reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-312 - Performance Tests

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in subsection (J), within 60 days after a source subject to the permit
				requirements of this Article has achieved the capability to operate at its
				maximum production rate on a sustained basis but no later than 180 days after
				initial start-up of such source and at such other times as may be required by
				the Director, the owner or operator of such source shall conduct performance
				tests and furnish the Director a written report of the results of the
				tests.
B. Performance tests shall
				be conducted and data reduced in accordance with the test method and procedures
				contained in the Arizona Testing Manual unless the Director:
1. Specifies or approves, in specific cases,
				the use of a reference method with minor changes in methodology;
2. Approves the use of an equivalent
				method;
3. Approves the use of an
				alternative method the results of which he has determined to be adequate for
				indicating whether a specific source is in compliance; or
4. Waives the requirement for performance
				tests because the owner or operator of a source has demonstrated by other means
				to the Director's satisfaction that the source is in compliance with the
				standard.
5. Nothing in this
				Section shall be construed to abrogate the Director's authority to require
				testing.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-313 - Existing Source Emission Monitoring

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every source subject to an existing source
				performance standard as specified in this Chapter shall install, calibrate,
				operate, and maintain all monitoring equipment necessary for continuously
				monitoring the pollutants and other gases specified in this Section for the
				applicable source category.
1. Applicability.
a. Fossil-fuel fired steam generators, as
				specified in subsection (C)(1), shall be monitored for opacity, nitrogen oxides
				emissions, sulfur dioxide emissions, and oxygen or carbon dioxide.
b. Fluid bed catalytic cracking unit catalyst
				regenerators, as specified in subsection (C)(4), shall be monitored for
				opacity.
c. Sulfuric acid plants,
				as specified in subsection (C)(3)of this Section, shall be monitored for sulfur
				dioxide emissions.
d. Nitric acid
				plants, as specified in subsection (C)(2), shall be monitored for nitrogen
				oxides emissions.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-314 - Quality Assurance

Current through Register Vol. 30, No. 28, July 12, 2024
Facilities subject to the permit requirements of this Article
				  shall submit a quality assurance plan to the Director that meets the
				  requirements of
				  R18-2-311(D)(3)
				  within 12 months of the effective date of this Section. Facilities subject to
				  the requirements of
				  R18-2-313
				  shall submit a quality assurance plan as specified in the permit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-315 - Posting of Permit

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person
				who has been granted an individual or general permit shall post such permit or
				a certificate of permit issuance on location where the equipment is installed
				in such a manner as to be clearly visible and accessible. All equipment covered
				by the permit shall be clearly marked with one of the following:
1. The current permit number,
2. A serial number or other equipment number
				that is also listed in the permit to identify that piece of
				equipment.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-316 - Notice by Building Permit Agencies

Current through Register Vol. 30, No. 28, July 12, 2024
All agencies of the county or political subdivisions of the
				  county that issue or grant building permits or approvals shall examine the
				  plans and specifications submitted by an applicant for a permit or approval to
				  determine if an air pollution permit will possibly be required under the
				  provisions of this Chapter. If it appears that an air pollution permit will be
				  required, the agency or political subdivision shall give written notice to the
				  applicant to contact the Director and shall furnish a copy of that notice to
				  the Director.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-317 - Facility Changes Allowed Without Permit Revisions - Class I

Current through Register Vol. 30, No. 28, July 12, 2024
A. A facility with
				a Class I permit may make changes that contravene an express permit term
				without a permit revision if all of the following apply:
1. The changes are not modifications under
				any provision of Title I of the Act or under A.R.S. §
										49-401.01(24);
2. The changes do not exceed the emissions
				allowable under the permit whether expressed therein as a rate of emissions or
				in terms of total emissions;
3. The
				changes do not violate any applicable requirements or trigger any additional
				applicable requirements;
4. The
				changes satisfy all requirements for a minor permit revision under
				R18-2-319(A);
5. The changes do not contravene federally
				enforceable permit terms and conditions that are monitoring (including test
				methods), recordkeeping, reporting, or compliance certification requirements;
				and
6. The changes do not
				constitute a minor NSR modification.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-317.01 - Facility Changes that Require a Permit Revision - Class II

