MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS January 2011 MARICOPA COUNTY AIR QUALITY DEPARTMENT PLANNING & ANALYSIS DIVISION 1001 North Central Avenue, Suite 595 Phoenix, Arizona 85004 (602) 506-0169 Maricopa County Air Quality Department Air Pollution Control Regulations PREFACE STATUTORY BASIS These regulations constitute the legal basis for control of air pollution sources in Maricopa County, Arizona. They are adopted to implement the policy set forth in Title 49 of the Arizona Revised Statutes and to fulfill the State's responsibilities under the Federal Clean Air Act and its amendments to provide a legally enforceable State Implementation Plan for the attainment and maintenance of the National Ambient Air Quality Standards. This printing of the regulations incorporates changes adopted by the Maricopa County Board of Supervisors through January 2011. The revision date and/or adoption date is noted in the Table of Contents and on the first page of text of each rule. ORGANIZATIONAL STRUCTURE AND NUMBERING OF RULES In order to facilitate the use of the regulations, rules are organized into five sections that are consistent throughout the regulations. A numbering series designates the same section in each rule as follows: SECTION 100 – GENERAL SECTION 200 – DEFINITIONS SECTION 300 – STANDARDS SECTION 400 – ADMINISTRATIVE REQUIREMENTS SECTION 500 – MONITORING AND RECORDS The contents of each section are presented in an index that precedes each rule. Not all of the five sections are applicable to every rule, so only the relevant sections will be found in some rules. When a category does not pertain to a rule, the section and number series will appear in the index followed by the words "not applicable." REGULATORY REFORM The Maricopa County Air Quality Department has an ongoing program of regulatory review to evaluate the regulations for need, effectiveness, enforceability, clarity, simplicity and consistency with other statutory provisions. Users of these regulations are encouraged to submit any comments or suggestions to: Maricopa County Air Quality Department Planning & Analysis Division 1001 North Central Avenue, Suite #595 Phoenix, Arizona 85004 TABLE OF CONTENTS January 2011 DATE ADOPTED OR AMENDED RULE REGULATION I GENERAL PROVISIONS 100 GENERAL PROVISIONS AND DEFINITIONS 06/06/07 110 VIOLATIONS 02/15/95 120 CONDITIONAL ORDERS 11/15/93 130 EMERGENCY PROVISIONS 07/26/00 140 EXCESS EMISSIONS 09/05/01 REGULATION II PERMITS AND FEES 200 PERMIT REQUIREMENTS 03/26/08 201 EMISSIONS CAPS 07/26/00 204 EMISSION REDUCTION CREDITS FOR USE WITH THE ARIZONA EMISSIONS BANK 05/07/03 210 TITLE V PERMIT PROVISIONS 06/06/07 220 NON-TITLE V PERMIT PROVISIONS 06/06/07 230 GENERAL PERMITS 06/06/07 240 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES 06/06/07 241 PERMITS FOR NEW SOURCES AND MODIFICATIONS TO EXISTING SOURCES 06/19/96 242 EMISSION OFFSETS GENERATED BY THE VOLUNTARY PAVING OF UNPAVED ROADS 06/20/07 245 CONTINUOUS SOURCE EMISSION MONITORING 11/15/93 270 PERFORMANCE TESTS 11/15/93 280 FEES 05/26/10 REGULATION III CONTROL OF AIR CONTAMINANTS 300 VISIBLE EMISSIONS 03/12/08 310 FUGITIVE DUST FROM DUST-GENERATING OPERATIONS 01/27/10 310.01 FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST 01/27/10 311 PARTICULATE MATTER FROM PROCESS INDUSTRIES 07/02/03 i TABLE OF CONTENTS (cont’d.) January 2011 DATE ADOPTED OR AMENDED RULE 312 ABRASIVE BLASTING 07/02/03 313 INCINERATORS, BURN-OFF OVENS, AND CREMATORIES 09/22/04 314 OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS 03/12/08 315 SPRAY COATING OPERATIONS 11/17/99 316 NONMETALLIC MINERAL PROCESSING 03/12/08 317 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS 07/07/10 318 APPROVAL OF RESIDENTIAL WOODBURNING DEVICES 04/21/99 319 GINNING OPERATIONS 11/19/03 320 ODORS AND GASEOUS AIR CONTAMINANTS 07/02/03 321 MUNICIPAL SOLID WASTE LANDFILLS 07/07/10 322 POWER PLANT OPERATIONS 10/17/07 323 FUEL BURNING EQUIPMENT FROM INDUSTRIAL / COMMERCIAL / INSTITUTIONAL (ICI) SOURCES 10/17/07 324 STATIONARY INTERNAL COMBUSTION (IC) ENGINES 10/17/07 325 BRICK AND STRUCTURAL CLAY PRODUCTS (BSCP) MANUFACTURING 08/10/05 330 VOLATILE ORGANIC COMPOUNDS 06/19/96 331 SOLVENT CLEANING 04/21/04 332 [RESCINDED] 11/20/96 333 PETROLEUM SOLVENT DRY CLEANING 06/19/96 334 RUBBER SPORTS BALL MANUFACTURING 06/19/96 335 ARCHITECTURAL COATINGS 07/13/88 336 SURFACE COATING OPERATIONS 04/07/99 337 GRAPHIC ARTS 01/12/11 338 SEMICONDUCTOR MANUFACTURING 04/21/99 339 VEGETABLE OIL EXTRACTION PROCESSES 11/16/92 340 CUTBACK AND EMULSIFIED ASPHALT 09/21/92 341 METAL INVESTMENT CASTING 12/16/98 342 COATING WOOD FURNITURE AND FIXTURES 11/20/96 343 COMMERCIAL BREAD BAKERIES 02/15/95 ii TABLE OF CONTENTS (cont.) January 2011 DATE ADOPTED OR AMENDED RULE 344 AUTOMOTIVE WINDSHIELD WASHER FLUID 04/07/99 345 VEHICLE AND MOBILE EQUIPMENT COATING 04/21/99 346 COATING WOOD MILLWORK 11/20/96 347 FERROUS SAND CASTING 03/04/98 348 AEROSPACE MANUFACTURING AND REWORK OPERATIONS 04/07/99 349 PHARMACEUTICAL, COSMETIC AND VITAMIN MANUFACTURING OPERATIONS 04/07/99 350 STORAGE OF ORGANIC LIQUIDS AT BULK PLANTS AND TERMINALS 04/06/92 351 LOADING OF ORGANIC LIQUIDS 02/15/95 352 GASOLINE DELIVERY VESSEL TESTING AND USE 05/05/99 353 GASOLINE IN STATIONARY DISPENSING TANKS 06/16/99 358 POLYSTYRENE FOAM OPERATIONS 04/20/05 360 NEW SOURCE PERFORMANCE STANDARDS 07/07/10 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM 07/07/10 371 ACID RAIN 07/07/10 372 MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM 06/06/07 REGULATION IV THE HEARING BOARD 400 PROCEDURE BEFORE THE HEARING BOARD 11/15/93 REGULATION V AIR QUALITY STANDARDS AND AREA CLASSIFICATION 500 ATTAINMENT AREA CLASSIFICATION 07/26/00 510 AIR QUALITY STANDARDS 11/01/06 REGULATION VI EMERGENCY EPISODES 600 EMERGENCY EPISODES 07/13/88 iii TABLE OF CONTENTS (cont.) January 2011 DATE ADOPTED OR AMENDED RULE ORDINANCES P–21 VEHICLE IDLING RESTRICTION ORDINANCE 06/26/02 P–25 LEAF BLOWER RESTRICTION ORDINANCE 02/20/08 P–26 RESIDENTIAL WOODBURNING RESTRICTION ORDINANCE 03/26/08 P–27 VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS 01/12/11 P–28 OFF-ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY 01/12/11 APPENDICES APPENDIX A FOSSIL FUEL-FIRED STEAM GENERATORS 07/13/88 APPENDIX B STANDARD PERMIT APPLICATION FORM AND FILING INSTRUCTIONS 06/06/07 APPENDIX C FUGITIVE DUST TEST METHODS 03/26/08 APPENDIX D LIST OF INSIGNIFICANT ACTIVITIES 08/22/01 APPENDIX E LIST OF TRIVIAL ACTIVITIES 08/22/01 APPENDIX F SOIL DESIGNATIONS 04/07/04 APPENDIX G INCORPORATED MATERIALS 07/07/10 APPENDIX H PROCEDURES FOR DETERMINING AMBIENT AIR CONCENTRATIONS FOR HAZARDOUS AIR POLLUTANTS 06/06/07 iv Return to Table of Contents 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 100.1 200.13 200.14 AMBIENT AIR AP-42 200.15 APPLICABLE IMPLEMENTATION PLAN 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 100.2 200.45 EQUIVALENT METHOD 200.46 EXCESS EMISSIONS 200.47 EXISTING SOURCE 200.48 FACILITY 200.59 FEDERAL APPLICABLE REQUIREMENT 200.50 FEDERAL LAND MANAGER 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 100.3 200.76 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 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 200.100S OLVENT-BORNE COATING MATERIAL 200.101S OURCE 200.102SPECIAL INSPECTION WARRANT 200.103STA NDARD CONDITIONS 200.104STATE IMPLEMENTATION PLAN (SIP) 200.105STA 200.106S TIONARY SOURCE YNTHETIC MINOR 100.4 200.107 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT 200.108 TITLE V 200.109TOTAL REDUCED SULFUR (TRS) 200.110 TRADE SECRETS 200.111TRIVIAL 200.112UNC ACTIVITY LASSIFIED AREA 200.113VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 AIR POLLUTION PROHIBITED 302 APPLICABILITY OF MULTIPLE RULES SECTION 400 - ADMINISTRATIVE REQUIREMENTS 4 01 402 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS 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 100.5 BLANK PAGE 100.6 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 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION I - GENERAL PROVISIONS RULE 100 GENERAL PROVISIONS AND DEFINITIONS SECTION 100 - GENERAL 101 DECLARATION OF INTENT: T he Mari copa County Air P ollution Control Regulations prevent, re duce, control, correct, or remove regulate d air po llutants originating w ithin t he te rritorial limits of Ma ricopa Co unty and c arry out t he mandates of Arizona Revised Statutes (ARS), Title 49-The Environment. 102 LEGAL AUTHORITY: The se rule s are adop ted unde r the autho rity granted b y ARS §49-479. 103 VALIDITY: If any section, subsection, clause, phrase, or provision of t hese rules is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion. 104 CIRCUMVENTION: A pers on sh all not bu ild, er ect, ins tall, or us e any article, machine, equipm ent, condi tion, or an y con trivance, th e us e of which, without resulting i n a reduction in the tot al re lease of reg ulated a ir pollutants to the atmosphere, conceals or dilutes an emission w hich woul d otherwi se constitute a violation of these rul es. No person shall circumvent these rules to dilute regulated air pollutants by using more e mission openings than is considered normal practi ce 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 an y provision of ARS relating to the emission or control prescribed pursuant thereto, may enter 100.7 every building, premises, or o ther place, except the interior of s tructures used as private residences. In the event that consent to enter for inspection purposes has been ref used or circumstances ju stify the failure to s eek s uch co nsent, special inspection w arrants m ay be issued by a m agistrate. E very person is g uilty of a petty offense under AR S §4 9-488 who in any way d enies, ob structs, or hampers such entrance or inspection that is lawfully authorized by warrant. 106 RIGHT OF INSPECTION OF RECORDS: Wh en the Contr ol Officer h as reasonable cause to believe that any person has violated or is in violation of any provision of th is r ule, an y ru le adopted under this ru le, or an y req uirement 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, o r stud ies w hich may rea sonably re late to co mpliance o r noncompliance with rules adopted under this rul e. No pers on shal l fai l nor refuse to produce al l exis ting documents required in s uch wri tten reques t by the Control Officer. 107 ADVISORY COUNCIL: An A dvisory C ouncil ap pointed by t he Boar d of Supervisors may advise and consu lt with the B oard of Su pervisors, th e 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 hear ing board knowledgeable in th e field of air poll ution. 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. Each member shall serve a term of three years. 109 ANTI-DEGRADATION: T he s tandards i n these r ules s hall n ot be construed as permitting t he preventable degr adation of air qu ality in any ar ea of Ma ricopa County. 110 AVAILABILITY OF POLLUTION INFORMATION: The public shall be informed on a daily basis of aver age dail y concen tration of thr ee poll utants: particulates, carbon monoxide, and ozone. This information shall be di sseminated through the use of ne wspapers, radio, and television. The levels of each poll utant shall be expressed thr ough th e use of the Air Quality Index ( AQI) an d a wr itten copy of such information shall be made available at the office of the Maricopa County Air Quality D epartment, 1001 Nor th Central Aven ue, Su ite 4 00, Phoenix, Arizona, 85004, 602-506-6010. 111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT: A report on the progress in impl ementation of n onattainment area plans shall be pr oduced by the D epartment e ach ye ar. Th e p rimary function of t he r eport is to r eview th e implementation s chedules for control meas ures and emission redu ction forecasts in the nonattainment area plans. The annual report will be ma de available to the public at t he offi ces of Maricopa Co unty Air Qual ity D epartment, 10 01 Nor th Central Avenue, Suite 400, Phoenix, Arizona, 85004, 602-506-6010. 100.8 112 AVAILABILITY OF INFORMATION: Copies of 40 CFR 5 1, Subpart A , Appendix A, Ta ble 2A are available at 10 01 Nor th Cen tral Avenue, Sui te 695, Ph oenix, Arizona, 85004, or call 602-506-6010 for information. SECTION 200 - DEFINITIONS: To a id in t he un derstanding o f these rules, t he fo llowing general definitions are provided. Additional definitions, as necessary, can be foun d in each rule of the Maricopa County Air Pollution Control Regulations. 200.1 AAC - Arizona Administrative Code. 200.2 ACT - T he Clean Air A ct of 19 63 (P.L. 88 -206; 42 Uni ted States C ode secti ons 7401 through 7 671), as am ended by th e Clean Ai r Act Am endments of 1 990 (P.L.101-549). 200.3 ACTUAL EMISSIONS - The actual rate of emissions of a pollut ant from an emissions u nit, as determined in S ection 200 .3(a) thr ough Section 2 00.3(e) of this rule: a. In gen eral, actual emi ssions as of a particular date shall equal th e average rate, i n tons per year, at which the emissions uni t actually emi tted th e pollutant during a 2 -year peri od tha t precedes the par ticular date and that i s representative of normal source operation. The Control Officer may allow the use of a di fferent ti me per iod upon a dem onstration th at 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 i s in adequate in formation to de termine act ual h istorical emi ssions, then the Control Officer may pr esume 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 uni t des cribed i n S ection 200 .3(e) of th is rul e that has n ot begu n normal operations on the particular date, actual emissions shall equal the unit’s potential to emit on that date. d. For an y emi ssions un it 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 u tility ste am ge nerating un it (o ther th an a new un it or t he replacement of an exi sting uni t), a ctual emiss ions of th e unit, foll owing the physical or opera tional ch ange, shall equa l th e representative actual annual emissions o f th e u nit, if th e so urce ow ner and/or op erator maintains and submits to the Contro l Of ficer o n an annual basis, fo r a period of five years from the da te the unit r esumes r egular oper ation, i nformation dem onstrating that the physical or operational change did not result in an emissions increase. 100.9 A longer period, not to exceed 10 years, may be required by the Control Officer, if th e Co ntrol Of ficer determines the longer period to be more representative of normal source post-change operations. 200.4 ADMINISTRATOR - Th e Administrator of t he U nited St ates En vironmental Protection Agency. 200.5 ADVISORY COUNCIL - The M aricopa C ounty A ir Pollution C ontrol 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 su bject to emissi on reduction r equirements or l imitations un der T itle I V-Acid Deposition Control of the Act. 200.8 AFFECTED STATE - A ny S tate w hose ai r qu ality ma y b e affect ed a nd th at 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, fum es, gases, sulfuric ac id m ist ae rosols, aerosol droplets, odo rs, 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 mo re air contaminants, or combinations thereof, in sufficient quantities, which either alone or i n conn ection w ith oth er s ubstances, by reason of their con centration and duration, are or tend to be i njurious to human, plant, or ani mal l ife, 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 an y w ay degr ades the q uality of t he a mbient a ir bel ow t he sta ndards established by the Board of Supervisors. 200.11 AIR POLLUTION CONTROL EQUIPMENT - Equipment used t o eli minate, 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 t he Federal Ha zardous A ir P ollutant Program as d escribed i n Rule 370 of these rules; or b. The applicable existing source performance standard as approved for the State Implementation Plan (SIP); or 100.10 c. The emi ssions ra te sp ecified i n any fede rally p romulgated r ule 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 A ir Pollutant Emission Factors ," as incorporated by reference in Appendix G of these rules. 200.15 APPLICABLE IMPLEMENTATION PLAN - Those provisions of th e State Implementation Pl an ( SIP) approved by th e A dministrator or a Federa l Implementation Plan (FIP) promulgated under Title I-Air Pollution Prevention And Control of the Act. 200.16 APPLICABLE REQUIREMENT following: Applicable requirement means a ny of t he a. Any federal applicable requirement as defined in Section 200.49 of this rule. b. Any o ther re quirement e stablished unde r the Mari copa County Air Pollution Control Regulations or ARS Title 49, Chapter 3, Articles 1, 3, 7, and 8. 200.17 APPROVED - App roved i n wr iting by the Ma ricopa County Air P ollution C ontrol Officer. 200.18 AREA SOURCE - Any stationary source that is not a maj or source. For purposes of these rules, the term "area source" shall not include motor vehicles or nonroad vehicles s ubject t o r egulation under Title II-Em ission St andards For Moving Sources of the Act. 200.19 ARS - Th e Ari zona Revised Statutes. Th e ti tles o f th e most frequently us ed ARS references in these rules are listed below: ARS §38-502(11) ARS Title 49 ARS Title 49, Chapter 3 ARS Title 49, Chapter 4 ARS §49-109 ARS §49-401 ARS §49-426 Public Officers An d Emp loyees, Conduct Of Off ice, Conflict Of Interest Of Off icers And Employees, Definitions, Substantial Interest The Environment The Environment, Air Quality The Environment, Solid Waste Management The Environment, Ge neral Prov isions, De partment Of Environmental Quality, Certificate Of D isclosure Of Violations; Definition; Remedies The Env ironment, Air Q uality, General Prov isions, Declaration Of Policy The Environment, Air Quality, State Air Pollution Control, Permits; Dut ies Of D irector; Exceptions; Applications; Objections; Fees 100.11 ARS §49-426.04 ARS §49-426.05 ARS §49-429 ARS §49-464 ARS §49-473 ARS §49-476.01 ARS §49-478 ARS §49-480 ARS §49-480.03 ARS §49-480.04 ARS §49-482 ARS §49-483 ARS §49-487 ARS §49-488 ARS §49-490 ARS §49-498 ARS §49-501 ARS §49-511 ARS §49-514 The Environment, Air Quality, State Air Pollution Control, State List Of Hazardous Air Pollutants The Environment, Air Quality, State Air Pollution Control, Designation Of Sources Of Hazardous Air Pollutants The Environment, Air Quality, State Air Pollution Control, Permit Transfers; Notice; Appeal The Environment, Air Quality, State Air Pollution Control, Violation; Classification; Penalties; Definition The Environment, Air Qu ality, County Ai r Pollution Control, Board Of Supervisors The E nvironment, Ai r Quali ty, County Air Pollution Control, Monitoring The Environment, Air Qu ality, County Ai r Pollution Control, Hearing Board The Environment, Air Qu ality, County Ai r Pollution Control, Permits; Fees The E nvironment, Ai r Quali ty, County Air Pollution Control, Federal Hazardous Air Pollutant Program; Date Specified By Administrator; Prohibition The E nvironment, Ai r Quali ty, County Air Pollution Control, County Program For Control Of Haza rdous Air Pollutants The Environment, Air Qu ality, County Ai r Pollution Control, Appeals To Hearing Board The Environment, Air Qu ality, County Ai r Pollution Control, Permit Transfers; Notice; Appeal The Environment, Air Qu ality, County Ai r Pollution Control, Classification An d Re porting; Confidentiality Of Records The Environment, Air Qu ality, County Ai r Pollution Control, Special Inspection Warrant The Environment, Air Qu ality, County Ai r Pollution Control, Hearings On Orders Of Abatement The Environment, Air Qu ality, County Ai r Pollution Control, Notice Of Hearing; Publication; Service The Environment, Air Qu ality, County Ai r Pollution Control, Unlawful Open Burning; Definition; Exceptions; Fine The Environment, Air Qu ality, County Ai r Pollution Control, Violations, Order Of Abatement The Environment, Air Qu ality, County Ai r Pollution Control, Violation; Classification; Definition 200.20 ASME - The American Society of Mechanical Engineers. 200.21 ASTM - The American Society for Testing and Materials. 100.12 200.22 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 o r less than na tional primary or secondary amb ient a ir quality standards for a particular pollutant or pollutants. 200.23 BEGIN ACTUAL CONSTRUCTION - I n ge neral, initiation of ph ysical o n-site construction acti vities on a n emissi ons u nit, which are of a per manent n ature. Such act ivities inc lude installation of building sup ports an d fo undations, laying of underground pipe work , a nd c onstruction of per manent storage s tructures. W ith respect to a change in method of operation, “begin actual construction” refers to those on-site activities, other than preparatory activities, which mark the i nitiation of the change. 200.24 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) - An emissions limitation, based on t he ma ximum d egree of r eduction for each pollutant, s ubject to regulation un der the Act , which wou ld be emit ted from an y p roposed st ationary source or m odification, which the Control Officer, on a case-by-case basis, taking into acco unt e nergy, en vironmental, a nd eco nomic imp acts and ot her costs, determines is a chievable for su ch s ource or m odification through a pplication of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination techniques for control of such pollutant. U nder no cir cumstances s hall BA CT 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 th e EPA approved St ate Implementation Plan (SIP)). If the Control Officer determines that technological or economic limitations on the app lication o f measure ment methodology to a particular emissi ons unit w ould m ake the imposition of an emissions standar d infeasible, a design, equi pment, work pr actice, oper ational standard, or combination thereof may be prescribed instead to satisfy the requirement for the application of B ACT. S uch s tandard sh all, to the de gree po ssible, set fo rth the emissions r eduction a chievable by impl ementation o f su ch design, eq uipment, work practice or op eration, and shall pr ovide fo r co mpliance by means which achieve equivalent results. 200.25 BRITISH THERMAL UNIT (BTU) - Th e q uantity of h eat requ ired to rais e t he temperature of one pound of water one degree Fahrenheit (°F) at 39.1°F. 200.26 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION - All the poll utantemitting 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 th e s ame per son or persons un der common co ntrol, ex cept t he activities of an y 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. 100.13 200.28 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE - Shall include, but not be limited to, circumstances where a violation resulted from a sudden and unavoidable b reakdown of the proce ss or the co ntrol equipment, re sulted from unavoidable con ditions during a s tartup or s hutdown, or r esulted fr om upset of operations. 200.29 CLEAN COAL TECHNOLOGY - Any technology, including technologies applied at the p re-combustion, comb ustion, or post -combustion stage, at a new or existing facility that will achieve signi ficant reducti ons in air emiss ions of sulfur dioxide or oxides of nitrogen ass ociated with th e ut ilization of coal in the gen eration of electricity or p rocess stea m th at was n ot in w idespread use a s of November 15, 1990. 200.30 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT - A pr oject usi ng funds a ppropriated u nder th e h eading “D epartment Of Energy-C lean C oal Technology”, up to a total amount of $2,50 0,000,000 for comm ercial demonstration of cl ean coal technology or simil ar pr ojects, fu nded through appropriations for th e Environmental Protection Agency. T he Fe deral contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project. 200.31 COMMENCE - As a pplied to construction of a m ajor source or a maj or modification, t hat the owne r and/or op erator has all nece ssary prec onstruction 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 a greements o r co ntractual ob ligations, wh ich cannot be canceled or modified without substantial loss to the owner and/or operator, to undertake a program of actual c onstruction o f the sou rce to b e completed within a reasonable time. 200.32 COMPLETE - In r eference to an a pplication for a permit, “complete” means that the application contains all th e i nformation necessary for proces sing th e application. Designating an application complete for purposes of permit processing does not p reclude the Cont rol Of ficer f rom requesting nor from acc epting any additional information. 200.33 CONSTRUCTION - Any physical change or change in the method of operation, including f abrication, erec tion, or installation, d emolition, o r modification of a n emissions unit, which would result in a change in actual emissions. 200.34 CONTROL OFFICER - The ex ecutive head o f th e d epartment au thorized or designated t o enforce air p ollution regulations, th e ex ecutive h ead o f an air pollution control district established under ARS §49-473, or the designated agent. 200.35 DEPARTMENT - The Maricopa County Air Quality Department. 100.14 200.36 DIRECTOR - The di rector of th e Arizona D epartment Of Environmental Quality (ADEQ). 200.37 DISCHARGE - The release or es cape of an e ffluent into the atmosphere from a source. 200.38 DIVISION - The Division no longer exists; consequently, all re ferences in these rules to Division refer to Department. 200.39 DUST GENERATING OPERATION - An y activity cap able of g enerating fu gitive dust, including but not limited to, land clearing, earthmoving, weed abatement by discing or b lading, exca vating, construction, d emolition, b ulk ma terial handling, storage and/or transporting operations, vehicle use and movement, the opera tion of any outdoor equipment, or un paved parking lots. For the purpose of this rule, landscape maintenance a nd pla ying on or m aintaining a fi eld used for nonmotorized sports shall not be consi dered a dus t genera ting opera tion. However, landscape maintenance shall n ot inclu de gr ading, trenching, or an y oth er 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 - A ny st eam 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 an y utility power di stribution sy stem fo r sale. Any s team supp lied t o a st eam distribution system, fo r t he pu rpose of providing ste am t o a st eam-electric generator t hat w ould produce electri cal en ergy for sa le, is als o consi dered i n determining the electrical energy output capacity of the affected facility. 200.42 EMISSION STANDARD - The definition of emission s tandard, as summarized from ARS §49-514(T) and ARS §49-464(V), is: A numeric limitation on the volume or concentration of air p ollutants in emissions from a source or a specific design, equipment, or w ork practice st andard, t he p urpose o f w hich is t o eliminate or reduce t he vo lume or concentration of po llutants emitted by a source. The term emission standard do es not include op acity sta ndards. Vi olations of emi ssion standards shall be determined i n th e m anner prescribed by the applicable regulations issued by the Administrator or the Director or the Control Officer. 200.43 EMISSIONS UNIT - Any part of a st ationary 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 m ethod of s ampling a nd an alyzing for an ai r pollutant, which has been demonstrated to the Administrator's satisfaction to have 100.15 a consistent and quantitatively known relationship to the reference method, under specified conditions. 200.46 EXCESS EMISSIONS - Emis sions 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 prio r to the effe ctive d ate of t his rule, o r a source o n which t he co nstruction o r modification has commence d and fo r which the Control Officer has granted a permit prior to the effective date of this rule; or b. When u sed in conjunction wit h a so urce sub ject to new so urce performa nce standards (NSPS), any source which does n ot have an applicable NSPS under Rule 360-New Source Performance Standards of these rules. 200.48 FACILITY - The defi nition of faci lity is incl uded in Sec tion 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 appl y to emissions units covered by a Title V permit or a Non-Title V permit (including requirements that hav e been pr omulgated or approved by the EP A throug h rulemaking at the time of issuance but have future effective compliance dates): a. Any standard or other requirement pr ovided for in the appli cable implementation plan a pproved or promulga ted by th e EPA through rulemaking under Title I-Air Pollution Prevention And Control of the Act th at implements the rel evant requirem ents of th e Act, inclu ding any revisio ns to that plan promulgated in 40 CFR 52. b. Any term or condi tion of any unitary permits issued under regulations approved or promul gated th rough rulemakin g under Titl e I-Air Poll ution Prevention And Control, including Parts C or D, of the Act. c. Any standa rd or ot her requirem ent un der Secti on 1 11-Standards Of Performance For New Stationary Sources of the Act, includes Section 111(d). d. Any stan dard or other requir ement un der S ection 1 12-National E mission Standards For Hazardous Air Pollutants of the Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Act. e. Any standar d or oth er r equirement of th e acid rain progr am under Tit le IVAcid Deposition Control of the Act or the regulations promulgated thereunder and incorporated under Rule 371-Acid Rain of these rules. 100.16 f. Any requirements established under Section 504(b)-Permit Requirements And Conditions or Section 114(a)(3) -Inspections, Monitoring, And Entry of th e Act. g. Any standard or other requirement governing solid waste i ncineration under Section 129-Solid Waste Combustion of the Act. h. Any stan dard or ot her r equirement for consumer an d commercial products pursuant to Section 183(e)-Federal Ozone Measures of the Act. i. Any sta ndard or other req uirement for tank vessels pu rsuant to S ection 183(f)-Federal Ozone Measures of the Act. j. Any standa rd or other requirement of the program to control air pol lution from outer continental shelf sources under S ection 328-Ai r Polluti on From Outer Continental Shelf Activities of the Act. k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone u nder 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 Par t C-Pre vention Of Sign ificant Det erioration Of Air Quality of Title I-Air Pollution Prevention And Control of the Act, but only as it would appl y to t emporary sources permi tted under Secti on 504 (e)-Permit Requirements And Conditions of the Act. 200.50 FEDERAL LAND MANAGER - With resp ect to any lands i n th e U nited Sta tes, 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 w hich have been spec ifically designated a s n ot fed erally enforceable; b. The requirements of operating permit programs and permits issued under such permit programs w hich ha ve been appr oved by th e A dministrator, including the r equirements of S tate and C ounty operating pe rmit prog rams app roved under Ti tle V-P ermits of th e A ct or under an y new source revi ew permit program; c. All lim itations and condi tions which are e nforceable by t he Ad ministrator, including the requirements of the New Source Performance Standards (NSPS) and the National Em issions Standards for Hazardous Air Pollutants (NESH APs) contained in these rules; 100.17 d. The requirements of such other State or County rule s or re gulations 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 pr ograms, wh ich have been a pproved by th e Administrator an d incorporated into the applicable Sta te I mplementation Plan (SIP) u nder th e criteria for federally enforceable State Operating Permit Programs set forth in 54, Fede ral Register 2 7274, da ted Ju ne 28, 198 9. Such requirements incl ude permit te rms an d conditions wh ich have been entered into vo luntarily by a source under this rule and/or under Rule 220-Non-Title V Permit Provisions of these rules. 200.52 FINAL PERMIT - The versi on of a permit issued by the Co ntrol Of ficer after completion of all review required by Maricopa Coun ty Air Pollution Control Regulations. 200.53 FUEL OIL - Number 2 through Number 6 fuel oils as specified in ASTM D-39690a-Specification For Fuel Oils, gas t urbine 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 N umbers 2-D a nd 4-D a s spec ified in AS TM D -975-90a-Specification Fo r 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 Co ntrol Officer, acting pursuant to §49-480.04(C), deter mines is reasonably available for a source. I n mak ing t he foregoing dete rmination, the Control Officer shall take into cons ideration the estimated actual air quality impact of the standard, the cost of comp lying with t he standard, the demo nstrated 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 de sign, e quipment, work pr actice, o r ope rational standard. 200.56 INDIAN GOVERNING BODY - The governing body of any tribe, band, or group of In dians subject t o th e jurisdiction of th e U nited States a nd recognized by the United States as possessing power of self-government. 200.57 INDIAN RESERVATION - A ny federally recognized r eservation est ablished b y Treaty, Agreement, Executive Order, or Act Of Congress. 100.18 200.58 INSIGNIFICANT ACTIVITY – For the pu rpose of this r ule, a n insi gnificant activity sh all be any a ctivity, p rocess, or emissions u nit t hat is not s ubject to a source-specific applicable requirement, that emits no more than 0.5 ton per year of h azardous air pol lutants (HA Ps) and no m ore than two tons per yea r of a regulated air pollutant, and that is either inc luded in Appendix D- List o f Insignificant Acti vities of these r ules or is approved as an insi gnificant a ctivity under Rule 2 00-Permit Requirements of t hese rules. Sou rce-specific applicable requirements include requirements for which emissions unit-specific information is needed to determine applicability. 200.59 MAJOR MODIFICATION - An y ph ysical ch ange or ch ange in the method of operation of a maj or s ource tha t would r esult in a si gnificant n et emissions increase of any regulated air pollutant. a. Any net emissions increas e that is significant fo r VOC s sha ll be considered significant for ozone. b. Any net emissi ons increase t hat is si gnificant fo r o xides of nitrogen shall be considered signi ficant for ozon e nonattainment areas cl assified as marginal, moderate, serious, or severe. c. For the p urposes of t his d efinition, the following shall not be co nsidered 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 reas on of an order under Sections 2 (a) and ( b) of th e E nergy Supply a nd En vironmental 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 Pre vent Eco nomic D isruption Or Une mployment 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 alt ernative fuel or ra w material by a stationary so urce th at either: (a) The sourc e was capable of acco mmodating before De cember 12 , 1976, unless th e ch ange w ould be prohibited u nder any federa lly enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Rule 200-Permit Requirements, Rule 210-Title V P ermit Prov isions, Ru le 2 40-Permits For Ne w M ajor Sources A nd Maj or Modifications T o Existing Major Sources, Rule 100.19 245-Continuous Sou rce Emissio n Mo nitoring, and Rule 270Performance Tests of these rules; or (b) The sour ce i s appr oved to us e u nder an y per mit issu ed u nder 4 0 CFR 52.21, or under R ule 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 th e 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 Ru le 2 00-Permit Req uirements, Ru le 2 10-Title V Permit Provisions, Rule 24 0-Permits For Ne w Major So urces And Major Modifications To Exis ting Maj or Sou rces, Ru le 2 45-Continuous S ource Emission Monitoring, and Rule 270-Performance Tests of these rules; (7) Any change in ownership at a stationary source; (8) The addi tion, r eplacement, or us e of a poll ution control proj ect 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 th e C ontrol Offi cer has r eason to beli eve that the polluti on control pro ject wo uld result in a si gnificant ne t increase i n representative actual annual emissions of any criteria pollutant over levels us ed for th at source in th e mos t recent Title I air qu ality impact analysis in the area, if any, and (b) The C ontrol Of ficer d etermines that t he i ncrease wi ll ca use o r contribute to a violation of a ny na tional a mbient ai r qual ity standard, pr evention of signi ficant deterioration (PS D) increment, or visibility limitation; (9) The installation, operation, cessation, or r emoval of a temporary clean coal technology demonstration project, if the project complies with: (a)The State Implementation Plan (SIP); and (b) Other re quirements necessary to attain and mai ntain the national ambient ai r qua lity s tandards duri ng the proj ect and a fter i t i s terminated; 100.20 (10) For electric utility ste am g enerating u nits loc ated in att ainment and unclassified areas onl y, th e installation or opera tion of a permanent clean coal tech nology dem onstration pr oject 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 ste am g enerating u nits loc ated in att ainment and unclassified areas only, the r eactivation of a ver y clean coal -fired electric utility steam generating unit. 200.60 MAJOR SOURCE a. A ma jor so urce as de fined in Rule 240-Permits For New M ajor S ources 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 oth er th an ra dionuclides, an y s tationary s ource th at emits or has the potential to emit, in the aggregate, including fugitive emissions, 10 tons per year ( tpy) or mor e of any hazardous ai r pollutant which has been listed under Section 112(b) of the Act, 25 tpy or more of an y com bination of such hazardous air pollutants, or su ch lesser quantity as des cribed in Ti tle 18-Environmental Quality, Chapter 2-Department Of Environmental Quality Air Pollution Control, Article 11Federal Ha zardous Air Pollutants of the Ar izona Admi nistrative Code. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or pr oduction well (wi th its ass ociated equi pment) an d emissions from any pipeli ne compressor or pu mp sta tion shall n ot be aggregated with emissions fro m other simila r units, whet her or not such units ar e in a contiguous ar ea or un der common con trol, 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 ma jor source of fu gitive emissions of any s uch p ollutant. 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. 100.21 Primary zinc smelters. Iron and steel mills. Primary aluminum ore reduction plants. Primary copper smelters. Municipal inc inerators capable of ch arging mo re than 50 to ns of ref use 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 an d tr ansfer un its with a total storage capa city ex ceeding 300,000 barrels. Taconite ore processing plants. Glass fiber processing plants. Charcoal production plants. Fossil fuel -fired s team electric plants of more than 250 m illion BTU per hour rated heat input. Any other st ationary sou rce cat egory wh ich, as o f Aug ust 7, 19 80, is b eing regulated un der S ection 111-Standards O f Performance Fo r Ne w Stationary Sources of th e A ct or under S ection 112-National E mission Standards For Hazardous Air Pollutants of the Act. 200.61 MAJOR SOURCE THRESHOLD – T he lo west a pplicable 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 an d un avoidable fail ure of air pollu tion con trol equipment, process, or pr ocess equipm ent to operate in a n ormal and usual manner. Failures that are caused by poor maintenance, careless operation, or any other upset condition or equipment breakdown which could have been pr evented by the exercise of reasonable care shall not be considered malfunctions. 200.63 MATERIAL PERMIT CONDITION a. For the pur poses of AR S §49 -464(G) an d ARS §4 9-514(G), a mate rial pe rmit condition shall mean a condition which satisfies all of the following: 100.22 (1) The co ndition is i n a per mit o r pe rmit re vision issued b y the Control Officer or by the Director after the effective date of this rule. (2) The co ndition i s identified w ithin t he pe rmit a s a mate rial 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 sour ce or to avoi d tri ggering any other applicable requirement. (b) A re quirement t o i nstall, o perate, o r ma intain a max imum achievable control technology or hazardous air pollutant reasonably available control technology re quired und er Ru le 37 2-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules. (c) A requirement for t he installation or ce rtification 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 opa city standard required by S ection 111-Standards Of Performance For New S tationary S ources of the Act or Ti tle 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 S ubsections ( 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 no t be mat erial where th e f ailure to co mply 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 ch ange in the method of operation of a s ource whi ch i ncreases the actual emissions of any r egulated a ir pollutant emitted by su ch s ource by m ore th an a ny r elevant deminimis am ount, or whi ch results i n the e mission of any regulated a ir pollutant no t previously emit ted b y more than such deminimis amount. 200.66 NET EMISSIONS INCREASE - 100.23 a. The am ount by wh ich the sum 200.66(a)(2) below exceed zero: of Section 200.66(a)(1) an d S ection (1) Any increase i n a ctual emissions from a par ticular physi cal ch ange or change in the method of operation at a stationary source; and (2) Any oth er in creases and decr eases i n actu al emissions at the sou rce that are con temporaneous w ith th e par ticular ch ange and a re otherwise creditable. b. An increase or decrease in actual emissions is contem poraneous with th e increase from the particular change only if it occurs between: (1) The da te fi ve years befor e con struction on the commences; and particular ch ange (2) The date that the increase from the particular change occurs. c. An in crease or d ecrease in actual emissions is cred itable only if the Control Officer ha s not re lied on i t in i ssuing a pe rmit, wh ich is in eff ect whe n the increase in actual emiss ions from the particular change occurs. In addition, in nonattainment a reas, a decrease in actu al emi ssions sh all be considered i n determining net emissi ons 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 a ctual emissions of sulfur dioxide, nitrogen oxides, or pa rticulate matter wh ich occu rs before the applicable b aseline d ate, as described in Rule 500-Attainment Area Cla ssification of th ese rul es, is creditable on ly i f it is r equired to be cons idered in calculating th e am ount of maximum allowable increases remaining available. e. An inc rease in actual emissio ns is creditable only to the exte nt that the ne w 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 e missions u nit wa s a ctually ope rated an d emitted the sp ecific 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 w elfare as th at attributed to the i ncrease fr om the particular change. 100.24 g. An increase th at r esults fr om a physical ch ange at a source occu rs when the emissions unit on which construction occurred becomes operational and begins to emit a particular poll utant. Any replacement uni t th at requi res 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 oxi des of ni trogen ex cept ni trous 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 Administrato r, acting under S ection 107-Air Qual ity C ontrol Regions of th e Act, as ex ceeding na tional 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); 76-131 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); 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); 100.25 690-39-1 1 678-86-7 1 460-73-1 1 431-31-2 1 163702-05 7 375-03 4 1 ,1,1,3,3,3-hexafluoropropane (HFC-236fa); ,1,2,2,3-pentafluoropropane (HFC-245ca); ,1,2,3,3-pentafluoropropane (HFC-245ea); ,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 Chl orofluoromethane (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); -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); 9-20-9 methyl acetate; cyclic, branched, or linear completely methylated siloxanes; -1 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propan (n-C 3F7OCH3,HFE7000); 31-89-0 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); 07-31-3 methyl formate (HCOOCH3); And perfluorocarbon compounds that fall into these classes: Cyclic, branched, or linear, completely fluorinated alkanes; Cyclic, branched, o r linear, co mpletely fluorinated eth ers with no unsaturations; Cyclic, b ranched, o r linear, com pletely 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 fo r p urposes o f a ll re cordkeeping, emissions r eporting, p hotochemical dispersion modelin g, and inv entory requirements, which apply to VOC and shall be uni quely identi fied i n 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 mate rial of any typ e outdoors, where the products of combustion are not directed through a flue. 200.72 OPERATION - A ny physical acti on resulting in a change in t he location, form, or physical pr operties of a ma terial, or an y chemi cal action resulting in a ch ange in the chemical composition or properties of a material. 200.73 ORGANIC COMPOUND - Any compound of carbon, excluding carbon monoxide, carbon di oxide, carbonic aci d, me tallic carbides or carbonates, an d a mmonium carbonate. 100.26 200.74 ORGANIC LIQUID - Any o rganic compound which e xists as a liqu id unde r an y actual conditions of use, transport, or storage. 200.75 OWNER AND/OR OPERATOR - An y p erson who ow ns, leases, operates, controls, o r supervises an a ffected f acility or a stationary s ource of wh ich a n affected facility is a part. 200.76 PARTICULATE MATTER - A ny m aterial, except con densed w ater containing n o more tha n an alytical tr ace am ounts of oth er chemi cal elements or compou nds, which has a n ominal aerodynamic diameter s maller than 1 00 mi crons (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 wi th en forcing a p ermit pr ogram ad opted under AR S §49 -480, Subsection A. 200.78 PERSON - Any ind ividual, public o r private co rporation, company, partnership, firm, ass ociation or society of persons, the Federa l Government and an y of its departments o r ag encies, or th e State an d any o f it s ag encies, dep artments 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 an d Federal Reference Test Methods. 200.81 PM10 - Partic ulate matter with an aerodynamic dia meter less than or e qual to a nominal 10 mi crons ( micrometers), as measured by th e applicable State a nd Federal Reference Test Methods. 200.82 POLLUTANT – An air contaminant t he emissions or ambie nt concentration of which is regulated under these rules. 200.83 POLLUTION CONTROL PROJECT - An y act ivity or pro ject undertaken at an existing electric u tility s team g enerating u nit t o reduce emissions f rom t he unit. The activities or projects are limited to: a. The installation of conven tional or innovative pollution cont rol tec hnology, including but not limited to advanced flue gas desulfurization, sorbent injection for sulfur dioxide and nitrogen oxides controls, and electrostatic precipitators; b. An a ctivity or pr oject to accomm odate switching to a fuel les s polluti ng than the fuel used before the activity or project, including but not limited to natural 100.27 gas or coa l rebu rning, or the co-fi ring of na tural gas a nd oth er fu els for t he purpose of controlling emissions; c. A permanent c lean coa l technology demonstration p roject, co nducted under Title II, Section 101(d) of the Further Continuing Appropriation Act of 1985 (42 U.S.C. 5903(d)) or subsequent a ppropriations up to a total am ount of $2,500,000,000 for commer cial demons tration of clean coal technol ogy, or similar projects funded through appropriations for the EPA; or d. A perm anent clea n coal techn ology de monstration pr oject tha t cons titutes 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 max imum capacity of a stationary sou rce to emit pollutants, excluding s econdary emissi ons, u nder its ph ysical a nd operational design. Any physical or operational limitation on the capacity of the source to emit a pol lutant, including ai r poll ution control equi pment and r estrictions on hours of operation or on the type or amount of material combusted, stored, or pr ocessed, 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 versi on of a permit for whi ch the Control Offi cer offers public participation under Rule 210-Title V Permit Provisions of these rules or offers a ffected S tate r eview under Rule 2 10-Title V Permit Pr ovisions of t hese rules. 200.87 PROPOSED FINAL PERMIT - T he v ersion of a T itle V per mit th at the Co ntrol Officer pr oposes t o iss ue and f orwards to the A dministrator for r eview, in compliance with Rule 210-Title V Permit Provisions of these rules. 200.88 QUANTIFIABLE - With respect to e missions, including the emissions involved in equivalent e mission limits a nd emission t rades, ca pable of be ing m easured o r otherwise d etermined i n terms o f qu antity and assessed in terms of character. Quantification may be ba sed on e mission f actors, stack te sts, monitored values, operating rates an d a veraging tim es, ma terials used i n a pr ocess or pr oduction, modeling, or other reasonable measurement practices. 200.89 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNIT - A ny physical change or change in t he method of operation, assoc iated with co mmencing co mmercial ope rations 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 A ct Amendments of 1990 a nd the emissi ons from the u nit cont inue t o b e carried in the Maricopa County emissions inventory at the time of enactment; 100.28 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 I II-Control Of Air Contaminants of th ese rul es, the low est emission limitation th at a particular s ource is capa ble of a chieving by the a pplication of control techn ology that i s re asonably available cons idering technological an d economic feasi bility. Such technol ogy may previo usly 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, i s d etermined on a c ase-by-case ba sis, con sidering 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, A ppendices A through L; 40 C FR 5 2, Appendices D and E ; 4 0 C FR 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 whi ch th e Admi nistrator has promulgated a pri mary or a secondary n ational a mbient air quality standard (NAA QS) ( 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 ai r contaminant tha t is s ubject to a s tandard contained in R ule 3 60-New Source P erformance Standards of th ese ru les or promulgated under Section 111-Standards Of Performance For New Stationary Sources of the Act. d. Any hazardous ai r poll utant ( HAP) as defined in Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules. e. Any C lass I o r I I substance liste d in Se ction 6 02-Stratospheric Ozo ne Protection; Listing Of Class I And Class II Substances of the Act. 100.29 200.93 REGULATORY REQUIREMENTS - All appli cable requirements , Department rules, and all State requirements pertaining to the regulation of air contaminants. 200.94 REPLICABLE - Wi th r espect t o methods or procedures su fficiently un ambiguous such that the same or equivalent results would be obtained by th e application of the method or procedure by different users. 200.95 REPOWERING - Th e Control Officer shall give expedited consideration to per mit applications for a ny source that satisfies the following criteria and that is g ranted an extension under Section 409-Repowered Sources of the Act: a. Repowering means r eplacing an existing coal -fired boil er with one of following clean coal technologies: (1) Atmospheric or pressurized fluidized bed combustion; (2) Integrated gasification combined cycle; (3) Ma (4) D the gnetohydrodynamics; irect and indirect coal-fired turbines; (5) Integrated gasification fuel cells; or (6) As determined by th e Admi nistrator, in consultation with t he Uni ted States S ecretary of Energy, a d erivative of on e or m ore of the above listed technologies; and (7) Any o ther t echnology c apable o f controlling multiple co mbustion emissions simultaneously with improved boiler or generation efficiency and wi th significantly g reater waste red uction relative to the performance of tech nology in wi despread commercial use as of November 15, 1990. b. Repowering als o in cludes any oil, gas , or oil a nd ga s-fired units w hich have been awarde d c lean coal tec hnology de monstration fu nding as of Jan uary 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 ph ysical change or cha nge in the m ethod of oper ation of a u nit ( or a different cons ecutive 2 -year w ithin 10 year s after th at change, i f th e C ontrol Officer determines that the diffe rent pe riod is mo re representative of source operations), con sidering the effect the change wil l have on increasi ng or decreasing t he ho urly e mission rate a nd on p rojected ca pacity utilization. I n projecting future emissions, the Control Officer shall: 100.30 a. Consider all r elevant in formation, i ncluding but not l imited to historical operational d ata, the co mpany’s representations, f ilings wit h the Maricopa County, State or Federal regulatory au thorities, and com pliance 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 operati on at an el ectric utilit y steam generating unit, th at portion of the u nit’s emissi ons, foll owing th e change, t hat co uld hav e been accommodated d uring th e representative baseline peri od an d that i s at tributable to a n in crease in p rojected cap acity utilization a t the unit unrelated to th e pa rticular cha nge, in cluding 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 co rporation: A president, secretary, t reasurer, o r v ice-president of the corporation in charge of a principal business function, or any other person who performs similar po licy or decision-making fu nctions for th e corporation, or a duly a uthorized representative of such pers on if the repr esentative is responsible for the overall o peration of o ne 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 d elegation o f authority t o s uch r epresentatives is approved i n advance by the permitting authority; b. For a par tnership or s ole pr oprietorship: A gene ral partner o r the proprietor, respectively; c. For a municipality, State, Federal , or other pu blic agen cy: Either a principal executive officer or ra nking el ected o fficial. For the pu rposes of t his rule, a principal executive o fficer of a Federal a gency inclu des t he chi ef ex ecutive 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 d esignated representative ins ofar 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 re presentative for any other purpos es under 40 CFR, Part 70. 100.31 200.98 SCHEDULED MAINTENANCE - P reventive maintenance u ndertaken in or der 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 po tential of a so urce to e mit any of the foll owing pollutants, a rate of emissions that would equal or exceed any one of the following rates: Emissions Rate (TPY) Pollutant Carbon Monoxide Nitrogen Oxides Sulfur Dioxide Particulate Matter PM10 VOC Lead Fluorides Sulfuric Acid Mist Hydrogen Sulfide (H2S) 10 Total Reduced Sulfur (including hydrogen sulfide) Reduced Sulfur Compounds (including hydrogen sulfide) Municipal waste combustor organics (measured as total tetra-throughocta-chlorinated: dibenzo-p-dioxins and dibenzofurans) Municipal waste combustor metals (measured as particulate matter) Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) Municipal solid waste landfill emissions (measured as nonmethane organic compounds) 100 40 40 25 15 40 0.6 3 7 10 10 3.5 x 10-6 15 40 50 b. In ozone n onattainment ar eas classified a s se rious or se vere, s ignificant emissions of VOC s hall be determi ned under Ru le 24 0-Permit Req uirements For New M ajor Sources And Major Modifications To Exis ting Major Sources of these rules. c. In reference to a regulated air pollutant that is not listed in Section 200.99(a) of this r ule, is not a C lass I nor a Cl ass II s ubstance listed in Section 602Listing Of Class I And Class II Substances of the Act and is not a hazardous air pollutant a ccording to Ru le 37 2-Maricopa County Ha zardous Air Po llutants (HAPs) Program of these rules, any emissions rate. 100.32 d. Notwithstanding the em ission am ount lis ted in Section 200 .99(a) of this rul e, any emis sions rate or an y net em issions increas e associated wi th a major source or major modification, which would be constructed within 10 kilometers (6.2 miles) of a Class I ar ea and which would have an impact on the ambient air q uality of s uch ar ea e qual to or g reater than 1 m icrogram/cubic meter (mg/m³) (24-hour average). 200.100 SOLVENT-BORNE COATING MATERIAL - Any li quid coa ting-material in which the so lvent i s primarily or so lely a VOC. For the purposes of t his definition, “pri marily” means that of th e to tal so lvent mass that ev aporates from the coating, the VOC portion weighs more than the non-VOC portion. 200.101 SOURCE - Any building, structure, fa cility, or installation tha t may ca use or contribute to air pollution. 200.102 SPECIAL INSPECTION WARRANT - A n order, in writing, iss ued 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 p ublic 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 degr ees Celsi us) and a pressure of 101.3 kilopascals (29.92 in.Hg or 1013.25 mb). When a pplicable, all an alyses and tes ts sh all be ca lculated 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 an d secondary ambient air qual ity sta ndards as are a dopted by the Administrator under the Act. 200.105 STATIONARY SOURCE - A ny s ource tha t operates at a fixed l ocation an d that emits or generates regulated air pollutants. 200.106 SYNTHETIC MINOR - A ny source w hose m aximum ca pacity to e mit a pollutant un der its ph ysical an d oper ational design would e xceed the majo r 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 th e Federal Clean Air Act as amended in 1990 and the 40 CFR Part 70 EPA regulations adopted to implement the Act. 100.33 200.109 TOTAL REDUCED SULFUR (TRS) - The sum of the su lfur compounds, primarily hy drogen sul fide, methyl merca ptan, dim ethyl sul fide, and dimethyl disulfide, that are released du ring kr aft pul ping an d oth er opera tions 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 per son has taken r easonable m easures to pr otect from disclosure and the person intends to continue to take such measures. b. The i nformation is not , and ha s not b een, re asonably obt ainable w ithout the person’s consent by other persons, other than governmental bodies, by use of l egitimate m eans, other t han d iscovery ba sed on a sh owing of special need in a judicial or quasi-judicial proceeding. c. No sta tute, including ARS § 49-487, specifically re quires d isclosure of the information to the public. d. The pers on has sa tisfactorily shown th at disclosure of th e in formation is likely to cause substantial harm to the business’s competitive position. 200.111 TRIVIAL ACTIVITY – Fo r the purpo se of this rule, a trivial activity shall be any activity, process, or emis sions unit that, in a ddition to meeting the criteria for insignificant activity, has extremely low emissions. No activity, process, or emissions unit that is conducted a s p art of a manufacturing proc ess o r is related t o t he s ource’s prim ary bu siness activity s hall be considered trivi al. Trivial acti vities are lis ted i n A ppendix E of these r ules and ma y b e 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 u nable to classify as a n attain ment or nonattainment ar ea for a speci fic 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 non-precursor organic compounds. SECTION 300 - STANDARDS 301 AIR POLLUTION PROHIBITED: N o perso n shall disc harge from any so urce 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 whi ch in a ny wa y d egrade the q uality of the a mbient a ir below the standards established by the Board Of Supervisors or the Director. 100.34 302 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 th e lowest rate or lowest con centration of r egulated air poll utants released to the atmosphere shall apply, unless otherwise specifically exempted or designated. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS: A ny application form or report submitted under these rules shall contain certification by a responsible official of tr uth, 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 Offi cer shall make all permits, including all el ements 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. 402.3 Within 3 0 da ys o f receipt o f a notice of co nfidentiality t hat co mplies 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 2 00.110 o f t his rule a nd so not ify the ap plicant i n 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 a pplication th at cer tain information has been con sidered confidential. 100.35 402.4 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 con fidentiality shall not be a defense for failure to pr ovide such information. SECTION 500 - MONITORING AND RECORDS 501 REPORTING REQUIREMENTS: The owner and/or operator of any air pollution source sha ll ma intain reco rds of all e missions testing and monitoring, recor ds detailing all malfunctions which may cause any applicable emission limitation to be exceeded, records d etailing th e implementation of approved co ntrol pla ns an d compliance schedules, records required as a con dition of an y pe rmit, records o f materials used or produced, and any other r ecords relating to the emission of a ir contaminants which may be requested by the Control Officer. 502 DATA REPORTING: W hen requested by t he C ontrol Of ficer, a p erson shall furnish to the Department in formation to l ocate and clas sify ai r con taminant sources according to type, level, duration, frequency, and other characteristics of emissions and such other information as may be necessary. This i nformation shall be sufficient to evaluate the effect on ai r quality and compliance with these rules. The ow ner an d/or op erator of a source re quested to submit information un der Section 5 01 of th is r ule may sub sequently be re quired to su bmit an nually, or at such intervals specified by the Control Officer, reports detailing any changes in the nature o f th e so urce si nce t he previous re port a nd t he t otal ann ual qu antities of materials used or air contaminants emitted. 503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request of the Co ntrol Off icer and as directed b y the C ontrol Officer, th e ow ner and/or operator of an y s ource whi ch emits or may emit ox ides of nitrogen (NO x) or volatile or ganic com pounds (VOC) shall provi de the Control Officer with an emission s tatement, i n such f orm as th e C ontrol Of ficer pr escribes, sho wing measured actual emissions or es timated a ctual emi ssions of N Ox an d VOC fr om that s ource. At a mi nimum, the emi ssion statement shall contai n all information required by the Consolidated Emissions Reporting Rule in 40 CFR 51, Subpart A, Appendix A, Table 2A, which is incorporat ed by reference in Appe ndix G of these rules. T he s tatement sh all contain e missions f or th e tim e p eriod sp ecified by the Control Officer. The s tatement s hall als o contain a certification by a r esponsible 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 s ubmitted an nually to the Department. T he Con trol Officer m ay w aive this requirement for the owner and/or operator of any source which emits less than 25 tons pe r year of oxi des of ni trogen or vola tile or ganic com pounds with an approved emission inventory for sources based on AP-42 or other methodologies approved by the Administrator. 100.36 504 RETENTION OF RECORDS: Information an d record s required b y ap plicable requirements and copies of summariz ing report s reco rded by the owner and/or operator and submitted to the Control Officer shall be retained by the owner and/or operator for f ive years after the date on wh ich th e in formation is recor ded or the report i s submitted. Non-Title V sou rces ma y re tain suc h in formation, 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 Off icer make s t he inventory form(s) a vailable, whi chever occurs lat er. T hese r equirements apply whether or not a per mit has been issu ed and wh ether or not a perm it application has been filed. 505.2 The a nnual emissions in ventory r eport shall be in the format provided by the Control Officer. 505.3 The Co ntrol O fficer may re quire su bmittal of supplem ental emissions inventory information f orms f or a ir co ntaminants under ARS §49-476.01, ARS § 49-480.03, a nd Rule 372-Maricopa Co unty Hazardous Air P ollutants (HAPs) Program of these rules. 100.37 Return to Table of Contents REGULATION I - GENERAL PROVISIONS RULE 110 VIOLATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS (NOT INCLUDED) SECTION 300 - STANDARDS 301 VIOLATIONS AND ORDER OF ABATEMENT 302 CIVIL PENALTIES 303 CRIMINAL PENALTIES SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 110.1 BLANK PAGE 110.2 Adopted 11/15/93 Revised 02/15/95 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION I - GENERAL PROVISIONS RULE 110 VIOLATIONS SECTION 100 - GENERAL 101 PURPOSE: To specify the classification of violations of the provisions of these rules. SECTION 300 - STANDARDS 301 VIOLATIONS AND ORDER OF ABATEMENT: When the Control Officer has reasonable cause to believe that any person has violated or is in violation of any provision of these rules or any requirement of a permit issued pursuant to these rules, he may serve upon such person by certified mail or in person an order of abatement or may file a complaint in Superior Court alleging a violation pursuant to ARS§49-513. The order shall state with particularity the act constituting the violation, shall state in its entirety the certain requirement, provision or rule violated, shall state the duration of the order and shall state that the alleged violator is entitled to a hearing, if such hearing is requested in writing within 30 days after the date of issuance of the order. The order may be conditional and may require a person to refrain from particular acts unless certain conditions are met. An order issued under this rule shall require the persons to whom it is issued to comply with the requirement, provision or rule as expeditiously as practicable. In the case of a source required to obtain a permit pursuant to this rule and Title V of the Clean Air Act, the order shall require compliance no later than one year after the date the order was issued, and shall be nonrenewable. 302 CIVIL PENALTIES: Any person who violates any of these rules or any permit or permit condition issued by the Control Officer or any fee or filing requirement required by these rules may be subject to civil penalties pursuant to ARS§49-513. 303 CRIMINAL PENALTIES: Any person who violates any of these rules or any permit or permit condition issued by the Control Officer may be guilty of a Class I 110.3 misdemeanor for each day the violation continues pursuant to ARS§49-502 and may be subject to criminal penalties pursuant to ARS§49-514. 110.4 Return to Table of Contents REGULATION I - GENERAL PROVISIONS RULE 120 CONDITIONAL ORDERS INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS (NOT INCLUDED) SECTION 300 - STANDARDS (NOT INCLUDED) SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 GRANTING A CONDITIONAL ORDER 402 PROCEDURES F OR F ILING A P ETITION F OR A CONDITIONAL ORDER 403 DECISIONS ON A PETITION FOR A CONDITIONAL ORDER 404 PROCESSING FEE 405 TERMS OF A CONDITIONAL ORDER 406 NOTICE OF VIOLATION SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 120.1 BLANK PAGE 120.2 Adopted 11/15/93 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION I - GENERAL PROVISIONS RULE 120 CONDITIONAL ORDERS SECTION 100 - GENERAL 101 PURPOSE: To s pecify pr ocedures t hat s hall a pply t o pe titions f or c onditional orders filed with the Control Officer. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 GRANTING A CONDITIONAL ORDER: The Control Officer may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of ARS Title 49, C hapter 3, A rticle 3, t hese rules, for any non-federally en forceable r equirement o f a p ermit i ssued p ursuant t o t hese r ules i f the Control Officer makes each of the following findings: 401.1 Issuance of t he c onditional or der w ill not e ndanger publ ic he alth or the environment, impede attainment or maintenance of the national ambient air quality standards, or constitute a violation of the Act, and 401.2 Either of the following is true: a. There ha s be en a br eakdown of e quipment or ups et of operations beyond the control of the petitioner which causes the source to be out of compliance with the requirements of these rules, the source was in compliance with the requirements of these rules before the breakdown or ups et, a nd t he br eakdown or ups et m ay be corrected within a reasonable time. b. There i s no r easonable r elationship be tween t he e conomic and social cost of, and benefits to be obtained from, achieving compliance. 401.3 The source is not considered a Title V source. 120.3 401.4 402 The C ontrol O fficer m ay not i ssue a c onditional or der w hich a llows a source to vary from t he requirement t o obt ain a permit i ssued pursuant t o Rules 200, 210, 220, or 230 of these rules. PROCEDURES FOR FILING A PETITION FOR A CONDITIONAL ORDER: The f ollowing pr ocedures s hall a pply t o a person seeking a conditional order from the Control Officer: 402.1 The person s hall f ile a pe tition f or a c onditional or der w ith t he C ontrol Officer and pa y t he c onditional or der f ee r equired by R ule 280 of t hese rules. The petition shall contain at a minimum: a. A description of any breakdown of e quipment or ups et of ope rations beyond the control of the petitioner, which causes the source to be out of compliance with the requirements of these rules. b. A description of corrective action being undertaken to bring the source back into compliance. c. An estimate of emissions related to the breakdown or upset. d. A co mpliance s chedule w ith a d ate o f f inal c ompliance and interim dates as appropriate. e. An explanation of a ny r elationship be tween t he e conomic a nd s ocial cost of, and benefits to be obtained from, achieving compliance. 402.2 If the issuance of the conditional order requires a public hearing pursuant to ARS§49-491B, Rule 210, or R ule 220 of t hese r ules, t he C ontrol O fficer shall set the hearing date within 30 da ys after the filing of the petition and the hearing shall be held within 60 days after the filing of the petition. 402.3 Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in Rule 210 or Rule 220 of these rules and in ARS§49-498. 402.4 At the time the Control Officer publishes the first notice, the applicant shall post a notice containing the information required in Rule 210, S ection 408 of these rules at the site where the source is or may be located. Consistent with federal, state, and local law, the posting shall be prominently placed at a location under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. The applicant 120.4 shall place an additional pos ting pr oviding not ice of t he he aring. A ny posting shall be maintained until the public comment period is closed. 402.5 403 The Control Officer shall provide at least 30 days from the date of the first notice for public comment. T he Control Officer shall keep a record of the commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final de cision i s m ade, t he r ecord a nd c opies of t he C ontrol O fficer's responses shall be made available to the applicant and all commenters. DECISIONS ON A PETITION FOR A CONDITIONAL ORDER: Decisions on petitions for a conditional order shall be made as follows: 403.1 For a ny c onditional or der t hat r equires a r evision to th e S tate Implementation Plan (SIP), th e C ontrol O fficer s hall c omply w ith th e requirements contained in 40 C FR 51, S ubpart F a nd s hall s ubmit t he conditional order to the Director. 403.2 For any other conditional order, the Control Officer shall grant or deny the petition on s uch t erms a nd c onditions a s t he C ontrol O fficer de ems appropriate within 30 days after the conclusion of any required hearing, or, if no hearing is held, within 60 days after the filing of the petition. 404 PROCESSING FEE: A f ee t o c over t he c osts of pr ocessing a c onditional order may be prescribed pursuant to Rule 280 of these rules. 405 TERMS OF A CONDITIONAL ORDER: The terms of a conditional order or its renewal shall conform to the following: 405.1 A conditional order issued by t he C ontrol O fficer s hall be va lid f or s uch period as the Control Officer prescribes but in no e vent for more than one year in the case of a source that is required to obtain a permit pursuant to these rules and Title V of the Act, and three years in the case of any other source that is required to obtain a permit pursuant to these rules. 405.2 The terms and conditions which are imposed as a condition to the granting of or to the continued existence of a conditional order shall include, but not be limited to: a. A detailed pl an for completion of corrective s teps needed t o conform to the provisions of t his r ule a nd t o t he r equirements of any p ermit issued pursuant to this rule. 120.5 b. A requirement t hat n ecessary co nstruction s hall b egin as s pecified i n the compliance schedule. c. Written reports as may be required. d. Provisions r egarding pe riodic i nspections of t he source for which the conditional order is granted. 405.3 A grantee of a conditional order may petition the Control Officer to renew the o rder. T he to tal te rm o f th e in itial period and all renewals shall not exceed three years from the date of initial issuance of the order. P etitions for renewal may be filed at any time not more than 60 days nor less than 30 days prior to the expiration of the or der. T he C ontrol O fficer, w ithin 30 days of receipt of a petition, shall renew the conditional order for one year, if th e p etitioner is in c ompliance a nd is conforming with the terms and conditions of t he c onditional or der. T he C ontrol Officer may refuse to renew the conditional order if, after a public hearing held within 30 days of receipt of a pe tition, t he C ontrol O fficer finds that the petitioner is not in compliance a nd i s not c onforming w ith t he t erms a nd c onditions of t he conditional order. If, after a period of three years from the date of original issuance, the petitioner is not in compliance and is not conforming with the terms and conditions, the Control Officer may renew a conditional order for a to tal te rm o f tw o a dditional years, o nly if th e C ontrol Officer finds that failure to comply and to conform is due to conditions beyond the control of such petitioner. 405.4 If the Board of Supervisors amends or adopts any rule imposing conditions on the operation of an air pollution source which have become applicable to the source by reason of the action of the Board of Supervisors or otherwise, and which require the implementation of control strategies necessitating the installation of additional or di fferent a ir pol lution c ontrol e quipment, t he Control Officer may renew a conditional order for an additional term. The term of the renewal shall be governed by this rule, except that the total term of the renewal shall not exceed two years. 405.5 A c onditional or der i ssued by t he C ontrol O fficer s hall be e ffective when issued unless: a. The conditional order varies from the r equirements of t he S IP, i n which c ase t he c onditional or der s hall be s ubmitted t o t he Director together with a request t hat t he c onditional or der be s ubmitted t o t he 120.6 Administrator as a revision to the SIP pursuant to Section 110(L) of the Act, and shall become effective upon approval by the Administrator. b. The conditional order varies from the requirements of a permit issued for a s ource t hat i s required t o obt ain a permit pursuant t o Title V of the Act, in which case the conditional order shall be submitted to the Administrator if required by Section 505 of t he A ct, a nd s hall be effective at the end of t he r eview p eriod s pecified i n s uch s ection, unless objected to within such period by the Administrator. 406 NOTICE OF VIOLATION: If the terms and conditions of the conditional order are being violated, the C ontrol O fficer m ay s eek t o r evoke or t o s uspend t he conditional or der. I n s uch e vent, t he C ontrol O fficer s hall s erve notice of such violation on t he holder of the conditional order in the manner provided in ARS§49498. The notice shall specify the nature of such violation and the date on w hich a hearing w ill be he ld t o de termine i f a violation has occurred and whether the conditional order should be suspended or revoked. The date of the hearing shall be within 30 days from the date the notice is served upon t he holder of the conditional order. 120.7 BLANK PAGE 120.8 Return to Table of Contents REGULATION I - GENERAL PROVISIONS RULE 130 EMERGENCY PROVISIONS INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 – DEFINITIONS 201 EMERGENCY SECTION 300 – STANDARDS (NOT APPLICABLE) SECTION 400 - ADMINISTRATIVE REQUIREMENTS SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 130.1 BLANK PAGE 130.2 Adopted 07/26/00 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION I - GENERAL PROVISIONS RULE 130 EMERGENCY PROVISIONS SECTION 100 - GENERAL 101 PURPOSE: To emergencies. establish criteria and administrative requirements for SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definition shall apply. See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 EMERGENCY – Any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, that require immediate corrective action to restore normal operation, and that cause the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. SECTION 300 – STANDARDS (NOT APPLICABLE) SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 An emergency constitutes an affirmative defense to an action brought for noncompliance with the technology-based emission limitations, if the conditions of Section 402 of this rule are met. 402 The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: 402.1 An emergency occurred and the permittee can identify the cause or causes of the emergency; 402.2 At the time of the emergency, the permitted source was being properly operated; 402.3 During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other requirements in the permit; and 402.4 The permittee as soon as possible telephoned the Control Officer, giving notice of the emergency, and submitted notice of the emergency to the 130.3 Control Officer by certified mail, facsimile, or hand delivery within 2 working days of the time when emission limitations were exceeded due to the emergency. This notice shall contain a description of the emergency, any steps taken to mitigate emissions, and corrective action taken. 403 In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. 404 The provisions of this rule are in addition to any emergency or upset provision contained in any applicable requirement. SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 130.4 Return to Table of Contents REGULATION I - GENERAL PROVISIONS RULE 140 EXCESS EMISSIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 - DEFINITIONS (NOT APPLICABLE) SEE RULE 100 (GENERAL PROVISIONS AND DEFINITIONS) OF THESE RULES FOR DEFINITIONS OF TERMS THAT ARE USED BUT NOT SPECIFICALLY DEFINED IN THIS RULE SECTION 300 – STANDARDS (NOT APPLICABLE) SECTION 400 - ADMINISTRATIVE REQUIREMENT 401 AFFIRMATIVE DEFENSE FOR MALFUNCTIONS 402 AFFIRMATIVE DEFENSE FOR STARTUP AND SHUTDOWN 403 AFFIRMATIVE DEFENSE FOR MALFUNCTIONS DURING SCHEDULED MAINTENANCE 404 DEMONSTRATION OF REASONABLE AND PRACTICABLE MEASURES SECTION 500 - MONITORING AND RECORDS 140.1 BLANK PAGE 140.2 Adopted 07/26/00 Revised 09/05/01 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION I – GENERAL PROVISIONS RULE 140 EXCESS EMISSIONS SECTION 100 - GENERAL 101 PURPOSE: To establish affirmative defenses and associated administrative requirements for certain emissions in excess of an emission standard or limitation. 102 APPLICABILITY: Rule 140 applies to all emission standards or limitations, except for standards or limitations described in Section 103 (Exemptions) of this rule. 103 EXEMPTIONS: Rule 140 does not apply to standards and limitations: 103.1 Promulgated pursuant to Section 111 (Standards Of Performance for New Stationary Sources) of the Clean Air Act (Act) or Section 112 (National Emission Standards For Hazardous Air Pollutants) of the Act; 103.2 Promulgated pursuant to Title IV (Acid Deposition Control) of the Act or the regulations promulgated thereunder and incorporated under Rule 371 (Acid Rain) of these rules or Title VI (Stratospheric Ozone Protection) of the Act; 103.3 Contained in any Prevention Of Significant Deterioration (PSD) or New Source Review (NSR) permit issued by the Environmental Protection Agency (EPA); 103.4 Included in a permit to meet the requirements of Rule 240 (Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources), Subsection 308.1(e) (Permit Requirements For Sources Located In Attainment And Unclassified Areas) of these rules. SECTION 200 - DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. SECTION 300 – STANDARDS (NOT APPLICABLE) 140.3 SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 Affirmative Defense For Malfunctions: Emissions in excess of an applicable emission limitation due to malfunction shall constitute a violation. The owner and/or operator of a source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner and/or operator of the source has complied with the reporting requirements of Section 500 of this rule and has demonstrated all of the following: 401.1 The excess emissions resulted from a sudden and unavoidable breakdown of the process equipment or the air pollution control equipment beyond the reasonable control of the operator; 401.2 The source’s air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; 401.3 If repairs were required, the repairs were made in an expeditious fashion when the applicable emission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off-shift labor and overtime were not utilized, then the owner and/or operator satisfactorily demonstrated that such measures were impractical; 401.4 The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions; 401.5 All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; 401.6 The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; 401.7 During the period of excess emissions, there were no exceedances of the relevant ambient air quality standards established in Rule 510 of these rules that could be attributed to the emitting source; 401.8 The excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned, and could not have been avoided by better operations and maintenance practices; 401.9 All emissions monitoring systems were kept in operation, if at all practicable; and 401.10 The owner’s and/or operator’s actions in response to the excess emissions were documented by contemporaneous records. 140.4 402 Affirmative Defense For Startup And Shutdown: 402.1 Except as provided in subsection 402.2 of this rule, and unless otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owner and/or operator of a source with emissions in excess of an applicable emission limitation due to startup and shutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner and/or operator of the source has complied with the reporting requirements of Section 500 of this rule and has demonstrated all of the following: a. The excess emissions could not have been prevented through careful and prudent planning and design; b. If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property; c. The source’s air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; d. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable, during periods of such emissions; e. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; f. During the period of excess emissions, there were no exceedances of the relevant ambient air quality standards established in Rule 510 (Air Quality Standards) of these rules that could be attributed to the emitting source; g. All emissions monitoring systems were kept in operation, if at all practicable; and h. The owner’s and/or operator’s actions in response to the excess emissions were documented by contemporaneous records. 402.2 If excess emissions occur due to a malfunction during routine startup and shutdown, then those instances shall be treated as other malfunctions subject to Section 401 of this rule. 403 Affirmative Defense For Malfunctions During Scheduled Maintenance: If excess emissions occur due to malfunction during scheduled maintenance, then 140.5 those instances will be treated as other malfunctions subject to Section 401 of this rule. 404 Demonstration Of Reasonable And Practicable Measures: For an affirmative defense under Sections 401 and 402 of this rule, the owner and/or operator of the source shall demonstrate, through submission of the data and information required by Sections 400 and 500 of this rule, that all reasonable and practicable measures within the owner’s and/or operator’s control were implemented to prevent the occurrence of the excess emissions. SECTION 500 - MONITORING AND RECORDS 501 The owner and/or operator of any source shall report to the Control Officer any emissions in excess of the limits established by these rules or by the applicable permit. The report shall be in two parts as specified below: 501.1 Notification by telephone or facsimile within 24 hours of the time when the owner and/or operator first learned of the occurrence of excess emissions that includes all available information from Section 502 of this rule. 501.2 Detailed written notification by submission of an excess emissions report within 72 hours of the notification required by subsection 501.1 of this rule. 502 The excess emissions report shall contain the following information: 502.1 The identity of each stack or other emission point where the excess emissions occurred; 502.2 The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions; 502.3 The time and duration or expected duration of the excess emissions; 502.4 The identity of the equipment from which the excess emissions emanated; 502.5 The nature and cause of such emissions; 502.6 The steps taken, if the excess emissions were the result of a malfunction, to remedy the malfunction and the steps taken or planned to prevent the recurrence of such malfunctions; 502.7 The steps that were or are being taken to limit the excess emissions; and 502.8 If the source’s permit contains procedures governing source operation during periods of startup or malfunction and the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures. 140.6 503 In the case of continuous or recurring excess emissions, the notification requirements of this rule shall be satisfied if the source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuant to Section 501 and Section 502 of this rule. 140.7 BLANK PAGE 140.8 Return to Table of Contents REGULATION II – PERMITS AND FEES RULE 200 PERMIT REQUIREMENTS INDEX SECTION 100 – GENERAL 101 PURPOSE SECTION 200 – DEFINITIONS (NOT APPLICABLE) SECTION 300 – STANDARDS 301 PERMITS REQUIRED 302 TITLE V PERMIT 303 NON-TITLE V PERMIT 304 GENERAL PERMIT 305 DUST CONTROL PERMIT 306 SUBCONTRACTOR REGISTRATION 307 PERMIT TO BURN 308 EXEMPTIONS 309 STANDARDS FOR APPLICATIONS 310 PERMIT CONDITIONS 311 PROHIBITION-PERMIT MODIFICATION 312 PERMIT POSTING REQUIRED 313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO UNITARY PERMIT PROGRAM 314 ACCELERATED PERMITTING SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION 402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION 403 PERMIT RENEWAL AND EXPIRATION 404 PERMIT TRANSFERS 200.1 405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE ORDERS (DCO) OR CONSENT DECREES 406 APPEAL 407 AIR QUALITY IMPACT MODELS 408 TESTING PROCEDURES 409 PERMIT FEES 410 PORTABLE SOURCES 411 PUBLIC RECORDS; CONFIDENTIALITY SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 200.2 Revised 07/13/88 Repealed and Adopted 11/15/93 Revised 02/15/95 Revised 06/19/96 Revised 05/20/98 Revised 08/22/01 Revised 03/26/08 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II – PERMITS AND FEES RULE 200 PERMIT REQUIREMENTS SECTION 100 – GENERAL 101 PURPOSE: To provide an orderly procedure for the review of new sources of air pollution and for the modification and operation of existing sources through the issuance of permits. SECTION 200 – DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. SECTION 300 – STANDARDS 301 PERMITS REQUIRED: Except as otherwise provided in these rules, no person shall commence construction of, operate, or make a modification to any source subject to regulation under these rules, without first obtaining a permit or permit revision from the Control Officer. The Maricopa County Air Quality Department issues the following permits: Title V permits, Non-Title V permits, General permits, Dust Control permits, and Permits to Burn. The standards and/or requirements for these permits are described in Section 302 through Section 305 and Section 307 of this rule. Additional standards, administrative requirements, and monitoring and records requirements for some of these permits are described in individual rules of these rules, as applicable/as specified in Section 302 through Section 305 and Section 307 of this rule. 302 TITLE V PERMIT: A Title V permit or, in the case of an existing permitted source, a permit revision shall be required for a person to commence construction of, to operate, or to modify any of the following: 302.1 Any major source as defined in Rule 100 of these rules. 302.2 Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act. 200.3 302.3 Any affected source as defined in Rule 100 of these rules. 302.4 Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Board of Supervisors by rule. 303 NON-TITLE V PERMIT: Unless a Title V permit or a permit revision is required, a Non-Title V permit or permit revision shall be required for: 303.1 A person to make a modification to a source which would cause it to emit or to have the potential to emit quantities of regulated air pollutants greater than those specified in subsections 303.2 and 303.3(c) of this rule. 303.2 A person to commence construction of or to modify either of the following after rules adopted pursuant to A.R.S. § 49-480.04 are effective: a. A source that emits or has the potential to emit with controls ten tons per year or more of a hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants designated by the Director pursuant to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and not listed in Section 112(b) of the Act. b. A source that is within a category designated by the Director pursuant to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and that emits or has the potential to emit with controls at least one ton, but less than ten tons per year of a hazardous air pollutant or at least 2.5 tons, but less than 25 tons per year of any combination of hazardous air pollutants. 303.3 A person to commence construction of, to operate, or to modify any of the following: a. Any source other than a major source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act. b. Any source other than a major source, including an area source, subject to a standard or other requirement pursuant to Section 112 of the Act. However, a source is not required to obtain a permit solely because it is subject to regulation or requirements pursuant to Section 112(r) of the Act. c. Any source that emits or has the potential to emit, without control, regulated air pollutants, except the following sources to the extent which the described limits are not exceeded. However, any source that is exempt from obtaining a Non-Title V permit according to this section shall still comply with all other applicable requirements of these rules. (1) General Combustion Equipment: 200.4 (a) Any source with an aggregated input capacity of less than 2,000,000 BTU per hour calculated by adding only those pieces of equipment over 300,000 BTU per hour with respect to fuel burning equipment fired with natural gas or liquefied petroleum gas. (b) Any oil fueled heating equipment with a maximum rated input capacity or an aggregated input capacity of less than 500,000 BTU (527,200 kilojoules) per hour. (2) Liquid Storage Tanks: (a) Stationary storage tanks with a capacity of 250 gallons (946 liters) or less used for storing organic liquids. (b) Stationary storage tanks used for storing organic liquids with a true vapor pressure of 1.5 psia (77.5 mm Hg) or less. (c) Pressure tanks and pressurized vessels used exclusively for the storage of liquefied gases. (3) Surface Coating and Printing Equipment: (a) The aggregate of all surface coating operations of a source in which no coated product is heat cured and a combined total of one gallon per day or less of all coating materials and solvents are used. (b) Application equipment for architectural surface coatings is used for commercial and residential applications. (c) Any coating operation, which employs only hand-held aerosol cans, where VOC emissions do not exceed three pounds on any single day. (d) Any printing operation which employs a combination of printing presses with a maximum of 500 square inches (3226 cm2) of impression area and a maximum of two units per printing press. For the purposes of this rule, "units" means the number of printing surfaces. (4) Solvent Cleaning Equipment: Unheated, non-conveyorized, cleaning or coating equipment that does not include control enclosures: (a) With an open surface area of one square meter (10.8 square feet) or less and an internal volume of 350 liters (92.5 gallons) or less, having an organic solvent loss of three gallons per day or less, or 200.5 (b) Using only organic solvents with an initial boiling point of 302°F (150°C) or greater and having an organic solvent loss of three gallons per day or less, or (c) Using materials with a VOC content of two percent or less by volume (20 cubic centimeters per liter). (5) Internal Combustion Equipment: (a) Internal combustion engines with a manufacturer's maximum continuous rating of 50 horsepower or less or a maximum accumulative rating of 250 horsepower or less for engines used in the same process at one source. (b) Internal combustion engines used solely as a source of unlimited standby power or emergency purposes and operated at or below 500 hours per year for routine testing and emergency standby operation for each internal combustion engine and provided such source demonstrates that the potential emissions at 500 hours of operation each of all internal combustion engines do not exceed 4,000 pounds of nitrogen oxides or carbon monoxide per year as evidenced by an installed hour meter or written usage records maintained by the operator; and (i) Are only used for power when normal power line service fails; or (ii) Are only used for the emergency pumping of water. (iii) This exemption does not apply to internal combustion engines used as standby power due to a voluntary reduction in power by the power company. (c) Engines used to propel motorized vehicles. (d) Gas turbines with a maximum heat input at ISO Standard Day Conditions of less than 3,000,000 BTU (3,162,000 kilojoules) per hour fired exclusively with natural gas and/or liquefied petroleum gas. (e) Portable internal combustion engines used on a temporary basis of no more than 30 days per calendar year at any one facility. (6) Food Equipment: 200.6 (a) Equipment, excluding boilers, used in eating establishments or other retail establishments for the purpose of preparing food for human consumption. (b) Bakeries: (i) Mixers and blenders used in bakeries where the products are edible and intended for human consumption. (ii) Ovens at bakeries whose total production is less than 10,000 pounds (4,535 kg) per operating day. (7) Miscellaneous: (a) Diesel contaminated soil remediation projects, where no heat is applied. (b) Self-contained, enclosed blast and shot peen equipment where the total internal volume of the blast section is 50 cubic feet or less and where any venting is done via pollution control equipment. (c) Those laboratory acids which have both a pH above 1.5 and an aggregate daily emission to ambient air of vapor/mists from all such acids not exceeding three pounds on any single day. (d) Brazing or welding equipment. (e) Hand soldering equipment. (f) A source whose aggregate of all wood working equipment totals 50 horsepower or less. (g) Equipment used for buffing, carving, cutting, drilling, surface grinding, machining, planing, routing, sanding, sawing, shredding, or turning of ceramic artwork, precision parts, leather, metals, plastics, rubber, fiberboard, masonry, carbon, graphite or glass. (h) Refrigerant recovery equipment. (i) Building maintenance or janitorial activities. (j) A source whose aggregate of all miscellaneous equipment, processes or production lines not otherwise identified in this section has total uncontrolled emissions of less than three pounds (1.4 kg) VOC or PM 10 during any day and less than 5.5 pounds (2.5 kg) of any other regulated air pollutant during any day. 200.7 (k) A person to begin actual construction of a source subject to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules. (l) A person to make a modification to a source subject to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules. 304 GENERAL PERMIT: A General permit shall be required for a person to commence construction of, to operate, or to modify a source that is a member of a facility class for which a General permit has been developed pursuant to Rule 230 of these rules. The provisions of Rule 230 of these rules shall apply to General permits, except as otherwise provided in Rule 230 of these rules. 