (HAPRACT) An emissions standard for 

hazardous air pollutants which the Control Officer, acting pursuant to §49-

480.04(C), determines is reasonably available for a source. In making the foregoing 

determination, the Control Officer shall take into consideration the estimated actual 

air quality impact of the standard, the cost of complying with the standard, the 

demonstrated reliability and widespread use of the technology required to meet the 

standard, and any non-air quality health and environmental impacts and energy 

requirements. For purposes of this definition, an emissions standard may be 

expressed as a numeric emissions limitation or as a design, equipment, work 

practice, or operational standard.

200.56 INDIAN GOVERNING BODY - 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.

200.57 INDIAN RESERVATION - Any federally recognized reservation established 

by Treaty, Agreement, Executive Order, or Act of Congress.

200.58 INSIGNIFICANT ACTIVITY – For the purpose of this rule, an insignificant 

activity shall be any activity, process, or emissions unit that is not subject to a 

source-specific applicable requirement, that emits no more than 0.5 ton per year of 

hazardous air pollutants (HAPs) and no more than two tons per year of a regulated 

air pollutant, and that is either included in Appendix D-List of Insignificant 

Activities of these rules or is approved as an insignificant activity under Rule 200-

Permit Requirements of these rules. Source-specific applicable requirements 

MCAQD SIP Revision Package 96 of 162
include requirements for which emissions unit-specific information is needed to 

determine applicability. 

200.59 MAJOR MODIFICATION - 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 VOCs shall be considered 

significant for ozone.

b. Any net emissions increase that is significant for oxides of nitrogen shall be 

considered significant for ozone nonattainment areas classified as marginal, 

moderate, serious, or severe.

c. For the purposes of this definition, the following shall not be considered a 

physical change or a change in the method of operation:

(1) Routine maintenance, repair, and replacement; 

(2) 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;

(3) Use of an alternative fuel by reason of an order or rule under Section 125-

Measures to Prevent Economic Disruption or Unemployment of the Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source that either: 

(a) 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 Rule 200-Permit Requirements, Rule 210-Title V 

Permit Provisions, Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources, Rule 245-Continuous 

MCAQD SIP Revision Package 97 of 162
Source Emission Monitoring, and Rule 270-Performance Tests of 

these rules; or

(b) The source is approved to use under any permit issued under 40 CFR 

52.21, or under Rule 200-Permit Requirements, Rule 210-Title V 

Permit Provisions, Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources, Rule 245-Continuous 

Source Emission Monitoring, and Rule 270-Performance Tests of 

these rules;

(6) 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 Rule 200-Permit Requirements, Rule 210-Title V Permit 

Provisions, Rule 240-Permits for New Major Sources and Major 

Modifications to Existing Major Sources, Rule 245-Continuous Source 

Emission Monitoring, and Rule 270-Performance Tests of these rules;

(7) Any change in ownership at a stationary source;

(8) The addition, replacement, or use of a pollution control project at an 

existing electric utility steam generating unit, unless the Control Officer 

determines that the addition, replacement, or use renders the unit less 

environmentally beneficial, or except:

(a) When the Control Officer 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

(b) The Control Officer determines that the increase will cause or 

contribute to a violation of any national ambient air quality 

standard, prevention of significant deterioration (PSD) 

increment, or visibility limitation;

(9) The installation, operation, cessation, or removal of a temporary clean 

coal technology demonstration project, if the project complies with:

MCAQD SIP Revision Package 98 of 162
(a) The State Implementation Plan (SIP); and

(b) Other requirements necessary to attain and maintain the national 

ambient air quality standards during the project and after it is 

terminated;

(10) For electric utility steam generating units located in attainment 

and unclassified 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 of any regulated pollutant emitted by the unit. This exemption 

shall apply on a pollutant-by-pollutant basis; and

(11)For electric utility steam generating units located in attainment and 

unclassified areas only, the reactivation of a very clean coal-fired 

electric utility steam generating unit.

200.60 MAJOR SOURCE - 

a. A major source as defined in Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources of these rules;

b. A major source under Section 112-National Emission Standards for 

Hazardous Air Pollutants of the Act:

(1) For pollutants other than radionuclides, any stationary source that emits or 

has the potential to emit, in the aggregate, including fugitive emissions, 10 

tons per year (tpy) or more of any hazardous air pollutant which has been 

listed under 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 

Title 18-Environmental Quality, Chapter 2-Department of Environmental 

Quality Air Pollution Control, Article 11-Federal Hazardous Air Pollutants 

of the Arizona Administrative Code. 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 

MCAQD SIP Revision Package 99 of 162
under common control, to determine whether such units or stations are 

major sources; or

(2) For radionuclides, major source shall have the meaning specified by the 

Administrator by rule.

c. A major stationary source, as defined in Section 302-Definitions of the Act, 

that directly emits or has the potential to emit 100 tpy or more of any air 

pollutant, including 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 purpose of 

Section 302(j) of the Act, unless the source belongs to one of the following 

categories of stationary source:

Coal cleaning plants (with thermal dryers).

Kraft pulp mills.

Portland cement plants.

Primary zinc smelters.

Iron and steel mills.

Primary aluminum ore reduction plants.

Primary copper smelters.

Municipal incinerators capable of charging more than 50 tons of refuse per 

day.

Hydrofluoric, sulfuric, or nitric acid plants.

Petroleum refineries.

Lime plants.

Phosphate rock processing plants.

Coke oven batteries.

Sulfur recovery plants.

Carbon black plants (furnace process).

Primary lead smelters.

Fuel conversion plants.

Sintering plants.

Secondary metal production plants.

Chemical process plants.

MCAQD SIP Revision Package 100 of 162
Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

BTU per hour heat input.

Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels.

Taconite ore processing plants.

Glass fiber processing plants.

Charcoal production plants.

Fossil fuel-fired steam electric plants of more than 250 million BTU per hour 

rated heat input. 

Any other stationary source category which, as of August 7, 1980, is being 

regulated under Section 111-Standards of Performance for New Stationary 

Sources of the Act or under Section 112-National Emission Standards for 

Hazardous Air Pollutants of the Act.

200.61 MAJOR SOURCE THRESHOLD – 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 Section 200.60-Definition of Major 

Source of this rule.

200.62 MALFUNCTION - Any sudden and unavoidable failure of air pollution control 

equipment, process, or process equipment to operate in a normal and usual 

manner. 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 shall not be considered malfunctions.

200.63 MATERIAL PERMIT CONDITION - 

a. For the purposes of ARS §49-464(G) and ARS §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 Control 

Officer or by the Director after the effective date of this rule.

(2) The condition is identified within the permit as a material permit 

condition.

(3) The condition is one of the following:

MCAQD SIP Revision Package 101 of 162
(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 Rule 372-Maricopa County 

Hazardous Air Pollutants (HAPs) Program of these rules.

(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-Standards of 

Performance for New Stationary Sources of the Act or Title I-Air 

Pollution Prevention and Control, Part C or D, of the Act.

(4) Violation of the condition is not covered by Subsections (A) through 

(F) or (H) through (J) of ARS §49-464 or Subsections (A) through (F) 

or (H) through (J) of ARS §49-514.

b. For the purposes of Sections 200.63(a)(3)(c), (d), and (e) of this rule, a permit 

condition shall not be material where the failure to comply resulted from 

circumstances which were outside the control of the source.

200.64 METHOD OF OPERATION - The definition of method of operation is 

included in Section 200.72-Definition of Operation of this rule.

200.65 MODIFICATION - A physical change in or a change in the method of 

operation of a source which increases the actual emissions of any regulated air 

pollutant emitted by such source by more than any relevant deminimis amount, or 

which results in the emission of any regulated air pollutant not previously emitted 

by more than such deminimis amount.

200.66 NET EMISSIONS INCREASE - 

MCAQD SIP Revision Package 102 of 162
a. The amount by which the sum of Section 200.66(a)(1) and Section 200.66(a)(2) 

below exceed zero:

(1) Any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source; and

(2) 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:

(1) The date five years before construction on the particular change 

commences; and

(2) The date that the increase from the particular change occurs. 

c. An increase or decrease in actual emissions is creditable only if the Control 

Officer 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 particulate matter which occurs before the applicable baseline date, as 

described in Rule 500-Attainment Area Classification of these rules, 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:

(1) The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions;

(2) The emissions unit was actually operated and emitted the specific 

pollutant;

MCAQD SIP Revision Package 103 of 162
(3) It is federally enforceable at and after the time that actual construction on 

the particular change begins; and

(4) It has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change.

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.

200.67 NEW SOURCE - Any source that is not an existing source.

200.68 NITROGEN OXIDES (NOX) - All oxides of nitrogen except nitrous oxide, as 

measured by test methods set forth in the Appendices to 40 CFR 60.

200.69 NONATTAINMENT AREA - An area so designated by the Administrator, 

acting under Section 107-Air Quality Control Regions of the Act, as exceeding 

national primary or secondary ambient air standards for a particular pollutant or 

pollutants.

200.70 NON-PRECURSOR ORGANIC COMPOUND - 

a. Any of the following organic compounds that have been designated by the 

EPA as having negligible photo-chemical reactivity:

67-64-1 Acetone;

74-82-8 Methane;

74-84-0 Ethane;

75-09-2 Methylene chloride (dichloromethane);

71-55-6 1,1,1-trichloroethane (methyl chloroform);

75-69-4 Trichlorofluoromethane (CFC-11);

75-71-8 Dichlorodifluoromethane (CFC-12);

75-45-6 Chlorodifluoromethane (HCFC-22);

76-13- 1 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

6-14-2 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);

MCAQD SIP Revision Package 104 of 162
6-15-3 Chloropentafluoroethane (CFC-115);

5-46-7 Trifluoromethane (HFC-23);

06-83-2 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

837-89-0 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

717-00-6 1,1-dichloro-1-fluoroethane (HCFC-141b);

5-68-3 1-chloro-1,1-difluoroethane (HCFC-142b);

34-33-6 Pentafluoroethane (HFC-125);

354-25-6 1,1,2,2-tetrafluoroethane (HFC-134);

811-97-2 1,1,1,2-tetrafluoroethane (HFC-134a);

420-46-2 1,1,1-trifluoroethane (HFC-143a);

75-37-6 1,1-difluoroethane (HFC-152a);

98-56-6 Parachlorobenzotrifluoride (PCBTF);

127-18-4 Perchloroethylene (tetrachloroethylene); 

422-56-0 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

507-55-1 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

75-10-5 Difluoromethane (HFC-32);

353-36-6 Ethylfluoride (HFC-161);

690-39-1 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

678-86-7 1,1,2,2,3-pentafluoropropane (HFC-245ca);

460-73-1 1,1,2,3,3-pentafluoropropane (HFC-245ea);

431-31-2 1,1,1,2,3-pentafluoropropane (HFC-245eb);

1,1,1,3,3-pentafluoropropane (HFC-245fa);

431-63-0 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

1,1,1,3,3-pentafluorobutane (HFC-365mfc);

593-70-4 Chlorofluoromethane (HCFC-31);

1615-75-4 1-chloro-1-fluoroethane (HCFC-151a);

354-23-4 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

163702-07-6 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3) 

(HFE-7100);

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane

((CF3)2CFCF2OCH3);

163702-05-41 -ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5) 

MCAQD SIP Revision Package 105 of 162
(HFE-7200); 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OC2H5);

79-20-9 methyl acetate;

cyclic, branched, or linear completely methylated siloxanes;

375-03-1 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propan (nC3F7OCH3,HFE-7000);

431-89-0 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);

107-31-3 methyl formate (HCOOCH3);

and perfluorocarbon compounds that fall into these classes:

Cyclic, branched, or linear, completely fluorinated alkanes;

Cyclic, branched, or linear, completely fluorinated ethers 

with no unsaturations; Cyclic, branched, or linear, 

completely fluorinated tertiary amines with no 

unsaturations; and 

Sulfur containing perfluorocarbons with no unsaturations 

and with sulfur bonds only to carbon and fluorine. 

b. The following compound(s) are 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 (540-88-5).