Current through Register Vol. 30, No. 28, July 12, 2024
A. The following
				changes at a source with a Class II permit shall require a permit revision:
1. A change that would trigger a new
				applicable requirement or violate an existing applicable requirement.
2. Establishment of, or change in, an
				emissions cap under
				R18-2-306.02;
3. A change that will require a case-by-case
				determination of an emission limitation or other standard, or a source-specific
				determination of ambient impacts, or a visibility or increment
				analysis;
4. A change that results
				in emissions that are subject to monitoring, recordkeeping or reporting under
				R18-2-306(A)(3), (4), or (5) if the emissions cannot be measured or otherwise
				adequately quantified by monitoring, recordkeeping, or reporting requirements
				already in the permit;
5. A change
				that will authorize the burning of used oil, used oil fuel, hazardous waste, or
				hazardous waste fuel, or any other fuel not currently authorized by the
				permit;
6. A change that requires
				the source to obtain a Class I permit;
7. Replacement of an item of air pollution
				control equipment listed in the permit with one that does not have the same or
				better pollutant removal efficiency;
8. Establishment or revision of a limit under
				R18-2-306.01;
9. Increasing
				operating hours or rates of production above the permitted level;
10. A change that relaxes monitoring,
				recordkeeping, or reporting requirements, except when the change results:
a. From removing equipment that results in a
				permanent decrease in actual emissions, if the source keeps onsite records of
				the change in a log that satisfies Appendix 3 of this Chapter and if the
				requirements that are relaxed are present in the permit solely for the
				equipment that was removed; or
b.
				From a change in an applicable requirement; and
11. A minor NSR
				modification.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-317.02 - Procedures for Certain Changes that Do Not Require a Permit Revision - Class II

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except for a
				physical change or change in the method of operation at a Class II source
				requiring a permit revision under R18-2-317.01, or a change subject to logging
				or notice requirements in subsection (B) or (C), a change at a Class II source
				shall not be subject to revision, notice, or logging requirements under this
				Chapter.
B. Except as otherwise
				provided in the conditions applicable to an emissions cap created under
				R18-2-306.02,
				the following changes may be made if the source keeps onsite records of the
				changes according to Appendix 3:
1.
				Implementing an alternative operating scenario, including raw material
				changes;
2. Changing process
				equipment, operating procedures, or making any other physical change if the
				permit requires the change to be logged;
3. Engaging in any new insignificant activity
				listed in the definition of insignificant activities in R18-2-101 but not
				listed in the permit;
4. Replacing
				an item of air pollution control equipment listed in the permit with an
				identical (same model, different serial number) item. The Director may require
				verification of efficiency of the new equipment by performance tests;
				and
5. A change that results in a
				decrease in actual emissions if the source wants to claim credit for the
				decrease in determining whether the source has a net emissions increase for any
				purpose. The logged information shall include a description of the change that
				will produce the decrease in actual emissions. A decrease that has not been
				logged is creditable only if the decrease is quantifiable, enforceable, and
				otherwise qualifies as a creditable decrease.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-318 - Administrative Permit Amendments

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Except for provisions pursuant to Title IV of the Act, an administrative permit
				amendment is a permit revision that does any of the following:
1. Corrects typographical errors;
2. Identifies a change in the name, address,
				or phone number of any person identified in the permit, or provides a similar
				minor administrative change at the source;
3. Requires more frequent monitoring or
				reporting by the permittee;
4.
				Allows for a change in ownership or operational control of a source as approved
				under
				R18-2-323 where
				the Director determines that no other change in the permit is necessary,
				provided that a written agreement containing a specific date for transfer of
				permit responsibility coverage, and liability between the current and new
				permittee has been submitted to the Director;
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-318.01 - Annual Summary Permit Amendments for Class Ii Permits