305 DUST CONTROL PERMIT: A Dust Control permit shall be required before a person, including but not limited to, the property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party contracting to do the work), general contractor, prime contractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dust-generating operation subject to the requirements of Rule 310 of these rules, causes, commences, suffers, allows, or engages in any dust-generating operation that disturbs a total surface area of 0.10 acre (4,356 square feet) or more. The provisions of Rule 310 of these rules shall apply to Dust Control permits, except as otherwise provided in Rule 310 of these rules. 306 SUBCONTRACTOR REGISTRATION: 306.1 A subcontractor who is engaged in dust-generating operations at a site that is subject to a permit that is issued by a Control Officer and that requires control of PM 10 emissions from dust-generating operations shall register with the Control Officer by submitting information in the manner prescribed by the Control Officer. The Control Officer shall issue a registration number after payment of the fee. The Control Officer may establish and assess a fee for the registration based on the total cost of processing the registration and issuance of a registration number. 306.2 The subcontractor shall have its registration number readily accessible on-site while conducting any dust-generating operations. The subcontractor’s registration number must be visible and readable by the public without having to be asked by the public (e.g., included/posted in a sign that is visible on the subcontractor’s vehicle or equipment, included/posted on a sign that is visible in the window of the subcontractor’s vehicle or equipment, or included/posted on a sign where the subcontractor is working on the site). 307 PERMIT TO BURN: A permit is required for any open outdoor fire authorized under the exceptions in A.R.S. 49-501 or Rule 314 of these rules. 200.8 308 EXEMPTIONS: Notwithstanding Sections 301, 302, and 303 of this rule, the following sources shall not require a permit, unless the source is a major source, or unless operation without a permit would result in a violation of the Act: 308.1 Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters. 308.2 Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR 61.145. 308.3 Agricultural equipment used in normal farm operations. Agricultural equipment used in normal farm operations, for the purposes of this rule, does not include equipment that would be classified as a source that would require a permit under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61. 309 STANDARDS FOR APPLICATIONS: All permit applications shall be filed in the manner and form prescribed by the Control Officer. The application shall contain all the information necessary to enable the Control Officer to make the determination to grant or to deny a permit or permit revision, which shall contain such terms and conditions as the Control Officer deems necessary to assure a source's compliance with the requirements of these rules. The issuance of any permit or permit revision shall not relieve the owner or operator from compliance with any federal laws, Arizona laws, or these rules, nor does any other law, regulation or permit relieve the owner or operator from obtaining a permit or permit revision required under these rules. 309.1 Insignificant Activities: a. Rather than supplying detailed information, a Title V source may, in its permit application, list and generally group insignificant activities, which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix D-List of Insignificant Activities of these rules. b. A Non-Title V source is not required to list nor to describe, in a permit application, insignificant activities, which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix DList of Insignificant Activities of these rules. If a Non-Title V source’s emissions are approaching an applicable requirement, including but not limited to best available control technology (BACT) requirements or major source status, then such Non-Title V source may be required by Maricopa County to include, in a permit application, a description of its insignificant activities and emissions calculations for such insignificant activities. c. An activity, process, or emissions unit that is not included in Appendix D-List of Insignificant Activities of these rules may be considered an insignificant activity if it meets the definition of insignificant activity in Rule 100 – 200.9 General Provisions and Definitions of these rules and is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA). A source may request approval for the classification of an activity as insignificant by including such a request in its permit application, along with justification that such activity meets the definition of insignificant activity in Rule 100 – General Provisions and Definitions of these rules. d. An application may not omit information regarding insignificant activities that is needed to determine: (1) the applicability of or to impose any applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the fee amount required under these rules. In such cases, emissions calculations or other necessary information shall be included in the application. 309.2 Trivial Activities: a. A Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, nor to include the emissions from trivial activities, which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix E-List of Trivial Activities of these rules. b. A Non-Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, nor to include the emissions from trivial activities, which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in Appendix E-List of Trivial Activities of these rules. c. An activity that is not included in Appendix E-List of Trivial Activities of these rules may be considered a trivial activity, if such activity meets the definition of trivial activity in Rule 100 – General Provisions and Definitions of these rules. 310 PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are necessary to ensure compliance with federal laws, Arizona laws, or these rules. 310.1 The Control Officer may require, as specified in Section 310.2 and Section 310.3 of this rule, any source of regulated air pollutants to monitor, sample, or perform other studies to quantify emissions of regulated air pollutants or levels of air pollution that may reasonably be attributable to that source, if the Control Officer: a. Determines that monitoring, sampling, or other studies are necessary to determine the effects of the source on levels of air pollution; or b. Has reasonable cause to believe a violation of this rule, rules adopted pursuant to this rule, or a permit issued pursuant to this rule has been committed; or 200.10 c. Determines that those studies or data are necessary to accomplish the purposes of this rule and that the monitoring, sampling, or other studies by the source are necessary in order to assess the impact of the source on the emission of regulated air contaminants. 310.2 The Control Officer may require a source of air contaminants, by permit or order, to perform monitoring, sampling, or other quantification of its emissions or air pollution that may reasonably be attributed to such a source. Before requiring such monitoring, sampling, or other quantification by permit or order, the Control Officer shall consider the relative cost and accuracy of any alternatives which may be reasonable under the circumstances such as emission factors, modeling, mass balance analyses, or emissions projections. The Control Officer may require such monitoring, sampling, or other quantification by permit or order if the Control Officer determines in writing that all of the following conditions are met: a. The actual or potential emissions of air pollution may adversely affect public health or the environment. b. An adequate scientific basis for the monitoring, sampling, or quantification method exists. c. The monitoring, sampling, or quantification method is technically feasible for the subject contaminant and the source. d. The monitoring, sampling, or quantification method is reasonably accurate. e. The cost of the method is reasonable in light of the use to be made of the data. 310.3 Orders issued or permit conditions imposed pursuant to this rule shall be appealable to the hearing board in the same manner as that prescribed for orders of abatement in A.R.S. § 49-489 and A.R.S. § 49-490 and for permit conditions in A.R.S. § 49-482. 311 PROHIBITION – PERMIT MODIFICATION: A person shall not willfully deface, alter, forge, counterfeit, or falsify any permit issued under the provisions of these rules. 312 PERMIT POSTING REQUIRED: Any person who has been granted a permit shall keep a complete permit clearly visible and accessible on the site where the equipment is installed. All equipment covered by the permit shall be listed in the permit by a serial number or other equipment identification symbol and shall be identified on a plant diagram. 313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO UNITARY PERMIT PROGRAM: 200.11 313.1 Sources With a Valid Installation, Operating, or Conditional Permit: A valid installation permit or operating permit issued by the Control Officer or a valid conditional permit issued by the hearing board before September 1, 1993, and the authority to operate as provided in Laws 1992, Chapter 299, Section 65, continue in effect until any of the following occurs: a. The Control Officer revokes an installation permit. b. The Control Officer issues or denies a Title V permit or a Non-Title V permit to the source. c. The hearing board revokes or modifies a conditional permit or the conditional permit expires. A source operating under a valid conditional permit may continue to operate in accordance with the terms and conditions of such permit after the expiration of the conditional permit if, at least 30 days prior to the expiration of the conditional permit, the source submits an application to the Control Officer for a Title V permit as described in Section 313.2 of this rule or for a Non-Title V permit as described in Section 313.3 of this rule. 313.2 Title V Sources With an Installation, Operating, or Conditional Permit: Following November 29, 1996, the effective date of the Environmental Protection Agency’s (EPA’s) final interim approval of Maricopa County’s Title V permit program, a source becomes subject to the requirements of the Title V permit program, when the source meets the applicability requirements as provided in this rule. Sources which hold a valid installation, operating, or conditional permit and require a Title V permit shall comply with the following provisions: a. The owner or operator of the source shall submit a permit application within 180 days of receipt of written notice from the Control Officer that an application is required or 12 months after the source becomes subject to the requirements of Title V of the Act and the permit requirements of these rules, whichever is earlier. b. Any source, which has not yet submitted a Title V permit application, that wishes to make any source change not requiring a permit, an administrative permit revision, a minor permit revision, or a significant permit revision shall comply with the applicable provisions of Rule 210 of these rules. 313.3 Non-Title V Sources With an Installation, Operating, or Conditional Permit: Sources requiring a Non-Title V permit in existence on the date these rules become effective which hold a valid installation, operating, or conditional permit shall comply with the following provisions: a. All sources shall submit a permit application to the Control Officer within 90 days of receipt of written notice from the Control Officer that an application is required. 200.12 b. Any source that wishes to make any source change not requiring a permit, an administrative permit revision, a minor permit revision, or a non-minor permit revision shall comply with the applicable provisions of Rule 220 of these rules. 313.4 Written Notice: For purposes of this subsection, written notice shall include, but not be limited to, a written warning, Notice of Violation, or order issued by the Control Officer for constructing or operating an emission source without a permit. Such a source shall be considered to be in violation of these rules on each day of operation or each day during which construction continues, until a permit is granted. 313.5 Sources Not Under Permit: a. All sources not in existence prior to the effective date of these rules shall first submit to the Control Officer an air quality permit application for the entire source and shall have been issued an air quality permit before commencing construction of such source. b All sources in existence on the date these rules become effective and not holding a valid installation permit and/or a valid operating permit issued by the Control Officer, which have not applied for a Non-Title V permit pursuant to these rules, shall submit to the Control Officer a permit application for the entire source. c. All sources in existence on the date these rules become effective and not holding a valid installation permit and/or a valid operating permit issued by the Control Officer, which have not applied for a Title V permit pursuant to these rules, shall submit to the Control Officer a Title V permit application no more than 12 months after becoming subject to Title V permit requirements. 313.6 Sources Which Currently Have an Installation or Operating Permit: a. For sources in existence on the date these rules become effective holding a valid installation permit and/or a valid operating permit issued by the Control Officer, the Control Officer may establish a phased schedule for acting on permit applications received within the first full year after the source becomes subject to obtaining a Title V or a Non-Title V permit under these rules. The schedule shall assure that at least one-third of such applications will be acted on annually over a period not to exceed three years after such effective date. Based on this schedule, the Control Officer shall review a completed application in accordance with the provisions of these rules and shall issue or deny the applicable permit within 18 months after the receipt of the completed application. 200.13 b. Any application for an installation permit or an operating permit that is determined to be complete prior to the effective date of these rules but for which no permit has been issued shall be considered complete for the purposes of this section. In issuing a permit pursuant to such an application, the Control Officer shall include in the permit all elements addressed in the application and a schedule of compliance for submitting an application for a permit revision to address the elements required to be in the permit that were not included in the operating permit application or in the installation permit application. No later than six months after the effective date of these rules, the Control Officer shall take final action on an operating permit application or on an installation permit application determined to be complete prior to the effective date of these rules. 314 ACCELERATED PERMITTING: 314.1 Notwithstanding any other provisions of these rules, the following qualify a source for a request-submittal for accelerated processing: an application for a Title V permit or for a Non-Title V permit; any permit revision; and any coverage under a general permit. Such a request-submittal shall be submitted in writing to the Control Officer at least 30 days in advance of filing the application and shall be accompanied by fees as described in Rule 280 of these rules. 314.2 When an applicant has requested accelerated permit processing, the Control Officer may, to the extent practicable, undertake to process the permit or permit revision in accordance with the following schedule: a. For applications for initial Title V and Non-Title V permits under Rules 210 and 220 of these rules, for significant permit revisions under Rule 210 of these rules, or for non-minor permit revisions under Rule 220 of these rules, final action on the permit or on the permit revision shall be taken within 90 days or after the Control Officer determines that the application is complete for a Non-Title V source and within 120 days after the Control Officer determines that the application is complete for a Title V source. Except for a new major source or a major modification subject to the requirements of Rule 240 of these rules, an application for a new permit, a significant permit revision, or a permit renewal shall be deemed to be complete unless the Control Officer notifies the applicant by certified mail within 30 days of receipt of the application that the application is not complete. b. For applications for coverage under a general permit under Rule 230 of these rules, final action shall be taken within 30 days after receipt of the application. c. For minor permit revisions governed by Rule 210 of these rules and Rule 220 of these rules, the permit revision shall be issued within 60 days after receipt of the application. 200.14 314.3 Before issuing a permit or permit revision pursuant to this section, the applicant shall pay to the Control Officer all fees due as described in Rule 280 of these rules. Nothing in this section shall affect the public participation requirements of Rules 210 or 220 of these rules, or EPA and affected state review as required under Rule 210 of these rules. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION: 401.1 The Control Officer shall deny a permit or revision if the applicant does not demonstrate that every such source for which a permit or permit revision is sought is so designed, controlled, or equipped with such air pollution control equipment that the source may be expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of these rules. 401.2 Prior to acting on an application for a permit, the Control Officer may require the applicant to provide and to maintain such devices and procedures as are necessary for sampling and for testing purposes in order to secure information that will disclose the nature, extent, quantity, or degree of air contaminants discharged into the atmosphere from the source described in the application. In the event of such a requirement, the Control Officer shall notify the applicant in writing of the type and characteristics of such devices and procedures. 401.3 In acting upon an application for a permit renewal, if the Control Officer finds that such source has not been constructed in accordance with any prior permit or revision issued pursuant to A.R.S. § 49-480.01, the Control Officer shall require the permittee to obtain a permit revision or shall deny the permit renewal. The Control Officer shall not accept any further application for a permit for such source so constructed until the Control Officer finds that such source has been reconstructed in accordance with a prior permit or a revision, or until a revision to the permit has been obtained. The Control Officer may issue a permit with a compliance schedule for a source that is not in compliance with all applicable requirements at the time of permit issuance. 401.4 After a decision on a permit or on a permit revision, the Control Officer shall notify the applicant and any person who filed a comment on the permit pursuant to A.R.S. § 49-480 or on the permit revision pursuant to A.R.S. § 49-480.01 in writing of the decision, and if the permit is denied, the reasons for such denial. Service of this notification may be made in person or by first class mail. The Control Officer shall not accept a further application unless the applicant has corrected the circumstances giving rise to the objections as specified by the Control Officer as reasons for such denial. 200.15 402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION: 402.1 Reopening for Cause: a. Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances: (1) 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 Section 403.2 of this rule. Any permit revision required pursuant to this rule shall comply with Section 403 of this rule for a permit renewal and shall reset the five year permit term. (2) 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 Title V permit. (3) The Control Officer 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. (4) The Control Officer or the Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements. b. Proceedings to reopen and issue a permit, including appeal of any final action relating to a permit reopening, shall follow the same procedures as apply to initial permit issuance and shall, except for reopenings under Section 402.1a(1) of this rule, affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as is practicable. c. Action to reopen a permit under this section shall not be initiated before a notice of such intent is provided to the source by the Control Officer at least 30 days in advance of the date that the permit is to be reopened, except that the Control Officer may provide a shorter time period in the case of an emergency. 200.16 d. When a permit is reopened and revised pursuant to this rule, the Control Officer may make appropriate revisions to the permit shield established pursuant to Rule 210 of these rules. 402.2 Reopening for Cause by the Administrator: a. If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to Section 402.1 of this rule, the Administrator may notify the Control Officer and the permittee of such finding in writing. Within ten days of receipt of notice from the Administrator that cause exists to reopen a Title V permit, the Control Officer shall notify the source. b. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, the Control Officer shall forward to the Administrator a proposed determination of termination, modification, or revocation and reissuance of the permit. The Control Officer may request a 90-day extension of this limit if it is necessary to request a new or revised permit application or additional information from the applicant for, or holder of, a Title V permit. c. The Control Officer shall have 90 days from receipt of an objection by the Administrator to attempt to resolve the objection. 403 PERMIT RENEWAL AND EXPIRATION: 403.1 Prior to renewing a permit issued under these rules, the Control Officer shall provide notice in the same manner and form as provided in Rule 210 of these rules. 403.2 The Control Officer shall not renew a permit issued under these rules unless the permittee applies for a permit renewal prior to the expiration of a permit in the manner required by Rule 210 of these rules. If a timely and complete application for a permit renewal is submitted, but the Control Officer has failed to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied. Any testing that is required for a renewal shall be completed before the proposed permit renewal is issued by the Control Officer. 403.3 The Control Officer shall publish notice of a permit renewal decision in the same manner as that provided in Rule 210 of these rules for a Title V permit and as that provided in Rule 220 of these rules for a Non-Title V permit. 404 PERMIT TRANSFERS: 404.1 Except as provided in A.R.S. § 49-429 and Section 404.2 of this rule, a Title V permit, a Non-Title V permit, or a General permit may be transferred to another person. Before the proposed transfer, the person who holds a valid Non-Title V 200.17 permit or a valid General permit shall comply with the administrative permit revision procedures pursuant to Rule 220, Section 405.1 of these rules. At least 30 days before the proposed transfer, the person who holds a valid Title V permit shall give notice to the Control Officer in writing and shall comply with the administrative permit amendment procedures pursuant to Rule 210, Section 404 of these rules. Permit transfer notice shall contain the following: a. The permit number and expiration date. b. The name, address and telephone number of the current permit holder. c. The name, address and telephone number of the person to receive the permit. d. 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. e. A description of the equipment to be transferred. f. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee. g. Provisions for the payment of any fees pursuant to Rule 280 of these rules that will be due and payable before the effective date of transfer. h. Sufficient information about the source's technical and financial capabilities of operating the source to allow the Control Officer to make the decision in Section 404.2 of this rule including: (1) The qualifications of each person principally responsible for the operation of the source. (2) A statement by the chief financial officer of the new permittee that it is financially capable of operating the source in compliance with the law, and the information that provides the basis for that statement. (3) A brief description of any action for the enforcement of any federal or state law, rule or regulation, 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 source 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. 200.18 404.2 The Control Officer shall deny the transfer if the Control Officer determines that the organization receiving the permit is not capable of operating the source in compliance with Article 3, Chapter 3, Title 49, Arizona Revised Statutes, the provisions of these rules, or the provisions of the permit. Notice of the denial stating the reason for the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within ten working days of the Control Officer's receipt of the application. If the transfer is not denied within ten working days after receipt of the notice, the Control Officer shall approve such permit transfer. 404.3 To appeal the transfer denial: a. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and b. The appeal process for a permit shall be followed. 405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE ORDERS (DCO) OR CONSENT DECREES: 405.1 The terms and conditions of either a 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. 405.2 The owner or operator of a source subject to a DCO or consent decree shall submit to the Control Officer 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 Control Officer may require additional reporting requirements and conditions in permits issued under this rule. 405.3 For the purpose of this rule, sources subject to a consent decree issued by a federal court shall meet the same requirements as those subject to a DCO. 406 APPEAL: Denial or revocation of a permit shall be stayed by the permittee's written petition for a hearing, filed in accordance with Rule 400 of these rules. 407 AIR QUALITY IMPACT MODELS: 407.1 Where the Control Officer requires a person to perform air quality impact modeling, the modeling shall be performed in a manner consistent with 40 CFR 51, Appendix W, “Guideline On Air Quality Models”, as of July 1, 2004 (and no future amendments or additions), which shall be referred to hereinafter as "Guideline", and is adopted by reference. 200.19 407.2 Model Substitution: Where the person 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 Control Officer must make a written finding that: a. No model in the guideline is appropriate; or b. The data base required for the appropriate model in the guideline is not available; and c. A model proposed as a substitute or modification is likely to produce results equal or superior to those obtained by models in the guideline. 408 TESTING PROCEDURES: Except as otherwise specified, the applicable testing procedures contained in the Arizona Testing Manual for Air Pollutant Emissions shall be used to determine compliance with standards or permit conditions established pursuant to these rules. 409 PERMIT FEES: A fee shall be charged for each facility. No permit is valid until the applicable permit fee has been received and until the permit is issued by the Control Officer. 410 PORTABLE SOURCES: 410.1 An owner or operator of a portable source which will operate for the duration of its permit solely in Maricopa County shall obtain a permit from the Control Officer for Maricopa County and is subject to Sections 410.2, 410.3, and 410.4 of this rule. A portable source with a current State of Arizona permit need not obtain a Maricopa County permit but is subject to Sections 410.3, 410.4, and 410.5 of this rule. Any permit for a portable source shall contain conditions that will assure compliance with all applicable requirements at all authorized locations. 410.2 An owner or operator of a portable source which has a Maricopa County permit but proposes to operate outside of Maricopa County, shall obtain a permit from the Director. Upon issuance of a permit by the Director, the Control Officer shall terminate the Maricopa County permit for that source. If the owner or operator relocates the portable source in Maricopa County, the owner or operator shall notify the Control Officer as required by Section 410.4 of this rule of the relocation of the portable source. Whenever the owner or operator of a portable source operates a portable source in Maricopa County, such owner or operator shall comply with all regulatory requirements in these rules. 410.3 An owner of a portable source which requires a permit under this rule, shall obtain the permit prior to renting or leasing said portable source. This permit shall be provided by the owner to the renter or lessee, and the renter or lessee shall be bound by the permit provisions. In the event a copy of the permit is not provided 200.20 to the renter or lessee, both the owner and the renter or lessee shall be responsible for the operation of the portable source in compliance with the permit conditions and any violations thereof. 410.4 A portable source may be transported from one location to another within or across Maricopa County boundaries provided the owner or operator of such portable source notifies the Director and any Control Officer who has jurisdiction over the geographic area that includes the new location of the portable source by certified mail at least ten working days before the portable source is transported to the new location. The notification required under this rule shall include: a. A description of the portable source to be transported including the Maricopa County permit number or the State of Arizona permit number for such portable source; b. A description of the present location; c. A description of the location to which the portable source is to be transported, including the availability of all utilities, such as water and electricity, necessary for the proper operation of all control equipment; d. The date on which the portable source is to be moved; e. The date on which operation of the portable source will begin at the new location; and f. The duration of operation at the new location. 410.5 An owner or operator of a portable source with a current State of Arizona permit that moves such portable source into Maricopa County shall notify the Control Officer that such portable source is being transported to a new location and shall include in such notification a copy of the State of Arizona permit and a copy of any conditions imposed by the State of Arizona permit. The source shall be subject to all regulatory requirements of these rules. 411 PUBLIC RECORDS; CONFIDENTIALITY: 411.1 The Control Officer shall make all permits, including all elements required to be in the permit pursuant to Rule 210 of these rules and Rule 220 of these rules available to the public. 411.2 A notice of confidentiality pursuant to A.R.S. § 49-487(c) shall: a. Precisely identify the information in the application documents, which is considered confidential. 200.21 b. Contain sufficient supporting information to allow the Control Officer to evaluate whether such information satisfies the requirements related to trade secrets or, if applicable, how the information, if disclosed, could cause substantial harm to the person's competitive position. 411.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 411.2 of this rule, the Control Officer shall make a determination as to whether the information satisfies the requirements for trade secret or competitive position pursuant to A.R.S. § 49-487(C)(1) 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. SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 200.22 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 201 EMISSIONS CAPS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS (NOT APPLICABLE) SEE RULE 100 (GENERAL PROVISIONS AND DEFINITIONS) OF THESE RULES FOR DEFINITIONS OF TERMS THAT ARE USED BUT NOT SPECIFICALLY DEFINED IN THIS RULE SECTION 300 - STANDARDS 301 EMISSIONS CAPS 302 ESTABLISHMENT OF AN EMISSIONS CAP 303 LIMITS OF A SOURCEWIDE EMISSIONS CAP SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 201.1 BLANK PAGE 201.2 Adopted 07/26/00 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 201 EMISSIONS CAPS SECTION 100 - GENERAL 101 PURPOSE: To increase operating flexibility for Title V sources and for Non-Title V sources. 102 APPLICABILITY: Unless otherwise noted, Rule 201 applies to each source with a Title V permit or with a Non-Title V permit. SECTION 200 - DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. SECTION 300 - STANDARDS 301 EMISSIONS CAPS: An applicant, in its application for a new permit, a renewal of an existing permit, a non-minor permit revision (for a Non-Title V source), or a significant permit revision (for a Title V source), may request an emissions cap for a particular pollutant, expressed in tons per year as determined on a 12-month rolling average or any shorter averaging time necessary to enforce any applicable requirement, for any emissions unit, combination of emissions units, or an entire source to allow operating flexibility, including emissions trading for the purpose of complying with the emissions cap. This rule shall not apply to sources that hold an authority to operate under a General Permit, under Rule 230 of these rules. 302 ESTABLISHMENT OF AN EMISSIONS CAP: 302.1 In order to incorporate an emissions cap in a permit, the applicant must demonstrate to the Control Officer that terms and conditions in the permit will: a. Ensure compliance with all applicable requirements for the pollutant; b. Contain replicable procedures to ensure that the emissions cap is enforceable as a practical matter and emissions trading conducted under the emissions cap is quantifiable and enforceable as a practical matter. For the purposes of this rule, "enforceable as a practical matter" shall include the following criteria: (1) The permit conditions are permanent and quantifiable; 201.3 c. (2) The permit includes a legally enforceable obligation to comply; (3) The permit limits impose an objective and quantifiable operational or production limit or require the use of in-place air pollution control equipment; (4) The permit limits have short-term averaging times consistent with the averaging times of the applicable requirement; (5) The permit conditions are enforceable and are independent of any other applicable limitations; and (6) The permit conditions for monitoring, recordkeeping, and reporting requirements are sufficient to comply with Rule 220, subsections 302.3, 302.4, 302.5, 302.6, and 302.7 of these rules. For a Title V permit, include all terms required under Rule 210, subsection 302.1 of these rules and Rule 210, Section 305 of these rules. 302.2 Title V sources shall log an increase or decrease in actual emissions authorized as a trade under an emissions cap, unless an applicable requirement requires notice to the Control Officer. The log shall contain the information required by the permit, including, at a minimum, when the proposed emissions increase or decrease occurred, a description of the physical change or change in method of operation that produced the increase or decrease, the change in emissions from the physical change or change in method of operation, and how the increase or decrease in emissions complies with the permit. Non-Title V sources shall comply with Rule 220, subsection 404.2(e) of these rules. 302.3 The Control Officer shall not include, in an emissions cap or emissions trading allowed under the emissions cap, any emissions unit for which the emissions are not quantifiable or for which there are no replicable procedures or practical means to enforce emissions trades. 303 LIMITS OF A SOURCEWIDE EMISSIONS CAP: An emissions cap for a Non-Title V source that limits the emissions of a particular pollutant for the entire source shall not exceed any of the following: 303.1 The applicable requirement for the pollutant if expressed in tons per year; 303.2 The source’s actual emissions plus the applicable significance level for the pollutant established in Rule 100 of these rules; 303.3 The applicable major source threshold for the pollutant; or 201.4 303.4 A sourcewide emission limitation for the pollutant voluntarily agreed to by the source under Rule 220, Section 304 of these rules. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 201.5 BLANK PAGE 201.6 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 204 EMISSION REDUCTION CREDITS FOR USE WITH THE ARIZONA EMISSIONS BANK INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 CERTIFIED CREDIT 202 CREDIT UTILIZATION 203 EMISSION REDUCTION CREDIT 204 EMISSIONS BANK 205 SURPLUS SECTION 300 - STANDARDS 301 CREDIT CERTIFICATION 302 CREDIT UTILIZATION SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 204.1 BLANK PAGE 204.2 Adopted 05/07/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 204 EMISSION REDUCTION CREDITS FOR USE WITH THE ARIZONA EMISSIONS BANK SECTION 100 – GENERAL 101 PURPOSE: To implement procedures for certification and utilization of emission reduction credits for use with the Arizona Emissions Bank. 102 APPLICABILITY: Participation in the Rule 204 emission reduction credit certification and utilization program is voluntary. The provisions of this rule apply to permitted sources emitting particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides, or volatile organic compounds. Rule 204 does not apply to sources granted the authority to operate under Rule 230 (General Permits) of these rules. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 CERTIFIED CREDITS – emission reduction credits that have qualified for certification by satisfying the criteria established for emission reduction as outlined in Section 301 (Credit Certification) of this rule. 202 CREDIT UTILIZATION – the use of a certified emission reduction credit. 203 EMISSION REDUCTION CREDIT or CREDIT – a certified unit that may be banked, sold, transferred, withdrawn or retired. 204 EMISSIONS BANK – the electronic entity where emission reduction credits are recorded for the purpose of the public notice, allowing a person to determine the availability of credits for related market transactions. The emissions bank is administered by the Arizona Department of Environmental Quality. 205 SURPLUS – the amount of a permitted source’s emission reduction that is not required by federal, state, or local law. 204.3 SECTION 300 – STANDARDS 301 CREDIT CERTIFICATION 301.1 The Control Officer may certify an emission credit if the Control Officer verifies the credit is based on all of the following: (a) A reduction in actual emissions that occurred after August 17, 1999; (b) A quantifiable reduction in actual emissions; (c) A permanent reduction in actual emissions; (d) An enforceable reduction in actual emissions; and (e) A surplus reduction in actual emissions occurring in addition to any other required emission reduction. 301.2 The source must notify the Control Officer when the reduction occurs. 301.3 In order for the emission reduction to be quantifiable under this section: (a) The emission reduction must be quantifiable under Rule 100, § 200.86; and (b) The reducing source shall submit documentation of any testing or monitoring that demonstrates an emission reduction. 301.4 The Control Officer shall certify one emission reduction credit for each ton per year of particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, or volatile organic compound actually reduced. 301.5 The Control Officer shall notify the source and the Director of the ADEQ that a credit is certified. 302 CREDIT UTILIZATION 302.1 A source may use a certified emission reduction credit in the same nonattainment area, maintenance area, or modeling domain in which the emission reduction occurred by submitting a Credit Utilization Application (CUA) to both the Director of the ADEQ and the Control Officer, on a form prescribed by the Director of the 204.4 ADEQ. The source shall submit the CUA to the Control Officer at the time the source submits an application for a permit or permit revision. 302.2 Before any emission reduction credits may be utilized, the Control Officer shall: (a) Evaluate and verify the authenticity of the credit, and (b) Determine that there will be no adverse impact on the air quality. 302.3 After the Control Officer completes the permitting action, the Control Officer shall submit the credit certificate to the Director of the ADEQ and notify the Director that the requirements of A.A.C. R18-2-1206 have been met. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 204.5 BLANK PAGE 204.6 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 210 TITLE V PERMIT PROVISIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 EMISSIONS ALLOWABLE UNDER THE PERMIT SECTION 300 - STANDARDS 301 PERMIT APPLICATION PROCESSING PROCEDURES 302 PERMIT CONTENTS 303 PERMIT REVIEW BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AND AFFECTED STATES 304 EMISSION STANDARDS AND LIMITATIONS 305 COMPLIANCE PLAN; CERTIFICATION SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 FEES REQUIRED 402 PERMIT TERM 403 SOURCE CHANGES ALLOWED WITHOUT PERMIT REVISIONS 404 ADMINISTRATIVE PERMIT AMENDMENTS 405 MINOR PERMIT REVISIONS 406 SIGNIFICANT PERMIT REVISIONS 407 PERMIT SHIELDS 408 PUBLIC PARTICIPATION SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 210.1 PAGE BREAK 210.2 Revised 07/13/88 Repealed and Adopted 11/15/93 Revised 02/15/95 Revised 06/19/96 Revised 05/20/98 Revised 02/07/01 Revised 05/07/03 Revised 06/06/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 210 TITLE V PERMIT PROVISIONS SECTION 100 - GENERAL 101 PURPOSE: To provide an orderly procedure for the review of new Title V sources of ai r p ollution and o f t he mo dification an d o peration o f existing T itle V s ources through the issuance of Title V permits. 102 APPLICABILITY: Unless o therwise n oted, t his r ule applies t o each so urce requiring a Title V permit or permit revision. SECTION 200 - DEFINITIONS: See R ule 1 00-General P rovisions A nd D efinitions o f t hese rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: 201 EMISSIONS ALLOWABLE UNDER THE PERMIT - An enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. SECTION 300 - STANDARDS 301 PERMIT APPLICATION PROCESSING PROCEDURES: 301.1 Standard Application Form And Required Information: To apply for any permit under this rule, applicants shall complete the "Standard Permit Application F orm" an d shall su pply all i nformation r equired b y t he " Filing Instructions" as shown in Appendix B of these rules. 210.3 301.2 Unless otherwise required by Rule 200-Permit Requirements of these rules, a timely application is: a. For purposes of permit renewal, a timely application is one that is submitted at least six months, but not more than 18 months, prior to the date of permit expiration. b. For t he initial P hase I I a cid r ain r equirement u nder R ule 3 71-Acid Rain of these rules of a Title V permit, one that is submitted to the Control O fficer b y J anuary 1 , 1996, fo r sulfur d ioxide, and b y January 1, 1998, for nitrogen oxides. c. Any existing source which becomes subject to a standard promulgated by the Administrator under Section 112(d) of the Act shall, w ithin 1 2 m onths o f t he d ate o n wh ich t he s tandard i s promulgated, s ubmit an ap plication fo r a p ermit r evision demonstrating how the source will comply with the standard. 301.3 If, at t he t ime an ap plication fo r a p ermit r equired b y t hese r ules i s submitted, an ap plicable i mplementation p lan al lows t he d etermination o f an alternate emission limit, a source may, in its application, propose an emission limit that is equivalent to the emission limit otherwise applicable to t he s ource und er t he a pplicable i mplementation p lan. The s ource s hall also d emonstrate t hat t he e quivalent l imit i s q uantifiable, ac countable, enforceable, and subject to replicable compliance determination procedures. 301.4 A complete application is one that satisfies all of the following: a. To b e c omplete, an application s hall p rovide al l i nformation required by Section 301.1-Standard Application Form And Required Information of this rule. An application for permit revision only need supply i nformation related to the p roposed change, unless t he source’s p roposed p ermit r evision wi ll c hange t he p ermit from a Non-Title V Pe rmit to a Title V Pe rmit. A responsible official shall certify the submitted information consistent with Section 301.7Certification Of Truth, Accuracy, And Completeness of this rule. b. An application for a new permit or permit revision shall contain an assessment of the applicability of the requirements of Rule 240Permit Requirements For New Major Sources And Major Modifications T o E xisting Ma jor S ources and R ule 2 41-Permits F or New Sources And Modifications To Existing Sources of these rules. If t he p roposed n ew s ource i s a maj or s ource, a s d efined i n R ule 240-Permit R equirements F or N ew M ajor So urces A nd M ajor Modifications To Existing Major Sources of these rules, or the proposed permit revision c onstitutes a maj or mo dification as 210.4 defined in Rule 100-General Provisions And Definitions of these rules, then the application shall comply with all applicable requirements of Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources of these rules. c. An application for a new permit or permit revision shall contain an assessment of the applicability of the requirements established under Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules. If the proposed new source permit or permit revision is subject to the requirements of Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules, the application s hall comply wi th al l applicable r equirements o f Rule 372-Maricopa Co unty H azardous A ir P ollutants ( HAPs) P rogram o f these rules. d. An ap plication t o c onstruct o r r econstruct a ny maj or s ource o f hazardous air pollutants shall contain a determination that maximum achievable control technology (MACT) for new sources under Section 112 of the Act will b e me t. W here MACT h as not been established by the Administrator, such determination shall be made on a case-by-case basis under 40 C.F.R. 63.40 through 63.44, as incorporated by reference in Rule 370-Federal Hazardous Air Pollutant Program of these rules. For purposes of this section of this r ule, c onstructing o r r econstructing a maj or source s hall h ave the meaning prescribed in 40 C.F.R. 63.41, as incorporated by reference i n R ule 3 70-Federal H azardous A ir P ollutant P rogram of these rules. e. An application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete, unless the Control Officer notifies the applicant by certified mail within 60 days of receipt of the application that the application is not complete. For a proposed new maj or source o r a maj or modification s ubject t o t he requirements of Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources of these rules, t he p ermit a pplication s hall b e d eemed t o b e s ubmitted o n the date that the completeness determination is made under Rule 240-Permit R equirements F or N ew M ajor So urces A nd M ajor Modifications To Existing Major Sources of these rules. f. If, wh ile p rocessing an application that h as b een d etermined o r deemed to be complete, the Control Officer determines that additional i nformation i s n ecessary t o e valuate o r t o t ake fi nal action o n t hat ap plication, t he Co ntrol O fficer may r equest s uch information in writing and may set a reasonable deadline for a response. Except for minor permit revisions as set forth in Section 405 of this rule, a source's ability to continue operating without a 210.5 permit, as set forth in this rule, shall be in effect from the date the application is determined to be complete until the final permit is issued, p rovided t hat t he ap plicant s ubmits an y r equested additional i nformation b y the d eadline specified b y t he Control Officer. The Control Officer may, after one submittal by the applicant u nder t his r ule, r eject an ap plication t hat i s s till determined t o b e i ncomplete an d s hall n otify t he ap plicant o f t he decision by certified mail. g. The completeness determination shall not apply to revisions processed through the minor permit revision process. h. To be complete, an application for a new permit or an application for a permit revision shall list and generally group activities, if applicable, which are insignificant as defined in Rule 100-General Provisions A nd D efinitions o f t hese rules and w hich a re l isted i n Appendix D-List Of Insignificant Activities of these rules. The application need not provide emissions data regarding insignificant activities. If the Control Officer determines that an activity listed as insignificant does not meet the requirements of insignificant as defined in Rule 100-General Provisions And Definitions of these rules and as l isted i n A ppendix D -List O f Insignificant A ctivities of these rules (i.e., if emissions estimates are needed for another purpose, such as determining the amount of permit fees), then the Control Officer shall notify the applicant in writing and shall specify additional information required. i. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the permitted source solely fo r t he p urpose o f c omplying wi th a federally e nforceable emission cap that is established in the permit independent of otherwise applicable requirements, the permit applicant shall include in its application proposed replicable procedures and permit terms t hat e nsure t he e missions t rades ar e q uantifiable a nd enforceable. j. The Control Officer agrees with a notice of confidentiality submitted under A.R.S. §49-487. 301.5 A source that has submitted information with an application under a c laim of confidentiality under A.R.S. §49-487 and Rule 200-Permit Requirements of these rules shall submit a copy of such information directly to the Administrator. 301.6 Duty To Supplement Or Correct Application: Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected 210.6 information. In addition, an applicant shall provide additional information as n ecessary t o ad dress an y r equirements t hat become ap plicable t o t he source after the date it filed a complete application but prior to release of a proposed permit. 301.7 Certification Of Truth, Accuracy, And Completeness: Any application form, report, or compliance certification submitted under these rules shall contain certification by a responsible official of truth, accuracy, and completeness of the application as of the time of submittal. This certification and any other certification required under this rule shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 301.8 Action On Application: a. The Control Officer may issue a p ermit with a compliance schedule for a source that is not in compliance with all applicable requirements at the time of permit issuance. b. In addition, the Control Officer may issue, revise, or renew a permit only if all of the following conditions have been met: (1) The permit application received must be complete according to Section 301.4 of this rule. (2) Except for revisions qualifying as administrative or minor under S ections 4 04 an d 4 05 o f t his r ule, a ll o f t he requirements for p ublic n otice and p articipation u nder Section 408 of this rule must have been met. (3) The Control Officer shall have complied with the requirements of Section 303 of this rule for notifying and responding t o aff ected s tates an d i f ap plicable, o ther notification requirements of Rule 240, Section 304.2-Action On Application And Notification Requirements and Rule 240, Section 511.3(b)-Visibility Protection of these rules. (4) The c onditions o f t he p ermit s hall r equire compliance wi th all applicable requirements. (5) For permits for which an application is required to be submitted t o t he A dministrator u nder Section 30 3.1 of t his rule, and to which the Administrator has properly objected to its issuance in writing within 45 days of receipt of the proposed fi nal p ermit an d al l n ecessary s upporting information from the Department, the Control Officer has revised and s ubmitted a p roposed fi nal p ermit i n r esponse 210.7 to the objection and the Administrator has not objected to this proposed final permit. (6) c. For p ermits t o which t he Administrator h as obje cted t o issuance under a petition filed under 40 C.F.R. 70.8(d), the Administrator’s objection has been resolved. The Control Officer may issue a notice of revocation of a permit issued under this rule if: (1) The Control Officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation. (2) The p erson applying for t he p ermit failed t o disclose a material fact required by the permit application form or the regulation ap plicable t o t he p ermit, o f wh ich t he applicant had o r s hould h ave h ad k nowledge at t he time t he application was submitted. (3) The terms an d conditions of the permit h ave been o r are being v iolated an d t he v iolation h as n ot b een c orrected within a reasonable period of time as specified by the Control Officer. d. If the Control Officer issues a notice of denial or revocation of a permit under this rule, the notice shall be served on the applicant or permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the denial or revocation and explaining that the permit applicant or permittee is entitled to a hearing under A.R.S. §49-482. e. The Control Officer shall provide a statement that sets forth the legal and factual basis for the proposed permit conditions including references to the applicable statutory or regulatory provisions. The Control Officer shall send this statement to the Administrator and to any other person who requests it. f. Except a s p rovided i n 4 0 C .F.R. 7 0.4(b)(11), Rule 200 -Permit Requirements of these rules and Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources of these r ules, regulations promulgated under Title IV or Title V of the Act, or the permitting of affected sources under the acid rain program, the Control Officer shall take final action on each permit ap plication ( and r equest for r evision o r r enewal) wi thin 1 8 months after receiving a complete application. 210.8 g. Priority shall be given by the Control Officer to taking action on applications for construction or modification submitted under Title I, Parts C -Prevention O f Si gnificant D eterioration and D -New S ource Review of the Act. h. A p roposed p ermit d ecision sh all b e p ublished w ithin nine months of receipt of a complete application and any additional information requested u nder Section 301. 4(e) of t his r ule t o p rocess t he application. The Control Officer shall provide notice of the decision as provided in Section 408 of this rule and any public hearing shall be scheduled as expeditiously as possible. 301.9 Requirement For A Permit: Except as n oted u nder t he p rovisions i n Sections 4 03 an d 4 05 o f t his r ule, n o s ource ma y o perate aft er t he t ime that i t i s r equired t o s ubmit a t imely a nd c omplete ap plication, except in compliance with a permit issued under this rule. However, if a source submits a timely and complete application for permit issuance, revision, or renewal, t he s ource's fai lure t o h ave a p ermit i s n ot a v iolation o f t hese rules until the Control Officer takes final action on the application. This protection s hall cease to ap ply i f, s ubsequent t o t he completeness determination, the applicant fails to submit, by the deadline specified in writing by the Control Officer, any additional information identified as being needed to process the application. If a source submits a timely and complete application for a permit renewal, but the Control Officer has failed to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the permit renewal has been issued or denied. 302 PERMIT CONTENTS: 302.1 Each permit issued under this rule shall include the following elements: a. The date of issuance, the permit term, and the deadline by which the permittee must renew the permit. b. Enforceable emission l imitations and standards including those operational r equirements an d l imitations t hat as sures compliance with all applicable requirements at the time of issuance. (1) The permit shall specify and reference the origin of and authority fo r each t erm o r c ondition, and i dentify any difference in form as compared to the applicable requirement upon which the term or condition is based. 210.9 c. (2) The permit shall state that, where an applicable requirement of the Act is more stringent than an applicable requirement o f r egulations p romulgated under T itle IV o f the Act and incorporated under Rule 371-Acid Rain of these rules, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator. (3) Any permit containing an equivalency demonstration for an alternative emission limit submitted under Section 301.3 of this rule shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, an d based on replicable procedures. (4) The permit shall specify applicable requirements for fugitive emission l imitations, r egardless o f w hether t he so urce category i n q uestion i s i ncluded i n t he l ist o f so urces contained in the definition of major source in Rule 100General Provisions And Definitions of these rules. As n ecessary, t he fo llowing r equirements wi th r espect t o monitoring: (1) Requirements, including stipulated r equirements, concerning t he u se, mai ntenance, and, wh ere appropriate, installation of monitoring equipment or methods; (2) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may c onsist o f r ecordkeeping d esigned t o s erve as monitoring), periodic monitoring sufficient to yield reliable data fr om t he r elevant t ime p eriod t hat ar e r epresentative of the s ource's compliance with t he permit a s r eported under Section 302.1(d) of this rule. Such monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may b e s ufficient t o me et t he r equirements o f this rule; and (3) Any emissions monitoring and analysis procedures or test methods r equired u nder the a pplicable r equirements, including an y p rocedures an d me thods p romulgated u nder Sections 114(a)(3) or 504(b) of the Act. 210.10 d. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following: (1) (2) e. Records of required monitoring information that include the following: (a) The date, place as defined in the permit, and time of sampling or measurements; (b) The date(s) analyses were performed; (c) The name of the company or entity that performed the analysis; (d) The analytical techniques or methods used; (e) The results of such analysis; and (f) The o perating conditions as e xisting at t he t ime of sampling or measurement. 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. With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: (1) Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements shall be clearly identified in such reports. All required reports shall be certified by a responsible official consistent with Section 301.7 a nd Section 305.1(e) o f t his rule. (2) Prompt r eporting o f d eviations fr om p ermit r equirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Control O fficer s hall d efine " prompt" i n r elation t o t he degree and type of deviation likely to occur and the applicable requirements. 210.11 f. g. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder and incorporated under Rule 371-Acid Rain of these rules. (1) No permit revision shall be required for increases in emissions that are authorized by allowances acquired under the acid rain program and incorporated under Rule 371-Acid Rain of t hese r ules, provided t hat s uch i ncreases d o n ot require a permit revision under any other applicable requirement. (2) No l imit s hall b e p laced o n t he n umber o f al lowances h eld by the source. The source may not, however, use allowances as a defense to non-compliance with any other applicable requirement. (3) Any such allowance shall be accounted for according to the procedures e stablished i n r egulations p romulgated u nder Title IV of the Act. (4) Any p ermit i ssued u nder t he r equirements o f t his r ule and Title V of the Act to a unit subject to the provisions of Title IV of the Act and incorporated under Rule 371-Acid Rain of these rules shall include conditions prohibiting all of the following: (a) Annual emissions o f s ulfur d ioxide i n e xcess o f t he number of allowances to emit sulfur dioxide held by the owners or operators of the unit or the designated representative of the owners or operators. (b) Exceedances of applicable emission rates. (c) The use of any allowance prior to the year for which it was allocated. (d) Violation of any other provision of the permit. A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit. 210.12 h. Provisions stating the following: (1) That the permittee shall comply with all conditions of the permit including all applicable requirements of Arizona air quality statutes and the air quality rules. Compliance with permit t erms an d conditions d oes n ot relieve, modify, o r otherwise affect t he p ermittee’s d uty t o c omply wi th al l applicable r equirements of A rizona a ir q uality statutes a nd the M aricopa Co unty A ir P ollution Co ntrol R egulations. Any permit non-compliance 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 constitutes a violation of the Act. (2) That the permittee shall halt or reduce the permitted activity in order to maintain compliance with applicable requirements of Federal laws, Arizona laws, these rules, or other conditions of the permit. (3) That the permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by a 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. (4) That the permit does not convey any property rights nor exclusive privilege, of any sort. (5) That the permittee shall furnish to the Control Officer, within a r easonable t ime, an y i nformation t hat t he Co ntrol Officer may request in writing to determine whether cause exists for revising, revoking and reissuing the permit, or terminating the permit, or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Control Officer copies of records required to be kept by the permit. For i nformation c laimed t o b e c onfidential, t he permittee shall furnish a copy of such records directly to the Administrator along with a claim of confidentiality. (6) For any major source operating in a nonattainment area for any pollutant(s) for which the source is classified as a major source, t he s ource s hall c omply wi th r easonably av ailable control technology (RACT) as defined in Rule 100-General Provisions And Definitions of these rules. 210.13 (7) For an y m ajor s ource o perating i n a nonattainment ar ea designated a s se rious f or P M10, fo r wh ich t he s ource i s classified as a major source for PM10, the source shall comply with the best available control technology (BACT), as defined in Rule 100-General Provisions And Definitions of these rules, for PM10. i. A provision to ensure that a source pays fees to the Control Officer under A.R.S. §49-480(D) and Rule 280-Fees of these rules. j. A provision stating that no permit revision shall be required under any ap proved e conomic incentives, mar ketable p ermits, e missions trading an d o ther s imilar p rograms o r p rocesses for c hanges t hat are provided for in the permit. k. Terms an d c onditions fo r r easonably an ticipated o perating scenarios identified by the source in its application as approved by the Control Officer. Such terms and conditions: l. (1) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted source a record of the scenario under which it is operating; (2) Shall extend t he p ermit shield d escribed i n Se ction 4 07 o f this r ule t o al l t erms an d c onditions u nder e ach s uch operating scenario; and (3) Must e nsure t hat t he terms an d c onditions o f each s uch alternative scenario meet all applicable requirements and the requirements of this rule. Terms an d c onditions, i f t he p ermit ap plicant requests t hem, as approved b y t he Co ntrol O fficer, fo r t he t rading o f e missions increases and decreases in the permitted source, to the extent that the applicable requirements provide for trading increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions: (1) Shall include all terms required under Section 302.1 and Section 302.3 of this rule to determine compliance; (2) May extend the permit shield described in Section 302.4 of this r ule t o al l t erms an d c onditions t hat al low s uch increases and decreases in emissions; and (3) Shall meet all ap plicable r equirements a nd requirements of this rule. 210.14 m. Terms and conditions, if the permit applicant requests them and they are approved by the Control Officer, setting forth intermittent operating scenarios including potential periods of downtime. If such terms and conditions are included, the county's emissions inventory shall not reflect the zero emissions associated with the downtime. n. If a permit applicant requests it, the Control Officer shall issue permits that contain terms and conditions allowing for the trading of emission increases and decreases in the permitted source solely for the purpose of complying with a federally enforceable emission cap t hat i s e stablished in t he p ermit i ndependent o f o therwise applicable r equirements. The p ermit applicant s hall i nclude i n i ts application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The Control O fficer s hall n ot b e r equired t o i nclude i n t he emissions trading provisions any emissions units for which emissions are not quantifiable o r fo r wh ich t here ar e n o r eplicable p rocedures t o enforce the emissions trades. The permit shall also require compliance wi th al l applicable r equirements. Changes made under this section of this rule shall not include modifications under any provision of T itle I o f the A ct a nd may n ot exceed emissions allowable under the permit. The terms and conditions shall include notice that (1) conforms to Section 403.4 and Section 403.5 of this rule and (2) describes how the increases or decreases in emissions will comply with the terms and conditions of the permit. o. Such terms and conditions as are consistent with the requirements of this rule, of Rule 100-General Provisions And Definitions of these rules and of the Clean Air Act and are found by the Control Officer to be necessary. 302.2 Federally Enforceable Requirements: All terms and conditions in a Title V Permit shall be enforceable by the Administrator and citizens under the A ct, i ncluding a ny p rovisions d esigned to l imit a s ource’s p otential t o emit. However, the Control Officer shall specifically designate as not being federally e nforceable u nder t he A ct an y t erms and c onditions i ncluded i n the Title V Permit that are not required under the Act or under any of its applicable requirements. 302.3 All applications for a permit required by this rule shall include a compliance plan meeting the requirements of Section 503 of the Act. 302.4 Each permit shall include the applicable permit shield provisions set forth in Section 407 of this rule. 210.15 302.5 A Title V permit issued to a major source shall require that revisions be made under Rule 200-Permit Requirements of these rules to incorporate additional applicable requirements adopted by the Administrator under the Act that become applicable to a source with a permit with a remaining permit t erm o f three or m ore y ears. No r evision sh all b e r equired i f t he effective date of the applicable requirements is after the expiration of the permit. The revisions shall be made as expeditiously as practicable, but not later t han 1 8 months after t he p romulgation of s uch s tandards an d regulations. Any p ermit revision r equired u nder this section o f t his r ule shall comply with provisions in Rule 200-Permit Requirements of these rules for permit renewal and shall reset the five year permit term. 303 PERMIT REVIEW BY THE EPA AND AFFECTED STATES: 303.1 Except a s p rovided i n Section 30 1.5 of t his r ule an d as wai ved b y t he Administrator, for each Title V permit, a copy of each of the following shall be provided to the Administrator as follows: a. The applicant shall provide a complete copy of the application, including any attachments, compliance plans, and other information required by Section 301.4 of this rule at the time of submittal of the application to the Control Officer. b. The Co ntrol O fficer s hall p rovide t he p roposed f inal p ermit a fter public and affected State review. c. The Co ntrol O fficer s hall p rovide t he fi nal p ermit at t he t ime o f issuance. 303.2 The Control Officer may require the application information to be submitted in a computer-readable format compatible with the Administrator’s national database management system. 303.3 The Control Officer shall keep all records associated with all permits including those records containing the calculations and rationale supporting the Control Officer's decision to issue a permit for a minimum of five years from permit issuance. 303.4 No permit for which an application is required to be submitted to the Administrator under Section 303.1 of this rule shall be issued if the Administrator properly objects to its issuance in writing within 45 days of receipt of the proposed final permit from the Control Officer and all necessary supporting information. 210.16 303.5 Review By Affected States: a. For each Title V permit, the Control Officer shall provide notice of each proposed permit to any affected State on or before the time that t he Co ntrol O fficer p rovides t his n otice t o t he p ublic as required under Section 408 of this rule except to the extent Section 405 of this rule requires the timing of the notice to be different. b. If t he Co ntrol O fficer r efuses t o ac cept a r ecommendation o f any affected State submitted during the public or affected State review period, the Control Officer shall notify the Administrator and the affected St ate i n wr iting. T he n otification s hall i nclude t he Co ntrol Officer's r easons fo r n ot ac cepting an y s uch r ecommendation a nd shall b e p rovided t o t he A dministrator as p art o f t he s ubmittal of the proposed final permit. The Control Officer shall not be required to ac cept r ecommendations t hat ar e n ot based o n fe deral applicable requirements or requirements of state law. 303.6 Any person who petitions the Administrator under 40 C.F.R. 70.8(d) shall notify the Control Officer by certified mail of such petition as soon as possible, b ut i n n o c ase more t han 1 0 d ays f ollowing su ch p etition. Such notice shall include the grounds for objection and whether such objections were raised during the public comment period. A petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day administrative review period and prior to the Administrator’s objection. 303.7 If t he Control O fficer has i ssued a p ermit prior t o re ceipt o f t he Administrator’s objection under this rule, and the Administrator indicates that a permit should be revised or revoked and reissued, the Control Officer s hall respond consistent w ith R ule 2 00-Permit R equirements of these rules and may thereafter issue only a revised permit that satisfies the Administrator’s objection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete application. 303.8 Prohibition On Default Issuance: 304 a. No Title V permit including a permit renewal or revision shall be issued until affected States and the Administrator have had an opportunity to review the proposed permit. b. No permit or renewal shall be issued unless the Control Officer has acted on the application. EMISSION STANDARDS AND LIMITATIONS: Wherever a pplicable requirements ap ply d ifferent s tandards o r l imitations t o a s ource for t he s ame item, all applicable requirements shall be included in the permit. 210.17 305 COMPLIANCE PLAN; CERTIFICATION: 305.1 All permits shall contain the following elements with respect to compliance: a. The following monitoring requirements sufficient to assure compliance with the terms and conditions of the permit: (1) Any emissions monitoring and analysis procedures or test methods r equired u nder t he ap plicable r equirements, including an y p rocedures an d me thods p romulgated u nder Section 114(a)(3) or 504(b) of the Act; (2) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may c onsist o f r ecordkeeping d esigned t o s erve as monitoring), periodic monitoring sufficient to yield reliable data fr om t he r elevant t ime p eriod t hat ar e r epresentative of the source's compliance with the permit, as reported under Section 305.1(c) of this rule. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirements; and (3) Requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. b. All a pplicable r ecordkeeping r equirements, as d escribed i n Section 302.1(d) of this rule. c. All applicable reporting requirements including the following: (1) Submittal of reports of any required monitoring at least every six months. All instances of deviations from permit requirements s hall b e clearly i dentified i n su ch r eports. All required reports shall be certified by a responsible official consistent with Section 305.1(e) of this rule. (2) Reporting wi thin two working d ays fr om k nowledge o f deviations from permit r equirements, including those attributable to upset conditions as defined in the permit and the probable cause of such deviations. Reporting within a reasonable t ime o f an y l ong-term c orrective a ctions or preventative measures taken. 210.18 d. e. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following: (1) The frequency for submissions of compliance certifications, which shall not be less than annually; (2) The means to monitor the compliance of the source with its emissions limitations, standards, and work practices; (3) A r equirement t hat t he compliance c ertification i nclude t he following: (a) The identification of each term or condition of the permit that is the basis of the certification; (b) The compliance status; (c) Whether compliance was continuous or intermittent; (d) The method(s) used for determining the compliance status of the source, currently and over the reporting period; and (e) Other fa cts t he Co ntrol O fficer may r equire to determine the compliance status of the source. (4) A requirement that all compliance certifications be submitted to the Control Officer and to the Administrator; (5) Additional requirements specified in Sections 114(a)(3) and 504(b) of the Act or under Rule 220-Non-Title V Permit Provisions, Se ction 3 04-Permits Co ntaining Voluntarily Accepted Emissions Limitations, Controls, Or Other Requirements (Synthetic Minor) of these rules. A r equirement fo r an y document r equired t o b e s ubmitted b y a permit, including reports, to contain a certification by a r esponsible official of truth, accuracy, and completeness. This certification and any other certification required under this rule shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 210.19 f. g. Inspection an d e ntry p rovisions w hich r equire t he p ermittee t o allow t he Co ntrol O fficer, u pon p resentation o f p roper c redentials, to: (1) Enter up on t he permittee's p remises where a s ource is located or emissions-related activity is conducted, or where records are required to be kept under the conditions of the permit; (2) Have access to and copy, at reasonable times, any records that ar e r equired t o b e k ept u nder t he c onditions o f t he permit; (3) Inspect, at reasonable times, any sources, equipment (including mo nitoring an d ai r p ollution c ontrol equipment), practices, o r o perations r egulated o r required under t he permit; (4) Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements; and (5) To record any inspection by use of written, electronic, magnetic, and photographic media. A compliance plan that contains all of the following: (1) A description of the compliance status of the source with respect to all applicable requirements. (2) A description as follows: (a) For applicable requirements with which the source is in c ompliance, a s tatement t hat t he s ource will continue to comply with such requirements. (b) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. (c) For requirements with which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements. 210.20 (3) (4) A compliance schedule as follows: (a) For applicable requirements with which the source is in c ompliance, a s tatement t hat t he s ource will continue to comply with such requirements. (b) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A s tatement t hat t he s ource wi ll me et i n a timely manner applicable requirements that become effective during the permit term shall satisfy this rule, u nless a m ore d etailed s chedule i s expressly required by the applicable requirement. (c) A schedule of compliance for sources that are not in compliance wi th a ll ap plicable r equirements at t he time of permit issuance. Such a schedule shall include a s chedule o f r emedial m easures, i ncluding an enforceable sequence of actions with milestones, leading t o c ompliance wi th a ny ap plicable requirement for wh ich t he s ource wi ll b e i n noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. A schedule for submission of certified p rogress r eports no less fr equently t han every six months fo r s ources r equired to have a s chedule o f compliance t o r emedy a v iolation. Such schedule shall contain: (a) Dates f or a chieving t he a ctivities, m ilestones, or compliance r equired i n t he s chedule o f co mpliance, and d ates wh en s uch ac tivities, mi lestones o r compliance were achieved; and (b) An explanation of why any dates in the schedule of compliance we re n ot o r wi ll n ot b e me t, an d an y preventive or corrective measures adopted. 210.21 (5) h. The compliance plan content requirements specified in Section 305.1(g) of this rule shall apply and be included in the acid rain portion o f a compliance plan for an aff ected source, except as specifically superseded by regulations promulgated under Title IV of the Act and incorporated under Rule 371-Acid Rain of these rules with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is required. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 FEES REQUIRED: Persons subject to this rule shall pay the fees required, as set forth in Rule 280-Fees of these rules. 402 PERMIT TERM: A Title V Permit shall remain in effect for no more than five years. 403 SOURCE CHANGES ALLOWED WITHOUT PERMIT REVISIONS: 403.1 A source with a Title V permit may make changes without a permit revision if all of the following apply: a. The changes are not modifications under any provision of Title I o f the Act or under A.R.S. §49-401.01(24) or as defined in Rule 100General Provisions And Definitions of these rules. b. The changes do not result in emissions that exceed the emissions allowable under the permit whether expressed therein as a rate of emissions or in terms of total emissions. c. The changes do not violate any applicable requirements or trigger any additional applicable requirements. d. The changes meet all requirements for processing as a minor permit revision under Section 405 of this rule. e. The changes do not violate federally enforceable permit terms and conditions t hat ar e monitoring ( including t est me thods), recordkeeping, reporting, or compliance certification requirements. 210.22 403.2 The substitution of an item of process or pollution control equipment for an identical or substantially similar item of process or pollution control equipment shall qualify as a change that does not require a permit revision, if it meets all of the requirements of Sections 403.1, 403.4, and 403.5 of this rule. 403.3 Except fo r s ources wi th au thority t o o perate u nder g eneral p ermits, permitted sources may trade increases and decreases in emissions within the permitted source, as established in the permit under Section 302.1(l) of this rule, where an applicable implementation plan provides for such emissions trades, without applying for a permit revision and based on the seven working days notice prescribed in Section 403.4 of this rule. This provision is available in those cases where the permit does not already provide fo r s uch e missions t rading, an d s hall n ot i nclude an y e missions units fo r wh ich emissions ar e n ot q uantifiable n or fo r wh ich t here ar e n o replicable procedures to enforce the emissions trades. 403.4 For each such change under Sections 403.1 and 403.3 of this rule, a written notice either by hand delivery or by certified mail shall be received by the Control Officer and the Administrator, a mi nimum of seven working days i n ad vance o f t he c hange. N otifications o f changes as sociated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided less than seven working days in advance of the c hange b ut mu st b e p rovided as far i n ad vance o f t he change, o r i f advance n otification i s not p racticable, as s oon aft er t he change a s possible. 403.5 Each notification shall include: a. When the proposed change will occur. b. A description of each such change. c. Any change in emissions of regulated air pollutants. d. The pollutants emitted subject to the emissions trade, if any. e. The provisions in the implementation plan that provide for the emissions t rade with which the source will comply and an y other information as may be required by the provisions in the implementation plan authorizing the trade. f. If the emissions trading provisions of the implementation plan are invoked, t hen t he p ermit r equirements wi th w hich t he s ource wi ll comply. 210.23 g. Any permit term or condition that is no longer applicable as a result of the change. 403.6 The p ermit s hield d escribed i n Se ction 4 07 o f t his r ule s hall n ot ap ply t o any change made under Section 403.1 through Section 403.3 of this rule. Compliance wi th t he p ermit r equirements t hat t he s ource wi ll me et u sing the emissions trade shall be determined according to requirements of the implementation plan authorizing the emissions trade. 403.7 Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another, as provided in Section 302.1(k) of this rule, shall not require any prior notice under this rule. 403.8 Notwithstanding any other part of this rule, the Control Officer may require a permit to be revised for any change that, when considered together with any other changes submitted by the same source under this rule over the term of the permit, does not satisfy Section 403.1 of this rule. 403.9 The Control Officer shall make available to the public monthly summaries of all notices received under this rule. 404 ADMINISTRATIVE PERMIT AMENDMENTS: 404.1 Except for p rovisions t o T itle IV o f t he Act, a n a dministrative p ermit amendment is a permit revision that does any of the following: a. Corrects typographical errors; b. 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; c. Requires mo re fr equent monitoring o r reporting by t he p ermittee; or d. Allows for a change in ownership or operational control of a source under Rule 200-Permit Provisions of these rules, where the Control Officer determines that no other change in the permit is necessary, provided t hat a wr itten ag reement c ontaining a s pecific d ate fo r transfer of permit responsibility coverage and liability between the current a nd n ew p ermittee h as b een s ubmitted t o t he Control Officer. 404.2 Administrative permit amendments to Title IV provisions of the permit shall be governed by regulations promulgated by the Administrator under Title IV of the Act or incorporated under Rule 371-Acid Rain of these rules. 210.24 404.3 The Co ntrol O fficer s hall t ake n o mo re t han 6 0 d ays fr om r eceipt o f a request for an administrative permit amendment to take final action on such r equest. Title V permits may incorporate such c hanges wi thout providing notice to the public or affected States provided that such permits designate that such permit revisions have been made under this rule. 404.4 The Control Officer shall submit a copy of Title V permits revised under this rule to the Administrator. 404.5 Source's Ability To Make A Change: Except fo r p ermit t ransfers described i n R ule 2 00-Permit P rovisions of t hese r ules, t he s ource may implement the changes addressed in the request for an administrative permit amendment immediately upon submittal of the request. 405 MINOR PERMIT REVISIONS: 405.1 Minor permit revision procedures may be used only for those changes at a Title V source that satisfy all of the following: a. Do not violate any applicable requirement; b. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the permit; c. Do not require or change: d. (1) A case-by-case determination of an emission limitation or other standard, (2) A source specific determination of ambient impacts, or (3) A visibility or increment analysis. Do not seek to establish nor to change a Title V permit term or condition for which there is no corresponding underlying applicable requirement and t hat t he Title V source h as as sumed i n o rder t o avoid an applicable requirement to which the Title V source would otherwise be subject. Such terms and conditions include: (1) A fe derally e nforceable e missions c ap wh ich t he Title V source would assume to avoid classification as a modification under any provision of Title I of the Act; and (2) An al ternative e missions l imit ap proved u nder r egulations promulgated under the Section 112(i)(5) of the Act. 210.25 e. Are n ot modifications under an y p rovision o f T itle I o f t he A ct o r Rule 372 -Maricopa County Hazardous Air P ollutants (HAPs) Program of these rules. f. Are not changes in fuels not represented in the permit application or provided for in the Title V permit. g. The increase in the Title V source's potential to emit for any regulated ai r p ollutant i s n ot s ignificant as d efined i n Rule 1 00General Provisions And Definitions of these rules. h. Are not required to be processed as a significant permit revision under Section 406 of this rule. 405.2 As approved by the Control Officer, minor permit revision procedures may be us ed for Title V permit revisions involving the u se of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit revision procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the Administrator. 405.3 To request a mi nor permit revision, a s ource shall complete the “Standard Permit Application Form” and shall include the following information: a. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; b. For any source that is making the change immediately after it files the application, the Title V source's suggested draft permit; and c. Certification by a responsible official, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that such procedures be used. 405.4 EPA And Affected State Notification: Within five working days of the Control O fficer’s receipt o f an ap plication fo r a minor p ermit r evision, t he Control O fficer s hall n otify t he A dministrator a nd affe cted St ates o f t he requested permit revision in accordance with Section 303 of this rule. 210.26 405.5 The Control Officer shall not issue a final permit revision until after the Administrator’s 45-day review period or until the Administrator has notified the Control Officer that the Administrator will not object to issuance of the permit revision, whichever is first. Although, the Control Officer may approve the permit revision prior to that time. Within 90 days of the Control O fficer's r eceipt of an ap plication u nder mi nor p ermit revision procedures, or 15 days after the end of the Administrator’s 45-day review period, whichever is later, the Control Officer shall do one or more of the following: a. Issue the permit revision as proposed; b. Deny the permit revision application; c. Determine t hat t he p roposed p ermit r evision d oes no t m eet t he minor p ermit r evision c riteria a nd s hould b e r eviewed u nder t he significant permit revision procedures; and/or d. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as required in Section 303 of this rule. 405.6 Source's Ability To Make Change: The s ource may make t he change proposed i n i ts m inor p ermit r evision application immediately after i t files the application. After the s ource makes the change allowed by the preceding sentence, and until the Control Officer takes any of the actions specified i n Section 405.5 of t his r ule, t he so urce sh all comply w ith b oth the ap plicable requirements g overning t he c hange an d t he p roposed revised permit t erms a nd c onditions. During t his time period, the Title V source need not comply with the existing p ermit t erms an d conditions i t seeks to modify. However, if the Title V so urce fails to comply with its proposed permit terms and conditions during this time period, the Control Officer may enforce existing permit terms and conditions, which the Title V source seeks to revise. 405.7 Permit Shield: The permit shield under Section 407 of this rule shall not extend to minor permit revisions. 405.8 Notwithstanding any other part of this rule, the Control Officer may require a permit to be revised under Section 406 of this rule for any change that, when considered together with any other changes submitted by the same source under this rule or under Section 404 of this rule over the life of the permit, do not satisfy Section 405.1 of this rule. 405.9 The Control Officer shall make av ailable to the public monthly summaries of all applications for minor permit revisions. 210.27 406 SIGNIFICANT PERMIT REVISIONS: 406.1 A s ignificant p ermit r evision s hall b e u sed for an application r equesting a permit revision that does not qualify as a minor permit revision nor as an administrative permit amendment. 406.2 A s ignificant p ermit r evision t hat i s o nly required b ecause o f a c hange described i n Section 405.1(f) or Section 405.1(g) of this rule shall not be considered a significant permit revision under Part 70 for the purposes of 40 C.F.R. 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 permit revision procedures. 406.3 Any mo dification t o a maj or s ource o f fe derally l isted h azardous ai r pollutants, and any reconstruction of a source, or a process or production unit, under Section 112(g) of the Act and regulations promulgated thereunder, shall follow significant permit revision procedures and Rule 372-Maricopa Co unty H azardous A ir P ollutants ( HAPs) P rogram o f t hese rules. 406.4 All modifications to sources subject to Rule 372-Maricopa County Hazardous Air Pollutants (H APs) Program of these rules shall follow significant permit revision procedures. 406.5 Significant permit revisions shall meet all requirements of this rule for applications, public participation, review by affected States, and review by the Administrator, that apply to permit issuance and renewal. 