200.71 OPEN OUTDOOR FIRE - Any combustion of material of any type outdoors, 

where the products of combustion are not directed through a flu.

200.72 OPERATION - Any physical action resulting in a change in the location, form, 

or physical properties of a material, or any chemical action resulting in a change in 

the chemical composition or properties of a material.

200.73 ORGANIC COMPOUND - Any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and 

ammonium carbonate.

MCAQD SIP Revision Package 106 of 162
200.74 ORGANIC LIQUID - Any organic compound which exists as a liquid under any 

actual conditions of use, transport, or storage.

200.75 OWNER AND/OR OPERATOR - Any person who owns, leases, operates, 

controls, or supervises an affected facility or a stationary source of which an 

affected facility is a part.

200.76 PARTICULATE MATTER - Any material, except condensed water containing 

no more than analytical trace amounts of other chemical elements or compounds, 

which has a nominal aerodynamic diameter smaller than 100 microns 

(micrometers) and which exists in a finely divided form as a liquid or solid at actual 

conditions.

200.77 PERMITTING AUTHORITY - The department or a County department or 

agency that is charged with enforcing a permit program adopted under ARS §49-

480, Subsection A.

200.78 PERSON - Any individual, public or private corporation, company, partnership, 

firm, association or society of persons, the Federal Government and any of its 

departments or agencies, or the State and any of its agencies, departments or 

political subdivisions.

200.79 PHYSICAL CHANGE - Any replacement, addition, or alteration of equipment 

that is not already allowed under the terms of the source's permit.

200.80 PM2.5 - Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 microns (micrometers), as measured by the applicable State and 

Federal Reference Test Methods.

200.81 PM10 - Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 microns (micrometers), as measured by the applicable State and 

Federal Reference Test Methods.

200.82 POLLUTANT – An air contaminant the emissions or ambient 

concentration of which is regulated under these rules.

MCAQD SIP Revision Package 107 of 162
200.83 POLLUTION CONTROL PROJECT - 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 but not limited to 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 but not limited to 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 Appropriation 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 EPA; or

d. A permanent clean coal technology demonstration project that constitutes a 

repowering project.

200.84 PORTABLE SOURCE – Any stationary source that is capable of being 

transported and operated in more than one county of this state.

200.85 POTENTIAL TO EMIT - The maximum capacity of a stationary source to emit 

pollutants, 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.

200.86 PROPOSED PERMIT - The version of a permit for which the Control Officer 

offers public participation under Rule 210-Title V Permit Provisions of these rules 

MCAQD SIP Revision Package 108 of 162
or offers affected State review under Rule 210-Title V Permit Provisions of these 

rules.

200.87 PROPOSED FINAL PERMIT - The version of a Title V permit that the 

Control Officer proposes to issue and forwards to the Administrator for review, in 

compliance with Rule 210-Title V Permit Provisions of these rules.

200.88 QUANTIFIABLE - 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.

200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC 

UTILITY STEAM GENERATING UNIT - 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 2-year period before enactment of the Clean 

Air Act Amendments of 1990 and the emissions from the unit continue to be 

carried in the Maricopa County 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 nitrogen oxides (NOx) burners before commencement 

of operations following reactivation; and

d. Is otherwise in compliance with the Act.

200.90 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) - For 

facilities subject to Regulation III-Control of Air Contaminants of these rules, the 

emissions limitation of the existing source performance standard. For facilities not 

subject to Regulation III-Control of Air Contaminants of these rules, the lowest 

emission limitation that a particular source is capable of achieving by the 

MCAQD SIP Revision Package 109 of 162
application of control technology that is reasonably available considering

technological and economic feasibility. Such technology may previously have been 

applied to a similar, but not necessarily identical, source category. RACT for a 

particular facility, other than a facility subject to Regulation III-Control of Air 

Contaminants of these rules, is determined on a case-by-case basis, considering the 

technological feasibility and cost-effectiveness of the application of the control 

technology to the source category.

200.91 REFERENCE METHOD - Any of the methods of sampling and analyzing for 

an air pollutant as described in the Arizona Testing Manual for Air Pollutant 

Emissions; 40 CFR 50, Appendices A through L; 40 CFR 52, Appendices D and 

E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C.

200.92 REGULATED AIR POLLUTANT - Any of the following:

a. Any conventional air pollutant as defined in ARS §49-401.01, which means any 

pollutant for which the Administrator has promulgated a primary or a 

secondary national ambient air quality standard (NAAQS) (i.e., for carbon 

monoxide (CO), nitrogen oxides (NOX), lead, sulfur oxides (SOX) measured as 

sulfur dioxides (SO2), ozone, and particulates).

b. Nitrogen oxides (NOX) and volatile organic compounds (VOCs).

c. Any air contaminant that is subject to a standard contained in Rule 360-New 

Source Performance Standards of these rules or promulgated under Section 

111-Standards of Performance for New Stationary Sources of the Act.

d. Any hazardous air pollutant (HAP) as defined in Rule 372-Maricopa County 

Hazardous Air Pollutants (HAPs) Program of these rules.

e. Any Class I or II substance listed in Section 602-Stratospheric Ozone 

Protection; Listing of Class I and Class II Substances of the Act.

200.93 REGULATORY REQUIREMENTS - All applicable requirements, 

Department rules, and all State requirements pertaining to the regulation of air 

contaminants.

MCAQD SIP Revision Package 110 of 162
200.94 REPLICABLE - With respect to methods or procedures sufficiently 

unambiguous such that the same or equivalent results would be obtained by the 

application of the method or procedure by different users.

200.95 REPOWERING - The Control Officer shall give expedited consideration to 

permit applications for any source that satisfies the following criteria and that is 

granted an extension under Section 409-Repowered Sources of the Act:

a. Repowering means replacing an existing coal-fired boiler with one of the 

following clean coal technologies:

(1) Atmospheric or pressurized fluidized bed combustion;

(2) Integrated gasification combined cycle;

(3) Magnetohydrodynamics;

(4) Direct and indirect coal-fired turbines;

(5) Integrated gasification fuel cells; or

(6) As determined by the Administrator, in consultation with the United 

States Secretary of Energy, a derivative of one or more of the above 

listed technologies; and 

(7) 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 units which have 

been awarded clean coal technology demonstration funding as of January 1, 

1991 by the United States Department of Energy.

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS - The average rate, 

in tons per year, at which the 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 within 10 years after that change, if the Control 

Officer determines that the different period is more representative of source 

operations), considering the effect the change will have on increasing or decreasing 

MCAQD SIP Revision Package 111 of 162
the hourly emission rate and on projected capacity utilization. In projecting future 

emissions, the Control Officer shall:

a. Consider all relevant information, including but not limited to historical 

operational data, the company’s representations, filings with the Maricopa 

County, State or Federal regulatory authorities, and compliance plans under 

Title IV-Acid Deposition Control of the Act; and

b. Exclude, in calculating any increase in emissions that result 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 that 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.

200.97 RESPONSIBLE OFFICIAL - 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;

(1) The sources employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or

(2) 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 rule, a 

principal executive officer of a Federal agency includes the chief executive 

MCAQD SIP Revision Package 112 of 162
officer having responsibility for the overall operations of a principal geographic 

unit of the agency (e.g., a Regional Administrator); or

d. For affected sources:

(1) The designated representative insofar as actions, standards, requirements, 

or prohibitions under Title IV-Acid Deposition Control of the Act or the 

regulations promulgated thereunder are concerned; and

(2) The designated representative for any other purposes under 40 CFR, Part 

70.

200.98 SCHEDULED MAINTENANCE - Preventive maintenance undertaken in 

order to avoid a potential breakdown or upset of air pollution control equipment.

200.99 SIGNIFICANT - 

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 

one of the following rates:

Pollutant Emissions Rate (TPY)

Carbon Monoxide 100

Nitrogen Oxides 40

Sulfur Dioxide 40

Particulate Matter 25

PM10 15

VOC 40

Lead 0.6

Fluorides 3 

Sulfuric Acid Mist 7 

Hydrogen Sulfide (H2S) 10

Total Reduced Sulfur 

(including hydrogen sulfide) 10

Reduced Sulfur Compounds

(including hydrogen sulfide) 10

Municipal waste combustor organics

MCAQD SIP Revision Package 113 of 162
(measured as total tetra-throughocta-chlorinated: dibenzo-p-dioxins

and dibenzofurans) 3.5 x 10-6

Municipal waste combustor metals

(measured as particulate matter) 15

Municipal waste combustor acid gases

(measured as sulfur dioxide and hydrogen chloride) 40

Municipal solid waste landfill emissions

(measured as nonmethane organic compounds) 50

b. In ozone nonattainment areas classified as serious or severe, significant 

emissions of VOC shall be determined under Rule 240-Permit Requirements 

For New Major Sources and Major Modifications to Existing Major Sources of 

these rules.

c. In reference to a regulated air pollutant that is not listed in Section 200.99(a) of 

this rule, is not a Class I nor a Class II substance listed in Section 602-Listing 

of Class I and Class II Substances of the Act and is not a hazardous air 

pollutant according to Rule 372-Maricopa County Hazardous Air Pollutants 

(HAPs) Program of these rules, any emissions rate.

d. Notwithstanding the emission amount listed in Section 200.99(a) of this rule, 

any emissions rate or any net emissions increase associated with a major source 

or major modification, which would be constructed within 10 kilometers (6.2 

miles) of a Class I area and which would have an impact on the ambient air 

quality of such area equal to or greater than 1 microgram/cubic meter (mg/m3) 

(24-hour average).

200.100 SOLVENT-BORNE COATING MATERIAL - Any liquid coating-material in 

which the solvent is primarily or solely a VOC. For the purposes of this definition, 

“primarily” means that of the total solvent mass that evaporates from the coating, 

the VOC portion weighs more than the non-VOC portion.

200.101 SOURCE - Any building, structure, facility, or installation that may cause or 

contribute to air pollution. 

MCAQD SIP Revision Package 114 of 162
200.102 SPECIAL INSPECTION WARRANT - An order, in writing, issued in the 

name of the State of Arizona, signed by a magistrate, directed to the Control 

Officer or his deputies authorizing him to enter into or upon public or private 

property for the purpose of making an inspection authorized by law.

200.103 STANDARD CONDITIONS - A temperature of 293K (68 degrees Fahrenheit 

or 20 degrees Celsius) and a pressure of 101.3 kilopascals (29.92 in.Hg or 1013.25 

mb). When applicable, all analyses and tests shall be calculated and reported at 

standard gas temperatures and pressure values.

200.104 STATE IMPLEMENTATION PLAN (SIP) - 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 under the Act.

200.105 STATIONARY SOURCE - Any source that operates at a fixed location and that 

emits or generates regulated air pollutants.