Current through Register Vol. 30, No. 28, July 12, 2024
The Director may amend any Class II permit annually without
				  following
				  R18-2-321
				  in order to incorporate changes reflected in logs or notices filed under
				  R18-2-317.02.
				  The amendment shall be effective to the anniversary date of the permit. The
				  Director shall make available to the public for any source:
1. A complete record of logs and notices sent
				to the Department under
				R18-2-317.02;
				and
2. Any amendments or revisions
				to the source's permit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-319 - Minor Permit Revisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Minor
				permit revision procedures may be used only for those changes at a Class I
				source that satisfy all of the following:
1.
				Do not violate any applicable requirement;
2. Do not involve substantive changes to
				existing monitoring, reporting, or recordkeeping requirements in the
				permit;
3. Do not require or change
				a case-by-case determination of an emission limitation or other standard, or a
				source-specific determination of ambient impacts, or an analysis of impacts on
				visibility or maximum increases allowed under
				R18-2-218;
4. Do not seek to establish or change a
				permit term or condition for which there is no corresponding underlying
				applicable requirement and that the source has assumed in order to avoid an
				applicable requirement to which the source would otherwise be subject. The
				terms and conditions include:
a. A federally
				enforceable emissions cap that the source would assume to avoid classification
				as a modification under any provision of Title I of the Act; and
b. An alternative emissions limit approved
				under regulations promulgated under the section 112(i)(5) of the Act.
5. Are not modifications under any
				provision of Title I of the Act;
6.
				Are not changes in fuels not represented in the permit application or provided
				for in the permit;
7. Are not minor
				NSR modifications subject to
				R18-2-334;
				and
8. Are not required to be
				processed as a significant permit revision under
				R18-2-320.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-320 - Significant Permit Revisions

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				Class I sources, a significant revision shall be used for an application
				requesting a permit revision that does not qualify as a minor permit revision
				or as an administrative amendment. A significant revision that is only required
				because of a change described in
				R18-2-319(A)(6)
				or (7) shall not be considered a significant
				permit revision under part 70 for the purposes of
				40 CFR
				64.5(a)(2). Every
				significant change in existing monitoring permit terms or conditions and every
				relaxation of reporting or recordkeeping permit terms or conditions shall
				follow significant revision procedures.
B. A source with a Class II permit shall make
				the following changes only after the permit is revised following the public
				participation requirements of
				R18-2-330:
1. Establishing or revising a voluntarily
				accepted emission limitation or standard as described by
				R18-2-306.01
				or
				R18-2-306.02,
				except a decrease in the limitation authorized by
				R18-2-319(B)(5);
2. Making any change in fuel not authorized
				by the permit and that is not fuel oil or coal, to natural gas or
				propane;
3. A change that is a
				minor NSR modification subject to
				R18-2-334;
4. A change that relaxes monitoring,
				recordkeeping, or reporting requirements, except when the change results from:
a. Removing equipment that results in a
				permanent decrease in actual emissions, if the source keeps onsite records of
				the change in a log that satisfies Appendix 3 of this Chapter and if the
				requirements that are relaxed are present in the permit solely for the
				equipment that was removed; or
b. A
				change in an applicable requirement.
5. A change that will cause the source to
				violate an existing applicable requirement including the conditions
				establishing an emissions cap;
6. A
				change that will require any of the following:
a. A case-by-case determination of an
				emission limitation or other standard;
b. A source-specific determination of ambient
				impacts, or an analysis of impacts on visibility or maximum allowable increases
				allowed under
				R18-2-218;
				or
c. A case-by-case determination
				of a monitoring, recordkeeping, and reporting requirement.
7. A change that requires the source to
				obtain a Class I permit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-321 - Permit Reopenings; Revocation and Reissuance; Termination

Current through Register Vol. 30, No. 28, July 12, 2024
A. Reopening for
				Cause.
1. Each issued permit shall include
				provisions specifying the conditions under which the permit shall be reopened
				prior to the expiration of the permit. A permit shall be reopened and revised
				under any of the following circumstances:
a.
				Additional applicable requirements under the Act become applicable to a major
				source with a remaining permit term of three or more years. Such a reopening
				shall be completed not later than 18 months after promulgation of the
				applicable requirement. No such reopening is required if the effective date of
				the requirement is later than the date on which the permit is due to expire,
				unless the original permit or any of its terms and conditions has been extended
				pursuant to
				R18-2-322(B).
				Any permit revision required pursuant to this subsection shall comply with
				provisions in
				R18-2-322
				for permit renewal and shall reset the five-year permit term.
b. Additional requirements, including excess
				emissions requirements, become applicable to an affected source under the acid
				rain program. Upon approval by the Administrator, excess emissions offset plans
				shall be deemed to be incorporated into the Class I permit.
c. The Director or the Administrator
				determines that the permit contains a material mistake or that inaccurate
				statements were made in establishing the emissions standards or other terms or
				conditions of the permit.
d. The
				Director or the Administrator determines that the permit needs to be revised or
				revoked to assure compliance with the applicable requirements.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-322 - Permit Renewal and Expiration