406.6 The Control Officer shall process the majority of significant permit revision applications received each calendar year within nine months of receipt of a complete p ermit ap plication b ut i n n o c ase l onger t han 1 8 mo nths. Applications f or which the Co ntrol O fficer undertakes t he ac celerated permitting process, under Rule 200, Section 312 of these rules, shall not be included in this requirement. Section 406.7 of this rule does not change any time-frame requirements in Section 301 of this rule. 407 PERMIT SHIELDS: 407.1 Each Title V permit issued under this rule shall specifically identify all federal, state, and local air pollution control requirements applicable to the Title V source at the time the Title V p ermit is issued. The Title V permit shall state that compliance with the conditions of the Title V permit shall be deemed compliance with any applicable requirement as of the date of Title V permit issuance, provided that such applicable requirements are included and expressly identified in the Title V permit. The Control Officer may include in a Title V permit determination that other requirements specifically identified are not applicable. Any Title V permit issued under 210.28 this rule that does not expressly state that a permit shield exists shall not provide such a shield. 407.2 Nothing in this rule or in any permit shall alter or affect the following: a. The provisions of Section 303 of the Act-Emergency Orders, including the authority of the Administrator under that section. b. 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. c. The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act. d. The ab ility o f t he A dministrator o r o f t he Co ntrol O fficer t o o btain information from a source under Section 114 of the Act, or any provision of State law. e. The authority of the Control Officer to require compliance with new applicable requirements adopted after the permit is issued. 407.3 In ad dition t o t he p rovisions o f R ule 200-Permit R equirements of t hese rules, a permit shall be reopened by the Control Officer and the permit shield r evised, when it is determined that standards or conditions in the permit are based on incorrect information provided by the applicant. 408 PUBLIC PARTICIPATION: 408.1 The Control Officer shall provide public notice, an opportunity for public comment, a nd an o pportunity fo r a hearing b efore t aking an y o f t he following actions for a source required to obtain a permit under Title V of the Clean Air Act: a. Issuing or renewing a permit. b. Issuing a significant permit revision. c. Revoking and reissuing or reopening a permit. d. Issuing a conditional order under Rule 120-Conditional Orders of these rules. e. Granting a variance from a g eneral permit under Rule 230-General Permits of these rules and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules. 210.29 408.2 The Control Officer shall provide public notice of receipt of complete applications for major sources by publishing a notice in a newspaper of general circulation in Maricopa County. 408.3 The Control Officer shall provide the notice required under Section 408.1 of this rule as follows: a. The Control Officer shall publish the notice once each week for two consecutive weeks in two newspapers of general circulation in the county where the source is or will be located. b. The Control Officer shall mail a copy of the notice to persons on a mailing list developed by the Control Officer consisting of those persons wh o have requested i n w riting t o b e placed o n s uch a mailing list. c. The Control Officer shall give notice by other means if necessary to assure adequate notice to the affected public. 408.4 The notice required by Section 408.3 of this rule shall include the following: a. Identification of the affected facility; b. Name and address of the permittee or applicant; c. Name a nd ad dress o f the p ermitting au thority p rocessing t he permit action; d. The activity or activities involved in the permit action; e. The emissions change involved in any permit revision; f. The air contaminants to be emitted; g. A s tatement t hat any p erson may s ubmit wr itten c omments, o r a written request for a public hearing, or both, on the proposed permit action along with the deadline for such requests or comments; h. The name, address, and telephone n umber of a person from the Department from whom additional information may be obtained; i. Locations where copies of the permit or permit revision application, the proposed permit, and all other materials available to the Control Officer t hat ar e r elevant t o t he p ermit d ecision may b e r eviewed, including t he c losest Department office, a nd t he t imes at w hich such materials shall be available for public inspection; 210.30 j. A summary of any notice of confidentiality filed under Rule 100General Provisions And Definitions of these rules; and k. If applicable, a statement that the source has submitted a risk management analysis (RMA) under Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules. l. A statement in the public record if the permit or permit revision would result in the generation of emission reduction credits under A.A.C. R 18-2-1204-Title 18, C hapter 2, Ar ticle 12 or t he u tilization of e mission r eduction c redits u nder A .A.C. R 18-2-1206-Title 18, Chapter 2, Article 12. 408.5 The Control Officer shall hold a public hearing to receive comments on petitions for conditional orders, which would vary from requirements of the applicable implementation plan. For all other actions involving a proposed permit, the Control Officer shall hold a public hearing only upon written request. If a p ublic hearing is requested, the Control Officer shall schedule the hearing and publish notice as described in A.R.S. §49-498 and in Section 408.4 of this rule. The Control Officer shall give notice of any public hearing at least 30 days in advance of the hearing. 408.6 At t he t ime t he Control O fficer p ublishes t he first n otice u nder Section 408.3(a) of t his r ule, t he ap plicant s hall p ost a n otice c ontaining t he information required in Section 408. 4 of this rule at the site where the source is or may be located. Co nsistent with federal, State, and local law, the posting shall be prominently placed at a location under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public u sing t he p ublic roadway. If a p ublic hearing i s t o b e h eld, t he applicant shall place an additional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is closed. 408.7 The Control Officer shall provide at least 30 days from the date of the first notice for public comment. The Control Officer shall keep a record of the commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a fi nal d ecision i s mad e, t he r ecord an d c opies o f t he Co ntrol O fficer's responses shall be made available to the applicant and to all commenters. SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 210.31 BLANK PAGE 210.32 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 220 NON-TITLE V PERMIT PROVISIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS (NOT APPLICABLE) SECTION 300 - STANDARDS 301 PERMIT APPLICATION PROCESSING PROCEDURES 302 PERMIT CONTENTS 303 COMPLIANCE PLANS 304 PERMITS CO NTAINING V OLUNTARILY A CCEPTED E MISSIONS L IMITATIONS, CONTROLS, OR OTHER REQUIREMENTS (SYNTHETIC MINOR) SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 FEES REQUIRED 402 PERMIT TERM 403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT REVISIONS 404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE A NON-TITLE V PERMIT REVISION 405 PERMIT REVISIONS 406 PERMIT REVISIONS PROCEDURES 407 PUBLIC PARTICIPATION 408 AMENDMENTS TO A PERMIT 220.1 SECTION 500 - MONITORING AND RECORDS 501 LOG RETENTION REQUIREMENT 502 LOG FORMAT SPECIFICATIONS 503 LOG FILING 220.2 Revised 07/13/88 Repealed And Adopted 11/15/93 Revised 02/15/95 Revised 06/19/96 Revised 03/04/98 Revised 07/26/00 Revised 05/07/03 Revised 06/06/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 220 NON-TITLE V PERMIT PROVISIONS SECTION 100 - GENERAL 101 PURPOSE: To provide an orderly procedure for the review of Non-Title V sources of air pollution through the issuance of Non-Title V permits. 102 APPLICABILITY: This rule applies to each source requiring a Non-Title V permit or permit revision. SECTION 200 - DEFINITIONS (NOT APPLICABLE) See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are used but not specifically defined in this rule. SECTION 300 - STANDARDS 301 PERMIT APPLICATION PROCESSING PROCEDURES: 301.1 Standard Application Form And Required Information: To apply for a permit under this rule, applicants shall complete a permit application filed in t he man ner an d fo rm p rescribed b y t he Co ntrol O fficer. T he Co ntrol Officer, either upon the Control Officer's own initiative or upon the request of a p ermit applicant, may waive the requirement that specific information or data for a particular source or category of sources be submitted in the Non-Title V p ermit a pplication. However, t he Co ntrol O fficer mu st determine that the information or data would be unnecessary to determine all of the following: a. The applicable requirements to which the source may be subject; b. The design and control of the air pollution control equipment such that the source may be expected to operate without emitting or without causing to be emitted air contaminants in violation of these rules; 220.3 c. The fees to which the source may be subject under Rule 280-Fees of these rules; and d. A p roposed e mission l imitation, c ontrol, o r o ther r equirement t hat meets the requirements of Section 304 of this rule. 301.2 Permit Application And A Compliance Plan: a. A permit application, required by this rule, shall include a compliance p lan, if applicable, which m eets t he r equirements o f Section 303 of this rule when a notice of violation has been issued and not resolved at the time the permit application is filed. b. A permit application, required by this rule, can include a compliance plan, if applicable, which meets the requirements of Section 303 of this rule when the following circumstances occur: (1) When a source is not in compliance with these rules but has not been issued a notice of violation, (2) Under other circumstances determined by the Control Officer. 301.3 A Timely Permit Application: a. Unless o therwise r equired by Rule 2 00-Permit Requirements of these rules and for purposes of permit renewal, a timely application is one that is submitted at least six months, but not more than 18 months, prior to the date of permit expiration. b. Unless o therwise r equired by Rule 2 00-Permit Requirements of these rules and for any existing source which becomes subject to a standard promulgated by the Administrator under Section 112(d) of the Act-Hazardous Air Pollutants-Emission Standards, a timely application is a permit revision application that is submitted within 12 months of the date on which the standard is promulgated. Such permit r evision a pplication sh all b e su bject t o R ule 2 10-Title V Permit Provisions of these rules. 301.4 A complete application is one that satisfies all of the following: a. To b e c omplete, an application s hall p rovide al l i nformation required under Section 301.1 of this rule, except that notifications of permit revision need supply such information only if it is related to the proposed change. A responsible official shall certify the submitted information, consistent with Section 301.6 of this rule. 220.4 b. To be complete, an application for a new permit or a notification of a permit revision shall contain an assessment of the applicability of the requirements of Rule 241-Permits For New Sources And Modifications To Existing S ources of these rules and shall comply with al l ap plicable requirements o f R ule 2 41-Permits F or N ew Sources And Modifications To Existing Sources of these rules. c. To be complete, an application for a new permit or a notification of a permit revision shall contain an assessment of the applicability of the requirements established u nder Rule 372-Maricopa Co unty Hazardous Air Pollutants (HAPs) Program of these rules. If the proposed new source permit or the proposed permit revision is subject to the requirements of Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules, the application s hall comply wi th al l applicable r equirements o f R ule 372-Maricopa Co unty H azardous A ir P ollutants ( HAPs) P rogram o f these rules. d. An application for a new permit, a notification of a permit revision, or a permit renewal shall be deemed to be complete unless the Control Officer notifies the applicant by certified mail within 60 days of receipt of the application that the application is not complete and specifies what additional information is necessary for the application to be complete. e. If, wh ile p rocessing an application t hat h as b een d etermined o r deemed to be complete, the Control Officer determines that additional i nformation i s n ecessary t o e valuate o r t o t ake fi nal action o n t hat ap plication, t he Co ntrol O fficer may r equest s uch information in writing and may set a reasonable deadline for a response. Except for minor permit revisions procedures as set forth in Section 406 of this rule, a source's ability to continue operating without a permit, as set forth in this rule, shall be in effect from the date the application is determined to be complete until the final permit is issued, provided that the applicant submits any requested additional i nformation b y the d eadline specified b y t he Control Officer. The Control Officer may, after one submittal by the applicant u nder t his r ule, r eject an ap plication t hat i s s till determined t o b e i ncomplete an d s hall n otify t he ap plicant o f t he decision by certified mail. f. The completeness determination shall not apply to revisions processed through the minor permit revision process. g. The Co ntrol O fficer agrees wi th t he n otice of c onfidentiality submitted under A.R.S. §49-487. 220.5 h. Any emission source or equipment item listed in Rule 200-Permit Requirements of these rules shall be included in the application. The ap plication need n ot p rovide e missions d ata r egarding t he activities l isted i n R ule 2 00-Permit R equirements of t hese r ules. If the Control Officer determines that a source or an activity listed on the application does not meet the requirements of Rule 200-Permit Requirements of t hese r ules, t he Co ntrol O fficer s hall n otify t he applicant i n wr iting a nd s pecify ad ditional i nformation r equired, which may include emissions data and supporting documents. i. If a source wishes to voluntarily enter into an emissions limitation, control, or other requirement pursuant to Section 304 of this rule, a source shall describe that emissions limitation, control, or other requirement i n i ts ap plication, al ong wi th p roposed as sociated monitoring, r ecordkeeping, a nd r eporting r equirements n ecessary to demonstrate that the emissions limitation, control, or other requirement is permanent, quantifiable, and otherwise enforceable as a practical matter. 301.5 Duty To Supplement Or Correct Application: Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional i nformation as n ecessary t o ad dress an y r equirements t hat become ap plicable t o t he source after the date it filed a complete application but prior to release of a proposed permit. 301.6 Action On Application: a. The Control Officer may issue a p ermit with a compliance schedule for a source that is not in compliance with all applicable requirements at the time of permit issuance. b. For Non-Title V permits that contain voluntary emission limits, controls, or other requirements established under Section 304 of this rule, the Control Officer shall have complied with the requirement o f Section 304. 4 of t his r ule t o p rovide t he Administrator with a copy of each such proposed permit. In addition, t he Co ntrol O fficer m ay i ssue, r evise, o r r enew a p ermit only if all of the following conditions have been met: (1) The permit application received must be complete according to Section 301.4 of this rule. 220.6 c. d. (2) Except for revisions qualifying as administrative or minor under Sections 405.1 a nd 405. 2 of t his rule, all o f t he requirements for p ublic n otice and p articipation u nder Section 407 of this rule must have been met. (3) The c onditions o f t he p ermit s hall r equire compliance wi th all applicable requirements. (4) For permits for which an application is required to be submitted t o t he Administrator u nder S ection 304 o f t his rule, and to which the Administrator has properly objected to its issuance in writing within 45 days of receipt of the proposed fi nal p ermit an d al l n ecessary supporting information from the Control Officer, the Control Officer has revised and s ubmitted a p roposed fi nal p ermit i n r esponse to the objection and the Administrator has not objected to this proposed final permit. The Control Officer may issue a notice of revocation of a permit issued under this rule if: (1) The Control Officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation. (2) The p erson applying for t he p ermit failed to disclose a material fact required by the permit application form or the regulation ap plicable t o t he p ermit, o f wh ich t he applicant had o r s hould h ave h ad k nowledge at t he time t he application was submitted. (3) The terms an d conditions of the permit h ave been o r are being v iolated an d t he v iolation h as n ot b een c orrected within a reasonable period of time as specified by the Control Officer. If the Control Officer issues a notice of denial or revocation of a permit under this rule, the notice shall be served on the applicant or permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the denial or revocation and explaining that the permit applicant or permittee is entitled to a hearing under A.R.S. §49-482. 220.7 e. Except as provided in Rule 200-Permit Requirements of these rules, the Control Officer shall take final action on each permit application (and request for revision or renewal) within 90 days of receipt of a complete application, unless a finding is made that more time is needed, b ut i n no c ase l onger t han nine months aft er r eceiving a complete application. 301.7 Except as noted under the provisions in Section 404 of this rule, no source may operate after the time that it is required to submit a timely and complete application, except in compliance with a permit issued under this rule. H owever, i f a source s ubmits a t imely an d c omplete ap plication fo r permit issuance, revision, or renewal, the source's failure to have a permit is not a violation of these rules until the Control Officer takes final action on the ap plication. This p rotection sh all c ease t o a pply i f, su bsequent t o t he completeness determination, the applicant fails to submit, by the deadline specified in writing by the Control Officer, any additional information identified as being needed to process the application. If a source submits a timely and complete application for a permit renewal, but the Control Officer fails to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the permit renewal has been issued or denied. 302 PERMIT CONTENTS: following elements: Each p ermit i ssued u nder t his r ule s hall i nclude t he 302.1 The date of issuance and the permit term. 302.2 Enforceable emission limitations and standards, including those operational requirements and limitations that ensure compliance with all applicable requirements at the time of issuance, and operational requirements and limitations t hat h ave b een v oluntarily a ccepted u nder Se ction 3 04 o f t his rule, or that have been voluntarily accepted under Rule 201-Emissions Caps of these 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 s ource, the rule or combination of rules resulting i n t he l owest r ate o r l owest c oncentration o f r egulated ai r pollutants r eleased t o t he at mosphere s hall apply, u nless o therwise specifically exempted or designated. 302.3 A compliance plan, if applicable, which meets the requirements of Section 303 of this rule. 302.4 As nec essary, r equirements c oncerning t he u se, mai ntenance, an d i f applicable, installation of monitoring equipment or methods. 220.8 302.5 Periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit, if the a pplicable r equirement d oes no t r equire p eriodic t esting o r instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring). The monitoring requirements s hall e nsure u se o f t erms, t est m ethods, u nits, av eraging periods, and other statistical conventions consistent with the applicable requirement and as otherwise required under Section 304 of this rule. Recordkeeping provisions may be sufficient to meet the requirements of this rule. 302.6 All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated u nder S ection 1 14(a)(3) o f t he Act an d i ncluding an y monitoring and analysis procedures or test methods required under Section 304 of this rule. 302.7 All r ecordkeeping r equirements, i ncluding r ecordkeeping r equirements established under Section 304 of this rule, if applicable, for the retention of records of all required monitoring data and support information for a period of at l east five years from t he d ate o f the mo nitoring s ample, measurement, report, or application. Su pport information i ncludes all calibration an d m aintenance r ecords, all s trip-chart r ecordings for continuous mo nitoring i nstrumentation, a nd c opies o f a ll r eports r equired by the permit. 302.8 All applicable reporting requirements and require the submittal of any required monitoring reports at least annually. Upon request, such reporting requirements shall require prompt reporting of deviations from permit r equirements, i ncluding t hose d eviations at tributable to u pset conditions, a s d efined i n t he p ermit. Reports o f d eviations sh all i nclude the probable cause of the deviations and any corrective actions or preventative measures taken. For the purposes of this Section, reporting shall be considered prompt when such reporting is made in accordance with Rule 130-Emergency Provisions of these rules. 302.9 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. 302.10 Provisions stating that 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. 220.9 302.11 Provisions stating that the permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a p ermit r evision, r evocation an d r eissuance, o r t ermination, o r o f a notification of planned changes or anticipated non-compliance does not stay any permit condition. 302.12 Provisions stating that the permit does not convey any property rights nor does it convey exclusive privileges of any sort. 302.13 Provisions s tating t hat t he p ermittee s hall fu rnish t o t he Co ntrol O fficer, within a reasonable time, any information that the Control Officer may request in writing to determine whether cause exists for revising, revoking and r eissuing t he p ermit, o r te rminating th e p ermit, o r to d etermine compliance wi th t he p ermit. Upon r equest, t he p ermittee s hall a lso furnish, to the Control Officer copies of records required to be kept by the permit. 302.14 Provisions stating that any document required to be submitted by a permit, including reports, shall contain certification by a responsible official of truth, accuracy, and completeness under Rule 100-General Provisions And Definitions of these rules. 302.15 A provision to ensure that a source pays fees to the Control Officer under A.R.S. §49-480(D) and Rule 280-Fees of these rules. 302.16 Terms and conditions for reasonably anticipated operating scenarios identified b y t he s ource i n i ts ap plication as ap proved b y t he Co ntrol Officer. Such terms and conditions shall require the source, contemporaneously wi th making a c hange fr om o ne o perating s cenario to another, to record in a log at the permitted source a r ecord o f the scenario u nder wh ich i t i s o perating. The t erms and c onditions o f e ach such alternative scenario must meet all applicable requirements and the requirements of this rule. 302.17 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper credentials, to enter upon the permittee’s premises, where a source is located or where emissionrelated a ctivity i s c onducted, o r w here r ecords are r equired t o b e ke pt, under the conditions of the permit. 302.18 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper credentials, to have access to and to copy, at reasonable times, any records that are required to be kept under the conditions of the permit. 220.10 302.19 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper credentials, to inspect, at reasonable t imes, a ny s ource’s e quipment ( including mo nitoring an d ai r pollution c ontrol equipment), p ractices, o r o perations r egulated o r required under the permit. 302.20 Inspection and entry provisions which require the permittee to allow the Control O fficer, upon p resentation o f p roper c redentials, t o s ample o r monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements. 302.21 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of proper credentials, to record any inspection b y u se o f w ritten, e lectronic, mag netic, a nd p hotographic media. 302.22 Provisions specifying the conditions under which the permit will be reopened prior to the expiration date of the permit. 302.23 Federally Enforceable Requirements: Designated terms and conditions contained in Non-Title V permits issued under Rule 220-NonTitle V Permit Provisions of these rules will be considered federally enforceable, p rovided t hat t he Co unty's P ermit P rogram i s ap proved b y the Administrator and incorporated into the applicable State Implementation Plan (SIP) under Section 110 of the Act, and the permit meets the requirements set forth in Section 304 of this rule: a. b. Terms or conditions designated as federally enforceable in a NonTitle V p ermit, i ncluding b ut n ot l imited t o those t hat ar e e ntered into voluntarily under Section 304 of this rule and which have been submitted to the Administrator for review, include: (1) Emissions limitations, controls, or other requirements; and (2) Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls, or other requirements. The Control Officer shall specifically designate as not being federally enforceable u nder t he A ct an y t erms an d conditions i ncluded in a Non-Title V permit t hat are not required u nder the Act, or under any such applicable requirements, or that are not entered into voluntarily under Section 304 of this rule. 220.11 303 COMPLIANCE PLANS: Each compliance plan shall contain the following elements: 303.1 A d escription o f the compliance s tatus o f the s ource wi th r espect to applicable requirements that will become effective during the permit term or for which the source is not in compliance at the time of permit issuance. 303.2 A description as follows: a. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. b. For requirements with which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements. c. For additional requirements as may be specified under Section 304 of this rule. 303.3 A compliance schedule as follows: a. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet i n a timely man ner ap plicable r equirements t hat become effective during the permit term shall satisfy this rule, unless a more detailed schedule is expressly required by the applicable requirement. b. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a s chedule s hall i nclude a s chedule o f r emedial measures, including an e nforceable s equence o f a ctions wi th milestones, leading to compliance with any applicable requirement for which the source will be in non-compliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as t hat contained i n an y j udicial c onsent decree o r administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction non-compliance with, the applicable requirements on which it is based. 220.12 303.4 A s chedule for s ubmission o f c ertified p rogress reports n o l ess f requently than every six months for sources required to have a schedule of compliance to remedy a violation. Such schedule shall contain: a. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and b. An e xplanation o f w hy an y d ates i n t he s chedule o f c ompliance were not or will not be met, and any preventive or corrective measures adopted. 303.5 If there is a F ederal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is required. 303.6 The Control Officer may develop special guidance documents and forms to assist certain sources in completing the compliance plan. 304 PERMITS CONTAINING VOLUNTARILY ACCEPTED EMISSIONS LIMITATIONS, CONTROLS, OR OTHER REQUIREMENTS (SYNTHETIC MINOR): 304.1 A so urce m ay v oluntarily p ropose i n i ts a pplication, a nd a ccept i n i ts 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 Title V permit, or to avoid one or more other applicable requirements. For the purposes of this rule, "enforceable as a practical matter" means that specific means to assess compliance with an emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliance with the limit standard or trade provision to be readily determined by an inspection of the source records or reports. In addition, for the purposes of this rule, “enforceable as a practical matter” shall include the following criteria: a. The permit conditions are permanent and quantifiable; b. The permit includes a legally enforceable obligation to comply; c. The permit limits impose an objective and quantifiable operational or p roduction l imit, o r require t he u se o f i n-place a ir p ollution control equipment; d. The p ermit l imits h ave s hort-term a veraging t imes c onsistent w ith the averaging times of the applicable requirement; 220.13 e. The permit conditions are enforceable and are independent of any other applicable limitations; and f. The permit conditions for monitoring, recordkeeping, and reporting requirements are sufficient to comply with Rule 220-Non-Title V Permit P rovisions, Sections 302. 3, 3 02.4, 302. 5, 302.6, a nd 3 02.7 of these rules. 304.2 In order for a source to obtain a permit containing voluntarily accepted emissions l imitations, c ontrols, or o ther r equirements, t he s ource s hall demonstrate all of the following in its permit application: a. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an applicable requirement are at least as stringent as the emissions limitations, controls, or other requirements t hat wo uld o therwise b e applicable t o t hat s ource, including those that originate in an applicable implementation plan; and b. All v oluntarily a ccepted emissions l imitations, controls, o r o ther requirements wi ll b e permanent, q uantifiable, an d o therwise enforceable as a practical matter. 304.3 The Control Officer shall not issue a permit that waives nor makes less stringent an y l imitations or r equirements contained i n o r i ssued u nder an applicable implementation plan or that are otherwise federally enforceable. 304.4 At t he sa me t ime a s n otice o f p roposed i ssuance i s f irst p ublished u nder A.R.S. §49-426(D), the Control Officer shall send a copy of any Non-Title V permit proposed to be issued under Section 304 of this rule to the Administrator review during the comment period described in the notice under Section 407 of this rule. 304.5 The Control Officer shall send a copy of each final permit issued under Section 304 of this rule to the Administrator. 304.6 For a ll p ermits c ontaining v oluntarily a ccepted e mission l imitations, controls, or other requirements established under this section, the Control Officer shall provide an opportunity for public participation as provided for in Section 407 of this rule. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 FEES REQUIRED: Persons subject to this rule shall pay the fees required, as set forth in Rule 280-Fees of these rules. 402 PERMIT TERM: A Non-Title V permit shall remain in effect for no more than five years. 220.14 403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT REVISIONS: 403.1 A s ource wi th a Non-Title V p ermit may m ake any p hysical c hange o r change in the method of operation without revising the source's permit, unless t he c hange i s s pecifically p rohibited i n t he so urce's p ermit o r i s a change d escribed in t he f ollowing su bsections. A c hange t hat d oes n ot require a permit revision may still be subject to requirements in Section 404 of this rule. 403.2 The following changes at a source with a Non-Title V permit shall require a permit revision: a. A change that triggers a new applicable requirement or violates an existing applicable requirement; b. Establishment of, or change in, an emissions cap; c. A change t hat wi ll require a c ase-by-case determination of an emissions limitation or other standard, or a source specific determination o f ambient i mpacts, o r a v isibility o r i ncrement analysis; d. A change that results in emissions which are subject to monitoring, recordkeeping, or reporting under Sections 302.6, 302.7, and 302.8 of this rule, if the emissions cannot be measured or otherwise adequately q uantified b y m onitoring, r ecordkeeping, o r r eporting requirements already in the permit; e. 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; f. A change that requires the source to obtain a T itle V permit under Rule 210-Title V Permit Provisions of these rules; g. 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; h. Establishment or revision of an emissions limit under Section 304 of this rule; i. Increasing operating hours or rates of production above the permitted level; and j. Making a change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results: 220.15 404 (1) From r emoving e quipment t hat r esults i n a permanent decrease i n actual e missions, i f t he so urce k eeps o n-site records of the change in a log that satisfies Section 500 of this r ule an d i f t he r equirements t hat ar e r elaxed ar e present in the permit solely for the equipment that was removed; or (2) From a change in an applicable requirement. PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE A NONTITLE V PERMIT REVISION: 404.1 Except fo r a p hysical c hange o r change i n t he method o f o peration at a Non-Title V source requiring a permit revision under Section 403 of this rule or a change subject to logging or notice requirements in Section 404.2 of this rule or Section 404.3 of this rule, a change at a N on-Title V source shall not be subject to revision, notice, or logging requirements under these rules. 404.2 Except as otherwise provided in the conditions applicable to an emissions cap c reated und er R ule 201-Emissions C aps o f t hese r ules, t he f ollowing changes may be made if the source keeps on-site records of the changes according to Section 500 of this rule: a. Implementing an alternative operating scenario, including raw material changes; b. Changing process equipment, operating procedures, or making any other p hysical c hange i f t he p ermit r equires t he c hange t o b e logged; c. Engaging in any new exempted activity listed in Rule 200-Permit Requirements, Section 303.3(c) of these rules, but not listed in the permit; d. Replacing an item of air pollution control equipment listed in the permit with an identical (same model, different serial number) item. The Control Officer may require verification of efficiency of the new equipment by performance tests; and e. Making a c hange t hat r esults i n a d ecrease i n actual e missions, i f 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 220.16 quantifiable, enforceable, and otherwise qualifies as a creditable decrease. 404.3 Except as otherwise provided in the conditions applicable to an emissions cap c reated und er R ule 201-Emissions C aps o f t hese r ules, t he f ollowing changes may be made if the source provides written notice to the Control Officer in advance of the change as provided below: a. Replacing an item of air pollution control equipment listed in the permit with one that is not identical but that is substantially similar and has the same or better pollutant removal efficiency: 7 days. The Control Officer may require verification of efficiency of the new equipment by performance tests; b. Making a physical change or change in the method of operation that increases actual emissions more than 10% of the major source threshold for any conventional air pollutant but does not require a permit revision: 7 days; c. Replacing an item of air pollution control equipment listed in the permit with one that is not substantially similar but that has the same or better efficiency: 30 days. The Control Officer may require verification of efficiency of the new equipment by performance tests; d. Making any change that would trigger an applicable requirement that already exists in the permit: 30 days, unless otherwise required by the applicable requirement; e. Making a c hange t hat a mounts t o r econstruction o f t he s ource o r an affected facility: 7 days. For purposes of this section reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceed 50% of the fixed c apital cost o f a comparable entirely n ew s ource o r affected facility and the changes to the components have occurred over the 12 consecutive months beginning with commencement of construction; and f. Making a change that will result in the emissions of a new regulated air pollutant above an applicable regulatory threshold, but that does not trigger a new applicable requirement for that source category: 30 days. For purposes of this requirement, an applicable regulatory threshold fo r a conventional ai r p ollutant s hall b e 1 0% o f t he applicable major source threshold for that pollutant. 220.17 404.4 For each change under Section 404.3 of this rule, the written notice shall be by certified mail or hand delivery and shall be received by the Control Officer the minimum amount of time in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided with less than required notice, but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the change, as possible. 404.5 The written notice shall include: a. When the proposed change will occur; b. A description of the change; c. Any change in emissions of regulated air pollutants; and d. Any permit term or condition that is no longer applicable as a result of the change. 404.6 Notwithstanding an y o ther p art o f t his s ection of t his rule, t he Co ntrol Officer m ay r equire a p ermit t o b e r evised fo r any c hange t hat, w hen considered together with any other changes submitted by the same source under t his s ection o f t his r ule o ver t he t erm o f the p ermit, constitutes a change under Section 403.2 of this rule. 404.7 If a source change is described under both Section 404.2 of this rule and Section 4 04.3 of t his r ule, t he s ource s hall c omply wi th Section 4 04.3 of this rule. 404.8 If a source change is described under both Section 404.3 of this rule and Section 4 03.1 of t his r ule, t he s ource s hall c omply wi th Section 4 03.1 of this rule. 404.9 A source may implement any change under Section 404.3 of this rule without the required notice by applying for a minor permit revision under Section 405.2 of this rule and complying with Section 406.1 of this rule. 405 PERMIT REVISIONS: 405.1 Administrative Permit Revisions: a. An administrative permit revision is required typographical errors in a Non-Title V Permit. 220.18 to correct b. An ad ministrative p ermit r evision i s r equired t o c hange t he n ame, address, or phone number of any person identified in the Non-Title V permit. c. An a dministrative p ermit r evision i s r equired t o c hange o wnership or operational control of a source with a N on-Title V permit, where the Control Officer determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for the change of permit responsibility and liability between the current and new permittee has been submitted to the Control Officer. d. Incorporates any other type of change which the Control Officer has d etermined t o b e s imilar t o t hose c hanges d escribed i n t his subsection. 405.2 Minor Permit Revisions: a. Minor permit r evision procedures shall be used f or a c hange t hat triggers a new applicable requirement, if all of the following apply: (1) For emissions units not subject to an emissions cap, the net emissions increase is less than the significance level defined in Rule 100-General Provisions And Definitions of these rules; (2) A c ase-by-case d etermination o f an emissions l imitation o r other standard is not required; and (3) The change does not require the source to obtain a Title V permit u nder R ule 2 10-Title V P ermit P rovisions o f t hese rules. b. Minor permit r evision procedures shall be used f or a c hange t hat increases operating hours or rates of production above the permitted level, unl ess the increase otherwise cr eates a condition that requires a non-minor permit revision; c. Minor permit revision procedures shall be used for a change in fuel from fuel oil or coal to natural gas or propane, if not authorized in the permit; 220.19 d. Minor permit r evision procedures shall be used for a c hange t hat results in emissions su bject t o m onitoring, recordkeeping, o r reporting under Sections 302.6, 302.7, or 302.8 of this rule and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; e. Minor permit r evision procedures shall be used for a c hange t hat decreases emissions permitted under an emissions cap under Rule 201-Emissions Caps of these rules, unless the decrease requires a change in the conditions required to enforce the emissions cap or to ensure that emissions trades conducted under the emissions cap are quantifiable and enforceable; and f. Minor permit r evision procedures shall be used f or a c hange t hat replaces an i tem o f ai r pollution c ontrol equipment l isted i n t he permit with one that does not have the same or better efficiency. 405.3 Non-Minor Permit Revisions: A source with a Non-Title V permit shall make the following changes o nly after its permit is revised following the public participation requirements of Section 407 of this rule: a. Establishing or revising a voluntarily accepted emission limitation or standard described in Section 304 of this rule, or an emissions cap described i n R ule 2 01-Emissions C aps of t hese r ules, ex cept a decrease i n t he l imitation au thorized b y Section 405. 2(e) of t his rule; b. Making any change in fuel not authorized by the Non-Title V permit and that is not fuel oil or coal to natural gas or propane; c. A change to, or an addition of, an emissions unit not subject to an emissions cap that will result in a net emissions increase of a pollutant greater than the significance level defined in Rule 100General Provisions And Definitions of these rules; d. A c hange t hat r elaxes mo nitoring, r ecordkeeping, o r r eporting requirements, except when the change results: (1) From r emoving e quipment t hat r esults i n a permanent decrease i n actual e missions, i f t he so urce k eeps o n-site records of the change in a log that satisfies Section 500 of this r ule an d i f t he r equirements t hat ar e r elaxed ar e present in the permit solely for the equipment that was removed; or (2) From a change in an applicable requirement. 220.20 e. A change that will cause the source to violate an existing applicable requirement, including the conditions establishing an emissions cap; f. A change that will require any of the following: g. 406 (1) A case-by-case determination of an emission limitation or other standard; (2) A s ource-specific d etermination o f amb ient i mpacts o r a visibility or increment analysis; or (3) A c ase-by-case d etermination o f a recordkeeping, and reporting requirement. monitoring, A change that requires the source to obtain a Title V permit under Rule 210-Title V Permit Provisions of these rules. PERMIT REVISIONS PROCEDURES: 406.1 The Source’s Responsibility For A Notification Of A Permit Revision: A s ource s hall s ubmit t o t he Co ntrol Officer a n otification o f a Non-Title V permit revision, in a form and manner as prescribed by the Control O fficer, wi th t he ap propriate f ee a s required b y R ule 2 80-Fees of these rules. In a notification of a Non-Title V permit revision, a source must supply information that is related to the proposed change. If the source’s proposed Non-Title V permit revision will revise its Non-Title V permit from a No n-Title V p ermit to a Ti tle V p ermit, th en th e s ource m ust s ubmit a Title V permit application in accordance with Rule 210-Title V Permit Provisions of these rules. The Control Officer shall issue the entire Title V permit, and not just the portion of the Non-Title V permit being revised, in accordance wi th T itle V p ermit c ontent an d i ssuance r equirements, including requirements for public, affected state, and EPA review contained in Rule 210-Title V Permit Provisions of these rules. 406.2 The Control Officer’s Responsibility For Action On A Notification Of A Permit Revision: a. Administrative P ermit R evision: T he Co ntrol O fficer s hall t ake final action within 60 days of receipt of a notification of an administrative permit revision. b. Minor Permit Revision: The Control Officer shall do one or more of the following within 60 days of receipt of a notification of a minor permit revision: (1) Issue the minor permit revision as proposed; 220.21 c. (2) Deny the minor permit revision application; or (3) Determine that the minor permit revision does not meet the minor permit revision criteria and should be reviewed under the non-minor permit revision procedures. Non-Minor Permit Revision: The Control Officer shall take final action on the majority of the notifications of non-minor permit revisions within 90 days of receipt. In no case shall the final action take longer than nine months. 406.3 The Source’s Ability To Make Changes Requested In A Notification Of A Permit Revision: a. b. 407 Administrative Permit Revision Or Minor Permit Revision: (1) A s ource may i mplement t he c hanges ad dressed i n t he administrative p ermit r evision a pplication o r i n a m inor permit revision application after it files the application. (2) A source shall still comply with any Federal laws, Arizona laws, o r t hese r ules, an d a s ource s hall c omply wi th t he “new” p ermit c onditions t hat t he s ource p roposes i n i ts notification o f a mi nor p ermit r evision. The Control O fficer may e nforce t he existing p ermit c onditions i f t he Co ntrol Officer determines that the source is not complying with the “new” permit conditions. Non-Minor P ermit R evision: A s ource may i mplement t he c hanges addressed in the notification for a non-minor permit revision upon the Control Officer’s revising the permit. PUBLIC PARTICIPATION: 407.1 The Control Officer shall provide public notice and an opportunity for public comment before taking any of the following actions: a. Issuing or renewing a permit to a Non-Title V source listed in Rule 280-Fees, Section 403.1-Table A Sources of these rules; b. Issuing a non-minor permit revision to a Non-Title V source listed in Rule 280-Fees, Section 403.1-Table A Sources of these rules; c. Revoking and reissuing or reopening a permit to a Non-Title V source l isted i n R ule 2 80-Fees, Section 403. 1-Table A So urces, Section 403.2-Table B Sources, and Section 403.3-Table C Sources of these rules; or 220.22 d. Issuing a conditional permit u nder R ule 1 20-Conditional O rders o f these rules to a Non-Title V source listed in Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 403.3-Table C Sources of these rules. 407.2 For sources listed in Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 403.3-Table C Sources of these rules, the Co ntrol O fficer s hall p ublish, o nce e ach we ek, a l ist o f al l permit applications r eceived. T he l ist w ill b e a vailable t o t he p ublic a t the Department’s main office and on the Internet. The list shall include the following information: a. Name and address of the affected facility(ies). b. The activity(ies) involved in each permit action. c. A s tatement t hat an y p erson may s ubmit written c omments o n a proposed permit action no later than the deadline for submitting such comments. d. The deadline for submitting written comments. e. Name, ad dress, an d p hone n umber o f a p erson fr om t he Department from whom additional information may be obtained. f. The l ocation w here copies o f t he p ermit o r p ermit r evision application, t he p roposed p ermit, a nd al l o ther materials av ailable to the Control Officer that are relevant to the permit decision may be reviewed and the times during which such materials will be available for public inspection. g. A s tatement i f t he p ermit o r p ermit r evision would r esult i n t he generation of emission reduction credits under A.A.C. R18-2-1204Title 18, Chapter 2, Article 12 or the utilization of emission reduction c redits u nder A .A.C. R 18-2-1206 Title 1 8, Ch apter 2 , Article 12. 407.3 For sources listed in Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 403.3-Table C Sources of these rules, the Control Officer shall publish in a newspaper, once each month, a list of all permits issued. 407.4 Public Hearing: The Control Officer shall hold a public hearing to receive comments on petitions for conditional orders, which would vary from requirements o f t he ap plicable i mplementation p lan. For a ll o ther ac tions involving a proposed permit, the Control Officer shall hold a public hearing only upon written request. If a public hearing is requested, the Control 220.23 Officer shall schedule the public hearing and publish a notice once each week for two consecutive weeks in two newspapers of general circulation in the county where the source is or will be located and by other means if necessary to assure adequate n otice to the affected public. The Control Officer shall give notice of any public hearing at least 30 days in advance of the public hearing. 407.5 At t he t ime t he Control O fficer p ublishes t he first n otice u nder Section 407.1 of this rule, the applicant shall post a notice containing the information required in Section 407.2 of this rule at the site where the source is or may be located. Consistent with Federal, State, and local law, the posting shall be prominently placed at a location under the applicant’s legal control, adjacent to the nearest public roadway, and visible to the public u sing t he p ublic roadway. If a p ublic hearing i s t o b e h eld, t he applicant shall place an additional posting providing notice of the public hearing. Any posting shall be maintained until the public comment period is closed. 407.6 The Control Officer shall provide at least 30 days from the date of its first notice for public comment. The Control Officer shall keep a record of the commenters a nd t he i ssues r aised d uring t he p ublic p articipation p rocess and shall prepare written responses to all comments received. At the time a fi nal d ecision i s mad e, t he r ecord an d c opies o f t he Co ntrol O fficer’s responses shall be made available to the applicant and to all commenters. 408 AMENDMENTS TO A PERMIT: The Control Officer may amend any Non-Title V permit annually without following Rule 200-Permit Requirements, Section 402Permit Reopenings; Revocation And Reissuance; Termination of these rules in order to incorporate changes reflected in logs or notices filed under Section 404 of this rule. The amendment shall be effective to the anniversary date of the permit. The Control Officer shall make available to the public for any source: 408.1 A complete record of logs and notices sent to the Control Officer under Section 404 of this rule; and 408.2 Any amendments or revisions to the source's permit. SECTION 500 - MONITORING AND RECORDS 501 LOG RETENTION REQUIREMENT: If a source makes a c hange that r equires logging, t hen t he source s hall k eep s uch l og for five years fr om t he date t he source creates such log. 502 LOG FORMAT SPECIFICATIONS: If a s ource mak es a change t hat r equires logging, then the source shall perform such logging in indelible ink in a b ound log book with sequentially numbered pages, or in any other form, including electronic format, if approved by the Control Officer. Each log entry shall include at least the following information: 220.24 502.1 A description of the change including: a. A description of any process change. b. A description of any equipment change, including both old and new equipment descriptions, model numbers, and serial numbers, or any other unique equipment number. c. A description of any process material change. 502.2 The date and time that the change occurred. 502.3 The provision of Section 404.2 of this rule that authorizes the change to be made with logging. 502.4 The date the log entry was made and the first and last name of the person making the log entry. 503 LOG FILING: A copy of all logs required under Section 404.2 of this rule shall be filed with the Control Officer within 30 days after each anniversary of the permit i ssue d ate. If n o c hanges we re mad e at t he s ource r equiring l ogging, a statement to that effect shall be filed instead. 220.25 BLANK PAGE 220.26 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 230 GENERAL PERMITS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 SIMILAR IN NATURE SECTION 300 - STANDARDS 301 RULES APPLICABLE TO A GENERAL PERMIT 302 GENERAL PERMIT DEVELOPMENT 303 APPLICATION FOR COVERAGE UNDER GENERAL PERMIT 304 PUBLIC NOTICE 305 SOURCES FOR WHICH A GENERAL PERMIT MAY NOT BE ISSUED 306 GENERAL PERMIT RENEWAL 307 RELATIONSHIP TO INDIVIDUAL PERMITS 308 GENERAL PERMIT VARIANCE FOR ANY NON-FEDERALLY ENFORCEABLE REQUIREMENT OF A PERMIT 309 GENERAL PERMIT SHIELD 310 GENERAL PERMIT APPEALS 311 REVOCATIONS OF AUTHORITY TO OPERATE SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 230.1 PAGE BREAK 230.2 Adopted 11/15/93 Revised 02/15/95 Revised 06/06/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 230 GENERAL PERMITS SECTION 100 - GENERAL 101 PURPOSE: To allow for t he issuance of general permits for a facility class that contains a l arge n umber o f s ources t hat ar e s imilar i n n ature, h ave s ubstantially similar emissions, and would be subject t o t he sa me o r su bstantially similar requirements governing operations, emissions, mo nitoring, r eporting, o r recordkeeping. 102 APPLICABILITY: A general permit shall not be issued for affected sources except as provided in regulations promulgated by the Administrator under Title IV of the Act. SECTION 200 - DEFINITIONS: See R ule 1 00-General Provisions And D efinitions o f t hese rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: 201 SIMILAR IN NATURE - Refers t o f acility si ze, p rocesses a nd o perating conditions. SECTION 300 - STANDARDS 301 RULES APPLICABLE TO A GENERAL PERMIT: Unless otherwise stated, the provisions of Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 220 -Non-Title V P ermit P rovisions, R ule 2 45-Continuous Source E mission Monitoring, Rule 270-Performance Tests, and Rule 400-Procedure Before T he Hearing Board shall apply to general permits. 302 GENERAL PERMIT DEVELOPMENT: 302.1 The Control Officer may issue a general permit on his own or in response to a petition. At t he t ime t he Co ntrol O fficer i ssues a g eneral p ermit, t he Control Officer may also establish a specific application with filing instructions for sources in the category covered by the general permit. 230.3 302.2 Any person may submit a petition to the Director or to the Control Officer requesting the issuance of a g eneral permit for a d efined class of facilities. The p etition sh all p ropose a p articular class of facilities, shall l ist t he approximate number of facilities in the proposed class along with their size, processes and operating conditions, an d s hall d emonstrate h ow t he c lass meets the criteria for a general permit as specified in Sections 100 and 301 through 303 of this rule and in ARS §49-426(H). The Control Officer shall provide a written response to the petition within 120 days of receipt. 302.3 A general permit shall be issued or denied for classes of facilities using the same e ngineering t echnical r eview p rocess t hat a pplies to permits for individual s ources an d fo llowing t he p ublic n otice r equirements of Section 304 of this rule. 302.4 A general permit shall include all of the following: a. All elements contained in Rule 210-Title V Permit Provisions, Section 302.1-Permit Contents of these r ules e xcept Se ctions 3 02.1(b) ( 2) and 302.1(f). b. The process for individual sources to apply for coverage under the general permit. 302.5 A source applying for authority to operate under a general permit shall not propose nor accept pursuant to Rule 220-Non-Title V Permit Provisions of these rules emissions limitations, controls, o r o ther r equirements t hat a re not included in the general permit. 303 APPLICATION FOR COVERAGE UNDER GENERAL PERMIT: 303.1 Once the Control Officer has issued a general permit, any source which is a member of the class of facilities covered by the general permit may apply to the Control Officer for authority to operate under the general permit. Applicants shall complete the specific application form, or if none has been adopted, the standard application form. The specific application form shall, at a minimum, require the applicant to submit the following information: a. Information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow the Control Officer to determine qualification for and to assure compliance with the general permit. b. A compliance plan that meets the requirements of Rule 210-Title V Permit Provisions, Section 305-Compliance Plan; Certification of these rules. 230.4 303.2 For sources required to obtain a permit under Title V of the Act, the Control Officer s hall p rovide t he Administrator wi th a p ermit ap plication s ummary form and any relevant portion of the permit application and compliance plan. To the extent possible, this information shall be provided in computer readable format compatible with the Administrator's national database management system. 303.3 The Co ntrol O fficer s hall ac t o n t he ap plication fo r c overage u nder the general permit as expeditiously as possible, but a final decision shall be reached wi thin 1 80 d ays. T he s ource may o perate u nder t he t erms of its application during that time. If the application for coverage is denied, the Control Officer shall notify the source t hat i t s hall ap ply fo r an i ndividual permit within 180 days of receipt of notice. The Control Officer may defer acting on an application under this rule, if the Control Officer has provided notice of intent to renew or not to renew the permit. 303.4 The Control Officer shall make available to the public a monthly summary of all applications received under this rule. 304 PUBLIC NOTICE: 304.1 The Control Officer shall provide public notice for any proposed general permit, for any revision of an existing general permit, and for renewal of an existing general permit. 304.2 The Control Officer shall publish n otice o f t he p roposed g eneral p ermit once each week for two consecutive we eks i n a n ewspaper o f g eneral circulation within Maricopa County. The notice shall describe the following: a. The proposed general permit. b. The category of sources that would be affected. c. The air contaminants which the Control Officer expects to be emitted by a typical facility in the class and by class as a whole. d. The Control Officer's proposed actions and effective date for the actions. e. Locations where documents relevant to the proposed general permit will be available during normal business hours. f. The name, address, and telephone number of a person within the Department who may be contacted for further information. 230.5 g. The address where any person may submit comments and/or request a public hearing and the date and time by which comments or public hearing request are required to be received. h. The process by which sources may obtain authorization to operate under the general permit. 304.3 For general permits under which operation may be authorized in lieu of individual source permits issued under Rule 210-Title V Permit Provisions of these r ules, t he Control O fficer shall give notice of the proposed general permit to each affected state at the same time that the proposed general permit g oes o ut fo r p ublic n otice. T he Co ntrol Officer shall provide the proposed final permit to t he A dministrator aft er p ublic an d affe cted s tate review. No Title V permit shall be issued if the Administrator properly objects to its issuance in writing within 45 days from receipt of the proposed fi nal p ermit an d an y n ecessary s upporting i nformation fr om t he Control Officer. 304.4 The Control Officer shall provide at least 30 days from the date of the first notice described in Section 304.3 of this rule for public comment. 304.5 Written comments to the Control Officer s hall i nclude t he n ame o f t he person an d t he p erson's ag ent o r at torney an d s hall c learly s et forth reasons why the general permit should or should not be issued. 304.6 At the time a general permit is issued, the Control Officer shall make available a response to all relevant comments on the proposed permit raised during the public comment period and during any requested public hearing. The response shall s pecify which provisions, if an y, o f t he proposed permit have been changed and the reason for the changes. The Control Officer shall also notify in wr iting an y p etitioner an d e ach p erson who has submitted written comments on the proposed permit or requested notice of the final permit decision. 305 SOURCES FOR WHICH A GENERAL PERMIT MAY NOT BE ISSUED: A general p ermit s hall n ot b e i ssued t o sources that are subject t o c ase-by-case standards or requirements. 306 GENERAL PERMIT RENEWAL: The Control Officer shall review and may renew general permits every five years. A source's authorization to operate under a general permit shall expire when the general permit expires regardless of when the authorization began during t he fi ve y ear p eriod, e xcept as p rovided i n Se ction 311.3 of this rule. In addition to t he public n otice required to issue a proposed general permit under Section 304 of this rule, the Control Officer shall notify in 230.6 writing al l s ources wh o h ave b een g ranted o r wh o have applications pending for authorization to operate under the g eneral p ermit. T he wr itten n otice s hall describe the source's duty to reapply and may include requests for information required under the proposed general permit. 307 RELATIONSHIP TO INDIVIDUAL PERMITS: Any s ource c overed u nder a general p ermit may r equest t o b e e xcluded fr om c overage by applying f or a n individual source permit. Coverage under the general permit shall terminate on the date the individual permit is issued. 308 GENERAL PERMIT VARIANCE FOR ANY ENFORCEABLE REQUIREMENT OF A PERMIT: NON-FEDERALLY 308.1 Where, maximum achievable control technology (MACT), as defined in Rule 370-Federal Hazardous Air Pollutant Program of these rules, or hazardous air pollutant reasonably available control technology (HAPRACT) has been established in a general permit for a source category designated pursuant to Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules, the owner and/or operator of a source within that source category may ap ply fo r a v ariance fr om t he s tandard b y d emonstrating compliance wi th Rule 3 72-Maricopa Co unty H azardous A ir Pollutants (HAPs) P rogram, S ection 306 -Risk M anagement A nalysis o f t hese r ules at the time the source applies for coverage under the general permit. 308.2 If the owner and/or operator makes the showing required by Rule 372Maricopa County Hazardous Air Pollutants (HAPs) Program, Section 306Risk Management Analysis of these rules and otherwise qualifies for the general permit, the Control Officer shall, in accordance with the procedures established p ursuant t o t his r ule, ap prove t he ap plication an d au thorize operation under a variance from the standard of the general permit. 308.3 Except as modified by the variance, the source s hall c omply wi th al l conditions of the general permit. 308.4 Applications and approvals of general permit variances shall be subject to the public notice requirements of Rule 210-Title V Permit Provisions of these rules. 309 GENERAL PERMIT SHIELD: Each general permit issued under this rule shall specifically identify all federal, state, and local air pollution control requirements applicable to the source at t he t ime t he g eneral p ermit i s i ssued. T he g eneral permit shall state that compliance with the conditions of the general permit shall be deemed compliance with any applicable requirement as of the date of general permit issuance. Any permit under this r ule t hat d oes n ot e xpressly s tate t hat a permit shield e xists sh all b e p resumed n ot t o provide su ch a sh ield. 230.7 Notwithstanding the above provisions, the source shall be subject to enforcement action for operation without a permit if the source is later determined not to qualify for the conditions and terms of the general permit. A permit shield provided for a general permit shall meet all the requirements of Rule 210-Title V Permit Provisions of these rules. 310 GENERAL PERMIT APPEALS: Any person who filed a comment on a proposed general permit as provided in Section 304 of this rule may appeal the terms and conditions of a general permit, as they apply to the facility class covered under a general permit, by filing an appeal with t he h earing b oard wi thin t en d ays o f issuance of the general permit. 311 REVOCATIONS OF AUTHORITY TO OPERATE: 311.1 The Control Officer may require a source authorized to operate under a general permit to apply for and to obtain an individual source permit at any time if: a. The Co ntrol O fficer h as d etermined t hat t he s ource i s not in compliance with the terms and conditions of the general permit; or b. The Control O fficer h as d etermined t hat t he e missions fr om t he source o r f acility c lass a re si gnificant contributors t o amb ient ai r quality standard violations which are not adequately addressed by the requirements in the general permit; or c. The Control Officer has information which indicates that the effects on human health and the environment from the sources covered under the general permit are unacceptable. 311.2 The Control Officer shall p rovide wr itten n otice t o al l s ources o perating under a general permit prior to cancellation of a general permit. Such notice shall include an explanation of the basis for the proposed action. Within six months of receipt of the notice of the expiration, termination or cancellation of any general permit, sources notified shall submit an application to the Control Officer for an individual permit. 311.3 A source previously authorized to operate under a general permit may operate under the terms of the general permit until the earlier of the date it submits a complete application for an individual permit, or 180 days after receipt of the notice of expiration, termination or cancellation of any general permit. 230.8 SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 230.9 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 240 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ADVERSE IMPACT ON VISIBILITY 202 CATEGORICAL SOURCES 203 CONVENTIONAL AIR POLLUTANT 204 DISPERSION TECHNIQUE 205 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT 206 HIGH TERRAIN 207 INNOVATIVE CONTROL TECHNOLOGY 208 LOW TERRAIN 209 LOWEST ACHIEVABLE EMISSION RATE (LAER) 210 MAJOR SOURCE 211 RECONSTRUCTION 212 RESOURCE RECOVERY PROJECT 213 SECONDARY EMISSIONS 214 SIGNIFICANCE LEVELS SECTION 300 - STANDARDS 301 PERMIT OR PERMIT REVISION REQUIRED 302 APPLICATION COMPLETENESS 303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA 304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS 240.1 305 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN NONATTAINMENT AREAS 306 OFFSET AND NET AIR QUALITY BENEFIT STANDARDS 307 SPECIAL REQUIREMENTS FOR MAJOR SOURCES OF VOC OR OXIDES OF NITROGEN I N O ZONE NONATTAINMENT A REAS CL ASSIFIED A S SE RIOUS O R SEVERE 308 PERMIT R EQUIREMENTS F OR SO URCES L OCATED I N A TTAINMENT A ND UNCLASSIFIABLE AREAS 309 STACK HEIGHT LIMITATION SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 POLLUTANTS TO BE INCLUDED IN ANALYSIS OF AMBIENT AIR QUALITY 502 PRECONSTRUCTION AIR QUALITY MONITORING DATA 503 COMPLETE APPLICATION AIR QUALITY MONITORING DATA 504 POST-APPROVAL AIR QUALITY MONITORING DATA FOR OZONE 505 POST-CONSTRUCTION AIR QUALITY MONITORING DATA 506 OPERATIONS OF MONITORING STATIONS 507 EXCEPTIONS TO MONITORING FOR A PARTICULAR POLLUTANT 508 VISIBILITY AND AIR QUALITY IMPACT ANALYSIS 509 INNOVATIVE CONTROL TECHNOLOGY 510 AIR QUALITY MODELS 511 VISIBILITY PROTECTION 240.2 Adopted 11/15/93 Revised 02/15/95 Revised 02/07/01 Revised 05/07/03 Revised 06/06/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 240 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES SECTION 100 - GENERAL 101 PURPOSE: To provide an orderly procedure for the review of new major sources of conventional air pollutants and of major modifications to existing major sources of conventional air pollutants requiring permits or permit revisions. 102 APPLICABILITY: The provisions o f t his rule a pply to n ew major s ources o f conventional air pollutants and major modifications to existing major sources of conventional air pollutants. The provisions of this rule do not apply to new sources and m odifications t o e xisting so urces su bject to t he r equirements o f R ule 2 41Permits For New Sources And Modifications To Existing Sources of these rules. SECTION 200 - DEFINITIONS: See R ule 1 00-General P rovisions A nd D efinitions o f t hese rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 ADVERSE IMPACT ON VISIBILITY - Visibility impairment t hat i nterferes with the management, protection, preservation, or enjoyment of visual experience of a Class I area, as determined by Rule 500-Air Quality Standards of these rules. 202 CATEGORICAL SOURCES - The following classes of sources: 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; 240.3 Carbon black plants using the furnace process; Primary lead smelters; Fuel conversion plants; Sintering plants; Secondary metal production plants; Chemical process plants; Fossil-fuel boilers, o r c ombinations t hereof, t otaling m ore than 2 50 mi llion B ritish thermal units (BTU) per hour heat input; Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels; Taconite preprocessing plants; Glass fiber processing plants; Charcoal production plants; Fossil fuel-fired steam electric plants and combined cycle gas turbines of more than 250 million BTU per hour rated heat input. 203 CONVENTIONAL AIR POLLUTANT - Any p ollutant fo r which the A dministrator has promulgated a primary or secondary national ambient air quality standard. 204 DISPERSION TECHNIQUE - Any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following: 204.1 Using that portion of a stack that exceeds good engineering practice stack height; 204.2 Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or 204.3 Increasing final exhaust gas p lume r ise b y ma nipulating s ource p rocess parameters, exhaust g as p arameters, stack parameters, or combining exhaust gases from several existing stacks into 1 stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This shall not include any of the following: a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged fr om the source generating t he gas stream. b. The me rging o f e xhaust g as s treams u nder a ny o f the f ollowing conditions: (1) The source owner or operator demonstrates that the source was originally designed and constructed with the merged gas streams; 240.4 (2) After July 8, 1995, such merging is part of a change in operation at the source that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic o r en gineering r easons. Where t here was a n increase i n t he e mission limitation o r, i n the e vent t hat n o emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Control Officer shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a d emonstration by the source, owner or o perator, t hat merging was not significantly motivated by such intent, the Control Officer shall deny credit for the effects of such merging in calculating the allowable emissions for the source. c. Smoke management in agricultural or silvicultural prescribed burning programs. d. Episodic restrictions on residential woodburning and open burning. e. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from the source do not exceed 5,000 tons per year. 205 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT- A stack height meeting the requirements described in Section 309 of this rule. 206 HIGH TERRAIN - Any area h aving an e levation o f 9 00 f eet o r mo re ab ove t he base of the stack of a source. 207 INNOVATIVE CONTROL TECHNOLOGY - Any system of air pollution control that has not b een adequately d emonstrated in p ractice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 208 LOW TERRAIN - Any area other than high terrain. 209 LOWEST ACHIEVABLE EMISSION RATE (LAER) - For a ny s ource, t he mo re stringent rate of emissions based on 1 of the following: 240.5 209.1 The most stringent emissions limitation that is contained in the State Implementation Plan (SIP), as defined in Rule 100-General Provisions And Definitions of these rules, for the class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitations are not achievable; or 209.2 The most stringent emissions limitation that is achieved in practice by the class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application o f this t erm p ermit a proposed n ew o r m odified s tationary source to emit any pollutant in excess of the amount allowable under the applicable standards of performance in Rule 360-New Source Performance Standards of these rules and in 40 C.F.R. 60 and 40 C.F.R. 61. 210 MAJOR SOURCE 210.1 Any s tationary s ource l ocated i n a n onattainment ar ea t hat e mits, o r h as the potential to e mit, 100 tons per year or m ore of any conventional air pollutant, except as follows: Nonattainment Pollutant And Classification Pollutant Emitted Carbon Monoxide (CO) Volatile Organic Compounds (VOC) CO, Serious, with stationary sources as more than 25% of source inventory Ozone, Serious VOC PM10 NOx NOx Ozone, Severe PM10, Serious Ozone, Serious Ozone, Severe Quantity Threshold Tons/Year Or More 50 50 25 70 50 25 or 210.2 Any s tationary source l ocated in an a ttainment o r u nclassifiable a rea t hat emits, o r h as t he p otential to e mit, 1 00 t ons p er y ear o r m ore o f an y conventional air pollutant if the source is classified as a Categorical Source, or 250 tons per year or more of any pollutant subject to regulation under the Act if the source is not classified as a Categorical Source; or 240.6 210.3 Any change to a minor source, except for VOC or NOx emission increases at minor sources in serious or severe ozone nonattainment areas, that would increase its emissions to the qualifying levels in Section 210.1 or Section 210.2 of this rule; 210.4 Any c hange i n V OC o r NOx at a m inor source in serious o r se vere o zone nonattainment areas that would be significant as described in Section 307.2 of this rule and that would increase its emissions to the qualifying levels in Section 210.1 of this rule; 210.5 Any stationary source that emits, or has the potential to emit, five or more tons of lead per year; 210.6 Any source classified as major undergoing modification that meets the definition of reconstruction; 210.7 A major source that is major for VOCs shall be considered major for ozone; or 210.8 A maj or s ource t hat is major for oxides o f n itrogen s hall be c onsidered major f or o zone in n onattainment ar eas c lassified as mar ginal, mo derate, serious or severe. 211 RECONSTRUCTION - Of sources located in nonattainment areas, reconstruction shall be p resumed t o h ave taken p lace i f the fi xed capital cost of t he new components ex ceeds 5 0% o f t he fixed c apital c ost o f a c omparable e ntirely n ew stationary source, as determined in accordance with the provisions of 40 C.F.R. 60.15(f)(1) through (3). 212 RESOURCE RECOVERY PROJECT - Any facility at which solid waste is processed for t he p urpose o f extracting, c onverting to e nergy, or otherwise separating an d preparing solid waste for reuse. For the purpose of this rule, only energy conversion facilities that utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project. 213 SECONDARY EMISSIONS - Emissions which are specific, well defined, quantifiable, occur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself, and i mpact t he same g eneral ar ea as the stationary source o r modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support source which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 214 SIGNIFICANCE LEVELS - The fo llowing a mbient c oncentrations for the enumerated pollutants: 240.7 Pollutant SO2 NO2 CO PM10 Annual 1 mg/m³ 1 mg/m³ 1 mg/m³ Averaging Time 24-Hour 8-Hour 3-Hour 5 mg/m³ 25 mg/m³ 1-Hour 0.5 mg/m³ 2 mg/m³ 5 mg/m³ Except for the annual pollutant concentrations, exceedance of significance levels shall be deemed to occur when the ambient concentration of the above pollutant is exceeded more than once per year at any one location. If the concentration occurs at a specific location and at a time when the Arizona ambient air quality standards for the pollutant are not violated, the significance level does not apply. SECTION 300 - STANDARDS 301 PERMIT OR PERMIT REVISION REQUIRED: No person s hall c ommence construction of a new major source nor commence major modification of a major source without first obtaining a permit or a permit revision from the Control Officer. 302 APPLICATION COMPLETENESS: An application for a permit or a permit revision under this rule shall not be considered complete unless the application demonstrates that: 302.1 The requirements in Section 303 of this rule are met; 302.2 The more stringent of the applicable new source performance standards (NSPS) i n R ule 3 60-New S ource P erformance S tandards o f t hese r ules o r the existing source performance standards in Regulation III-Control Of Air Contaminants of these rules are applied to the proposed new major source or major modification of a major source; 302.3 The new major source or major modification will not have an adverse impact on visibility as determined by Section 511 of this rule and will satisfy all the visibility requirements contained in Se ction 511 o f t his r ule. A demonstration of the impact on visibility shall be made according to Section 508 of this rule and shall be included with the application; 302.4 All applicable provisions of 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 are met; 240.8 302.5 The n ew maj or s ource o r maj or mo dification wi ll b e i n c ompliance wi th whatever e mission l imitation, d esign, e quipment, work p ractice or operational standard, or combination thereof is applicable to the source or modification. The degree of emission limitation required for control of any pollutant under this rule shall not be affected in any manner by: a. Stack height in excess of GEP stack height except as provided in Section 309 of this rule; or b. Any other dispersion technique, unless implemented prior to December 31, 1970. 302.6 The new major source or major modification will not exceed the applicable standards for hazardous air pollutants contained in Rule 370-Federal Hazardous A ir Pollutant Program o f t hese r ules a nd/or R ule 3 72-Maricopa County Hazardous Air Pollutants (HAPS) Program of these rules. 302.7 The new major source or major modification will not exceed the limitations, if applicable, on emission from fugitive sources contained in Rule 310Fugitive Dust, Rule 311-Particulate Matter From Process Industries, and Rule 316-Nonmetallic Mineral Processing of these rules. 302.8 A stationary source that will emit 5 or more tons of lead per year will not violate the ambient air quality standards for lead contained in Rule 510-Air Quality Standards of these rules. 303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA: Except f or assessing air quality impacts within Class I areas, the air impact analysis required to be conducted as part of a permit application shall initially consider only the geographical area located within a 50 kilometer (31 mile) radius from the point of greatest e missions fo r t he n ew m ajor s ource o r major m odification. T he Control Officer, on his own initiative or upon receipt of written notice from any person, shall have the right at any time to request an enlargement of the geographical area for which an air quality impact analysis is to be performed by giving the person applying f or t he p ermit or p ermit r evision wr itten n otice t hereof, specifying the enlarged radius to be so considered. In performing an air impact analysis for any geographical area with a radius of more than 50 kilometers (31 miles), the person applying for the permit or permit revision may use monitoring or modeling data obtained fr om m ajor s ources h aving c omparable e missions o r h aving e missions which are capable of being accurately used in such demonstration and which are subjected to terrain and atmospheric stability conditions which are comparable or which may be extrapolated with reasonable accuracy for use in such demonstration. 304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS: Unless the requirement has been satisfied under these rules, the Control Officer shall comply with the following requirements: 240.9 304.1 Within 60 days af ter r eceipt o f an application f or a permit, o f a permit revision su bject t o this rule, or of a ny a ddition t o su ch application, t he Control Officer shall advise the applicant of any deficiency in the application. The date of receipt of the application shall be, for the purpose of this rule, the date on which the Control Officer received all required information. The permit application shall not be deemed complete solely because the Control Officer failed to meet the requirements of this section. 304.2 In addition to Se ction 511 of this r ule, a copy of any notice required by Section 511 o f t his rule shall b e sent t o t he p ermit applicant, t o the Administrator, and to the following officials and agencies having cognizance of t he l ocation wh ere t he p roposed ma jor s ource o r maj or mo dification would occur: a. The Control Officer for the county wherein the proposed or existing source that is the subject of the permit or permit revision application is located; b. The B oard Of Su pervisors for t he county wh erein the p roposed o r existing s ource t hat i s t he s ubject o f t he p ermit or p ermit r evision application is located; c. The city or town managers of the city or town which contains, and any city or town the boundaries of which are within five miles of the location of the proposed or existing source that is the subject of the permit or permit revision application; d. Any r egional l and u se p lanning ag ency with au thority f or land u se planning in the area where the proposed or existing source that is the su bject o f the permit o r permit r evision a pplication i s located; and e. Any State, Federal Land Manager, or Indian governing body whose lands may be affected by emissions from the proposed source or modification. 304.3 The Control Officer shall take final action on the application within one year of the proper filing of the complete application. The Control Officer shall notify the applicant in writing of his approval or of his denial. 304.4 The Control Officer shall terminate a permit or permit revision issued under this rule if the proposed construction or major modification is not begun within 18 months of issuance, or if during the construction or major modification, work is suspended for more than 18 months. 240.10 304.5 Within 30 days of t he i ssuance o f an y permit u nder this r ule, the C ontrol Officer s hall submit c ontrol t echnology i nformation fr om the p ermit t o the Administrator for the purposes listed in Section 173(d) of the Act. 305 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN NONATTAINMENT AREAS: 305.1 Except as provided in Section 305.3 through Section 305.7 of this rule, no permit o r p ermit revision s hall be i ssued u nder t his r ule to a p erson proposing to construct a new major source or proposing to make a major modification to a source located in any nonattainment area for the pollutant(s) for which the source is classified as a major source or the modification is classified as a major modification unless: a. The person demonstrates t hat t he n ew maj or s ource o r t he major modification w ill m eet a n e mission l imitation w hich i s the lowest achievable emission rate (LAER) for that source for that specific pollutant(s). In d etermining L AER for a reconstructed s tationary source, the provisions of 40 C.F.R. 60 .15(f)(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source. b. The person demonstrates that all existing major sources owned or operated by that person (or any entity controlling, controlled by, or under common c ontrol with that person) in the State are in compliance w ith, or ar e o n a schedule of c ompliance fo r, a ll conditions contained in permits of each of the sources and all other applicable e mission limitations a nd s tandards u nder t he Act a nd in this rule. c. The p erson demonstrates t hat e mission r eductions fo r the s pecific pollutant(s) from source(s) in existence in the allowable offset area of the new major source or major modification (whether or not under the same ownership) meet the offset and net air quality benefit requirements of Section 306 of this rule. 305.2 No permit or permit revision under this rule shall be issued to a person proposing to construct a new major source or proposing to make a major modification to a major source located in a nonattainment area unless: a. The p erson p erforms an an alysis o f al ternative s ites, s izes, production processes and environmental control techniques for such new major source or major modification; and b. The Control Officer determines that the analysis demonstrates that the benefits of the new major source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. 240.11 305.3 At such time that a particular source or modification becomes a major stationary so urce o r major m odification solely by virtue of a relaxation i n any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a r estriction o n hours of o peration, t hen t he r equirements o f this rule shall apply to the source or modification as though construction had not yet commenced on the source or modification. 305.4 Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this rule on the basis of its direct emissions, a permit or a permit revision, under this rule to construct the new source or modification, shall be denied, unless the conditions specified in Section 305.1(a) and Section 305.1(b) of this rule are met, for reasonably quantifiable secondary emissions caused by the new source or modification. 305.5 A permit to construct a new source or modification shall be denied, unless the conditions specified in Section 305.1(a), Section 305.1(b), and Section 305.1(c) of this rule are met for fugitive emissions caused by the new source or modification. However, these conditions shall not apply to a n ew major source or major modification that would be a major source or major modification o nly i f fu gitive e missions, t o t he extent q uantifiable, ar e considered in calculating t he p otential emissions o f t he source o r modification, and the source is neither a categorical source nor a source belonging to the category of sources for which New Source Performance Standards (NSPS) under 40 C.F.R. Part 60 or National Emission Standards For H azardous Air Pollutants (NESHAPS) under 4 0 C.F.R. P art 6 1 promulgated by the Administrator prior to August 7, 1980. 305.6 The r equirements o f Section 305.1(c) o f t his r ule s hall n ot ap ply t o temporary emission sources, such as pilot plants and portable sources, which are only temporarily located in the nonattainment area, are otherwise regulated by a p ermit, and are in compliance wi th the conditions of that permit. 305.7 A d ecrease i n ac tual e missions s hall be c onsidered i n d etermining t he potential of a new source or modification to emit only to the extent that the Control Officer has not relied on it in issuing any permit or permit revision under these r ules, or t he St ate h as n ot r elied o n i t in d emonstrating attainment or reasonable further progress (RFP). 305.8 The issuance of a permit or permit revision under this rule shall not relieve the o wner an d/or o perator of t he r esponsibility t o c omply fu lly wi th applicable provisions of the State Implementation Plan (SIP) and any other requirements pursuant to local, State, or Federal law. 240.12 305.9 Within 30 days of the issuance of any permit under this section, the Control Officer s hall submit c ontrol t echnology i nformation fr om the p ermit t o the Administrator for the purposes listed in Section 173(d) of the Act. 306 OFFSET AND NET AIR QUALITY BENEFIT STANDARDS: 306.1 Increased emissions by a major source or major modification subject to this rule s hall b e o ffset by r eductions i n t he e missions o f e ach pollutant f or which t he ar ea h as been d esignated as n onattainment an d f or wh ich t he source or modification is classified as major. The offset may be obtained by reductions in emissions from the source or modification, or from any other source within the allowable offset area. Credit for an emissions offset can be used only if it has not been relied upon in demonstrating attainment or in demonstrating reasonable further progress (RFP), and if it has not been relied upon previously in issuing a permit or permit revision under this rule, under Section 301 through Section 305 of this rule, or n ot o therwise required under this rule or under any provision of the State Implementation Plan (SIP). 306.2 An offset shall not be sufficient unless reductions of total emissions for the particular pollutant for which the offset is required will be: a. Obtained from sources within the allowable offset area; b. A surplus emission, which is an emission reduction not required by current r egulations i n t he St ate Im plementation P lan ( SIP); n ot already relied upon for SIP planning purposes; and not used by the source to meet any other regulatory requirement, including, at the time emission reduction credits (ERCs) are used, reasonably available control technology (RACT), reasonable further progress (RFP), or milestones thereof, or demonstration of attainment; c. Contemporaneous with the operation, the new major source, or major modification; d. An emission enforceable by the Administrator; e. A quantifiable emission. Quantification may be based on emission factors, stack tests, monitored values, operating rates and averaging times, p rocess o r p roduction inputs, mo deling o r o ther r easonable measurement practices. Quantification methods shall be credible, workable, and replicable. The method for calculating emissions should be used to measure the emissions both before and after the changes in emission levels, both at the generator and at the user of the emission reduction credits (ERCs); and 240.13 f. Sufficient to satisfy the Control Officer that emissions from the new major source or major modification, together with the offset, will result in reasonable further progress (RFP) for that pollutant. 306.3 In ozone nonattainment areas classified as marginal, total emissions of VOC and oxides of nitrogen from other sources sh all o ffset those p roposed or permitted from the major source or major modification by a ratio of at least 1.10:1. In ozone nonattainment areas classified as moderate, total emissions of VOC and oxides of nitrogen from other sources shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.15:1. New major sources and major modifications in serious and severe ozone nonattainment areas shall comply with this section and with Section 307 of this rule. 306.4 Only intrapollutant emission offsets shall be allowed. Intrapollutant emission offsets for VOCs shall only include offset reductions in emissions of VOCs. Intrapollutant e mission offsets f or oxides o f n itrogen s hall only i nclude offset reductions in emissions of oxides of nitrogen. 306.5 For purpose of this rule, reasonable further progress (RFP) shall mean compliance with the schedule of annual incremental reductions in emissions of the applicable air pollutant prescribed by the Control Officer based on air quality modeling under Section 510 of this rule, to provide for attainment of the applicable air quality standards by the deadlines set under Part D of Title I of the Act, or in an applicable implementation plan. 306.6 For the purpose of this rule, net air quality benefit shall mean that during similar time periods either Section 306.6(a) or Section 306.6(b) of this rule is applicable: a. A reduction in the number of violations of the applicable Arizona ambient ai r quality s tandard w ithin t he al lowable o ffset ar ea h as occurred and the following mathematical expression is satisfied: N K − C Xj − C X i ∑ ≤ ∑ K N i =1 j =1 when: C = The applicable Arizona ambient air quality standard. Xi = The concentration level of the violation at the i th receptor for the pollutant after offsets. N = The number of violations for the pollutant after offsets (N ≤ K). Xj = The c oncentration level of t he v iolation a t the j th receptor from the pollutant before offsets. K = The number of violations for the pollutant before offsets. 240.14 b. The average of the ambient concentrations within the allowable offset area after the implementation of the contemplated offsets will be less than the average of the ambient concentrations within the allowable offset area without the offsets. 