200.106 SYNTHETIC MINOR - Any source whose maximum capacity to emit a 

pollutant under its physical and operational design would exceed the major source 

threshold levels but is restricted by an enforceable emissions limitation that 

prevents such source from exceeding major source threshold levels. 

200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION 

PROJECT - 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.

200.108 TITLE V - Title V of the Federal Clean Air Act as amended in 1990 and the 40 

CFR Part 70 EPA regulations adopted to implement the Act.

200.109 TOTAL REDUCED SULFUR (TRS) - 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.

MCAQD SIP Revision Package 115 of 162
200.110 TRADE SECRETS - Information to which all of the following apply:

a. A person has taken reasonable measures to protect from disclosure and the 

person intends to continue to take such measures.

b. The information is not, and has not been, reasonably obtainable without the 

person’s consent by other persons, other than governmental bodies, by use of 

legitimate means, other than discovery based on a showing of special need in a 

judicial or quasi-judicial proceeding.

c. No statute, including ARS §49-487, specifically requires disclosure of the 

information to the public.

d. The person has satisfactorily shown that disclosure of the information is likely 

to cause substantial harm to the business’s competitive position.

200.111 TRIVIAL ACTIVITY – For the purpose of this rule, a trivial activity shall be any 

activity, process, or emissions unit that, in addition to meeting the criteria for 

insignificant activity, has extremely low emissions. No activity, process, or 

emissions unit that is conducted as part of a manufacturing process or is related to 

the source’s primary business activity shall be considered trivial. Trivial activities 

are listed in Appendix E of these rules and may be omitted from Title V permit 

applications and from Non-Title V permit applications. 

200.112 UNCLASSIFIED AREA - An area which the Administrator, because of lack of 

adequate data, is unable to classify as an attainment or nonattainment area for a 

specific pollutant. For purposes of these rules, unclassified areas are to be treated 

as attainment areas.

200.113 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound 

which participates in atmospheric photochemical reactions, except the nonprecursor organic compounds.

SECTION 300 - STANDARDS

301 AIR POLLUTION PROHIBITED: No person shall discharge from any source whatever 

into the atmosphere regulated air pollutants which exceed in quantity or concentration that 

specified and allowed in these rules, the Arizona Administrative Code or ARS, or which cause 

MCAQD SIP Revision Package 116 of 162
damage to property, or unreasonably interfere with the comfortable enjoyment of life or 

property of a substantial part of a community, or obscure visibility, or which in any way 

degrade the quality of the ambient air below the standards established by the Board of

Supervisors or the Director.

302 APPLICABILITY OF MULTIPLE RULES: Whenever more than one standard in this 

rule applies to any source or whenever a standard in this rule and a standard in the Maricopa 

County Air Pollution Control Regulations Regulation III-Control of Air Contaminants applies 

to any source, the rule or combination of rules resulting in the lowest rate or lowest 

concentration of regulated air pollutants released to the atmosphere shall apply, unless 

otherwise specifically exempted or designated.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS: Any 

application form or report submitted under these rules shall contain certification by a 

responsible official of truth, accuracy, and completeness of the application form or report as of 

the time of submittal. This certification and any other certification required under these rules 

shall state that, based on information and belief formed after reasonable inquiry, the 

statements and information in the document are true, accurate, and complete.

402 CONFIDENTIALITY OF INFORMATION: 

402.1 The Control Officer shall make all permits, including all elements required to be in 

the permit under Rule 210-Title V Permit Provisions of these rules and Rule 220-

Non-Title V Permit Provisions of these rules, available to the public.

402.2 Any records, reports, or information obtained from any person under these rules 

shall be available to the public, unless the Control Officer has notified the person 

in writing as specified in Section 402.3 of this rule and unless a person:

a. Precisely identifies the information in the permit(s), records, or reports, which 

is considered confidential.

b. Provides sufficient supporting information to allow the Control Officer to 

evaluate whether such information satisfies the requirements related to trade 

secrets as defined in Section 200.110 of this rule.

MCAQD SIP Revision Package 117 of 162
402.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 

402.2 of this rule, the Control Officer shall make a determination as to whether the 

information satisfies the requirements for trade secrets as described in Section 

200.110 of this rule and so notify the applicant in writing. If the Control Officer 

agrees with the applicant that the information covered by the notice of 

confidentiality satisfies the statutory requirements, the Control Officer shall 

include a notice in the administrative record of the permit application that certain 

information has been considered confidential.

402.4 A claim of confidentiality shall not excuse a person from providing any and all 

information required or requested by the Control Officer.

402.5 A claim of confidentiality shall not be a defense for failure to provide such 

information.

SECTION 500 - MONITORING AND RECORDS

501 REPORTING REQUIREMENTS: The owner and/or operator of any air pollution source 

shall maintain records of all emissions testing and monitoring, records detailing all 

malfunctions which may cause any applicable emission limitation to be exceeded, records 

detailing the implementation of approved control plans and compliance schedules, records 

required as a condition of any permit, records of materials used or produced, and any other 

records relating to the emission of air contaminants which may be requested by the Control 

Officer.

502 DATA REPORTING: When requested by the Control Officer, a person shall furnish to the 

Department information to locate and classify air contaminant sources according to type, level, 

duration, frequency, and other characteristics of emissions and such other information as may 

be necessary. This information shall be sufficient to evaluate the effect on air quality and 

compliance with these rules. The owner and/or operator of a source requested to submit 

information under Section 501 of this rule may subsequently be required to submit annually, or 

at such intervals specified by the Control Officer, reports detailing any changes in the nature of 

the source since the previous report and the total annual quantities of materials used or air 

contaminants emitted.

MCAQD SIP Revision Package 118 of 162
503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request 

of the Control Officer and as directed by the Control Officer, the owner and/or operator of 

any source which emits or may emit oxides of nitrogen (NOx) or volatile organic compounds 

(VOC) shall provide the Control Officer with an emission statement, in such form as the 

Control Officer prescribes, showing measured actual emissions or estimated actual emissions 

of NOx and VOC from that source. At a minimum, the emission statement shall contain all 

information required by the Consolidated Emissions Reporting Rule in 40 CFR 51, Subpart A, 

Appendix A, Table 2A, which is incorporated by reference in Appendix G of these rules. The 

statement shall contain emissions for the time period specified by the Control Officer. The 

statement shall also contain a certification by a responsible official of the company that the 

information contained in the statement is accurate to the best knowledge of the individual 

certifying the statement. Statements shall be submitted annually to the Department. The 

Control Officer may waive this requirement for the owner and/or operator of any source 

which emits less than 25 tons per year of oxides of nitrogen or volatile organic compounds 

with an approved emission inventory for sources based on AP-42 or other methodologies 

approved by the Administrator.

504 RETENTION OF RECORDS: Information and records required by applicable 

requirements and copies of summarizing reports recorded by the owner and/or operator and 

submitted to the Control Officer shall be retained by the owner and/or operator for five years 

after the date on which the information is recorded or the report is submitted. Non-Title V 

sources may retain such information, records, and reports for less than five years, if otherwise 

allowed by these rules.

505 ANNUAL EMISSIONS INVENTORY REPORT: 

505.1 Upon request of the Control Officer and as directed by the Control Officer, the 

owner and/or operator of a business shall complete and shall submit to the 

Control Officer an annual emissions inventory report. The report is due by April 

30, or 90 days after the Control Officer makes the inventory form(s) available, 

whichever occurs later. These requirements apply whether or not a permit has 

been issued and whether or not a permit application has been filed.

MCAQD SIP Revision Package 119 of 162
505.2 The annual emissions inventory report shall be in the format provided by the 

Control Officer.

505.3 The Control Officer may require submittal of supplemental emissions inventory 

information forms for air contaminants under ARS §49-476.01, ARS §49-480.03, 

and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of 

these rules.

MCAQD SIP Revision Package 120 of 162
Appendix 3: Notice of Public Hearing

MCAQD SIP Revision Package 121 of 162
NOTICE OF PUBLIC HEARING

FOR MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS, 

ORDINANCES,

AND STATE IMPLEMENTATION PLAN (SIP) REVISIONS

NOTICE IS HEREBY GIVEN that the Maricopa County Board of Supervisors will conduct a 

public hearing on September 25, 2013 at 9:00 am regarding proposed amendments to Maricopa 

County Air Pollution Control Regulations Rule 100 (General Provisions and Definitions), Rule 330 

(Volatile Organic Compounds), Rule 331 (Solvent Cleaning), Rule 333 (Petroleum Solvent Dry 

Cleaning), Rule 334 (Rubber Sports Ball Manufacturing), Rule 335 (Architectural Coatings), Rule 336 

(Surface Coating Operations), Rule 338 (Semiconductor Manufacturing), Rule 339 (Vegetable Oil 

Extraction Processes), Rule 340 (Cutback and Emulsified Asphalt), Rule 341 (Metal Investment 

Casting), Rule 342 (Coating Wood Furniture and Fixtures), Rule 343 (Commercial Bread Bakeries), 

Rule 344 (Automotive Windshield Washer Fluid), Rule 345 (Vehicle and Mobile Equipment 

Coating), Rule 346 (Coating Wood Millwork), Rule 347 (Ferrous Sand Casting), Rule 348 (Aerospace 

Manufacturing and Rework Operations), Rule 349 (Pharmaceutical, Cosmetic and Vitamin 

Manufacturing Operations), Rule 352 (Gasoline Delivery Vessel Testing and Use), Rule 353 

(Gasoline in Stationary Dispensing Tanks), Rule 358 (Polystyrene Foam Operations), and Appendix 

G (Incorporated Materials).

Following the public hearing, the Board is requested to adopt the proposed amendments and to 

submit amended Rule 100 as a revision to the Arizona State Implementation Plan (SIP). The public 

hearing will be held at the Maricopa County Board of Supervisors’ Auditorium, 205 West Jefferson 

St., Phoenix, Arizona. Additional information about the proposed amendments is available at: 

www.maricopa.gov/regulations and is available at the Maricopa County Air Quality Department 

located at 1001 N. Central Ave. Suite 125, Phoenix, Arizona.

