Chapter 2. DEPARTMENT OF ENVIRONMENTAL QUALITY - AIR POLLUTION CONTROL

Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-218 repealed, new Section R9-3-218 adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-218 renumbered without change as Section R18-2-218 (Supp. 87-3). Former Section R18-2-219 ren…

A. Procedures shall be implemented by the Director in order to prevent the occurrence of ambient air pollutant concentrations which would cause significant harm to the health of persons, as specified in subsection (B)(4). The procedures and actions required for each stage are des…

The following definitions apply to this Article: 1. “Alternative method” means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to produce results adequate for the Director’s determination of c…

A. Except as otherwise provided in this Article, no person shall begin actual construction of, operate, or make a modification to any stationary source subject to regulation under this Article, without obtaining a registration, permit or permit revision from the Director. B. Clas…

A. Application. An application for registration shall be submitted on the form specified by the Director and shall include the following information: 1. The name of the applicant. 2. The physical location of the source, including the street address, city, county, zip code and lat…

A. An installation or operating permit issued before September 1, 1993, and the authority to operate, as provided in Laws 1992, Ch. 299, § 65, continues in effect until the installation or operating permit is terminated, or until the Director issues or denies a Class I or Class I…

A. Unless otherwise noted, this Section applies to each source requiring a Class I or II permit or permit revision. B. Standard Application Form and Required Information. To apply for a permit required by this Chapter, applicants shall complete the applicable standard application…

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

A. 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 a…

A. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoid classification as a source that requires a …

A. An applicant may, in its application for a new permit, renewal of an existing permit, or as a significant permit revision, request an emissions cap for a particular pollutant expressed in tons per year as determined on a 12-month rolling average, or any shorter averaging time …

A. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other requirements in order to avoid interfering with attainment or maintenance of a NAAQS, to avoid impairing visibility, to comply with any other requirement of…

A. Except as provided in R18-2-304(G) and as waived by the Administrator, for each Class I permit, a copy of each of the following shall be provided to the Administrator as follows: 1. The applicant shall provide a complete copy of the application including any attachments, compl…

Wherever applicable requirements apply different standards or limitations to a source for the same item, all applicable requirements shall be included in the permit. Historical Note Adopted effective August 7, 1975 (Supp. 75-1). Former Section R9-3-308 repealed, new Section R9-3-…

All permits shall contain the following elements with respect to compliance: 1. The elements required by R18-2-306(A)(3), (4), and (5). 2. Requirements for certifications of compliance with terms and conditions contained in the permit, including emissions limitations, standards, …

A. Applicability. This rule establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies to all emission standards or limitations except for standards or limitations: 1. Promulgated pursuant to Sections 111 or 112 of the Act, …

A. The owner or operator of any source shall report to the Director any emissions in excess of the limits established by this Chapter or the applicable permit. The report shall be in two parts as specified below: 1. Notification by telephone, facsimile, or electronic means within…

A. Except as otherwise specified in this Chapter, the applicable procedures and testing methods contained in the Arizona Testing Manual; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C shall be used to determine compliance with …

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 an…

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 applicab…

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 sub…

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 clearl…

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 und…

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 n…

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 cha…

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 subsections (B) or (C), a change at a Class II source shall not be subject to revisio…

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,…

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 …

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 th…

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. 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 applicab…

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 t…

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 followin…

A. A portable source that will operate for the five-year period 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 opera…

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 …

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 classifie…

Historical Note New Section made by exempt rulemaking at 16 A.A.R. 844, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 613, effective February 14, 2017(Supp. 17-1).

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 requiri…

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 th…

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 incorpo…

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…

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 cond…

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 d…

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 c…

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 mino…

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-…

A. The preconstruction review requirements of this Article shall apply to the construction of any new major source or any project at an existing major source. B. The requirements of R18-2-403 through R18-2-410 apply to the construction of any new major source or any major modific…

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 nonattai…

A. Increased emissions by a major source or major modification subject to R18-2-403 of each pollutant for which the area has been designated as nonattainment and for which the source or modification is classified as major shall be offset by real reductions in the actual emissions…

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or nitrogen oxides in ozone nonattainment areas classified as serious or severe. Unless otherwise provided in this Section, all requirements of Articles 3 and 4 of this Chapter apply. B. “Sig…