306.7 For the purpose of this rule, baseline shall be defined as: a. b. The baseline of total emissions from any sources in existence or sources that have obtained a permit or permit revision u nder this rule, regardless of whether or not the sources are in actual operation at the time of application for the permit or permit revision, shall be the total actual emissions at the time the application is filed. In addition, the baseline of total emissions shall consist of all emission limitations included as conditions on federally enforceable permits, except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained if: (1) No emission limitations are applicable to a source from which offsets are being sought; or (2) The demonstration of reasonable further progress (RFP) and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area. If t he e mission l imitations fo r a p articular p ollutant al low g reater emissions than the potential emission rate of the source for that pollutant, the baseline shall be the potential emission rate at the time application for the permit or permit revision under this rule is filed, and emissions offset credit shall be allowed only for control below the potential emission rate. 306.8 For an existing fuel combustion source, offset credit shall be based on the allowable emissions under the regulations or permit conditions applicable to the source for the type of fuel being burned at the time the application for the p ermit o r permit r evision u nder this r ule is f iled. If an existing source commits t o s witch to a c leaner fu el at some future d ate, e missions o ffset credit b ased o n t he ac tual e missions fo r t he fu els i nvolved s hall n ot b e acceptable unless: a. The permit or permit revision under this rule for the source specifically r equires t he u se o f a specified a lternative c ontrol measure that would achieve the same degree of emissions reduction if the source switches back to a dirtier fuel at some later date; and 240.15 b. The s ource d emonstrates t o t he s atisfaction o f the Co ntrol O fficer that it has secured an adequate long-term s upply o f the cl eaner fuel. 306.9 Offsets s hall be m ade on e ither a p ounds-per-hour, p ounds-per-day, pounds-per-quarter, tons-per-quarter, or tons-per-year basis, whichever is applicable, when all sources involved in the emission offset calculations are operating at their maximum expected or allowed production rate and, except as otherwise provided in Section 306.8 of this rule, utilizing the type of fuel burned at the time the application for the permit or permit revision under this rule is filed. A tons-per-year basis shall not be used if the new or modified source or the source offsets are not expected to operate throughout the entire year. No emissions credit may be allowed for replacing one VOC with another VOC of lesser reactivity. 306.10 Emissions r eductions ac hieved b y s hutting d own an e xisting s ource or permanently c urtailing p roduction o r o perating h ours below baseline levels may be credited, if the work force to be affected has been notified of the proposed shutdown or curtailment. No offset credits for shutdowns or c urtailments shall be p rovided fo r e missions r eductions t hat ar e necessary t o b ring a source i nto c ompliance w ith reasonably av ailable control technology (RACT) or any other standard under an applicable implementation plan. 306.11 The allowable offset area shall be the geographical area in which the sources are located whose emissions are being sought to offset emissions from a new major source or major modification. For the pollutants sulfur dioxide, P M10, an d c arbon mo noxide, the al lowable o ffset ar ea s hall be determined by atmospheric dispersion modeling. If the emission offsets are obtained from a source on the same premises or in the immediate vicinity of the new major source or major modification, and the pollutants disperse from substantially the same effective stack height, atmospheric dispersion modeling sh all n ot be r equired. The al lowable o ffset ar ea fo r al l other pollutants shall be the nonattainment areas for those pollutants within which the new major source or major modification is to be located. 306.12 An emission reduction may only be used to offset emissions if the reduced level of emissions will continue for the life of the new source or modification a nd i f the reduced l evel of e missions i s l egally a nd f ederally enforceable a t t he t ime o f permit issuance. It sh all be c onsidered l egally enforceable, if the following conditions are met: a. The e mission r eduction i s i ncluded as a c ondition i n t he p ermit o f the source relied upon to offset the emissions from the new major source or major modification, or in the case of reductions from sources controlled by the applicant, is included as a condition of the permit or permit revision under this rule for the new major source or major modification; 240.16 b. The emission reduction is adopted as a part of this rule or comparable rules of any other governmental entity or is contractually e nforceable b y t he C ontrol O fficer a nd i s i n e ffect at the time the permit is issued. 306.13 For t he p urpose o f t his r ule, t he Control O fficer may i nitiate o r a s ource may propose a mobile source emission reduction credit (MERC) program. “MERC Program” or “Program” means any activity undertaken by a person which g enerates ac tual mobile s ource e mission r eductions w ithin t he Maricopa County nonattainment area for purposes of establishing MERCs under this rule. a. Applicability: A MERC Program applies to any owner, user, transferor, or transferee of a MERC for new source review (NSR) purposes, of a mobile source for which a MERC has been granted, and for any generator of a MERC. b. Limitations: (1) A MERC Program can be a o ne-time action, a s eries of onetime actions, or a continuous set of actions. (2) A MERC generated by a MERC Program must create an actual emissions reduction. (3) A M ERC g enerated b y a M ERC P rogram i s s ubject t o the written approval of the Control Officer and the Administrator. (4) At a minimum, a MERC, like other emission reduction credits used as NSR offsets, must meet the requirements of Section 306.2 of t his r ule, i ncluding b eing s urplus, e nforceable, permanent, and quantifiable. (5) The MERC Program shall include specifications regarding: (a) Quantification of mobile source emission credit. (b) Life of mobile source emission credit. The life of a MERC shall be dependent on the duration of the actual emission reductions activity. For t he p urpose of t his section, actual emission r eductions me an emission reductions which occur or are projected to occur within the Maricopa County nonattainment area and which meet the requirements of Section 306.2 of this rule. 240.17 c. (c) Evidence of disposal of original mobile source. For the purpose of this section, disposal is not limited to scrapping a mo bile s ource b ut i ncludes r elocating a mobile source o utside t he M aricopa County nonattainment area. (d) Recordkeeping and reporting. Inspections And Recordkeeping: (1) Any o wner, u ser, t ransferor, o r t ransferee o f a M ERC for new s ource r eview ( NSR) purposes, o f a m obile source f or which a MERC has been granted, or any generator of a MERC s hall c ompile an d r etain, fo r five years b eyond t he credit l ife (if the credit has a limited life), all records reasonably necessary t o v erify compliance wi th t he requirements of this rule and with any other requirements imposed under the granting or use of the MERC. The Control Officer shall determine what records are "reasonably necessary" and, prior to the MERC-generating activity taking place, s hall ap prove a written d ocument, wh ich d escribes these requirements. Records may be maintained in an electronic fo rmat, i f c ompatible wi th e xisting Department computer equipment, as determined by the Control Officer. (2) Access to and copies of all applicable records, for inspection, shall be provided to the Control Officer upon request. (3) Any o wner, u ser, t ransferor, o r t ransferee o f a M ERC f or new s ource r eview ( NSR) purposes, o f a m obile source f or which a MERC has been granted, or any generator of a MERC, is subject to random inspections by the Control Officer to verify compliance with this rule and any other requirements imposed u nder the g ranting o r u se o f t he MERC. (4) The Control Officer shall, upon request, have access to the premises of any o wner, user, t ransferor, o r t ransferee o f a MERC for new source review (NSR) purposes, of any mobile source fo r wh ich a MERC h as b een granted, o r an y generator of a MERC, fo r purposes o f c onducting an inspection to v erify compliance wi th this r ule and wi th an y other requirements imposed under the granting or use of the MERC. 240.18 (5) 307 Inspections may include review of records, testing, or any other action to verify compliance with this rule and with any other requirements imposed under the granting or use of the MERC. SPECIAL REQUIREMENTS FOR MAJOR SOURCES OF VOC OR OXIDES OF NITROGEN IN OZONE NONATTAINMENT AREAS CLASSIFIED AS SERIOUS OR SEVERE: 307.1 The provisions of Section 307 of this rule only apply to stationary sources of VOC or oxides of n itrogen i n o zone n onattainment ar eas classified a s serious or severe. Unless otherwise provided in this rule, all requirements of 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 apply. 307.2 Significant me ans, f or the p urposes o f a ma jor modification o f any maj or source of VO C or oxides of n itrogen or f or determining wh ether a n otherwise minor source is major under Section 210-Definition Of Major Source of t his rule, an y p hysical c hange o r c hange i n t he me thod o f operations that r esults i n n et i ncreases i n e missions o f e ither p ollutant b y more than 25 tons when aggregated with all other creditable increases and decreases in emissions from the source over the previous five consecutive calendar years, i ncluding the calendar y ear i n which the increase is proposed. For the purpose of Section 307 of this rule, a physical change or change in the method of operation that results in an increase of less than one ton p er year of V OC o r o xides of n itrogen before n etting d oes n ot trigger a 5-year aggregation exercise. 307.3 For any major source that emits or has the potential to emit less than 100 tons V OC or o xides of n itrogen p er y ear, a s ignificant i ncrease i n V OC o r oxides o f n itrogen, r espectively, s hall c onstitute a maj or mo dification, except that the increase in emissions from any discrete emissions unit, operation, or other pollutant emitting activity that is offset from other units, operations, or activities at the source at a r atio of 1.3:1 for the increase in VOC or oxides of nitrogen, respectively, from the unit, operation, or activity shall not be considered part of the major modification. Best available control technology (BACT) shall be substituted for lowest achievable emission rate (LAER) for all major modifications under this section. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein s hall b e subject t o t he o ffset r equirements i n Section 307.5 a nd Section 307.6 of this rule. 307.4 For any stationary source that emits or has the potential to emit 100 tons or more of VOC or oxides of nitrogen per year, any significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification. If 240.19 the i ncrease i n e missions fr om t he m odification a t an y d iscrete e missions unit, operation, or other pollutant emitting activity is offset from other units, operations or activities at the source at a ratio of 1.3:1 for the increase in VOC or oxides of nitrogen, respectively from the unit, operation or activity, best available control technology (BACT) shall be substituted for lowest achievable emission rate (LAER) at the unit, operation, or activity. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein shall be subject to the offset requirements in Section 307.5 and Section 307.6 of this rule. 307.5 For any new major source or major modification that is classified major because of emissions or potential to emit VOC or oxides of nitrogen in an ozone nonattainment area classified as serious, the increase in emissions of these pollutants from the source or modification shall be offset at a r atio of 1.2:1. The offset shall be made in accordance with the provisions of Section 306 of this rule. 307.6 For any n ew major source o r major mo dification t hat i s c lassified as s uch because of emissions or potential to emit VOC or oxides of nitrogen in an ozone nonattainment area classified as severe, the increase in emissions of these pollutants from the source or modification shall be offset at a r atio of 1.3:1. If the State Implementation Plan (SIP) requires all existing major sources o f t hese pollutants i n the n onattainment ar ea t o a pply b est available control technology (BACT), then the offset ratio shall be 1.2:1. These o ffsets s hall b e m ade i n ac cordance wi th t he p rovisions o f Se ction 306 of this rule. 308 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN ATTAINMENT AND UNCLASSIFIABLE AREAS: 308.1 Except as provided in Section 308.2 through Section 308.7 and Section 509 of this rule, no permit or permit revision under this rule shall be issued to a person proposing to construct a new major source or proposing to make a major modification to a major source that would be constructed in an area designated as attainment or unclassifiable for any pollutant, unless the source or modification meets the following conditions: a. A new major source shall apply b est available control technology (BACT) for each pollutant listed in Rule 100-General Provisions And Definitions of these rules fo r w hich the p otential to e mit i s significant. b. A major modification shall apply best available control technology (BACT) for each pollutant listed in Rule 100-General Provisions And Definitions of these rules for which the modification would result in a significant net emissions increase at the source. T his requirement applies to each proposed emissions unit at which a net emissions 240.20 increase i n the p ollutant wo uld o ccur as a r esult o f a physical change or of a change in the method of operation in the unit. c. For phased construction projects, the determination of best available control t echnology (BACT) shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent p hase of t he project. At such t ime, the o wner o r operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology (BACT) for the source. d. Best available c ontrol technology ( BACT) shall be determined on a case-by-case b asis a nd may c onstitute a pplication o f p roduction processes or available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques, for c ontrol o f s uch p ollutant. In n o event s hall s uch application of best available control technology (BACT) result in emissions of an y pollutant which would e xceed the emissions allowed by any applicable new source performance standard or national e mission s tandard fo r h azardous ai r p ollutants u nder Rule 360-New Source Performance Standards, Rule 370-Federal Hazardous Air Pollutant Program, and Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) Program of these rules. If the Control Officer determines that technological or economic limitations on the a pplication o f m easurement me thodology 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 best available control technology (BACT). Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, w ork p ractice o r o peration, a nd shall provide f or compliance by means which achieve equivalent results. e. The person applying for the permit or permit revision under this rule performs an air impact analysis and monitoring as specified in Section 5 00 of this r ule and such analysis demonstrates that allowable e mission i ncreases f rom the proposed new major source or major mo dification, i n conjunction with al l other ap plicable emission increases or reductions, including secondary emissions, for all pollutants listed in Rule 500-Attainment Area Classification of these rules, and minor and mobile sources for oxides of nitrogen: 240.21 f. (1) Would not cause nor contribute t o an increase in concentrations of an y p ollutant b y an am ount i n e xcess of any applicable maximum allowable increase over the baseline c oncentration i n R ule 500-Attainment A rea Classification of t hese r ules fo r an y at tainment o r unclassified area; or (2) Would not cause nor contribute to an increase in ambient concentrations for a pollutant by an amount in excess of the significance l evel for s uch p ollutant in any ad jacent ar ea i n which Arizona primary or secondary ambient air quality standards for that pollutant are being violated. A new major source of volatile organic compounds (VOCs) or oxides of nitrogen, or a major modification to a major source of VOCs or oxides of n itrogen, shall b e p resumed to contribute t o violations o f t he A rizona amb ient air quality standards f or ozone if it will be located within 50 kilometers (31 miles) of a nonattainment ar ea f or ozone. The presumption may be rebutted for a new major source or major modification if it can be satisfactorily demonstrated to the Control Officer that emissions of VOCs or oxides of nitrogen from the new major source or major modification will not contribute to violations of t he Arizona amb ient ai r q uality standards fo r ozone i n adjacent nonattainment areas for ozone. Such a demonstration s hall include a s howing that t opographical, meteorological or other physical factors in the vicinity of the new maj or s ource o r major modification ar e such t hat transport of VOCs emitted from the source are not expected to contribute to violations of the ozone standards in the adjacent nonattainment areas. Air quality models: (1) All estimates of ambient concentrations required under this rule shall be based on the applicable air quality models, data basis, and other requirements specified in 40 C.F.R. 51, Appendix W, “Guideline On Air Quality Models”, as of July 1, 2004 (and no future amendments or additions), which shall be referred to hereinafter as "Guideline" and is adopted by reference. (2) Where an air quality impact model specified in the Guideline is i nappropriate, t he m odel may be mo dified or an other model substituted. Such a c hange is subject to notice a nd opportunity fo r p ublic c omment. Written a pproval o f the Administrator s hall be obtained for a ny modification or substitution. 240.22 308.2 The requirements of this section shall not apply to a new major source or major modification to a source with respect to a particular pollutant if the person applying for the permit or permit revision under this rule demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment for the pollutant. 308.3 The requirements of this section shall not apply to a new major source or major mo dification of a source i f s uch s ource or mo dification w ould b e a major source or major modification only if fugitive emissions, to the extent quantifiable, a re c onsidered in c alculating the potential e missions o f t he source or modification, and the source is not either among the Categorical Sources l isted i n Se ction 2 02 of this r ule o r b elongs t o the c ategory of sources f or wh ich N ew Source Performance S tandards (NSPS) under 4 0 C.F.R. Part 60 or National Emission Standards For Hazardous Air Pollutants (NESHAPS) under 40 C.F.R. Part 61, promulgated by the Administrator prior to August 7, 1980. 308.4 The requirements of this section shall not apply to a new major source or major modification to a source when the owner of such source is a nonprofit health or educational institution. 308.5 The requirements of this section shall not apply to a p ortable source which would otherwise be a new major source or major modification to an existing source if such portable source is temporary, is under a permit or permit revision issued under this rule, is in compliance with the conditions of that permit or permit revision under this rule, the emissions from the source will not impact a Class I area nor an area where an applicable increment is known to be violated, and reasonable notice is given to the Control Officer prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Control Officer not less than 10 calendar days in advance of the proposed relocation unless a different time duration is previously approved by the Control Officer. 308.6 Special Requirements Applicable To Federal Land Managers: a. Notwithstanding any other provision of this rule, a Federal Land Manager may present to the Control Officer a demonstration that the emissions attributed to such new major source or major modification to a source will have significant adverse impact on visibility or other specifically defined air quality related values of any Federal Mandatory area designated in Rule 500-Attainment Area Classification of these rules, regardless of the fact that the change in air quality resulting from emissions attributable to such new major source or major modification to a source in existence will not cause or c ontribute t o c oncentrations wh ich e xceed t he max imum allowable increases for a Class I area. If the Control Officer concurs 240.23 with such demonstrations, the permit or permit revision under this rule shall be denied. b. If t he o wner o r o perator o f a p roposed n ew m ajor s ource o r a source for which major modification is proposed demonstrates to the Federal Land Manager that the emissions attributable to such major source or major modification will have no significant adverse impact on the visibility or other specifically defined air quality related values of such areas and the Federal Land Manager so certifies to the Control Officer, the Control Officer may issue a permit or permit revision under this rule notwithstanding the fact that the change in air quality resulting from emissions attributable to such new major source o r maj or mo dification w ill c ause o r c ontribute t o concentrations which exceed the maximum allowable increases for a Class I area. Such a permit or permit revision under this rule shall require t hat such new major source or major mo dification c omply with such e mission l imitations as may be n ecessary t o as sure that emissions will not cause increases in ambient concentrations greater than t he fo llowing m aximum al lowable i ncreases o ver baseline concentrations for such pollutants: Maximum Allowable Increases Pollutant Averaging Time Increase In mg/m3 TSP Annual Geometric Mean 19 TSP 24-hour Maximum 37 SO2 Annual Arithmetic Mean 20 SO2 24-hour Maximum 91 SO2 3-hour Maximum 325 NO2 Annual Arithmetic Mean 25 308.7 The issuance of a p ermit or permit revision under this rule in accordance with this section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP) and any other requirements under local, State, or Federal law. 308.8 At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this rule 240.24 shall apply to the source or modification as though construction had not yet commenced on the source or modification. 309 STACK HEIGHT LIMITATION: 309.1 The l imitations s et fo rth h erein s hall n ot ap ply t o s tacks o r d ispersion techniques u sed b y t he owner o r o perator prior to D ecember 3 1, 1 970, for which the owner or operator had: a. Begun, or caused to begin, a continuous program of physical onsite construction of the stack; b. Entered into building agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a p rogram of construction of the stack to be completed in a reasonable time; or c. Coal fired steam electric generating units, subject to the provisions of Section 118 of the Act which commenced operation before July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974. 309.2 Good engineering practice (GEP) stack height is calculated as the greater of the following four numbers: a. 65 meters (213.25 feet). b. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable preconstruction permits or approvals required under 40 C.F.R. Parts 51 and 52 and Section 305 of this rule, Hg = 2.5H. c. For all other stacks, Hg = H + 1.5L, where: Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack; H = height of nearby structure measured from the ground-level elevation at the base of the stack; L = lesser dimension (height o r p rojected width) of nearby structure; provided that the EPA, the Director, or the Control Officer may require the use of a field study or fluid model to verify good engineering practice (GEP) stack height for the source; or 240.25 d. The height d emonstrated by a fluid model or a field study approved by the r eviewing ag ency, wh ich e nsures t hat t he emissions fr om a s tack do n ot r esult i n e xcessive c oncentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain obstacles. e. For a specific structure or terrain feature, "nearby" shall be: f. (1) For purposes of applying the formulae in Section 309.2(b) of this rule and Section 309.2(c) of this rule, that distance up to five times the lesser of the height or the width dimension of a structure but not greater than 0.8 km (onehalf mile). (2) For conducting demonstrations under Section 309.2(d) of this r ule, me ans n ot g reater t han 0. 8 k m (o ne-half mi le). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (H+) of the feature, not to exceed two miles if such feature achieved a height (H+) 0.8 km from the stack. The height shall be at least 40% of the good engineering practice (GEP) stack height determined by the formula provided in Section 309.2(c) of this rule, or 85 feet (26 meters), whichever is greater, as measured from the ground-level elevation at the base of the stack. "Excessive concentrations" means, for the purpose of determining good engineering practice stack height under Section 309.2(d) of this rule: (1) For sources seeking credit for stack height exceeding that established under Sections 309.2(b) and 309.2(c) of this rule, a maximum ground-level concentration due to emissions fr om a s tack d ue i n wh ole or i n p art to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at l east 40% i n e xcess o f t he max imum c oncentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due t o e missions fr om a ll s ources t hat i s g reater t han an ambient ai r q uality s tandard. For s ources s ubject t o t he requirements for permits or permit revisions under this rule, an e xcessive c oncentration al ternatively me ans a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes or 240.26 eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects and greater than the applicable maximum allowable increase contained in Rule 500-Attainment Area Classification of these rules. The allowable emission r ate to be used i n making demonstrations under Section 309.2(d) of this rule shall be prescribed by the new source performance standard (NSPS) which i s a pplicable t o t he s ource c ategory, u nless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Control Officer, an alternative emission rate shall be established i n c onsultation wi th t he s ource o wner o r operator. (2) (3) For s ources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under Sections 309.2(b) and 309.2(c) of this rule, either: (a) A maximum ground-level concentration due in whole o r i n p art t o d ownwash, wak es, o r e ddy effects as provided in Section 309.2(f)(1) of this rule, e xcept t hat e mission r ate s pecified b y a ny applicable State Implementation Plan (SIP) shall be used, or (b) The actual presence of a local nuisance caused by the existing stack, as determined by the Control Officer; and For sources seeking credit after January 12, 1979, for a stack height determined under Sections 309.2(b) and 309.2(c) of this rule, where the Control Officer requires the use of a field study or fluid model to verify good engineering p ractice ( GEP) stack h eight, fo r s ources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, b ased o n t he ae rodynamic i nfluence o f s tructures not adequately represented by the equations in Sections 309.2(b) a nd 3 09.2(c) o f t his r ule, a m aximum g roundlevel c oncentration d ue i n wh ole o r i n p art t o d ownwash, wakes, or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects. 240.27 309.3 The d egree o f e mission l imitation r equired o f an y s ource aft er t he respective date given in Section 309.1 of this rule for control of any pollutant s hall n ot be affe cted b y s o mu ch o f an y s ource's s tack h eight that exceeds g ood e ngineering p ractice o r b y a ny o ther d ispersion technique. 309.4 The good engineering practice (GEP) stack height for any source seeking credit b ecause o f p lume i mpaction wh ich r esults i n c oncentrations i n violation o f n ational ambient ai r q uality standards o r ap plicable prevention of significant deterioration (PSD) increments can be adjusted by determining the stack height necessary to predict the same maximum air p ollutant c oncentration o n an y e levated terrain fe ature as t he maximum c oncentration as sociated wi th t he e mission l imit wh ich r esults from modeling the source using the good engineering practice (GEP) stack height as determined herein and assuming the elevated terrain features to be equal in elevation to the good engineering practice (GEP) stack height. If this adjusted good engineering practice (GEP) stack height i s g reater t han stack h eight t he s ource p roposes to u se, the source's e mission l imitation an d ai r q uality i mpact s hall b e d etermined using the proposed stack height and the actual terrain heights. 309.5 Before the Control Officer issues a permit or permit r evision u nder this rule to a source based on a good engineering practice (GEP) stack height that exceeds the height allowed by Section 309.2 of this rule, the Control Officer shall notify the public of the availability of the demonstration study and p rovide opportunity fo r a p ublic h earing i n ac cordance wi th t he requirements of Rule 210-Title V Permit Provisions of these rules. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 POLLUTANTS TO BE INCLUDED IN ANALYSIS OF AMBIENT AIR QUALITY: Any ap plication fo r a p ermit o r p ermit r evision u nder t his r ule t o construct a new major source or major modification to a major source shall contain for each of the following pollutants an analysis of ambient air quality in the area that the new major source or major modification would affect: 501.1 For the new source, each pollutant that it would have the potential to emit in a significant amount. 501.2 For t he mo dification, e ach p ollutant fo r wh ich i t wo uld r esult i n a significant net emissions increase. 240.28 502 PRECONSTRUCTION AIR QUALITY MONITORING DATA: 502.1 With respect to any such pollutant for which no national ambient air quality standard exists, the analysis shall contain all air quality monitoring data as the Control Officer determines is necessary to assess ambient air quality fo r t hat p ollutant i n an y ar ea t hat t he e missions o f t he p ollutant would affect. 502.2 With respect to any s uch p ollutant, o ther t han n onmethane hydrocarbons, for which a national ambient air quality standard does exist, t he an alysis s hall c ontain c ontinuous ai r q uality mo nitoring d ata gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of such standard or of any maximum allowable increase. 502.3 In g eneral, t he c ontinuous ai r q uality mo nitoring d ata that i s r equired shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that i f t he Co ntrol O fficer d etermines t hat a c omplete an d ad equate analysis can be accomplished with continuous air quality monitoring data gathered over a period shorter than one year, but not to be less than four months, the data that is required shall have been gathered over at least that shorter period. 503 COMPLETE APPLICATION AIR QUALITY MONITORING DATA: For any application which, prior to February 9, 1982, becomes complete, except as to the requirements o f Section 502.2 of t his rule, t he data that Section 502.2 o f this rule requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise complete, except that: 503.1 If the new source or modification would have been major for that pollutant under Section 308 of this rule as in effect on October 2, 1979, any monitoring data shall have been gathered over at least the period required by Section 308 of this rule. 503.2 If the Control Officer determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be l ess t han four months), t he d ata t hat Section 502.2 o f t his r ule requires shall have been gathered over that shorter period. 503.3 If t he mo nitoring d ata would r elate e xclusively to o zone an d wo uld n ot have been required under Section 308 of this rule as in effect on October 2, 1979, the Control Officer may waive the otherwise applicable requirements of Section 308 of this rule to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over the full year. 240.29 504 POST-APPROVAL AIR QUALITY MONITORING DATA FOR OZONE: The owner or operator of a proposed stationary source or modification to a source of VOCs wh o s atisfies al l c onditions o f 40 C .F.R. 5 1, A ppendix S , Se ction I V, ma y provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Section 502 of this rule. 505 POST-CONSTRUCTION AIR QUALITY MONITORING DATA: The owner or operator of a new major source or major modification shall, after construction of the source or modification, conduct such ambient monitoring as the Control Officer determines is necessary to determine the effect emissions from the new source or modification may have, or are having, on air quality in any area. 506 OPERATIONS OF MONITORING STATIONS: The owner or operator of a new major source or major modification shall meet the requirements of 40 C.F.R. 58, Appendix B, during the operation of monitoring stations for purposes of satisfying Section 502 through Section 505 of this rule. 507 EXCEPTIONS TO MONITORING FOR A PARTICULAR POLLUTANT: The requirements of Section 502 through Section 506 of this rule shall not apply to a new major source or major modification to an existing source with respect to monitoring for a particular pollutant if: 507.1 The e missions i ncrease o f t he p ollutant fr om t he n ew s ource o r t he n et emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: Pollutant Concentration Averaging Time Carbon Monoxide 575 mg/m3 8 hour average Nitrogen dioxide 14 mg/m3 annual average PM10 10 mg/m3 24 hour average Sulfur dioxide 13 mg/m3 24 hour average Lead 0.1 mg/m3 24 hour average Fluorides 0.25 mg/m3 24 hour average Total reduced sulfur 10 mg/m3 1 hour average Hydrogen sulfide 0.04 mg/m3 1 hour average Reduced sulfur compounds 10 mg/m3 1 hour average Ozone Increased emissions of less than 100 tons per year of volatile organic compounds or oxides of nitrogen or, 240.30 507.2 The concentrations o f the pollutant in t he area that the new source or modification wo uld affe ct ar e l ess t han t he c oncentrations l isted i n Section 507.1 of this rule. 508 VISIBILITY AND AIR QUALITY IMPACT ANALYSIS: Any ap plication fo r a permit o r a permit r evision u nder t his r ule t o c onstruct a n ew maj or s ource o r major modification to a source shall contain: 508.1 An analysis of the impairment to visibility, soils and vegetation that would occur as a result of the new source or modification and general commercial, residential, industrial and o ther growth associated with the new source or modification. The applicant need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. 508.2 An analysis of the air quality impact projected for the area as a result of general c ommercial, r esidential, i ndustrial an d other g rowth as sociated with the new source or modification. 509 INNOVATIVE CONTROL TECHNOLOGY: 509.1 Notwithstanding t he p rovisions o f Sections 308.1(a), 3 08.1(b), a nd 308.1(c), of this rule, the owner or operator of a proposed new major source or major modification may request that the Control Officer approve a s ystem o f i nnovative c ontrol t echnology r ather t han t he best available control technology (BACT) requirements otherwise applicable to the new source or modification. 509.2 The Control Officer shall approve the installation of a system of innovative control technology if the following conditions are met: a. The owner or operator of the proposed source or modification satisfactorily demonstrates t hat t he p roposed c ontrol s ystem would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; b. The o wner o r o perator agrees t o ac hieve a l evel o f c ontinuous emissions reduction equivalent to that which would have been required under Section 308.1(b) of this rule by a date specified in the permit or permit revision under this rule for the source. Such date shall not be later than four years from the time of start-up or seven years fr om t he i ssuance o f a p ermit or p ermit r evision under this rule; 240.31 c. The source or modification would meet requirements equivalent to those in Section 308.1 of this rule 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 rule; d. Before the date specified in the permit or permit revision under this rule, the source or modification would not: (1) Cause or contribute to any violation of an applicable State ambient air quality standard; or (2) Impact an y ar ea where an ap plicable increment is k nown to be violated. e. All o ther ap plicable r equirements, i ncluding t hose fo r p ublic participation have been met. f. The Control Officer receives the consent of the governors of other affected states. g. The l imits o n p ollutants c ontained i n R ule 500-Attainment A rea Classification of these rules for Class I areas will be met for all periods during the life of the source or modification. 509.3 The Control Officer shall wi thdraw any approval to employ a system o f innovative control technology made under this rule if: a. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or b. The proposed system fails before the specified date, so as to contribute t o an u nreasonable r isk to public h ealth, we lfare, o r safety; or c. The Control Officer decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. 509.4 If the new source or major modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with Section 509.3 of this rule, the Control O fficer may al low t he o wner o r o perator o f the s ource o r modification up to an additional three years to meet the requirement for the application of best available control technology (BACT) through use of a demonstrated system of control. 240.32 510 AIR QUALITY MODELS: 510.1 Where the Control Officer requires a person requesting a permit or permit revision under this rule to perform air quality impact modeling to obtain such permit or permit revision under this rule, the modeling shall be performed in a manner consistent with the Guideline. 510.2 Where the person requesting a permit or permit revision under this rule can d emonstrate t hat an ai r quality impact model specified i n the Guideline is inappropriate, the model may be modified or another model substituted. However, before such modification or substitution can occur, the Control Officer must make a written finding that: a. No model in the Guideline is appropriate for a particular permit or permit revision under this rule under consideration; or b. The data base required for the appropriate model in the Guideline is not available; and c. The mo del p roposed as a s ubstitute o r mo dification i s l ikely t o produce results equal or superior to those obtained by models in the Guideline; and d. The model proposed as a substitute or modification has been approved by the Administrator. 510.3 Use of a modified or substituted model under this rule shall be subject to notice and opportunity for public comment under Rule 210-Title V Permit Provisions of these rules. 511 VISIBILITY PROTECTION: 511.1 For any new major source or major modification subject to the provisions of this rule, no permit or permit revision under this rule shall be issued to a person proposing to construct or to modify the source, unless the applicant has provided: a. An analysis of the anticipated impacts of the proposed source on visibility in any Class I areas which may be affected by the emissions from that source; and b. Results of monitoring of v isibility in any area n ear t he proposed source fo r such p urposes an d b y s uch me ans as the Co ntrol Officer determines is necessary and appropriate. 511.2 A determination of an adverse impact on visibility shall be made based on consideration of all of the following factors: 240.33 a. The times of visitor use of the area. b. The frequency and timing of natural conditions in the area that reduce visibility. c. All of the following visibility impairment characteristics: d. (1) Geographic extent; (2) Intensity; (3) Duration; (4) Frequency; and (5) Time of day. The c orrelation b etween t he ch aracteristics l isted i n Section 511.2(c) of this rule and the factors described in Sections 511.2(a) and 511.2(b) of this rule. 511.3 The Control Officer shall not issue a permit or a permit revision under this rule, o r p ursuant t o Rule 200-Permit R equirements, Rule 210-Title V Permit Provisions, Rule 245-Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these rules, for any new major source or major modification subject to this rule, unless the following requirements have been met: a. The Control Officer shall notify the individuals identified in Section 511.3(b) o f t his r ule wi thin 30 d ays o f receipt o f an y ad vance notification o f an y s uch p ermit ap plication o r p ermit r evision application under this rule. b. Within 30 days of receipt of an application for a permit or permit revision under this rule for a source whose emissions may affect a Class I ar ea, t he Co ntrol O fficer s hall p rovide w ritten n otification of the application to the Federal Land Manager and to the federal official c harged wi th d irect r esponsibility fo r ma nagement o f any lands within any such area. The notice shall: (1) Include a c opy o f al l i nformation r elevant t o t he p ermit application or to the permit revision application under this rule; (2) Include an analysis o f t he an ticipated i mpacts o f t he proposed s ource o n v isibility i n an y ar ea wh ich may b e affected by emissions from the source; and 240.34 (3) c. d. Provide for no less than a 30 day period within which written comments may be submitted. The Co ntrol O fficer s hall c onsider an y an alysis p rovided by t he Federal Land Manager that is received within the comment period provided in Section 511.3(b) of this rule. (1) Where the Control Officer finds that the analysis provided by the Federal Land Manager does not demonstrate to the satisfaction of the Control Officer that an ad verse i mpact on visibility will result in the area, the Control Officer shall, within the public notice required by Rule 210-Title V Permit Provisions of these rules, either explain the decision or specify where the explanation can be obtained. (2) When t he Co ntrol O fficer fi nds t hat t he an alysis p rovided by the Federal Land Manager demonstrates to the satisfaction of the Control Officer that an ad verse i mpact on visibility will result in the area, the Control Officer shall not issue a permit or permit revision under this rule for the proposed new major source or major modification. When the proposed permit decision is made under Rule 210-Title V Permit Provisions of these rules and available for public review, the Control Officer shall provide the individuals identified in Section 511.3(b) o f t his r ule wi th a c opy o f t he proposed p ermit decision an d s hall mak e av ailable t o t hem an y materials u sed i n making that determination. 240.35 BLANK PAGE 240.36 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 241 PERMITS FOR NEW SOURCES AND MODIFICATIONS TO EXISTING SOURCES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS (NOT INCLUDED) SECTION 300 - STANDARDS 301 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) REQUIRED 302 REASONABLY AVAI LABLE C ONTROL T ECHNOLOGY (RACT) REQUIRED 303 CIRCUMVENTION SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 241.1 BLANK PAGE 241.2 Adopted 11/15/93 Revised 06/19/96 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 241 PERMITS FOR NEW SOURCES AND MODIFICATIONS TO EXISTING SOURCES SECTION 100 - GENERAL 101 PURPOSE: To provide control technology r equirements f or ne w s ources a nd modifications to existing sources of air pollution requiring permits or permit revisions. 102 APPLICABILITY: The provisions of this rule shall not apply to new major sources and major modifications to existing major sources subject to the requirements of Rule 240 of these rules. SECTION 300 - STANDARDS 301 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) REQUIRED: An applicant f or a pe rmit or pe rmit r evision s ubject t o R ules 210, 220, or 230 of these rules shall apply BACT for each pollutant emitted which exceeds any of the threshold limits set forth in any one of the following criteria: 301.1 Any new stationary source which emits more than 150 lbs/day or 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide, or particulate matter; more than 85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day or 100 tons/yr of carbon monoxide. 301.2 Any modified stationary source if the m odification c auses a n i ncrease i n emissions on any single day of more than 150 lbs/day or 25 tons/yr of volatile organic compounds, ni trogen ox ides, s ulfur di oxide or pa rticulate m atter; more than 85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day or 100 tons/yr of carbon monoxide. BACT is only required for the sources or group of sources being modified. 241.3 302 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) REQUIRED: An a pplicant f or a pe rmit or pe rmit r evision f or a new or modified stationary source which emits or causes an increase in emissions of up t o 150 l bs/day or 25 tons/yr of volatile organic compounds, or particulate matter; up to 85 lbs/day or 15 t ons/yr of P M10; or up t o 550 l bs/day or 100 t ons/yr of carbon monoxide shall apply RACT for each pollutant emitted from said new or modified stationary source. 303 CIRCUMVENTION: The submission of applications for permits or permit revisions for new or modified sources in phases so a s t o c ircumvent t he r equirements of t his section is prohibited. The burden of proof to show that an application for a permit or permit revision is not being submitted as a phase of a larger project shall be upon the applicant. A person shall not bui ld, e rect, i nstall, or us e a ny a rticle, m achine, equipment, condition, or a ny c ontrivance, t he us e of w hich, w ithout r esulting i n a reduction in the total release of air contaminants to the atmosphere, conceals or dilutes an emission which would ot herwise c onstitute a vi olation of t his s ection. A pe rson shall n ot c ircumvent th is s ection to d ilute a ir c ontaminants b y u sing mo re emission openings than is considered nor mal pr actice by t he i ndustry or by t he a ctivity i n question. 241.4 Return to Table of Contents REGULATION II – PERMITS AND FEES RULE 242 EMISSION OFFSETS GENERATED BY THE VOLUNTARY PAVING OF UNPAVED ROADS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 EMISSION OFFSETS 202 ENFORCEABLE 203 PERMANENT 204 QUANTIFIABLE 205 ROADWAY SEGMENT 206 SURPLUS SECTION 300 – STANDARDS 301 OFFSET PLAN REQUIREMENT 302 CALCULATION METHODOLOGY 303 STANDARDS FOR APPROVING OFFSET PLANS 304 OFFSET PLAN COMPLETION 305 ROAD INTEGRITY RESPONSIBILITIES 306 OFFSET INTEGRITY RESPONSIBILITIES 307 PROCEDURES FOR PAVING PROJECTS ALREADY COMPLETED SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 242.1 SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND RECORDS RETENTION 502 TEST METHODS APPENDIX A 242.2 BLANK PAGE 242.3 Adopted 6/20/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II – PERMITS AND FEES RULE 242 EMISSION OFFSETS GENERATED BY THE VOLUNTARY PAVING OF UNPAVED ROADS SECTION 100 – GENERAL 101 PURPOSE: To establish enforceable procedures for calculating emission reductions of particulate matter at 10 microns or less (PM 10 ) created through the voluntary paving of unpaved public roads that will be used as offsets to meet New Source Review (NSR) requirements. 102 APPLICABILITY: This rule applies to applicants subject to NSR requirements, who need PM 10 offsets for the construction of new major stationary sources or major modifications to an existing major stationary source in the Maricopa County PM 10 non-attainment area and those same applicants who also voluntarily elect to generate emission reductions of PM 10 by paving unpaved public roads in the Maricopa County non-attainment area. SECTION 200 – DEFINITIONS: For the purpose of this rule the following definitions shall apply: 201 EMISSION OFFSETS – Emission reductions that have occurred and continue to occur within the Maricopa County PM 10 non-attainment area, used to mitigate emission increases from new or modified major sources. 202 ENFORCEABLE – Offsets are enforceable if they are independently verifiable, program violations are defined, those liable can be identified, and the Administrator and the Control Officer can apply penalties and secure appropriate corrective action where applicable. 242.4 203 PERMANENT – Continuing or enduring for the duration of the New Source Review (NSR) obligation. 204 QUANTIFIABLE – Emission reductions that can be reliably and replicably measured by adhering to the quantification protocol set forth in this rule. 205 ROADWAY SEGMENT – A section of roadway between two definitive points, including but not limited to intersections, road ends or other demarcation points, which define a change in the roadway structure. The length of such segments shall be expressed in miles and/or fractions thereof. 206 SURPLUS – The amount of emission reductions from the paving of an unpaved road that are not: 206.1 Required by federal, state, local law or the Clean Air Act; or 206.2 Included, required or relied upon in the existing federally approved State Implementation Plan (SIP); or 206.3 Included in the Agricultural Best Management Plan; or 206.4 Used by any source to meet any other regulatory requirement including but not limited to, at the time offsets are used, Reasonable Available Control Technology (RACT); or 206.5 Required by any other legal settlement or consent decree; or 206.6 Included in any SIP-related requirements, including but not limited to: Reasonable Further Progress (RFP), milestones, attainment demonstration, conformity regulations, emissions inventories, operating permit regulations, operating permits issued under Maricopa County or Arizona operating permit regulations, any requirement contained in any new source review permits such as Best Available Control Technology (BACT) and Lowest Achievable Emission Rate (LAER) determinations, limitations on operations of 242.5 raw materials, emission reductions used for offset or netting purposes, and assumptions used in an attainment demonstration; or 206.7 Subject to be included in any of the following as contained in the SIP-approved Plan or in the latest locally-adopted rules or PM plan: Rule 310.01 or Rule 310 of the Maricopa County Air Pollution Control Rules and Regulations, the resolutions listed in 40 CFR 52.120(c)(100), Arizona Revised Statutes Sections 49-457 and 49-504.4, or contingency measures. SECTION 300 – STANDARDS 301 OFFSET PLAN REQUIREMENTS: Applicants who choose to use the provisions of this rule to meet their NSR PM 10 offset requirements shall submit an Offset Plan. The Offset Plan shall at a minimum contain the information specified in Sections 301.1 through 301.8. 301.1 A statement that the offsets will be generated from the paving of unpaved public roads identified within the Offset Plan. 301.2 A statement that the unpaved road(s) will be paved according to state or local government paving standards. 301.3 A list of roads that the generator has proposed for paving including their location and roadway segment identification. 301.4 A copy of a letter or agreement from the appropriate state or local government stating that the public road(s): a. Has been inspected; b. Has been described as being either gravel- or non-gravel-surfaced; c. Will be adopted into the state or local government transportation network, if not already a part of the network; and 242.6 d. Will be maintained. 301.5 Calculations that quantify vehicle miles traveled for each roadway segment, including all supporting data from the traffic counts performed pursuant to Section 302.1. 301.6 Calculations that quantify emissions from each roadway segment before and after paving, including all results and supporting data from any source-specific testing performed pursuant to Section 302.2. 301.7 Results of any silt content testing performed on the unpaved roads according to Section 502. 301.8 Documentation from the local government, photos, or videos of the public roads to be paved if they are classified as “non-gravel” roads. 302 CALCULATION METHODOLOGY: Calculations of vehicle miles traveled and the emission(s) reductions from the voluntary paving of roads, for each roadway segment, shall be determined according to the procedures in Sections 302.1 and 302.2. 302.1 Vehicle Miles Traveled (VMT): For the purpose of calculating vmt/day and vmt/year for emission reduction calculations, the applicant shall conduct two traffic counts for each roadway segment. a. Each traffic count shall measure vehicular traffic over a 48-hour period, which may consist of two non-consecutive 24-hour periods. Vehicular traffic shall be measured continuously during each 24-hour period. b. The two distinct 24-hour traffic counts shall be conducted on two non-holiday weekdays. c. The vmt/day and vmt/year calculations for each roadway segment shall be based on the time-weighted averages of the two separate traffic counts for that particular roadway segment. 242.7 d. The vmt/day shall be calculated by multiplying traffic count results by the length of the roadway segment in miles to the nearest 1/10 of a mile. e. The average raw daily traffic count shall be multiplied by the daily and monthly seasonal adjustment factors for paved roads and added together for each of the 12 months to calculate the annual vehicle miles traveled. For the purpose of the rule, the adjustment factors shall be obtained from the most recent Freeway Management System data provided by the Arizona Department of Transportation. 302.2 Emissions From Unpaved and Paved Roads: a. The equations provided in Appendix A shall be used to determine the quantity of PM 10 emissions (in terms of lbs/VMT) emitted from each unpaved and paved road segment. b. The default values provided in Appendix A for silt content shall be used to calculate PM 10 emissions, unless the applicant provides source-specific values obtained in accordance with Section 502. c. The PM 10 emission reduction associated with paving a segment of unpaved road shall be calculated as the difference, in tons per year, between the emissions from the road in the unpaved condition and the emissions from the road in the paved condition. 303 STANDARDS FOR APPROVING OFFSET PLANS 303.1 The Control Officer will approve an Emission Offset Plan if it complies with Section 301 and demonstrates that the emission reductions are quantifiable, permanent, enforceable, and surplus. 303.2 The Control Officer shall issue a written approval of the Offset Plan within 90 days after receiving all of the information required by Section 301, indicating which roadway segment(s) may be paved and the amount of resulting emission offsets that may be generated for each roadway segment. 242.8 303.3 An approved Offset Plan shall not generate offsets from roadway segments that were paved before June 20, 2007, 304 OFFSET PLAN COMPLETION: 304.1 When the applicant has completed paving any of the roadway segment(s) specified in Section 303.2, the applicant shall submit to the Control Officer a summary report that identifies each roadway segment(s) paved, provides the date(s) paving was completed, and includes a copy of the local or state governments’ report or written statement evaluating the condition of each roadway segment. If a written statement is submitted in lieu of a report, the applicant shall submit a follow up report within 30 days after the local or state government’s report is available. 304.2 The Control Officer shall issue an approval in writing for the quantity of emission reductions actually generated, based on data submitted pursuant to Section 304.1, prior to the applicant commencing normal operations. 304.3 The quantity of emission reductions approved by the Control Officer pursuant to Section 304.2, may be used to meet NSR PM 10 offset requirements. 305 ROAD INTEGRITY RESPONSIBILITIES: After the paving of the roadway segment(s) identified in Section 304.1 is completed, the applicant for a period of 30 years shall: 305.1 At least once every two years after the initial summary report required by Subsection 304.1 is submitted obtain a copy of the local or state governments’ report evaluating the condition of each roadway segment(s) identified in Section 304.1; and 305.2 Review the report upon receipt and determine if any roadway segment(s) identified in Section 304.1 is degraded. The roadway segment shall be considered degraded if the pavement condition score is less than 30% according to the pavement condition analysis criteria listed in the document published by the American Association of State Highway and Transportation Officials (AASHTO) entitled Guidelines for Pavement Management Systems, July 1990. 242.9 305.3 Within 60 days of receipt of the report, submit to the Control Officer a copy of the report and a statement identifying any roadway segment(s) that is degraded. 306 OFFSET INTEGRITY RESPONSIBILITIES: 306.1 If pursuant to Section 305.3 any of the road segments paved and approved by the Control Officer under Section 304.2 are found to be degraded, then within 12 months of the report submittal date, the applicant shall provide replacement offsets. 306.2 Replacement offsets may be provided by: a. Repaving the degraded road segment(s) identified in Section 305.3, and upon completion submit a report that includes the information specified in Section 304.1 or b. Generating the appropriate number of PM 10 offsets pursuant to Rule 242 or c. Generating the appropriate number of PM 10 offsets pursuant to Rule 204. 307 PROCEDURES FOR PAVING PROJECTS ALREADY COMPLETED ALREADY COMPLETED: Notwithstanding the provisions of Section 303.3, the owner or operator of any previously permitted modifications that utilized PM 10 offsets generated from road paving which occurred before June 20, 2007, may establish federal enforceability and secure federal recognition of the offsets, by complying with the following requirements: 307.1 Submit an Offset Plan consistent with the requirements of Section 301, with the following modification to Section 301.5: the traffic counts are not required to be performed pursuant to Section 302.1 307.2 Submit a summary report consistent with the requirements of Section 304.1 307.3 The silt content of the unpaved road(s) used in calculating the PM 10 emission reductions under Section 302.2 shall be that for a gravel road, 6.2%, unless the Arizona government transportation agency responsible for the road(s) provides documentary evidence that the road(s) did not, in fact, have a gravel surface. 242.10 307.4 Comply with Sections 305, 306 and 501. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND RECORDS RETENTION: After the Control Officer has issued an approval of the emission reductions in writing, copies of the documents submitted and/or obtained pursuant to Sections 301, 303.2, 304.1, 305.1, 305.2 and 306 shall be maintained onsite for a minimum of thirty (30) years and provided to the Control Officer upon request. 502 TEST METHODS: Unless the applicant uses the default silt content values provided in Appendix A, silt content of the unpaved road segments shall be determined using the sampling and laboratory analysis procedures provided in EPA's "Compilation of Air Pollutant Emission Factors," (AP-42), Fifth Edition, Volume 1, Appendix C.1. If the applicant performs any silt content analysis, or has such analysis performed on its behalf, the applicant must use the silt content determined from that analysis to calculate PM 10 emissions. 242.11 BLANK PAGE 242.12 APPENDIX A Appendix A consists of calculations for emissions of unpaved and paved roads from the document: AP- 42, Fifth edition, Compilation of Air Pollutant Emission Factors, Volume 1, Stationary and Point Area Sources, Miscellaneous Sources, Chapter 13, December, 2003. 1. UNPAVED ROADS: a. For the purposes of this rule, the following empirical expression shall be used to estimate the quantity in pounds (lb) of particulate emissions from publicly accessible unpaved roads, dominated by light duty vehicles, per vehicle mile traveled (VMT) is: Equation #1 : E = k(s/12) a (S/30) d −C (M/0.5) c where k, a, c, and d are empirical constants given in Table A below and E = size-specific emission factor (lb/VMT) s = surface material silt content (%) M = surface material moisture content (%) S = mean vehicle speed (mph) C = emission factor for 1980's vehicle fleet exhaust, brake wear and tear. b. The default values listed for surface material silt content, (s),in Table B shall be used in Equation 1, as applicable, unless the applicant provides source-specific values for (s) using the methods specified in Section 502. c. The source characteristics s, and M in this formula are referred to as correction parameters for adjusting the emission estimates to local conditions. The conversion from lb/VMT to grams (g) per vehicle kilometer traveled (VKT) is as follows: 1 lb / VMT = 281.9g / VKT 242.13 TABLE A - CONSTANTS FOR EQUATION #1 UNPAVED PUBLIC ROADS CONSTANT PM-2.5 PM-10 k (lb/VMT) 0.27 1.8 a 1 1 c 0.2 0.2 d 0.5 0.5 Quality Rating C B TABLE B - DEFAULT VALUES FOR EQUATION #1 –UNPAVED PUBLIC ROADS VARIABLE DEFAULT VALUE s (%) 6.2 % gravel road s (%) 11 % dirt road W average weight of vehicle M 1% S 20 mph C 0.00047 lb / VMT 2. PAVED ROADS: a. The quantity of particulate emissions from resuspension of loose material on the road surface due to vehicle travel on a dry paved road may be estimated using the following empirical expression: Equation #3 E = k (sL/2)0.65 (W/3)1.5 _ C where: E = particulate emission factor (having units matching the units of k) k = particulate size multiplier for particle size range and units of interest sL = road surface silt loading (grams per square meter) (g/m2) W = average weight (tons) of the vehicles traveling the road C = emission factor for 1980s vehicle fleet exhaust, brake wear and tire wear. 242.14 b. The particulate size multiplier (k) above varies with aerodynamic size range. To determine particulate emissions for a specific particle range, use the appropriate value of k in Table C. TABLE C PARTICLE SIZE MULTIPLIERS FOR PAVED ROAD EQUATION (k constant) SIZE RANGE g/VKT g/VMT lb/ VMT PM -2.5 1.1 1.8 0.0040 PM -10 4.6 7.3 0.016 PM -15 5.5 9.0 0.020 PM -30 24 38 0.082 TABLE D - DEFAULT VALUES FOR EQUATION #3 - PAVED ROADS VARIABLE DEFAULT VALUE sL(g/m2) - public roads 0.23 grams/m2 W 3.74 tons C 0.00047 lb/ VMT 242.15 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 245 CONTINUOUS SOURCE EMISSION MONITORING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 CAPACITY FACTOR 202 CONTINUOUS MONITORING SYSTEM 203 EMISSION STANDARD 204 FOSSIL FUEL-FIRED STEAM GENERATOR 205 NITRIC ACID PLANT 206 SULFURIC ACID PLANT SECTION 300 - STANDARDS 301 EQUIPMENT INSTALLATION AND PERFORMANCE TESTS 302 MINIMUM MONITORING REQUIREMENTS 303 MINIMUM SPECIFICATIONS FOR MONITORING EQUIPMENT 304 MINIMUM DATA REQUIREMENTS 305 MONITORING EQUIPMENT OPERATING REQUIREMENTS 306 EXEMPTIONS 307 SPECIAL CONSIDERATION SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) SECTION 500 - MONITORING AND RECORDS 245.1 501 DATA REDUCTION 502 MONITORING DATA REQUIRED 503 MONITORING EQUIPMENT INSPECTIONS 504 TRANSMISSOMETER RESULTS 245.2 Revised 07/13/88 Repealed and Adopted 11/15/93 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 245 CONTINUOUS SOURCE EMISSION MONITORING SECTION 100 - GENERAL 101 PURPOSE: To set f orth c ontinuous s ource e mission m onitoring r equirements f or fossil fu el-fired g enerators, n itric aci d plants, s ulfuric a cid pl ants a nd f luid be d catalytic cracking units. 102 APPLICABILITY: This rule applies to: 102.1 Fossil fuel-fired steam generators, as specified in Section 302.1 of this rule, which s hall be m onitored f or opa city e missions, ni trogen oxides emissions, sulfur dioxide emissions and oxygen or carbon dioxide. 102.2 Nitric acid plants, as s pecified i n S ection 302.2 of t his rule, which s hall be monitored for nitrogen oxides emissions. 102.3 Sulfuric acid plants, as specified in Section 302.3 of this rule, which shall be monitored for sulfur dioxide emissions. 102.4 Fluid bed catalytic cracking unit catalyst regenerators, as specified in Section 302.4 of this rule, which shall be monitored for sulfur dioxide emissions. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 CAPACITY FACTOR - The ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment. 245.3 202 CONTINUOUS MONITORING SYSTEM - The t otal e quipment r equired unde r Section 302 of this rule to sample and analyze emissions or process parameters and to provide a permanent data record. 203 EMISSION STANDARD - A r egulation ( or por tion t hereof) setting forth an allowable r ate of e mission, l evel of opa city, or pr escribing e quipment or f uel specifications that result in control of air pollution emissions. 204 FOSSIL FUEL-FIRED STEAM GENERATOR - A furnace or boi ler us ed i n t he process of burning fossil fuel f or t he pr imary pur pose of pr oducing s team by he at transfer. 205 NITRIC ACID PLANT - Any s ource pr oducing ni tric a cid 30 t o 70 percent in strength by either the pressure or atmospheric pressure process. 206 SULFURIC ACID PLANT - Any s ource pr oducing s ulfuric a cid by t he c ontact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge. This does not include sources where conversion to sulfuric acid is utilized primarily as a m eans of pr eventing e missions t o t he a tmosphere of s ulfur di oxide or other sulfur compounds. SECTION 300 - STANDARDS 301 302 EQUIPMENT INSTALLATION AND PERFORMANCE TESTS: Every owner or operator of an emission source in a category described in Section 102 of this rule shall: 301.1 Install, c alibrate, ope rate, a nd m aintain a ll monitoring equipment necessary for continuously monitoring the pollutants specified in this rule, and 301.2 Complete the installation and performance tests of such equipment and begin monitoring and recording within 18 months of plant approval. MINIMUM MONITORING REQUIREMENTS: 302.1 Fossil Fuel-Fired Steam Generators: Each f ossil f uel-fired s team generator, except as provided in Sections 302.1a and 302.1b of this rule, with an an nual av erage cap acity f actor greater t han 3 0 p ercent as reported to the Federal Power C ommission f or c alendar y ear 1974, or a s ot herwise demonstrated to the Control Officer by the owner or operator, shall conform with the following monitoring requirements when such source is subject to an emission standard of an applicable plan for the pollutant in question. 245.4 a. A c ontinuous e mission m onitoring s ystem f or t he m easurement of opacity which meets the performance specifications of Section 303.1 of this rule shall be installed, c alibrated, m aintained, a nd ope rated i n accordance with the procedures of this rule by the owner or operator of any such steam generator of greater than 250 million BTU per hour heat input except where: (1) Gaseous fuel is the only fuel burned, or (2) Oil or a mixture of gas and oil are the only fuels burned and the source is a ble to c omply w ith th e a pplicable p articulate matter and opacity regulations without u tilization o f p articulate ma tter collection equipment, and where the source has never been found through any administrative or j udicial pr oceedings t o be i n violation of any visible emission standard of the applicable plan. b. A continuous e mission m onitoring s ystem f or t he m easurements of sulfur di oxide w hich m eets t he performance s pecifications o f S ection 303.3 of t his r ule, s hall be i nstalled, c alibrated, us ing s ulfur di oxide calibration gas mixtures, gas cells or other gas mixtures approved by the Control O fficer, m aintained, a nd ope rated on f ossil f uel-fired s team generators of g reater t han 250 m illion B TU pe r hour heat input which has installed sulfur dioxide pollutant control equipment. c. A c ontinuous e mission m onitoring s ystem f or t he m easurement of nitrogen ox ides w hich m eets t he pe rformance s pecification o f Section 303.2 of this r ule s hall be installed, c alibrated, u sing n itric o xide calibration gas mixtures, gas cells or other gas mixtures approved by the Control O fficer, m aintained, a nd ope rated on f ossil f uel-fired s team generators of greater t han 1000 m illion BTU per hour heat input when such source is located in an air quality control region where the Control Officer h as s pecifically determined that a c ontrol s trategy f or n itrogen dioxide i s ne cessary t o a ttain t he na tional s tandards, unl ess the source owner or ope rator de monstrates dur ing source co mpliance t ests as required by the Control Officer that such a source emits nitrogen oxides at levels 30 percent or m ore be low t he e mission s tandard w ithin t he applicable plan. d. A continuous e mission m onitoring s ystem f or t he m easurement of t he percent ox ygen or c arbon di oxide w hich m eets t he performance specifications of Sections 303.4 a nd 303.5 of this rule shall be installed, calibrated, operated, and maintained on fossil fuel-fired steam generators 245.5 where m easurements of ox ygen or c arbon d ioxide i n t he f lue gas are required t o c onvert e ither s ulfur di oxide or ni trogen ox ides continuous emission monitoring data, or both, to uni ts of t he e mission s tandard within the applicable plan. 303 302.2 Nitric Acid Plants: Each nitric acid plant of greater than 300 tons per day production capacity, the production capacity being expressed as 100 pe rcent acid, l ocated i n a n a ir qua lity c ontrol r egion w here t he Control Officer has specifically determined that a c ontrol s trategy f or n itrogen d ioxide is necessary to attain the national standard, shall install, calibrate, maintain, and operate a c ontinuous e mission m onitoring s ystem f or the measurement of nitrogen oxides which meets the performance specifications of Section 303.2 of this rule for each nitric acid producing source within such plant. 302.3 Sulfuric Acid Plants: Each sulfuric acid plant of greater than 300 t ons per day production capacity, the production being expressed as 100 percent acid, shall install, calibrate, maintain a nd o perate a c ontinuous e mission monitoring system for t he m easurement of s ulfur di oxide w hich m eets t he performance specifications of Section 303.3 of this rule for each sulfuric acid producing source within such plant. 302.4 Fluid Bed Catalytic Cracking Unit Catalyst Regenerators at Petroleum Refineries: Each catalyst regenerator for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh feed capacity shall install, calibrate, maintain, and operate a c ontinuous e mission m onitoring s ystem f or t he measurement o f o pacity w hich m eets t he p erformance s pecifications o f Section 303.1 of this rule. MINIMUM SPECIFICATIONS FOR MONITORING EQUIPMENT: Owners or ope rators of m onitoring e quipment i nstalled t o c omply with this rule shall demonstrate compliance with the performance specifications set forth in Appendix B of P art 60, C hapter 1, T itle 40, C FR a s a mended, incorporated herein by reference. However, where reference is made to the Administrator in Appendix B of 40 CFR 60, the Control Officer may allow the use of either the state approved reference method or the federally approved reference method as published in 40 CFR 60. The performance specifications to be used with each type of monitoring system are listed below. 303.1 Continuous emission monitoring systems for measuring opacity shall comply with performance specification 1. 303.2 Continuous emission monitoring systems for measuring nitrogen oxides shall comply with performance specification 2. 245.6 304 303.3 Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 2. 303.4 Continuous emission monitoring systems for measuring oxygen shall comply with performance specification 3. 303.5 Continuous emission monitoring systems for measuring carbon dioxide shall comply with performance specification 3. MINIMUM DATA REQUIREMENTS: 304.1 The owners or ope rators of s ources r equired t o i nstall c ontinuous e mission monitoring s ystems s hall s ubmit to th e C ontrol O fficer a w ritten report of excess em issions f or each cal endar q uarter an d t he n ature and cause of the excess e missions, i f know n. T he a veraging pe riod us ed f or da ta reporting shall c orrespond t o t he a veraging pe riod s pecified i n t he e mission standard for t he pol lutant s ource c ategory i n que stion. T he r equired r eport shall include, as a minimum, the data stipulated in this rule. 304.2 For o pacity m easurements, t he summary s hall c onsist o f th e ma gnitude in actual p ercent o pacity o f al l s ix-minute o pacity av erages g reater t han an y applicable standards in these rules for each hour of operation of the source. Average values may be obtained by integration over the averaging period or by arithmetically averaging a minimum of four equally spaced, instantaneous opacity measurements per minute. A ny t ime pe riods e xempted s hall be deleted before determining any averages in excess of opacity standards. 304.3 For gaseous measurements the summary shall consist of emission averages in the uni ts of t he applicable s tandard for each averaging period during which the applicable standard was exceeded. 304.4 The date and time identifying each pe riod dur ing w hich t he c ontinuous emission monitoring system was inoperative, except for zero and span checks and the nature of system repair or adjustment shall be reported. The Control Officer m ay r equire pr oof of c ontinuous e mission m onitoring system performance whenever system repairs or adjustments have been made. 304.5 When no e xcess e missions ha ve oc curred a nd the continuous emission monitoring system(s) ha ve not be en i noperative, r epaired, or a djusted, s uch information shall be included in the report. 245.7 304.6 Owners or operators o f af fected s ources s hall m aintain a f ile o f al l information reported in the quarterly summaries, and all other data collected either by t he c ontinuous e mission m onitoring s ystem or a s necessary to convert monitoring data to the units of the applicable standard for a minimum of two years from the date of collection of such data or submission of such summaries. 305 MONITORING EQUIPMENT OPERATING REQUIREMENTS: The ow ner, lessee, or ope rator s hall pr ovide, i nstall, c alibrate, m aintain a nd operate air contaminant monitoring devices as are reasonable a nd r equired pur suant t o t hese Regulations to determine compliance in a manner acceptable to the Control Officer. 306 EXEMPTIONS: The provisions of this rule shall not apply to any source which is: 307 306.1 Subject to a New Source Performance Standard promulgated in 40 CFR part 60; 306.2 Not s ubject t o a n a pplicable e mission s tandard of t he a pproved State Implementation Plan; or 306.3 Scheduled for retirement w ithin f ive y ears a fter i nclusions of m onitoring requirements for the source in t hese R egulations, pr ovided t hat a dequate evidence an d guarantees ar e p rovided t hat cl early s how t hat t he s ource will cease operations prior to such date. 306.4 A t emporary e xemption f rom t he m onitoring a nd r eporting r equirements of this rule may be provided dur ing a ny pe riod of m onitoring s ystem malfunction, provided that the source owner or ope rator s hows t o t he satisfaction of the Control Officer that the malfunction was unavoidable and is being repaired as expeditiously as practicable. SPECIAL CONSIDERATION: The C ontrol O fficer m ay a pprove, on a case-by-case basis, al ternative m onitoring requirements di fferent from t he provisions of S ections 301 t hrough 305 of t his r ule i f t he i nstallation of a continuous emission monitoring s ystem c annot be i mplemented by a s ource due t o phy sical pl ant limitations or extreme economic reasons. A lternative monitoring procedures shall be specified b y t he C ontrol O fficer o n a cas e-by-case b asis an d s hall i nclude as a minimum annual m anual s tack t ests f or t he pol lutants i dentified f or e ach t ype of source in this rule. Examples of such special cases include, but are not limited to, the following: 245.8 307.1 Alternative monitoring requirements may be prescribed when installation of a continuous e mission m onitoring s ystem or m onitoring device specified by this rule would not provide a ccurate de terminations of e missions ( e.g. condensed, uncombined water vapor may prevent an accurate determination of opa city us ing c ommercially a vailable c ontinuous e mission m onitoring systems). 307.2 Alternative m onitoring r equirements m ay b e p rescribed when the affected source is infrequently operated (e.g. some affected sources may operate less than one month per year). SECTION 500 - MONITORING AND RECORDS 501 DATA REDUCTION: Owners o r o perators o f af fected s ources s hall u se t he procedures described in Appendix A f or c onverting m onitoring da ta t o uni ts of t he standard where necessary. 502 MONITORING DATA REQUIRED: Monitoring information shall be provided in writing to the Control Officer as directed. 503 MONITORING EQUIPMENT INSPECTIONS: Air pollutant monitoring devices shall be available for i nspection by t he C ontrol O fficer dur ing a ll r easonable t imes (ARS §49-487). 504 TRANSMISSOMETER RESULTS: The r esults of c ontinuous t ransmissometer monitoring which indicate opacity was not in excess of the standard at the time of an alleged violation from visual observations are probative but not conclusive evidence of the actual opacity of an emission. T he owner or operator of a source shall meet the burden of providing pr oof t hat t he t ransmissometer us ed m eets pe rformance specification 1 in the Arizona Testing Manual for Air Pollutant Emissions, and that the instrument has been pr operly m aintained a nd c alibrated, a nd t he r esulting da ta ha ve not been tampered with in any way. 245.9 BLANK PAGE 245.10 Return to Table of Contents REGULATION II - PERMITS AND FEES RULE 270 PERFORMANCE TESTS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 AUTHORITY TO REQUIRE TESTING 103 SUPPORTIVE DATA FOR GOOD MAINTENANCE AND OPERATING PRACTICES SECTION 200 - DEFINITIONS (NOT INCLUDED) SECTION 300 - STANDARDS 301 PERFORMANCE TESTS REQUIRED SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 PERFORMANCE TESTS REQUIRED 402 TESTING CRITERIA 403 TESTING CONDITIONS 404 NOTICE OF TESTING 405 TESTING FACILITIES REQUIRED 406 MINIMUM TESTING REQUIRED 407 COMPLIANCE WITH THE EMISSION LIMITS 408 ADDITIONAL TESTING SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 270.1 BLANK PAGE 270.2 Revised 07/13/88 Repealed and Adopted 11/15/93 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II - PERMITS AND FEES RULE 270 PERFORMANCE TESTS SECTION 100 - GENERAL 101 PURPOSE: To establish performance testing requirements for owners and operators of stationary sources. 102 AUTHORITY TO REQUIRE TESTING: Nothing in this rule shall be construed to abrogate the Control Officer's authority to require testing. 103 SUPPORTIVE DATA FOR GOOD MAINTENANCE AND OPERATING PRACTICES: Nothing in this rule shall be so construed as to prevent the utilization of measurements from emissions monitoring devices or techniques not designated as performance t ests as ev idence o f co mpliance w ith ap plicable g ood m aintenance an d operating requirements. SECTION 300 - STANDARDS 301 PERFORMANCE TESTS REQUIRED: Except as provided in Section 407 of this rule: 301.1 The applicable procedures and testing m ethods c ontained i n t he A rizona 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 w ith t he r equirements e stablished i n t his r ule or contained in permits issued pursuant to this rule. 301.2 The opacity of visible emissions shall be determined by Reference Method 9 of the Arizona Testing Manual. A permit may specify a method other than Method 9 for determining t he opa city of e missions f rom a pa rticular emissions unit, if the method has been promulgated by the Administrator in 40 CFR 60, Appendix A. 270.3 301.3 The heat content of solid f uel s hall be de termined a ccording t o A STM Method D -3176-89 ( Practice f or U ltimate A nalysis of Coal and Coke) and ASTM Method D-2015-91 (Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter). 301.4 All ex cept f or am bient a ir m onitoring a nd e missions t esting r equired unde r Rule 360 and Rule 370 of these rules, alternative and equivalent test methods in any test plan submitted t o t he C ontrol O fficer m ay be a pproved by t he Control Officer for the duration of that plan provided that the following three criteria are met: a. The alternative o r eq uivalent t est m ethod m easures t he s ame ch emical and physical characteristics as the test method it is intended to replace. b. The a lternative or e quivalent t est m ethod ha s s ubstantially the same or better reliability, accuracy, and precision as the test method it is intended to replace. c. Applicable quality assurance procedures are followed in accordance with the Arizona Testing Manual, 40 C FR 60, or other methods approved by the Control Officer. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 PERFORMANCE TESTS REQUIRED: Within 60 da ys after a source subject to the permit requirements of th is r ule h as a chieved th e c apability to o perate a t its maximum production rate on a sustained basis but no l ater than 180 da ys after initial start-up of such source and at such other t imes a s m ay be r equired by t he C ontrol Officer, the owner or operator of such source shall conduct performance tests and shall furnish the Control Officer with a written report of the results of the tests. 402 TESTING CRITERIA: Performance t ests s hall b e co nducted a nd da ta r educed i n accordance with the test method a nd pr ocedures c ontained i n t he A rizona T esting Manual unless the Control Officer: 402.1 Specifies or approves, in specific cases, the use of a r eference method with minor changes in methodology, 402.2 Approves the use of an equivalent method, 270.4 402.3 Approves t he us e of an alternative m ethod t he results of which t he Control Officer has determined t o b e ad equate f or i ndicating w hether a s pecific source is in compliance, or 402.4 Waives the requirement for performance tests because the owner or operator of a source ha s de monstrated by ot her m eans t o t he C ontrol O fficer's satisfaction that the source is in compliance with the standard. 402.5 Nothing in this rule s hall be c onstrued t o a brogate t he C ontrol O fficer's authority to require testing. 403 TESTING CONDITIONS: Performance t ests s hall be c onducted unde r s uch conditions as the Control Officer shall specify t o t he pl ant ope rator ba sed on representative performance of the source or facility. The owner or operator shall make available t o t he C ontrol O fficer s uch r ecords as m ay b e n ecessary t o d etermine t he conditions of the performance tests. Operations during periods of start-up, shutdown, and malfunction s hall not c onstitute r epresentative c onditions of pe rformance t ests unless otherwise specified in the applicable standard. 404 NOTICE OF TESTING: The owner or operator of a permitted source shall provide the C ontrol O fficer t wo w eeks pr ior not ice of t he pe rformance t est to afford the Control Officer the opportunity to have an observer present. 405 TESTING FACILITIES REQUIRED: The owner or operator of a permitted source shall provide, or cause to be provided, performance testing facilities as follows: 406 405.1 Sampling ports adequate for test methods applicable to such source. 405.2 Safe sampling platform(s). 405.3 Safe access to sampling platforms(s). 405.4 Utilities for sampling and testing equipment. MINIMUM TESTING REQUIRED: Each performance test shall consist of three separate runs using the applicable t est m ethod. E ach run s hall be conducted for t he time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic mean of results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure o f an i rreplaceable p ortion o f t he s ample t rain, ex treme meteorological conditions, or other circumstances beyond the owner or operator's control, compliance 270.5 may, upon the Control Officer's approval, be determined using the arithmetic mean of the results of the two other runs. If the Control Officer is present, tests may only be stopped with the Control Officer's approval. If the Control Officer is not present, tests may only be stopped for good c ause, w hich i ncludes f orced s hutdown, f ailure of a n irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the operator's control. T ermination of t esting w ithout g ood cause after the first run is commenced shall constitute a failure of the test. 407 COMPLIANCE WITH THE EMISSION LIMITS: Except as provided in Section 408 of t his r ule, c ompliance w ith th e e mission limits e stablished in th is r ule o r a s prescribed in pe rmits i ssued pur suant t o t his r ule s hall be de termined by t he performance tests specified in this rule or in the permit. 408 ADDITIONAL TESTING: In addition to performance tests s pecified i n t his r ule, compliance with specific emission limits may be determined by: 408.1 Opacity tests. 408.2 Emission limit c ompliance te sts s pecifically d esignated a s such in the rule establishing the emission limit to be complied with. 408.3 Continuous emission monitoring, w here a pplicable qua lity a ssurance procedures a re f ollowed a nd w here i t i s de signated i n t he pe rmit or in an applicable requirement to show compliance. 408.4 Nothing in this r ule s hall be s o c onstrued a s t o pr event t he ut ilization of measurements f rom e missions m onitoring de vices or t echniques not designated as p erformance t ests as ev idence o f co mpliance w ith ap plicable good maintenance and operating requirements. 270.6 Return to Table of Contents REGULATION II – PERMITS AND FEES RULE 280 FEES INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 ANNUAL ADMINISTRATIVE FEE 202 BILLABLE PERMIT ACTION 203 EXISTING SOURCE 204 ITEMIZED INVOICE 205 NON-MAJOR TITLE V SOURCE 206 REGULATED AIR POLLUTANT 207 SOURCES REQUIRED TO HAVE A TITLE V PERMIT SECTION 300 – STANDARDS 301 TITLE V PERMIT FEES 302 NON-TITLE V PERMIT FEES 303 GENERAL PERMIT FEES 304 ANNUAL ADJUSTMENT OF FEES 305 CALCULATION AND PAYMENT OF EMISSIONS-BASED FEES 306 HEARING BOARD FILING FEE 307 CONDITIONAL ORDER FEE 308 GASOLINE DELIVERY VESSEL DECAL FEE 309 OPEN BURN FEE 310 DUST CONTROL PERMIT FEE 311 DUST CONTROL TRAINING CLASS FEE 312 SUBCONTRACTOR REGISTRATION FEE 313 ASBESTOS NOTIFICATION AND PLAN REVIEW FILING FEES 314 LATE FEE 315 DELINQUENCY FEE 280-1 316 SUBSCRIPTION FEE FOR RULE REVISIONS 317 ACCELERATED PERMIT PROCESSING FEE 318 FAILURE TO PAY REQUIRED FEES 319 INFORMAL REVIEW OF PERMIT PROCESSING HOURS 320 HAZARDOUS AIR POLLUTANTS TIER 4 RISK MANAGEMENT ANALYSIS FEE SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 EFFECTIVE DATE OF FEES 402 PAYMENT OF FEES 403 FEE TABLE A, B, C, D, E, F, G, H, AND I SOURCES SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 280-2 Revised 07/13/88 Revised 08/05/91 Revised 11/15/93 Revised 08/19/98 Revised 03/15/00 Revised 05/21/03 Revised 04/07/04 Revised 05/18/05 Revised 07/12/06 Revised 03/26/08 Revised 05/26/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION II – PERMITS AND FEES RULE 280 FEES SECTION 100 – GENERAL 101 PURPOSE: To establish fees to be charged to owners and operators of sources of air pollution subject to these rules. 102 APPLICABILITY: Every person owning/operating equipment or engaged in activities that may cause or contribute to air pollution is subject to the prescribed fees in this rule. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence. 201 ANNUAL ADMINISTRATIVE FEE – Paid annually by a source to recover the average cost of services required to administer the permit and conduct inspections. For a Non-Title V permitted source, the annual administrative fee also covers the cost of renewing the Non-Title V permit. For a General permitted source, the annual administrative fee also covers the cost of reapplying for authorization to operate under a General Permit. 202 BILLABLE PERMIT ACTION – The review, issuance or denial of a new permit, significant permit revision, or minor permit revision, or the renewal of an existing permit. 203 EXISTING SOURCE – A source that has commenced construction and has been issued a permit pursuant to A.R.S. § 49-480 after September 1, 1993. 280-3 204 ITEMIZED INVOICE – A breakdown of the permit processing time into the categories of pre-application activities, completeness review, substantive (technical) review, and public involvement activities, and within each category, a further breakdown by employee name. 205 NON-MAJOR TITLE V SOURCE – A source required to obtain a Non-Title V permit under Rule 200 to which both of the following apply: 205.1 The source is classified as a Synthetic Minor Source, and 205.2 The source has a permit that contains allowable emissions greater than or equal to 50% of the major source threshold. 206 REGULATED AIR POLLUTANT – For the purposes of Section 305 of this rule, regulated air pollutant consists of the following air pollutants: 206.1 Any conventional air pollutant as defined in A.R.S. § 49-401.01, which means any pollutant for which the Administrator of EPA has promulgated a primary or a secondary National Ambient Air Quality Standard (NAAQS) except carbon monoxide (i.e., for nitrogen oxides [NOX], lead, sulfur oxides [SOX] measured as sulfur dioxide [SO2], ozone, and particulates). 206.2 Nitrogen oxides (NOX) and volatile organic compounds (VOCs). 206.3 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. 206.4 Any hazardous air pollutant (HAP) as defined in A.R.S. § 49-401.01 or listed in Section 112(b) (Hazardous Air Pollutants; List of Pollutants) of the Act. 206.5 Any Class I or II substance listed in Section 602 (Stratospheric Ozone Protection; Listing of Class I and Class II Substances) of the Act. 207 SOURCES REQUIRED TO HAVE A TITLE V PERMIT – The following sources shall be considered sources required to have a Title V permit: 207.1 Any source required to have a Title V permit under Rule 200, Section 302 of these rules; 207.2 Any source that qualifies for a Non-Title V permit but that elects to have a Title V permit under Rule 200, Section 302 of these rules. 