MCAQD SIP Revision Package 122 of 162
Appendix 4: Affidavit of Publication

MCAQD SIP Revision Package 123 of 162
MCAQD SIP Revision Package 124 of 162
MCAQD SIP Revision Package 125 of 162
Appendix 5: Certified Excerpts from the Minutes of 

the Board of Supervisors’ Public Hearing

MCAQD SIP Revision Package 126 of 162
MCAQD SIP Revision Package 127 of 162
Appendix 6: Final Adopted Version of the Rule

MCAQD SIP Revision Package 128 of 162
REGULATION I – GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

INDEX

SECTION 100 – GENERAL

101 DECLARATION OF INTENT

102 LEGAL AUTHORITY

103 VALIDITY

104 CIRCUMVENTION

105 RIGHT OF INSPECTION OF PREMISES

106 RIGHT OF INSPECTION OF RECORDS

107 ADVISORY COUNCIL

108 HEARING BOARD

109 ANTI-DEGRADATION

110 AVAILABILITY OF POLLUTION INFORMATION

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT

112 AVAILABILITY OF INFORMATION

SECTION 200 – DEFINITIONS

200.1 AAC

200.2 ACT

200.3 ACTUAL EMISSIONS

200.4 ADMINISTRATOR

200.5 ADVISORY COUNCIL

200.6 AFFECTED FACILITY

200.7 AFFECTED SOURCE

200.8 AFFECTED STATE

200.9 AIR CONTAMINANT

200.10 AIR POLLUTION

200.11 AIR POLLUTION CONTROL EQUIPMENT

200.12 ALLOWABLE EMISSIONS

200.13 AMBIENT AIR

200.14 AP-42

200.15 APPLICABLE IMPLEMENTATION PLAN

200.16 APPLICABLE REQUIREMENT

MCAQD SIP Revision Package 129 of 162
200.17 APPROVED

200.18 AREA SOURCE

200.19 ARS

200.20 ASME

200.21 ASTM

200.22 ATTAINMENT AREA

200.23 BEGIN ACTUAL CONSTRUCTION

200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)

200.25 BRITISH THERMAL UNIT (BTU)

200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION

200.27 CFR

200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE

200.29 CLEAN COAL TECHNOLOGY

200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT

200.31 COMMENCE

200.32 COMPLETE

200.33 CONSTRUCTION

200.34 CONTROL OFFICER

200.35 DEPARTMENT

200.36 DIRECTOR

200.37 DISCHARGE

200.38 DIVISION

200.39 DUST GENERATING OPERATION

200.40 EFFLUENT

200.41 ELECTRIC UTILITY STEAM GENERATING UNIT

200.42 EMISSION STANDARD

200.43 EMISSIONS UNIT

200.44 EPA

200.45 EQUIVALENT METHOD

200.46 EXCESS EMISSIONS

200.47 EXISTING SOURCE

200.48 FACILITY

200.59 FEDERAL APPLICABLE REQUIREMENT

200.50 FEDERAL LAND MANAGER

MCAQD SIP Revision Package 130 of 162
200.51 FEDERALLY ENFORCEABLE

200.52 FINAL PERMIT

200.53 FUEL OIL

200.54 FUGITIVE EMISSION

200.55 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE 

CONTROL TECHNOLOGY (HAPRACT)

200.56 INDIAN GOVERNING BODY

200.57 INDIAN RESERVATION

200.58 INSIGNIFICANT ACTIVITY

200.59 MAJOR MODIFICATION

200.60 MAJOR SOURCE

200.61 MAJOR SOURCE THRESHOLD

200.62 MALFUNCTION

200.63 MATERIAL PERMIT CONDITION

200.64 METHOD OF OPERATION

200.65 MODIFICATION

200.66 NET EMISSIONS INCREASE

200.67 NEW SOURCE

200.68 NITROGEN OXIDES (NOX) 

200.69 NONATTAINMENT AREA

200.70 NON-PRECURSOR ORGANIC COMPOUND

200.71 OPEN OUTDOOR FIRE

200.72 OPERATION

200.73 ORGANIC COMPOUND

200.74 ORGANIC LIQUID

200.75 OWNER AND/OR OPERATOR

200.76 PARTICULATE MATTER

200.77 PERMITTING AUTHORITY

200.78 PERSON

200.79 PHYSICAL CHANGE

200.80 PM2.5

200.81 PM10

200.82 POLLUTANT

200.83 POLLUTION CONTROL PROJECT

MCAQD SIP Revision Package 131 of 162
200.84 PORTABLE SOURCE

200.85 POTENTIAL TO EMIT

200.86 PROPOSED PERMIT

200.87 PROPOSED FINAL PERMIT

200.88 QUANTIFIABLE

200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC 

UTILITY STEAM GENERATING UNIT

200.90 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

200.91 REFERENCE METHOD

200.92 REGULATED AIR POLLUTANT

200.93 REGULATORY REQUIREMENTS

200.94 REPLICABLE

200.95 REPOWERING

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS

200.97 RESPONSIBLE OFFICIAL

200.98 SCHEDULED MAINTENANCE

200.99 SIGNIFICANT

200.100 SOLVENT-BORNE COATING MATERIAL

200.101 SOURCE

200.102 SPECIAL INSPECTION WARRANT

200.103 STANDARD CONDITIONS

200.104 STATE IMPLEMENTATION PLAN (SIP)

200.105 STATIONARY SOURCE

200.106 SYNTHETIC MINOR

200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION 

PROJECT

200.108 TITLE V

200.109 TOTAL REDUCED SULFUR (TRS)

200.110 TRADE SECRETS

200.111 TRIVIAL ACTIVITY

200.112 UNCLASSIFIED AREA

200.113 VOLATILE ORGANIC COMPOUND (VOC)

SECTION 300 – STANDARDS

301 AIR POLLUTION PROHIBITED

MCAQD SIP Revision Package 132 of 162
302 APPLICABILITY OF MULTIPLE RULES

SECTION 400 – ADMINISTRATIVE REQUIREMENTS 

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS

402 CONFIDENTIALITY OF INFORMATION

SECTION 500 – MONITORING AND RECORDS

501 REPORTING REQUIREMENTS

502 DATA REPORTING

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT

504 RETENTION OF RECORDS

505 ANNUAL EMISSIONS INVENTORY REPORT

MCAQD SIP Revision Package 133 of 162
Revised 07/13/88

Revised 10/01/90

Revised 06/22/92

Revised 11/16/92

Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 04/03/96

Revised 06/19/96

Revised 03/04/98

Revised 05/20/98

Revised 07/26/00

Revised 03/07/01

Revised 08/22/01

Revised 11/06/02

Revised 03/15/06

Revised 06/06/07

Revised 09/25/13

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION I – GENERAL PROVISIONS

RULE 100

GENERAL PROVISIONS AND DEFINITIONS

SECTION 100 – GENERAL

101 DECLARATION OF INTENT: The Maricopa County Air Pollution Control 

Regulations prevent, reduce, control, correct, or remove regulated air pollutants 

originating within the territorial limits of Maricopa County and carry out the 

mandates of Arizona Revised Statutes (ARS), Title 49-The Environment.

102 LEGAL AUTHORITY: These rules are adopted under the authority granted by 

ARS §49-479.

103 VALIDITY: If any section, subsection, clause, phrase, or provision of these rules 

is held to be invalid for any reason, such decision shall not affect the validity of the 

remaining portion.

104 CIRCUMVENTION: A person shall not build, erect, install, or use any article, 

machine, equipment, condition, or any contrivance, the use of which, without 

resulting in a reduction in the total release of regulated air pollutants to the 

atmosphere, conceals or dilutes an emission which would otherwise constitute a 

violation of these rules. No person shall circumvent these rules to dilute regulated 

air pollutants by using more emission openings than is considered normal practice 

by the industry or activity in question.

105 RIGHT OF INSPECTION OF PREMISES: The Control Officer, during 

reasonable hours, for the purpose of enforcing and administering these rules or 

any provision of ARS relating to the emission or control prescribed pursuant 

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thereto, may enter every building, premises, or other place, except the interior of 

structures used as private residences. In the event that consent to enter for 

inspection purposes has been refused or circumstances justify the failure to seek 

such consent, special inspection warrants may be issued by a magistrate. Every 

person is guilty of a petty offense under ARS §49-488 who in any way denies, 

obstructs, or hampers such entrance or inspection that is lawfully authorized by 

warrant.

106 RIGHT OF INSPECTION OF RECORDS: When the Control Officer has 

reasonable cause to believe that any person has violated or is in violation of any 

provision of this rule, any rule adopted under this rule, or any requirement of a 

permit issued under this rule, the Control Officer may request, in writing, that such 

person produce all existing books, records, and other documents evidencing tests, 

inspections, or studies which may reasonably relate to compliance or noncompliance with rules adopted under this rule. No person shall fail nor refuse to 

produce all existing documents required in such written request by the Control 

Officer.

107 ADVISORY COUNCIL: An Advisory Council appointed by the Board of 

Supervisors may advise and consult with the Board of Supervisors, the Maricopa 

County Air Quality Department, and the Control Officer in effecting the mandates 

of ARS Title 49.

108 HEARING BOARD: The Board of Supervisors shall appoint a 5-member 

hearing board knowledgeable in the field of air pollution. At least three members 

shall not have a substantial interest, as defined in ARS § 38-502(11), in any person 

required to obtain an air pollution permit or subject to enforcement orders issued 

under these rules. Each member shall serve a term of three years.

109 ANTI-DEGRADATION: The standards in these rules shall not be construed as 

permitting the preventable degradation of air quality in any area of Maricopa 

County.

110 AVAILABILITY OF POLLUTION INFORMATION: The public shall be 

informed on a daily basis of average daily concentration of three pollutants: 

particulates, carbon monoxide, and ozone. This information shall be disseminated 

through the use of newspapers, radio, and television. The levels of each pollutant 

shall be expressed through the use of the Air Quality Index (AQI) and a written 

copy of such information shall be made available at the office of the Maricopa 

County Air Quality Department, 1001 North Central Avenue, Suite 400, Phoenix, 

Arizona, 85004, 602-506-6010.

111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT: A 

report on the progress in implementation of nonattainment area plans shall be 

produced by the Department each year. The primary function of the report is to 

review the implementation schedules for control measures and emission reduction 

forecasts in the nonattainment area plans. The annual report will be made available 

to the public at the offices of Maricopa County Air Quality Department, 1001 

North Central Avenue, Suite 400, Phoenix, Arizona, 85004, 602-506-6010.

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112 AVAILABILITY OF INFORMATION: Copies of 40 CFR 51, Subpart A, 

Appendix A, Table 2A are available at 1001 North Central Avenue, Suite 695, 

Phoenix, Arizona, 85004, or call 602-506-6010 for information.

SECTION 200 – DEFINITIONS: To aid in the understanding of these rules, the following general 

definitions are provided. Additional definitions, as necessary, can be found in each rule of the 

Maricopa County Air Pollution Control Regulations.

200.1 AAC: Arizona Administrative Code.

200.2 ACT: The Clean Air Act of 1963 (P.L. 88-206; 42 United States Code sections 

7401 through 7671), as amended by the Clean Air Act Amendments of 1990 

(P.L.101-549).

200.3 ACTUAL EMISSIONS: The actual rate of emissions of a pollutant from an 

emissions unit, as determined in Section 200.3(a) through Section 200.3(e) of this 

rule:

a. In general, actual emissions as of a particular date shall equal the average rate, 

in tons per year, at which the emissions unit actually emitted the pollutant 

during a 2-year period that precedes the particular date and that is 

representative of normal source operation. The Control Officer 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 emissions 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, then 

the Control Officer may presume that source-specific allowable emissions for 

the emissions unit are equivalent to the actual emissions of the emissions unit.

c. For any emissions unit at a Title V source, other than an electric utility steam 

generating unit described in Section 200.3(e) of this rule 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 Non-Title V 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 and/or operator maintains and 

submits to the Control Officer 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 Control 

Officer, if the Control Officer determines the longer period to be more 

representative of normal source post-change operations.

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200.4 ADMINISTRATOR: The Administrator of the United States Environmental 

Protection Agency.

200.5 ADVISORY COUNCIL: The Maricopa County Air Pollution Control Advisory 

Council appointed by the Maricopa County Board of Supervisors.

200.6 AFFECTED FACILITY: With reference to a stationary source, any apparatus to 

which a standard is applicable.