Current through Register Vol. 30, No. 28, July 12, 2024
A. A permit being renewed is subject to the
				same procedural requirements, including any for public participation and
				affected states and Administrator review, that would apply to that permit's
				initial issuance.
B. Except as
				provided in
				R18-2-303(A),
				permit expiration terminates the source's right to operate unless a timely
				application for renewal that is sufficient under A.R.S. §
									41-1064
				has been submitted in accordance with
				R18-2-304.
				Any testing that is required for renewal shall be completed before the proposed
				permit is issued by the Director.
C. The Director shall act on an application
				for a permit renewal within the same time-frames as on an initial
				permit.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-323 - Permit Transfers

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except
				as provided in A.R.S. §
									49-429
				and subsection (B), a Class I or II permit may be transferred to another person
				if the person who holds the permit gives notice to the Director in writing at
				least 30 days before the proposed transfer. The notice shall contain the
				following:
1. The permit number and
				expiration date;
2. The name,
				address, and telephone number of the current permit holder;
3. The name, address and telephone number of
				the person to receive the permit;
4. The name and title of the individual
				within the organization who is accepting responsibility for the permit along
				with a signed statement by that person indicating such acceptance;
5. A description of the equipment to be
				transferred;
6. A written agreement
				containing a specific date for transfer of permit responsibility, coverage, and
				liability between the current and new permittee;
7. Provisions for the payment of any fees
				pursuant to
				R18-2-326
				or
				R18-2-501 that will
				be due and payable before the effective date of transfer;
8. Sufficient information about the source's
				technical and financial capabilities of operating the source to allow the
				Director to make the decision in subsection (B) including:
a. The qualifications of each person
				principally responsible for the operation of the source;
b. A statement by the chief financial officer
				of the new permittee that it is financially capable of operating the facility
				in compliance with the law, and the information that provides the basis for
				that statement;
c. A brief
				description of any action for the enforcement of any federal or state law, or
				any county, city, or local government ordinance relating to the protection of
				the environment, instituted against any person employed by the new permittee
				and principally responsible for operating the facility during the five years
				preceding the date of application. In lieu of this description, the new
				permittee may submit a copy of the certificate of disclosure or 10-K form
				required under A.R.S. §
											49-109,
				or a statement that this information has been filed in compliance with A.R.S.
				§
											49-109.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-324 - Portable Sources

Current through Register Vol. 30, No. 28, July 12, 2024
A. A portable
				source that will operate for the duration of its permit solely in one county
				that has established a local air pollution control program pursuant to A.R.S.
				§
									49-479
				shall obtain a permit from that county. A portable source with a county permit
				shall not operate in any other county. A portable source that has a permit
				issued by the Director and obtains a county permit shall request that the
				Director terminate the permit. Upon issuance of the county permit, the permit
				issued by the Director is no longer valid.
B. A portable source which has a county
				permit but proposes to operate outside that county shall obtain a permit from
				the Director. A portable source that has a permit issued by a county and
				obtains a permit issued by the Director shall request that the county terminate
				the permit. Upon issuance of a permit by the Director, the county permit is no
				longer valid. Before commencing operation in the new county, the source shall
				notify the Director and the control officer who has jurisdiction in the county
				that includes the new location according to subsection (C).
C. A portable source may
				be transferred from one location to another provided that the owner or operator
				of such equipment notifies the Director and any control officer who has
				jurisdiction over the geographic area that includes the new location of the
				transfer prior to the transfer. The notification required under this subsection
				shall include:
1. A description of the
				equipment to be transferred including the permit number for such
				equipment;
2. A description of the
				present location;
3. A description
				of the new location;
4. The date on
				which the equipment is to be moved; and
5. The date on which operation of the
				equipment will begin at the new location.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-325 - Permit Shields