280-4 SECTION 300 – STANDARDS 301 TITLE V PERMIT FEES: The owner or operator of a source required to have a Title V permit shall pay fees according to the following provisions: 301.1 Fees for Billable Permit Actions: The owner or operator of a Title V source shall pay to the Control Officer $133.50 per hour, adjusted annually under Section 304 of this rule, for all permit processing time required for a billable permit action. The owner or operator of a Title V source shall also pay the Control Officer the actual costs incurred by the Control Officer to meet the public participation requirements of Rule 210 of these rules. Costs incurred to meet the public participation requirements of Rule 210 of these rules may include, but are not limited to, costs incurred by the Control Officer to publish public notice of a public hearing or draft permit, to hire a hearing officer, to hire transcription or court reporting services, to rent meeting room space, and to perform permit processing activities associated with a public hearing, such as time spent by a permit engineer(s) to participate in the public hearing and to prepare responses to comments. Permit processing activities associated with a public hearing shall be charged at the rate of $133.50 per hour, adjusted annually under Section 304 of this rule. The fees shall be paid as follows: a. An application shall be submitted with the applicable fee from the table below: Type of Application New permit application Significant permit revision application that is a result of a major modification Other significant permit revision applications Minor permit revision application Permit renewal application Application Fee $7,000 $7,000 $1,000 $150 $3,500 b. At any time after submittal of the application, the Control Officer may request additional application fees based on the cost to date of reviewing and acting on the application, minus all fees previously submitted for the application. c. When permit processing is completed for a facility, the Control Officer shall send an itemized invoice. The invoice shall indicate the total actual cost of reviewing and acting upon the application, the actual costs incurred by the Control Officer to meet the public participation requirements of Rule 210 of these rules, minus all fees previously submitted, and the balance due. d. The Control Officer shall not issue a permit, permit revision, or permit renewal until the balance due on the itemized invoice is paid in full. The Control Officer may deny a permit, a permit revision, or a permit renewal in 280-5 accordance with Rule 200 of these rules if the applicant does not pay fees required for billable permit actions within 90 days of the invoice date. 301.2 Annual Fees: The owner or operator of a Title V source shall pay an annual administrative fee plus an emissions-based fee as follows: a. The applicable annual administrative fee from the table below, as adjusted annually under Section 304 of this rule. The fee is due on the first anniversary date of the initial permit covering construction and startup of operations and annually thereafter on that date. Title V Source Category Annual Administrative Fee Aerospace $18,320 Air Curtain Destructors $840 Cement Plants $68,590 Combustion/Boilers $16,680 Compressor Stations $13,630 Expandable Foam $14,800 Landfills $18,140 Lime Plants $64,790 Copper and Nickel Mines $16,150 Gold Mines $16,150 Paper Mills $22,060 Petroleum Products Terminal Facilities $25,800 Polymeric Fabric Coaters $18,140 Reinforced Plastics $13,630 Semiconductor Fabrication $29,010 Copper Smelters $68,590 Utilities-Primary Fuel Natural Gas $9,500 + $16,480 per turbine installed/modified after May 10, 1996 and subject to annual source testing or CEM RATA* certifications Utilities-Fossil Fuel Except Natural Gas $35,080 Vitamin/Pharmaceutical Manufacturing $17,020 Wood Furniture $15,010 Others $18,130 Others with Continuous Emissions Monitoring $22,070 * Continuous emissions monitoring relative accuracy test audit (CEM RATA) b. An emissions-based fee of $38.25 per ton of actual emissions of all regulated pollutants emitted during the previous calendar year as determined by Section 305 of this rule. The fee is adjusted annually under Section 304 of this rule. 280-6 302 NON-TITLE V PERMIT FEES: The owner or operator of a source required to have a Non-Title V permit under Rule 200, Section 303 of these rules shall pay fees according to the following provisions: 302.1 Fees for Billable Permit Actions: The owner or operator of a Non-Title V source shall pay to the Control Officer $133.50 per hour, adjusted annually under Section 304 of this rule, for all permit processing time required for a billable permit action, except for the renewal of an existing permit. In addition, the owner or operator of a Non-Title V source shall pay the Control Officer the actual costs incurred by the Control Officer to meet the public participation requirements of Rule 220 of these rules, including costs incurred to meet the public participation requirements for the renewal of an existing permit. Costs incurred to meet the public participation requirements of Rule 220 of these rules may include, but are not limited to, costs incurred by the Control Officer to publish public notice of a public hearing or draft permit, to hire a hearing officer, to hire transcription or court reporting services, to rent meeting room space, and to perform permit processing activities associated with a public hearing, such as time spent by a permit engineer(s) to participate in the public hearing and to prepare responses to comments. Permit processing activities associated with a public hearing shall be charged at the rate of $133.50 per hour, adjusted annually under Section 304 of this rule. The minimum fee due shall be $200.00. The fees shall be paid as follows: a. An application shall be submitted with an application fee of $200.00. b. At any time after the submittal of an application the Control Officer may request an additional application fee based on the cost to date of reviewing and acting on the application, minus all fees previously submitted for the application. c. When permit processing is completed and final costs are greater than the fee submitted with the application under Section 302.1(a) of this rule, the Control Officer shall send an itemized invoice. The invoice shall indicate the total cost of reviewing and acting upon the application, the actual costs incurred by the Control Officer to meet the public participation requirements of Rule 220 of these rules, minus all fees previously submitted, and the balance due. d. The maximum fee for processing permit applications listed in Section 302.1 of this rule is $25,000.00. e. The Control Officer shall not issue a permit or permit revision until the balance due on the itemized invoice is paid in full. The Control Officer may deny a permit or a permit revision in accordance with Rule 200 of these rules if the applicant does not pay fees required for billable permit actions within 90 days of the invoice date. 280-7 302.2 Annual Administrative Fees: The owner or operator of an existing Non-Title V source shall pay the applicable annual administrative fee from the table below, as adjusted annually under Section 304 of this rule. The fee is due on the first anniversary date of the initial permit covering construction and startup of operations and annually thereafter on that date. Fee Table Source categories designated as Fee Tables A–I are listed in Sections 403.1–403.9 of this rule Sources listed in Fee Table A (see Section 403.1) Sources listed in Fee Table B (see Section 403.2) Sources listed in Fee Tables C–D (see Sections 403.3 and 403.4) Sources listed in Fee Table E (see Section 403.5) Sources listed in Fee Table F (see Section 403.6) Sources listed in Fee Table G (see Section 403.7) Sources listed in Fee Table H (see Section 403.8) Sources listed in Fee Table I (see Section 403.9) 303 Annual Administrative Fee $5,980 $1,550 $610 $320 $7,940 $4,790 $7,940 $4,790 GENERAL PERMIT FEES: The owner or operator of a source required to obtain a permit pursuant to these rules who elects to be covered by a General Permit shall pay fees according to the following provisions: 303.1 Fees Due with an Application: The owner or operator of a source initially applying for authorization to operate under a General Permit shall pay the applicable fee from the table below with the submittal of the application. Fee Table Source categories designated as Fee Tables A–I are listed in Sections 403.1–403.9 of this rule Title V General Permits except Air Curtain Destructors Air Curtain Destructors Sources listed in Fee Table A (see Section 403.1) Sources listed in Fee Table B (see Section 403.2) Sources listed in Fee Tables C–D (see Sections 403.3 and 403.4) Sources listed in Fee Table E (see Section 403.5) Sources listed in Fee Table F (see Section 403.6) Sources listed in Fee Table G (see Section 403.7) Sources listed in Fee Table H (see Section 403.8) Sources listed in Fee Table I (see Section 403.9) Application Fee Fee from Section 301.1(a) table for Title V source category $840 $4,870 $3,250 $320 $240 $6,970 $4,170 $6,970 $4,170 303.2 Annual Administrative Fee: The owner or operator of a source with an authorization to operate under a General Permit shall pay the applicable annual administrative fee from the table below, as adjusted annually under Section 304 of 280-8 this rule. The fee is due on the first anniversary date of the initial approval to operate under a General Permit and annually thereafter on that date. Fee Table Source categories designated as Fee Tables A–I are listed in Sections 403.1–403.9 of this rule Title V General Permits Sources listed in Fee Table A (see Section 403.1) Sources listed in Fee Table B (see Section 403.2) Sources listed in Fee Tables C–D (see Sections 403.3 and 403.4) Sources listed in Fee Table E (see Section 403.5) Sources listed in Fee Table F (see Section 403.6) Sources listed in Fee Table G (see Section 403.7) Sources listed in Fee Table H (see Section 403.8) Sources listed in Fee Table I (see Section 403.9) 304 Annual Administrative Fee Fee from Section 301.2(a) table for Title V source category $4,870 $3,250 $320 $240 $6,970 $4,170 $6,970 $4,170 ANNUAL ADJUSTMENT OF FEES: Fees shall be increased yearly by the percentage, if any, by which the Consumer Price Index for the most recent year exceeds the base year Consumer Price Index as set forth in the following manner: 304.1 The Control Officer shall adjust the hourly rate every January 1, to the nearest 10 cents per hour, beginning on January 1, 2009. The Control Officer will multiply $133.50 by the Consumer Price Index (CPI) for the most recent year as described in Section 304.4 of this rule, and then divide by the CPI for the year 2008. 304.2 The Control Officer shall adjust the administrative or permit processing fees listed in Sections 301–303 of this rule every January 1, to the nearest $10, beginning on January 1, 2009. The Control Officer will multiply the administrative or permit processing fee by the Consumer Price Index (CPI) for the most recent year as described in Section 304.4 of this rule, and then divide by the CPI for the year 2008. 304.3 The Control Officer shall adjust the rate for emissions-based fees every January 1, beginning on January 1, 2009. The Control Officer will multiply $38.25 by the Consumer Price Index (CPI) for the most recent year as described in Section 304.4, and then divide by the CPI for the year 2008. 304.4 The Consumer Price Index (CPI) for any year is the average of the monthly CPI for all urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of that year. 280-9 305 CALCULATION AND PAYMENT OF EMISSIONS-BASED FEES: 305.1 For purposes of this section, actual emissions means the actual quantity of regulated air pollutants emitted over the preceding calendar year or any other period determined by the Control Officer to be representative of normal source operations, determined as follows: a. Emissions quantities, including fugitive emissions, reported under Rule 100, Section 500 of these rules shall be used for purposes of calculating the emissions-based fee. b. Actual emissions quantities calculated under Rule 100, Section 500 of these rules shall be determined using the following methods: (1) Whenever available, emissions estimates shall be calculated from continuous emissions monitors certified under 40 CFR Part 75, Subpart C and referenced appendices, or data quality-assured pursuant to Appendix F of 40 CFR, Part 60 which are incorporated by reference in Appendix G of these rules. (2) When sufficient data obtained using the methods described in Section 305.1(b)(1) of this rule is not available, emissions estimates shall be calculated from source performance tests conducted pursuant to Rule 270 of these rules. (3) When sufficient data obtained using the methods described in Sections 305.1(b)(1) or (2) of this rule is not available, emissions estimates shall be calculated from material balance using engineering knowledge of process. (4) When sufficient data obtained using the methods described in Sections 305.1(b)(1) through (3) of this rule is not available, emissions estimates shall be calculated using emissions factors from EPA Publication No. AP42 "Compilation of Air Pollutant Emission Factors," Volume I: Stationary Point and Area Sources, which is incorporated by reference in Appendix G of these rules. (5) When sufficient data obtained using the methods described in Sections 305.1(b)(1) through (4) of this rule is not available, emissions estimates shall be calculated by equivalent methods approved by the Control Officer. The Control Officer shall only approve methods that are demonstrated as accurate and reliable as the applicable methods in Sections 305.1(b)(1) through (4) of this rule. c. Actual emissions quantities calculated under Section 305.1(b) of this rule shall be determined for each source on the basis of actual operating hours, 280-10 production rates, in-place process control equipment, operational process control data, and types of materials processed, stored, or combusted. 305.2 The following emissions of regulated air pollutants shall be excluded from a source's actual emissions for purposes of this section: a. Emissions of a regulated air pollutant from the source in excess of 4,000 tons per year. b. Emissions of any regulated air pollutants that are already included in the fee calculation for the source, such as a federally listed hazardous air pollutant that is already accounted for as a VOC or as PM10. c. Emissions from insignificant activities excluded from the permit for the source under Rule 210 of these rules. d. Fugitive emissions of PM10 from activities other than crushing, belt transfers, screening, or stacking. e. Fugitive emissions of VOC from solution-extraction units. 305.3 A notice to pay the fee specified in Section 301.2(b) of this rule, a declaration of emissions form and the annual emission inventory questionnaire will be mailed annually to the owner or operator of a source to which this applies. The emission fee is due and payable by April 30 each year or no later than 90 days following the date of notice, whichever is later. 306 HEARING BOARD FILING FEE: A person filing a petition with the Hearing Board under Rule 400 of these rules shall pay a fee of $100.00. This fee may be refunded by a majority vote of the Hearing Board upon a showing of undue hardship. 307 CONDITIONAL ORDER FEE: Any person applying for a conditional order pursuant to Rule 120 of these rules shall pay a conditional order fee. The amount of a conditional order fee shall be equal to the amount of the applicable permit fee as specified in this rule. 308 GASOLINE DELIVERY VESSEL DECAL FEE: A person wishing to obtain a decal for each gasoline delivery vessel that passes the required annual test under Rule 352 of these rules shall pay a fee of $280.00. A person wishing to obtain a replacement decal shall pay a fee of $80.00. 309 OPEN BURN FEE: 309.1 BURN PERMIT FEE: A person applying for a Burn Permit shall pay a fee as set forth in the following fee schedule: 280-11 Fire Category Permit Period 30 days 30 days 1 year 1 year 30 days 30 days 30 days Tumbleweeds Fire Hazard Fire Fighting Instruction Ditch Bank/Fence Row Disease/Pest Prevention Land Clearance Less than 5.0 Acres Land Clearance 5.0 Acres or Greater Fee $100.00 $100.00 $100.00 $100.00 $100.00 $150.00 $350.00 309.2 AIR CURTAIN DESTRUCTOR BURN PLAN REVIEW AND INSPECTION FEE: Any person required to file an air curtain destructor Burn Plan under the provisions of Rule 314 of these rules shall pay a fee of $350.00. 310 DUST CONTROL PERMIT FEE: 310.1 A person applying for a Dust Control Permit shall pay an annual fee as set forth in the following fee schedule, based on the total surface area that is disturbed. Total Surface Area Disturbed Annual Block Permit 0.1 to less than one acre One acre to less than 10 acres 10 acres to less than 50 acres 50 acres to less than 100 acres 100 acres to less than 500 acres 500 acres or greater Fee $2,000 $795 $1,325 $3,855 $6,425 $9,635 $15,415 310.2 DUST CONTROL PERMIT FEE REFUNDS: a. Refunds Prior to Project Start Date and Prior to Commencement of Dust-Generating Operations: If a Dust Control Permit is cancelled by the permittee prior to the project start date and before commencing any dustgenerating operations, the Control Officer shall refund the Dust Control Permit fee, less a $150.00 nonrefundable processing fee. b. Refunds after Project Start Date and Prior to Commencement of DustGenerating Operations: If a Dust Control Permit is cancelled by the permittee after the project start date and before commencing any dustgenerating operations, the Control Officer shall refund the Dust Control Permit fee, less a $350.00 nonrefundable processing and initial inspection fee. c. No Dust Control Permit refund shall be given for a Dust Control Permit cancelled by the permittee after commencing any dust-generating operations. 280-12 311 DUST CONTROL TRAINING CLASS FEE: 311.1 Basic Dust Control Training Class Fee: A person required to complete basic dust control training shall pay a training class fee of $50.00. 311.2 Comprehensive Dust Control Training Class Fee: A person required to complete comprehensive dust control training shall pay a training class fee of $125.00. 311.3 Requests for Dust Control Training: A person may request that the Control Officer conduct a dust control training class within Maricopa County. A minimum of 10 and a maximum of 30 class participants shall be required and meeting room space shall be provided by the person making the request. The fee for such a training class shall be $35.00 per person for basic dust control training or $100.00 per person for comprehensive dust control training. A discounted fee of $30.00 per person shall be required for issuance of training cards at third-party provider dust control training classes. 311.4 “Train the Trainer” Class Fee: A person taking a “train the trainer” class offered by the Control Officer shall pay a training class fee of $125.00. 312 SUBCONTRACTOR REGISTRATION FEE: A person required to register with the Control Officer under Rule 200 Section 306 of these rules and wishing to obtain a registration number shall pay an annual fee of $50.00. 313 ASBESTOS NOTIFICATION AND PLAN REVIEW FILING FEES: Any person required to file notification under the provisions of Rule 370 of these rules shall pay fees according to the provisions in Sections 313.1 through 313.5 below. 313.1 Renovation: Any person filing notification of a project to renovate regulated asbestos-containing materials (RACM) shall pay a nonrefundable notification and plan review filing fee based on the amount of regulated asbestos-containing materials removed as shown in the table below: Linear Feet 0–259 260–499 500 or more Amount of Regulated Asbestos-Containing Materials (RACM) Removed Square Feet Cubic Feet 0–159 0–34 160–499 35–109 500 or more 110 or more Fee* $0 $600 $1,770 * If materials are reported on the notification in more than one category, the higher fee will apply. 313.2 Demolition: Any person filing notification of a project to demolish a facility (as defined in 40 CFR 61, Subpart M) shall pay a nonrefundable notification and plan review filing fee of $600.00. 280-13 313.3 For projects involving both renovation and demolition activities in a single notification, separate fees for each activity will apply according to Sections 313.1 and 313.2 of this rule. 313.4 When a revision to a notification involves an increase in the RACM, the difference between the fee for the original RACM and the revised RACM shall be paid. 313.5 Annual Operation and Maintenance: Any person filing an annual notification of planned renovation operations involving individual nonscheduled operations to renovate regulated asbestos-containing materials shall pay a nonrefundable notification and plan review filing fee of $1,250.00. 314 LATE FEE: The Control Officer shall assess the following fees in addition to all other applicable fees: 314.1 TITLE V, NON-TITLE V, OR GENERAL PERMIT: An owner/operator of a source requiring a permit who has received a Notice of Violation for constructing or operating without such permit shall pay a late fee of $100.00. 314.2 DUST CONTROL PERMIT: Any person who is engaging in dust-generating operations without a Dust Control Permit and has received a Notice of Violation for engaging in dust-generating operations without a Dust Control Permit shall pay a late fee of $100.00. 315 DELINQUENCY FEE: An applicant or permittee who fails to pay any required fee(s) by 30 days after the invoice due date shall pay a delinquency fee of $50.00 or a delinquency fee of $100.00 if delinquent over 60 days from the invoice due date. Applicants and permittees will be notified by mail of any permit delinquency fees that are due and payable. 316 SUBSCRIPTION FEE FOR RULE REVISIONS: A person requesting to be placed on a mailing list to receive copies of new and revised rules shall pay to the Control Officer an annual subscription fee of $35.00. 317 ACCELERATED PERMIT PROCESSING FEE: An applicant requesting accelerated permit processing shall pay fees to the Control Officer according to the following provisions: 317.1 Such a request shall be accompanied by an initial fee of $15,000. The fee is nonrefundable to the extent of the Control Officer’s costs for accelerating the processing if the Control Officer undertakes to provide accelerated processing as described in Rule 200, Section 313 of these rules. 280-14 317.2 At any time after an applicant has requested accelerated permit processing, the Control Officer may request an additional advance payment fee based on the most recent estimated cost of accelerating the processing of the application. 317.3 Upon completion of permit processing activities but before issuing or denying a permit or permit revision, the Control Officer shall send notice of the decision to the applicant along with a final invoice. The final invoice shall include all regular permit processing and other fees due, as well as the difference between the actual cost of accelerating the permit application, including any costs incurred by the Control Officer in contracting for, hiring, or supervising the work of outside consultants, and all advance payments submitted for accelerated processing. In the event all payments made exceed actual accelerated permit costs, the Control Officer shall refund the excess advance payments. 317.4 Any additional costs incurred as a result of accelerated permit processing shall not be applied toward any applicable maximum fee described in this rule. 318 FAILURE TO PAY REQUIRED FEES: Nonpayment of fees required by this rule constitutes a violation as provided in A.R.S. §§ 49-502, 49-511 and 49-513. 319 INFORMAL REVIEW OF PERMIT PROCESSING HOURS: 319.1 Any person who receives a final itemized invoice from the Control Officer under Section 301.1 or 302.1 of this rule for a billable permit action may request an informal review of the permit processing hours billed and may pay the invoice under protest as provided below. If the invoice is paid under protest, the Control Officer shall issue the permit. 319.2 The request for an informal review of the permit processing hours billed shall be made in writing, and received by the Control Officer within 30 days of the invoice date. Unless the Control Officer and person agree otherwise, the informal review shall take place within 30 days after the Control Officer's receipt of the request. The Control Officer shall arrange the date and location of the informal review with the person at least 10 business days before the informal review. The Control Officer shall review whether the amounts of time billed are correct and reasonable for the tasks involved. The Control Officer shall mail his or her decision on the informal review to the person within 10 business days after the informal review date. The Control Officer's decision after the informal review shall be final. 320 HAZARDOUS AIR POLLUTANTS TIER 4 RISK MANAGEMENT ANALYSIS FEE: If an applicant uses the Tier 4 method for conducting a risk management analysis (RMA) according to Rule 372 of these rules, the applicant shall pay any costs incurred by the Control Officer in contracting for, hiring or supervising work of outside consultants. 280-15 321 AIR QUALITY AWARENESS FLAG PROGRAM FEE: A person who elects to participate in the air quality awareness flag program may obtain program materials from the Control Officer for a fee of $200.00. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 EFFECTIVE DATE OF FEES: The fees in this rule became effective May 1, 2008, except for the emissions-based fee, the air curtain destructor application fee, the Dust Control Permit fee, the “train the trainer” class fee, the air quality awareness flag program fee, and the asbestos notification and plan review filing fees. The emissions-based fee became effective January 1, 2009, beginning with the emissions reported for calendar year 2008. The air curtain destructor application fee, the Dust Control Permit fee, the “train the trainer” class fee, the air quality awareness flag program fee, and the asbestos notification and plan review filing fees become effective July 1, 2010. 402 PAYMENT OF FEES: All fees required by this rule are payable to Maricopa County Air Quality Department. 402.1 Annual Administrative Fees: a. Title V and Non-Title V Permits: The Control Officer shall mail the owner or operator of a Title V or Non-Title V source an invoice for the annual administrative fee due under Sections 301.2 and 302.2 of this rule at least 30 days prior to the anniversary date of the permit. b. General Permits: The Control Officer shall mail the owner or operator of a source authorized to operate under a General Permit an invoice for the annual administrative fee due under Section 303.2 of this rule at least 30 days prior to the anniversary date of the authorization to operate. 402.2 Gasoline Delivery Vessel Decal Fee: Gasoline delivery vessel decal fee shall be paid at the time the application is submitted showing satisfactory test results and prior to the issuance of the decal required in the provisions of Rule 352 of these rules. 402.3 Asbestos Removal Notification and Plan Review Filing Fee: The asbestos notification and plan review filing fee shall be paid at the time the notification is submitted. The notification is not considered filed until the appropriate filing fee is paid. 402.4 Other Fees: Other fees shall be paid in the manner and at the time required by the Control Officer. 402.5 Fees in Effect: All fees charged as a result of this rule shall be paid at the rate or in the amount that is in effect on the date the fee is charged. 280-16 402.6 Payment Applied to Delinquent Penalties and Fees: All monies paid to the Control Officer shall first be applied to any delinquent penalties and fees owed by the owner or operator of a source before being applied to current charges. 403 FEE TABLE A, B, C, D, E, F, G, H, AND I SOURCES: Fee Tables A– I list processes and equipment subject to the fees outlined in Sections 302.2, 303.1, and 303.2 of this rule. For processes and equipment not listed below, the Control Officer will designate Fee Table A, B, C, D, E, F, G, H or I, as applicable. Sources reclassified to a higher fee table due to the receipt of three complaints on different dates during a one-year period from different individuals resulting in violations resolved by an order of abatement by consent or judicial action shall remain in that fee table until two calendar years pass without complaints against the facility resulting in violations resolved by an order of abatement by consent or judicial action. 403.1 Fee Table A Sources: Aircraft Manufacturing Chemical Manufacturing, Dry Chemical Manufacturing, Liquid Circuit Board Manufacturing Greater than or Equal to 5 Tons per Year VOC Coating Line, Can/Coil/Fabric/Film/Glass/Paper Ethylene Oxide Sterilization Gypsum, Calcining Incinerator, Medical Waste Incinerator, Hazardous Material Insulation Manufacturing Jet or Auxiliary Engine Manufacturing Non-Major Title V Source Pesticide/Herbicide Production Petroleum Loading Racks and Storage Tanks at Bulk Terminals Pharmaceutical Manufacturing Polymeric Foam Products Greater than or Equal to 25 Tons per Year Potential Uncontrolled VOC Emissions or Facility with Controls Subject to Source Testing Power Plant Greater than or Equal to 25 Tons per Year Potential Uncontrolled NOX Emissions Printing Facilities Greater than or Equal to 25 Tons per Year Potential Uncontrolled VOC Emissions or Facility with Controls Subject to Source Testing Rendering Rubber Products Manufacturing Semiconductor Manufacturing Less than 25 Tons per Year of Potential Uncontrolled VOC Emissions Solid Waste Landfill Source Subject to BACT Determination Source Subject to a MACT, NESHAP or NSPS Standard under CAA Section 111 or 112 Unless Otherwise Identified in another Fee Table 280-17 Source with 3 or More Fee Table B Processes Vegetable Oil Extraction 403.2 Fee Table B Sources: Aerospace Products Manufacturing and Rework not Subject to MACT Aggregate Screening Animal Feed Processing Auto Body Shredding Bakery with Oven of Greater than or Equal to 25 Tons per Year of Potential Uncontrolled VOC Emissions or Facility with Controls Boiler, Gas-Fired or with Emergency Fuel Capabilities (Each Unit Greater than or Equal to 10 MMbtu/hr) Chemical/Fertilizer Storage, Mixing, Packaging and Handling Concrete Product Manufacturing Cement Terminal Cotton Gin Cotton Seed Processing Crematory Cultured Marble Fiberglass Product Manufacturing Flour Milling Foundry Furnace, Metals Furnace, Burn-Off Furnace, Electric Arc Furnace, Other Gas Turbine, Non-Utility (Utility in Fee Table A) Grain Cleaning/Processing Grain Storage Incinerator, Non-Hazardous Material Internal Combustion Engine, Other than Emergency Metal Recovery/Reclamation Pipeline Transmission Facility Plating Tanks, Electrolytic or Electrowinning (Includes Decorative Chrome and Hard Chrome Operations Less than or Equal to 60 Million Amp/Hrs per Year Subject to Area Source MACT) Polymeric Foam Products Less than 25 Tons per Year Potential Uncontrolled VOC Emissions Power Plant Less than 25 Tons per Year Potential Uncontrolled NOX Emissions Reinforced Plastics Rubber Products Manufacturing with Only Molding Soil Treatment/Remediation Soil Solvent Extraction System with Package Thermal/Catalytic Oxidizer/Carbon Adsorption Solvent Degreasing/Cleaning System, Solvent Use Greater than 3 Gallons per Day 280-18 Solvent Reclaiming Source with 3 or More Fee Table C Processes Stage I Vapor Recovery, Bulk Plants with Loading Racks Stripping Operation, Equipment or Furniture Refurbishment Tire Shredding/Retreading Wastewater Treatment Plant Wood Coating Operation Subject to RACT Including Furniture/Millwork Sources Larger than 10 Tons per Year VOC Any Fee Table A, F, or G Source whose Aggregate of All Equipment, Processes or Production Lines Has Enforceable Permit Limits of Less than 2.0 Tons per Year VOC or NOX, and Less than 1.0 Ton per Year PM10 Any Fee Table C Source that Receives 3 Complaints on Different Dates During a One-Year Period from Different Individuals Resulting in Violations Resolved by an Order of Abatement by Consent or Judicial Action 403.3 Fee Table C Sources: Abrasive Blasting Asphalt Day Tanker/Kettle Cement Products Packaging/Distribution Circuit Board Assembly Circuit Board Manufacturing Less than 5 Tons per Year of VOC Dry Cleaning (Includes Perchloroethylene Dry Cleaning Facilities Subject to Area Source MACT) Emergency Internal Combustion Engine Engine Testing Food Processing Incinerator, Paper and Cardboard Products Injection Molding Landscape and Decorative Rock, Gravel, and Sand Distribution Laundry, Other than Dry Cleaning Miscellaneous Acid/Solvent Use Packaging, Mixing and Handling, Granular or Powdered Material Other than Cement or Grain Petroleum Storage, Non-Retail Dispensing Operations Exempted from Stage I Vapor Recovery by Rule 353 Plastic or Metal Extrusion Plating, Electroless Powder Coating Printing Facilities Less than 25 Tons per Year of Potential Uncontrolled VOC Emissions Semiconductor Lab/Testing/Services Non-Halogenated Solvent Cleaning, Less than 3 Gallons per Day Solvent Storage/Handling Spray Coating Bulk Plant Loading Facilities as Defined by Rule 351, Section 305.1 Storage Tank, Non-Petroleum Volatile Organic Compounds 280-19 Stripping Operation, Liquid Chemical Groundwater/Wastewater Remediation Vehicle Refinishing Waste Transfer Facility Water Reclamation Sewage Lift Pump Station Drinking Water Plant Wood Furniture/Millwork/Small Source Less than 10 Tons per Year VOC Yard/Stockpiling 403.4 Fee Table D Sources: Service Station and Non-Resale Dispensing Operations Greater than 120,000 Gallons per Year 403.5 Fee Table E Sources: Fuel Burning Equipment 403.6 Fee Table F Sources: Aggregate Production/Crushing Subject to an NSPS under CAA Section 111 Hot Mix Asphalt Plants 403.7 Fee Table G Sources: Aggregate Production/Crushing not Subject to NSPS under CAA Section 111 Concrete Batch Plant 403.8 Fee Table H Sources: Semiconductor Manufacturing Greater than or Equal to 25 Tons per Year Potential Uncontrolled VOC Emissions or Facility with Controls Subject to Source Testing Any Fee Table A or G Source that Receives 3 Complaints on Different Dates During a One-Year Period from Different Individuals Resulting in Violations Resolved by an Order of Abatement by Consent or Judicial Action 403.9 Fee Table I Sources: Any Fee Table B Source that Receives 3 Complaints on Different Dates During a One-Year Period from Different Individuals Resulting in Violations Resolved by an Order of Abatement by Consent or Judicial Action SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 280-20 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 300 VISIBLE EMISSIONS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 OPACITY 202 PERCENT OPACITY 203 SHUTDOWN 204 STARTUP 205 UNCOMBINED WATER SECTION 300 – STANDARDS 301 LIMITATIONS 302 EXCEPTIONS SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION-OPACITY 300.1 BLANK PAGE 300.2 Revised 07/13/88 Revised 08/05/94 Revised 02/07/01 Revised 03/12/08 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 300 VISIBLE EMISSIONS SECTION 100 – GENERAL 101 PURPOSE: To limit the emission of air contaminants into the ambient air by establishing standards for visible emissions and opacity. 102 APPLICABILITY: This rule applies to visible emissions from sources for which no source-specific opacity requirements apply. Exceptions to this rule are described in Section 302 of this rule. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See Rule 100-General Provisions and Definitions of these rules for definitions of terms that are used but not specifically defined in this rule. 201 OPACITY – A condition of the ambient air, or any part thereof, in which an air contaminant partially or wholly obscures the view of an observer. 202 PERCENT OPACITY – The degree to which an effluent plume or any other emission of air contaminants obscures the transmission of light expressed as a percentage. 203 SHUTDOWN – The cessation of operation of any air pollution control equipment and/or process equipment for any purpose, except routine phasing out of process equipment. 204 STARTUP – The setting into operation of any air pollution control equipment and/or process equipment for any purpose, except routine phasing in of process equipment. 205 UNCOMBINED WATER – Condensed water containing no more than analytical trace amounts of other chemical elements or compounds. SECTION 300 – STANDARDS 301 LIMITATIONS: No person shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity for a period aggregating more than three minutes in any 60-minute period. 300.3 302 EXCEPTIONS: 302.1 Charging Electric Arc Furnaces: When charging or back-charging any electric arc furnace for which construction commenced prior to February 2, 1963, a person may discharge air contaminants, other than uncombined water, in excess of the applicable opacity limit in Section 301 of this rule for no more than an aggregate of three minutes in any 45-minute period; however, visible emissions resulting from such discharge of air contaminants shall not exceed 40% opacity. 302.2 Emergency Diesel Generators (EDGs) and Equipment: When emergency diesel generators (EDGs) and equipment must run for safety reasons and/or for safety and operational tests to meet the requirements legally imposed by the Nuclear Regulatory Commission, a person may discharge air contaminants, other than uncombined water, in excess of the applicable opacity limit in Section 301 of this rule. Any discharge of air contaminants, other than uncombined water, in excess of the opacity limit in Section 301 of this rule should not contribute to a violation of the National Ambient Air Quality Standard. 302.3 Firing of Ordnance at Test Facilities: Visible emissions exceeding the opacity standards for short periods of time resulting from firing test rounds in enclosed bunkers at ordnance test facilities which do not exceed six minutes in length shall not constitute a violation of Section 301 of this rule. 302.4 Opacity Training: Equipment or processes used to train individuals in opacity observations shall be exempt from opacity standards during the preparation for and/or during the actual training session(s). SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION – OPACITY: Opacity shall be determined by observations of visible emissions conducted in accordance with EPA Reference Method 9 as modified by EPA Reference Method 203B. 300.4 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 310 FUGITIVE DUST FROM DUST-GENERATING OPERATIONS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 – DEFINITIONS 201 AREA A 202 AREA ACCESSIBLE TO THE PUBLIC 203 BULK MATERIAL 204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION 205 CONTROL MEASURE 206 DISTURBED SURFACE AREA 207 DUST CONTROL IMPLEMENT 208 DUST CONTROL PLAN 209 DUST-GENERATING OPERATION 210 DUST SUPPRESSANT 211 EARTHMOVING OPERATION 212 EMERGENCY 213 EMERGENCY ACTIVITY 214 END OF WORKDAY 215 FREEBOARD 216 FUGITIVE DUST 217 GRAVEL PAD 218 GRIZZLY 219 HAUL TRUCK 220 MOTOR VEHICLE 221 NORMAL FARM CULTURAL PRACTICE 310–1 222 OFF-ROAD VEHICLE 223 OPEN STORAGE PILE 224 OWNER AND/OR OPERATOR 225 PAVE 226 PROPERTY LINE 227 ROUTINE 228 SILT 229 TRACKOUT/CARRYOUT 230 TRACKOUT CONTROL DEVICE 231 UNPAVED HAUL/ACCESS ROAD 232 UNPAVED PARKING LOT 233 UNPAVED ROAD 234 WIND-BLOWN DUST 235 WORK SITE SECTION 300 – STANDARDS 301 GENERAL REQUIREMENTS FOR DUST-GENERATING OPERATIONS 302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS 303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING OPERATIONS 304 STABILIZATION REQUIREMENTS FOR DUST-GENERATING OPERATIONS 305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS 306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION 307 SOIL MOISTURE 308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS 309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING OPERATIONS 310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 DUST CONTROL PERMIT REQUIREMENTS 402 DUST CONTROL PLAN REQUIREMENTS 310–2 403 DUST CONTROL PLAN REVISIONS 404 DUST CONTROL BLOCK PERMIT REQUIREMENTS 405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUSTGENERATING OPERATIONS 406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS 407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS FOR DUST-GENERATING OPERATIONS 408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS 409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS 410 COMPLIANCE SCHEDULE SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION 502 RECORDKEEPING 503 RECORDS RETENTION 504 TEST METHODS ADOPTED BY REFERENCE 310–3 BLANK PAGE 310–4 Revised 07/13/88 Revised 07/06/93 Revised 09/20/94 Revised 06/16/99 Revised 02/16/00 Revised 04/07/04 Revised 03/26/08 Revised 01/27/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 310 FUGITIVE DUST FROM DUST-GENERATING OPERATIONS SECTION 100 – GENERAL 101 PURPOSE: To limit particulate matter (PM 10 ) emissions into the ambient air from any property, operation or activity that may serve as a fugitive dust source. The effect of this rule shall be to minimize the amount of PM 10 entrained into the ambient air as a result of the impact of human activities by requiring measures to prevent, reduce, or mitigate particulate matter emissions. 102 APPLICABILITY: The provisions of this rule shall apply to all dust-generating operations except for those dust-generating operations listed in Section 103 of this rule. 103 EXEMPTIONS: 103.1 The provisions of this rule shall not apply to normal farm cultural practices according to Arizona Revised Statutes (A.R.S.) § 49-457 and A.R.S. § 49-504.4. 103.2 The provisions of this rule shall not apply to the following non-traditional sources of fugitive dust that are located at sources that do not require any permit under these rules. These non-traditional sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01: Fugitive Dust from NonTraditional Sources of Fugitive Dust of these rules: a. Vehicle use in open areas and vacant lots. b. Open areas and vacant lots. c. Unpaved parking lots. d. Unpaved roadways (including alleys). 310–5 e. Livestock activities. f. Erosion-caused deposition of bulk materials onto paved surfaces. g. Easements, rights-of-way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas). 103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to restore critical utilities to functional status. 103.4 The provisions of this rule do not apply to the establishment of initial landscapes without the use of mechanized equipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a field used for non-motorized sports. However, establishing initial landscapes without the use of mechanized equipment and conducting landscape maintenance without the use of mechanized equipment shall not include grading, or trenching performed to establish initial landscapes or to redesign existing landscapes. 103.5 The provisions of this rule shall not apply to rooftop operations for cutting, drilling, grinding, or coring roofing tile when such activity is occurring on a pitched roof. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions apply, in addition to those definitions found in Rule 100: General Provisions and Definitions of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence. 201 AREA A – As defined in A.R.S. § 49-541(1), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East 310–6 202 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved roadway that can be entered or used for public travel primarily for purposes unrelated to the dustgenerating operation. 203 BULK MATERIAL – Any material, including, but not limited to, the following materials that are capable of producing fugitive dust: 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 204 Earth. Rock. Silt. Sediment. Sand. Gravel. Soil. Fill. Aggregate less than 2 inches in length or diameter (i.e., aggregate base course [ABC]). Dirt. Mud. Demolition debris. Cotton. Trash. Cinders. Pumice. Sawdust. Feeds. Grains. Fertilizers. Fluff from shredders. Dry concrete. BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION – The use of equipment, haul trucks, and/or motor vehicles, including, but not limited to, for the following activities that are capable of producing fugitive dust: 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 Loading. Unloading. Conveying. Transporting. Piling. Stacking. Screening. Grading. Moving bulk materials. 310–7 205 CONTROL MEASURE – A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. Control measures include, but are not limited to: 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 Curbing; Paving; Pre-watering; Applying dust suppressants; Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or other forms of physical stabilization; Limiting, restricting, phasing and/or rerouting motor vehicle access; Reducing vehicle speeds and/or number of vehicle trips; Limiting use of off-road vehicles on open areas and vacant lots; Utilizing work practices and/or structural provisions to prevent wind and water erosion onto areas accessible to the public; Appropriately using dust control implements; Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent to the entrance of an area accessible to the public to control carry-out and trackout; Keeping open-bodied haul trucks in good repair, so that spillage may not occur from beds, sidewalls, and tailgates; and Covering the cargo beds of haul trucks to minimize wind-blown dust emissions and spillage. 206 DISTURBED SURFACE AREA – A portion of the earth's surface or material placed on the earth’s surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition if the potential for the emission of fugitive dust is increased by the movement, destabilization, or modification. 207 DUST CONTROL IMPLEMENT – A tool, machine, equipment, accessory, structure, enclosure, cover, material or supply, including an adequate readily available supply of water and its associated distribution/delivery system, used to control fugitive dust emissions. 208 DUST CONTROL PLAN – A written plan describing all control measures to be implemented and maintained in order to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. 209 DUST-GENERATING OPERATION – Any activity capable of generating fugitive dust, including, but not limited to, the following activities: 209.1 209.2 209.3 209.4 209.5 Land clearing, maintenance, and land clean-up using mechanized equipment. Earthmoving. Weed abatement by discing or blading. Excavating. Construction. 310–8 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 Demolition. Bulk material handling (e.g., bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations). Storage and/or transporting operations (e.g., open storage piles). Operation of any outdoor equipment. Operation of motorized machinery. Establishing and/or using staging areas, parking areas, material storage areas, or access routes to and from a site. Establishing and/or using unpaved haul/access roads to, from, and within a site. Disturbed surface areas associated with a site. Installing initial landscapes using mechanized equipment. 210 DUST SUPPRESSANT – Water, hygroscopic material, solution of water and chemical surfactant, foam, non-toxic chemical stabilizer or any other dust palliative, which is not prohibited for ground surface application by the U.S. Environmental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ) or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions. 211 EARTHMOVING OPERATION – The use of any equipment for an activity that may generate fugitive dust, such as but not limited to, the following activities: 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 Cutting and filling. Grading. Leveling. Excavating. Trenching. Loading or unloading of bulk materials. Demolishing. Blasting. Drilling. Adding bulk materials to or removing bulk materials from open storage piles. Back filling. Soil mulching. Landfill operations. Weed abatement by discing or blading. 212 EMERGENCY – A situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a limitation in this rule, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include any noncompliance due to improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. 213 EMERGENCY ACTIVITY – Repairs that are a result of an emergency which prevents or hinders the provision of electricity, the distribution/collection of water, and the 310–9 availability of other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear conducted by a utility or municipality. 214 END OF WORKDAY – The end of a working period that may include one or more work shifts. If working 24 hours a day, the end of a working period shall be considered no later than 8 pm. 215 FREEBOARD – The vertical distance between the top edge of a cargo container area and the highest point at which the bulk material contacts the sides, front, and back of a cargo container area. 216 FUGITIVE DUST – The particulate matter not collected by a capture system, that is entrained in the ambient air, and is caused from human and/or natural activities, such as, but not limited to, the movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include emissions from process and combustion sources that are subject to other rules in Regulation III (Control of Air Contaminants) of these rules. 217 GRAVEL PAD – A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of an area accessible to the public and a work site exit to dislodge mud, dirt, and/or debris from the tires of motor vehicles and/or haul trucks, prior to leaving the work site. Minimum dimensions must be 30 feet wide by 3 inches deep and 50 feet long, or the length of the longest haul truck, whichever is greater. If an unpaved surface exit does not have adequate width to install a 30-foot wide gravel pad, then the width of the gravel pad must cover the full width of the unpaved surface exit and such shorter width must be adequate to prevent trackout. 218 GRIZZLY – A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site. 219 HAUL TRUCK – Any fully or partially open-bodied self-propelled vehicle including any non-motorized attachments, such as, but not limited to, trailers or other conveyances that are connected to or propelled by the actual motorized portion of the vehicle used for transporting bulk materials. 220 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle. 310–10 221 NORMAL FARM CULTURAL PRACTICE – All activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition. 222 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies. 223 OPEN STORAGE PILE – Any accumulation of bulk material with a 5% or greater silt content that has a total surface area of 150 square feet or more and that at any one point attains a height of three feet. Silt content shall be assumed to be 5% or greater unless a person can show, by testing in accordance with ASTM Method C136-06 or other equivalent method approved in writing by the Control Officer and the Administrator, that the silt content is less than 5%. 224 OWNER AND/OR OPERATOR – The person including, but not limited to, the property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party contracting to do the work), general contractor, prime contractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dust-generating operation subject to the requirements of this rule. 225 PAVE – To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt). 226 PROPERTY LINE – The boundaries of an area in which either a person causing the emission or a person allowing the emission has the legal use or possession of the property. Where such property is divided into one or more sub-tenancies, the property line(s) shall refer to the boundaries dividing the areas of all sub-tenancies. 227 ROUTINE – Any dust-generating operation which occurs more than 4 times per year or lasts 30 cumulative days or more per year. 228 SILT – Any aggregate material with a particle size less than 75 micrometers in diameter, which passes through a No. 200 sieve. 229 TRACKOUT/CARRYOUT – Any and all bulk materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited onto an area accessible to the public. 230 TRACKOUT CONTROL DEVICE – A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and an area accessible to the public that controls or prevents vehicular trackout. 310–11 231 UNPAVED HAUL/ACCESS ROAD – Any on-site unpaved road used by commercial, industrial, institutional, and/or governmental traffic. 232 UNPAVED PARKING LOT – Any area that is not paved and that is designated for parking in the Dust Control Plan or that is used for parking, maneuvering, material handling, or storing motor vehicles and equipment. An unpaved parking lot includes, but is not limited to, automobile impound yards, wrecking yards, automobile dismantling yards, salvage yards, material handling yards, and storage yards. For the purpose of this rule, maneuvering shall not include military maneuvers or exercises conducted on federal facilities. 233 UNPAVED ROAD – Any road or equipment path that is not paved. For the purpose of this rule, an unpaved road is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for purposes other than travel by motor vehicles. 234 WIND-BLOWN DUST – Visible emissions, from any disturbed surface area, that are generated by wind action alone. 235 WORK SITE – Any property upon which any dust-generating operations occur. SECTION 300 – STANDARDS 301 GENERAL REQUIREMENTS FOR DUST-GENERATING OPERATIONS: 301.1 Any person engaged in a dust-generating operation subject to this rule shall be subject to the standards and/or requirements of this rule before, after, and while conducting such dust-generating operation, including during weekends, after work hours, and on holidays. 301.2 For the purpose of this rule, any control measure that is implemented must achieve the applicable standard(s) described in this rule, as determined by the corresponding test method(s), as applicable, and must achieve other applicable standard(s) set forth in this rule. 301.3 Control measures described in Section 305 of this rule. Regardless of whether a dust-generating operation is in compliance with an approved Dust Control Plan or there is no approved Dust Control Plan, the owner and/or operator of a dustgenerating operation shall be subject to all requirements of this rule at all times. 301.4 Failure to comply with the provisions of this rule, as applicable, and/or of an approved Dust Control Plan, shall constitute a violation. 302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS: 302.1 No person shall commence construction of, operate, or make a modification to any dust-generating operation when such dust-generating operations disturb a 310–12 total surface area of 0.10 acre (4,356 square feet) or more without first obtaining a permit or permit revision from the Control Officer. 302.2 No person shall commence construction of, operate, or make a modification to any dust-generating operation that disturbs a total surface area of less than 0.10 acre (4,356 square feet) under common control that are either contiguous or separated only by a public or private roadway and that cumulatively equal or exceed 0.10 acre in area without first obtaining a permit or permit revision from the Control Officer. 302.3 No person shall commence any routine dust-generating operation that disturbs a surface area of 0.10 acre or greater at a site that has obtained or must obtain a Title V, Non-Title V, or General permit under Regulation II (Permits and Fees) of these rules without first submitting to the Control Officer a Dust Control Plan. 302.4 The property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party contracting to do the work), general contractor, prime contractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dust-generating operation subject to the requirements of this rule shall be responsible for obtaining a permit or permit revision from the Control Officer. 302.5 All permit applications shall be filed in the manner and form prescribed by the Control Officer, which includes, but is not limited to, the requirements of Section 400 of this rule. The application shall contain all the information necessary to enable the Control Officer to make the determination to grant or to deny a permit or permit revision, which shall contain such terms and conditions as the Control Officer deems necessary to assure a source's compliance with the requirements of this rule. 302.6 The issuance of any permit or permit revision shall not relieve any person subject to the requirements of this rule from compliance with any Federal laws, Arizona laws, or these rules. 302.7 Any other law, regulation or permit shall not relieve any person from obtaining a permit or permit revision required under this rule. 303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING OPERATIONS: 303.1 Dust-Generating Operation Visible Emissions Requirement: The owner and/or operator of a dust-generating operation shall not allow visible fugitive dust emissions to exceed the limits listed in either one of the following: a. The owner and/or operator of a dust-generating operation shall not cause or allow visible fugitive dust emissions to exceed 20% opacity. 310–13 b. The owner and/or operator of a dust-generating operation shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. Visible emissions shall be determined by a standard of no visible emissions exceeding 30 seconds in duration in any six-minute period as determined by using EPA Reference Method 22. 303.2 Exemptions from Dust-Generating Operation Visible Emissions Requirement: a. If wind conditions cause fugitive dust emissions to exceed the visible emissions requirements in Section 303.1(a) of this rule, despite implementation of the Dust Control Plan, an owner and/or operator shall: (1) Ensure that all control measures and requirements of the Dust Control Plan are implemented and the subject violations cannot be prevented by better application, operation, or maintenance of these measures and requirements. (2) Cease dust-generating operations and stabilize any disturbed surface area consistent with Section 304.3 of this rule. (3) Compile records consistent with Sections 502 and 503 of this rule and document control measure and other Dust Control Plan requirement implementation. b. Emergency Maintenance of Flood Control Channels and Water Retention Basins: The visible emissions limits described in Section 303.1 of this rule shall not apply to emergency maintenance of flood control channels and water retention basins, provided that control measures are implemented. c. Vehicle Test and Development Facilities and Operations: The visible emissions limit described in Section 303.1(a) of this rule shall not apply to vehicle test and development facilities and operations when dust is required to test and validate design integrity, product quality, and/or commercial acceptance, if such testing is not feasible within enclosed facilities. However, all areas used to test and validate design integrity, product quality, and/or commercial acceptance shall be stabilized after such testing, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. All areas not used to test and validate design integrity, product quality, and/or commercial acceptance shall be stabilized, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle test and development facilities may require a Dust Control permit in accordance with Section 302 of this rule. 310–14 d. Activities Near the Property Line: The opacity limit described in Section 303.1(b) of this rule shall not apply to dust-generating operations conducted within 25 feet of the property line. e. Ceasing Operations at a Solid Waste Management Facility: The requirement in Section 303.2(a)(2) of this rule to cease dust-generating operations if wind conditions cause fugitive dust emissions to exceed the visible emissions requirements in Section 303.1(a) of this rule shall not apply to daily compaction and covering of refuse if ceasing operations violates Arizona Department of Environmental Quality solid waste management rules or causes or threatens to cause a public health hazard or nuisance. However, the owner and/or operator must comply with all other provisions in Section 303.2(a) of this rule. 304 STABILIZATION REQUIREMENTS FOR DUST-GENERATING OPERATIONS: 304.1 Unpaved Parking Lot: The owner and/or operator of any unpaved parking lot shall not allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the silt content to exceed 8%. 304.2 Unpaved Haul/Access Road: a. The owner and/or operator of any unpaved haul/access road (whether at a work site that is under construction or at a work site that is temporarily or permanently inactive) shall not allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the silt content to exceed 6%. b. The owner and/or operator of any unpaved haul/access road (whether at a work site that is under construction or a work site that is temporarily or permanently inactive) shall, as an alternative to meeting the stabilization requirements for an unpaved haul/access road in Section 304.2(a) of this rule, limit vehicle trips to no more than 20 per day per road and limit vehicle speeds to no more than 15 miles per hour. If complying with this section of this rule, the owner and/or operator must include, in a Dust Control Plan, the maximum number of vehicle trips on the unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour. 304.3 Disturbed Surface Area: The owner and/or operator of any disturbed surface area on which no activity is occurring (whether at a work site that is under construction or a work site that is temporarily or permanently inactive) shall meet 310–15 at least one of the standards described in Sections 304.3(a) through 304.3(g) below, as applicable. Should such a disturbed surface area contain more than one type of stabilization characteristic, such as soil, vegetation, or other characteristic, which is visibly distinguishable, then the owner and/or operator shall test each representative surface separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, in accordance with the appropriate test methods described in Section 501.2(c) of this rule and in Appendix C (Fugitive Dust Test Methods) of these rules. The owner and/or operator of such disturbed surface area on which no activity is occurring shall be considered in violation of this rule if the area is not maintained in a manner that meets at least one of the standards listed below, as applicable. An area is considered to be a disturbed surface area until the activity that caused the disturbance has been completed and the disturbed surface area meets the standards described in this section of this rule. a. Maintain a soil crust; b. Maintain a threshold friction velocity (TFV) for disturbed surface areas corrected for non-erodible elements of 100 cm/second or higher; c. Maintain a flat vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%; d. Maintain a standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 30%; e. Maintain a standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible elements; f. Maintain a percent cover that is equal to or greater than 10% for non-erodible elements; or g. Comply with a standard of an alternative test method, upon obtaining the written approval from the Control Officer and the Administrator. 304.4 Vehicle Test and Development Facilities and Operations: No stabilization requirement shall apply to vehicle test and development facilities and operations when dust is required to test and validate design integrity, product quality, and/or commercial acceptance, if such testing is not feasible within enclosed facilities. However, all areas used to test and validate design integrity, product quality, and/or commercial acceptance shall be stabilized after such testing, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. All areas not used 310–16 to test and validate design integrity, product quality, and/or commercial acceptance shall be stabilized, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle test and development facilities may require a Dust Control permit in accordance with Section 302 of this rule. 305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS: When engaged in a dust-generating operation, the owner and/or operator shall install, maintain, and use control measures, as applicable. Control measures for specific dust-generating operations are described in Sections 305.1 through 305.12 of this rule. The owner and/or operator of a dust-generating operation shall implement control measures before, after, and while conducting dust-generating operations, including during weekends, after work hours, and on holidays. At least one primary control measure and one contingency control measure must be identified in the Dust Control Plan for all dust-generating sources. 305.1 Off-Site Hauling onto Areas Accessible to the Public: The owner and/or operator of a dust-generating operation that involves off-site hauling shall implement the following control measures: a. When cargo compartment is loaded: (1) Load all haul trucks such that the freeboard is not less than three inches; (2) Load all haul trucks such that at no time shall the highest point of the bulk material be higher than the sides, front, and back of a cargo container area; (3) Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); and (4) Cover the cargo compartment with a tarp or other suitable closure. b. When cargo compartment is empty: (1) Clean the interior of the cargo compartment; or (2) Cover the cargo compartment with a tarp or other suitable closure. c. When off-site hauling, install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of haul trucks and/or motor vehicles that traverse the site. 305.2 Bulk Material Hauling/Transporting When On-Site Hauling/Transporting Within the Boundaries of the Work Site but not Crossing an Area Accessible to the Public: The owner and/or operator of a dust-generating operation that involves bulk material hauling/transporting when on-site hauling/transporting 310–17 within the boundaries of the work site but not crossing an area accessible to the public shall implement one of the following control measures: a. Limit vehicle speed to 15 miles per hour or less while traveling on the work site; b. Apply water to the top of the load; or c. Cover haul trucks with a tarp or other suitable closure. 305.3 Bulk Material Hauling/Transporting When On-Site Hauling/Transporting Within the Boundaries of the Work Site and Crossing and/or Accessing an Area Accessible to the Public: The owner and/or operator of a dust-generating operation that involves bulk material hauling/transporting when on-site hauling/ transporting within the boundaries of the work site and crossing and/or accessing an area accessible to the public shall implement all of the following control measures: a. Load all haul trucks such that the freeboard is not less than three inches; b. Load all haul trucks such that at no time shall the highest point of the bulk material be higher than the sides, front, and back of a cargo container area; c. Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); and d. When crossing and/or accessing an area accessible to the public, install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of haul trucks and/or motor vehicles that traverse the site. 305.4 Bulk Material Stacking, Loading, and Unloading Operations: The owner and/or operator of a dust-generating operation that involves bulk material stacking, loading, and unloading operations shall implement the following control measures: a. Prior to stacking, loading, and unloading: (1) Mix material with water; or (2) Mix material with a dust suppressant other than water. b. While stacking, loading, and unloading: (1) Apply water; or 310–18 (2) Apply a dust suppressant other than water. 305.5 Open Storage Piles: The owner and/or operator of a dust-generating operation that involves an open storage pile shall implement one of the following control measures, as applicable, when not conducting stacking, loading, and unloading operations: a. Cover all open storage piles with a tarp, plastic, or other material to prevent wind from removing the covering(s) such that the covering(s) will not be dislodged by wind; or b. Apply water to maintain a soil moisture content at a minimum of 12%, as determined by ASTM Method D2216-05 or other equivalent methods approved by the Control Officer and the Administrator. For areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557-02e1 or other equivalent methods approved by the Control Officer and the Administrator, maintain at least 70% of the optimum soil moisture content; or c. Maintain a visible crust; or d. Implement the control measure described in Section 305.5(b) or in Section 305.5(c) of this rule and construct and maintain wind barriers, storage silos, or a three-sided enclosure with walls, whose length is no less than equal to the length of the pile, whose distance from the pile is no more than twice the height of the pile, whose height is equal to the pile height, and whose porosity is no more than 50%. 305.6 Unpaved Staging Areas, Unpaved Parking Areas, and Unpaved Material Storage Areas: The owner and/or operator of a dust-generating operation that involves unpaved staging areas, unpaved parking areas, and unpaved material storage areas shall implement one or more of the following control measures: a. Apply water so that the surface is visibly moist; b. Pave; c. Apply and maintain gravel, recycled asphalt, or other suitable material; d. Apply and maintain a suitable dust suppressant other than water; or e. Limit vehicle trips to no more than 20 per day per road and limit vehicle speeds to no more than 15 miles per hour. If complying with this section, the owner and/or operator shall provide to the Control Officer the maximum number of vehicle trips on the staging areas, parking areas, and/or material storage areas each day (including number of employee vehicles, earthmoving 310–19 equipment, haul trucks, and water trucks) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour. 305.7 Unpaved Haul/Access Roads: The owner and/or operator of a dust-generating operation that involves unpaved haul/access roads shall implement one or more of the following control measures: a. Apply water so that the surface is visibly moist; b. Pave; c. Apply and maintain gravel, recycled asphalt, or other suitable material; d. Apply and maintain a suitable dust suppressant other than water; or e. Limit vehicle trips to no more than 20 per day per road and limit vehicle speeds to no more than 15 miles per hour. If complying with this section of this rule, the owner and/or operator shall provide to the Control Officer the maximum number of vehicle trips on the unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour. 305.8 Weed Abatement by Discing or Blading: The owner and/or operator of a dustgenerating operation that involves weed abatement by discing or blading shall comply with all of the following control measures: a. Before weed abatement by discing or blading occurs, apply water; b. While weed abatement by discing or blading is occurring, apply water; and c. After weed abatement by discing or blading occurs, pave, apply gravel, apply water, apply a suitable dust suppressant other than water, or establish vegetative ground cover. 305.9 Blasting Operations: The owner and/or operator of a dust-generating operation that involves blasting operations shall pre-water and maintain surface soils in a stabilized condition where support equipment and vehicles will operate. 305.10 Demolition Activities: The owner and/or operator of a dust-generating operation that involves demolition activities shall implement all of the following control measures: a. Apply water to demolition debris immediately following demolition activity; and 310–20 b. Apply water to all disturbed soils surfaces to establish a visible crust and to prevent wind erosion. 305.11 Disturbed Surface Areas: The owner and/or operator of a dust-generating operation that involves disturbed surface areas shall implement the following control measures, as applicable: a. Before disturbed surface areas are created, implement one of the following control measures: (1) Pre-water site to depth of cuts, allowing time for penetration; or (2) Phase work to reduce the amount of disturbed surface areas at any one time. b. While disturbed surface areas are being created, implement one of the following control measures: (1) Apply water or other suitable dust suppressant other than water to keep the soil visibly moist throughout the process; (2) Apply water to maintain a soil moisture content at a minimum of 12%, as determined by ASTM Method D2216-05 or other equivalent method as approved by the Control Officer and the Administrator. For areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557-02e1 or other equivalent method approved by the Control Officer and the Administrator, maintain at least 70% of the optimum soil moisture content; or (3) Implement control measure described in Section 305.11(b)(1) or Section 305.11(b)(2) of this rule and construct fences or three-foot to five-foot high wind barriers with 50% or less porosity adjacent to roadways or urban areas to reduce the amount of wind-blown material leaving a site. c. When the dust-generating operation is finished for a period of 30 days or longer: For longer than temporary pauses that occur during a dust-generating operation, the owner and/or operator shall implement one or more of the following control measures within ten days following the completion of such dust-generating operation: (1) Pave, apply gravel, or apply a suitable dust suppressant other than water; (2) Establish vegetative ground cover; (3) Implement control measures described in Section 305.11(c)(1) or Section 305.11(c)(2) of this rule and restrict vehicle access to the area; 310–21 (4) Apply water and prevent access by fences, ditches, vegetation, berms, or other suitable barrier or means sufficient to prevent trespass as approved by the Control Officer; or (5) Restore area such that the vegetative ground cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. 305.12 Easements, Rights-of-Way, and Access Roads for Utilities (Transmission of Electricity, Natural Gas, Oil, Water, and Gas) Associated With Sources That Have a Non-Title V Permit, a Title V Permit, and/or a General Permit Under These Rules: The owner and/or operator of a dust-generating operation that involves an easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) associated with sources that have a Title V permit, a Non-Title V permit, and/or a General permit under these rules shall implement at least one of the following control measures: a. Inside Area A, limit vehicle speed to 15 miles per hour or less and vehicle trips to no more than 20 per day per road; b. Outside Area A, limit vehicle trips to no more than 20 per day per road; or c. Implement control measures described in Section 305.7 of this rule. 306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION: The owner and/or operator of a dust-generating operation shall prevent and control trackout, carry-out, spillage, and/or erosion. 306.1 Trackout Control Device: a. Criterion for Trackout Control Device: Install, maintain and use a suitable trackout control device that prevents and controls trackout and/or removes particulate matter from tires and the exterior surfaces of haul trucks and/or motor vehicles that traverse the site at all exits onto areas accessible to the public from both of the following: (1) All work sites with a disturbed surface area of two acres or larger, and (2) All work sites where 100 cubic yards of bulk materials are hauled on-site and/or off-site per day. b. Control Measures: For those work sites identified in Section 306.1(a) of this rule, prevent trackout, carry-out, spillage, and/or erosion by implementing one of the following control measures: 310–22 (1) At all exits onto areas accessible to the public, install a wheel wash system; (2) At all exits onto areas accessible to the public, install a gravel pad to comply with Section 217 of this rule; (3) At all exits onto areas accessible to the public, install a grizzly or rumble grate that consists of raised dividers (rails, pipes, or grates) a minimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be produced such that dust is shaken off the wheels of a vehicle as the entire circumference of each wheel of the vehicle passes over the grizzly or rumble grate; or (4) Pave starting from the point of intersection with an area accessible to the public and extending for a centerline distance of at least 100 feet and a width of at least 20 feet. 306.2 Clean Up of Trackout: a. Criterion for Clean Up of Trackout: Clean up, trackout, carry-out, spillage, and/or erosion from areas accessible to the public including curbs, gutters, and sidewalks, on the following time-schedule: (1) Immediately, when trackout, carry-out, or spillage extends a cumulative distance of 25 linear feet or more; and (2) At the end of the workday, for all other trackout, carry-out, spillage, and/or erosion. b. Control Measures: (1) Operate a street sweeper or wet broom with sufficient water, or including but not limited to kick broom, steel bristle broom, Teflon broom, vacuum, at the speed recommended by the manufacturer and at the frequency(ies) described in this section of this rule; or (2) Manually sweep up deposits to comply with this section of this rule. 307 SOIL MOISTURE: If water is the chosen control measure in an approved Dust Control Plan, the owner and/or operator of a dust-generating operation shall operate a water application system on-site (e.g., water truck, water hose) while conducting any earthmoving operations on disturbed surface areas 1 acre or larger, unless a visible crust is maintained or the soil is sufficiently damp to prevent loose grains of soil from becoming dislodged. 310–23 308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS: For all sites with a Dust Control permit that are five acres or larger, except for routine maintenance and repair done under a Dust Control Block permit, the owner and/or operator shall erect and maintain a project information sign at the main entrance such that members of the public can easily view and read the sign at all times. Such sign shall have a white background, have black block lettering that is at least four inches high, and shall contain at least all of the following information: 308.1 Project name and permittee’s name; 308.2 Current Dust Control permit number; 308.3 Name and local phone number of person(s) responsible for dust control matters; 308.4 Text stating: “Dust complaints? Call Maricopa County Air Quality Department – (Insert the accurate Maricopa County Air Quality Department complaint line telephone number).” 309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING OPERATIONS: 309.1 Basic Dust Control Training Class: a. At least once every three years, the persons specified in Section 309.1(b) or Section 309.1(c) of this rule shall successfully complete a Basic Dust Control Training Class conducted or approved by the Control Officer. b. The following persons present at a site that is subject to a permit issued by the Control Officer requiring control of PM 10 emissions from dust-generating operations shall complete a Basic Dust Control Training Class as specified in Section 309.1(a) of this rule: (1) Water truck drivers. (2) Water-pull drivers. (3) The site superintendent or other designated on-site representative of the permit holder, if present at a site that has more than one acre of disturbed surface area. c. A Dust Control Block Permit permittee/holder shall have, at a minimum, one individual trained in accordance with the Basic Dust Control Training Class as specified in Section 309.1(a) of this rule, if present at a site that has more than one acre of disturbed surface area. 310–24 d. All persons having successfully completed training during the 2006 and 2007 calendar years shall be deemed to have satisfied the requirement to successfully complete the Basic Dust Control Training Class, if the training that was completed was conducted or approved by the Control Officer. Completion of the Comprehensive Dust Control Training Class, as required in Section 309.2 of this rule, shall satisfy the requirement of this section of this rule. e. The Control Officer may suspend or revoke for cause including, but not limited to, inappropriate ethical activities or conduct associated with the dust control program or repeated failure to follow the training requirements, a certification issued to a person having successfully completed a Basic Dust Control Training Class conducted or approved by the Control Officer. The Control Officer will provide written notification to such person regarding such suspension or revocation. 309.2 Comprehensive Dust Control Training Class: a. At least once every three years, the Dust Control Coordinator, who meets the requirements of Section 310 of this rule, shall successfully complete the Comprehensive Dust Control Training Class conducted or approved by the Control Officer. b. All persons having successfully completed training during the 2006 and 2007 calendar years shall be deemed to have satisfied the requirement to successfully complete the Comprehensive Dust Control Training Class, if the training that was completed was conducted or approved by the Control Officer. c. The Control Officer may suspend or revoke for cause including, but not limited to, inappropriate ethical activities or conduct associated with the dust control program or repeated failure to follow the training requirements, a certification issued to a person having successfully completed a Comprehensive Dust Control Training Class conducted or approved by the Control Officer. The Control Officer will provide written notification to such person regarding such suspension or revocation. 310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS: 310.1 The permittee for any site of five acres or more of disturbed surface area subject to a permit issued by the Control Officer requiring control of PM 10 emissions from dust-generating operations shall have on-site at least one Dust Control Coordinator trained in accordance with Section 309.2 of this rule at all times during primary dust-generating operations related to the purposes for which the Dust Control permit was obtained. 310.2 The Dust Control Coordinator shall have full authority to ensure that dust control measures are implemented on-site, including conducting inspections, deployment 310–25 of dust suppression resources, and modifications or shut-down of activities as needed to control dust. 310.3 The Dust Control Coordinator shall be responsible for managing dust prevention and dust control on the site. 310.4 At least once every three years, the Dust Control Coordinator shall successfully complete a Comprehensive Dust Control Training Class conducted or approved by the Control Officer. 310.5 The Dust Control Coordinator shall have a valid dust training certification identification card readily accessible on-site while acting as a Dust Control Coordinator. 310.6 The requirement for a Dust Control Coordinator shall lapse when all of the following actions/events/procedures occur: a. The area of disturbed surface area becomes less than five acres; b. The previously disturbed surface areas have been stabilized in accordance with/in compliance with the standards and/or requirements of this rule; and c. The Dust Control permit holder provides notice to the Control Officer of acreage stabilization. 310.7 The Dust Control Block Permit permittee/holder shall have on sites that have more than one acre of disturbed surface area at least one individual, who has been trained in accordance with the requirements of Section 309.1(c) of this rule. One such individual shall be designated by the Dust Control Block Permit permittee/ holder as the Dust Control Coordinator. The Dust Control Coordinator shall be present on-site at all times during primary dust-generating activities that are related to the purposes for which the permit was obtained. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 DUST CONTROL PERMIT REQUIREMENTS: 401.1 To apply for a Dust Control permit, an applicant shall complete a permit application in the manner and form prescribed by the Control Officer. At a minimum, such application shall contain the following information: a. Applicant information; b. Project information, which shall include a project site drawing and, if the site is one acre or larger, soil designations; and 310–26 c. Dust Control Plan, which shall meet the specifications described in Section 402 of this rule. 401.2 A Dust Control permit shall be granted subject to, but not limited to, the following conditions: a. The permittee shall be responsible for ensuring that all persons abide by the conditions of the Dust Control permit and these regulations; b. The permittee shall be responsible for supplying complete copies of the Dust Control permit including the Dust Control Plan, to all project contractors and subcontractors; c. The permittee shall be responsible for all permit conditions, until a Permit Cancellation Request form has been submitted by the owner and/or operator and approved by the Control Officer; d. The permittee shall be responsible for providing Dust Control Coordinator’s/ Coordinators’ name(s) and dust control training certification information/ number(s) to the Control Officer and for keeping such information updated. 401.3 The signature of the permittee on the Dust Control permit application shall constitute agreement to accept responsibility for meeting the conditions of the Dust Control permit and for ensuring that control measures are implemented throughout the project site and during the duration of the project. 402 DUST CONTROL PLAN REQUIREMENTS: 402.1 The owner and/or operator of a dust-generating operation shall submit to the Control Officer a Dust Control Plan with any permit applications that involve dust-generating operations with a disturbed surface area that equals or exceeds 0.10 acre (4,356 square feet) including both of the following situations: a. When submitting an application for a Dust Control permit involving dustgenerating operations that would equal or exceed 0.10 acre (4,356 square feet), and b. Before commencing any routine dust-generating operation at a site that has obtained or must obtain a Title V, Non-Title V, or General permit under Regulation II (Permits and Fees) of these rules. 402.2 The owner and/or operator of a dust-generating operation shall submit to the Control Officer a Dust Control Plan with any application for a Dust Control permit. Applicants shall describe, in a Dust Control Plan, all control measures to be implemented before, after, and while conducting any dust-generating operation, including during weekends, after work hours, and on holidays. 310–27 402.3 A Dust Control Plan shall, at a minimum, contain all of the following information: a. Name(s), address(es), and phone numbers of person(s) responsible for the submittal and implementation of the Dust Control Plan and responsible for the dust-generating operation. b. A drawing, on 8½” x 11” paper, that shows: (1) Entire project site/facility boundaries, including boundaries of areas to be disturbed if less than entire project site/facility boundaries, (2) Acres to be disturbed with linear dimensions or certification by a licensed engineer or surveyor showing the total square footage to be disturbed, (3) Nearest public roads, (4) North arrow, (5) Planned exit locations onto areas accessible to the public, and (6) Unpaved parking lot(s). c. Appropriate control measures, or a combination thereof, as described in Sections 305 and 306 of this rule, for every actual and potential dustgenerating operation. (1) Control measures must be implemented before, after, and while conducting any dust-generating operation, including during weekends, after work hours, and on holidays. (2) All required control measures and at least one contingency control measure must be identified for all dust-generating operations. (3) A control measure that is not listed in Section 305 or in Section 306 of this rule may be chosen provided that such control measure is implemented to comply with the requirements of this rule. (4) If complying with Section 305.7(e) of this rule, the Dust Control Plan must include the maximum number of vehicle trips on the unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks). d. Dust suppressants to be applied, including all of the following product specifications or label instructions for approved usage: 310–28 (1) Method, frequency, and intensity of application; (2) Type, number, and capacity of application equipment; and (3) Information on environmental impacts and approvals or certifications related to appropriate and safe use for ground application. e. Specific surface treatment(s) and/or control measures utilized to control material trackout and sedimentation where unpaved roads and/or access points join areas accessible to the public. 402.4 The Control Officer shall approve, disapprove, or conditionally approve the Dust Control Plan, in accordance with the criteria used to approve, disapprove or conditionally approve a permit, as described in Rule 200: Permit Requirements of these rules. 402.5 For construction projects one acre or larger, except for routine maintenance and repair done under a Dust Control Block Permit, a statement disclosing which of the four designated texture(s) of soil described in Appendix F of these rules is naturally present at or will be imported to the dust-generating operation. The measured soil content at a particular site shall take precedence over any mapped soil types, and whenever soils have been tested at a particular site, the test results should be relied on rather than the map in Appendix F of these rules. 402.6 Should any primary control measure(s) prove ineffective, the owner and/or operator shall immediately implement the contingency control measure(s). If the identified contingency control measure is effective to comply with all of the requirements of this rule, the owner and/or operator need not revise the Dust Control Plan. 403 DUST CONTROL PLAN REVISIONS: 403.1 If Required by the Control Officer: a. If the Control Officer determines that an approved Dust Control Plan has been followed, yet fugitive dust emissions from any dust-generating operation still exceed the standards of this rule, then the Control Officer shall issue a written notice to the owner and/or operator of the dust-generating operation explaining such determination. b. The owner and/or operator of a dust-generating operation shall make written revisions to the Dust Control Plan and shall submit such revised Dust Control Plan to the Control Officer within three working days of receipt of the Control Officer’s written notice, unless such time period is extended by the Control Officer, upon request, for good cause. During the time that such owner and/or 310–29 operator is preparing revisions to the approved Dust Control Plan, such owner and/or operator must still comply with all requirements of this rule. 403.2 If Requested by the Permittee: a. If the acreage of a project changes, the owner and/or operator shall request a Dust Control Plan revision. Such Dust Control Plan revision shall be filed in the manner and form prescribed by the Control Officer. b. If the permit holder changes, the owner and/or operator shall request a Dust Control Plan revision. Such Dust Control Plan revision shall be filed in the manner and form prescribed by the Control Officer. c. If the name(s), address(es), or phone numbers of person(s) responsible for the submittal and implementation of the Dust Control Plan and responsible for the dust-generating operation change, the owner and/or operator shall request a Dust Control Plan revision. Such Dust Control Plan revision shall be filed in the manner and form prescribed by the Control Officer. d. If the activities related to the purposes for which the Dust Control permit was obtained change, the owner and/or operator shall request a Dust Control Plan revision. Such Dust Control Plan revision shall be filed in the manner and form prescribed by the Control Officer. 403.3 If Rule 310 is Revised: a. If any changes to a Dust Control Plan are necessary as a result of the most recent revisions of this rule, such changes to the Dust Control Plan shall not be required until the associated Dust Control permit is required to be renewed. b. If any changes to a Dust Control Plan associated with a Title V permit or with a Non-Title V permit are necessary as a result of the most recent revisions of this rule, then the owner and/or operator shall submit a revised Dust Control Plan to the Control Officer, according to the minor permit revision procedures described in Rule 210 or in Rule 220 of these rules respectively, no later than six months after the effective date of the most recent revisions to this rule. 404 DUST CONTROL BLOCK PERMIT REQUIREMENTS: 404.1 A Dust Control Block Permit application may be submitted to the Control Officer, if one or more of the activities listed in this section of this rule are conducted and if such activities occur at more than one site (i.e., projects that involve multiple small areas scattered throughout Maricopa County including, but not limited to, fiber optic cable installation and natural gas line extension). New construction shall obtain a separate Dust Control permit. 310–30 a. Routine operation (i.e., municipalities, governmental agencies, and utilities that are responsible for the repeat maintenance of infrastructure including, but not limited to, weed control around a prison, canal bank and road grading, and road shoulder grading). b. Maintenance (i.e., municipalities, governmental agencies, and utilities that are responsible for the repeat maintenance of infrastructure including, but not limited to, weed control around a prison, canal bank and road grading, and road shoulder grading). c. Expansion or extension of utilities, paved roads, unpaved roads, road shoulders, alleys, and public rights-of-way at non-contiguous sites by municipalities, governmental agencies, and utilities. 404.2 When completing and submitting a Dust Control Block Permit application, the owner and/or operator shall comply with the following requirements: a. A Dust Control Plan that meets the criteria described in Section 402 of this rule and applies to all sites shall be submitted to the Control Officer with the Dust Control Block Permit application. b. A description or map of the owner’s and/or operator’s service areas and a list of all sites that are 0.10 acre (4,356 square feet) or greater, including the location and size of each site, shall be submitted to the Control Officer with the Dust Control Block Permit application. c. For any project that is 0.10 acre (4,356 square feet) or greater and not listed in the Dust Control Block Permit application, the applicant shall notify the Control Officer in writing at least three working days prior to commencing the dust-generating operation. The notice shall include the site location, size, type of activity, and start date. 404.3 The Dust Control Block Permit will cover crews that work for the municipalities, governmental agencies, and utilities, including subcontractors. However, municipalities, governmental agencies, and utilities shall retain overall authority for dust control on the project. 405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUSTGENERATING OPERATIONS: The Control Officer shall take final action on a Dust Control permit application, a Dust Control permit revision, or a Dust Control Block Permit within 14 calendar days of the filing of the complete application. The Control Officer shall notify the applicant in writing of his approval or denial. 406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS: A Dust Control permit issued according to this rule shall be issued for a period of one year from the date of issuance. Should the project last longer than one year from the date the permit 310–31 was issued, the permittee shall re-apply for a Dust Control Permit at least 14 calendar days prior to the expiration date of the original permit. For the purpose of this section, a permit is considered expired, if a permit renewal is not applied for at least 14 calendar days prior to the expiration date of the original permit. 407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS FOR DUST-GENERATING OPERATIONS: A person shall not willfully deface, alter, forge, counterfeit, or falsify any Dust Control permit issued under the provisions of this rule. 408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS: No Dust Control permit is valid until the applicable Dust Control permit fee has been received and until the Dust Control permit is issued by the Control Officer. 409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS: A Dust Control permit and a Dust Control Plan, as approved by the Control Officer, shall be posted in a conspicuous location at the work site, within on-site equipment, or in an onsite vehicle, or shall otherwise be kept available on-site at all times. 410 COMPLIANCE SCHEDULE: The newly amended provisions of this rule become effective upon adoption of this rule. An owner and/or operator of a dust-generating operation subject to this rule shall meet all applicable provisions of this rule upon adoption of the newly amended provisions of this rule and according to the following schedule: 410.1 Basic Dust Control Training Class: No later than December 31, 2008, a site superintendent or other designated on-site representative of the permit holder and water truck and water pull drivers for each site shall have successfully completed the Basic Dust Control Training Class, as described in Section 309.1 of this rule. 410.2 Dust Control Coordinator: No later than June 30, 2008, any site and/or any contiguous site under common control of five acres or more of disturbed surface area subject to a permit shall, at all times during primary dust-generating operations related to the purposes for which the Dust Control permit was obtained, have on-site at least one individual designated by the permit holder as a Dust Control Coordinator, as described in Section 310 of this rule. SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION: To determine compliance with the visible emissions requirements in Section 303 of this rule and with the stabilization requirements in Section 304 of this rule, the following test methods shall be followed: 501.1 Opacity Observations: 310–32 a. Dust-Generating Operations: Opacity observations of dust-generating operations shall be conducted in accordance with Appendix C, Section 3 (Visual Opacity Determination of Emissions from Dust-Generating Operations) of these rules. b. Unpaved Parking Lot: Opacity observations of any unpaved parking lot shall be conducted in accordance with Appendix C, Section 2.1 (Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots) of these rules. c. Unpaved Haul/Access Road: Opacity observations of any unpaved haul/access road (whether at a work site that is under construction or at a work site that is temporarily or permanently inactive) shall be conducted in accordance with Appendix C, Section 2.1 (Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots) of these rules. d. Visible Emissions Beyond the Property Line: Opacity observations of any visible emissions beyond the property line shall be conducted in accordance with EPA Reference Method 22. 