200.7 AFFECTED SOURCE: A source that includes one or more emissions units 

which are subject to emission reduction requirements or limitations under Title 

IV-Acid Deposition Control of the Act.

200.8 AFFECTED STATE: Any State whose air quality may be affected and that is 

contiguous to Arizona or that is within 50 miles of the permitted source.

200.9 AIR CONTAMINANT: Includes smoke, vapors, charred paper, dust, soot, 

grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, 

particulate matter, windborne matter, radioactive materials, noxious chemicals, or 

any other material in the outdoor atmosphere.

200.10 AIR POLLUTION: The presence in the outdoor atmosphere of one or more air 

contaminants, or combinations thereof, in sufficient quantities, which either alone 

or in connection with other substances, by reason of their concentration and 

duration, are or tend to be injurious to human, plant, or animal life, or causes 

damage to property, or unreasonably interferes with the comfortable enjoyment of 

life or property of a substantial part of a community, or obscures visibility, or 

which in any way degrades the quality of the ambient air below the standards 

established by the Board of Supervisors.

200.11 AIR POLLUTION CONTROL EQUIPMENT: Equipment used to 

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

200.12 ALLOWABLE EMISSIONS: The emission rate of a stationary source 

calculated using 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 or both) and the most stringent of the following:

a. The applicable New Source Performance Standards as described in Rule 360 

of these rules or the Federal Hazardous Air Pollutant Program as described in 

Rule 370 of these rules; or

b. The applicable existing source performance standard as approved for the State 

Implementation Plan (SIP); or

c. The emissions rate specified in any federally promulgated rule or federally 

enforceable permit condition.

200.13 AMBIENT AIR: That portion of the atmosphere, external to buildings, to which 

the general public has access.

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200.14 AP-42: The EPA document "Compilation of Air Pollutant Emission Factors," as 

incorporated by reference in Appendix G of these rules.

200.15 APPLICABLE IMPLEMENTATION PLAN: Those provisions of the State 

Implementation Plan (SIP) approved by the Administrator or a Federal 

Implementation Plan (FIP) promulgated under Title I-Air Pollution Prevention 

and Control of the Act.

200.16 APPLICABLE REQUIREMENT: Applicable requirement means any of the 

following:

a. Any federal applicable requirement as defined in Section 200.49 of this rule.

b. Any other requirement established under the Maricopa County Air Pollution 

Control Regulations or ARS Title 49, Chapter 3, Articles 1, 3, 7, and 8.

200.17 APPROVED: Approved in writing by the Maricopa County Air Pollution 

Control Officer.

200.18 AREA SOURCE: Any stationary source that is not a major source. For purposes 

of these rules, the term "area source" shall not include motor vehicles or nonroad 

vehicles subject to regulation under Title II-Emission Standards for Moving 

Sources of the Act.

200.19 ARS: The Arizona Revised Statutes. The titles of the most frequently used ARS 

references in these rules are listed below:

ARS §38-502(11) Public Officers and Employees, Conduct of Office, Conflict of 

Interest of Officers and Employees, Definitions, Substantial 

Interest

ARS Title 49 The Environment 

ARS Title 49, Chapter 3 The Environment, Air Quality 

ARS Title 49, Chapter 4 The Environment, Solid Waste Management 

ARS §49-109 The Environment, General Provisions, Department of 

Environmental Quality, Certificate of Disclosure of Violations; 

Definition; Remedies 

ARS §49-401 The Environment, Air Quality, General Provisions, Declaration 

of Policy 

ARS §49-426 The Environment, Air Quality, State Air Pollution Control, 

Permits; Duties of Director; Exceptions; Applications; 

Objections; Fees

ARS §49-426.04 The Environment, Air Quality, State Air Pollution Control, 

State List of Hazardous Air Pollutants 

ARS §49-426.05 The Environment, Air Quality, State Air Pollution Control, 

Designation of Sources of Hazardous Air Pollutants 

ARS §49-429 The Environment, Air Quality, State Air Pollution Control, 

Permit Transfers; Notice; Appeal

ARS §49-464 The Environment, Air Quality, State Air Pollution Control, 

Violation; Classification; Penalties; Definition

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ARS §49-473 The Environment, Air Quality, County Air Pollution Control, 

Board of Supervisors 

ARS §49-476.01 The Environment, Air Quality, County Air Pollution Control, 

Monitoring 

ARS §49-478 The Environment, Air Quality, County Air Pollution Control, 

Hearing Board 

ARS §49-480 The Environment, Air Quality, County Air Pollution Control, 

Permits; Fees

ARS §49-480.03 The Environment, Air Quality, County Air Pollution Control, 

Federal Hazardous Air Pollutant Program; Date Specified by 

Administrator; Prohibition 

ARS §49-480.04 The Environment, Air Quality, County Air Pollution Control, 

County Program for Control of Hazardous Air Pollutants 

ARS §49-482 The Environment, Air Quality, County Air Pollution Control, 

Appeals to Hearing Board 

ARS §49-483 The Environment, Air Quality, County Air Pollution Control, 

Permit Transfers; Notice; Appeal

ARS §49-487 The Environment, Air Quality, County Air Pollution Control, 

Classification and Reporting; Confidentiality of Records 

ARS §49-488 The Environment, Air Quality, County Air Pollution Control, 

Special Inspection Warrant

ARS §49-490 The Environment, Air Quality, County Air Pollution Control, 

Hearings on Orders of Abatement 

ARS §49-498 The Environment, Air Quality, County Air Pollution Control, 

Notice of Hearing; Publication; Service

ARS §49-501 The Environment, Air Quality, County Air Pollution Control, 

Unlawful Open Burning; Definition; Exceptions; Fine 

ARS §49-511 The Environment, Air Quality, County Air Pollution Control, 

Violations, Order of Abatement 

ARS §49-514 The Environment, Air Quality, County Air Pollution Control, 

Violation; Classification; Definition

200.20 ASME: The American Society of Mechanical Engineers.

200.21 ASTM: The American Society for Testing and Materials.

200.22 ATTAINMENT AREA: An area so designated by the Administrator, acting 

under Section 107-Air Quality Control Regions of the Act, as having ambient air 

pollutant concentrations equal to or less than national primary or secondary 

ambient air quality standards for a particular pollutant or pollutants.

200.23 BEGIN ACTUAL CONSTRUCTION: 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 pipe work, and construction of permanent storage structures. With 

respect to a change in method of operation, “begin actual construction” refers to 

those on-site activities, other than preparatory activities, which mark the initiation 

of the change.

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200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): An emissions 

limitation, based on the maximum degree of reduction for each pollutant, subject 

to regulation under the Act, which would be emitted from any proposed stationary 

source or modification, which the Control Officer, on a case-by-case basis, taking 

into account energy, environmental, and economic impacts and other costs, 

determines is achievable for such source or modification through application of 

production processes or available methods, systems, and techniques, including fuel 

cleaning or treatment or innovative fuel combination techniques for control of 

such pollutant. Under no circumstances shall BACT be determined to be less 

stringent than the emission control required by an applicable provision of these 

rules or of any State or Federal laws (“Federal laws” include the EPA approved 

State Implementation Plan (SIP)). If the Control Officer 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.

200.25 BRITISH THERMAL UNIT (BTU): The quantity of heat required to raise the 

temperature of one pound of water one degree Fahrenheit (°F) at 39.1°F.

200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION: All the 

pollutant-emitting equipment and activities that belong to the same industrial 

grouping, that are located on one or more contiguous or adjacent properties, and 

that are under the control of the same person or persons under common control, 

except the activities of any vessel. 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".

200.27 CFR: The United States Code of Federal Regulations.

200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE: 

Shall include, but not be limited to, circumstances where a violation resulted from 

a sudden and unavoidable breakdown of the process or the control equipment, 

resulted from unavoidable conditions during a startup or shutdown, or resulted 

from upset of operations.

200.29 CLEAN COAL TECHNOLOGY: Any technology, including technologies 

applied at the pre-combustion, 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.

200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT: 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 

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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.

200.31 COMMENCE: As applied to construction of a major source or a major 

modification, that the owner and/or operator has all necessary preconstruction 

approvals or permits and has either:

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 

canceled or modified without substantial loss to the owner and/or operator, to 

undertake a program of actual construction of the source to be completed 

within a reasonable time.

200.32 COMPLETE: In reference to an application for a permit, “complete” means 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 Control Officer from requesting nor from 

accepting any additional information.

200.33 CONSTRUCTION: Any physical change or change in the method of operation, 

including fabrication, erection, or installation, demolition, or modification of an 

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

200.34 CONTROL OFFICER: The executive head of the department authorized or 

designated to enforce air pollution regulations, the executive head of an air 

pollution control district established under ARS §49-473, or the designated agent.

200.35 DEPARTMENT: The Maricopa County Air Quality Department.

200.36 DIRECTOR: The director of the Arizona Department of Environmental Quality 

(ADEQ).

200.37 DISCHARGE: The release or escape of an effluent into the atmosphere from a 

source.

200.38 DIVISION: The Division no longer exists; consequently, all references in these 

rules to Division refer to Department.

200.39 DUST GENERATING OPERATION: Any activity capable of generating 

fugitive dust, including but not limited to, land clearing, earthmoving, weed 

abatement by discing or blading, excavating, construction, demolition, bulk 

material handling, storage and/or transporting operations, vehicle use and 

movement, the operation of any outdoor equipment, or unpaved parking lots. For 

the purpose of this rule, landscape maintenance and playing on or maintaining a 

field used for non-motorized sports shall not be considered a dust generating 

operation. However, landscape maintenance shall not include grading, trenching, 

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or any other mechanized surface disturbing activities performed to establish initial 

landscapes or to redesign existing landscapes.

200.40 EFFLUENT: Any air contaminant which is emitted and subsequently escapes 

into the atmosphere.

200.41 ELECTRIC UTILITY STEAM GENERATING UNIT: Any steam electric 

generating unit that is constructed for the purpose of supplying more than 1/3 of 

its potential electric output capacity and more than 25 MW electric 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.

200.42 EMISSION STANDARD: The definition of emission standard, as summarized 

from ARS §49-514(T) and ARS §49-464(V), is: A numeric limitation on the 

volume or concentration of air pollutants in emissions from a source or a specific 

design, equipment, or work practice standard, the purpose of which is to eliminate 

or reduce the volume or concentration of pollutants emitted by a source. The term 

emission standard does not include opacity standards. Violations of emission 

standards shall be determined in the manner prescribed by the applicable

regulations issued by the Administrator or the Director or the Control Officer.

200.43 EMISSIONS UNIT: Any part of a stationary source which emits or would have 

the potential to emit any regulated air pollutant.

200.44 EPA: The United States Environmental Protection Agency.

200.45 EQUIVALENT METHOD: Any method of sampling and analyzing for an air 

pollutant, which has been demonstrated to the Administrator's satisfaction to have 

a consistent and quantitatively known relationship to the reference method, under 

specified conditions.

200.46 EXCESS EMISSIONS: Emissions of an air pollutant in excess of an emission 

standard, as measured by the compliance test method applicable to such emission 

standard.

200.47 EXISTING SOURCE: 

a. A source in operation prior to the effective date of this rule, or a source on 

which the construction or modification has commenced and for which the 

Control Officer has granted a permit prior to the effective date of this rule; or

b. When used in conjunction with a source subject to new source performance 

standards (NSPS), any source which does not have an applicable NSPS under 

Rule 360-New Source Performance Standards of these rules.