Current through Register Vol. 30, No. 28, July 12, 2024
A. Each Class I
				or II permit issued under this Chapter shall specifically identify all federal,
				state, and local air pollution control requirements applicable to the source at
				the time the permit is issued. The permit shall state that compliance with the
				conditions of the permit shall be deemed compliance with any applicable
				requirement as of the date of permit issuance, provided that such applicable
				requirements are included and expressly identified in the permit. The Director
				may include in a permit determinations that other requirements specifically
				identified are not applicable. Any permit under this Chapter that does not
				expressly state that a permit shield exists shall not provide such a
				shield.
B. Nothing in this Section
				or in any permit shall alter or affect the following:
1. The provisions of Section 303 of the Act
				(emergency orders), including the authority of the Administrator under that
				Section;
2. The liability of an
				owner or operator of a source for any violation of applicable requirements
				prior to or at the time of permit issuance;
3. The applicable requirements of the acid
				rain program, consistent with Section 408(a) of the Act;
4. The ability of the Administrator or the
				Director to obtain information from a source pursuant to Section 114 of the
				Act, or any provision of state law;
5. The authority of the Director to require
				compliance with new applicable requirements adopted after the permit is
				issued.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-326 - Fees Related to Individual Permits

Current through Register Vol. 30, No. 28, July 12, 2024
A. Source Categories. The owner or operator
				of a source required to have an air quality permit from the Director shall pay
				the fees described in this Section unless authorized to operate under a general
				permit issued under Article 5. The fees are based on a source being classified
				in one of the following three categories:
1.
				Class I Title V sources are those required or that elect to have a permit under
				R18-2-302(B)(1).
2. Class II Title
				V sources are those required to have a permit under
				R18-2-302(B)(2)
				and that are subject to new source performance standards or national emission
				standards for hazardous air pollutants.
3. Class II Non-Title V sources are those
				required to have a permit under R18-2-302(B)(2) and that are not subject to new
				source performance standards or national emission standards for hazardous air
				pollutants.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-327 - Emissions Inventory Questionnaire and Emissions Statement

Current through Register Vol. 30, No. 28, July 12, 2024
A. Emissions
				Inventory Questionnaire Requirements
1. Every
				source subject to permit requirements under this Chapter shall complete and
				submit to the Director an emissions inventory questionnaire as follows:
a. Sources Requiring a Class I Permit under
				R18-2-302(B).
				Sources requiring a Class I permit under
				R18-2-302(B)
				shall complete and submit to the Director an emissions inventory questionnaire
				no later than June 1 of each year.
b. Sources Requiring a Class II Permit under
				R18-2-302(B)
i. Sources
				requiring a Class II permit under
				R18-2-302(B)
				shall complete and submit to the Director an emissions inventory questionnaire
				no later than June 1 every three years beginning June 1, 2021.
ii. At the Director's request, sources
				requiring a Class II permit under
				R18-2-302(B)
				may be required to complete and submit emissions inventory questionnaires in
				addition to the triennial emissions inventory questionnaire required under
				subsection (A)(1)(b)(i). The Director shall notify the owner or operator of the
				source in writing of the decision to require additional emissions inventory
				questionnaires.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-328 - Conditional Orders

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director
				may grant to any person a conditional order for each air pollution source which
				allows such person to vary from any provision of A.R.S. Title 49, Chapter 3,
				Article 2, or this Chapter, for any non-federally enforceable requirement of a
				permit issued pursuant to this Chapter if the Director makes each of the
				following findings:
1. Issuance of the
				conditional order will not endanger public health or the environment, impede
				attainment or maintenance of the national ambient air quality standards, or
				constitute a violation of the Act; and
2. Either of the following is true:
a. There has been a breakdown of equipment or
				upset of operations beyond the control of the petitioner which causes the
				source to be out of compliance with the requirements of this Chapter; the
				source was in compliance with the requirements of this Chapter before the
				breakdown or upset, and the breakdown or upset may be corrected within a
				reasonable time;
b. There is no
				reasonable relationship between the economic and social cost of, and benefits
				to be obtained from, achieving compliance.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-329 - Permits Containing the Terms and Conditions of Federal Delayed Compliance Orders (DCO) or Consent Decrees