501.2 Stabilization Observations: a. Unpaved Parking Lot: Stabilization observations for unpaved parking lots shall be conducted in accordance with Appendix C, Section 2.1 (Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots) of these rules. When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods shall constitute a violation of this rule. b. Unpaved Haul/Access Road: Stabilization observations for unpaved haul/ access roads (whether at a work site that is under construction or at a work site that is temporarily or permanently inactive) shall be conducted in accordance with Appendix C, Section 2.1 (Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots) of these rules. When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods shall constitute a violation of this rule. c. Disturbed Surface Area: Stabilization observations for any disturbed surface area on which no activity is occurring (whether at a work site that is under construction, at a work site that is temporarily or permanently inactive) shall be conducted in accordance with at least one of the techniques described in Section 501.2(c)(1) through Section 501.2(c)(7) below, as applicable. The owner and/or operator of such inactive disturbed surface area shall be considered in violation of this rule if such inactive disturbed surface area is not maintained in a manner that meets at least one of the standards described in Section 304.3 of this rule, as applicable. 310–33 (1) Appendix C, Section 2.3 (Test Methods for Stabilization: Soil Crust Determination: the Drop Ball Test) of these rules for a soil crust; or (2) Appendix C, Section 2.4 (Test Methods for Stabilization: Determination of Threshold Friction Velocity [TFV]: Sieving Field Procedure) of these rules for threshold friction velocity (TFV) corrected for non-erodible elements of 100 cm/second or higher; or (3) Appendix C, Section 2.5 (Test Methods for Stabilization: Determination of Flat Vegetative Cover) of these rules for flat vegetation cover (i.e., attached [rooted] vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%; or (4) Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing Vegetative Cover) of these rules for standing vegetation cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 30%; or (5) Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing Vegetative Cover) of these rules for standing vegetation cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible elements; or (6) Appendix C, Section 2.7 (Test Methods for Stabilization: Rock Test Method) of these rules for a percent cover that is equal to or greater than 10%, for non-erodible elements; or (7) An alternative and equivalent test method approved in writing by the Control Officer and the Administrator. 502 RECORDKEEPING: 502.1 Any person who conducts dust-generating operations that require a Dust Control Plan shall keep a written record of self-inspection on each day dust-generating operations are conducted. Self-inspection records shall include daily inspections for crusted or damp soil, trackout conditions and clean-up measures, daily water usage for dust control measures, and dust suppressant application. Such written record shall also include the following information: a. Method, frequency, and intensity of application or implementation of the control measures; 310–34 b. Method, frequency, and amount of water application to the site; c. Street sweeping frequency; d. Types of surface treatments applied to and maintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps; e. Types and results of test methods conducted; f. If contingency control measures are implemented, actual application or implementation of contingency control measures and why contingency control measures were implemented; g. List of subcontractors’ names and registration numbers updated when changes are made; and h. Names of employee(s) who successfully completed dust control training class(es) required by Section 309 of this rule, date of the class(es) that such employee(s) successfully completed, and name of the agency/representative who conducted such class(es). 502.2 Any person who conducts dust-generating operations that do not require a Dust Control Plan shall compile and retain records (including records on any street sweeping, water applications, and maintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps) that provide evidence of control measure application, by indicating the type of treatment or control measure, extent of coverage, and date applied. 502.3 Upon verbal or written request by the Control Officer, the log or the records and supporting documentation shall be provided as soon as possible but no later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, records shall be provided without delay. 503 RECORDS RETENTION: Any person who conducts dust-generating operations that require a Dust Control Plan shall retain copies of approved Dust Control Plans, control measures implementation records, and all supporting documentation for at least six months following the termination of the dust-generating operation and for at least two years from the date such records were initiated. If a person has obtained a Title V Permit and is subject to the requirements of this rule, then such person shall retain records required by this rule for at least five years from the date such records are established. 504 TEST METHODS INCORPORATED BY REFERENCE: The test methods listed in this section are incorporated by reference. These incorporations by reference include no future editions or amendments. Copies of the test methods listed in this section are available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004. 310–35 504.1 ASTM Method C136-06 (“Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates”), 2006 edition. 504.2 ASTM Method D2216-05 (“Standard Test Method for Laboratory Determination of Water [Moisture] Content of Soil and Rock by Mass”), 2005 edition. 504.3 ASTM Method D1557-02e1 (“Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)”), 2002 edition. 504.4 EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares”), 2000 edition. 310–36 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 310.01 FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 – DEFINITIONS 201 ANIMAL WASTE 202 AREA A 203 AREA ACCESSIBLE TO THE PUBLIC 204 BULK MATERIAL 205 CHEMICAL/ORGANIC STABILIZER 206 CONTROL MEASURE 207 DISTURBED SURFACE AREA 208 DUST-GENERATING OPERATION 209 DUST SUPPRESSANT 210 EMERGENCY 211 EMERGENCY ACTIVITY 212 FEED LANE ACCESS AREAS 213 FUGITIVE DUST 214 GRAVEL PAD 215 GRIZZLY 216 LIVESTOCK ACTIVITIES 217 MOTOR VEHICLE 218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST 219 NORMAL FARM CULTURAL PRACTICE 220 OFF-ROAD VEHICLE 221 OPEN AREAS AND VACANT LOTS 222 OWNER AND/OR OPERATOR 310.01–1 223 PAVE 224 PM 10 NONATTAINMENT AREA 225 PROPERTY LINE 226 PUBLIC ROADWAYS 227 TRACKOUT/CARRYOUT 228 TRACKOUT CONTROL DEVICE 229 UNPAVED ACCESS CONNECTIONS 230 UNPAVED PARKING LOT 231 UNPAVED ROADWAY (INCLUDING ALLEYS) 232 VACANT LOT SECTION 300 – STANDARDS 301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST 302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION 502 RECORDKEEPING 503 RECORDS RETENTION 310.01–2 Adopted 06/16/99 Revised 02/16/00 Revised 02/17/05 Revised 03/26/08 Revised 01/27/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 310.01 FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST SECTION 100 – GENERAL 101 PURPOSE: To minimize the amount of fugitive dust entrained into the ambient air from non-traditional sources of fugitive dust by requiring measures to prevent, reduce, or mitigate fugitive dust emissions. 102 APPLICABILITY: 102.1 The provisions of this rule shall apply to non-traditional sources of fugitive dust that are conducted in Maricopa County, except for those dust-generating operations listed in Section 103 of this rule. 102.2 The provisions of this rule shall apply to any open area or vacant lot that is not defined as agricultural land and is not used for agricultural purposes according to Arizona Revised Statutes (A.R.S.) § 42-12151 and A.R.S. § 42-12152. 103 EXEMPTIONS: 103.1 The provisions of this rule shall not apply to normal farm cultural practices according to A.R.S. § 49-457 and A.R.S. § 49-504.4. 103.2 The provisions of this rule shall not apply to dust-generating operations that are subject to the standards and/or requirements described in Rule 310: Fugitive Dust from Dust-Generating Operations of these rules. 103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to restore critical utilities to functional status. 103.4 The provisions of this rule do not apply to the establishment of initial landscapes without the use of mechanized equipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a field used for non-motorized sports. However, establishing initial landscapes without 310.01–3 the use of mechanized equipment and conducting landscape maintenance without the use of mechanized equipment shall not include grading, or trenching, performed to establish initial landscapes or to redesign existing landscapes. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions apply, in addition to those definitions found in Rule 100: General Provisions and Definitions of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence. 201 ANIMAL WASTE – Any animal excretions and mixtures containing animal excretions. 202 AREA A – As defined in A.R.S. § 49-541(1), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East 203 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved roadway that can be entered or used for public travel primarily for purposes unrelated to the dustgenerating operation. 204 BULK MATERIAL – Any material, including, but not limited to, the following materials that are capable of producing fugitive dust: 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 Earth. Rock. Silt. Sediment. Sand. Gravel. Soil. Fill. Aggregate less than 2 inches in length or diameter (i.e., aggregate base course [ABC]). Dirt. Mud. 310.01–4 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 Demolition debris. Cotton. Trash. Cinders. Pumice. Saw dust. Feeds. Grains. Fertilizers. Fluff from shredders. Dry concrete. 205 CHEMICAL/ORGANIC STABILIZER – Any non-toxic chemical or organic dust suppressant, other than water, which meets any specifications, criteria, or tests required by any federal, state, or local water agency and is not prohibited for use by any applicable law, rule, or regulation. 206 CONTROL MEASURE – A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. 207 DISTURBED SURFACE AREA – A portion of the earth's surface or material placed on the earth’s surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition if the potential for the emission of fugitive dust is increased by the movement, destabilization, or modification. 208 DUST-GENERATING OPERATION – Any activity capable of generating fugitive dust, including but not limited to, the following activities: 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 Land clearing, maintenance, and land cleanup using mechanized equipment. Earthmoving. Weed abatement by discing or blading. Excavating. Construction. Demolition. Bulk material handling (e.g., bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations). Storage and/or transporting operations (e.g., open storage piles). Operation of any outdoor equipment. Operation of motorized machinery. Establishing and/or using staging areas, parking areas, material storage areas, or access routes to and from a site. Establishing and/or using unpaved haul/access roads to, from, and within a site. Disturbed surface areas associated with a site. Installing initial landscapes using mechanized equipment. 310.01–5 209 DUST SUPPRESSANT – Water, hygroscopic material, solution of water and chemical surfactant, foam, non-toxic chemical stabilizer, or any other dust palliative, which is not prohibited for ground surface application by the Environmental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions. 210 EMERGENCY – A situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a limitation in this rule, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include any noncompliance due to improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. 211 EMERGENCY ACTIVITY – Repairs that are a result of an emergency which prevents or hinders the provision of electricity, the distribution/collection of water, and the availability of other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear conducted by a utility or municipality. 212 FEED LANE ACCESS AREAS – Roads providing access from the feed preparation areas to and including feed lane areas at a livestock activity. These access roads are typically used to distribute feed from feed trucks to the animals. 213 FUGITIVE DUST – The particulate matter not collected by a capture system, that is entrained in the ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include emissions from process and combustion sources that are subject to other rules in Regulation III (Control of Air Contaminants) of these rules. 214 GRAVEL PAD – A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of an area accessible to the public and a site exit to dislodge mud, dirt, and/or debris from the tires of motor vehicles, prior to leaving the site. Minimum dimensions must be 30 feet wide by 3 inches deep and 50 feet long or the length of the longest motor vehicle, whichever is greater. If an unpaved surface exit does not have adequate width to install a 30-foot wide gravel pad, then the width of the gravel pad must cover the full width of the unpaved surface exit and such shorter width shall be adequate to prevent trackout. 215 GRIZZLY – A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires and undercarriage of motor vehicles prior to leaving the work site. 216 LIVESTOCK ACTIVITIES – Any activity directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity 310.01–6 including, but not limited to, livestock arenas, horse arenas, feed lots, and residential activities related to feeding or raising animals. 217 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle. 218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST – A source of fugitive dust that is located at a source that does not require any permit under these rules. The following non-traditional sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01: Fugitive Dust from Non-Traditional Sources of Fugitive Dust of these rules: 218.1 218.2 218.3 218.4 218.5 218.6 218.7 Vehicle use in open areas and vacant lots. Open areas and vacant lots. Unpaved parking lots. Unpaved roadways (including alleys). Livestock activities. Erosion-caused deposition of bulk materials onto paved surfaces. Easements, rights-of-way, and access roads for utilities (electricity, natural gas, oil, water, and gas transmission). 219 NORMAL FARM CULTURAL PRACTICE – All activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition. 220 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies. 221 OPEN AREAS AND VACANT LOTS – Any of the following described in Sections 221.1 through 221.3 of this rule. For the purpose of this rule, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same individual or entity are considered one vacant open area or vacant lot. 221.1 An unsubdivided or undeveloped tract of land adjoining a developed or a partially developed residential, industrial, institutional, governmental, or commercial area. 221.2 A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no approved or permitted buildings or structures of a temporary or permanent nature. 310.01–7 221.3 A partially developed residential, industrial, institutional, governmental, or commercial lot. 222 OWNER AND/OR OPERATOR – Any person who owns, leases, operates, controls, or supervises a fugitive dust source subject to the requirements of this rule. 223 PAVE – To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt). 224 PM 10 NONATTAINMENT AREA – An area designated by the EPA as exceeding National Ambient Air Quality Standards based upon data collected through air quality monitoring. The geographical boundary of Maricopa County's PM 10 nonattainment area is defined as the rectangle determined by and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and T1N, R8E. Maricopa County's PM 10 nonattainment area includes the following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear. 225 PROPERTY LINE – The boundaries of an area in which either a person causing the emission or a person allowing the emission has the legal use or possession of the property. Where such property is divided into one or more sub-tenancies, the property line(s) shall refer to the boundaries dividing the areas of all sub-tenancies. 226 PUBLIC ROADWAYS – Any roadways that are open to public travel. 227 TRACKOUT/CARRYOUT – Any and all bulk materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited onto an area accessible to the public. 228 TRACKOUT CONTROL DEVICE – A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and an area accessible to the public that controls or prevents vehicular trackout. 229 UNPAVED ACCESS CONNECTIONS – Any unpaved road connection with a paved public road. 230 UNPAVED PARKING LOT – Any area that is not paved and that is used for parking, maneuvering, material handling, or storing motor vehicles and equipment. An unpaved parking lot includes, but is not limited to, automobile impound yards, wrecking yards, automobile dismantling yards, salvage yards, material handling yards, and storage yards. For the purpose of this rule, maneuvering shall not include military maneuvers or exercises conducted on federal facilities. 231 UNPAVED ROADWAY (INCLUDING ALLEYS) – A road that is not paved and that is owned by federal, state, county, municipal, or other governmental or quasigovernmental agencies. For the purpose of this rule, an unpaved roadway (including 310.01–8 alleys) is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for purposes other than travel by motor vehicles. An unpaved roadway (including alleys) includes designated or opened trail systems and service roads regardless of surface composition. 232 VACANT LOT – The definition of vacant lot is included in Section 221: Definition of Open Areas and Vacant Lots of this rule. SECTION 300 – STANDARDS 301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST: 301.1 An owner and/or operator of a non-traditional source of fugitive dust shall be subject to the standards and/or requirements described in this rule. Failure to comply with any such standards and/or requirements is deemed a violation of this rule. 301.2 When an owner and/or operator of a non-traditional source of fugitive dust fails to stabilize disturbed surfaces of vacant lots as required in Sections 302.4 and 302.5 of this rule, the Control Officer shall commence enforcement of those rule provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following: a. Reasonable written notice to the owner or the owner’s authorized agent or the owner’s statutory agent that the unpaved disturbed surface of a vacant lot is required to be stabilized. The notice shall be given not less than 30 days before the day set for compliance and shall include a legal description of the property and the estimated cost to the county for the stabilization if the owner does not comply. The notice shall be either personally served or mailed by certified mail to the owner’s statutory agent, to the owner at the owner’s last known address or to the address to which the tax bill for the property was last mailed. b. Authority to enter upon any said land/property where such non-traditional source of fugitive dust exists/where such disturbed surface area exists and to take remedial and/or corrective action as may be deemed appropriate to cope with and relieve, reduce, remedy, and/or stabilize such non-traditional source of fugitive dust/such disturbed surface area. Any cost incurred in connection with any such remedial or corrective action by the Maricopa County Air Quality Department or any person acting for the Maricopa County Air Quality Department shall be reimbursed by the owner and/or operator of such nontraditional source of fugitive dust. 302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST: 310.01–9 302.1 When engaged in the activities described in Sections 302.4 through 302.10 of this rule, the owner and/or operator of a non-traditional source of fugitive dust shall implement control measures as described in Sections 302.4 through 302.10 of this rule, as applicable. 302.2 Control measures shall be implemented to meet the visible emissions requirements and stabilization requirements, as required for each activity, and to achieve the compliance determination in Section 501 of this rule. 302.3 Failure to implement control measures as required by this rule, as applicable, and/or failure to maintain stabilization of a non-traditional source of fugitive dust with adequate surface crusting to prevent wind erosion as measured by the requirements in this rule shall be deemed a violation of this rule. 302.4 Vehicle Use in Open Areas and Vacant Lots: The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall be subject to the requirements described in Section 302.4(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.4(b) of this rule and the additional requirements described in Section 302.4(c) of this rule. a. Visible Emissions Requirements and Stabilization Requirements: (1) The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. (2) The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall stabilize the open areas and vacant lots on which vehicles are used to meet one of the following stabilization limitations: (a) A soil crust; or (b) A threshold friction velocity (TFV) corrected for non-erodible elements of 100 cm/second or higher; or (c) Flat vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%; or 310.01–10 (d) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 30%; or (e) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible elements; or (f) A percent cover that is equal to or greater than 10% for nonerodible elements; or (g) An alternative test method approved in writing by the Control Officer and the Administrator. b. Control Measures: (1) Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access by installing barriers, curbs, fences, gates, posts, shrubs, trees, or other effective control measures; (2) Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access by posting that consists of one of the following: (a) A sign written in compliance with ordinance(s) of local, County, State, or Federal sign standards. (b) An order of a government land management agency. (c) Most current maps approved by a government land management agency. (d) Virtual posting a government land management agency. (3) Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all areas disturbed by motor vehicles and/or off-road vehicles; or (4) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator. c. Additional Requirements: (1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulative of 500 square feet or more that are disturbed by 310.01–11 being driven over and/or used by motor vehicles, by off-road vehicles, or for material dumping, then the owner and/or operator shall implement one or more of the control measures described in Section 302.4(b) of this rule within 60 calendar days following the initial discovery by the Control Officer of disturbance or vehicle use on open areas and vacant lots. (2) Within 30 calendar days following the initial discovery by the Control Officer of disturbance or vehicle use on open areas and vacant lots, the owner and/or operator shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented to prevent such disturbance or vehicle use on open areas and vacant lots. (3) The owner and/or operator shall implement all control measures necessary to limit the disturbance or vehicle use on open areas and vacant lots in accordance with the requirements of this rule. Control measure(s) shall be considered effectively implemented when the open areas and vacant lots meet the requirements described in Section 302.4(a) of this rule. (4) Once a control measure in Section 302.4(b) of this rule has been effectively implemented, then such open area or vacant lot is subject to the requirements of Section 302.5: Open Areas and Vacant Lots of this rule. (5) Use of or parking on open areas and vacant lots by the owner and/or operator of such open areas and vacant lots shall not be considered vehicle use in open areas and vacant lots and shall not be subject to the requirements of Section 302.4(b) and sections 302.4(c)(1) through 302.4(c)(4) of this rule. Such open areas and vacant lots shall still meet the requirements described in Section 302.5 of this rule. (6) Establishing initial landscapes without the use of mechanized equipment or conducting landscape maintenance without the use of mechanized equipment shall not be considered vehicle use in open areas and vacant lots and shall not be subject to the requirements of Section 302.4(b) and Sections 302.4(c)(1) through 302.4(c)(4) of this rule. Such open areas and vacant lots shall still meet the requirements described in Section 302.5 of this rule. 302.5 Open Areas and Vacant Lots: The owner and/or operator of a non-traditional source of fugitive dust that involves open areas and vacant lots shall be subject to the requirements described in Section 302.5(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.5(b) of this rule and the additional requirements described in Section 302.5(c) of this rule. 310.01–12 a. Visible Emissions Requirements and Stabilization Requirements: (1) The owner and/or operator of a non-traditional source of fugitive dust that involves open areas and vacant lots shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. (2) The owner and/or operator of a non-traditional source of fugitive dust that involves open areas and vacant lots shall stabilize the open areas and vacant lots to meet one of the following stabilization limitations: (a) A soil crust; or (b) A threshold friction velocity (TFV) corrected for non-erodible elements of 100 cm/second or higher; or (c) Flat vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%; or (d) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 30%; or (e) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible elements; or (f) A percent cover that is equal to or greater than 10% for nonerodible elements; or (g) An alternative test method approved in writing by the Control Officer and the Administrator. b. Control Measures: (1) Establish vegetative ground cover on all disturbed surface areas. Such control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved, per this control measure, within eight months after the control measure has been implemented; or (2) Apply a dust suppressant to all disturbed surface areas; or 310.01–13 (3) Restore all disturbed surface areas within 60 calendar days following the initial discovery by the Control Officer of the disturbance, such that the vegetative ground cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. Such control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved, per such control measure, within eight months after such control measure has been implemented; or (4) Uniformly apply and maintain surface gravel; or (5) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator. c. Additional Requirements: (1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulative of 500 square feet or more that are disturbed and if such disturbed area remains unoccupied, unused, vacant, or undeveloped for more than 15 days, then the owner and/or operator shall implement one or more of the control measures described in Section 302.5(b) of this rule within 60 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots. (2) Within 30 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots, the owner and/or operator shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented. (3) Control measure(s) shall be considered effectively implemented when the disturbance on the open areas and vacant lots meets the requirements described in Section 302.5(a) of this rule. 302.6 Unpaved Parking Lots: The owner and/or operator of a non-traditional source of fugitive dust that involves unpaved parking lots shall be subject to the requirements described in Section 302.6(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the control measures described in Section 302.6(b) of this rule and the additional requirements described in Section 302.6(c) of this rule. a. Visible Emissions Requirements and Stabilization Requirements: (1) The owner and/or operator of a non-traditional source of fugitive dust that involves unpaved parking lots shall not cause or allow visible 310.01–14 emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. (2) The owner and/or operator of a non-traditional source of fugitive dust that involves unpaved parking lots shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the silt content to exceed 8%. b. Control Measures: (1) (2) (3) For parking, maneuvering, ingress, and egress areas at developments other than residential buildings with four or fewer units that are utilized for more than 35 days during the calendar year: (a) Install and maintain pavement; or (b) Apply dust suppressant other than water and install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site; or (c) Uniformly apply and maintain surface gravel. For parking, maneuvering, ingress, and egress areas at developments other than residential buildings with four or fewer units that are utilized for 35 days or less during the calendar year: (a) Install and maintain one of the control measures listed in Section 302.6(b)(1) of this rule; or (b) Apply water and install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site. For parking, maneuvering, ingress, and egress areas 3,000 square feet or more in size at residential buildings with four or fewer units install and maintain a paving or stabilization method authorized by the city, town, or county by code, ordinance, or permit. c. Additional Requirements: 310.01–15 (1) Control measure(s) shall be considered effectively implemented when the unpaved parking lot meets the requirements described in Section 302.6(a) of this rule. (2) If trackout occurs, the owner and/or operator shall repair and/or replace the control measure(s) and shall clean-up immediately such trackout from areas accessible to the public including curbs, gutters, and sidewalks when trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout. 302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of unpaved roadways (including alleys) that are used by 150 vehicle trips or more per day in the PM 10 nonattainment area shall be subject to the requirements described in Section 302.7(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the control measures described in Section 302.7(b) of this rule and the additional requirements described in Section 302.7(c) of this rule. a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or operator of unpaved roadways (including alleys) shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the silt content to exceed 6%. b. Control Measures: (1) Pave; (2) Apply dust suppressants other than water; or (3) Uniformly apply and maintain surface gravel. c. Additional Requirements: (1) If a person allows 150 vehicle trips or more per day on an unpaved roadway (including an alley) in the PM 10 nonattainment area, then such person shall first implement one of the control measures described in Section 302.7(b) of this rule. (2) A person, who allows 150 vehicle trips or more per day on an unpaved roadway (including an alley) in the PM 10 nonattainment area, shall be responsible for conducting vehicle counts/traffic counts to determine if 150 vehicle trips or more per day occur on an unpaved roadway (including an alley). A traffic count shall measure vehicular traffic over a 48-hour period, which may consist of two non-consecutive 24-hour periods. Vehicular traffic shall be measured continuously during each 310.01–16 24-hour period. The average vehicle counts/traffic counts on the highest trafficked days shall be recorded and provided to the Control Officer in writing within 60 days of verbal or written request by the Control Officer. (3) Control measure(s) shall be considered effectively implemented under the following conditions: (a) When the unpaved roadway (including an alley) meets the requirements described in Section 302.7(a) of this rule. (b) When one of the control measures described in Section 302.7(b) of this rule is implemented on 5 miles of unpaved roadways (including alleys) having vehicle traffic of 150 vehicle trips or more per day within one calendar year beginning in calendar year of 2008. If the control measure described in Section 302.7(b)(2) of this rule is implemented, the unpaved roadways (including alleys) must be maintained so as to comply with Appendix C of these rules. 302.8 Livestock Activities: The owner and/or operator of a non-traditional source of fugitive dust that involves livestock activities shall be subject to the requirements described in Section 302.8(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.8(b) of this rule and the additional requirements described in Section 302.8(c) of this rule. a. Visible Emissions Requirements: (1) For unpaved access connections and unpaved feed lane access areas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity. (2) For corrals, pens, and arenas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity for a period aggregating more than three minutes in any 60-minute period. (3) The owner and/or operator shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated. b. Control Measures: The owner and/or operator of a non-traditional source of fugitive dust that involves livestock activities shall implement the control measures described in this section of this rule. When selecting a control measure, the owner and/or operator may consider site-specific logistics of the livestock activities. When doing so, some control measures may be more reasonable to implement than others. Any control measure that is implemented must achieve the applicable standards and requirements 310.01–17 described in Sections 302.8(a) and (c) of this rule, as determined by the corresponding test methods, as applicable, and must achieve other applicable standards set forth in this rule. The owner and/or operator may submit a request to the Control Officer and the Administrator for the use of alternative control measure(s). The owner and/or operator may implement the alternative control measure only after the Control Officer and the Administrator have granted the petition. (1) (2) (3) For unpaved access connections and unpaved feed lane access areas: (a) Apply water and install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site; (b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or asphaltic roadbase; (c) Apply and maintain dust suppressants other than water; or (d) Limit vehicle trips to no more than 20 per day per road, limit vehicle speeds to no more than 15 miles per hour, and restrict public access to private roads by installing barriers, curbs, fences, gates, posts, or signs written in compliance with ordinance(s) of local, County, State, or Federal sign standards. For bulk material hauling, including animal waste, off-site and crossing and/or accessing an area accessible to the public: (a) Load all vehicles used to haul bulk material, including animal waste, such that the freeboard is not less than three inches; (b) Prevent spillage or loss of bulk material, including animal waste, from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); (c) Cover cargo compartment with a tarp or other suitable closure; and (d) Install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site. For corrals, pens, and arenas: (a) Apply water; 310.01–18 (b) Install shrubs and/or trees within 50 feet to 100 feet of corrals, pens, and arenas; (c) Scrape and/or remove manure; (d) Apply a fibrous layer (i.e., wood chips) in working areas; (e) Provide shaded areas; or (f) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator. c. Additional Requirements: (1) The owner and/or operator of livestock activities shall implement at least one of the control measures from each of the following three sections of this rule, as applicable: Section 302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3). In lieu of implementing at least one control measure from each of the following three sections of this rule, as applicable: Section 302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3), the owner and/or operator of livestock activities shall implement an alternative control measure approved in writing by the Control Officer and the Administrator. (2) Control measure(s) shall be considered effectively implemented when the livestock activities meet the requirements described in Section 302.8(a) of this rule. (3) If trackout occurs, the owner and/or operator shall repair and/or replace the control measure(s) and shall clean up immediately such trackout from areas accessible to the public including curbs, gutters, and sidewalks when trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout. 302.9 Erosion-Caused Deposition of Bulk Materials Onto Paved Surfaces: The owner and/or operator of a non-traditional source of fugitive dust that involves erosion-caused deposition of bulk materials onto paved surfaces shall comply with the control measures described in Section 302.9(a) of this rule and the additional requirements described in Section 302.9(b) of this rule. a. Control Measures: (1) Remove any and all such deposits by utilizing the appropriate control measures within 24 hours of the deposits’ identification or prior to the 310.01–19 resumption of traffic on pavement, where the pavement area has been closed to traffic; and (2) Dispose of deposits in such a manner so as not to cause another source of fugitive dust. b. Additional Requirements: (1) In the event that erosion-caused deposition of bulk materials or other materials occurs on any adjacent paved roadway, paved parking lot, curb, gutter, or sidewalk, the owner and/or operator of the property from which the deposition eroded shall implement both of the control measures described in Section 302.9(a) of this rule. (2) Failure to comply with both of the control measures described in Section 302.9(a) of this rule shall constitute a violation of this rule. 302.10 Easements, Rights-of-Way, and Access Roads for Utilities (Transmission of Electricity, Natural Gas, Oil, Water, and Gas): The owner and/or operator of a non-traditional source of fugitive dust that involves easements, rights-of-way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas) that are used by 150 vehicle trips or more per day in the PM 10 nonattainment area shall be subject to the requirements described in Section 302.10(a) of this rule and unless otherwise specified and/or required, comply with one of the control measures described in Section 302.10(b) of this rule and the additional requirements described in Section 302.10(c) of this rule. a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or operator of a non-traditional source of fugitive dust that involves easements, rights-of-way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas) shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the silt content to exceed 6%. b. Control Measures: (1) Pave; (2) Apply dust suppressants other than water; (3) Uniformly apply and maintain surface gravel; or (4) Install locked gates at each entry point. 310.01–20 c. Additional Requirements: (1) If an owner and/or operator allows 150 vehicle trips or more per day to use an easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) in the PM 10 nonattainment area, then such owner and/or operator shall first implement one of the control measures described in Section 302.10(b) of this rule. (2) A person, who allows 150 vehicle trips or more per day to use an easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) in the PM 10 nonattainment area, shall be responsible for conducting vehicle counts/traffic counts to determine if 150 vehicle trips or more per day occur on an easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas). A traffic count shall measure vehicular traffic over a 48-hour period, which may consist of two non-consecutive 24-hour periods. Vehicular traffic shall be measured continuously during each 24-hour period. The average vehicle counts/traffic counts on the highest trafficked days shall be recorded and provided to the Control Officer in writing within 60 days of verbal or written request by the Control Officer. (3) Control measure(s) shall be considered effectively implemented when the easement, right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) meets the requirements described in Section 302.10(a) of this rule. SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION: To determine compliance with this rule, the following test methods shall be followed: 501.1 Opacity Observations: a. Opacity observations to measure visible emissions shall be conducted in accordance with the techniques specified in EPA Reference Method 203B (Visual Determination of Opacity of Emissions from Stationary Sources for Time-Exception Regulations). Emissions shall not exceed the applicable opacity standards of this rule for a period aggregating more than three minutes in any 60-minute period. b. Opacity observations to determine compliance with Sections 302.6, 302.7, 302.8(a)(1), 302.8(a)(2), and 302.10 of this rule shall be conducted in 310.01–21 accordance with the techniques specified in Appendix C (Fugitive Dust Test Methods) of these rules. 501.2 Stabilization observations for unpaved parking lots and/or unpaved roadways (including alleys) shall be conducted in accordance with Appendix C, Section 2.1 (Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots) of these rules. 501.3 Stabilization observations for vehicle use in open areas and vacant lots and/or open areas and vacant lots shall be conducted in accordance with the following: a. Appendix C, Section 2.3 (Test Methods for Stabilization: Soil Crust Determination: The Drop Ball Test) of these rules; or b. Appendix C, Section 2.4 (Test Methods for Stabilization: Determination of Threshold Friction Velocity [TFV]: Sieving Field Procedure) of these rules, where the threshold friction velocity (TFV) for disturbed surface areas corrected for non-erodible elements is 100 cm/second or higher; or c. Appendix C, Section 2.5 (Test Methods for Stabilization: Determination of Flat Vegetative Cover) of these rules, where flat vegetation cover (i.e., attached [rooted] vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) is equal to at least 50%; or d. Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing Vegetative Cover) of these rules, where standing vegetation cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) is equal to or greater than 30%; or e. Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing Vegetative Cover) of these rules, where the standing vegetation cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) is equal to or greater than 10% and where the threshold friction velocity, corrected for non-erodible elements, is equal to or greater than 43 cm/second; or f. Appendix C, Section 2.7 (Test Methods for Stabilization: Rock Test Method) of these rules where a percent cover is equal to or greater than 10% for nonerodible elements. g. An alternative test method approved in writing by the Control Officer and the Administrator. 502 RECORDKEEPING: Any person subject to the requirements of this rule shall compile and retain records that provide evidence of control measure application (i.e., receipts 310.01–22 and/or purchase records). Such person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. Upon verbal or written request by the Control Officer, such person shall provide the records and supporting documentation as soon as possible but no later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, such person shall provide the records without delay. 503 RECORDS RETENTION: Copies of the records required by Section 502 (Recordkeeping) of this rule shall be retained for at least two years. 310.01–23 BLANK PAGE 310.01–24 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 311 PARTICULATE MATTER FROM PROCESS INDUSTRIES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 AFFECTED OPERATION 202 APPROVED EMISSION CONTROL SYSTEM 203 PARTICULATE MATTER 204 PARTICULATE MATTER EMISSIONS 205 PROCESS WEIGHT 206 PROCESS WEIGHT RATE 207 UNCOMBINED WATER SECTION 300 - STANDARDS 301 LIMITATIONS - PROCESS INDUSTRIES 302 APPLICABILITY OF EMISSION LIMITS FOR COMBINED EMISSIONS FROM SIMILAR OPERATIONS 303 LIMITATIONS - PORTLAND CEMENT PLANTS 304 APPROVED EMISSION CONTROL SYSTEM REQUIRED 305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIRED 306 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE - O&M PLAN SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING RECORDS 502 RECORD KEEPING AND REPORTING 311.1 503 RECORD RETENTION 504 TEST METHODS 311.2 Revised 07/13/88 Revised 08/02/93 Revised 07/02/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 311 PARTICULATE MATTER FROM PROCESS INDUSTRIES SECTION 100 - GENERAL 101 PURPOSE: To limit the discharge of particulate matter into the atmosphere by establishing emission rates based on process weight. 102 APPLICABILITY: This rule shall apply to any affected operation which is not subject to Rules 313, 316, 317, 319, 322, and 323 which regulate particulate matter from specific sources. All sources regulated by this rule shall also comply with Rule 310. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 AFFECTED OPERATION - An operation that emits particulate matter into the ambient air as a result of processing materials. 202 APPROVED EMISSION CONTROL SYSTEM - A system for reducing particulate matter emissions, consisting of collection and/or control devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. 203 PARTICULATE MATTER - Any material, except uncombined water, 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. 204 PARTICULATE MATTER EMISSIONS - Any and all finely divided solid or liquid materials other than uncombined water, emitted to the ambient air as measured by applicable state and federal test methods. 205 PROCESS WEIGHT - The total weight of all materials introduced into an operation, excluding liquids and gases used solely as fuels, air which is not consumed as a reactant, and combustion air. 206 PROCESS WEIGHT RATE - A rate established as follows: 311.3 206.1 For continuous or long-run steady-state operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. 206.2 For cyclical or batch operations, the total process weight for a period which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such period. 207 UNCOMBINED WATER - Condensed water containing no more than analytical trace amounts of other chemical elements or compounds. SECTION 300 - STANDARDS 301 LIMITATIONS - PROCESS INDUSTRIES: No person shall discharge or cause or allow the discharge of particulate matter emissions into the ambient air from any affected operation in excess of the allowable hourly emission rate determined by the following equations: 301.1 Process Weight Rates Less Than or Equal to 60,000 Pounds Per Hour: Determination of the allowable hourly emission rates (E) for process weight rates up to 60,000 lbs/hr shall be accomplished by use of the equation: E = 3.59 P0.62 (P = less than or equal to 30 tons/hr) where: E = Emissions in pounds per hour, and P = Process weight rate in tons per hour. 301.2 Process Weight Rates Greater Than 60,000 Pounds Per Hour: Determination of the allowable hourly emission rates (E) for process weight rates in excess of 60,000 lbs/hr shall be accomplished by the use of the equation: E = 17.31 P0.16 (P = greater than 30 tons/hr) where "E" and "P" have the same meanings as in Section 301.1 of this rule. 302 APPLICABILITY OF EMISSION LIMITS FOR COMBINED EMISSIONS FROM SIMILAR OPERATIONS: The total process weight from all similar operations at a facility, plant or premises shall be used for determining the maximum allowable emissions of particulate matter. 311.4 303 LIMITATIONS - PORTLAND CEMENT PLANTS: Portland cement plants shall be subject to the New Source Performance Standards (NSPS), 40 CFR 60, Subpart F, referenced in Rule 360 of these Rules and Regulations. 304 APPROVED EMISSION CONTROL SYSTEM REQUIRED: For affected operations which may exceed the applicable standards set forth in Sections 301 through 302 of this rule, an owner or operator may comply by installing and operating an approved emission control system. 305 OPERATION AND MAINTENANCE (O&M) PLAN REQUIRED: No person required to use an approved emission control system to reduce emissions as specified in the conditions of a valid permit in accordance with this rule shall do so without complying with an operation and maintenance plan that has been approved by the Control Officer. This plan shall specify key system operating parameters such as temperatures, transfer rates, pressures and/or flow rates necessary to determine compliance with this rule and describe in detail procedures to maintain the approved emission control system. The Control Officer's written approval of this plan shall be required for compliance with this rule to be achieved. 306 EXEMPTIONS: The provisions of Section 301 of this rule shall not apply to incinerators or fuel burning facilities. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE - OPERATION AND MAINTENANCE (O&M) PLAN: Any person employing an approved emission control system on the effective date of this rule shall by December 1, 1993, file an O&M Plan with the Control Officer in accordance with Section 501 of this rule. SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: No person required to use an approved emission control system to control particulate emissions pursuant to this rule shall do so without first providing, properly installing, operating and maintaining in calibration and in good working order devices for indicating temperatures, pressures, transfer rates, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained as described in an approved O&M Plan. 502 RECORDKEEPING AND REPORTING: Any person subject to this rule shall comply with the following requirements. Any records and data required by this section shall be kept on site at all times in a consistent and complete manner and be made available without delay to the Control Officer or his designee upon request. 311.5 502.1 De Minimis Limitation for Affected Operations Requiring Records: No person responsible for the operation of any particulateemitting affected operation which processes more than 50 pounds of material daily shall conduct such operations unless detailed daily records are maintained. 502.2 Minimum Recordkeeping Required: These records shall be updated each day of operation and include at a minimum the following information: a record of the total weight of all process materials including raw materials, additives, fuels, etc., which are put into a process flow at the beginning of each batch process shall be kept on site. This shall include all materials which participate in the process and are changed in mass, form, state or in other characteristics by means of their interaction in the given process. The duration of each separate batch process shall also be recorded. a. Batch process records: Maintain a record of the total weight of all process materials including raw materials, additives, and fuels which are put into a process flow at the beginning of each batch process shall be kept. This shall include all materials which participate in the process and are changed in mass, form, state or in other characteristics by means of their interaction in the given process. The duration of each separate batch process shall also be recorded. b. Continuous or semi-continuous process records: Maintain a daily record of the weight of all process material entering into each process including raw materials, additives, fuels, the start time and the duration of each process run. In addition to the foregoing, records shall be kept for processes which run continuously for more than 24 hours. Such records shall include the total weight of any material entering into the process over the entire duration of the process run from start up to shut down and the total elapsed time of operation. 502.3 Operation and Maintenance: Maintain a continuous record of the periods of time an approved emission control system is used to comply with this rule and maintain daily records of the Operation and Maintenance Plan's key system operating parameters. The records shall account for any periods of production when the control system was not operating and maintain records of all maintenance performed according to the O&M Plan. 503 RECORD RETENTION: Copies of reports, logs and supporting documentation required by the Control Officer shall be retained at least five years. Records and information required by this rule shall also be retained for at least five years. 504 TEST METHODS ADOPTED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2001) as listed below, are 311.6 adopted by reference. These adoptions by reference include no further editions or amendments. Copies of test methods referenced in this Section are available at the Maricopa County Environmental Services Department, 1001 N. Central Avenue, Phoenix, AZ. 85004-1942. When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 504.1 EPA Reference Method 1 (" Sample and Velocity Traverse for Stationary Sources"), 1A (" Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts") (40 CFR 60, Appendix A). 504.2 EPA Reference Method 2 (" Determination of Stack Gas Velocity and Volumetric Flow Rate "), 2A (" Direct Measurement of Gas Volume Through Pipes and Small Ducts), 2C (" Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts"), and 2D (" Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts") (40 CFR 60, Appendix A). 504.3 EPA Reference Method 3 (" Gas Analysis for the Determination of Dry Molecular Weight"), 3A (" Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental Analyzer Procedure), 3B (" Gas Analysis for the Determination of Emission Rate Correction Factor of Excess Air"), 3C (" Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources") (40 CFR 60, Appendix A). 504.4 EPA Reference Method 4 ("Determination of Moisture Content in Stack Gases") (40 CFR 60, Appendix A). 504.5 EPA Reference Method 5 (" Determination of Particulate Emissions from Stationary Sources") (40 CFR 60, Appendix A) and possibly, if requested by the Control Officer, EPA Reference Method 202 (" Determination of Condensable Particulate Emissions from Stationary Sources") (40 CFR 51, Appendix M). 504.6 EPA Reference Method 9 (" Visual Determination of the Opacity Emissions from Stationary Sources") (40 CFR 60, Appendix A). 311.7 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 312 ABRASIVE BLASTING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 - DEFINITIONS 201 ABRASIVE 202 ABRASIVE BLASTING OPERATION 203 CERTIFIED ABRASIVES 204 CONFINED ENCLOSURE 205 EMISSION CONTROL SYSTEM (ECS) 206 HYDROBLASTING 207 MULTIPLE NOZZLES 208 OPACITY 209 UNCONFINED BLASTING 210 VACUUM BLASTING 211 WET ABRASIVE BLASTING 212 WIND EVENT SECTION 300 - STANDARDS 301 LIMITATIONS FOR BLASTING 302 REQUIREMENTS FOR UNCONFINED BLASTING 303 REQUIREMENTS FOR CONFINED BLASTING 304 REQUIREMENTS FOR ECS AND MONITORING DEVICES 305 OPACITY LIMITATION 306 WIND EVENT 307 TRAFFIC MARKERS 312.1 308 WORK PRACTICES SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 RECORDS RETENTION 503 COMPLIANCE DETERMINATION 504 CERTIFIED ABRASIVES LIST ADOPTED BY REFERENCE 505 OPACITY OBSERVATIONS 506 TEST METHODS ADOPTED BY REFERENCE 312.2 Revised 07/13/88 Revised 07/02/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 312 ABRASIVE BLASTING SECTION 100 - GENERAL 101 PURPOSE: To limit particulate matter emissions from abrasive blasting operations. 102 APPLICABILITY: This rule applies to abrasive blasting operations. 103 EXEMPTIONS: This rule shall not apply to the following: 103.1 Self-contained, enclosed abrasive blasting equipment that is not vented to the atmosphere or is vented inside a building with the exhaust directed away from any opening to the building exterior, or 103.2 Hydroblasting. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: Se e R ule 1 00 ( General P rovisions an d D efinitions) o f t hese rules for definitions of terms that are used but not specifically defined in this rule: 201 ABRASIVE – A solid substance used in a blasting operation. This includes but is not limited to sand, slag, steel, shot, garnet, walnut shells, or carbon dioxide pellets. 202 ABRASIVE BLASTING OPERATION – Cleaning, polishing, c onditioning, removing o r p reparing a s urface b y p ropelling a stream of abrasive with pressurized liquid or compressed air against the surface. 203 CERTIFIED ABRASIVES – An abrasive, that has been certified by the California Air Resources Board (CARB) in accordance with Section 92530 of Title 17, Division 3, Chapter 1, Subchapter 6, Article 4 of the California Code and Regulations effective as of December 26, 2 000. A n ab rasive p urchased d uring t he c ertified period remains certified for use following its expiration date. 204 CONFINED ENCLOSURE – A structure that is used, in whole or in part, for abrasive blasting operations. The structure consists of three or four sides, a roof or c over, wi th o r wi thout an e xhaust t o t he at mosphere. T he b lasting s hall be directed away from the open side of the structure. 312.3 205 EMISSION CONTROL SYSTEM (ECS)– A system for reducing particulate matter emissions, consisting of both collection and control devices, that is designed and operated in accordance with good engineering practice, and, if permitted, is approved in writing by the Control Officer. 206 HYDROBLASTING – Any abrasive blasting operation that uses a pressurized liquid as the propelling force. 207 MULTIPLE NOZZLES – Two or more nozzles positioned in such close proximity that their separate plumes are indistinguishable. 208 OPACITY – A c ondition o f t he at mosphere, o r an y p art t hereof, i n wh ich an ai r contaminant partially or wholly obscures the view of an observer. 209 UNCONFINED BLASTING – Any abrasive blasting operation that is not performed in a confined enclosure. 210 VACUUM BLASTING – Any abrasive blasting operation in which the spent abrasive, surface material, and dust are immediately collected by a vacuum device. 211 WET ABRASIVE BLASTING – Any abrasive blasting operation that uses compressed air as the propelling force, abrasive, and adds a liquid to minimize the plume. 212 WIND EVENT – An o ccurrence wh en t he 6 0-minute av erage wi nd s peed i s greater than 25 miles per hour. SECTION 300 - STANDARDS 301 LIMITATIONS FOR BLASTING: All a brasive b lasting o perations sh all b e performed in a confined enclosure, unless one of the following conditions are met, in which case unconfined blasting according to Section 302 of this rule may be performed: 301.1 The item to be blasted exceeds 8 ft. in any one dimension, or 301.2 The surface being blasted is fixed in a permanent location, cannot easily be moved into a c onfined e nclosure, an d t he s urface i s n ot n ormally dismantled or moved prior to abrasive blasting. 302 REQUIREMENTS FOR UNCONFINED BLASTING: At least one of the following control measures shall be used: 302.1 Wet abrasive blasting, 302.2 Vacuum blasting, or 312.4 302.3 Dry abrasive blasting, provided that all of the following conditions are met: a. Perform only on a metal substrate. b. Use only certified abrasive for dry unconfined blasting. c. Blast o nly p aint t hat i s l ead fr ee ( i.e. t he l ead c ontent i s l ess t han 0.1percent). d. Perform the abrasive blasting operation directed away from unpaved surfaces. e. Use the certified abrasive not more than once unless contaminants are separated from the abrasive through filtration and the abrasive conforms to its original size. 303 REQUIREMENTS FOR CONFINED BLASTING: Dry abrasive blasting in a confined enclosure with a forced air exhaust shall be conducted by implementing either of the following: a. Using a certified abrasive, or b. Venting to an ECS. 304 REQUIREMENTS FOR ECS AND MONITORING DEVICES: The following requirements apply to blasting equipment that vents through a required ECS and requires a Maricopa County permit under Rule 200 of these rules. Buildings and/or enclosures are not considered control equipment. Equipment that meets the following two criteria and is operated and maintained in accordance with manufacturer’s specifications, is exempt from the requirements of this section: a. Is self-contained and the total internal volume of the blast section is 50 cubic feet or less, and b. Is vented to an ECS. 304.1 Operation and Maintenance (O&M) Plan Required for Emission Control System (ECS)a. An owner or operator shall provide and maintain, readily available at all times, an O&M Plan for any ECS, other emission processing equipment, and E CS mo nitoring d evices t hat ar e u sed p ursuant t o this rule or to an air pollution control permit. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each E CS an d e ach E CS mo nitoring d evice t hat i s used pursuant to this r ule. I f t he O &M p lan h as n ot b een fi led, a ny owner or operator employing an approved existing ECS on the effective date o f t his r ule s hall b y D ecember 1 8, 2 003 h ave an O&M plan filed with the Control Officer. c. The owner or operator shall comply with all the identified actions and schedules provided in each O&M Plan. 304.2 Installing And Maintaining ECS Monitoring Devices – An owner or operator operating an ECS pursuant to this rule shall properly install and maintain i n c alibration, i n g ood wo rking o rder and in operation, devices described in the facility’s O&M Plan that indicate temperatures, pressures, 312.5 rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly. 305 OPACITY LIMITATION: No owner or operator shall discharge into the atmosphere fr om an y ab rasive b lasting o peration an y ai r c ontaminant fo r an observation period o r periods ag gregating mo re than three minutes in any sixty minute period an opacity equal to or greater than 20 percent. An indicated excess will b e considered t o h ave o ccurred i f an y c umulative p eriod o f 15-second increments totaling more than three minutes within any sixty minute period was in excess of the opacity standard. 306 WIND EVENT – No dry unconfined abrasive blasting operation shall be conducted during a wind event. 307 TRAFFIC MARKERS – Surface preparation for raised traffic delineating markers and pavement marking removal using abrasive blasting operations shall be performed by wet blasting, hydroblasting or vacuum blasting. Dry blasting may be performed using only certified abrasives when: 307.1 Removing pavement markings of less than 1,000 square feet 307.2 Performing surface preparation for raised traffic delineating markers of less than 1,000 square feet. 308 WORK PRACTICES: 308.1 Unconfined Blasting: The o wner o r o perator s hall c lean u p s pent abrasive material with a p otential to be transported during a wind event and, until removal occurs, shall, at a minimum, meet the provisions of Rule 310 of these rules regarding work practices. 308.2 Confined Blasting: At the end of the wo rk s hift t he o wner o r o perator shall clean up spillage, carry-out, and/or trackout of any spent abrasive material with a potential to be transported during a wind event. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: All abrasive blasting operations shall be conducted in compliance with this rule upon adoption. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: At a mi nimum, an o wner o r o perator subject to this rule shall keep the following records onsite, that are applicable to all abrasive blasting operations. Additional reporting may be required by an air quality permit: 312.6 501.1 If blasting operations occur daily or are a part of a facility’s primary work activity, then the following shall be kept as a record: a. A list of the blasting equipment, b. The description of the type of blasting as confined, unconfined, sand, wet, or other, c. The locations of the blasting equipment or specify if the equipment is portable, d. A description of the ECS associated with the blasting operations, e. The days of the week blasting occurs, and f. The normal hours of operation. 501.2 If blasting operations occur periodically, then the following shall be kept as a record: a. The date the blasting occurs, b. The blasting equipment that is operating, c. A description of the type of blasting, and d. A description of the ECS associated with the blasting operations. 501.3 The type and amo unt o f s olid abrasive material consumed on a monthly basis. Include name of certified abrasive used, as applicable. 501.4 Material Safety Data Sheets (MSDS) or results of any lead testing that was performed on paint that is to be removed via unconfined blasting, as applicable. 502 RECORDS RETENTION: Copies of reports, logs, and supporting documentation required by this rule shall be retained for at least 5 years at permitted Title V sources and for at least 2 years at Non-Title V sources. 503 COMPLIANCE DETERMINATION: 503.1 Control Device Efficiency – Manufacturer’s s pecifications, t esting results, or engineering data that demonstrate control efficiency shall be submitted upon request of the Control Officer. 503.2 Paint Lead Level – Prior to unconfined blasting of paint, the owner or operator must be the generator with firsthand knowledge of lead content in the p aint, o r r etain e vidence o f t he l ead l evel fr om t he mat erial MSDS or from a lead test performed in accordance with Section 506 of the rule. Unconfined blasting is prohibited if the lead content of the material is >0.1percent. 504 CERTIFIED ABRASIVES LIST ADOPTED BY REFERENCE: The list of abrasives c ertified f or p ermissible d ry unconfined blasting is found in Executive Order G-00-066 in accordance with the California Code of Regulations, Subchapter 6, Title 17, S ection 92530, Exhibit A effective as of December 26, 2000 and is adopted by reference. A copy of the list of currently certified abrasives can also be 312.7 obtained at Maricopa County Environmental Services, 1001 North Central Avenue, Phoenix, AZ 85004-1942. 505 OPACITY OBSERVATIONS: Opacity sh all b e d etermined b y o bservations o f visible emissions conducted in accordance with EPA Reference Method 9 and with the following provisions: 505.1 Emissions from unconfined blasting shall be observed at the densest point of the emission from the closest point of discharge, after a major portion of the spent abrasives has fallen out. 505.2 Emissions from unconfined blasting employing multiple nozzles shall be considered a single source unless it can be demonstrated by the owner or operator that each nozzle, evaluated separately, meets the emission standards of this rule. 505.3 Emissions from confined blasting shall be observed at the densest point after the air contaminant leaves the enclosure or associated ECS. 506 TEST METHODS ADOPTED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR), July 1, 2001, as listed below, are adopted by reference. This adoption by reference includes no future editions or amendments. Copies of these test methods may be obtained at the Maricopa County Environmental Services Department – Air Quality Division, 1001 North Central A venue Su ite 2 00, P hoenix, A Z 85004-1942. When more than one test method as listed i n Se ctions 5 06.2 t hrough 5 06.7 i s p ermitted fo r t he s ame determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation. 506.1 EPA Test Method 9 (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 506.2 EPA T est M ethod fo r E valuating So lid W astes (Lead), SW-846 M ethod 6010B (Inductively Coupled Plasma-Atomic Emission Spectrometry). 506.3 EPA Test Method for Testing Lead by Atomic Absorption, Direct Aspiration, Method 0239.2 (EPA Report 600/4-79-020). 506.4 EPA Test Method for Testing Lead, SW-846 Method 3050B (Acid Digestion of Sediments, Sludges and Soils). 506.5 EPA Test Method for Testing Lead, SW-846 Method 7420 (Lead (Atomic Absorption, Direct Aspiration). 506.6 OSHA Method ID -121 (Metal and Metalloid P articulates i n Wo rkplace Atmospheres [Atomic Absorption]). 312.8 506.7 OSHA Method ID -125G ( Metal a nd Metalloid P articulates i n Wo rkplace Atmospheres [ICP Analysis]). 312.9 BLANK PAGE 312.10 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 313 INCINERATORS, BURN-OFF OVENS, AND CREMATORIES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 - DEFINITIONS 201 AFTERBURNER 202 BURN-OFF OVEN 203 COMBUSTIBLE REFUSE 204 CONDITIONING PERIOD 205 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) 206 CREMATION 207 CREMATORY 208 ELECTRIC INDUCTION FURNACES 209 FLUE 210 HOSPITAL WASTE 211 INCINERATION 212 MEDICAL WASTE 213 METAL SALVAGE OPERATIONS 214 MULTIPLE-CHAMBER STARVED-AIR INCINERATOR 215 NIGHT BURNING 216 OPERATIONAL TEST PERIOD 217 PATHOLOGICAL WASTE 313.1 218 RESIDENCE TIME SECTION 300 - STANDARDS 301 CONTROLS REQUIRED 302 EMISSIONS STANDARD - OPACITY 303 EMISSION STANDARD PARTICULATES 304 NIGHT BURNING 305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING 502 COMPLIANCE DETERMINATION-TEST METHODS 313.2 Revised 07/13/88 Revised 04/07/93 Revised 09/22/04 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 313 INCINERATORS, BURN-OFF OVENS AND CREMATORIES SECTION 100 – GENERAL 101 PURPOSE: To establish standards for incinerators, burn-off ovens and crematories and to limit particulate emissions from burning in these types of units. 102 APPLICABILITY: This rule applies to: 102.1 All incinerators except the incinerators subject to subtitle C of the Resource Conservation and Recovery Act, Rule 317 o f t he Maricopa County Air Pollution C ontrol Regulations was te o r to 4 0 C FR Part 6 0, Su bpart Ec, 4 0 CFR Part 60, Subpart CCCC, or 40 CFR Part 60, Subpart DDDD. 102.2 Burn-off ovens u sed i n metal salvage operations o r u sed t o r emove n onmetallic coatings from metal parts by the application of heat that meet at least one of the following conditions: a. Charge burning capacity of greater than 25lb. per hour; or b. Internal oven volume greater than 1 cubic yard; or c. Fuel burning capacity of primary chamber greater than 200,000 Btu/hr. 102.3 Crematories. 313.3 103 EXEMPTIONS: The following types of combustion equipment and activities are exempt from this rule: 103.1 Laboratory ovens; 103.2 Environmental test chambers; 103.3 Ovens used in research facilities; 103.4 Flares; 103.5 Curing or drying ovens that are operated at temperatures lower than 600˚ F; 103.6 Electric induction furnaces; and 103.7 Burning-off of precleaned items consisting entirely of metal and containing no debris visible to the naked eye. Precleaning shall be done by flushing with water, solvent and/or mechanical means. SECTION 200 - DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purposes of this rule, the following definitions shall apply: 201 AFTERBURNER - The heating device associated with an incinerator, burnoff oven or crematory that is designed to provide excess air and heat for complete combustion of the gases in the primary chamber so as to control particulate emissions. 202 BURN-OFF OVEN - A heating d evice used t o remove materials such as oils, greases, paints, coatings, rubber, laquers, and insulation from other materials or parts by burning or charring. 203 COMBUSTIBLE REFUSE - Any solid or liquid combustible waste material containing carbon in a free or combined state. 204 CONDITIONING PERIOD - A period of time (168 hours minimum) during which the COMS is operated without any unscheduled maintenance, repair, or adjustment prior to initiation of the operational test period. 313.4 205 CONTINUOUS OPACITY MONITORING SYSTEM (COMS) - The t otal equipment necessary for t he determination o f opacity o f e missions which provides a permanent, uninterrupted record of opacity readings. 206 CREMATION - The technical process of reducing human or animal remains to b one fr agments an d ashes i n a c ontrolled r etort o r fu rnace u sing h eat and/or flame. The reduction takes place through heat and evaporation. Cremation shall al so i nclude t he p rocessing and p ulverization o f t he b one fragments. 207 CREMATORY - A r etort u sed fo r t he c remation o f r emains (human or animal), body parts, and associated wrappings. This term may also be used to refer to an establishment wherein these remains are cremated. A crematory may be considered existing or new, dependent upon the date it was constructed. If it was constructed, modified, or commenced operation, including the contractual obligation to undertake and complete an order for a crematory, prior to September 22, 2004 , then it is an existing crematory. 208 ELECTRIC INDUCTION FURNACE - A furnace o r oven that is used to melt metals by use o f e lectricity as the s ource of p ower o r an al ternating current electric furnace in which primary conductor is coiled and generates by electromagnetic induction a secondary current that develops within the metal charge. 209 FLUE - A duct or passage, such as a stack or chimney, for air contaminants. 210 HOSPITAL WASTE - Discards g enerated at a hospital o r c linic, ex cept unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation. 313.5 211 INCINERATION - The process of burning involving the chemical reaction of combustible waste materials with air in which the primary purpose is the destruction and reduction in size and mass of the combustible material. 212 MEDICAL WASTE - Any non-gaseous waste, including infectious wastes, which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in production or testing of biological agents and substances. Medical waste does not include any wastes identified under subtitle C of the Resource Conservation and Recovery A ct (R CRA) as h azardous o r a s h ousehold waste, but includes those pharmaceuticals which are not identified as hazardous by subtitle C of RCRA. It does include cultures and stocks of infectious agents and human pathological waste; human blood and blood products, sharps, needles and broken glass that were in contact with infectious wastes; animal wastes exposed to infectious wastes, isolation wastes and unused sharps, needles and syringes. Medical waste does not include human or animal remains, caskets, c ontainers, c lothing or wrappings fr om crematories. A n expanded definition of medical waste is found in 40 CFR 60, Subpart Ec. 213 METAL SALVAGE OPERATIONS - Any s ource o peration in wh ich combustion or pyrolysis is carried on for the principal purpose, or with the principal result, of r ecovering me tals wh ich are i ntroduced i nto the operation as essentially pure metals, or alloys thereof, by oxidation of physically intermingled combustible material. Operations in which there is a complete f usion of al l s uch me tals a re n ot included i n these t ypes o f operations such as in an electric induction furnace. 214 MULTIPLE - CHAMBER STARVED - AIR INCINERATOR - Any incinerator consisting of two or more refractory lined combustion chambers in series, physically separated by refractory walls, interconnected by gas passage ports or ducts designed for maximum combustion of the material to be burned. 313.6 214.1 Primary Chamber - Initial c ompartment w herein t he maj ority o f waste v olume r eduction or h eat t reatment o ccurs b y c ombustion. P rimary chambers are operated at lower temperatures than secondary chambers or afterburners. 214.2 Secondary Chamber -Compartment which operates at excess air conditions wherein destruction of gas-phase combustion products occurs. Passage ports, d ucts, fl ues, c himneys, o r s tacks with burners s hall not be considered controlled secondary chambers unless the combustion zone exhibits design measures for the retention of the gas stream in the chamber, t urbulence or mixing, and the availability of excess air as determined by engineering analysis. 215 NIGHT BURNING - Burning that occurs after sundown and before the following sunrise. 216 OPERATIONAL TEST PERIOD - A period of time (168 hours) during which the COMS is expected to operate within the established performance specifications without any unscheduled maintenance, repair or adjustment. 217 PATHOLOGICAL WASTE - Waste material that consists of only human or animal remains, anatomical parts and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). 218 RESIDENCE TIME - The average time that gases spend in a defined space, also known as bulk gas average residence time. SECTION 300 – STANDARDS 301 CONTROLS REQUIRED: No person owner or operator shall burn any combustible refuse in any incinerator, within Maricopa County or perform 313.7 metal s alvage o perations o r r emove materials utilizing a burn-off oven, or burn human or animal remains in a crematory except using the following air pollution control equipment: 301.1 Incinerators:: Incinerators shall consist of a multiple-chamber incinerator that shall operate at least at a minimum temperature of 1600°F in the secondary chamber or afterburner, with a residence time of at least 1 second in the secondary chamber or afterburner during the period of combustion in order to destruct the combustion products. 301.2 Burn-Off Ovens: Burn-off ovens shall consist of an oven with at least two chambers. The secondary compartment or afterburner shall operate at a minimum temperature of at least 1400°F with a residence time of at least 1/2 second during the period of combustion in order to destruct the combustion products. 301.3 Crematories: Crematories shall consist of an incinerator with at least two chambers. For an existing crematory, the secondary compartment or afterburner shall operate at a minimum temperature of at least 1400°F with a residence time of at least 1 second during the period of combustion in order to destruct the combustion products. For a new crematory, the secondary compartment or afterburner shall operate at a minimum temperature of at least 1600°F with a residence time of at least 1 second during the period of combustion in order to destruct the combustion products. The burner in the primary chamber shall not be ignited until the secondary chamber combustion zone temperature is equal to or greater than 800°F for existing crematories and 1000°F for new crematories. 301.4 Alternate Operating Conditions: If the manufacturer’s optimum design specifications for the minimum temperature or residence time of a secondary chamber or afterburner at existing crematories are 313.8 different than the temperatures or residence times set forth in Sections 301.1, 301.2 or 301.3 of this rule, the manufacturer’s specifications may be used instead, providing that the owner or operator demonstrates compliance according to the test methods listed in Section 504 of this rule. 301.5 Additional Operating Conditions for Cremating Large Bodies: Alternate operating temperatures and special procedures may be required for the cremating of large bodies (over 300 lbs.) that are different than the temperatures or residence times in the afterburner set forth in Sections 301.1, 301.2, 301.3. These alternate times and temperatures may be used, providing that the owner or operator demonstrates compliance with the test methods listed in Section 504 of this rule. 302 EMISSIONS STANDARD - OPACITY: Notwithstanding the provisions of Regulation III, Rule 300 (Visible Emissions), no person shall cause, suffer, or allow the emission into the atmosphere from any incinerator, burn-off oven, or crematory, for an aggregate of more than 30 seconds in any 60 minutes, any air contaminant that exceeds 20 percent opacity. 303 EMISSIONS STANDARD- PARTICULATES: N o p erson s hall cause, suffer, al low o r permit t he e mission into the at mosphere fr om an y incinerator, burn-off oven, crematory, particulate matter which exceeds 0.080 grain per cubic foot of dry flue gas at standard conditions adjusted to 7 percent oxygen (O2) in the exhaust gases and calculated as if no auxiliary fuel had been used. 304 NIGHT BURNING: If an owner or operator chooses to perform burning at night the following conditions shall be met: 313.9 304.1 No owner or operator of an incinerator, burn-off oven or crematory shall conduct burning after sundown and before sunrise unless a COMS is operating at all times during night burning. 304.2 The COMS shall be calibrated and maintained in accordance with EPA Performance Specification # 1 and shall be calibrated at least once per day if night burning is conducted. The COMS shall be located downstream from all particulate control equipment, where condensed water is not present, free of interference from ambient light (applicable only if transmissometer is responsive to ambient light) and accessible in order to permit routine maintenance in accordance with EPA Performance Specification #1. 304.3 No n ight b urning s hall b e c onducted u ntil t he o wner o r o perator insures t hat a p roperly t rained operator i s p resent at al l t imes. T he operator shall be trained in proper operation and maintenance of the COMS as well as shutdown procedures of the incinerator, crematory or burn-off oven. Therefore if the COMS registers opacity readings that are above the opacity limitations in Section 302 of this rule, then the operator has the authority and capability to shut down the operation 305 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT: Any person incinerating or otherwise processing particulate emissions pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and operation, devices that indicate temperatures, pressures, rates of flow, or other operating conditions necessary to determine if the air pollution control equipment is functioning properly and is properly maintained. Records shall be kept pursuant to Section 501 of this rule that demonstrate that air pollution control equipment meets the overall control standards required by Section 300 of this rule. If the air pollution control equipment consists of additional equipment other than an afterburner, such as a baghouse or 313.10 venturi scrubber, then an Operation and Maintenance Plan shall be submitted for approval to the Control Officer for each additional control system. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: An owner or operator subject to this rule shall meet all applicable provisions of this rule by September 22, 2005. In addition: 401.1 An owner or operator subject to this rule shall inform the Control Officer of the intention to use any additional equipment to control emissions other than an afterburner by March 22, 2005. 401.2 An owner or operator who plans to burn at night shall ensure that the C OMS i s i nstalled p roperly a ccording to d esign sp ecifications, calibrated, and operated for a conditioning period of at least 168 hours minimum and an operational test period of 168 hours before night burning is performed. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING: Recordkeeping requirements shall include the following types of information: 501.1 Incinerators: Daily records of the type of material to be incinerated, total weight charged, chamber temperatures (secondary chamber temperature at the time of the ignition of the primary chamber and the secondary chamber operating temperature) and dates and times of the day that the incinerator is operating. 313.11 501.2 Burn-Off Ovens: Daily records of the type of material to be burned, chamber temperatures (secondary chamber temperature at the time of the ignition of the primary chamber and the secondary compartment operating temperature) and dates and times of the day that the burn-off oven is operating. 501.3 Crematories: Daily records of the number of bodies cremated, chamber temperatures (secondary chamber temperature at the time of the ignition of the primary chamber and the secondary compartment operating temperature) and dates and times of the day that the crematory is operating. The owner or operator of an animal crematory shall account for either the weight of the animal charged or the number and type of remains charged. In addition, if a human or animal crematory burns a large body (over 300 lbs.), the approximate weight of the body and the operating conditions shall be noted. 501.4 Night Burning: If night burning is conducted, the owner or operator shall: a. Maintain a continuous record of opacity readings generated by the COMS. Records shall include all times that the meter is running properly. Records shall also indicate when the instrument is inoperative or has been adjusted or repaired. b. The date and time identifying each period during which the COMS was inoperative, except for zero and span checks, and the nature of system repair or adjustment shall be reported. The Control Officer may require proof of COMS performance whenever system repairs or adjustments, other than routine maintenance, have been made. 313.12 c. A file of all data collected by the COMS or as necessary to convert monitoring data to the units of the applicable standard. 501.5 Alternate Operating Conditions: An owner or operator shall keep records of alternate temperatures and residence times, as stated in Sections 301.4 and 301.5, if used. 502 COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 502.1 For determining total particulate matter, EPA Methods 1 through 5, or their EPA alternates approved by the Control Officer, shall be used. Both carbon dioxide and oxygen measurements shall be obtained simultaneously with each Method 5 run. 502.2 Determination o f visible e missions compliance shall be m ade b y a certified e missions observer o r by a c ontinuous e mission monitor which i s maintained and calibrated in accordance with EPA Performance Specification #1 (4 0 CFR, P art 60, Appendix B). The observer s hall be q ualified as a n expert visible e missions e valuator a nd so c ertified by the A rizona Department of Environmental Quality or by any other agency that is acceptable to the Control Officer. 313.13 BLANK PAGE 313.14 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 314 OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 AIR CURTAIN DESTRUCTOR 202 AREA A 203 DANGEROUS MATERIAL 204 DITCHBANK 205 EMISSION REDUCTION TECHNIQUES (ERTs) 206 FENCE ROW 207 FIREBOX 208 FLUE 209 OPEN OUTDOOR FIRE OR OPEN BURNING 210 ORCHARD HEATERS 211 PROHIBITED MATERIALS 212 PUBLIC OFFICER 213 RESTRICTED-BURN PERIOD 214 WOOD-BURNING CHIMINEAS SECTION 300 – STANDARDS 301 PROHIBITION – OPEN OUTDOOR FIRES 302 OPEN OUTDOOR FIRES REQUIRED TO OBTAIN A BURN PERMIT 303 OPEN OUTDOOR FIRES NOT REQUIRED TO OBTAIN A BURN PERMIT 304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR 305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES ALLOWED PER SECTIONS 302, 303 AND 304 306 PROHIBITION – BURNING IN INDOOR FIREPLACES 314.1 SECTION 400 – ADMINISTRATIVE REQUIREMENTS FOR BURN PERMITS AND BURN PLANS 401 FEES REQUIRED 402 BURN PERMIT APPLICATION 403 BURN PERMIT CONDITIONS 404 BURN PERMIT DENIAL 405 BURN PERMIT TERMS 406 BURN PLAN APPLICATION AND CONDITIONS SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 RECORDS RETENTION 503 PROGRAM REVIEW APPENDIX TO RULE 314 AIR CURTAIN DESTRUCTOR AND FIREBOX PROCEDURES 314.2 Revised 07/13/88 Revised 12/19/01 Revised 04/20/05 Revised 03/12/08 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 314 OPEN OUTDOOR FIRES AND INDOOR FIREPLACES AT COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS SECTION 100 – GENERAL 101 PURPOSE: To limit the emissions of air contaminants produced from open burning and from indoor fireplaces at commercial and institutional establishments. 102 APPLICABILITY: Rule 314 is applicable to any open outdoor fire and burning in indoor fireplaces at commercial and institutional establishments that is conducted within Maricopa County. SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 AIR CURTAIN DESTRUCTOR – A device designed to form a curtain of air over a firebox in which burning occurs that aids in more complete combustion through increases in turbulence and combustion time. Above ground air curtain destructors are the only type of air curtain destructor that are allowed in Maricopa County. 202 AREA A – As defined in Arizona Revised Statutes (A.R.S.) § 49-541(1), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East 314.3 203 DANGEROUS MATERIAL – Any substance or combination of substances that is capable of causing bodily harm or property loss unless neutralized, consumed, or otherwise disposed of in a controlled and safe manner. 204 DITCHBANK – A lateral area not to exceed two and one half feet on either side of a ditch. 205 EMISSION REDUCTION TECHNIQUES (ERTs) – Methods for controlling emissions from outdoor fires to minimize the amount of emissions output per unit of area burned. Types of ERTs include minimizing the material to be burned, preventing fire from spreading by lining the area and applying fire retardant foam or water, allowing the material to dry before burning, extinguishing the smoldering burns, burning in piles, and burning in the opposite direction of the wind. 206 FENCE ROW – A lateral area not to exceed two and one half feet on either side of the centerline of a fence. 207 FIREBOX – The chamber or compartment inside of an air curtain destructor wherein materials are burned. 208 FLUE – Any duct or passage for air or combustion gases, such as a stack or chimney. 209 OPEN OUTDOOR FIRE OR OPEN BURNING – Any combustion of any type of material outdoors, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential and prescribed burning. Purposes for fires can include prevention of a fire hazard, instruction in the methods of fighting fires, watershed rehabilitation, disease and pest prevention. 210 ORCHARD HEATERS – A device which helps prevent frost damage to fruit trees by heating. An orchard heater consists of a pipeline heater system operated from a central control from which fuel is distributed by a piping system from a centrally located tank. 211 PROHIBITED MATERIALS – Non-paper garbage from the processing, storage, service or consumption of food; books, magazines, fiberboard, packaging, rags, fabrics, office records, chemically treated or soaked wood; lead-painted wood; linoleum flooring, and composite counter tops; tires; animal wastes and carcasses, coal, liquid or gelatinous hydrocarbons tar, explosives or ammunition; oleanders, leaves, grass clippings, refuse; asphalt shingles or asphalt; tar paper; plastic and rubber products, including bottles for household chemicals; plastic grocery and retail bags; waste petroleum products, such as waste crankcase oil, transmission oil, and oil filters; transformer oils; asbestos; batteries; anti-freeze; aerosol spray cans; electrical wire insulation; thermal insulation; polyester products; hazardous waste products such as paints, pesticides, cleaners and solvents, stains and varnishes, and other flammable liquids; plastic pesticide bags and containers; and hazardous material containers including those that contained lead, cadmium, mercury and arsenic compounds. 314.4 212 PUBLIC OFFICER – Any elected or appointed officer of a public agency established by charter, ordinance, resolution, state constitution or statute, but excluding members of the legislature. 213 RESTRICTED-BURN PERIOD – A condition declared by the Control Officer whenever meteorological conditions are conducive to an accumulation of carbon monoxide (CO), ozone, and/or particulate matter in exceedance of the standards or when air quality reaches other limits established by the Control Officer or when there is increased fire danger. 214 WOOD-BURNING CHIMINEAS – Chimineas are burning devices made from clay, aluminum, and steel and are used for warmth and aesthetics outside in yards and patios. Chimineas are designed to burn solid fuels. SECTION 300 – STANDARDS 301 PROHIBITION – OPEN OUTDOOR FIRES: It shall be unlawful for any person to ignite, cause or permit to be ignited, allow, maintain any open outdoor fire within the limits of Maricopa County, except as provided in Sections 302, 303, 304, 305 and in the Appendix of this rule. 302 OPEN OUTDOOR FIRES REQUIRED TO OBTAIN A BURN PERMIT: The types of fires described in Sections 302.1 and 302.2 of this rule require a burn permit that is obtained from the Control Officer prior to initiating the burn. Even after the Control Officer issues the burn permit, the person conducting the fire shall call both the fire department and the Control Officer to obtain permission to burn for each day. The Control Officer shall base his decision to approve or deny permission to burn on National Weather Service forecasts or other meteorological analyses that are indicative of a Restricted-Burn Period. See Section 402 of this rule for additional requirements regarding burn permits. 302.1 Fires Prohibited During Restricted-Burn Periods in Maricopa County, but Allowed From May 1 through September 30 Each Year in Area A: a. Open outdoor fires that are declared necessary by the County Agricultural Agent, when such fires have been determined as essential for the purposes of disease and/or pest prevention and certified by actual investigations by the County Agricultural Agent. b. Open outdoor fires for the control of weeds for the prevention of fire hazards, when such fires are declared necessary by a public officer in the performance of his official duties. 314.5 c. Open outdoor fires for fire fighting training and fire fighting training areas and structures. See Section 303.2 (b) of this rule for an exemption to this requirement. d. Open outdoor fires for the burning of agricultural ditchbanks and fence rows where other reasonable mechanical, chemical, or other methods of removal are not available. In addition: (1) A high-temperature mechanical burner must be used to burn ditchbanks, canal laterals, and/or fence rows. (2) Burning ditchbanks and/or fence rows is not allowed during a restrictedburn period from October 1 through February 29, unless such fires are required in the performance of an official duty of any public office, or such fires are necessary to thwart or prevent a hazard that cannot be properly managed by any other means, or are necessary for the protection of public health. (3) An on-site inspection by the Control Officer must be conducted to verify that only vegetative materials will be burned. (4) After an initial on-site inspection by the Control Officer has been completed, a Burn Permit may be issued for the same location(s) without having to conduct additional initial on-site inspections. However, periodic unscheduled, on-site inspections may be conducted by the Control Officer on days when such burning has been authorized by the Burn Permit. e. Open outdoor fires declared necessary by the federal government or any of its departments, agencies, or agents, or the state or any of its agencies, departments, or subdivisions for the purpose of watershed rehabilitation or control through vegetative manipulation. 