200.48 FACILITY: The definition of facility is included in Section 200.6-Definition of 

Affected Facility of this rule and in Section 200.26-Definition of Building, 

Structure, Facility or Installation of this rule.

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200.49 FEDERAL APPLICABLE REQUIREMENT: Any of the following as they 

apply to emissions units covered by a Title V permit or a Non-Title V permit 

(including requirements that have been promulgated or approved by the 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 the EPA through 

rulemaking under Title I-Air Pollution Prevention and Control of the Act 

that implements the relevant requirements of the Act, including any revisions 

to that plan promulgated in 40 CFR 52. 

b. Any term or condition of any unitary permits issued under regulations 

approved or promulgated through rulemaking under Title I-Air Pollution 

Prevention and Control, including Parts C or D, of the Act. 

c. Any standard or other requirement under Section 111-Standards of 

Performance for New Stationary Sources of the Act, includes Section 111(d). 

d. Any standard or other requirement under Section 112-National Emission 

Standards for Hazardous Air Pollutants 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 IVAcid Deposition Control of the Act or the regulations promulgated 

thereunder and incorporated under Rule 371-Acid Rain of these rules. 

f. Any requirements established under Section 504(b)-Permit Requirements and 

Conditions or Section 114(a)(3)-Inspections, Monitoring, and Entry of the 

Act.

g. Any standard or other requirement governing solid waste incineration under 

Section 129-Solid Waste Combustion of the Act.

h. Any standard or other requirement for consumer and commercial products 

pursuant to Section 183(e)-Federal Ozone Measures of the Act.

i. Any standard or other requirement for tank vessels pursuant to Section 

183(f)-Federal Ozone Measures of the Act.

j. Any standard or other requirement of the program to control air pollution 

from outer continental shelf sources under Section 328-Air Pollution From 

Outer Continental Shelf Activities of the Act.

k. Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI-Stratospheric Ozone Protection of the 

Act, unless the Administrator has determined that such requirements need 

not be contained in a Title V permit; and 

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l. Any national ambient air quality standard or increment or visibility 

requirement under Part C-Prevention of Significant Deterioration of Air 

Quality of Title I-Air Pollution Prevention and Control of the Act, but only 

as it would apply to temporary sources permitted under Section 504(e)-

Permit Requirements and Conditions of the Act. 

200.50 FEDERAL LAND MANAGER: With respect to any lands in the United 

States, the Secretary of The Department with authority over such lands.

200.51 FEDERALLY ENFORCEABLE - 

a. All terms and conditions contained in a Title V permit, except those terms and 

conditions which have been specifically designated as not federally enforceable;

b. The requirements of operating permit programs and permits issued under such 

permit programs which have been approved by the Administrator, including 

the requirements of State and County operating permit programs approved 

under Title V-Permits of the Act or under any new source review permit 

program; 

c. All limitations and conditions which are enforceable by the Administrator, 

including the requirements of the New Source Performance Standards (NSPS) 

and the National Emissions Standards for Hazardous Air Pollutants 

(NESHAPs) contained in these rules; 

d. The requirements of such other State or County rules or regulations approved 

by the Administrator for inclusion in the State Implementation Plan (SIP); 

e. The requirements of any federal regulation promulgated by the Administrator 

as part of the State Implementation Plan (SIP); and

f. The requirements of State and County operating permit programs, other than 

Title V programs, which have been approved by the Administrator and 

incorporated into the applicable State Implementation Plan (SIP) under the 

criteria for federally enforceable State Operating Permit Programs set forth in 

54, Federal Register 27274, dated June 28, 1989. Such requirements include 

permit terms and conditions which have been entered into voluntarily by a 

source under this rule and/or under Rule 220-Non-Title V Permit Provisions 

of these rules.

200.52 FINAL PERMIT: The version of a permit issued by the Control Officer after 

completion of all review required by Maricopa County Air Pollution Control 

Regulations.

200.53 FUEL OIL: 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 D-975-90aSpecification for Diesel Fuel Oils.

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200.54 FUGITIVE EMISSION: Any emission which could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening.

200.55 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE 

CONTROL TECHNOLOGY (HAPRACT): An emissions standard for 

hazardous air pollutants which the Control Officer, acting pursuant to §49-

480.04(C), determines is reasonably available for a source. In making the foregoing 

determination, the Control Officer shall take into consideration the estimated actual 

air quality impact of the standard, the cost of complying with the standard, the 

demonstrated reliability and widespread use of the technology required to meet the 

standard, and any non-air quality health and environmental impacts and energy 

requirements. For purposes of this definition, an emissions standard may be 

expressed as a numeric emissions limitation or as a design, equipment, work 

practice, or operational standard.

200.56 INDIAN GOVERNING BODY: 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.

200.57 INDIAN RESERVATION: Any federally recognized reservation established by 

Treaty, Agreement, Executive Order, or Act of Congress.

200.58 INSIGNIFICANT ACTIVITY: For the purpose of this rule, an insignificant 

activity shall be any activity, process, or emissions unit that is not subject to a 

source-specific applicable requirement, that emits no more than 0.5 ton per year of 

hazardous air pollutants (HAPs) and no more than two tons per year of a regulated 

air pollutant, and that is either included in Appendix D-List of Insignificant 

Activities of these rules or is approved as an insignificant activity under Rule 200-

Permit Requirements of these rules. Source-specific applicable requirements 

include requirements for which emissions unit-specific information is needed to 

determine applicability. 

200.59 MAJOR MODIFICATION: 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 VOCs shall be considered 

significant for ozone.

b. Any net emissions increase that is significant for oxides of nitrogen shall be 

considered significant for ozone nonattainment areas classified as marginal, 

moderate, serious, or severe.

c. For the purposes of this definition, the following shall not be considered a 

physical change or a change in the method of operation:

(1) Routine maintenance, repair, and replacement; 

(2) 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 

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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;

(3) Use of an alternative fuel by reason of an order or rule under Section 125-

Measures to Prevent Economic Disruption or Unemployment of the Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source that either:

(a) 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 Rule 200-Permit Requirements, Rule 210-Title V 

Permit Provisions, Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources, Rule 245-Continuous 

Source Emission Monitoring, and Rule 270-Performance Tests of 

these rules; or

(b) The source is approved to use under any permit issued under 40 CFR 

52.21, or under Rule 200-Permit Requirements, Rule 210-Title V 

Permit Provisions, Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources, Rule 245-Continuous 

Source Emission Monitoring, and Rule 270-Performance Tests of 

these rules;

(6) 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 Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, 

Rule 240-Permits for New Major Sources and Major Modifications to 

Existing Major Sources, Rule 245-Continuous Source Emission 

Monitoring, and Rule 270-Performance Tests of these rules;

(7) Any change in ownership at a stationary source;

(8) The addition, replacement, or use of a pollution control project at an 

existing electric utility steam generating unit, unless the Control Officer 

determines that the addition, replacement, or use renders the unit less 

environmentally beneficial, or except:

(a) When the Control Officer 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

(b) The Control Officer determines that the increase will cause or 

contribute to a violation of any national ambient air quality 

MCAQD SIP Revision Package 146 of 162
standard, prevention of significant deterioration (PSD) 

increment, or visibility limitation;

(9) The installation, operation, cessation, or removal of a temporary clean coal 

technology demonstration project, if the project complies with:

(a) The State Implementation Plan (SIP); and

(b) Other requirements necessary to attain and maintain the national 

ambient air quality standards during the project and after it is 

terminated;

(10) For electric utility steam generating units located in attainment and 

unclassified 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 of any 

regulated pollutant emitted by the unit. This exemption shall apply on a 

pollutant-by-pollutant basis; and

(11) For electric utility steam generating units located in attainment and 

unclassified areas only, the reactivation of a very clean coal-fired electric 

utility steam generating unit.

200.60 MAJOR SOURCE: 

a. A major source as defined in Rule 240-Permits for New Major Sources and 

Major Modifications to Existing Major Sources of these rules;

b. A major source under Section 112-National Emission Standards for 

Hazardous Air Pollutants of the Act:

(1) For pollutants other than radionuclides, any stationary source that emits or 

has the potential to emit, in the aggregate, including fugitive emissions, 10 

tons per year (tpy) or more of any hazardous air pollutant which has been 

listed under 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 

Title 18-Environmental Quality, Chapter 2-Department of Environmental 

Quality Air Pollution Control, Article 11-Federal Hazardous Air Pollutants 

of the Arizona Administrative Code. 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

(2) For radionuclides, major source shall have the meaning specified by the 

Administrator by rule.

MCAQD SIP Revision Package 147 of 162
c. A major stationary source, as defined in Section 302-Definitions of the Act, 

that directly emits or has the potential to emit 100 tpy or more of any air 

pollutant, including 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 purpose of 

Section 302(j) of the Act, unless the source belongs to one of the following 

categories of stationary source:

Coal cleaning plants (with thermal dryers).

Kraft pulp mills.

Portland cement plants.

Primary zinc smelters.

Iron and steel mills.

Primary aluminum ore reduction plants.

Primary copper smelters.

Municipal incinerators capable of charging more than 50 tons of refuse per 

day.

Hydrofluoric, sulfuric, or nitric acid plants.

Petroleum refineries.

Lime plants.

Phosphate rock processing plants.

Coke oven batteries.

Sulfur recovery plants.

Carbon black plants (furnace process).

Primary lead smelters.

Fuel conversion plants.

Sintering plants.

Secondary metal production plants.

Chemical process plants.

Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

BTU per hour heat input.

Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels.

Taconite ore processing plants.

Glass fiber processing plants.

Charcoal production plants.

Fossil fuel-fired steam electric plants of more than 250 million BTU per hour 

rated heat input. 

Any other stationary source category which, as of August 7, 1980, is being 

regulated under Section 111-Standards of Performance for New Stationary 

Sources of the Act or under Section 112-National Emission Standards for 

Hazardous Air Pollutants of the Act.

MCAQD SIP Revision Package 148 of 162
200.61 MAJOR SOURCE THRESHOLD: 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 Section 200.60-Definition of Major 

Source of this rule. 

200.62 MALFUNCTION: Any sudden and unavoidable failure of air pollution control 

equipment, process, or process equipment to operate in a normal and usual 

manner. 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 shall not be considered malfunctions.

200.63 MATERIAL PERMIT CONDITION - 

a. For the purposes of ARS §49-464(G) and ARS §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 Control 

Officer or by the Director after the effective date of this rule.

(2) The condition is identified within the permit as a material permit 

condition.

(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 Rule 372-

Maricopa County Hazardous Air Pollutants (HAPs) Program of 

these rules.

(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-Standards of 

Performance for New Stationary Sources of the Act or Title IAir Pollution Prevention and Control, Part C or D, of the Act.

(4) Violation of the condition is not covered by Subsections (A) through (F) 

or (H) through (J) of ARS §49-464 or Subsections (A) through (F) or (H) 

through (J) of ARS §49-514.

MCAQD SIP Revision Package 149 of 162
b. For the purposes of Sections 200.63(a)(3)(c), (d), and (e) of this rule, a permit 

condition shall not be material where the failure to comply resulted from 

circumstances which were outside the control of the source.

200.64 METHOD OF OPERATION: The definition of method of operation is 

included in Section 200.72-Definition of Operation of this rule.