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				The terms and conditions of either a delayed compliance order (DCO) or consent
				decree shall be incorporated into a permit through a permit revision. In the
				event the permit expires prior to the expiration of the DCO or consent decree,
				the DCO or consent decree shall be incorporated into any permit
				renewal.
B. The owner or operator
				of a source subject to a DCO or consent decree shall submit to the Director a
				quarterly report of the status of the source and construction progress and
				copies of any reports to the Administrator required under the order or decree.
				The Director may require additional reporting requirements and conditions in
				permits issued under this Article.
C. For the purpose of this Chapter, sources
				subject to a consent decree issued by a federal court shall meet the same
				requirements as those subject to a DCO.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-330 - Public Participation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director shall provide public notice, an opportunity for public comment, and an
				opportunity for a hearing before taking any of the following actions:
1. The issuance or denial of a permit or
				permit renewal,
2. The issuance or
				denial of a significant permit revision,
3. The revocation and reissuance or reopening
				of a permit,
4. The grant of any
				conditional orders pursuant to
				R18-2-328,
5. The issuance or denial of a registration
				for the construction of a source, except as provided in
				R18-2-302.01(B)(5).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-331 - Material Permit Conditions

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				For the purposes of A.R.S. §§
									49-464(G)
				 and
				49-514(G),
				a "material permit condition" shall mean a condition which satisfies all of the
				following:
1. The condition is in a permit or
				permit revision issued by the Director or a control officer after November 15,
				1993.
2. The condition is
				identified within the permit as a material permit condition.
3. The condition is one of the following:
a. An enforceable emission standard imposed
				to avoid classification as a major modification or major source or to avoid
				triggering any other applicable requirement;
b. A requirement to install, operate, or
				maintain a maximum achievable control technology or hazardous air pollutant
				reasonably available control technology required under Article 17 of this
				Chapter;
c. A requirement for the
				installation or certification of a monitoring device;
d. A requirement for the installation of air
				pollution control equipment;
e. A
				requirement for the operation of air pollution control equipment;
f. An opacity standard required by Section
				111 or Title I, Part C or D of the Act.
4. Violation of the condition is not covered
				by A.R.S. §
										49-464(A)
				through (F), or (H) through (J) or A.R.S.
				§
										49-514(A)
				through (F), or (H) through (J).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-332 - Stack Height Limitation

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				degree of emission limitation required of any source for control of any
				pollutant shall not be affected by so much of the source's stack height that
				exceeds good engineering practice or by any other dispersion technique, except
				as provided in subsection (B). This section does not require the plan to
				restrict, in any manner, the actual stack height of any source.
B.
				Subsection (A) shall not apply to:
1.
Stacks in existence, or
				  dispersion techniques implemented, on or before December 31, 1970, unless the
				  stationary source or emission unit emitting pollutants through the stack, or
				  employing the dispersion technique, was constructed, reconstructed or underwent
				  a major modification after December 31, 1970; or
2.
				Coal-fired steam electric generating units, subject to the provisions of
				Section 118 of the Act which commenced operation before July 1, 1957, with
				stacks constructed under a construction contract awarded before February 8,
				1974.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-333 - Acid Rain

Current through Register Vol. 30, No. 28, July 12, 2024
A.
									40 CFR
				72,
				74,
				75
				and
									76 and all accompanying
				appendices, adopted as of June 28, 2013, (and no future amendments) are
				incorporated by reference as applicable requirements. These standards are on
				file with the Department and shall be applied by the Department. These
				standards can be obtained from the U.S. Government Printing Office,
				Superintendent of Documents, bookstore.gpo.gov, Mail Stop: SSOP IDCC-SSOM,
				Washington, D.C. 20402-9328.
B.
				When used in 40 CFR
				72,
				74,
				75
				or
									76, "Permitting Authority" means
				the Arizona Department of Environmental Quality and "Administrator" means the
				Administrator of the United States Environmental Protection Agency.
C. If the provisions or requirements of the
				regulations incorporated in this Section conflict with any of the remaining
				portions of this Title, the regulations incorporated in this Section apply and
				take precedence.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 3 - PERMITS AND PERMIT REVISIONS › Section R18-2-334 - Minor New Source Review

