Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-306 - Permit Contents

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each permit
				issued by the Director shall include the following elements:
1. The date of issuance and the permit
				term.
2. Enforceable emission
				limitations and standards, including operational requirements and limitations
				that ensure compliance with all applicable requirements at the time of issuance
				and operational requirements and limitations that have been voluntarily
				accepted under
				R18-2-306.01.
a. The permit shall specify and reference the
				origin of and authority for each term or condition and identify any difference
				in form as compared to the applicable requirement upon which the term or
				condition is based.
b. The permit
				shall state that, if an applicable requirement of the Act is more stringent
				than an applicable requirement of regulations promulgated under Title IV of the
				Act, both provisions shall be incorporated into the permit and shall be
				enforceable by the Administrator.
c. Any permit containing an equivalency
				demonstration for an alternative emission limit submitted under
				R18-2-304(E)
				shall contain provisions to ensure that any resulting emissions limit has been
				demonstrated to be quantifiable, accountable, enforceable, and based on
				replicable procedures.
d. The
				permit shall specify applicable requirements for fugitive emission limitations,
				regardless of whether the source category in question is included in the list
				of sources contained in the definition of major source in
				R18-2-101.
3. Each permit shall contain the
				following requirements with respect to monitoring:
a. All monitoring and analysis procedures or
				test methods required under applicable monitoring and testing requirements,
				including:
i. Monitoring and analysis
				procedures or test methods under 40 CFR 64;
ii. Other procedures and methods promulgated
				under sections 114(a)(3) or 504(b) of the Act; and
iii. Monitoring and analysis procedures or
				test methods required under
				R18-2-306.01.
b.40 CFR 64 as adopted July 1,
				1998, is incorporated by reference and on file with the Department and the
				Office of the Secretary of State. This incorporation by reference contains no
				future editions or amendments. If more than one monitoring or testing
				requirement applies, the permit may specify a streamlined set of monitoring or
				testing provisions if the specified monitoring or testing is adequate to assure
				compliance at least to the same extent as the monitoring or testing applicable
				requirements not included in the permit as a result of such
				streamlining;
c. If the applicable
				requirement does not require periodic testing or instrumental or
				noninstrumental monitoring (which may consist of recordkeeping designed to
				serve as monitoring), periodic monitoring sufficient to yield reliable data
				from the relevant time period that are representative of the source's
				compliance with the permit as reported under subsection (A)(4). The monitoring
				requirements shall ensure use of terms, test methods, units, averaging periods,
				and other statistical conventions consistent with the applicable requirement,
				and as otherwise required under
				R18-2-306.01.
				Recordkeeping provisions may be sufficient to meet the requirements of this
				subsection; and
d. As necessary,
				requirements concerning the use, maintenance, and, if appropriate, installation
				of monitoring equipment or methods.
4. The permit shall incorporate all
				applicable recordkeeping requirements including recordkeeping requirements
				established under
				R18-2-306.01,
				for the following:
a. Records of required
				monitoring information that include the following:
i. The date, place as defined in the permit,
				and time of sampling or measurement;
ii. The date any analyses was
				performed;
iii. The name of the
				company or entity that performed the analysis;
iv. A description of the analytical technique
				or method used;
v. The results of
				any analysis; and
vi. The operating
				conditions existing at the time of sampling or measurement;
b. Retention of records of all
				required monitoring data and support information for a period of at least five
				years from the date of the monitoring sample, measurement, report, or
				application. Support information includes all calibration and maintenance
				records and all original strip-chart recordings for continuous monitoring
				instrumentation and copies of all reports required by the permit.
5. The permit shall incorporate
				all applicable reporting requirements including reporting requirements
				established under
				R18-2-306.01
				and require the following:
a. Submittal of
				reports of any required monitoring. All instances of deviations from permit
				requirements shall be clearly identified in the reports. All required reports
				shall be certified by a responsible official consistent with
				R18-2-304(I)
				and
				R18-2-309(A)(5)
				and shall be submitted with the following frequency:
i. For a Class I permit, at least once every
				six months;
ii. For a Class II
				permit, at least once per year.
b. Prompt reporting of deviations from permit
				requirements, including those attributable to upset conditions as defined in
				the permit, the probable cause of the deviations, and any corrective actions or
				preventive measures taken. Where the applicable requirement contains a
				definition of prompt or otherwise specifies a timeframe for reporting
				deviations, that definition or timeframe shall govern. Where the applicable
				requirement does not address the timeframe for reporting deviations, the
				permittee shall submit reports of deviations in compliance with the following
				schedule:
i. Notice that complies with
				timeframe in
				R18-2-310.01(A)
				is prompt for deviations that constitute excess emissions;
ii. Except as otherwise provided in the
				permit, notice that complies with subsection (A)(5)(a) is prompt for all other
				types of deviation.
6. A permit condition prohibiting emissions
				exceeding any allowances the source lawfully holds under Title IV of the Act or
				the regulations promulgated thereunder.
a. A
				permit revision is not required for increases in emissions that are authorized
				by allowances acquired under the acid rain program, if the increases do not
				require a permit revision under any other applicable requirement.
b. A limit shall not be placed on the number
				of allowances held by the source. The source shall not, however, use allowances
				as a defense to noncompliance with any other applicable requirement.
c. Any allowance shall be accounted for
				according to the procedures established in regulations promulgated under Title
				IV of the Act.
d. Any permit issued
				under the requirements of this Chapter and Title V of the Act to a unit subject
				to the provisions of Title IV of the Act shall include conditions prohibiting
				all of the following:
i. Annual emissions of
				sulfur dioxide in excess of the number of allowances to emit sulfur dioxide
				held by the owner or operator of the unit or the designated representative of
				the owner or operator,
ii.