200.65 MODIFICATION: A physical change in or a change in the method of operation 

of a source which increases the actual emissions of any regulated air pollutant 

emitted by such source by more than any relevant deminimis amount, or which 

results in the emission of any regulated air pollutant not previously emitted by 

more than such deminimis amount.

200.66 NET EMISSIONS INCREASE: 

a. The amount by which the sum of Section 200.66(a)(1) and Section 200.66(a)(2) 

below exceed zero:

(1) Any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source; and

(2) 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:

(1) The date five years before construction on the particular change 

commences; and

(2) The date that the increase from the particular change occurs.

c. An increase or decrease in actual emissions is creditable only if the Control 

Officer 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 particulate matter which occurs before the applicable baseline date, as 

described in Rule 500-Attainment Area Classification of these rules, 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:

MCAQD SIP Revision Package 150 of 162
(1) The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions;

(2) The emissions unit was actually operated and emitted the specific 

pollutant;

(3) It is federally enforceable at and after the time that actual construction on 

the particular change begins; and

(4) It has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change.

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.

200.67 NEW SOURCE: Any source that is not an existing source.

200.68 NITROGEN OXIDES (NOX): All oxides of nitrogen except nitrous oxide, as 

measured by test methods set forth in the Appendices to 40 CFR 60.

200.69 NONATTAINMENT AREA: An area so designated by the Administrator, 

acting under Section 107-Air Quality Control Regions of the Act, as exceeding 

national primary or secondary ambient air standards for a particular pollutant or

pollutants.

200.70 NON-PRECURSOR ORGANIC COMPOUND: 

a. Any of the following organic compounds that have been designated by the 

EPA as having negligible photo-chemical reactivity:

67-64-1 Acetone;

74-82-8 Methane;

74-84-0 Ethane;

75-09-2 Methylene chloride (dichloromethane);

71-55-6 1,1,1-trichloroethane (methyl chloroform);

75-69-4 Trichlorofluoromethane (CFC-11);

75-71-8 Dichlorodifluoromethane (CFC-12);

75-45-6 Chlorodifluoromethane (HCFC-22);

76-13- 1 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

6-14-2 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);

6-15-3 Chloropentafluoroethane (CFC-115);

5-46-7 Trifluoromethane (HFC-23);

06-83-2 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

837-89-0 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

717-00-6 1,1-dichloro-1-fluoroethane (HCFC-141b);

5-68-3 1-chloro-1,1-difluoroethane (HCFC-142b);

34-33-6 Pentafluoroethane (HFC-125);

354-25-6 1,1,2,2-tetrafluoroethane (HFC-134);

MCAQD SIP Revision Package 151 of 162
811-97-2 1,1,1,2-tetrafluoroethane (HFC-134a);

420-46-2 1,1,1-trifluoroethane (HFC-143a);

75-37-6 1,1-difluoroethane (HFC-152a);

98-56-6 Parachlorobenzotrifluoride (PCBTF);

127-18-4 Perchloroethylene (tetrachloroethylene); 

422-56-0 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

507-55-1 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

75-10-5 Difluoromethane (HFC-32);

353-36-6 Ethylfluoride (HFC-161);

690-39-1 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

678-86-7 1,1,2,2,3-pentafluoropropane (HFC-245ca);

460-73-1 1,1,2,3,3-pentafluoropropane (HFC-245ea);

431-31-2 1,1,1,2,3-pentafluoropropane (HFC-245eb);

1,1,1,3,3-pentafluoropropane (HFC-245fa);

431-63-0 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

1,1,1,3,3-pentafluorobutane (HFC-365mfc);

593-70-4 Chlorofluoromethane (HCFC-31);

1615-75-4 1-chloro-1-fluoroethane (HCFC-151a);

354-23-4 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

163702-07-6 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3) 

(HFE-7100);

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane

((CF3)2CFCF2OCH3);

163702-05-41 -ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5) 

(HFE-7200); 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OC2H5);

79-20-9 methyl acetate;

cyclic, branched, or linear completely methylated siloxanes;

375-03-1 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propan (nC3F7OCH3,HFE-7000);

431-89-0 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);

107-31-3 methyl formate (HCOOCH3);

and perfluorocarbon compounds that fall into these classes:

Cyclic, branched, or linear, completely fluorinated alkanes;

Cyclic, branched, or linear, completely fluorinated ethers 

with no unsaturations; Cyclic, branched, or linear, 

completely fluorinated tertiary amines with no 

unsaturations; and Sulfur containing perfluorocarbons 

with no unsaturations and with sulfur bonds only to carbon 

and fluorine. 

b. The following compound(s) are 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 (540-88-5).

MCAQD SIP Revision Package 152 of 162
200.71 OPEN OUTDOOR FIRE: Any combustion of material of any type outdoors, 

where the products of combustion are not directed through a flue. 

200.72 OPERATION: Any physical action resulting in a change in the location, form, or 

physical properties of a material, or any chemical action resulting in a change in the 

chemical composition or properties of a material.

200.73 ORGANIC COMPOUND: Any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and 

ammonium carbonate.

200.74 ORGANIC LIQUID: Any organic compound which exists as a liquid under any 

actual conditions of use, transport, or storage.

200.75 OWNER AND/OR OPERATOR: Any person who owns, leases, operates, 

controls, or supervises an affected facility or a stationary source of which an 

affected facility is a part.

200.76 PARTICULATE MATTER: Any material, except condensed water containing 

no more than analytical trace amounts of other chemical elements or compounds, 

which has a nominal aerodynamic diameter smaller than 100 microns 

(micrometers) and which exists in a finely divided form as a liquid or solid at actual 

conditions.

200.77 PERMITTING AUTHORITY: The department or a County department or 

agency that is charged with enforcing a permit program adopted under ARS §49-

480, Subsection A.

200.78 PERSON: Any individual, public or private corporation, company, partnership, 

firm, association or society of persons, the Federal Government and any of its 

departments or agencies, or the State and any of its agencies, departments or 

political subdivisions.

200.79 PHYSICAL CHANGE: Any replacement, addition, or alteration of equipment 

that is not already allowed under the terms of the source's permit.

200.80 PM2.5: Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 microns (micrometers), as measured by the applicable State and 

Federal Reference Test Methods.

200.81 PM10: Particulate matter with an aerodynamic diameter less than or equal to a 

nominal 10 microns (micrometers), as measured by the applicable State and 

Federal Reference Test Methods.

200.82 POLLUTANT: An air contaminant the emissions or ambient 

concentration of which is regulated under these rules.

200.83 POLLUTION CONTROL PROJECT: 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:

MCAQD SIP Revision Package 153 of 162
a. The installation of conventional or innovative pollution control technology, 

including but not limited to 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 but not limited to 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 Appropriation 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 EPA; or

d. A permanent clean coal technology demonstration project that constitutes a 

repowering project.

200.84 PORTABLE SOURCE: Any stationary source that is capable of being 

transported and operated in more than one county of this state.

200.85 POTENTIAL TO EMIT: The maximum capacity of a stationary source to emit 

pollutants, 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.

200.86 PROPOSED PERMIT: The version of a permit for which the Control Officer 

offers public participation under Rule 210-Title V Permit Provisions of these rules 

or offers affected State review under Rule 210-Title V Permit Provisions of these 

rules.

200.87 PROPOSED FINAL PERMIT: The version of a Title V permit that the 

Control Officer proposes to issue and forwards to the Administrator for review, in 

compliance with Rule 210-Title V Permit Provisions of these rules.

200.88 QUANTIFIABLE: 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.

200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC 

UTILITY STEAM GENERATING UNIT: 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:

MCAQD SIP Revision Package 154 of 162
a. Has not been in operation for the 2-year period before enactment of the Clean 

Air Act Amendments of 1990 and the emissions from the unit continue to be 

carried in the Maricopa County 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 nitrogen oxides (NOx) burners before commencement 

of operations following reactivation; and

d. Is otherwise in compliance with the Act.

200.90 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT): For 

facilities subject to Regulation III-Control of Air Contaminants of these rules, the 

emissions limitation of the existing source performance standard. For facilities not 

subject to Regulation III-Control of Air Contaminants of these rules, the lowest 

emission limitation that a particular source is capable of achieving by the 

application of control technology that is reasonably available considering 

technological and economic feasibility. Such technology may previously have been 

applied to a similar, but not necessarily identical, source category. RACT for a 

particular facility, other than a facility subject to Regulation III-Control of Air 

Contaminants of these rules, is determined on a case-by-case basis, considering the 

technological feasibility and cost-effectiveness of the application of the control 

technology to the source category.

200.91 REFERENCE METHOD: Any of the methods of sampling and analyzing for 

an air pollutant as described in the Arizona Testing Manual for Air Pollutant 

Emissions; 40 CFR 50, Appendices A through L; 40 CFR 52, Appendices D and 

E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C.

200.92 REGULATED AIR POLLUTANT: Any of the following:

a. Any conventional air pollutant as defined in ARS §49-401.01, which means any 

pollutant for which the Administrator has promulgated a primary or a 

secondary national ambient air quality standard (NAAQS) (i.e., for carbon 

monoxide (CO), nitrogen oxides (NOX), lead, sulfur oxides (SOX) measured as 

sulfur dioxides (SO2), ozone, and particulates).

b. Nitrogen oxides (NOX) and volatile organic compounds (VOCs).

c. Any air contaminant that is subject to a standard contained in Rule 360-New 

Source Performance Standards of these rules or promulgated under Section

111-Standards of Performance for New Stationary Sources of the Act.

d. Any hazardous air pollutant (HAP) as defined in Rule 372-Maricopa County 

Hazardous Air Pollutants (HAPs) Program of these rules.

e. Any Class I or II substance listed in Section 602-Stratospheric Ozone 

Protection; Listing of Class I and Class II Substances of the Act.

MCAQD SIP Revision Package 155 of 162
200.93 REGULATORY REQUIREMENTS: All applicable requirements, Department 

rules, and all State requirements pertaining to the regulation of air contaminants.

200.94 REPLICABLE: With respect to methods or procedures sufficiently unambiguous 

such that the same or equivalent results would be obtained by the application of 

the method or procedure by different users.

200.95 REPOWERING: The Control Officer shall give expedited consideration to 

permit applications for any source that satisfies the following criteria and that is 

granted an extension under Section 409-Repowered Sources of the Act:

a. Repowering means replacing an existing coal-fired boiler with one of the 

following clean coal technologies:

(1) Atmospheric or pressurized fluidized bed combustion;

(2) Integrated gasification combined cycle;

(3) Magnetohydrodynamics;

(4) Direct and indirect coal-fired turbines;

(5) Integrated gasification fuel cells; or

(6) As determined by the Administrator, in consultation with the United 

States Secretary of Energy, a derivative of one or more of the above 

listed technologies; and 

(7) 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 units which have 

been awarded clean coal technology demonstration funding as of January 1, 

1991 by the United States Department of Energy.

200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS: The average rate, 

in tons per year, at which the 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 within 10 years after that change, if the Control 

Officer determines that the different period is more representative of source 

operations), considering the effect the change will have on increasing or decreasing 

the hourly emission rate and on projected capacity utilization. In projecting future 

emissions, the Control Officer shall:

a. Consider all relevant information, including but not limited to historical 

operational data, the company’s representations, filings with the Maricopa 

County, State or Federal regulatory authorities, and compliance plans under 

Title IV-Acid Deposition Control of the Act; and

MCAQD SIP Revision Package 156 of 162
b. Exclude, in calculating any increase in emissions that result 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 that 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.