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Applicability.
1. Except as provided in
				subsection (A)(4), this Section shall apply to the following activities:
a. Construction of any new Class I or Class
				II source, including the construction of any source requiring a Class II permit
				under
				R18-2-302.01(C)(4);
				or
b. Any minor NSR modification to
				a Class I or Class II source.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 4 - PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES › Section R18-2-401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
The following definitions apply to this Article:
1. "Adverse impact on visibility" means
				visibility impairment that interferes with the management, protection,
				preservation, or enjoyment of the visitor's visual experience of a federal
				Class I area, as determined according to
				R18-2-410.
				This determination must be made on a case-by-case basis taking into account the
				geographic extent, intensity, duration, frequency and time of visibility
				impairments, and how these factors correlate with times of visitor use of the
				federal Class I area and the frequency and timing of natural conditions that
				reduce visibility. This term does not include effects on integral vistas.
2. "Baseline actual emissions"
				means the rate of emissions, in tons per year, of a regulated NSR pollutant, as
				determined in accordance with subsections (2)(a) through (d).
a. For any existing electric utility steam
				generating unit, baseline actual emissions means the average rate, in tons per
				year, at which the unit actually emitted the pollutant during any consecutive
				24-month period selected by the owner or operator within the five-year period
				immediately preceding when the owner or operator begins actual construction of
				the project. The Director shall allow the use of a different time period upon a
				determination that it is more representative of normal source operation.
i. The average rate shall include fugitive
				emissions to the extent quantifiable, and emissions associated with startups,
				shutdowns, and malfunctions.
ii.
				The average rate shall be adjusted downward to exclude any non-compliant
				emissions that occurred while the source was operating above any emission
				limitation that was legally enforceable during the consecutive 24-month
				period.
iii. For a regulated NSR
				pollutant, when a project involves multiple emissions units, only one
				consecutive 24-month period must be used to determine the baseline actual
				emissions for the emissions units being changed. A different consecutive
				24-month period can be used for each regulated NSR pollutant.
iv. The average rate shall not be based on
				any consecutive 24-month period for which there is inadequate information for
				determining annual emissions, in tons per year, and for adjusting this amount
				if required by subsection (2)(a)(ii).
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 4 - PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES › Section R18-2-403 - Permits for Sources Located in Nonattainment Areas

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as provided in subsections (C)
				through (G) below, no permit or permit revision shall be issued under this
				Article to a person proposing to construct a new major source or make a major
				modification that is major for the pollutant for which the area is designated
				nonattainment unless:
1. The person
				demonstrates that the new major source or the major modification will meet an
				emission limitation which is the lowest achievable emission rate (LAER) for
				that source for that regulated NSR pollutant.
2. The person demonstrates that all existing
				major sources owned or operated by that person (or any entity controlling,
				controlled by, or under common control with that person) in the state are in
				compliance with, or on a schedule of compliance for, all conditions contained
				in permits of each of the sources and all other applicable emission limitations
				and standards under the Act and this Chapter.
3. The person demonstrates that emission
				reductions for the specific pollutant(s) from source(s) in existence in the
				allowable offset area of the new major source or major modification (whether or
				not under the same ownership) meet the offset requirements of
				R18-2-404.
4. The Administrator has not determined that
				the applicable implementation plan is not being adequately implemented for the
				non-attainment area in which the proposed source is to be constructed or
				modified in accordance with the requirements in this Section.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 4 - PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES › Section R18-2-404 - Offset Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. Increased
				emissions by a major source or major modification subject to
				R18-2-403
				of each pollutant for which the area has been des- ignated as nonattainment and
				for which the source or modification is classified as major shall be offset by
				real reductions in the actual emissions of the pollutant. Offsets shall be for
				the same regulated NSR Pollutant. Except as provided in
				R18-2-405
				and subsection (J), the ratio of the total actual reductions to the emissions
				increase shall be at least 1 to 1.
B. Except as provided in subsection (B)(1) or
				(2), for sources and modifications subject to this Section, the baseline for
				determining credit for emissions reductions is the emissions limit for the
				source generating the offset credit under the applicable implementation plan in
				effect at the time the application for a permit or permit revision is filed.
1. The offset baseline shall be the actual
				emissions of the source from which offset credit is obtained where either of
				the following conditions is satisfied:
a. The
				demonstration of reasonable further progress and attainment of ambient air
				quality standards is based upon the actual emissions of sources located within
				a designated nonattainment area for which the preconstruction review program
				was adopted.
b. The applicable
				implementation plan does not contain an emissions limitation for that source or
				source category.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 4 - PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES › Section R18-2-407 - Air Quality Impact Analysis and Monitoring Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any application for a permit or permit
				revision under
				R18-2-406
				to construct a new major source or major modification to a major source shall
				contain an analysis of ambient air quality in the area that the new major
				source or major modification would affect for each of the following pollutants:
1. For the new source, each pollutant that it
				would have the potential to emit in a significant amount;
2. For the modification, each pollutant for
				which it would result in a significant net emissions increase.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 4 - PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES › Section R18-2-408 - Innovative Control Technology