302.2 Fires Prohibited During Restricted-Burn Periods in Maricopa County and Also Prohibited from May 1 to September 30 Each Year in Area A: a. Open outdoor fires for the destruction of tumbleweeds for the prevention of fire hazards in cases where other reasonable methods are not available. (1) Tumbleweeds must be cut, piled, and dried before burning. (2) A high temperature mechanical burner may be used to burn undried tumbleweeds in situations where it is not feasible to allow natural drying. (3) A high temperature mechanical burner must be used to burn tumbleweeds growing along canal laterals and fence rows. 314.6 b. Open outdoor fires for the burning of indigenous scrub vegetation cleared for the purpose of agricultural operations in non-urban areas of low population where other reasonable methods are not available. (1) The Control Officer shall issue such Burn Permit only once per geographical location. (2) An on-site inspection must be conducted to determine removal of all other materials (e.g. wood, rubber, tires, dirt and metal) before the issuance of the Burn Permit. 303 OPEN OUTDOOR FIRES NOT REQUIRED TO OBTAIN A BURN PERMIT: The person conducting any type of fire listed in Section 303 of this rule does not need to obtain a burn permit. However, the person conducting the fire may be required to contact the Control Officer for permission to burn prior to igniting the fire when specified below in Subsections 303.1 through 303.3. 303.1 Fires Allowed at Any Time of the Year in Maricopa County or Area A: a. Cooking for immediate human consumption. b. Orchard heaters for frost protection in farming or nursery operations. c. Proper disposal of flags under 4 U.S.C.§ 8. d. The display of fireworks for recreational purposes or pyrotechnics for musical or cinematic/theatrical functions. 303.2 Fires Prohibited During Restricted-Burn Periods in Maricopa County: The person conducting any type of fire listed in Section 303.2 of this rule shall first call the County Air Quality Updates Hotline to hear the recorded message or check local government web sites to determine whether a Restricted-Burn Period has been declared each day. If that is the case, then open outdoor burning is prohibited. a. Fire extinguisher training. This exemption from needing a burn permit applies only when the training is limited to using a small amount of flammable liquid and a small container (i.e. a wastepaper basket or a flat pan). b. Fire fighting training, training areas and training structures are exempt from needing a permit if the sole source of flame is a burner fueled by either liquefied petroleum gas or natural gas, with a British Thermal Unit (BTU) input per hour rating of less than 2,000,000 BTUs. c. Testing potentially explosive-containing, flammable, or combustible products (e.g., automotive airbags, rocket motors, gas generators, and vehicular 314.7 assemblies) in accordance with Department of Transportation (DOT) or Department of Defense guidelines. This exemption from needing a burn permit refers to testing of hazard classification, packaging performance, propagation, and/or mass fire, but only when testing area is controlled, is relatively small, and when testing is not considered to be nor is associated with the disposal of dangerous material. d. Testing potentially explosive-containing products for commercial, military, and law enforcement uses. This exemption from needing a burn permit applies only when the testing is controlled, relatively small and not considered to be nor is associated with the disposal of dangerous material. e. Disposal of dangerous material must be conducted in compliance with the Arizona Department of Environmental Quality's (ADEQ's) regulations. 303.3 Fires Prohibited During Restricted-Burn Periods in Maricopa County and Also Prohibited from May 1 Through September 30 Each Year in Area A: The person conducting any type of fire listed in Section 303.3 of this rule shall first call the County Air Quality Updates Hotline to hear the recorded message or check local government web sites to determine whether a restricted-burn period has been declared. If that is the case, then open outdoor burning is prohibited. a. Warmth for human beings. b. Recreational purposes. c. Wood-burning chimineas and outdoor pits. d. Branding of animals. 304 OPEN OUTDOOR FIRES IN AN AIR CURTAIN DESTRUCTOR: Prior to conducting an open outdoor fire in an air curtain destructor shall obtain a Title V permit from ADEQ and a site-specific Burn Plan approved by the Control Officer. See the Appendix to Rule 314 for further requirements for the use of air curtain destructors. See Section 406 of this rule for Burn Plan Applications and Conditions. 305 ADDITIONAL REQUIREMENTS FOR OPEN OUTDOOR FIRES ALLOWED PER SECTIONS 302, 303, AND 304: 305.1 Prohibited materials cannot be burned in open outdoor fires except as provided in Sections 303.2(a), 303.2(b), 303.2(c), 303.2(d) and 303.2(e). 305.2 Open outdoor fires cannot be conducted before the hour of 10 a.m. and after 5 p.m. from October 1 to March 31 and before the hour of 6 a.m. and after 6 p.m. from April 1 to September 30 except as provided in Sections 302.1(c), 303.2(b), and 303.3. 314.8 305.3 Open outdoor fires cannot be conducted during any weekends or holidays except as provided in Sections 302.1(c), 303.1, 303.2(b), and 303.3. 305.4 Fire extinguishing equipment shall be available at all times during open outdoor fires. 305.5 An attendant shall be present at all times during open outdoor fires for the duration of the burn. 305.6 Open outdoor fires shall never be initiated with items that cause the production of black smoke. 305.7 An air curtain destructor must be used for the burning of certain vegetative materials greater than 6 inches in diameter and an on-site inspection must be conducted before burning. 306 PROHIBITION – BURNING IN INDOOR FIREPLACES: Burning in indoor fireplaces that use any fuels other than gaseous fuels, including gas logs, at commercial and institutional establishments is prohibited during Restricted-Burn Periods in Maricopa County. The owner or operator of a commercial or institutional fireplace shall first call the County Air Quality Updates Hotline to hear the recorded message or check local government web sites to determine whether a Restricted-Burn Period has been declared. If that is the case, then burning is prohibited except if using gaseous fuels. SECTION 400 – ADMINISTRATIVE REQUIREMENTS FOR BURN PERMITS AND BURN PLANS 401 FEES REQUIRED: A fee shall be charged for a Burn Permit or the approval of each site specific Air Curtain Destructor Burn Plan as set forth in Rule 280 (Fees) of these rules. 402 BURN PERMIT APPLICATION: A person shall file with the Control Officer, on a form prescribed by the Control Officer, a Burn Permit application and the complete application fee as described in Rule 280 (Fees) of these rules. The Control Officer shall act on a Burn Permit application and shall notify the applicant within 14 calendar days of the filing of the completed application. 402.1 A separate Burn Permit application is required for each burn site location not contiguous to the location on the original Burn Permit application. 402.2 The Control Officer shall conduct an on-site inspection before issuing the Burn Permit. 314.9 402.3 The issuance of a Burn Permit does not relieve the permittee from any of the requirements of a fire department having jurisdiction, including but not limited to having the Burn Permit validated by such fire department. 402.4 Permission given by a Public Officer for setting any fire given by a public officer in the performance of official duty under Sections 300 through 304 of this rule shall be given in writing and a copy of the written permission shall be transmitted immediately to the Control Officer. The setting of any such fire shall be conducted in a manner and at such times as approved by the Control Officer, unless doing so would defeat the purpose of this exemption. 402.5 If a person has obtained a Title V Permit, a Non-Title V Permit, or a General Permit under Regulation II (Permits and Fees) of these rules that includes condition(s) regarding open outdoor fires, then such person shall not be required to obtain a separate Burn Permit from the Control Officer. An owner or operator of an air curtain destructor that has obtained a Title V permit from the ADEQ shall submit a burn plan for each burn site location to the Control Officer as described in the Appendix to Rule 314. 403 BURN PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are necessary to ensure compliance with Federal laws, State laws, or these rules. Burn Permit condition(s) may include, but are not limited to, burning hours, notification of intent to burn, and Burn Permit posting. 404 BURN PERMIT DENIAL: The Control Officer shall deny a Burn Permit application if the material or operations do not meet the criteria described in this rule. 405 BURN PERMIT TERMS: A Burn Permit shall be issued for the following terms: • • • • • 406 Disease/Pest Prevention: 30 days from date of issuance Fire Hazard: 30 days from date of issuance Tumbleweeds: 30 days from date of issuance Ditchbank/Fence Row: 1 year from date of issuance Fire Fighting Training/Structures: 1 year from date of issuance BURN PLAN APPLICATION AND CONDITIONS: In order to use an air curtain destructor, a person shall file with the Control Officer, on a form prescribed by the Control Officer, a Burn Plan application and the complete application fee as described in Rule 280 (Fees) of these rules. The Control Officer shall act on a Burn Plan application and shall notify the applicant within 14 calendar days of the filing of the completed application. 406.1 A separate, site-specific Burn Plan application is required for each burn site location not contiguous to the location. 314.10 406.2 A Burn Plan Application shall be site-specific and shall list the following, at a minimum: a. Notification of intent to burn; b. The anticipated dates and hours of the burn; c. The type and quantity of fuel that will be used; d. The type of material burned; e. The legal location, to the nearest township, range and section or latitude and longitude, to the nearest degree minute, street address, or parcel number; f. The Burn Plan posting; and g. The listing of the air curtain destructor's requirements as outlined in Section A of the Appendix to this rule. 406.3 The Control Officer shall conduct an on-site inspection before approving the Burn Plan Application. 406.4 The issuance of a Burn Plan does not relieve the permittee from any of the requirements of a fire department having jurisdiction, including but not limited to having the Burn Plan validated by such fire department. 406.5 The Control Officer may impose any conditions that are necessary to ensure compliance with Federal laws, State laws, or these rules. 406.6 The Control Officer shall deny a Burn Plan application if the material or operations do not meet the criteria described in this rule. SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: 501.1 The following information shall be provided to the Control Officer for each time that open burning occurs for persons and operations subject to Sections 302, 304 and Sections 303.2 (c), (d) and (e). This information shall be provided on a daily basis either by writing, fax, or electronically and shall include: • • • The date of the burn; and The type and quantity of fuel burned for each date open outdoor burning occurs; and The fire type such as a pile or windrow for each date that open outdoor burning occurs; and 314.11 • 502 The legal location, to the nearest township, range and section, or latitude and longitude, to the nearest degree minute, street address, or parcel number. RECORDS RETENTION: 502.1 Maricopa County shall retain permits issued for open burning available for inspection by the ADEQ for five years. 502.2 For each permit issued, Maricopa County shall have a means of contacting the person authorized by the permit to set an open fire, if an order to extinguish open burning is issued by either the County or ADEQ. Therefore the permit application must contain the name of a contact person and shall list a means of contacting that person. 503 PROGRAM REVIEW: 503.1 Maricopa County shall hold or attend a public meeting annually for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques. 503.2 Maricopa County shall annually submit to the ADEQ a record of daily burn activity by May 15 of each calendar year. 314.12 APPENDIX TO RULE 314 AIR CURTAIN DESTRUCTOR AND FIREBOX PROCEDURES A. B. Air Curtain Destructor Requirements: The following must be complied with prior to approval of an air curtain destructor by the Control Officer: 1. The length of the firebox must not exceed the length of the plenum. 2. The firebox shall be lined with refractory materials. 3. The depth of the firebox shall be of such a distance to allow all burning material to be below the curtain of air created by the air curtain destructor. 4. The width of the firebox shall not extend beyond the length of the nozzle action. 5. The firebox must have 4 stable, vertical sides. 6. When air curtain destructor locations are changed, an inspection of the newly located air curtain destructor must be made by the Control Officer prior to burning. Equipment Set-Up: 1. An owner or operator of an air curtain destructor shall use a firebox and not a pit or trench to conduct open outdoor burning. 2. The equipment must be positioned so as to allow the blower’s airflow to strike at a downward angle no less than 24 inches below the opposite rim of the firebox. 3. There shall be at least 1,000 feet between any two air curtain destructors. 4. An air curtain destructor shall be located at least 500 feet from any residence or building structure. 5. An air curtain destructor shall be located at least 500 feet from any pipeline or fuel storage area. 6. An air curtain destructor shall be located at least 250 feet from any power lines. 7. Material that is not being worked or is being stockpiled to be burned at a later date by using an air curtain destructor shall be kept at least 75 feet from the air curtain destructor while the burn is taking place. 314.13 C. D. Operation of Blower: 1. The proper blower speed must be maintained according to manufacturer's specifications. 2. The blower must be operating when and as long as any material in the firebox is burning. Loading of the Firebox: 1. When loading (feeding) the firebox, the material must not extend above the air curtain (blower airflow). 2. The loading of materials into the firebox must be discontinued at a minimum of 2 hours prior to the end of the designated burning hours. The blower must continue to operate until the end of the burning hours or until combustion is completed. 3. Adequate measures must be taken to assure that no emissions emanate from materials left in the firebox (i.e., when combustion is completed). All materials left in the firebox must be extinguished with water or covered over with a minimum of 1 foot of mineral soil. E. Firebox Clean-Out: All materials removed from the firebox must be completely extinguished and all reasonable precautions taken to control emissions. F. Burning Hours for Air Curtain Destructors: The following burning hours apply: • • April – September 6 a.m. – 6 p.m. October – March 10 a.m. – 5 p.m. While complying with the above schedule, the permittee must also obtain permission from the Control Officer on each day of burning. Burning using an air curtain destructor is not authorized on weekends nor on holidays. Prohibited materials shall never be burned in an air curtain destructor. 314.14 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 315 SPRAY COATING OPERATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS (NOT INCLUDED) SECTION 300 - STANDARDS 301 CONTROLS REQUIRED 302 EXEMPTIONS SECTION 400 - MONITORING AND RECORDS (NOT INCLUDED) SECTION 500 - TEST METHODS 501 TEST METHODS ADOPTED BY REFERENCE 315.1 BLANK PAGE 315.2 Revised 07/13/88 Revised 08/19/98 Revised 11/17/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 315 SPRAY COATING OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of particulate matter to the atmosphere from spray coating operations. SECTION 200 – DEFINITIONS (NOT INCLUDED) SECTION 300 – STANDARDS 301 CONTROLS REQUIRED: No person shall use or operate any spray painting or spray coating equipment unless one of the following conditions is met: 301.1 Equipment Operated In Enclosures Located Outside a Building: Spray coating equipment shall be operated inside an enclosure which has at least three sides a minimum of eight feet in height and able to contain any object or objects being coated. a. Three-Sided Enclosures: Spray shall be directed in a horizontal or downward pointing manner so that overspray is directed at the walls or floor of the enclosure. No spraying shall be conducted within three feet of any open end and/or within two feet of the top of the enclosure. b. More Complete Enclosures: For enclosures with three sides and a roof or complete enclosures, spray shall be directed into the enclosure so that the overspray is directed away from any opening in the enclosure. No spraying shall be conducted within three feet of any open end and/or within two feet of any open top of the enclosure. 301.2 Equipment Operated With Forced Air Exhaust Vented Directly Outside: Any spray booth or enclosure with forced air exhaust must have a filtering system with an average overspray removal efficiency of at least 92% by weight for the type of material being sprayed. No gaps, sags or holes shall be present in the filters and all exhaust must be discharged into the atmosphere. Spray Booths or enclosures utilizing a water curtain, waterfall 315.3 or other means to capture particulates in a liquid medium shall effectively remove at least 92% of the overspray and be operated in a manner consistent with the manufacturer’s specifications to achieve such efficiency for the type of material being sprayed. 302 EXEMPTIONS: The controls required in Section 301 of this rule shall not apply: 302.1 To the spray coating of buildings or dwellings, including appurtenances and any other ornamental objects that are not normally removed prior to coating 302.2 To the spray coating of facility equipment or structures which are fixed in a permanent location and cannot easily be moved into an enclosure or spray booth and which are not normally dismantled or moved prior to coating. 302.3 To the spray coating of objects which cannot fit inside of an enclosure with internal dimensions of 10’W X 25’L X 8’H. 302.4 To enclosures and spray booths and exhausts located entirely in a completely enclosed building, providing that any vents or openings do not allow overspray to be emitted into the outside air. 302.5 To any coating operations utilizing only hand-held aerosol cans. SECTION 400 – MONITORING AND RECORDS (NOT INCLUDED) SECTION 500 – TEST METHODS 501 TEST METHODS ADOPTED BY REFERENCE: Determination of filter efficiency shall be determined by either ASHRAE Standard 52-76 (publication date of May 1976) or by Test Method 319 (40 CFR 63, Appendix A, publication date of July 1, 1999). These methods are adopted by reference. This adoption by reference includes no future editions or amendments. Copies of the test methods referenced in this section are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Suite 201, Phoenix, Arizona 85004-1942. 315.4 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 316 NONMETALLIC MINERAL PROCESSING INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 AFFECTED OPERATION 202 AGGREGATE TRUCK 203 APPROVED EMISSION CONTROL SYSTEM 204 AREA ACCESSIBLE TO THE PUBLIC 205 ASPHALTIC CONCRETE PLANT/ASPHALT PLANT 206 BAGGING OPERATION 207 BATCH TRUCK 208 BELT CONVEYOR 209 BERMS AND GUARD RAILS 210 BULK MATERIAL 211 COHESIVE HARD SURFACE 212 CONCRETE PLANT 213 CONVEYING SYSTEM 214 CRUSHER 215 DISTURBED SURFACE AREA 216 DRY MIX CONCRETE PLANT 217 DUST-GENERATING OPERATION 218 DUST SUPPRESSANT 219 ENCLOSED TRUCK OR RAILCAR LOADING STATION 220 END OF WORK DAY 221 FABRIC FILTER BAGHOUSE 222 FREEBOARD 223 FUGITIVE DUST CONTROL MEASURE 316.1 224 FUGITIVE DUST CONTROL TECHNICIAN 225 FUGITIVE DUST EMISSION 226 GRINDING MILL 227 HAUL/ACCESS ROAD 228 HAUL TRUCK 229 INFREQUENT OPERATIONS 230 MATERIAL DELIVERY TRUCK 231 MIXER TRUCK 232 MOTOR VEHICLE 233 NEW FACILITY 234 NONMETALLIC MINERAL 235 NONMETALLIC MINERAL PROCESSING PLANT 236 OPEN STORAGE PILE 237 OVERBURDEN OPERATION 238 PARTICULATE MATTER EMISSIONS 239 PAVE 240 PERMANENT AREAS OF A FACILITY 241 PORTLAND CEMENT PLANT 242 PRESSURE CONTROL SYSTEM 243 PROCESS 244 PROCESS SOURCE 245 PRODUCTION WORK SHIFT 246 PUBLIC ROADWAYS 247 RETURNED PRODUCTS 248 RUMBLE GRATE 249 SCREENING OPERATION 250 SILO 251 SILT 252 SPILLAGE 253 STACK EMISSIONS 254 STAGING AREA 255 TEMPORARY FACILITY 256 TRACKOUT 316.2 257 TRACKOUT CONTROL DEVICE 258 TRANSFER POINT 259 TRUCK DUMPING 260 TRUCK WASHER 261 UNPAVED ROAD 262 VENT 263 WHEEL WASHER 264 WIND EVENT SECTION 300 – STANDARDS 301 CRUSHING AND SCREENING – PROCESS EMISSION LIMITATIONS AND CONTROLS 302 ASPHALTIC CONCRETE PLANTS – PROCESS EMISSION LIMITATIONS AND CONTROLS 303 RAW MATERIAL STORAGE AND DISTRIBUTION, CONCRETE PLANTS, AND/OR BAGGING OPERATIONS – PROCESS EMISSION LIMITATIONS AND CONTROLS 304 OTHER ASSOCIATED OPERATIONS 305 AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS) 306 FUGITIVE DUST EMISSION LIMITATIONS 307 FUGITIVE DUST CONTROL MEASURES 308 FACILITY INFORMATION SIGN 309 FUGITIVE DUST CONTROL TECHNICIAN 310 BASIC DUST CONTROL TRAINING CLASS 311 DUST CONTROL PLAN 312 GENERAL REQUIREMENTS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 – MONITORING AND RECORDS 501 MONITORING, RECORDKEEPING AND REPORTING 316.3 502 COMPLIANCE DETERMINATION FOR PROCESS EMISSIONS AND CONTROLS 503 COMPLIANCE DETERMINATION FOR EMISSIONS AND CONTROLS THAT ARE REGULATED BY SECTION 304 AND/OR SECTION 306 OF THIS RULE 504 COMPLIANCE DETERMINATION FOR SOIL MOISTURE CONTENT AND SOIL COMPACTION CHARACTERISTICS TEST METHODS ADOPTED BY REFERENCE 505 COMPLIANCE DETERMINATION FOR STABILIZATION STANDARDS TEST METHODS ADOPTED BY REFERENCE 506 CERTIFIED STREET SWEEPERS EQUIPMENT LIST ADOPTED BY REFERENCE 316.4 Adopted 07/06/93 Revised 04/21/99 Revised 06/08/05 Revised 03/12/08 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 316 NONMETALLIC MINERAL PROCESSING SECTION 100 – GENERAL 101 PURPOSE: To limit the emission of particulate matter into the ambient air from any nonmetallic mineral processing plant and/or rock product processing plant. 102 APPLICABILITY: The provisions of this rule shall apply to any commercial and/or industrial nonmetallic mineral processing plant and/or rock product processing plant. Compliance with the provisions of this rule shall not relieve any person subject to the requirements of this rule from complying with any other federally enforceable New Source Performance Standards. In such case, the more stringent standard shall apply. SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 AFFECTED OPERATION – An operation that processes nonmetallic minerals or that is related to such processing and process sources including, but not limited to: excavating, crushers, grinding mills, screening equipment, conveying systems, elevators, transfer points, bagging operations, storage bins, enclosed truck and railcar loading stations, and truck dumping. 202 AGGREGATE TRUCK – Any truck with an open top used to transport the products of nonmetallic mineral processing plants and/or rock product processing plants. 203 APPROVED EMISSION CONTROL SYSTEM – A system for reducing particulate emissions, consisting of collection and/or control devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. 204 AREA ACCESSIBLE TO THE PUBLIC – Any retail parking lot or public roadway that is open to public travel primarily for the purposes unrelated to the dust-generating operation. 316.5 205 ASPHALTIC CONCRETE PLANT/ASPHALT PLANT – Any facility used to manufacture asphaltic concrete by mixing graded aggregate and asphaltic cements. 206 BAGGING OPERATION – The mechanical process by which bags are filled with nonmetallic minerals. 207 BATCH TRUCK – Any truck that loads and transports products produced by batch. 208 BELT CONVEYOR – A conveying device that transports material from one location to another by means of an endless belt that is carried on a series of idlers and routed around a pulley at each end. 209 BERMS AND GUARD RAILS – A pile or mound of material along an elevated roadway capable of moderating or limiting the force of a vehicle in order to impede the vehicle's passage over the bank of the roadway. 210 BULK MATERIAL – Any material including, but not limited to: earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than two inches in length or diameter (i.e., aggregate base course (ABC), dirt, mud, demolition debris, cotton, trash, cinders, pumice, saw dust, feeds, grains, fertilizers, fluff (from shredders), and dry concrete,) that is capable of producing fugitive dust. 211 COHESIVE HARD SURFACE – Any material including, but not limited to: pavement, recycled asphalt mixed with a binder, or a dust suppressant other than water applied and maintained as a roadway surface. 212 CONCRETE PLANT – Any facility used to manufacture concrete by mixing water, aggregate, and cement. 213 CONVEYING SYSTEM – A device for transporting materials from one piece of equipment or location to another location within a facility. Conveying systems include, but are not limited to: feeders, belt conveyers, bucket elevators and pressure control systems. 214 CRUSHER – A machine used to crush any nonmetallic minerals including, but not limited to, the following types: jaw, gyratory, cone, roll, rod mill, hammermill, and impactor. 215 DISTURBED SURFACE AREA – A portion of the earth's surface (or material placed thereupon) which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby increasing the potential for the emission of fugitive dust. 216 DRY MIX CONCRETE PLANT – Any facility used to manufacture a mixture of aggregate and cements without the addition of water. 316.6 217 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, or any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes. 218 DUST SUPPRESSANT – Water, hygroscopic material, solution of water and chemical surfactant, foam, non-toxic chemical stabilizer, or any other dust palliative, which is not prohibited for ground surface application by the EPA or the Arizona Department of Environmental Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions. 219 ENCLOSED TRUCK OR RAILCAR LOADING STATION – That portion of a nonmetallic mineral processing plant where nonmetallic minerals are loaded by an enclosed conveying system into enclosed trucks or railcars. 220 END OF WORK DAY – The end of a working period that may include one or more work shifts. If working 24 hours a day, the end of a working period shall be considered no later than 8 pm. 221 FABRIC FILTER BAGHOUSE – Tube-shaped filter bags - long small-diameter fabric tubes referred to as "bags" arranged in parallel flow paths and designed to separate particles and flue gas. 222 FREEBOARD – The vertical distance between the top edge of a cargo container area and the highest point at which the bulk material contacts the sides, front, and back of a cargo container area. 223 FUGITIVE DUST CONTROL MEASURE – A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. 224 FUGITIVE DUST CONTROL TECHNICIAN – A person with the authority to expeditiously employ sufficient fugitive dust control measures to ensure compliance with Rule 316 of these rules at an active operation. 225 FUGITIVE DUST EMISSION – Particulate matter not collected by a capture system that is entrained in the ambient air and is caused from human and/or natural activities. 226 GRINDING MILL – A machine used for the wet or dry fine crushing of any nonmetallic mineral. Grinding mills include, but are not limited to, the following types: 316.7 hammer, roller, rod, pebble and ball, and fluid energy. The grinding mill includes the air conveying system, air separator, or air classifier, where such systems are used. 227 HAUL/ACCESS ROAD – Any on-site unpaved road that is used by haul trucks to carry materials from the quarry or pit to different locations within the facility. For the purpose of this definition, haul/access roads are not in permanent areas of a facility. 228 HAUL TRUCK – Any fully or partially open-bodied self-propelled vehicle including any non-motorized attachments, such as but not limited to: trailers or other conveyances that are connected to or propelled by the actual motorized portion of the vehicle used for transporting bulk materials. 229 INFREQUENT OPERATIONS – Operations that have state mine identification, approved reclamation plans and bonding as required by State Mining and Reclamation Act of 1975, and only operate on an average of 52 days per year over the past three years from June 8, 2005. 230 MATERIAL DELIVERY TRUCK – Any truck that loads and transports product to customers. 231 MIXER TRUCK – Any truck that mixes cement and other ingredients in a drum to produce concrete. 232 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as but not limited to: trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle. 233 NEW FACILITY – A facility subject to this rule that has not been operated by such facility prior to June 8, 2005. 234 NONMETALLIC MINERAL – Any of the following minerals or any mixture of which the majority is any of the following minerals: 234.1 234.2 234.3 234.4 234.5 234.6 234.7 Crushed and broken stone, including limestone, dolomite, granite, rhyolite, traprock, sandstone, quartz, quartzite, marl, marble, slate, shale, oil shale, and shell. Sand and gravel. Clay including kaolin, fireclay, bentonite, fuller's earth, ball clay, and common clay. Rock salt. Gypsum. Sodium compounds including sodium carbonate, sodium chloride, and sodium sulfate. Pumice. 316.8 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 Gilsonite. Talc and pyrophyllite. Boron including borax, kernite, and colemanite. Barite. Fluorspar. Feldspar. Diatomite. Perlite. Vermiculite. Mica. Kyanite including andalusite, sillimanite, topaz, and dumortierite. Coal. 235 NONMETALLIC MINERAL PROCESSING PLANT – Any facility utilizing any combination of equipment or machinery that is used to mine, excavate, separate, combine, crush, or grind any nonmetallic mineral including, but not limited to: lime plants, coal fired power plants, steel mills, asphalt plants, concrete plants, Portland cement plants, raw material storage and distribution, and sand and gravel plants. Rock Product Processing Plants are included in this definition. 236 OPEN STORAGE PILE – Any accumulation of bulk material with a 5% or greater silt content that has a total surface area of 150 square feet or more and that at any one point attains a height of three feet. Silt content shall be assumed to be 5% or greater unless a person can show, by testing in accordance with ASTM Method C136-06 or other equivalent method approved in writing by the Control Officer and the Administrator, that the silt content is less than 5%. For the purpose of this rule, the definition of open storage pile does not include berms and guard rails that are installed to comply with 30 Code of Federal Regulations (CFR) 56.93000. 237 OVERBURDEN OPERATION – An operation that removes and/or strips soil, rock, or other materials that lie above a natural nonmetallic mineral deposit and/or in-between a natural nonmetallic mineral deposit. 238 PARTICULATE MATTER EMISSIONS – Any and all finely divided solid or liquid materials other than uncombined water released to the ambient air as measured by the applicable state and federal test methods. 239 PAVE – To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, rubberized asphalt, or recycled asphalt mixed with a binder). 240 PERMANENT AREAS OF A FACILITY – Areas that remain in-place for 180 days or more in 12 consecutive months. Permanent areas of a facility include the following areas: entrances, exits, parking areas, office areas, warehouse areas, maintenance areas (not including maintenance areas that are in the quarry or pit), concrete plant areas, asphaltic plant areas, and roads leading to and from such areas. 316.9 241 PORTLAND CEMENT PLANT – Any facility that manufactures Portland Cement using either a wet or dry process. 242 PRESSURE CONTROL SYSTEM – System in which loads are moved in the proper sequence, at the correct time, and at the desired speed through use of valves that control the direction of air flow, regulate actuator speed, and respond to changes in air pressure. 243 PROCESS – One or more operations including those using equipment and technology in the production of goods or services or the control of by-products or waste. 244 PROCESS SOURCE – The last operation of a process or a distinctly separate process which produces an air contaminant and which is not a pollution abatement operation. 245 PRODUCTION WORK SHIFT – An eight-hour operating period based on the 24-hour operating schedule. 246 PUBLIC ROADWAYS – Any roadways that are open to public travel. 247 RETURNED PRODUCTS – Left-over concrete or asphalt products that were not used at a job site and were returned to the facility. 248 RUMBLE GRATE – A system where the vehicle is vibrated while traveling over grates with the purpose of removing dust and other debris. 249 SCREENING OPERATION – A device that separates material according to its size by passing undersize material through one or more mesh surfaces (screens) in series and retaining oversize material on the mesh surfaces (screens). 250 SILO – An elevated storage container with or without a top that releases material thru the bottom. 251 SILT – Any aggregate material with a particle size less than 75 micrometers in diameter, which passes through a No. 200 sieve. 252 SPILLAGE – Any quantity of nonmetallic minerals/materials that spill while being processed or after having been processed by an affected operation, where such spilled nonmetallic minerals/materials can generate or cause fugitive dust emissions. 253 STACK EMISSIONS – The particulate matter emissions that are released to the atmosphere from a capture system through a building vent, stack or other point source discharge. 254 STAGING AREA – A place where aggregate trucks and mixer trucks temporarily queue for their loading or unloading. 316.10 255 TEMPORARY FACILITY – A facility that occupies a designated site for not more than 180 days in a calendar year. 256 TRACKOUT – Any and all bulk materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited onto a paved area accessible to the public. 257 TRACKOUT CONTROL DEVICE – A gravel pad, grizzly, wheel washer, rumble grate, paved area, truck washer, or other equivalent trackout control device located at the point of intersection of an unpaved area and a paved area accessible to the public that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of aggregate trucks, haul trucks, and/or motor vehicles that traverse a facility. 258 TRANSFER POINT – A point in a conveying operation where nonmetallic mineral is transferred from or to a belt conveyor except for transfer to a stockpile. 259 TRUCK DUMPING – The unloading of nonmetallic minerals from movable vehicles designed to transport nonmetallic minerals from one location to another. Movable vehicles include, but are not limited to: trucks, front end loaders, skip hoists, and railcars. 260 TRUCK WASHER – A system that is used to wash the entire surface and the tires of a truck. 261 UNPAVED ROAD – Any roads, equipment paths, or travel ways that are not covered by typical roadway materials. Public unpaved roads are any unpaved roadway owned by federal, state, county, municipal, or governmental or quasigovernmental agencies. Private unpaved roads are all other unpaved roadways not defined as public. 262 VENT – An opening through which there is mechanically or naturally induced air flow for the purpose of exhausting air carrying particulate matter. 263 WHEEL WASHER – A system that is capable of washing the entire circumference of each wheel of the vehicle. 264 WIND EVENT – When the 60-minute average wind speed is greater than 25 miles per hour. SECTION 300 – STANDARDS 301 CRUSHING AND SCREENING – PROCESS EMISSION LIMITATIONS AND CONTROLS: 301.1 Process Emission Limitations: The owner and/or operator shall not discharge or cause or allow to be discharged into the ambient air: 316.11 a. Stack emissions exceeding 7% opacity and containing more than 0.02 grains/dry standard cubic foot (gr/dscf) (50 mg/dscm) of particulate matter. b. Fugitive dust emissions exceeding 7% opacity from any transfer point on a conveying system. c. Fugitive dust emissions exceeding 15% opacity from any crusher. d. Fugitive dust emissions exceeding 10% opacity from any affected operation or process source, excluding truck dumping. e. Fugitive dust emissions exceeding 20% opacity from truck dumping directly into any screening operation, feed hopper, or crusher. Opacity observations to determine compliance with this section of this rule shall be conducted in accordance with the techniques specified in Appendix C-Fugitive Dust Test Methods of these rules. 301.2 Controls: The owner and/or operator shall implement process controls described in Section 301.2(a), Section 301.2(b), and Section 301.2(c) of this rule or shall implement process controls described in Section 301.2(a) and Section 301.2(d) of this rule: a. Enclose sides of all shaker screens. b. Permanently mount watering systems (e.g., spray bars or an equivalent control) on the points listed below for crushers, shaker screens, and material transfer points. (1) Inlet and outlet of all crushers; (2) Outlet of all shaker screens; and (3) Outlet of all material transfer points, excluding wet plants. c. Operate watering systems (e.g., spray bars or an equivalent control) on the points listed in Section 301.2(b) of this rule for crushers, shaker screens, and material transfer points, excluding wet plants, to continuously maintain a 4% minimum moisture content. (1) The watering systems shall be maintained in good operating condition, as verified by daily inspections. (2) The owner and/or operator shall investigate and correct any problems before continuing and/or resuming operations. 316.12 (3) The owner and/or operator shall conduct soil moisture tests as follows: (a) If the owner and/or operator is required to have in place a Fugitive Dust Control Technician according to Section 309 of this rule, then soil moisture tests shall be conducted twice daily in accordance with the test methods described in Section 502 of this rule. (b) If the owner and/or operator is not required to have in place a Fugitive Dust Control Technician according to Section 309 of this rule, then soil moisture tests shall be conducted daily in accordance with the test methods described in Section 502 of this rule. (c) If the owner and/or operator demonstrates that the 4% minimum moisture content is maintained for a minimum of four weeks, then soil moisture tests may be conducted weekly in accordance with the test methods described in Section 502 of this rule. (d) If the owner and/or operator fails to comply with the opacity limitations described in Section 301.1, Section 306.1, or Section 306.2 of this rule and/or if two consecutive soil moisture tests are below 4%, then the owner and/or operator shall conduct soil moisture tests in accordance with Section 301.2(c)(3)(a) or Section 301.2(c)(3)(b) of this rule, as applicable. (e) If the owner and/or operator of a facility complies with both of the following requirements, then the number of sampling points identified in Section 502.3(c)(1) through (3) of this rule may be reduced: (i) A soil moisture test is conducted in accordance with the test methods described in Section 502 of this rule at the primary crusher, which indicates that at least a 5% minimum moisture content is maintained; and (ii) A demonstration that complies with Section 502.3(d) of this rule is submitted to and approved by the Control Officer and is complied with in accordance with Section 502.3(d) of this rule. (4) The owner and/or operator may request in a permit application, with explanation, an alternative plan that justifies a minimum moisture content other than 4% and that justifies conducting fewer soil moisture tests as are required. In the request, the owner and/or operator shall submit to the Control Officer documentation regarding a minimum moisture content other than 4%, including, but not limited to: economics, emissions rates, water availability, and technical feasibility. In addition, the owner and/or operator shall demonstrate that the proposed alternative compliance demonstration plan will be equivalent in determining compliance with the 316.13 soil moisture content requirements. Prior approval from the Control Officer and the Administrator shall be received before implementing the plan. d. Enclose and exhaust the regulated process to a properly sized fabric filter baghouse. 302 ASPHALTIC CONCRETE PLANTS – PROCESS EMISSION LIMITATIONS AND CONTROLS: 302.1 Process Emission Limitations: The owner and/or operator shall not discharge or cause or allow to be discharged into the ambient air: a. For non-rubberized asphaltic concrete plants, stack emissions exceeding 5% opacity and containing more than 0.04 gr/dscf (90 mg mg/dscm) of particulate matter. b. For rubberized asphaltic concrete plants (when producing rubberized asphalt only), stack emissions exceeding 20% opacity and containing more than 0.04 gr/dscf (90 mg/dscm) of particulate matter. c. Fugitive dust emissions exceeding 10% opacity from any affected operation or process source, excluding truck dumping. 302.2 Controls: The owner and/or operator shall, from all drum dryers, control and vent exhaust to a properly sized fabric filter baghouse. 303 RAW MATERIAL STORAGE AND DISTRIBUTION, CONCRETE PLANTS, AND/OR BAGGING OPERATIONS – PROCESS EMISSION LIMITATIONS AND CONTROLS: 303.1 Process Emission Limitations: The owner and/or operator shall not discharge or cause or allow to be discharged into the ambient air: a. Stack emissions exceeding 5% opacity. b. Fugitive dust emissions exceeding 10% opacity from any affected operation or process source, excluding truck dumping. 303.2 Controls: The owner and/or operator shall implement the following process controls: a. On all cement, lime, and/or fly ash storage silo(s), install an operational overflow warning system/device. The system/device shall be designed to alert operator(s) to stop the loading operation when the cement, lime, and/or fly ash 316.14 storage silo(s) are reaching a capacity that could adversely impact pollution abatement equipment. b. On new cement, lime, and/or fly ash storage silos, install a properly sized fabric filter baghouse or equivalent device designed to meet a maximum outlet grain loading of 0.01 gr/dscf. c. On dry mix concrete plant loading stations/truck mixed product, implement one of the following process controls: (1) Install a rubber fill tube; (2) Install a water spray; (3) Install a properly sized fabric filter baghouse or delivery system; (4) Enclose mixer loading stations such that no visible emissions occur; or (5) Conduct mixer loading stations in an enclosed process building such that no visible emissions from the building occur during the mixing activities. d. On cement silo filling processing/loading operations controls, install a pressure control system designed to shut-off cement silo filling processes/loading operations, if pressure from delivery truck is excessive, as defined in O&M Plan. 304 OTHER ASSOCIATED OPERATIONS: All other affected operations or process sources not specifically listed in Sections 301, 302, or 303 of this rule associated with the processing of nonmetallic minerals, all other fugitive dust emission limitations not specifically listed in Section 306 of this rule, all other fugitive dust control measures not specifically listed in Section 307 of this rule, and all overburden operations shall, at a minimum, meet the provisions of Rule 310 of these rules. 305 AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS): An owner and/or operator of a facility shall provide, properly install and maintain in calibration, in good working order, and in operation air pollution control equipment required by this rule. When selecting air pollution control equipment required by this rule, the owner and/or operator of a facility may consider the site-specific and/or material-specific conditions and logistics of a facility. When doing so, some air pollution control equipment may be more reasonable to implement than others. Regardless, any air pollution control equipment that is installed must achieve the applicable standard(s) required by this rule, as determined by the corresponding test method(s), as applicable, and must achieve other applicable standard(s) set forth in this rule. The owner and/or operator of a facility may submit a request to the Control Officer and the Administrator for the use of alternative air pollution control equipment. The request shall include the proposed alternative air pollution control equipment, the air 316.15 pollution control equipment that the alternative would replace, and a detailed statement or report demonstrating that the air pollution control equipment would result in equivalent or better emission control than the equipment prescribed in this rule. Nothing in this rule shall be construed to prevent an owner and/or operator of a facility from making such demonstration. Following a decision by the Control Officer and the Administrator to grant the petition, the facility shall incorporate the alternative air pollution control equipment in any required Operation and Maintenance (O&M) Plan. 305.1 Operation and Maintenance (O&M) Plan Requirements for ECS: a. An owner and/or operator of a facility shall provide and maintain, readily available on-site at all times, (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or to an air pollution control permit. b. The owner and/or operator of a facility shall submit to the Control Officer for approval the O&M Plan(s) for each ECS and for each ECS monitoring device that is used pursuant to this rule. c. The owner and/or operator of a facility shall comply with all the identified actions and schedules provided in each O&M Plan. 305.2 Operation and Maintenance (O&M) Plan Requirements for Dust Control Measures: a. An owner and/or operator of a facility shall provide and maintain, readily available on-site at all times, (an) O&M Plan(s) for equipment associated with any process fugitive emissions and fugitive dust control measures (i.e., gravel pads, wheel washers, truck washers, rumble grates, watering systems, and street sweepers) that are implemented to comply with this rule or an air pollution control permit. b. The owner and/or operator of a facility shall comply with all the identified actions and schedules provided in each O&M Plan. 305.3 Providing and Maintaining ECS Monitoring Devices: An owner and/or operator of a facility operating an ECS pursuant to this rule shall install, maintain, and calibrate monitoring devices described in the O&M Plan(s). The monitoring devices shall measure pressures, rates of flow, and/or other operating conditions necessary to determine if the control devices are functioning properly. 305.4 O&M Plan Responsibility: An owner and/or operator of a facility that is required to have an O&M Plan pursuant to Section 305 of this rule must fully comply with all O&M Plans that the owner and/or operator has submitted for approval, even if such O&M Plans have not yet been approved, unless notified in writing by the Control Officer. 316.16 306 FUGITIVE DUST EMISSION LIMITATIONS: 306.1 20% Opacity Limitation: For emissions that are not already regulated by an opacity limit, the owner and/or operator of a facility shall not discharge or cause or allow to be discharged into the ambient air fugitive dust emissions exceeding 20% opacity, in accordance with the test methods described in Section 503 of this rule and in Appendix C-Fugitive Dust Test Methods of these rules. 306.2 Visible Emission Limitation Beyond Property Line: An owner and/or operator of a facility shall not cause or allow fugitive dust emissions from any active operation, open storage pile, or disturbed surface area associated with such facility such that the presence of such fugitive dust emissions remain visible in the atmosphere beyond the property line of such facility. 306.3 Wind Event: The fugitive dust emission limitations described in Section 306.1 and Section 306.2 of this rule shall not apply during a wind event, if the owner and/or operator of a facility meets the following conditions: a. Has implemented the fugitive dust control measures described in Section 307 of this rule, as applicable; b. Has compiled and retained records, in accordance with Section 501.4 of this rule, and has documented by records the occurrence of a wind event on the day(s) in question. The occurrence of a wind event must be determined by the nearest Maricopa County Air Quality Department monitoring station, from any other certified meteorological station, or by a wind instrument that is calibrated according to manufacturer’s standards and that is located at the site being checked; and c. Has implemented the following high wind fugitive dust control measures, as applicable: (1) For an active operation, implement one of the following fugitive dust control measures, in accordance with the test methods described in Section 503 and Section 504 of this rule and in Appendix C-Fugitive Dust Test Methods of these rules: (a) Cease active operation that may contribute to an exceedance of the fugitive dust emission limitations described in Section 306.1 of this rule for the duration of the wind event and, if active operation is ceased for the remainder of the work day, stabilize the area; or (b) Before and during active operations, apply water or other suitable dust suppressant other than water to keep the soil visibly moist. 316.17 (2) For an inactive open storage pile, implement one of the following fugitive dust control measures, in accordance with the test methods described in Section 503 and Section 504 of this rule and in Appendix C-Fugitive Dust Test Methods of these rules: (a) Maintain a soil crust by applying water or other suitable dust suppressant other than water or by implementing another fugitive dust control measure, in sufficient quantities to meet the stabilization standards described in Section 505 of this rule. (b) Cover open storage pile with tarps, plastic, or other material such that wind will not remove the covering, if open storage pile is less than eight feet high. (3) For an inactive disturbed surface area, implement one of the following fugitive dust control measures, in accordance with the test methods described in Section 503 and Section 504 of this rule and in Appendix CFugitive Dust Test Methods of these rules: (a) Uniformly apply and maintain surface gravel or a dust suppressant other than water; or (b) Maintain a soil crust by applying water or other suitable dust suppressant other than water or by implementing another fugitive dust control measure, in sufficient quantities to meet the stabilization standards described in Section 505 of this rule. 306.4 Silt Loading and Silt Content Standards for Unpaved Roads and Unpaved Parking and Staging Areas: From unpaved roads and unpaved parking and staging areas, the owner and/or operator of a facility shall not discharge or allow to be discharged into the ambient air fugitive dust emissions exceeding 20% opacity, in accordance with the test methods described in Section 502 of this rule and in Appendix C-Fugitive Dust Test Methods of these rules, and one of the following: a. For unpaved roads, silt loading equal to or greater than 0.33 oz/ft2 or silt content exceeding 6%. b. For unpaved parking and staging areas, silt loading equal to or greater than 0.33 oz/ft2 or silt content exceeding 8%. 306.5 Stabilization Standards: a. An owner and/or operator of a facility with an open area or a disturbed surface area on which no activity is occurring (including areas that are temporarily or permanently inactive) shall be considered in violation of this rule if area is not 316.18 maintained in a manner that meets at least one of the standards listed below, as applicable. (1) Maintain a soil crust; (2) Maintain a threshold friction velocity (TFV) for disturbed surface areas corrected for non-erodible elements of 100 cm/second or higher; (3) Maintain a flat vegetative cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%; (4) Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 30%; (5) Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible elements; (6) Maintain a percent cover that is equal to or greater than 10% for nonerodible elements; or (7) Comply with a standard of an alternative test method, upon obtaining the written approval from the Control Officer and the Administrator. b. If no activity is occurring on an open storage pile and material handling or surface soils where support equipment and vehicles operate in association with such facility and if an open storage pile and material handling or surface soils where support equipment and vehicles operate in association with such facility contain more than one type of visibly distinguishable stabilization characteristics, soil, vegetation, or other characteristics, which are visibly distinguishable, the owner and/or operator shall test each representative surface separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, in accordance with the appropriate test methods described in Section 505 of this rule and in Appendix C-Fugitive Dust Test Methods of these rules. 307 FUGITIVE DUST CONTROL MEASURES: The owner and/or operator of a nonmetallic mineral processing plant and/or a rock product processing plant shall implement the fugitive dust control measures described in this section of this rule. When selecting a fugitive dust control measure(s), the owner and/or operator of a facility may consider the site-specific and/or material-specific conditions and logistics of a facility. When doing so, some fugitive dust control measures may be more reasonable to 316.19 implement than others. Regardless, any fugitive dust control measure that is implemented must achieve the applicable standard(s) described in Section 306 of this rule, as determined by the corresponding test method(s), as applicable, and must achieve other applicable standard(s) set forth in this rule. The owner and/or operator of a facility may submit a request to the Control Officer and the Administrator for the use of alternative control measure(s). The request shall include the proposed alternative control measure, the control measure that the alternative would replace, and a detailed statement or report demonstrating that the measure would result in equivalent or better emission control than the measures prescribed in this rule. Nothing in this rule shall be construed to prevent an owner and/or operator of a facility from making such demonstration. Following a decision by the Control Officer and the Administrator to grant the petition, the facility shall incorporate the alternative control measure in any required Dust Control Plan. When engaged in the activities described in Section 301 and Section 307.1 through Section 307.9 of this rule, the owner and/or operator of a facility shall install, maintain, and use fugitive dust control measures as described in Section 307.1 through Section 307.9 of this rule, as applicable. 307.1 Open Storage Piles and Material Handling: The owner and/or operator of a facility shall implement all of the following fugitive dust control measures, as applicable. For the purpose of this rule, open storage pile(s) and material handling does not include berms and guard rails that are installed to comply with 30 CFR 56.93000. However, such berms and guard rails shall be installed and maintained in compliance with Section 306.1, Section 306.2, and Section 306.5 of this rule. a. Prior to, and/or while conducting loading and unloading operations, implement one of the following fugitive dust control measures: (1) Spray material with water, as necessary; or (2) Spray material with a dust suppressant other than water, as necessary. b. When not conducting loading and unloading operations, implement one of the following fugitive dust control measures: (1) Spray material with water, as necessary; (2) Maintain a 1.5% or more soil moisture content of the open storage pile(s); (3) Locate open storage pile(s) in a pit/in the bottom of a pit; (4) Arrange open storage pile(s) such that storage pile(s) of larger diameter products are on the perimeter and act as barriers to/for open storage pile(s) that could create fugitive dust emissions; (5) Construct and maintain wind barriers, storage silos, or a three-sided enclosure with walls, whose length is no less than equal to the length of 316.20 the pile, whose distance from the pile is no more than twice the height of the pile, whose height is equal to the pile height, and whose porosity is no more than 50%; or (6) Cover open storage piles with tarps, plastic, or other material to prevent wind from removing the coverings. c. When installing new open storage pile(s) at an existing facility and/or when installing new open storage pile(s) at a new facility, the owner and/or operator shall implement all of the following fugitive dust control measures, only if it is determined to be feasible on a case-by-case basis through the Dust Control Plan by assessing the amount of open land available at the property at the time the new open storage pile(s) are formed: (1) Install the open storage pile(s) at least 25 feet from the property line; and (2) Limit the height of the open storage pile(s) to less than 45 feet. d. For existing open storage pile(s) and when installing open storage pile(s) for an existing facility or for a new facility, if such open storage pile(s) will be constructed over eight feet high and will not be covered, then the owner and/or operator shall install, use, and maintain a water truck or other method that is capable of completely wetting the surfaces of open storage pile(s). 307.2 Surface Stabilization Where Support Equipment and Vehicles Operate: The owner and/or operator of a facility shall implement one of the following fugitive dust control measures on areas other than the areas identified in Section 307.3 and Section 307.4 of this rule where loaders, support equipment, and vehicles operate. a. Apply and maintain water; b. Apply and maintain a dust suppressant, other than water; or c. Apply a gravel pad in compliance with Section 307.6(b)(4) of this rule. 307.3 Haul/Access Roads That Are Not in Permanent Areas of a Facility: a. The owner and/or operator of a facility shall implement one of the following fugitive dust control measures, as applicable, before engaging in the use of, or in the maintenance of, haul/access roads. Compliance with the provisions of this section of this rule shall not relieve any person subject to the requirements of this section of this rule from complying with any other federally enforceable requirements (i.e., a permit issued under Section 404 of the Clean Water Act). 316.21 (1) Install and maintain bumps, humps, or dips for speed control and apply water, as necessary; (2) Limit vehicle speeds and apply water, as necessary; (3) Pave; (4) Apply and maintain a gravel pad in compliance with Section 307.6(b)(4) of this rule; (5) Apply a dust suppressant, other than water; or (6) Install and maintain a cohesive hard surface. b. For a new facility, if it is determined that none of the fugitive dust control measures described in Section 307.3(a) of this rule can be technically and feasibly implemented, then the owner and/or operator of a new facility shall maintain a minimum distance of 25 feet from the property line for haul/access roads associated with the new facility. Such determination shall be made and approved in writing by the Control Officer and the Administrator and shall be approved in the Dust Control Plan. 307.4 On-Site Traffic: a. The owner and/or operator of a facility shall require all batch trucks and material delivery trucks to remain on roads with paved surfaces or cohesive hard surfaces. b. The owner and/or operator of a facility shall require all aggregate trucks to remain on paved surfaces or cohesive hard surfaces, except when driving on roads leading to and from aggregate loading areas/loading operations, as approved in the Dust Control Plan. c. The owner and/or operator of a facility shall require all batch trucks and material delivery trucks to enter and exit the facility/operation only through entrances that comply with the trackout requirements in Section 307.6 of this rule. d. The owner and/or operator of a facility shall pave or install a cohesive hard surface on permanent areas of a facility on which vehicles drive, as approved in the Dust Control Plan. 307.5 Off-Site Traffic: When hauling and/or transporting bulk material off-site, the owner and/or operator of a facility shall implement all of the following control measures: 316.22 a. Load all haul trucks such that the freeboard is not less than three inches; b. Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); and c. Cover haul trucks with a tarp or other suitable closure. 307.6 Trackout: a. Rumble Grate and Wheel Washer: The owner and/or operator of a new permanent facility and the owner and/or operator of an existing permanent facility with a minimum of 60 aggregate trucks, mixer trucks, and/or batch trucks exiting a facility on any day onto paved public roadways/paved areas accessible to the public shall install, maintain, and use a rumble grate and wheel washer, in accordance with all of the following conditions, as applicable. For the purpose of this rule, a vehicle wash and/or a cosmetic wash may be substituted for a wheel washer, provided such vehicle wash and/or cosmetic wash has at least 40 pounds per square inch (psi) water spray from the nozzle (owner and/or operator of the facility shall have a water pressure gauge available on-site to allow verification of such water pressure), meets the definition of wheel washer (i.e., is capable of washing the entire circumference of each wheel of the vehicle), is operated in such a way that visible deposits are removed from the entire circumference of each wheel of the vehicle exiting the wash, is installed, maintained, and used in accordance with criteria in Section 307.6(a)(1)-(5) of this rule, and is approved in the Dust Control Plan for the facility. (1) The owner and/or operator of a facility shall locate a rumble grate within 10 feet from a wheel washer. (a) The rumble grate and wheel washer shall be located no less than 30 feet prior to each exit that leads to a paved public roadway/paved area accessible to the public and that is used by aggregate trucks, mixer trucks, and/or batch trucks. (b) The owner and/or operator of a facility may be allowed to install a rumble grate and wheel washer less than 30 feet prior to each exit if the owner and/or operator of a facility can demonstrate to the Control Officer that there is not adequate space to install a rumble grate and wheel washer no less than 30 feet prior to each exit and that a rumble grate and wheel washer at a shorter distance will be adequate to prevent trackout. (c) A rumble grate shall consist of raised dividers (rails, pipes, or grates) a minimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be produced such that dust is shaken off the 316.23 wheels of a vehicle as the entire circumference of each wheel of the vehicle passes over the rumble grate. (2) The owner and/or operator of a facility shall ensure that all aggregate trucks, mixer trucks, and/or batch trucks exit the facility via the rumble grate first and then the wheel washer. (3) The owner and/or operator of a facility shall post a sign by the rumble grate and wheel washer to designate the speed limit as 5 miles per hour. (4) The owner and/or operator of a facility shall pave the roads from the rumble grate and wheel washer to the facility exits leading to paved public roadways/paved areas accessible to the public. (5) The owner and/or operator of a facility shall ensure that all aggregate trucks, mixer trucks, and/or batch trucks remain on the paved roads between the rumble grate and wheel washer and the facility exits leading to paved public roadways/paved areas accessible to the public. b. Rumble Grate, Wheel Washer, or Truck Washer: The owner and/or operator of a facility not subject to Section 307.6(a) of this rule shall install, maintain, and use a rumble grate, wheel washer, or truck washer in accordance with all of the following: (1) A rumble grate, wheel washer, or truck washer shall be located no less than 30 feet prior to each exit that leads to a paved public roadway/paved area accessible to the public and that is used by aggregate trucks, mixer trucks, and/or batch trucks. (a) The owner and/or operator of a facility may be allowed to install a rumble grate, wheel washer, or truck washer less than 30 feet prior to each exit if the owner and/or operator of a facility can demonstrate to the Control Officer that there is not adequate space to install a rumble grate, wheel washer, or truck washer no less than 30 feet prior to each exit and that a rumble grate, wheel washer, or truck washer at a shorter distance will be adequate to prevent trackout. (b) A rumble grate shall consist of raised dividers (rails, pipes, or grates) a minimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be produced such that dust is shaken off the wheels of a vehicle as the entire circumference of each wheel of the vehicle passes over the rumble grate. 316.24 (2) The owner and/or operator of a facility shall ensure that all aggregate trucks, mixer trucks, and/or batch trucks exit the facility via a rumble grate, wheel washer, or truck washer. (3) The owner and/or operator of a facility shall post a sign by the rumble grate, wheel washer, or truck washer to designate the speed limit as 5 miles per hour. (4) If haul/access roads are unpaved between the rumble grate, wheel washer, or truck washer and the facility exits leading to paved public roadways/ paved areas accessible to the public, a gravel pad shall be installed, maintained, and used from the rumble grate, wheel washer, or truck washer to such paved public roadways/paved areas accessible to the public in accordance with all of the following: (a) Gravel pad shall be designed with a layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter and 6 inches deep, 30 feet wide, and 50 feet long and shall be flushed with water or completely replaced as necessary to comply with the trackout threshold described in Section 307.6(d) of this rule. (b) Gravel pad shall have a gravel pad stabilizing mechanism/device (i.e., curbs or structural devices along the perimeter of the gravel pad) and shall be flushed with water or completely replaced as necessary to comply with the trackout threshold described in Section 307.6(d) of this rule. c. Exemptions for Wheel Washers: The owner and/or operator of a facility shall not be required to install, maintain, and use a wheel washer, if any one of the following are applicable: (1) A facility has all paved roads and meters aggregate or related materials directly to a ready-mix or hot mix asphalt truck, with the exception of returned products. The owner and/or operator of the facility shall install, maintain, and use a rumble grate in compliance with Section 307.6(b) of this rule. (2) A facility is less than 5 acres in land size and handles recycled asphalt and recycled concrete exclusively. The owner and/or operator of the facility shall install, maintain, and use a rumble grate in compliance with Section 307.6(b) of this rule and shall install a gravel pad in compliance with Section 307.6(b)(4) of this rule on all unpaved roads leading to the facility exits leading to paved public roadways/paved areas accessible to the public. 316.25 (3) A facility has a minimum of ¼ mile paved roads leading from a rumble grate to the facility exits leading to paved public roadways/paved areas accessible to the public. (4) A facility meets the definition of infrequent operations, as defined in Section 229 of this rule. The owner and/or operator of the facility shall install, maintain, and use a rumble grate in compliance with Section 307.6(b) of this rule and shall install a gravel pad in compliance with Section 307.6(b)(4) of this rule. The gravel pad shall be installed for a distance of no less than 100 feet from the rumble grate to the facility exits leading to paved public roadways/paved areas accessible to the public. The owner and/or operator of the facility shall keep records in accordance with Section 500 of this rule, as applicable. The owner and/or operator of the facility shall notify the Control Officer in the event that the facility will operate more than 52 days per year based on the average rolling 3year period after June 8, 2005 and the owner and/or operator of the facility shall comply with Section 307.6 of this rule, as applicable. d. Trackout Distance: An owner and/or operator of a facility shall not allow trackout to extend a cumulative distance of 25 linear feet or more from all facility exits onto paved areas accessible to the public. Notwithstanding the proceeding, the owner and/or operator of a facility shall clean up all other trackout at the end of the workday. e. Cleaning Paved Roads Identified in the Dust Control Plan: The owner and/or operator of a facility shall clean all paved roads identified in the Dust Control Plan for a facility in accordance with all of the following as applicable: (1) The owner and/or operator of a facility with a minimum of 60 aggregate trucks, mixer trucks, and/or batch trucks exiting the facility on any day shall sweep the paved roads with a street sweeper by the end of each production work shift, if there is evidence of dirt and/or other bulk material extending a cumulative distance of 12 linear feet or more on any paved road. (2) The owner and/or operator of a facility with less than 60 aggregate trucks, mixer trucks, and/or batch trucks exiting the facility on any day shall sweep the paved roads with a street sweeper by the end of every other work day. On the days that paved roads are not swept, the owner and/or operator of a facility shall apply water on at least 100 feet of paved roads or the entire length of paved roads leading to an exit to paved public roadways/paved areas accessible to the public, if such roadways are less than 100 feet long. 316.26 (3) The owner and/or operator of a facility, who purchases street sweepers after June 8, 2005, shall purchase street sweepers that meet the criteria of PM 10 -efficient South Coast Air Quality Management Rule 1186 certified street sweepers. (4) The owner and/or operator of a new facility shall use South Coast Air Quality Management Rule 1186 certified street sweepers to sweep paved roads. 307.7 Pad Construction for Processing Equipment: The owner and/or operator of a facility shall implement, maintain, and use fugitive dust control measures during the construction of pads for processing equipment, so as to meet all of the applicable requirements in this rule, and shall identify, in the Dust Control Plan, such fugitive dust control measures. 307.8 Spillage: In addition to complying with the fugitive dust emission limitations described in Section 306 of this rule and implementing fugitive dust control measures described in Section 307.1 through Section 307.9 of this rule, as applicable, the owner and/or operator of a facility shall implement the following fugitive dust control measures, as applicable, when spillage occurs: a. Promptly remove any pile of spillage on paved haul/access roads/paved roads; or b. Maintain in a stabilized condition any pile of spillage on paved haul/access roads/paved roads and remove such pile by the end of each day; and c. Maintain in a stabilized condition all other piles of spillage with dust suppressants until removal. 307.9 Nighttime Operations: The owner and/or operator of a facility shall implement, maintain, and use fugitive dust control measures at night, as approved in the Dust Control Plan. 308 FACILITY INFORMATION SIGN: The owner and/or operator of a facility subject to this rule shall erect and maintain a facility information sign at the main entrance such that members of the public can easily view and read the sign at all times. Such sign shall have a white background, have black block lettering that is at least four inches high, and shall contain at least all of the following information: 308.1 Facility name and permittee’s name; 308.2 Current number of the air quality permit or of authority to operate under a general permit; 316.27 308.3 Name and local phone number of person(s) responsible for dust control matters; and 308.4 Text stating: “Dust complaints? Call Maricopa County Air Quality Department (Insert the accurate Maricopa County Air Quality Department complaint line telephone number).” 309 FUGITIVE DUST CONTROL TECHNICIAN: The owner and/or operator of a facility with a rated or permitted capacity of 25 tons or more of material per hour or with five acres or more of disturbed surface area subject to a permit, whichever is greater, shall have in place a Fugitive Dust Control Technician, who shall meet all of the following qualifications: 309.1 Be authorized by the owner and/or operator of the facility to have full authority to ensure that fugitive dust control measures are implemented on-site and to conduct routine inspections, recordkeeping, and reporting to ensure that all fugitive dust control measures are installed, maintained, and used in compliance with this rule. 309.2 Be trained in accordance with the Comprehensive Dust Control Training Class conducted or approved by the Control Officer, successfully complete, at least once every three years, such Comprehensive Dust Control Training Class, and have a valid dust training certification identification card readily accessible onsite while acting as a Fugitive Dust Control Technician. 309.3 Be authorized by the owner and/or operator of the facility to install, maintain, and use fugitive dust control measures, deploy resources, and shutdown or modify activities as needed. 309.4 Be on-site at all times during primary dust-generating operations related to the purposes for which the permit was obtained. 309.5 Be certified to determine opacity as visible emissions in accordance with the provisions of the EPA Method 9 as specified in 40 CFR, Part 60, Appendix A. 309.6 Be authorized by the owner and/or operator of the facility to ensure that the site superintendent or other designated on-site representative of the owner and/or operator of the facility and water truck and water pull drivers for each site be trained in accordance with the Basic Dust Control Training Class conducted or approved by the Control Officer with jurisdiction over the site and successfully complete, at least once every three years, such Basic Dust Control Training Class. 310 BASIC DUST CONTROL TRAINING CLASS: 310.1 At least once every three years, the site superintendent or other designated on-site representative of the permit holder, if present at a site that has more than one acre of disturbed surface area that is subject to a permit issued by the Control Officer 316.28 requiring control of PM 10 emissions from dust-generating operation, shall successfully complete a Basic Dust Control Training Class conducted or approved by the Control Officer. 310.2 At least once every three years, water truck and water-pull drivers shall successfully complete a Basic Dust Control Training Class conducted or approved by the Control Officer. 310.3 All persons having successfully completed training during the 2006 and 2007 calendar years shall be deemed to have satisfied the requirement to successfully complete the Basic Dust Control Training Class, if the training that was completed was conducted or approved by the Control Officer. Completion of the Comprehensive Dust Control Training Class, as required in Section 309.2 of this rule, shall satisfy the requirement of this section of this rule. 311 DUST CONTROL PLAN: 311.1 The owner and/or operator of a facility shall submit, to the Control Officer, a Dust Control Plan that describes all fugitive dust control measures to be implemented, in order to comply with Section 305.2, Section 306, Section 307, and Section 309 of this rule. 311.2 The owner and/or operator of a facility shall submit, to the Control Officer, a Dust Control Plan that describes all equipment associated with any process fugitive emissions to be implemented, in order to comply with Section 301 and Section 305.2 of this rule and that includes all of the information in Section 311.2(a) and Section 311.2(b) of this rule, as applicable. If an alternative plan for conducting required soil moisture tests is approved by the Control Officer, included in a Dust Control Plan, and implemented by the owner and/or operator, as allowed under Section 301.2(c)(6) of this rule, and if the Control Officer determines that such alternative plan included in a Dust Control Plan has been followed, yet fugitive dust emissions still exceed the standards of this rule, then the Control Officer shall issue a written notice to the owner and/or operator explaining such determination. The owner and/or operator shall make written revisions to the Dust Control Plan and shall submit such revised Dust Control Plan to the Control Officer within three working days of receipt of the Control Officer’s written notice, unless such time period is extended by the Control Officer, upon request, for good cause. During the time that such owner and/or operator is preparing revisions to the Dust Control Plan, such owner and/or operator must still comply with all requirements of this rule. a. Documentation for the soil moisture content in order to comply with Section 301.2 of this rule. b. Documentation of soil moisture analysis for each move notice regarding portable sources. 316.29 311.3 The Dust Control Plan shall, in addition, contain all the information described in Rule 310-Fugitive Dust From Dust-Generating Operations of these rules. 311.4 All other criteria associated with the Dust Control Plan shall meet the criteria described in Rule 310-Fugitive Dust From Dust-Generating Operations of these rules. 311.5 The Control Officer shall approve, disapprove, or conditionally approve the Dust Control Plan, in accordance with the criteria used to approve, disapprove or conditionally approve a permit. Failure to comply with the provisions of an approved Dust Control Plan shall be deemed a violation of this rule. 311.6 With each move notice regarding portable sources, the owner and/or operator of a facility shall submit, to the Control Officer, a Dust Control Plan that meets the requirements of this section of this rule. 312 GENERAL REQUIREMENTS: An owner and/or operator of a facility subject to this rule shall be subject to the standards and/or requirements of this rule at all times. Failure to comply with any one of the following requirements shall constitute a violation. 312.1 Process emission limitations and controls described in Section 301, Section 302, and Section 303 of this rule. 312.2 Operation and maintenance (O&M) plan requirements for an emission control system and for dust control measures described in Section 305 of this rule. 312.3 Fugitive dust emission limitations described in Section 306 of this rule. 312.4 Fugitive dust control measures described in Section 307 of this rule. 312.5 Facility information sign requirement described in Section 308 of this rule. 312.6 Fugitive Dust Control Technician requirements described in Section 309 of this rule. 312.7 Basic Dust Control Training Class requirements described in Section 310. 312.8 Dust Control Plan requirements described in Section 311 of this rule. 312.9 Monitoring and recordkeeping requirements described in Section 500 of this rule. 312.10 Any other requirements of this rule. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 316.30 401 COMPLIANCE SCHEDULE: The newly amended provisions of this rule shall become effective upon adoption of this rule except as follows: 401.1 Process Controls: Process controls required by Section 301.2 of this rule shall be implemented by July 12, 2008. 401.2 O&M Plan: a. The owner and/or operator of an existing facility shall revise/update all O&M Plans by June 12, 2008. b. The Control Officer shall take final action on an O&M Plan revision/update to address the newly amended provisions of this rule within 30 calendar days of the filing of the complete O&M Plan revision/update. The Control Officer shall notify the applicant in writing of his approval or denial. 401.3 Dust Control Plan: a. The owner and/or operator of an existing facility shall revise/update all Dust Control Plans by June 12, 2008. b. The owner and/or operator of a new facility shall submit to the Control Officer a Dust Control Plan at the time such owner and/or operator submits a permit application to the Control Officer. c. The Control Officer shall take final action on a Dust Control Plan revision/ update to address the newly amended provisions of this rule within 30 calendar days of the filing of the complete Dust Control Plan revision/update. The Control Officer shall notify the applicant in writing of his approval or denial. 401.4 Basic Dust Control Training Class: No later than December 31, 2008, a site superintendent or other designated on-site representative of the permit holder, water truck drivers, and water pull drivers shall have successfully completed the Basic Dust Control Training Class, as described in Section 310 of this rule. 401.5 Comprehensive Dust Control Training Class: No later than June 30, 2008, a Fugitive Dust Control Technician shall have successfully completed the Comprehensive Dust Control Training Class, as described in Section 309 of this rule. 401.6 Rumble Grates: As of June 12, 2008, new rumble grates or existing rumble grates that are moved or modified must meet the requirements described in Sections 307.6(a)(1)(c) or 307.6(b)(1)(b) of this rule. SECTION 500 – MONITORING AND RECORDS 316.31 501 MONITORING, RECORDKEEPING AND REPORTING: Any owner and/or operator of a facility subject to this rule shall comply with the following requirements. Records shall be retained for five years and shall be made available to the Control Officer upon request. 501.1 Operational information required by this rule shall be kept in a complete and consistent manner on-site and be made available without delay to the Control Officer upon request. 501.2 Records of the following process and operational information, as applicable, are required: a. General Data: Daily records shall be kept for all days that a facility is actively operating. Records shall include all of the following: (1) Hours of operation; (2) Type of batch operation (wet, dry, central); (3) Throughput per day of basic raw materials including sand, aggregate, cement (tons/day); (4) Volume of concrete produced per day (cubic yards/day) and volume of asphaltic concrete produced per day (tons/day); (5) Volume of aggregate mined per day (tons per day); and (6) Amount of each basic raw material including sand, aggregate, cement, fly ash delivered per day (tons/day). (7) For facilities that assert to be below the thresholds in Section 307.6(a) and Section 307.6(e)(1) of this rule, number of aggregate trucks, mixer trucks, and/or batch trucks exiting the facility. b. Additional Data for Dry Mix Concrete Plants and/or Bagging Operations: Records shall include all of the following: (1) Number of bags of dry mix produced; (2) Weight (size) of bags of dry mix produced; (3) Kind and amount of fuel consumed in dryer (cubic feet/day or gallons/day); and (4) Kind and amount of any back-up fuel, if any. 316.32 c. Control and Monitoring Device Data: Records shall include all of the following: (1) For a fabric filter baghouse: (a) Date of inspection; (b) Date and designation of bag replacement; (c) Date of service or maintenance related activities; and (d) Time, date, and cause of fabric filter baghouse failure and/or down time, if applicable. (2) For a scrubber: (a) Date of service or maintenance related activities; (b) Liquid flow rate; (c) Other operating parameters that need to be monitored to assure that the scrubber is functioning properly and operating within design parameters; and (d) Time, date, and cause of scrubber failure and/or down time, if applicable. (3) For watering systems (e.g., spray bars or an equivalent control): (a) Date, time, and location of each moisture sampling point; and (b) Results of moisture testing. 501.3 O&M Plan Records: An owner and/or operator of a facility shall maintain all of the following records in accordance with an approved O&M Plan: a. For Any ECS, Any Other Emission Processing Equipment, and Any ECS Monitoring Devices That Are Used Pursuant to This Rule or to an Air Pollution Control Permit: (1) Periods of time that an approved ECS is operating to comply with this rule; (2) Periods of time that an approved ECS is not operating; 316.33 (3) Flow rates; (4) Pressure drops; (5) Other conditions necessary to determine if the approved ECS is functioning properly; (6) Results of visual inspections; and (7) Correction action taken, if necessary. b. For Equipment Associated With Any Process Fugitive Emissions and Any Fugitive Dust Control Measures that are Implemented to Comply With This Rule or to an Air Pollution Control Permit: (1) A written record of self-inspection on each day that a facility is actively operating. Self-inspection records shall include daily inspections or in compliance with O&M Plan requirements, whichever is more frequent; (2) Maintenance of street sweepers; and (3) Maintenance of trackout control devices, gravel pads, wheel washers, and truck washers. 501.4 Dust Control Plan Records: An owner and/or operator of a facility shall compile, maintain, and retain a written record of self-inspection of all fugitive dust control measures implemented, in order to comply with the Dust Control Plan, on each day that the facility is actively operating. Self-inspection records shall include information as described in Rule 310-Fugitive Dust From DustGenerating Operations of these rules. 501.5 Basic Dust Control Training Class Records: An owner and/or operator of a facility shall compile, maintain, and retain a written record for each employee subject to Section 310 of this rule. Such written records shall include the name of the employee, the date of the Basic Dust Control Training Class that such employee successfully completed, and the name of the agency/representative who conducted such class. 502 COMPLIANCE DETERMINATION – FOR PROCESS EMISSIONS AND CONTROLS: Compliance determinations for activities regulated by Sections 301 (excluding Section 301.1(e)), 302, and/or 303 of this rule shall be made according to the test methods for those subparts of 40 CFR Part 60, Appendix A, adopted as of July 1, 2007, as listed below. Such subparts of 40 CFR Part 60, Appendix A, adopted as of July 1, 2007 and 40 CFR Part 51, Appendix M, adopted as of July 1, 2007, are adopted by reference as indicated. This adoption by reference includes no future editions or amendments. Copies of test methods referenced in Section 502 of this rule are available 316.34 at Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, Arizona, 85004-1942. When more than one test method is permitted for a compliance determination, then an exceedance of the limits established in this rule, determined by any of the applicable test methods, constitutes a violation of this rule. 502.1 Grain Loading: Particulate matter and associated moisture content shall be determined using the applicable EPA Reference Methods 1 through 5, 40 CFR Part 60, Appendix A. 502.2 Opacity Observations: Opacity observations to measure visible emissions from activities regulated by Sections 301 (excluding Section 301.1(e)), 302, and/or 303 of this rule shall be conducted in accordance with the techniques specified in EPA Reference Method 203B (Visual Determination of Opacity of Emissions from Stationary Sources for Time-Exception Regulations), 40 CFR Part 51, Appendix M, adopted as of July 1, 2007. Emissions shall not exceed the applicable opacity standards described in Section 301 (excluding Section 301.1(e)), Section 302, and Section 303 of this rule for a period aggregating more than three minutes in any 60-minute period. 502.3 Soil Moisture Testing for Watering Systems: a. If twice daily moisture sampling is required, such sampling shall be conducted within one hour of startup and again at 3 pm or within one hour prior to daily shutdown but no less frequently than once every 8-hour period. b. If daily moisture sampling is required, such sampling shall be conducted within one hour after startup. c. Moisture testing shall be conducted on all crushers, shaker screens, and material transfer points (excluding wet plants). Unless prior approval from the Control Officer is granted, moisture testing shall be conducted at the following sample points: (1) Within 10 feet from the point where crushed aggregate material is placed on the discharge belt conveyor from the crusher; (2) Within 10 feet from the point where screened aggregate material is placed on the conveyor; and (3) From each stacker point. d. The number of sampling points identified in Section 502.3(c)(1) through (3) of this rule may be reduced, if the owner and/or operator of a facility complies with all of the following requirements: 316.35 (1) A 5% minimum moisture content, as demonstrated by a soil moisture test conducted in accordance with the test methods described in Section 502 of this rule, is maintained at the primary crusher; (2) A minimum of 20 soil moisture samples are taken at all of the points identified in Section 502.3(c) of this rule; (3) A 4% minimum moisture content, as demonstrated by a soil moisture test conducted in accordance with the test methods described in Section 502 of this rule and as demonstrated by the soil moisture samples required by Section 502.3(d)(2) of this rule, is maintained at all of the points identified in Section 502.3(c) of this rule; and (4) A written request is submitted to and approved by the Control Officer to revise/modify the Dust Control Plan to reflect the change in moisture content and the reduced number of sampling points according to the demonstration made by the owner and/or operator of a facility according to this section of this rule. e. Moisture testing is not required on a crusher and/or screen plant equipped with a baghouse or fabric filter, electrostatic precipitator, or wet scrubber, excluding wet spray bars, for control of particulate matter. f. Moisture testing shall include all aggregate material less than 0.25 inch in diameter. g. Moisture testing shall be conducted in accordance with the requirements of American Society For Testing And Materials C566-97 (2004) “Standard Test Method for Total Evaporable Moisture Content of Aggregate by Drying” with the exception that smaller sample portions may be used. 503 COMPLIANCE DETERMINATION FOR EMISSIONS AND CONTROLS THAT ARE REGULATED BY SECTION 301.1(E), SECTION 304 AND/OR SECTION 306 OF THIS RULE: To determine compliance with the fugitive dust emission limitations described in Section 301.1(e), Section 304, and/or Section 306 of this rule, opacity observations shall be conducted in accordance with the techniques specified in Appendix C-Fugitive Dust Test Methods of these rules. 504 COMPLIANCE DETERMINATION FOR SOIL MOISTURE CONTENT AND SOIL COMPACTION CHARACTERISTICS TEST METHODS ADOPTED BY REFERENCE: 504.1 ASTM Method D2216-05 ("Standard Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass"), 2005 edition. 316.36 504.2 ASTM Method D1557-02e1 ("Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/ m3))"), 2002 edition. 505 COMPLIANCE DETERMINATION FOR STABILIZATION STANDARDS TEST METHODS ADOPTED BY REFERENCE: The stabilization standards described in Section 306.5 of this rule shall be determined by using the following test methods in accordance with Appendix C-Fugitive Dust Test Methods of these rules: 505.1 Appendix C, Section 2.1.2 (Silt Content Test Method) of these rules to estimate the silt content of the trafficked parts of unpaved roads (not to exceed 6%) and unpaved parking lots (not to exceed 8%). 505.2 Appendix C, Section 2.3 (Test Methods for Stabilization-Soil Crust Determination (The Drop Ball Test)) of these rules for a soil crust. 505.3 Appendix C, Section 2.4 (Test Methods for Stabilization-Determination of Threshold Friction Velocity (TFV) (Sieving Field Procedure)) of these rules for threshold friction velocity (TFV) corrected for non-erodible elements of 100 cm/second or higher. 505.4 Appendix C, Section 2.5 (Test Methods for Stabilization-Determination of Flat Vegetative Cover) of these rules for flat vegetation cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%. 505.5 Appendix C, Section 2.6 (Test Methods for Stabilization-Determination of Standing Vegetative Cover) of these rules for standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 30%. 505.6 Appendix C, Section 2.6 (Test Methods for Stabilization-Determination of Standing Vegetative Cover) of these rules for standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible elements. 505.7 Appendix C, Section 2.7 (Test Methods for Stabilization-Rock Test Method) of these rules for a percent cover that is equal to or greater than 10%, for nonerodible elements. 505.8 An alternative test method approved in writing by the Control Officer and the Administrator. 316.37 506 CERTIFIED STREET SWEEPING EQUIPMENT LIST ADOPTED BY REFERENCE: The list of street sweeping equipment (as of July 9, 2004) that has met the South Coast Air Quality Management Rule 1186 certification standards is found in support documents for the South Coast Air Quality Management District Regulation XISource Specific Standards, Rule 1186-PM 10 Emissions From Paved And Unpaved Roads And Livestock Operations and is adopted by reference. A copy of the list of certified street sweeping equipment can also be obtained at Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, Arizona, 85004. 