200.97 RESPONSIBLE OFFICIAL: 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;

(1) The sources employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or

(2) 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 rule, 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); or

d. For affected sources:

(1) The designated representative insofar as actions, standards, requirements, 

or prohibitions under Title IV-Acid Deposition Control of the Act or the 

regulations promulgated thereunder are concerned; and

(2) The designated representative for any other purposes under 40 CFR, Part 

70.

200.98 SCHEDULED MAINTENANCE: Preventive maintenance undertaken in 

order to avoid a potential breakdown or upset of air pollution control equipment.

200.99 SIGNIFICANT - 

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 

one of the following rates:

MCAQD SIP Revision Package 157 of 162
Pollutant Emissions Rate (TPY)

Carbon Monoxide 100

Nitrogen Oxides 40

Sulfur Dioxide 40

Particulate Matter 25

PM10 15

VOC 40

Lead 0.6

Fluorides 3

Sulfuric Acid Mist 7

Hydrogen Sulfide (H2S) 10

Total Reduced Sulfur (including hydrogen sulfide) 10

Reduced Sulfur Compounds (including hydrogen sulfide) 10

Municipal waste combustor organics (measured as total tetra-throughocta-chlorinated: dibenzo-p-dioxins and dibenzofurans)3.5 x 10-6

Municipal waste combustor metals (measured as particulate matter) 15

Municipal waste combustor acid gases (measured as sulfur dioxide 

and hydrogen chloride)

40

Municipal solid waste landfill emissions(measured as nonmethane 

organic compounds)

50

b. In ozone nonattainment areas classified as serious or severe, significant 

emissions of VOC shall be determined under Rule 240-Permit Requirements 

For New Major Sources and Major Modifications to Existing Major Sources of 

these rules.

c. In reference to a regulated air pollutant that is not listed in Section 200.99(a) of 

this rule, is not a Class I nor a Class II substance listed in Section 602-Listing 

of Class I and Class II Substances of the Act and is not a hazardous air 

pollutant according to Rule 372-Maricopa County Hazardous Air Pollutants 

(HAPs) Program of these rules, any emissions rate.

d. Notwithstanding the emission amount listed in Section 200.99(a) of this rule, 

any emissions rate or any net emissions increase associated with a major source 

or major modification, which would be constructed within 10 kilometers (6.2 

miles) of a Class I area and which would have an impact on the ambient air 

quality of such area equal to or greater than 1 microgram/cubic meter (mg/m3) 

(24-hour average).

200.100 SOLVENT-BORNE COATING MATERIAL: Any liquid coating-material in 

which the solvent is primarily or solely a VOC. For the purposes of this definition, 

“primarily” means that of the total solvent mass that evaporates from the coating, 

the VOC portion weighs more than the non-VOC portion.

200.101 SOURCE: Any building, structure, facility, or installation that may cause or 

contribute to air pollution. 

200.102 SPECIAL INSPECTION WARRANT: An order, in writing, issued in the 

name of the State of Arizona, signed by a magistrate, directed to the Control 

MCAQD SIP Revision Package 158 of 162
Officer or his deputies authorizing him to enter into or upon public or private 

property for the purpose of making an inspection authorized by law.

200.103 STANDARD CONDITIONS: A temperature of 293K (68 degrees Fahrenheit 

or 20 degrees Celsius) and a pressure of 101.3 kilopascals (29.92 in.Hg or 1013.25 

mb). When applicable, all analyses and tests shall be calculated and reported at 

standard gas temperatures and pressure values.

200.104 STATE IMPLEMENTATION PLAN (SIP): 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 under the Act.

200.105 STATIONARY SOURCE: Any source that operates at a fixed location and that 

emits or generates regulated air pollutants.

200.106 SYNTHETIC MINOR: Any source whose maximum capacity to emit a 

pollutant under its physical and operational design would exceed the major source 

threshold levels but is restricted by an enforceable emissions limitation that 

prevents such source from exceeding major source threshold levels. 

200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION 

PROJECT: 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.

200.108 TITLE V: Title V of the Federal Clean Air Act as amended in 1990 and the 40 

CFR Part 70 EPA regulations adopted to implement the Act.

200.109 TOTAL REDUCED SULFUR (TRS): 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.

200.110 TRADE SECRETS: Information to which all of the following apply:

a. A person has taken reasonable measures to protect from disclosure and the 

person intends to continue to take such measures.

b. The information is not, and has not been, reasonably obtainable without the 

person’s consent by other persons, other than governmental bodies, by use of 

legitimate means, other than discovery based on a showing of special need in a 

judicial or quasi-judicial proceeding.

c. No statute, including ARS §49-487, specifically requires disclosure of the 

information to the public.

d. The person has satisfactorily shown that disclosure of the information is likely 

to cause substantial harm to the business’s competitive position.

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200.111 TRIVIAL ACTIVITY: For the purpose of this rule, a trivial activity shall be any 

activity, process, or emissions unit that, in addition to meeting the criteria for 

insignificant activity, has extremely low emissions. No activity, process, or 

emissions unit that is conducted as part of a manufacturing process or is related to 

the source’s primary business activity shall be considered trivial. Trivial activities 

are listed in Appendix E of these rules and may be omitted from Title V permit 

applications and from Non-Title V permit applications. 

200.112 UNCLASSIFIED AREA: An area which the Administrator, because of lack of 

adequate data, is unable to classify as an attainment or nonattainment area for a 

specific pollutant. For purposes of these rules, unclassified areas are to be treated 

as attainment areas.

200.113 VOLATILE ORGANIC COMPOUND (VOC): Any organic compound 

which participates in atmospheric photochemical reactions, except the nonprecursor organic compounds.

SECTION 300 – STANDARDS

301 AIR POLLUTION PROHIBITED: No person shall discharge from any source whatever 

into the atmosphere regulated air pollutants which exceed in quantity or concentration that 

specified and allowed in these rules, the Arizona Administrative Code or ARS, or which cause 

damage to property, or unreasonably interfere with the comfortable enjoyment of life or 

property of a substantial part of a community, or obscure visibility, or which in any way 

degrade the quality of the ambient air below the standards established by the Board of 

Supervisors or the Director.

302 APPLICABILITY OF MULTIPLE RULES: Whenever more than one standard in this 

rule applies to any source or whenever a standard in this rule and a standard in the Maricopa 

County Air Pollution Control Regulations Regulation III-Control of Air Contaminants applies 

to any source, the rule or combination of rules resulting in the lowest rate or lowest 

concentration of regulated air pollutants released to the atmosphere shall apply, unless 

otherwise specifically exempted or designated.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS: Any 

application form or report submitted under these rules shall contain certification by a 

responsible official of truth, accuracy, and completeness of the application form or report as of 

the time of submittal. This certification and any other certification required under these rules 

shall state that, based on information and belief formed after reasonable inquiry, the 

statements and information in the document are true, accurate, and complete.

402 CONFIDENTIALITY OF INFORMATION: 

402.1 The Control Officer shall make all permits, including all elements required to be in 

the permit under Rule 210-Title V Permit Provisions of these rules and Rule 220-

Non-Title V Permit Provisions of these rules, available to the public.

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402.2 Any records, reports, or information obtained from any person under these rules 

shall be available to the public, unless the Control Officer has notified the person 

in writing as specified in Section 402.3 of this rule and unless a person:

a. Precisely identifies the information in the permit(s), records, or reports, which 

is considered confidential.

b. Provides sufficient supporting information to allow the Control Officer to 

evaluate whether such information satisfies the requirements related to trade 

secrets as defined in Section 200.110 of this rule.

402.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 

402.2 of this rule, the Control Officer shall make a determination as to whether the 

information satisfies the requirements for trade secrets as described in Section 

200.110 of this rule and so notify the applicant in writing. If the Control Officer 

agrees with the applicant that the information covered by the notice of

confidentiality satisfies the statutory requirements, the Control Officer shall 

include a notice in the administrative record of the permit application that certain 

information has been considered confidential.

402.4 A claim of confidentiality shall not excuse a person from providing any and all 

information required or requested by the Control Officer.

402.5 A claim of confidentiality shall not be a defense for failure to provide such 

information.

SECTION 500 – MONITORING AND RECORDS

501 REPORTING REQUIREMENTS: The owner and/or operator of any air pollution source 

shall maintain records of all emissions testing and monitoring, records detailing all 

malfunctions which may cause any applicable emission limitation to be exceeded, records 

detailing the implementation of approved control plans and compliance schedules, records 

required as a condition of any permit, records of materials used or produced, and any other 

records relating to the emission of air contaminants which may be requested by the Control 

Officer.

502 DATA REPORTING: When requested by the Control Officer, a person shall furnish to the 

Department information to locate and classify air contaminant sources according to type, level, 

duration, frequency, and other characteristics of emissions and such other information as may 

be necessary. This information shall be sufficient to evaluate the effect on air quality and 

compliance with these rules. The owner and/or operator of a source requested to submit 

information under Section 501 of this rule may subsequently be required to submit annually, or 

at such intervals specified by the Control Officer, reports detailing any changes in the nature of 

the source since the previous report and the total annual quantities of materials used or air 

contaminants emitted.

503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request 

of the Control Officer and as directed by the Control Officer, the owner and/or operator of 

any source which emits or may emit oxides of nitrogen (NOx) or volatile organic compounds 

(VOC) shall provide the Control Officer with an emission statement, in such form as the 

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Control Officer prescribes, showing measured actual emissions or estimated actual emissions 

of NOx and VOC from that source. At a minimum, the emission statement shall contain all 

information required by the Consolidated Emissions Reporting Rule in 40 CFR 51, Subpart A, 

Appendix A, Table 2A, which is incorporated by reference in Appendix G of these rules. The 

statement shall contain emissions for the time period specified by the Control Officer. The 

statement shall also contain a certification by a responsible official of the company that the 

information contained in the statement is accurate to the best knowledge of the individual 

certifying the statement. Statements shall be submitted annually to the Department. The 

Control Officer may waive this requirement for the owner and/or operator of any source 

which emits less than 25 tons per year of oxides of nitrogen or volatile organic compounds 

with an approved emission inventory for sources based on AP-42 or other methodologies 

approved by the Administrator.

504 RETENTION OF RECORDS: Information and records required by applicable 

requirements and copies of summarizing reports recorded by the owner and/or operator and 

submitted to the Control Officer shall be retained by the owner and/or operator for five years 

after the date on which the information is recorded or the report is submitted. Non-Title V 

sources may retain such information, records, and reports for less than five years, if otherwise 

allowed by these rules.

505 ANNUAL EMISSIONS INVENTORY REPORT: 

505.1 Upon request of the Control Officer and as directed by the Control Officer, the 

owner and/or operator of a business shall complete and shall submit to the 

Control Officer an annual emissions inventory report. The report is due by April 

30, or 90 days after the Control Officer makes the inventory form(s) available, 

whichever occurs later. These requirements apply whether or not a permit has 

been issued and whether or not a permit application has been filed.

505.2 The annual emissions inventory report shall be in the format provided by the 

Control Officer.

505.3 The Control Officer may require submittal of supplemental emissions inventory 

information forms for air contaminants under ARS §49-476.01, ARS §49-480.03, 

and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of 

these rules

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