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Notwithstanding the provisions of
				R18-2-406(A)(1)
				through (3), the owner or operator of a
				proposed new major source or major modification may request that the Director
				approve a system of innovative control technology rather than the best
				available control technology requirements otherwise applicable to the new
				source or modification.
B. The
				Director shall approve the installation of a system of innovative control
				technology if the following conditions are met:
1. The owner or operator of the proposed
				source or modification satisfactorily demonstrates that the proposed control
				system would not cause or contribute to an unreasonable risk to public health,
				welfare, or safety in its operation or function;
2. The owner or operator agrees to achieve a
				level of continuous emissions reduction equivalent to that which would have
				been required under
				R18-2-406(A)(1)
				or (2) by a date specified in the permit or
				permit revision under this Article for the source. Such date shall not be later
				than four years from the time of start-up or seven years from the issuance of a
				permit or permit revision under this Article;
3. The source or modification would meet
				requirements equivalent to those in
				R18-2-406(A)
				based on the emissions rate that the stationary source employing the system of
				innovative control technology would be required to meet on the date specified
				in the permit or permit revision under this Article.
4. Before the date specified in the permit or
				permit revision under this Article, the source or modification would not:
a. Cause or contribute to any violation of an
				applicable national ambient air quality standard; or
b. Impact any area where an applicable
				maximum increase allowed under
				R18-2-208 is
				known to be violated.
5.
				All other applicable requirements including those for public participation have
				been met.
6. The Director receives
				the consent of the governors of other affected states.
7. The requirements of
				R18-2-410
				for federal Class I areas will be met for all periods during the life of the
				source or modification.
Arizona Administrative Code › Title 18 - ENVIRONMENTAL QUALITY › Chapter 2 - DEPARTMENT OF ENVIRONMENTAL - QUALITY AIR POLLUTION CONTROL › Article 4 - PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES › Section R18-2-409 - Air Quality Models

Current through Register Vol. 30, No. 28, July 12, 2024
A. Where the
				Director requires a person requesting a permit or permit revision under this
				Article to perform air quality impact modeling to obtain such permit or permit
				revision under this Article, the modeling shall be performed in a manner
				consistent with the Guideline specified in
				R18-2-406(A)(6)(a).
B. Where the person requesting a permit or
				permit revision under this Article can demonstrate that an air quality impact
				model specified in the Guideline is inappropriate, the model may be modified or
				another model substituted. However, before such modification or substitution
				can occur, the Director shall make a written finding that:
1. No model in the Guideline is appropriate
				for a particular permit or permit revision under this Article under
				consideration, or
2. The data base
				required for the appropriate model in the Guideline is not available,
				and
3. The model proposed as a
				substitute or modification is likely to produce results equal or superior to
				those obtained by models in the Guideline, and
4. The model proposed as a substitute or
				modification has been approved by the Administrator.