				Exceedances of applicable emission rates,
iii. Use of any allowance before the year for
				which it is allocated, and
iv.
				Contravention of any other provision of the permit.
7. A severability clause to ensure
				the continued validity of the various permit requirements in the event of a
				challenge to any portion of the permit.
8. Provisions stating the following:
a. The permittee shall comply with all
				conditions of the permit including all applicable requirements of Arizona air
				quality statutes A.R.S. Title 49, Chapter 3, and the air quality rules, 18
				A.A.C. 2. Any permit noncompliance is grounds for enforcement action; for a
				permit termination, revocation and reissuance, or revision; or for denial of a
				permit renewal application. Noncompliance with any federally enforceable
				requirement in a permit is a violation of the Act.
b. It shall not be a defense for a permittee
				in an enforcement action that it would have been necessary to halt or reduce
				the permitted activity in order to maintain compliance with the conditions of
				the permit.
c. The permit may be
				revised, reopened, revoked and reissued, or terminated for cause. The filing of
				a request by the permittee for a permit revision, revocation and reissuance, or
				termination, or of a notification of planned changes or anticipated
				noncompliance does not stay any permit condition.
d. The permit does not convey any property
				rights of any sort, or any exclusive privilege to the permit holder.
e. The permittee shall furnish to the
				Director, within a reasonable time, any information that the Director may
				request in writing to determine whether cause exists for revising, revoking and
				reissuing, or terminating the permit, or to determine compliance with the
				permit. Upon the Director's request, the permittee shall also furnish to the
				Director copies of records required to be kept by the permit. For information
				claimed to be confidential, the permittee shall furnish a copy of the records
				directly to the Administrator along with a claim of confidentiality.
f. For any major source operating in a
				nonattainment area for all pollutants for which the source is classified as a
				major source, the source shall comply with reasonably available control
				technology.
9. A
				provision to ensure that the source pays fees to the Director under A.R.S.
				§ 49-426(E),
				R18-2-326,
				and
				R18-2-511.
10. A provision stating that a permit
				revision shall not be required under any approved economic incentives,
				marketable permits, emissions trading, and other similar programs or processes
				for changes provided for in the permit.
11. Terms and conditions for reasonably
				anticipated operating scenarios identified by the source in its application as
				approved by the Director. The terms and conditions shall:
a. Require the source, contemporaneously with
				making a change from one operating scenario to another, to record in a log at
				the permitted facility a record of the scenario under which it is
				operating;
b. Extend the permit
				shield described in
				R18-2-325 to all
				terms and conditions under each such operating scenario; and
c. Ensure that the terms and conditions of
				each such alternative scenario meet all applicable requirements and the
				requirements of this Chapter.
12. Terms and conditions, if the permit
				applicant requests them, and as approved by the Director, for the trading of
				emissions increases and decreases in the permitted facility, to the extent that
				the applicable requirements provide for trading the increases and decreases
				without a case-by-case approval of each emissions trade. The terms and
				conditions:
a. Shall include all terms
				required under subsections (A) and (C) to determine compliance;
b. Shall not extend the permit shield in
				subsection (D) to all terms and conditions that allow the increases and
				decreases in emissions;
c. Shall
				not include trading that involves emission units for which emissions are not
				quantifiable or for which there are no replicable procedures to enforce the
				emissions trades; and
d. Shall meet
				all applicable requirements and requirements of this Chapter.
13. Terms and conditions, if the
				permit applicant requests them and they are approved by the Director, setting
				forth intermittent operating scenarios including potential periods of downtime.
				If the terms and conditions are included, the state's emissions inventory shall
				not reflect the zero emissions associated with the periods of
				downtime.
14. Upon request of a
				permit applicant, the Director shall issue a permit that contains terms and
				conditions allowing for the trading of emission increases and decreases in the
				permitted facility solely for the purpose of complying with a federally
				enforceable emission cap established in the permit independent of otherwise
				applicable requirements. The permit applicant shall include in its application
				proposed replicable procedures and permit terms that ensure the emissions
				trades are quantifiable and enforceable. The Director shall not include in the
				emissions trading provisions any emissions units for which emissions are not
				quantifiable or for which there are no replicable procedures to enforce the
				emissions trades. The permit shall also require compliance with all applicable
				requirements. Changes made under this subsection (shall) not include
				modifications under any provision of Title I of the Act and shall not exceed
				emissions allowable under the permit. The terms and conditions shall provide,
				for Class I sources, for notice that conforms to R18-2-317(D) and (E), and for
				Class II sources, for logging that conforms to
				R18-2-317.02(B)(5).
				In addition, the notices for Class I and Class II sources shall describe how
				the increases and decreases in emissions will comply with the terms and
				conditions of the permit.
15. Other
				terms and conditions as are required by the Act, A.R.S. Title 49, Chapter 3,
				Articles 1 and 2, and the rules adopted in 18 A.A.C. 2.