316.38 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 317 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 AVAILABILITY OF INFORMATION SECTION 200 – DEFINITIONS 201 BATCH HMIWI 202 BIOLOGICALS 203 BLOOD PRODUCTS 204 BODY FLUIDS 205 CHEMOTHERAPEUTIC WASTE 206 CO-FIRED COMBUSTOR 207 CONTINUOUS HMIWI 208 CREMATORY 209 DIOXINS/FURANS 210 HOSPITAL 211 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATOR 212 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATOR OPERATOR 213 HOSPITAL WASTE 214 INFECTIOUS AGENT 215 INTERMITTENT HMIWI 216 LARGE HMIWI 217 LOW-LEVEL RADIOACTIVE WASTE 218 MAXIMUM CHARGE RATE 219 MAXIMUM DESIGN WASTE BURNING CAPACITY 220 MEDICAL/INFECTIOUS WASTE 221 MEDIUM HMIWI 222 PATHOLOGICAL WASTE 317-1 223 PYROLYSIS 224 SHUTDOWN 225 SMALL HMIWI SECTION 300 – STANDARDS 301 HMIWI STANDARDS 302 HMIWI EMISSIONS GUIDELINES 303 OPACITY 304 LARGE HMIWI OPACITY 305 NIGHT BURNING 306 INCORPORATION BY REFERENCE 307 EXEMPTIONS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 – MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES 502 RECORDKEEPING AND REPORTING 503 HMIWI MONITORING REQUIREMENTS 317-2 Adopted 04/07/93 Revised 04/07/99 Revised 11/19/03 Revised 03/15/06 Revised 12/17/08 Revised 09/16/09 Revised 07/07/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 317 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS SECTION 100 – GENERAL 101 PURPOSE: To control emissions of air pollutants from Hospital/Medical/Infectious Waste incinerators. 102 APPLICABILITY: A Hospital/Medical/Infectious Waste Incinerator (HMIWI) commenced on or before June 20, 1996, or for which construction commenced on or before June 20, 1996, shall comply with this rule unless it fits any one of the following exceptions: 102.1 A combustor is not subject to this rule when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the combustor: a. Notifies the Control Officer of an exemption claim; and b. Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned. 102.2 Any co-fired combustor is not subject to this rule if the owner or operator of the co-fired combustor: a. Notifies the Control Officer of an exemption claim; and b. Provides an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted; and c. Keeps records on a calendar quarter basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor. 317-3 102.3 Any combustor required to have a permit under Title 42, United States Code (U.S.C.), Section 6925, Section 3005 of the Solid Waste Disposal Act is not subject to this rule. 102.4 Any combustor which meets the applicability requirements under 40 CFR 60, Subparts Cb, Ea, or Eb (standards or guidelines for certain municipal waste combustors) is not subject to this rule. 102.5 Any pyrolysis unit is not subject to this rule. 102.6 Cement kilns firing hospital waste or medical/infectious waste are not subject to this rule. 102.7 Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with emission guidelines under this rule are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR 60, Subpart Ec. 102.8 HMIWI subject to this Section are not subject to Rule 313. a. A crematory whose incinerator burns only human remains is not a HMIWI and is not subject to this rule. It is subject to Rule 313. However, if the incinerator burns 10 percent or less of hospital waste and medical/infectious waste, it is a co-fired combustor subject only to notification and recordkeeping requirements, as specified in Section 102.2.c of this rule. If the incinerator burns more than 10 percent hospital waste and medical/infectious waste, it is subject to all of the requirements of this rule. b. Any co-fired combustor or combustor that is not subject to this rule is still subject to Rule 313. (See Applicability, Sections 102.2, 102.3 and 102.4 of this rule.) 103 AVAILABILITY OF INFORMATION: Copies of the CFR referenced in this rule are available at the Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ, 85004, or by calling (602) 506-0169 for information. SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 BATCH HMIWI – An HMIWI that is designed such that neither waste charging nor ash removal can occur during combustion. 202 BIOLOGICALS – Preparations made from living organisms and their products. This includes vaccines, cultures, etc., intended for use in diagnosing, immunizing, or treating humans or animals or in research. 317-4 203 BLOOD PRODUCTS – Any product derived from human blood, including, but not limited to, blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc. 204 BODY FLUIDS – Liquid emanating or derived from humans and limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, peritoneal and pericardial fluids; and semen and vaginal secretions. 205 CHEMOTHERAPEUTIC WASTE – Waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. 206 CO-FIRED COMBUSTOR – A unit combusting hospital waste and/or medical/infectious waste with other fuels or wastes (e.g., coal, municipal solid waste) and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, 10 percent or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level radioactive waste are considered “other” wastes when calculating the percentage of hospital waste and medical/infectious waste combusted. 207 CONTINUOUS HMIWI – An HMIWI that is designed to allow waste charging and ash removal during combustion. 208 CREMATORY – An incinerator used for the cremation of human and animal bodies, their body parts, and for the incineration of associated animal bedding. 209 DIOXINS/FURANS – The combined emissions of tetra-through octa-chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by the EPA Reference Method 23, found in 40 CFR Part 60, Appendix A. 210 HOSPITAL – Any facility which has an organized medical staff, maintains at least six inpatient beds, and where the primary function of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human impatience who are not related and who stay on average in excess of 24 hours per admission. This definition does not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are not acutely ill but who require continuing medical supervision. 211 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATOR OR HMIWI OR HMIWI UNIT – Any device that combusts any amount of hospital waste or medical/infectious waste. 212 HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATOR OPERATOR OR HMIWI OPERATOR – Any person who operates, controls or supervises the day-to-day operation of an HMIWI. 317-5 213 HOSPITAL WASTE – Discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation. 214 INFECTIOUS AGENT – Any organism (such as a virus or bacteria) that is capable of being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in humans. 215 INTERMITTENT HMIWI – An HMIWI that is designed to allow waste charging, but not ash removal, during combustion. 216 LARGE HMIWI: 216.1 Except as provided in Section 216.2: a. An HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour; or b. A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or c. A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day. 216.2 Each of the following is not a large HMIWI: a. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 500 pounds per hour; or b. A batch HMIWI whose maximum charge rate is less than or equal to 4,000 pounds per day. 217 LOW-LEVEL RADIOACTIVE WASTE – Waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Lowlevel radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)). 218 MAXIMUM CHARGE RATE: 218.1 For continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits. 218.2 For batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits. 317-6 219 MAXIMUM DESIGN WASTE BURNING CAPACITY: 219.1 For intermittent and continuous HMIWI, C = PV × 15,000/8,500 Where: C = HMIWI capacity, lb/hr PV = primary chamber volume, ft3 15,000 = primary chamber heat release rate factor, Btu/ft3 /hr 8,500 = standard waste heating value, Btu/lb. 219.2 For batch HMIWI, C = PV × 4.5/8 Where: C = HMIWI capacity, lb/hr PV = primary chamber volume, ft3 4.5 = waste density, lb/ ft3 8 = typical hours of operation of a batch HMIWI. 220 MEDICAL/INFECTIOUS WASTE – Any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research, or in the production or testing of biologicals that is listed in Sections 220.1 through 220.7 of this rule. The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR Part 261; household waste, as defined in 40 CFR 261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment; cremation; and domestic sewage materials identified in 40 CFR 261.4(a)(1). Medical/infectious waste does include: 220.1 Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. 220.2 Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers. 220.3 Human blood and blood products including: a. Liquid waste human blood; b. Products of blood; c. Items saturated and/or dripping with human blood; or d. Items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in 317-7 either patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category. 220.4 Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips. 220.5 Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals. 220.6 Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases. 220.7 Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades. 221 MEDIUM HMIWI: 221.1 Except as provided in Section 221.2: a. An HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or b. A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or c. A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day. 221.2 The following are not medium HMIWI: a. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or more than 500 pounds per hour; or b. A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day or less than or equal to 1,600 pounds per day. 222 PATHOLOGICAL WASTE – Waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). 317-8 223 PYROLYSIS – The endothermic gasification of hospital waste or medical/infectious waste using external energy. 224 SHUTDOWN – The period of time after all waste has been combusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than 2 hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than 4 hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than 5 hours after the high-air phase of combustion has been completed. 225 SMALL HMIWI: 225.1 Except as provided in Section 225.2: a. An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour; or b. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or c. A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day. 225.2 The following are not small HMIWI: a. A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour; or b. A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day. SECTION 300 – STANDARDS 301 HMIWI STANDARDS: An existing HMIWI covered by this Section shall comply with 40 CFR 60, Subpart Ec, and all accompanying appendices, as modified by this subsection. 40 CFR 60, Subpart Ec “Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996” is incorporated by reference in Rule 360 of the Maricopa County Air Pollution Control Regulations. Each owner or operator of an affected facility shall comply with the requirements of 40 CFR 60, Subpart Ec, as adopted and, where applicable, revised herein. 302 HMIWI EMISSIONS GUIDELINES: An HMIWI shall comply with the emissions guidelines listed in Table 317.1 below: Table 317.1. Emission Limits for Small, Medium, and Large HMIWI. Emission Limits (by HMIWI size) Pollutant Units (7% oxygen, dry basis) Small Medium Large Cadmium Milligrams per dry standard 0.16 (0.07) 0.16 (0.07) 0.16 (0.07) 317-9 Carbon monoxide Dioxins/furans Hydrogen chloride Lead Mercury Nitrogen oxides Particulate matter Sulfur dioxide cubic meter (grains per thousand dry standard cubic feet) or percent reduction Parts per million by volume Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet) Parts per million by volume or percent reduction Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction Parts per million by volume Milligrams per dry standard cubic meter (grains per dry standard cubic foot) Parts per million by volume or 65% or 65% or 65% 40 125 (55) or 2.3 (1.0) 40 125 (55) or 2.3 (1.0) 40 125 (55) or 2.3 (1.0) 100 or 93% 1.2 (0.52) or 70% 100 or 93% 1.2 (0.52) or 70% 100 or 93% 1.2 (0.52) or 70% 0.55 (0.24) or 85% 0.55 (0.24) or 85% 0.55 (0.24) or 85% 250 115 (0.05) 250 69 (0.03) 250 34 (0.015) 55 55 55 303 OPACITY: No owner or operator of an HMIWI shall cause to be discharged into the atmosphere from the stack of that HMIWI any gases that exhibit greater than 10 percent opacity (6-minute block average) or darker than 20 percent opacity for an aggregate of more than 30 seconds in any consecutive 60 minutes. 304 LARGE HMIWI OPACITY: A large HMIWI shall comply with the opacity requirements as specified in 40 CFR 60, Sections 60.52c(c), (d), and (e). 305 NIGHT BURNING: No person shall operate a medical waste incinerator between sunset and the following sunrise unless a continuous opacity (particulate) recorder is operating at all times when there is any combustion within the incinerator. Such recorder shall be in compliance with Section 501.1 of this rule. 306 INCORPORATION BY REFERENCE: All CFR references as of July 1, 2009 that are listed below and in various sections of this rule are adopted and incorporated by reference. These adoptions by reference include no future editions or amendments. Copies of these CFR references are available at the Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ, 85004, or by calling (602) 506-0169 for information. 317-10 40 CFR 60, Subpart Ec 40 CFR 60, Sections 60.52c(c), (d), and (e) 40 CFR 60, Section 60.56c 40 CFR 60, Section 60.57c 40 CFR 60, Sections 60.58c(b), (c), (d), (e), and (f) 40 CFR 60, Appendix A and Appendix B 40 CFR 70 SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: On the effective date of an EPA approved operating permit program under Clean Air Act Title V and the implementing regulations under 40 CFR 70 in Arizona, whichever date is later, designated facilities subject to this rule shall operate pursuant to a permit issued under the EPA-approved operating permit program. SECTION 500 – MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: Except as provided in Section 502, all requirements for compliance and performance testing listed in 40 CFR 60.56c shall be required of each HMIWI, excluding the fugitive emissions testing requirements under Sections 60.56c(b)(12) and (c)(3). 501.1 Any person subject to Section 304 of this rule shall operate and maintain all of the following continuous data recording systems. All required systems shall be completely and properly operating during all periods of combustion within the incinerator, and each shall include a real-time recording device that creates a clear, legible record at all times of operation. 501.2 Opacity of stack emissions or other indicator of particulate matter which is approved by the Control Officer. Pursuant to Section 305 of this rule, any incinerator burning after sunset must be equipped with a continuously recording opacity monitor, regardless of capacity. The opacity monitor shall be located after (downstream of) all control equipment, prior to the stack exit, and prior to any dilution with ambient air. The opacity monitor shall at all times comply with the EPA Performance Specification 1 (40 CFR 60, Appendix B) and shall be calibrated no less than once each day. 502 RECORDKEEPING AND REPORTING: Each HMIWI shall comply with the requirements listed in 40 CFR 60.58c(b), (c), (d), (e), and (f), excluding 40 CFR 60.58c(b)(2)(ii) (fugitive emissions) and (b)(7) (siting). 503 HMIWI MONITORING REQUIREMENTS: An existing HMIWI shall comply with the monitoring requirements of 40 CFR 60.57c. 317-11 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 318 APPROVAL OF RESIDENTIAL WOODBURNING DEVICES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 APPROVED WOODBURNING DEVICE 202 FIREPLACE 203 MANUFACTURER 204 MASONRY HEATER 205 PELLET STOVE 206 RESIDENCE 207 SOLID FUEL 208 WOODSTOVE, WOODHEATER, OR CONVENTIONAL WOODSTOVE SECTION 300 - STANDARDS 301 DESCRIPTION OF RESIDENTIAL DEVICES APPROVED FOR BURNING WOOD 302 REQUIRED INFORMATION FOR MASONRY HEATERS AND ANY OTHER RESIDENTIAL SOLID FUEL BURNING DEVICES SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 318.1 BLANK PAGE 318.2 Adopted 10/05/94 Revised 04/21/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 318 APPROVAL OF RESIDENTIAL WOODBURNING DEVICES SECTION 100 - GENERAL 101 PURPOSE: Rule 318 describes the standards for approval of residential woodburning devices. 102 APPLICABILITY: Rule 318 applies to the approval of residential woodburning devices that may be exempted from the restrictions established by the Residential Woodburning Restriction Ordinance. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 APPROVED WOODBURNING DEVICE - The following residential devices shall be approved woodburning devices, even though such devices may burn a solid fuel other than wood: 201.1 A device that has been certified by the Environmental Protection Agency (EPA) as conforming to Phase II EPA Standards for Wood Heaters in 40 Code of Federal Regulations (CFR) 60, Subpart AAA as amended through July 1, 1998. 201.2 Any pellet stove. 201.3 Any gas burning hearth appliances, including a dedicated gas logset permanently installed in any kind of woodburning fireplace. 201.4 Any masonry heater or any other solid fuel burning device that meets performance standards that are equivalent to the standards in 40 CFR 60, Subpart AAA as amended through July 1, 1998, and that is approved by the Control Officer and the Administrator of EPA. 202 FIREPLACE - A chimney-connected, solid fuel or gas burning appliance, with or without glass doors, that is intended primarily for occasional recreational and aesthetic use and only secondarily for incidental or supplemental heating and that ordinarily is permanently installed into the structure of a building. 203 MANUFACTURER - Any person who constructs or imports a residential woodburning device or parts for a residential woodburning device. 318.3 204 MASONRY HEATER - A vented, woodburning radiant heating system that is designed to burn rapidly and to capture and store the resultant heat energy in the mass of the appliance through internal heat exchange flue channels. A masonry heater is constructed primarily of masonry materials (brick, stone, tile, concrete, mortar, or refractory), weighs at least 1,754 lbs (800 kgs.), and is either site built or assembled from factory made components. 205 PELLET STOVE - A safety listed appliance, such as an appliance that has been tested in an accredited laboratory (i.e., UL, Warnock Hersey), designed to burn only wood pellets or any naturally pelleted fuel, such as but not limited to, cherry pits, corn, or olive pits. A pellet stove is incapable of burning wood and may or may not be certified under 40 CFR 60.530. 206 RESIDENCE - A residence shall be deemed to include single and multiple dwellings, hotels, motels, dormitories, and mobile homes, and the use of a room or group of rooms for the living, sleeping, and housekeeping activities of persons on a permanent or semi-permanent basis. 207 SOLID FUEL - Includes, but is not limited to, wood, nongaseous fuel, nonliquid fuel, oil, natural gas, electricity, liquid petroleum (LP) gas, and propane. 208 WOODSTOVE, WOODHEATER, OR CONVENTIONAL WOODSTOVE - A wood heating appliance, either free-standing or inserted into a fireplace, belonging to a model line that is not an EPA-certified model line. A woodstove, woodheater, or conventional woodstove does not include a barbecue device, a cookstove, a boiler, nor a furnace, as defined in 40 CFR 60.530(c). SECTION 300 - STANDARDS 301 DESCRIPTION OF RESIDENTIAL DEVICES APPROVED FOR BURNING WOOD: Effective September 30, 1994, the following residential devices shall be approved for burning wood, even though such devices may burn a solid fuel other than wood: 301.1 A device that has been certified by EPA as conforming to Phase II EPA Standards for Wood Heaters in 40 CFR 60, Subpart AAA as amended through July 1, 1998. 301.2 Any pellet stove. 301.3 Any gas burning hearth appliances, including a dedicated gas logset permanently installed in any kind of woodburning fireplace. 301.4 Any masonry heater or any other solid fuel burning device that meets performance standards that are equivalent to the standards in 40 CFR 60, Subpart AAA as amended through July 1, 1998, and that is approved by the Control Officer and the Administrator of EPA. 318.4 302 REQUIRED INFORMATION FOR MASONRY HEATERS AND ANY OTHER RESIDENTIAL SOLID FUEL BURNING DEVICES: The manufacturer, operator, and/or installer of any device described in subsection 301.4 of this rule shall provide to the Control Officer: 302.1 An affidavit that attests that the device has been certified by another air pollution control agency, provided the certification procedures and testing protocols used by that agency are determined by the Control Officer and the Administrator of EPA to be substantially equivalent to the certification procedures and testing protocols used by the Northern Sonoma County Air Pollution Control District; and 302.2 All other information determined by the Control Officer and the Administrator of EPA to be needed for an adequate evaluation of the device. 318.5 BLANK PAGE 318.6 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 319 GINNING OPERATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 EMISSION CONTROL SYSTEM (ECS) 202 EMISSIONS UNIT 203 GINNING OPERATION 204 HIGH EFFICIENCY CYCLONE 205 LINT HANDLING SYSTEMS EXHAUST 206 SEED COTTON HANDLING AND TRASH SYSTEMS EXHAUST SECTION 300 - STANDARDS 301 LIMITATIONS - OPACITY/GENERAL 302 CONTROLS REQUIRED 303 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT 304 TRASH HOPPER DUMPING SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 CONTROL EQUIPMENT COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION 503 TEST METHODS ADOPTED BY REFERENCE 319.1 BLANK PAGE 319.2 Adopted 4/07/99 Revised 11/19/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 319 GINNING OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the discharge of particulate matter from ginning operations by establishing emission and control standards. 102 APPLICABILITY: This r ule ap plies t o al l n ew, e xisting an d mo dified ginning operations. SECTION 200 - DEFINITIONS: See R ule 100 (G eneral P rovisions an d D efinitions) o f t hese rules for definitions of terms that are used but not specifically defined in this rule. For the purposes of this rule the following definitions shall apply: 201 EMISSION CONTROL SYSTEM (ECS) - A system for reducing emissions of particulates, consisting of both collection and control devices which are approved in wr iting b y t he Co ntrol O fficer an d ar e d esigned an d operated in accordance with good engineering practices. 202 EMISSIONS UNIT - Any part of a stationary source which emits or would have the potential to emit any regulated air pollutant. Each piece of equipment shall be considered a single emissions unit for the purpose of this rule. 203 GINNING OPERATION - Any facility o r p lant t hat p rocesses r aw h arvested seed cotton by separating fiber from the seed, removes trash from both seed cotton and ginned fiber, and packages the cotton fiber into bales. 204 HIGH EFFICIENCY CYCLONE - Any cyclone type collector of the 2D-2D or 1D3D configuration, designations referring to the ratio of cylinder l ength to cone length, where D is the diameter of the cylinder portion. A 2D-2D cyclone has a body and cone length that are twice as long as the cyclone diameter. A 1D-3D cyclone has a b ody that is the same length as the diameter but the cone length is three times the diameter. 319.3 205 LINT HANDLING SYSTEMS EXHAUST - The exhaust air systems at a cotton gin that handle air from the cotton lint handling system, battery condenser and mote handling systems. 205 SEED COTTON HANDLING AND TRASH SYSTEM EXHAUST - The exhaust cotton handling air systems located at a cotton gin that are not defined as “lint handling systems exhaust SECTION 300 - STANDARDS 301 LIMITATIONS - OPACITY/GENERAL: No p erson s hall discharge i nto t he ambient air from any ginning operation any air contaminant, other than uncombined water, in excess of 20 percent opacity. 302 CONTROLS REQUIRED: An owner or operator shall perform the following: 302.1 Control e ach u nit t hat i s f ed b y s eed-cotton unloading, first seed-cotton cleaning and master trash systems with an ECS that includes a 1D-3D cyclone or equivalent device with at least a 95% efficiency. 302.2 Effective A pril 7, 2004, control the remaining seed cotton handling an d trash exhaust emission units with an ECS that includes a 1D-3D cyclone or equivalent device with at least a 95% efficiency. 302.3 Effective April 7, 2004, control all lint handling exhaust emissions units with an ECS that includes at least a 2D-2D cyclone or equivalent device with at least a 90% efficiency. 303 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT 303.1 Operation And Maintenance (O&M) Plan Requirements For ECS: a. An o wner o r o perator s hall p rovide an d mai ntain (an ) O &M P lan (s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that ar e u sed pursuant t o this rule o r to an air pollution control permit. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. 303.2 Providing And Maintaining ECS Monitoring Devices: An owner or operator operating an ECS pursuant to this rule shall install, maintain and calibrate monitoring devices described in the O&M Plan. The monitoring devices shall measure pressures, rates of flow and/or other operating 319.4 conditions necessary to d etermine i f t he c ontrol d evices ar e fu nctioning properly. 303.3 O&M Plan Responsibility: An owner or operator of a facility that is required t o have an O&M Plan pursuant to s ubsection 303. 1 must fully comply with all O&M Plans that the owner or operator has submitted for approval, but wh ich h ave n ot y et b een ap proved, u nless n otified otherwise by the Control Officer in writing. 304 TRASH HOPPER DUMPING: Any owner o r operator shall dump t rash into a hopper t hat mu st u tilize an e nclosure wi th a mi nimum o f t wo s ides i n o rder to minimize fugitive emissions. The sides of the enclosure shall prevent wind dispersion b y e nsuring that the height o f t he e nclosure e xtends ab ove t he opening of the dumping device. If an auger is used to transport the trash into a hopper, the open end of the auger or auger sleeve shall be below the top of the enclosure. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 CONTROL EQUIPMENT COMPLIANCE PLAN SCHEDULE: Any owner or operator who has not complied with Section 300 of this rule by April 7, 1999 shall submit to the Control Officer: a. A notice of intent to achieve compliance with this rule no later than October 4,1999. b. A compliance plan, following the intent o f n otice, t hat s pecifies an ticipated dates fo r c ompleting i ncrements o f p rogress i n t he p lan. A t a minimum this plan shall include a d esign s cheme, ac tual d ate t hat t he e quipment was ordered o r p urchased, an ticipated d elivery d ate, installation schedule and anticipated start-up dates and starting dates. The Control Officer may require a person submitting a compliance p lan t o s ubmit s ubsequent r eports o n progress in achieving compliance. c. No later than 180 days after the control equipment is considered to be in compliance wi th t his r ule, t he o wner o r o perator s hall fi le the O&M Plan, as stated in Section 303 of this rule, with the Control Officer. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: The owner or operator subject to this rule shall comply with the following record requirements. These records shall be kept for a period of five (5) years. 319.5 501.1 Process Records: For e ach d ay o f o peration, t he o wner o r operator shall record t he total hours d uring wh ich a ginning operation was conducted, the number of bales of cotton produced and the total weight of all bales produced. 501.2 ECS O & M Plan Records: An owner or operator shall maintain a record of the periods of time that an approved ECS is used to comply with this rule. K ey system parameters s uch as fan s tatic pressures, visible emission checks and other variable parameters necessary to determine if the control equipment is functioning properly shall be recorded in accordance with the approved O&M Plan. The records shall account for any periods when the control system was n ot operating. T he owner or operator shall also maintain r ecords o f al l mai ntenance p erformed according to the O&M Plan. The results of the visual inspection, and any corrective action taken if necessary, shall also be recorded. 502 COMPLIANCE DETERMINATIONS: The owner o r o perator s hall c onduct maintenance evaluations of the control device to ensure continuing proper flow through t he c ollection s ystem. T his e valuation s hall c onsist o f al l o f t he following: 502.1 An initial baseline study of the entire dust collection system to determine if the system is properly balanced to ensure maximum particulate matter collection efficiency. This evaluation shall be made prior to October 1999 following the adoption of the rule. If this initial baseline study shows that any of the systems are not properly balanced then a subsequent baseline study shall be made of t he system o r systems aft er t he s ystem o r systems have been modified. The baseline study shall be conducted using EPA Method 2, as incorporated by reference in section 503.1(b). During the baseline study, the i nlet v elocity, fan s tatic p ressure d ownstream o f each fan, and the cyclone pressure drop at local conditions shall also be determined and recorded for reference. The baseline study shall be performed under unloaded conditions. The cyclones shall be operated at +/- 20% of the design gas velocity at local conditions. The design velocity is 2,700 to 3,600 ft./min. for 2D-2D cyclones and 2,800 to 3,600 ft./min. fo r 1D -3D cyclones. E quivalent s ystems s hall e stablish al ternate baseline parameters through performance testing that are approved by the Control Officer in writing. 502.2 Weekly checks referenced to the established baseline parameters shall be made t o e nsure t hat t he c ontrol s ystem i s o perating wi thin +/- 20% o f the designed inlet velocity range at local conditions. These checks shall be made by d irect s tatic p ressure me asurements at e ach fan u sing a manometer, velometer or other equivalent measuring device approved by 319.6 the Control Officer at the same sample ports that were used in the baseline study. 502.3 Visual checks of the ECS for leaks, holes and excessive visible emissions shall be conducted and recorded during each day of operation. 503 TEST METHODS ADOPTED BY REFERENCE: The Environmental Protection Agency (EPA) test methods, as they exist in the Code of Federal Regulations, adopted as o f J uly 1, 2002, as l isted b elow, a re a dopted b y r eference. T hese adoptions by reference include no future editions or amendments. Copies of test methods referenced in section 503.1 are available at the Maricopa County Environmental Services Department, Suite 201, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. 503.1 Test Methods: a. Opacity Determination: The opacity determinations shall be conducted i n a ccordance w ith t he t echniques s pecified in EPA Reference Method 9, 40 CFR Part 60, Appendix A. b. Velocity And Volumetric Flow Rate: The velocity and volumetric flow rate shall be determined according to EPA Reference Method 2, 40 CFR Part 60, Appendix A. c. Particulate Emissions: The amount of p articulate mat ter s hall be determined according to EPA Reference Method 5, 40 CFR Part 60, Appendix A. d. Sample and Velocity Traverses for Stationary Sources: The sample and velocity traverses shall b e d etermined a ccording t o EPA Reference Method (s)1 40 CFR Part 60, Appendix A. 319.7 BLANK PAGE 319.8 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 320 ODORS AND GASEOUS AIR CONTAMINANTS INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS 201 HIGH SULFUR OIL 202 LOW SULFUR OIL 203 ODORS 204 REDUCTION SECTION 300 - STANDARDS 301 ANIMAL AND VEGETABLE MATTER REDUCTION 302 MATERIAL CONTAINMENT REQUIRED 303 REASONABLE STACK HEIGHT REQUIRED 304 LIMITATION - HYDROGEN SULFIDE 305 PERMIT CONDITIONS-HIGH SULFUR OIL 306 LIMITATION - SULFUR FROM INDUSTRIES 307 OPERATING REQUIREMENTS - ASPHALT KETTLES AND DIP TANKS SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 320.1 BLANK PAGE 320.2 Revised 07/13/88 Revised 07/02/03 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 320 ODORS AND GASEOUS AIR CONTAMINANTS SECTION 100 - GENERAL 101 PURPOSE: To limit the emissions of odors and other gaseous air contaminants into the atmosphere. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 HIGH SULFUR OIL - Fuel oil containing 0.05 percent or more by weight of sulfur. 202 LOW SULFUR OIL - Fuel oil containing less than 0.05 percent by weight of sulfur. 203 ODORS - Smells, aromas or stenches commonly recognized as offensive, obnoxious or objectionable to a substantial part of a community. 204 REDUCTION - Any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating. SECTION 300 - STANDARDS: No person shall emit gaseous or odorous air contaminants from equipment, operations or premises under his control in such quantities or concentrations as to cause air pollution. 301 ANIMAL AND VEGETABLE MATTER REDUCTION: No person shall operate or use any machine, equipment or other contrivance for the reduction of animal or vegetable matter, separately or in combination, unless all gases, vapors and gas-entrained effluents have been incinerated to destruction at a temperature of not less than 1,300 degrees fahrenheit or processed in a manner determined by the Control Officer to be equally or more effective for the control of air pollution. 302 MATERIAL CONTAINMENT REQUIRED: Materials including, but not limited to, solvents or other volatile compounds, paints, acids, alkalies, pesticides, fertilizer and manure shall be processed, stored, used and transported in such a 320.3 manner and by such means that they will not unreasonably evaporate, leak, escape or be otherwise discharged into the ambient air so as to cause or contribute to air pollution. Where means are available to reduce effectively the contribution to air pollution from evaporation, leakage or discharge, the installation and use of such control methods, devices or equipment shall be mandatory. 303 REASONABLE STACK HEIGHT REQUIRED: Where a stack, vent or other outlet is at such a level that air contaminants are discharged to adjoining property, the Control Officer may require the installation of abatement equipment or the alteration of such stack, vent, or other outlet to a degree that will adequately dilute, reduce or eliminate the discharge of air contaminants to adjoining property. 304 LIMITATION - HYDROGEN SULFIDE: No person shall emit hydrogen sulfide from any location in such a manner or amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.03 parts per million by volume for any averaging period of 30 minutes or more. 305 PERMIT CONDITIONS - HIGH SULFUR OIL: Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil by the permittee. The applicant must demonstrate to the Control Officer that sufficient quantities of low sulfur oil are not available for use by the source and that it has adequate facilities and contingency plans to insure that the sulfur dioxide ambient air quality standards set forth in Rule 510 of these Regulations will not be violated. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Control Officer monthly reports detailing its efforts to obtain low sulfur oil. When the conditions justifying the use of high sulfur oil no longer exist, the permit shall be modified accordingly. 306 LIMITATION - SULFUR FROM OTHER INDUSTRIES: No person shall discharge into the atmosphere from any industry, reduced sulfur, which includes sulfur equivalent from all sulfur emissions including but not limited to sulfur dioxide, sulfur trioxide and sulfuric acid, in excess of ten percent of the sulfur entering the process as feed. 307 OPERATING REQUIREMENTS - ASPHALT KETTLES AND DIP TANKS: 307.1 No person shall operate an asphalt kettle or dip tank unless the owner or operator controls air contaminant emissions by good modern practices, including but not limited to: 320.4 a. Maintenance of temperature below both the asphalt flash point and the maximum temperature recommended by the asphalt manufacturer through the use of automatic temperature controls. b. Operation of the kettle or dip tank with the lid closed except when charging. c. Pumping or drawing the asphalt through cocks without dipping. d. Firing of the kettle or dip tank with a clean burning fuel. e. Maintaining the kettle or dip tank in clean, properly adjusted and good operating condition. 307.2 The visible emissions from the operation of an asphalt kettle or dip tank shall comply with the provisions of Rule 300. 320.5 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 321 MUNICIPAL SOLID WASTE LANDFILLS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 AVAILABILITY OF INFORMATION SECTION 200 – DEFINITIONS 201 ADMINISTRATOR 202 AFFECTED FACILITY 203 COMMENCED 204 CONSTRUCTION 205 MODIFICATION 206 MUNICIPAL SOLID WASTE LANDFILL (MSW LANDFILL) 207 NMOC 208 OWNER OR OPERATOR SECTION 300 – STANDARDS 301 STANDARDS OF PERFORMANCE FOR MSW LANDFILLS 302 DELAYED APPLICABILITY SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 321-1 BLANK PAGE 321-2 Adopted 05/14/97 Revised 03/01/00 Revised 03/07/01 Revised 11/19/03 Revised 03/15/06 Revised 12/17/08 Revised 09/16/09 Revised 07/07/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 321 MUNICIPAL SOLID WASTE LANDFILLS SECTION 100 – GENERAL 101 PURPOSE: To limit the emission of nonmethane organic compounds from municipal solid waste landfills. 102 APPLICABILITY: The provisions of this rule shall apply to each municipal solid waste landfill for which construction, reconstruction, or modification commenced prior to May 30, 1991, and which has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition. 103 AVAILABILITY OF INFORMATION: Copies of 40 CFR 60, Subpart WWW are available at the Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ, 85004, or by calling (602) 506-0169 for information. SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 ADMINISTRATOR – The Control Officer, except that the Control Officer shall not be empowered to approve alternative or equivalent test methods. 202 AFFECTED FACILITY – Any municipal solid waste landfill to which this rule is applicable. 203 COMMENCED – State or condition where an owner or operator has undertaken a continuous program of construction; or where an owner or operator has entered into a contractual obligation to undertake and complete such a program. 204 CONSTRUCTION – The fabrication, erection, or installation of an affected facility. 321-3 205 MODIFICATION – Any physical change in, or change in the method of operation of, an affected facility which would result in a change in actual emissions. 206 MUNICIPAL SOLID WASTE LANDFILL (MSW LANDFILL) – An entire, publicly or privately owned, disposal facility in a contiguous geographical space where household waste is placed in or on land. Portions of a MSW landfill may be separated by access roads. 207 NMOC – Nonmethane organic compound. 208 OWNER OR OPERATOR – Any person who owns, leases, operates, controls, or supervises an affected facility. SECTION 300 – STANDARDS 301 STANDARDS OF PERFORMANCE FOR MSW LANDFILLS The federal standards of performance for municipal solid waste landfills set forth in 40 CFR 60, Subpart WWW adopted as of July 1, 2009, and all accompanying appendices, excluding 40 CFR 60.750, are adopted and incorporated by reference with the amendments and revisions set forth in this section. This adoption by reference includes no future editions or revisions. Each owner or operator of an affected facility shall comply with the requirements of 40 CFR 60, Subpart WWW as adopted and, where applicable, revised herein. 301.1 Collection and Control System Design Plan: 40 CFR 60.752(b)(2)(i) is amended to read: “Submit a collection and control design plan prepared by a professional engineer to the Administrator for approval not later than 12 months after submittal of the initial NMOC emission rate report.” 301.2 Design Capacity Report: 40 CFR 60.757(a) is amended to read “Each owner or operator of an affected facility shall submit an initial design capacity report to the Administrator within 90 days from May 14, 1997.” 40 CFR 60.757(a)(1) is deleted. 301.3 NMOC Emission Rate Report: 40 CFR 60.757(b) is amended to read “Each owner or operator of an affected facility shall submit an NMOC emission rate report to the Administrator initially and annually thereafter, except as provided for in paragraphs (b)(1)(ii) or (b)(3) of this section. The Administrator may request such additional information as may be necessary to verify the reported NMOC emission rate.” 40 CFR 60.757(b)(1)(i) is amended to read: “The initial NMOC emission rate report shall be submitted within 90 days from May 14, 1997 and may be combined with the initial design capacity report required in paragraph (a) of this section. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in paragraphs (b)(1)(ii) and (b)(3) of this section.” 321-4 302 DELAYED APPLICABILITY: For an affected facility that first becomes subject to the collection and control system requirement of 40 CFR 60.752 after May 14, 1997, the design plan shall be due not later than 12 months after submittal or scheduled submittal of an NMOC emission rate report of 50 megagrams (55.12 tons) per year or more. SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 321-5 BLANK PAGE 321-6 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 322 POWER PLANT OPERATIONS INDEX SECTION 100-GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS 104 PARTIAL EXEMPTIONS SECTION 200-DEFINITIONS 201 COGENERATION STEAM GENERATING UNIT 202 COMBINED CYCLE GAS TURBINE 203 CONTINUOUS EMISSION MONITORING SYSTEM (CEMS) 204 COOLING TOWERS 205 CORRECTIVE ACTION PLAN (CAP) 206 DISTILLATE OIL 207 DRIFT 208 DRIFT ELIMINATOR 209 DRIFT RATE 210 ELECTRIC UTILITY STATIONARY GAS TURBINE 211 ELECTRIC UTILITY STEAM GENERATING UNIT 212 EMERGENCY FUEL 213 EMISSION CONTROL SYSTEM (ECS) 214 FOSSIL FUEL 215 FUEL SWITCHING STARTUP PROCESS 216 HEAT INPUT 217 HIGHER HEATING VALUE (HHV) 218 LOW SULFUR OIL 219 LOWER HEATING VALUE (LHV) 220 NATURAL GAS CURTAILMENT 322.1 221 OPACITY 222 PARTICULATE MATTER EMISSIONS 223 PEAK LOAD 224 POWER PLANT OPERATION 225 RATED HEAT INPUT CAPACITY 226 REGENERATIVE CYCLE GAS TURBINE 227 RESIDUAL OIL 228 SIMPLE CYCLE GAS TURBINE 229 STATIONARY GAS TURBINE 230 SULFUR OXIDES (SOx) 231 THIRTY (30) DAY ROLLING AVERAGE 232 THREE (3) HOUR ROLLING AVERAGE 233 TOTAL DISSOLVED SOLIDS (TDS) 234 UNCOMBINED WATER SECTION 300 – STANDARDS 301 LIMITATIONS – PARTICULATE MATTER 302 LIMITATIONS – OPACITY 303 LIMITATIONS - SULFUR IN FUEL 304 LIMITATIONS –NITROGEN OXIDES 305 LIMITATIONS –CARBON MONOXIDE 306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT 307 EMERGENCY FUEL USE NOTIFICATION SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 RECORDS RETENTION 503 COMPLIANCE DETERMINATION 504 TEST METHODS INCORPORATED BY REFERENCE 322.2 PAGE BREAK 322.3 Adopted 7/02/03 Revised 10/17/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 322 POWER PLANT OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the discharge of nitrogen oxides, sulfur oxides, particulate matter and carbon monoxide emissions into the atmosphere from stationary fossil-fuel-fired equipment at existing power plants and existing cogeneration plants and to limit particulate matter emissions from cooling towers associated with this equipment. 102 APPLICABILITY: This rule applies to any of the following types of equipment that burn fossil fuel for which construction commenced prior to May 10, 1996: 102.1 Each electric utility steam generating unit or cogeneration steam generating unit used to generate electric power that has a heat input of equal to or greater than 100 million (MM) Btu/hour (29 megawatts (MW)). 102.2 Each electric utility stationary gas turbine with a heat input at peak load equal to or greater than 10 MMBtu/hour (2.9 MW) based upon the lower heating value of the fuel. 322.4 102.3 Each cooling tower associated with the type of equipment listed in subsections 102.1 and 102.2. 103 EXEMPTIONS: This rule shall not apply to the following types of equipment: 103.1 Combustion equipment associated with nuclear power plant operations; or 103.2 Reciprocating internal combustion equipment. 104 PARTIAL EXEMPTIONS: 104.1 Stationary gas turbines that meet any of the following criteria listed below are exempt from Sections 304 and 305 and subsections 301.1, 301.2, 306.4, and 501.4 of this rule: a. Used for fire fighting; or b. Used for flood control; or c. Used in the military at military training facilities or military gas turbines for use in other than a garrison; or d. Engaged by manufacturers in research and development of equipment for either gas turbine emission control techniques or gas turbine efficiency improvements. 104.2 All equipment listed in Section 102 fired with an emergency fuel that is normally fired with natural gas is exempt from Sections 304 and 305 and subsections 301.1, 301.2, and 306.4, 501.4 of this rule. 322.5 104.3 All equipment listed in Section 102 shall be exempt from Sections 304 and 305 and subsections 301.1, 301.2, and 306.4, of this rule for 36 cumulative hrs. of firing emergency fuel per year, per unit for testing, reliability, training, and maintenance purposes. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 COGENERATION STEAM GENERATING UNIT – A steam or hot water generating unit that simultaneously produces both electrical (or mechanical) and thermal energy (such as heat or steam) from the same primary energy source and supplies more than one-third of its potential electric output to any utility power distribution system for sale. 202 COMBINED CYCLE GAS TURBINE – A type of stationary gas turbine wherein heat from the turbine exhaust is recovered by a steam generating unit to make steam for use in a steam-electric turbine. 203 CONTINUOUS EMISSION MONITORING SYSTEM (CEMS) – The total equipment required to sample and analyze emissions or process parameters such as opacity, nitrogen oxide, and oxygen or carbon dioxide, and to provide a permanent data record. 204 COOLING TOWERS – Open water recirculating devices that use fans or natural draft to draw or force air through the device to cool water by evaporation and direct contact. 205 CORRECTIVE ACTION PLAN (CAP) - A methodical procedure that is used to evaluate and correct a turbine operational problem and that includes, at a minimum, improved preventative maintenance procedures, improved ECS operating practices, possible operational changes, and progress reports. 322.6 206 DISTILLATE OIL – A petroleum fraction of fuel oil produced by distillation that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D396-01, “Standard Specification for Fuel Oils.” 207 DRIFT – Water droplets, bubbles, and particulate matter that escape from cooling tower stacks. 208 DRIFT ELIMINATOR – Device used to remove drift from cooling tower exhaust air, thus reducing water loss by relying on rapid changes in velocity and direction of air-droplet mixtures by impaction on eliminator passage surfaces. A drift eliminator is not categorized as an emission control system but is an inherent part of the cooling tower's design requirements. 209 DRIFT RATE – Percentage (%) of circulating water flow rate that passes through a drift eliminator on a cooling tower. 210 ELECTRIC UTILITY STATIONARY GAS TURBINE – Any stationary gas turbine that is constructed for the purpose of supplying more than 1/3 of its potential electric output capacity to any utility power distribution system for sale. Both simple and combined cycle gas turbines are types of electric utility stationary gas turbines. 211 ELECTRIC UTILITY STEAM GENERATING UNIT – Any steam electric generating unit that uses fossil fuel and is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electric output to any utility power distribution system for sale. 212 EMERGENCY FUEL - Fuel fired only during circumstances such as natural gas emergency, natural gas curtailment, or breakdown of delivery system 322.7 such as an unavoidable interruption of supply that makes it impossible to fire natural gas in the unit. Fuel is not considered emergency fuel if it is used to avoid either peak demand charges or high gas prices during on-peak price periods or due to a voluntary reduction in natural gas usage by the power company. 213 EMISSION CONTROL SYSTEM (ECS) – A system approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions. 214 FOSSIL FUEL – Naturally occurring carbonaceous substances from the ground such as natural gas, petroleum, coal and any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating energy. 215 FUEL SWITCHING STARTUP PROCESS – The act of changing from one type of fuel to a different type of fuel. 216 HEAT INPUT – Heat derived from the combustion of fuel, not including the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources, such as gas turbines, internal combustion engines, and kilns. 217 HIGHER HEATING VALUE (HHV) or GROSS HEATING VALUE – The amount of heat produced by the complete combustion of a unit quantity of fuel determined by a calorimeter wherein the combustion products are cooled to the temperature existing before combustion and all of the water vapor is condensed to liquid. 218 LOW SULFUR OIL – Fuel oil containing less than or equal to 0.05 % by weight of sulfur. 322.8 219 LOWER HEATING VALUE (LHV) OR NET HEATING VALUE – The amount of heat produced by the complete combustion of a unit quantity of fuel determined by a calorimeter wherein the combustion products are cooled to the temperature existing before combustion and all of the water vapor remains as vapor and is not condensed to a liquid. The value is computed from the higher heating value by subtracting the water originally present as moisture and the water formed by combustion of the fuel. 220 NATURAL GAS CURTAILMENT - An interruption in natural gas service, such that the daily fuel needs of a combustion unit cannot be met with natural gas available due to one of the following reasons, beyond the control of the owner or operator: 220.1 An unforeseeable failure or malfunction, not resulting from an intentional act or omission that the governing state, federal or local agency finds to be due to an act of gross negligence on the part of the owner or operator; or 220.2 A natural disaster; or 220.3 The natural gas is curtailed pursuant to governing state, federal or local agency rules or orders; or 220.4 The serving natural gas supplier provides notice to the owner or operator that, with forecasted natural gas supplies and demands, natural gas service is expected to be curtailed pursuant to governing state, federal or local agency rules or orders. 221 OPACITY – A condition of the ambient air, or any part thereof, in which an air contaminant partially or wholly obscures the view of an observer. 322.9 222 PARTICULATE MATTER EMISSIONS – Any and all particulate matter emitted to the ambient air as measured by applicable state and federal test methods. 223 PEAK LOAD – 100% of the manufacturer’s design capacity of a gas turbine at 288° Kelvin, 60% relative humidity, and 101.3 kilopascals pressure (ISO standard day conditions). 224 POWER PLANT OPERATION – An operation whose purpose is to supply more than one-third of its potential electric output capacity to any utility power distribution system for sale. 225 RATED HEAT INPUT CAPACITY – The heat input capacity in million Btu/hr. as specified on the nameplate of the combustion unit. If the combustion unit has been altered or modified such that its maximum heat input is different than the heat input capacity on the name plate, the maximum heat input shall be considered the rated heat input capacity. 226 REGENERATIVE CYCLE GAS TURBINE – Any stationary gas turbine that recovers thermal energy from the exhaust gases and utilizes the thermal energy to preheat air prior to entering the combustion unit. 227 RESIDUAL OIL – The heavier oils that remain after the distillate oils and lighter hydrocarbons are distilled off in refinery operations. This includes crude oil or fuel oil numbers 1 and 2 that have a nitrogen content greater than 0.05 % by weight, and all fuel oil numbers 4, 5, and 6, as defined by the American Society of Testing and Materials in ASTM D396-01, “Standard Specifications for Fuel Oils.” 228 SIMPLE CYCLE GAS TURBINE – Any stationary gas turbine that does not recover heat from the gas turbine exhaust gases to preheat the inlet 322.10 combustion air to the gas turbine, or that does not recover heat from the gas turbine exhaust gases to heat water or generate steam. 229 STATIONARY GAS TURBINE – Any simple cycle gas turbine, regenerative gas turbine or any gas turbine portion of a combined cycle gas turbine that is not self propelled or that is attached to a foundation. 230 SULFUR OXIDES (SOx) – The sum of the oxides of sulfur emitted from the flue gas from a combustion unit that are directly dependent upon the amount of sulfur in the fuel used. 231 THIRTY (30) DAY ROLLING AVERAGE – An arithmetic mean or average of all hourly emission rates for 30 successive combustion equipment operating days and calculated by a CEMS every hour. 232 THREE (3) HOUR ROLLING AVERAGE – An arithmetic mean or average of the most recent three one (1) hour tests, or an arithmetic mean or average over a period of three hours which is newly calculated with each hourly measurement. 233 TOTAL DISSOLVED SOLIDS (TDS) – The amount of concentrated matter reported in milligrams/liter (mg/l) or parts per million (ppm) left after filtration of a well-mixed sample through a standard glass fiber filter. The filtrate is evaporated to dryness in a weighed dish and dried to constant weight at 180° C and the increase in dish weight represents the total dissolved solids. 234 UNCOMBINED WATER – Condensed water containing no more than analytical trace amounts of other chemical elements or compounds. 322.11 SECTION 300 – STANDARDS 301 LIMITATIONS – PARTICULATE MATTER: 301. 1 Fuel Type: An owner or operator of any combustion equipment listed in Section 102 shall burn only natural gas except when firing emergency fuel per subsections 104.2 and 104.3 of this rule. An owner or operator may burn a fuel other than natural gas for nonemergency purposes providing that the fuel shall not cause to be discharged more than 0.007 lbs. of particulate matter per MMBtu, demonstrated and documented through performance testing of this alternate fuel using Test Method 5. This usage of different fuels other than natural gas shall be approved by the Control Officer prior to usage. 301.2 Particulate Matter Testing – A backhalf analysis shall be performed, using Reference Method 202 referenced in subsection 504.6, each time a compliance test for particulate matter emissions to meet the standard in subsection 301.1 of this rule is performed using Test Method 5. 301.3 Good Combustion Practices for Turbines: An owner or operator of any stationary gas turbine listed in subsection 102.2, regardless of fuel type, shall use operational practices recommended by the manufacturer and parametric monitoring to ensure good combustion control as listed below. One of the following procedures may be used: a. Monitor the maximum temperature differential across the combustion burners or at locations around the back end of the turbine, dependent upon the particular unit, to ensure no more than a 100°F difference using a thermocouple. If a valid 322.12 maximum temperature differential of greater than 100°F is observed across the burners, investigation and corrective action shall be taken within three hours to reduce the temperature difference to 100°F or less; or b. If the manufacturer recommends that the maximum numerical temperature differential to ensure good combustion is a temperature that is greater than 100°F, then proof of this maximum alternate temperature shall be submitted to the Control Officer. The procedure to measure the maximum temperature differential listed above in subsection 301.3a shall then be followed using this alternate recommended maximum temperature differential after approval by the Control Officer. c. If the frequency of failure to meet the proper temperature differential of 100°F or to meet the alternate temperature differential recommended by the manufacturer reflects a pattern that the turbine is not being operated in a manner consistent with good combustion practices, then the Control Officer may require the owner or operator to submit a Corrective Action Plan (CAP). 301.4 Cooling Towers: An owner or operator of a cooling tower associated with applicable units listed in Section 102 shall: a. Equip the cooling tower with a drift eliminator. The drift eliminator shall not be manufactured out of wood. b. The concentration of Total Dissolved Solids (TDS) multiplied by the percentage of drift rate shall not exceed the maximum numerical limit of 20. 322.13 c. Visually inspect the drift eliminator on a monthly basis only if the drift eliminator can be viewed safely and does not require an owner or operator to walk into the tower. If the drift eliminator cannot be safely inspected monthly then subsection 301.4d shall apply: d. Visually inspect the drift eliminator for integrity during a regularly scheduled outage when the cooling tower is not operating, if it cannot be inspected on a monthly basis. This visual inspection shall be no less than once per year. 302 LIMITATIONS – OPACITY: 302.1 No person shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity, except as provided in subsection 302.2. 302.2 Opacity may exceed the applicable limits established in subsection 302.1 for up to one hour during the start - up of switching fuels; however, opacity shall not exceed 40% for any six (6) minute averaging period in this one hour period, provided that the Control Officer finds that the owner or operator has, to the extent practicable, maintained and operated the source of emissions in a manner consistent with good air pollution control practices for minimizing emissions. The one hour period shall begin at the moment of startup of fuel switching. 302.3 Determination of whether good air pollution control practices are being used shall be based on information provided to the Control Officer upon request, which may include, but is not limited to, the following: 322.14 303 a. Monitoring results. b. Opacity observations. c. Review of operating and maintenance procedures. d. Inspection of the source. LIMITATIONS - SULFUR IN FUEL: An owner or operator of any applicable equipment listed in Section 102 that burns fuel oil alone or in combination with any other fuel as either emergency fuel or non-emergency fuel that meets the standards in subsection 301.1 shall use only low sulfur oil. 304 LIMITATIONS – NITROGEN OXIDES: No owner or operator of any applicable equipment listed in subsection 102.1 that commenced construction or a major modification after May 30, 1972 shall cause to be discharged into the atmosphere nitrogen oxides in excess of the following limits: 304.1 155 ppmv, calculated as nitrogen dioxide when burning gaseous fossil fuel. During steady state operations, this test result using EPA Reference Method(s) 7 shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. If a Continuous Emission Monitoring System (CEMS) is used, the test result shall be based upon a 30-day rolling average. 304.2 230 ppmv calculated as nitrogen dioxide when burning liquid fossil fuel. During steady state operations, this test result using EPA Reference Method(s) 7, shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. If a CEMS is used, the test result shall be based upon a 30-day rolling average. 322.15 304.3 The nitrogen oxides concentration shall be measured dry and corrected to 3% oxygen for electric utility steam generating units and cogeneration steam generating units. The nitrogen oxides concentration shall be measured dry and corrected to 15% oxygen for stationary gas turbines. 305 LIMITATIONS - CARBON MONOXIDE: No owner or operator of any equipment listed in Section 102 shall cause to be discharged into the atmosphere carbon monoxide (CO) measured in excess of 400 ppmv at any time. This test result, using EPA Reference Method 10, and performed during steady state compliance source testing shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample time of one hour. The CO concentration shall be measured dry and corrected to 3% oxygen for electric utility steam generating units and cogeneration steam generating units. The CO concentration shall be measured dry and corrected to 15% oxygen for stationary gas turbines. 306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT: 306.1 Emission Control System Required: For affected operations which may exceed any of the applicable standards set forth in Section 300 of this rule, an owner or operator may comply by installing and operating an emission control system (ECS). 306.2 Providing and Maintaining ECS Monitoring Devices: No owner or operator required to use an approved ECS pursuant to this rule shall do so without first properly installing, operating, and maintaining in calibration and in good working order, devices for indicating temperatures, pressures, transfer rates, rates of flow, or other operating conditions necessary to determine if air pollution control 322.16 equipment is functioning properly and is properly maintained as described in an approved Operation and Maintenance (O&M) Plan. 306.3 Operation and Maintenance (O&M) Plan Required For ECS: a. General Requirements: An owner or operator shall provide and maintain an O&M Plan for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or to an air pollution permit. b. Approval by Control Officer: An owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. c. Initial Plans: An owner or operator that is required to have an O&M Plan pursuant to this rule shall comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified by the Control Officer in writing. Once the initial plan has been approved in writing by the Control Officer, an owner or operator shall then comply with the approved plan. d. Revisions to Plan: If revisions to the initial plan have been approved by the Control Officer in writing, an owner or operator shall comply with the revisions to the initial plan. If revisions to the plan have not yet been approved by the Control Officer, then an owner or operator shall comply with the newest recent O&M plan on file at Maricopa County Air Quality Department. 322.17 e. Control Officer Modifications to Plan: After discussion with the owner or operator, the Control Officer may modify the plan in writing prior to approval of the initial O & M plan. An owner or operator shall then comply with the plan that has been modified by the Control Officer. 306.4 Continuous Emission Monitoring Systems (CEMS): a. An owner or operator of a combustion unit subject to Section 304 with a heat input of greater than 250 MMBtu/hr, regardless of fuel type, shall install, calibrate, maintain, and operate a CEMS for measuring nitrogen oxides and recording the output of the system. Where nitrogen oxide emissions are monitored by a CEMS, then a CEMS shall also be required for the measurement of the oxygen content of the flue gases. All CEMS shall comply with the provisions in 40 CFR Subpart Da, Part 60, 60.47 (a). b. An owner or operator of any affected unit listed above that requires a CEMS for nitrogen oxides that meets and is continuing to meet the requirements of 40 CFR Part 75 may use that CEMS to meet the requirements of subsection 306.4 a of this rule. 307 EMERGENCY FUEL USE NOTIFICATION – An owner or operator of a unit that is fired with emergency fuel but is normally fired with natural gas shall notify the Control Officer verbally no later than 24 hours after declaration of the emergency that necessitates its use in compliance with subsections 104.2 and 212. This verbal report shall be followed by a written report within 48 hours of initial emergency fuel usage. The written report shall also include identification of the nature of the emergency, initial dates of usage, and the expected dates of usage. 322.18 SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any owner or operator subject to this rule shall comply with the requirements set forth in this section. Any records and data required by this section shall be kept on site at all times in a consistent and complete manner and be made available without delay to the Control Officer or his designee upon request. Records shall consist of the following information: 501.1 Equipment Listed in Section 102: Type of fuel used, amount of fuel used, amount of sulfur in the fuel if using liquid fuel, and the days and hours of operation. 501.2 Cooling Towers: Monthly gravimetric testing reports for TDS shall be recorded for six months in succession and thereafter quarterly reports shall be recorded. Results of the monthly or yearly visual inspection of the drift eliminator shall also be recorded. If the drift eliminator cannot be visually inspected monthly, then documentation of the physical configuration of the drift eliminator shall be submitted to the Control Officer to demonstrate that the drift eliminator cannot be inspected monthly. 501.3 Emergency Fuel Usage: Type and amount of emergency fuel used, dates and hours of operation using emergency fuel, nature of the emergency or reason for the use of emergency fuel as stated in subsections 104.2 and 104.3. 501.4 Fuel Switching: Monthly records of fuel switching including stop and start times, monthly records of hours of operation for testing, 322.19 reliability and maintenance purposes per subsection 104.3, and a yearly log total of these hours. 501.5 CEMS: All CEMS measurements, results of CEMS performance evaluations, CEMS calibration checks, and adjustments and maintenance performed on these systems. 501.6 Good Combustion Practices: Measurements of the temperature differential across the burners of turbines per subsection 301. 3 a, b, or c, results of evaluation and of corrective action taken to reduce the temperature differential or a finding that the temperature differential returned to the range listed in subsection 301.3 a or b without any action by the owner or operator. 502 RECORDS RETENTION: Copies of reports, logs, and supporting documentation required by the Control Officer shall be retained for at least 5 years. Records and information required by this rule shall also be retained for at least 5 years. 503 COMPLIANCE DETERMINATION: 503.1 Low Sulfur Oil Verification: a. An owner or operator shall submit fuel oil or liquid fuel receipts from the fuel supplier indicating the sulfur content of the fuel or verification that the oil used to generate electric power meets the 0.05% sulfur limit if requested by the Control Officer; or b. If fuel receipts are not available then an owner or operator shall submit a statement of certification or proof of the sulfur 322.20 content of the oil or liquid fuel from the supplier to the Control Officer; or c. An owner or operator may elect to test the fuel for sulfur content in lieu of certification from the fuel supplier or fuel receipts using one of the test methods listed in subsections 504.11, 504.12, 504.13 or 504.14. 503.2 Drift Rate Verification: An owner or operator shall submit design drift rate verification from the manufacturer of the drift eliminator used in the cooling towers to the Control Officer if proof of the design drift rate is requested by the Control Officer. 504 TEST METHODS INCORPORATED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2004), as listed below, are incorporated by reference in Appendix G of the Maricopa County Air Pollution Control Regulations. Copies of test methods referenced in this Section are available at the Maricopa County Air Quality Department, 1001 N. Central Avenue, Suite 595, Phoenix, AZ 85004-1942. The Standard Methods listed below (1995)are also incorporated by reference. When more than one test method as listed in subsections 504.11 through 504.14 is permitted for the same determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation. 504.1 EPA Reference Methods 1 (“Sample and Velocity Traverses for Stationary Sources”), and 1A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A). 504.2 EPA Reference Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement of Gas Volume 322.21 Through Pipes and Small Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A). 504.3 EPA Reference Methods 3 (“Gas Analysis for the Determination of Dry Molecular Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in Emissions From Stationary Sources (Instrumental Analyzer Procedure)”), 3B (“Gas Analysis for the Determination of Emission Rate Correction Factor of Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources”) (40 CFR 60, Appendix A). 504.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) (40 CFR 60, Appendix A). 504.5 EPA Reference Method 5 (“Determination of Particulate Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 504.6 EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 504.7 EPA Reference Methods 7 (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7A (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7B (“Determination of Nitrogen Oxide Emissions from Stationary Sources - Ultraviolet Spectrometry”), 7C (“Determination of Nitrogen Oxide Emissions from Stationary Sources - Alkaline-Permanganate Colorimetric Method”), 7D (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline-Permanganate Chromatographic Method”), and 7E 322.22 (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Instrumental Analyzer Method”) (40 CFR 60, Appendix A). 504.8 EPA Reference Method 9 (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 504.9 EPA Reference Method 10 (“Determination of Carbon Monoxide Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 504.10 EPA Reference Method 20 (“Determination of Nitrogen Oxides, Sulfur Dioxide and Diluent Emissions from Stationary Gas Turbines”) (40 CFR 60, Appendix A). 504.11 American Society of Testing Materials, ASTM Method D2622-98, (“Standard Test Method for Sulfur in Petroleum Products by Wavelength Disperse X-Ray Fluorescence Spectrometry”), 1998. 504.12 American Society of Testing Materials, ASTM Method D1266-98, (“Standard Test Method for Sulfur in Petroleum Products - Lamp Method”), 1998. 504.13 American Society of Testing Materials, ASTM Method D2880-00, (“Standard Specification for Gas Turbine Fuel Oils”), 2000. 504.14 American Society of Testing Materials, ASTM Method D4294-90 or 98 (“Standard Test Method for Sulfur in Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry”), 1990 or 1998. 504.15 Standard Methods for the Examination of Water and Wastewater,(“Dissolved Solids Dried at 180ºC, Method #2540C”), American Public Health Association, 19th edition, 1995. 322.23 322.24 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 323 FUEL BURNING EQUIPMENT FROM INDUSTRIAL /COMMERCIAL/ INSTITUTIONAL (ICI) SOURCES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS 104 PARTIAL EXEMPTIONS SECTION 200 - DEFINITIONS 201 ALTERNATIVE FUELS 202 COGENERATION STEAM GENERATING UNIT 203 CORRECTIVE ACTION PLAN (CAP) 204 DISTILLATE OIL 205 EMERGENCY FUEL 206 EMISSION CONTROL SYSTEM (ECS) 207 FOSSIL FUEL 208 HEAT INPUT 209 LOW SULFUR OIL 210 NATURAL GAS CURTAILMENT 211 OPACITY 212 PARTICULATE MATTER EMISSIONS 213 PEAK LOAD 214 PROCESS HEATER 215 RATED HEAT INPUT CAPACITY 216 REGENERATIVE CYCLE GAS TURBINE 323.1 217 RESIDUAL OIL 218 SIMPLE CYCLE GAS TURBINE 219 STATIONARY GAS TURBINE 220 STEAM GENERATING UNIT 221 SULFUR OXIDES (SOx) 222 UNCOMBINED WATER 223 WASTE DERIVED FUEL GAS 224 WATER HEATER SECTION 300 - STANDARDS 301 LIMITATIONS - PARTICULATE MATTER 302 LIMITATIONS - OPACITY 303 LIMITATIONS -SULFUR IN FUEL 304 LIMITATIONS -NITROGEN OXIDES 305 LIMITATION - CARBON MONOXIDE 306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 RECORDS RETENTION 503 COMPLIANCE DETERMINATION 504 TEST METHODS INCORPORATED BY REFERENCE 323.1 PAGE BREAK 323.1 Adopted 07/03/05 Revised 10/17/07 REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 323 FUEL BURNING EQUIPMENT FROM INDUSTRIAL /COMMERCIAL/ INSTITUTIONAL (ICI) SOURCES INDEX SECTION 100 – GENERAL 101 PURPOSE: To limit the discharge of nitrogen oxides, sulfur oxides, carbon monoxide, and particulate matter emissions into the atmosphere from fuel burning combustion equipment at industrial and/or commercial and/or institutional (ICI) sources. 102 APPLICABILITY: This rule applies to any of the following types of ICI combustion equipment that burns either fossil fuels or alternative fuels: 102.1 Each steam generating unit that has a maximum design rated heat input capacity from fuels combusted in the generating unit of greater than 10 million (MM) Btu/hr (2.9 Megawatts (MW)). 102.2 Each stationary gas turbine with a heat input at peak load equal to or greater than 2.9 megawatts (MW). 102.3 Each cogeneration steam generating unit with a heat input of greater than 10 MMBtu/hr. 323.1 102.4 Each indirect-fired process heater with a heat input greater than 10 MMBtu/hr. 102.5 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of these Rules. 103 EXEMPTIONS: This rule shall not apply to the following types of equipment: 103.1 Incinerators, crematories, or burn-off ovens; or 103.2 Dryers, cement and lime kilns; or 103.3 Direct-fired process heaters; or 103.4 Medical waste incinerators; or 103.5 Reciprocating internal combustion equipment; or 103.6 Combustion equipment used in power plant operations for the purpose of supplying greater than one third of the electricity to any utility power distribution system for sale; or 103.7 Combustion equipment associated with nuclear power plant operations; or 103.8 Water heaters used for the sole purpose of heating hot water for comfort or for radiant heat. 323.1 104 PARTIAL EXEMPTIONS: 104.1 Stationary gas turbines listed in subsection 102.2 of this rule that are used for any of the following reasons shall be exempt from Sections 304, 305 and subsections 301.1, 301.2, 501.1 and 501.3 of this rule: a. Used for firefighting; or b. Used for flood control; or c. Used at military training facilities other than a garrison facility; or d. Engaged by manufacturers in research and the development of equipment for either gas turbine emission control techniques or gas turbine efficiency improvements; or e. Fired with emergency fuel that is normally fired with natural gas, or f. Testing, reliability, maintenance, training, and readiness purposes for a total of 36 hours per year per unit when firing any emergency fuel. 104.2 All steam generating units including cogeneration units and process heaters that are used for any of the following reasons shall be exempt from Sections 301, 304, 305 and subsections 501.1 and 501.3 of this rule: 323.1 a. Fired with an emergency fuel that is normally fired with natural gas; or b. Firing any emergency fuel for testing, reliability, and maintenance purposes up to a maximum total of 36 hrs. per unit per year. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 ALTERNATIVE FUELS – Substitutes for traditional oil-derived and fossilfuel derived motor vehicle fuels including but not limited to biodiesel, propane, ethanol or methanol. 202 COGENERATION STEAM GENERATING UNIT – A steam or hot water generating unit that simultaneously produces both electrical (or mechanical) and thermal energy (such as heat or steam) from the same primary energy source. 203 CORRECTIVE ACTION PLAN (CAP) – A methodical procedure that is used to evaluate and correct a turbine operational problem and that includes, at a minimum, improved preventative maintenance procedures, improved ECS operating practices, possible operational amendments, and progress reports. 204 DISTILLATE OIL-A petroleum fraction of fuel oil produced by distillation that complies with the specifications for fuel oil numbers 1 or 2, as defined by the American Society for Testing and Materials in ASTM D39601, “Standard Specification for Fuel Oils.” 323.1 205 EMERGENCY FUEL – Fuel fired by a gas combustion unit, normally fueled by natural gas, only during circumstances of unforeseen disruption or interruption in the supply of natural gas to a unit that normally runs on natural gas. The inability to burn natural gas may be one of the following, but is not limited to, natural gas emergency, natural gas curtailment, or a breakdown of the delivery system. 206 EMISSION CONTROL SYSTEM (ECS) - A system approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions. 207 FOSSIL FUEL – Naturally occurring carbonaceous substances from the ground such as natural gas, petroleum, coal, and any form of solid, liquid or gaseous fuel derived from such material for the purpose of creating energy. 208 HEAT INPUT – Heat derived from the combustion of fuel not including the heat input from preheated combustion air, recirculated flue gases, or exhaust gases from other sources, such as gas turbines, internal combustion engines, and kilns. 209 LOW SULFUR OIL – Fuel oil containing less than or equal to 0.05 % by weight of sulfur. 210 NATURAL GAS CURTAILMENT – A shortage in the supply of natural gas, due solely to limitations or restrictions in distribution pipelines by the utility supplying the gas and not due to the cost of natural gas. 211 OPACITY – A condition of the ambient air, or any part thereof, in which an air contaminant partially or wholly obscures the view of an observer. 323.1 212 PARTICULATE MATTER EMISSIONS - Any and all particulate matter emitted to the ambient air as measured by applicable state and federal test methods. 213 PEAK LOAD - 100% of the manufacturer’s design capacity of a gas turbine at 288 Kelvin, 60% relative humidity, and 101.3 kilopascals pressure (ISO standard day conditions). 214 PROCESS HEATER – An enclosed combustion device that uses controlled flame to transfer heat to a process fluid or a process material that is not a fluid or to heat transfer material for use in a process unit (not including the generation of steam). A process heater may be either indirect or direct-fired, dependent upon whether the gases of combustion mix with and exhaust to the same stack or vent (direct-fired) with gases emanating from the process material or not (indirect-fired). Emissions from indirect-fired units consist entirely of products of combustion while emissions from direct-fired units are unique to the given process and may vary widely in any industrial process. A process heater is not an oven or kiln used for drying, curing, baking, cooking, calcining, or vitrifying. 215 RATED HEAT INPUT CAPACITY - The heat input capacity in million Btu/hr. as specified on the nameplate of the combustion unit. If the combustion unit has been altered or modified so that its maximum heat input is different than the heat input capacity on the nameplate (design heat capacity), the maximum heat input shall be considered as the rated heat input capacity. 216 REGENERATIVE CYCLE GAS TURBINE – Any stationary gas turbine that recovers thermal energy from the exhaust gases and utilizes the thermal energy to preheat air prior to entering the combustor. 323.1 217 RESIDUAL OIL – The heavier oils that remain after the distillate oils and lighter hydrocarbons are distilled off in refinery operations. This includes crude oil or fuel oil numbers 1 and 2 that have a nitrogen content greater than 0.05% by weight, and all fuel oil numbers 4, 5 and 6, as defined by the American Society of Testing and Materials in ASTM D396-01, “Standard Specifications for Fuel Oils”. 218 SIMPLE CYCLE GAS TURBINE – Any stationary gas turbine that does not recover heat from the gas turbine exhaust gases to preheat the inlet combustion air to the gas turbine, or that does not recover heat from the gas turbine exhaust gases to heat water or generate steam. 219 STATIONARY GAS TURBINE – Any simple cycle gas turbine or regenerative gas turbine that is not self-propelled or that is attached to a foundation. 220 STEAM GENERATING UNIT - An external combustion unit or boiler fired by fossil fuel that is used to generate hot water or steam. The hot water or steam is then used as energy for driving another process or piece of equipment. 221 SULFUR OXIDES (SOx)- The sum of the oxides of sulfur emitted from the flue gas from a combustion unit that are directly dependent upon the amount of sulfur in the fuel used. 222 UNCOMBINED WATER – Condensed water containing no more than analytical trace amounts of other chemical elements or compounds. 223 WASTE DERIVED FUEL GAS – Any gaseous fuel that is generated from the biodegradation of solid or liquid waste including but not limited to, sewage sludge, digester gas, and landfill gas. 323.1 224 WATER HEATER – A closed vessel in which water is heated by combustion of fuel and water is either withdrawn for use external to the vessel (at pressures not exceeding 160 psi with all controls and devices preventing water temperatures from exceeding 210°F) or used for radiant heat. Water heaters are usually no larger than 1 MM Btu/hr as opposed to boilers, do not reach temperatures of 220°F and higher that boilers can reach, and are not manufactured to meet boiler codes. SECTION 300 - STANDARDS 301 LIMITATIONS - PARTICULATE MATTER: 301.1 Limitation- Liquid Fuels: An owner or operator shall not discharge, cause or allow the discharge of particulate matter emissions, caused by combustion of non-gaseous liquid fuels or a blend of liquid fuels with other fuels in excess of 0.10 lbs. per MMBtu from any combustion units listed in subsections 102.1, 102.3 and 102.4 with either a rated heat input capacity or heat input of greater than 100 MM Btu/hr. 301.2 Particulate Matter Testing: A backhalf analysis shall be performed, using Reference Method 202 referenced in subsection 504.6 of this rule, each time a compliance test for particulate matter emissions to meet the standards in subsection 301.1 of this rule is performed using Method 5. (The results of the Method 202 testing shall be used for emissions inventory purposes). 301.3 Good Combustion Practices for Turbines: An owner or operator of a stationary gas turbine listed in subsection 102.2 of this rule, regardless of fuel type or size, shall use operational practices recommended by the manufacturer and parametric 323.1 monitoring that ensure good combustion control. One of the following procedures may be used: a. Monitor the maximum temperature differential across the combustion burners or at locations around the back end of the turbine, dependent upon the particular unit, to ensure no more than a 100° F difference using a thermocouple. If a valid maximum temperature differential of greater than 100° F is observed across the burners, investigation and corrective action shall be taken within three hours to either reduce the temperature difference to 100° F or less, or b. If the manufacturer recommends that the maximum numerical temperature differential to ensure good combustion is a temperature that is greater than 100°F, then proof of this maximum alternate temperature shall be submitted to the Control Officer. The procedure to measure the maximum temperature differential listed above in subsection 301.3a shall then be followed using the alternate recommended maximum temperature differential after approval by the Control Officer. c. If a repetitive pattern of failure to meet the proper temperature differential of 100°F or to meet the alternate temperature differential recommended by the manufacturer indicates that the turbine is not being operated in a manner consistent with good combustion practices, then the Control Officer may require the owner or operator to submit a Corrective Action Plan (CAP). 302 LIMITATIONS – OPACITY: No owner or operator shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity. 323.1 303 LIMITATIONS - SULFUR IN FUEL: An owner or operator of any applicable equipment listed in Section 102 that burns liquid fuel oil or a mixture or blend of fuel oil with any other fuels shall use only low sulfur oil. An owner or operator using waste derived fuel gas shall use only waste derived fuel gas with a sulfur content less than or equal to 800 ppm (0.08%). 304 LIMITATIONS – NITROGEN OXIDES: 304.1 An owner or operator of any combustion equipment listed in Section 102 with a heat input of greater than 10 MMBtu/hr to 100 MMBtu/hr, except gas turbines, shall comply either with (a) or (b below: a. Establish initial optimal baseline concentrations for NOx and CO within 90 days of the first usage of the combustion equipment utilizing the initial design burner specifications or manufacturer’s recommendations to ensure good combustion practices. Tune the unit annually in accordance with good combustion practices or a manufacturer’s procedure, if applicable, that will include the following at a minimum: (1) Inspect the burner system and clean and replace any components of the burner as necessary to minimize emissions of NOx and CO; and (2) Inspect the burner chamber for areas of impingement and remove if necessary; and (3) Inspect the flame pattern and make adjustments as necessary to optimize the flame pattern; and 323.1 (4) Inspect the system controlling the air-to-fuel ratio and ensure that it is correctly calibrated and functioning properly; and (5) Measure the NOx and the CO concentration of the effluent stream after each adjustment was made with a handheld portable monitor to ensure optimal baseline concentrations are maintained or b. Limit nitrogen oxide emissions to no more than the following amounts: (1) 155 ppm calculated as nitrogen dioxide, when burning gaseous fuel. During steady state operations, this test result using EPA Reference Method(s) 7 shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample run time of one hour. (2) 230 ppm calculated as nitrogen dioxide, when burning liquid fuel. During steady state operations, this test result using EPA Reference Method(s) 7 shall be based upon the arithmetic mean of the results of three test runs. Each test run shall have a minimum sample run time of one hour. c. For simple gas turbines, the nitrogen oxides shall be measured dry and corrected to 15% oxygen. For all other combustion equipment, the nitrogen oxides shall be measured dry and corrected to 3% oxygen. 323.1 304.2 An owner or operator of any combustion equipment, listed in Section 102, with a heat input greater than 100 MMBtu/hr, shall: a. Tune the equipment every 6 months with good combustion practices or a manufacturer’s procedure that at a minimum includes the procedures listed in subsection 304.1a of this rule and b. Meet the NOx emission limits as stated in subsection 304.1b of this rule. 305 LIMITATIONS – CARBON MONOXIDE: No owner or operator of any equipment listed in Section 102 of this rule with a heat input greater than 100 MM Btu/hr shall cause to be discharged into the atmosphere, carbon monoxide (CO), measured in excess of 400 ppmv at any time. This test result, using EPA Reference Method 10, shall be based upon the arithmetic mean of the results of three test runs and shall be measured during steady state compliance source testing. Each test run shall have a minimum sample time of one hour. For simple gas turbines, the CO shall be measured dry and corrected to 15% oxygen. For all other combustion equipment, the CO shall be measured dry and corrected to 3% oxygen. 306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT: 306.1 Emission Control System Required: For affected operations which may exceed any of the applicable standards set forth in Sections 300 of this rule, an owner or operator may comply by installing and operating an emission control system (ECS). 306.2 Providing and Maintaining ECS Monitoring Devices: No owner or operator required to use an approved ECS pursuant to 323.1 this rule shall do so without first providing, properly installing, operating, and maintaining in calibration and in good working order, devices for indicating temperatures, pressures, transfer rates, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained as described in an approved O&M Plan. 306.3 Operation and Maintenance (O&M) Plan Required For ECS: a. General Requirements: An owner or operator shall provide and maintain an O&M Plan for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or an air pollution permit. b. Approval by Control Officer: An owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. c. Initial Plans: An owner or operator that is required to have an O&M Plan pursuant to this rule shall comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified by the Control Officer in writing. Once the initial plan has been approved in writing by the Control Officer, an owner or operator shall comply with this approved plan. d. Revisions to Plan: If revisions to the initial plan have been approved by the Control Officer in writing, an owner or operator shall comply with the revisions to the initial plan. If revisions to the plan have not yet been approved by the Control Officer in writing, then an owner or operator shall 323.1 comply with the most recent O&M plan on file at Maricopa County Air Quality Department. e. Control Officer Modifications to Plan: After discussion with the owner or operator, the Control Officer may modify the plan in writing prior to approval of the initial O&M plan. An owner or operator shall then comply with the plan that has been modified by the Control Officer. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: An owner or operator subject to this rule shall comply with the requirements set forth in this section. Any records and data required by this section shall be kept on site at all times in a consistent and complete manner and be made available without delay to the Control Officer or his designee upon request. Records shall consist of the following information: 501.1 Equipment Listed In Section 102: Type of fuel used, amount of fuel used, amount of sulfur in the fuel if using liquid fuel, and the days and hours of operation. 501.2 Emergency Fuel Usage: Monthly records of: type of emergency fuel used, dates and hours of operation using emergency fuel, and nature of the emergency or purpose for the use of the emergency fuel as stated in subsections 104.1 and 104.2. Yearly records of the twelve month log of hours of operation in the emergency mode. 323.1 501.3 Good Combustion Practice: Measurements of the temperature differential across the burners of turbines per subsection 301.3, results of evaluation and corrective action taken to reduce the temperature differential or a finding that the temperature differential returned to the range listed in subsection 301.3 (a) or (b) of this rule without any action by the owner or operator. 501.4 Tuning Procedure: Date that the procedure was performed on the particular unit and at a minimum: stack gas temperature, flame conditions, nature of the adjustment and results of the nitrogen oxide and carbon monoxide concentrations obtained by using a handheld monitor after each adjustment. 502 RECORDS RETENTION: Copies of reports, logs and supporting documentation required by the Control Officer shall be retained for at least 5 years. Records and information required by this rule shall also be retained for at least 5 years. 503 COMPLIANCE DETERMINATION: 503.1 Low Sulfur Oil Verification: a. An owner or operator shall submit fuel oil receipts from the fuel supplier indicating the sulfur content of the fuel oil or verification that the fuel oil used meets the 0.05% sulfur limit or the 0.08% limit for landfill or digester gas if requested by the Control Officer, or b. If fuel receipts are not available, an owner or operator shall submit a statement of certification or proof of the sulfur content of the fuel oil from the supplier to the Control Officer, or 323.1 c. An owner or operator may elect to test the fuel oil for sulfur content in lieu of certification from the fuel supplier or fuel receipts using one of the test methods incorporated by reference in subsections 504.11, 504.12, 504.14 or 504.15. 504 TEST METHODS ADOPTED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2004), as listed below, are incorporated by reference in Appendix G of the Maricopa County Air Pollution Control Regulations. Copies of test methods referenced in this section are available at the Maricopa County Air Quality Department, 1001 N. Central Avenue, Phoenix, AZ 85004-1942. When more than one test method as listed in subsections 504.11, 504.12, 504.14, or 504.15 of this rule is permitted for the same determination, an exceedance of the limits established in this rule determined by any one of the applicable test methods constitutes a violation. 504.1 EPA Reference Methods 1 (“Sample and Velocity Traverses for Stationary Sources”), and 1 A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A). 504.2 EPA Reference Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A). 504.3 EPA Reference Methods 3 (“Gas Analysis for the Determination of Dry Molecular Weight”), 3A (“Determination of Oxygen and Carbon Dioxide Concentrations in Emissions from Stationary 323.1 Sources (Instrumental Analyzer Procedure)”), 3B (“Gas Analysis for the Determination of Emission Rate Correction Factor of Excess Air”), and 3C (“Determination of Carbon Dioxide, Methane, Nitrogen and Oxygen from Stationary Sources”) (40 CFR 60, Appendix A). 504.4 EPA Reference Method 4 (“Determination of Moisture Content in Stack Gases”) (40 CFR 60, Appendix A). 504.5 EPA Reference Method 5 (“Determination of Particulate Emissions from Stationary Sources”) (40 CFR 60, Appendix A) 504.6 EPA Reference Method 202 (“Determination of Condensable Particulate Emissions from Stationary Sources”) (40 CFR 51, Appendix M). 504.7 EPA Reference Methods 7 (“Determination of Nitrogen Oxide Emissions from Stationary Sources”), 7A (“Determination of Nitrogen Oxide Emissions form Stationary Sources”), 7B (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Ultraviolet Spectrometry”), 7C (“Determination of Nitrogen Oxide Emissions from Stationary Sources – AlkalinePermanganate Colorimetric Method”), 7D (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline – Permanganate Chromatographic Method”), and 7E (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Instrumental Analyzer Method“), (40 CFR 60, Appendix A). 504.8 EPA Reference Method 9, (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 323.1 504.9 EPA Reference Method 10, (“Determination of Carbon Monoxide from Stationary Sources”) (40 CFR 60, Appendix A). 504.10 EPA Reference Method 20, (“Determination of Nitrogen Oxides, Sulfur Dioxide, and Diluent Emissions From Stationary Gas Turbines”) (40 CFR 60, Appendix A). 504.11 American Society of Testing Materials, ASTM Method D2622-92 or 98, (“Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry”), 1992 or 1998. 504.12 American Society of Testing Materials, ASTM Method D1266-98, (“Standard Test Method for Sulfur in Petroleum Products (Lamp Method)”), 1998. 504.13 American Society of Testing Materials, ASTM Method D2880-00, (“Standard Specification for Gas Turbine Fuel Oils”), 2000. 504.14 American Society of Testing Materials, ASTM Method D4294-90 or 98, (“Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy- Dispersive X-ray Fluorescence Spectrometry”), 1990 or 1998. 504.15 American Society of Testing Materials, ASTM Method D550401,(“Standard Test Method for Determination of Sulfur compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence”), 2006. 323.1 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 324 STATIONARY INTERNAL COMBUSTION (IC) ENGINES INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS 104 PARTIAL EXEMPTIONS FOR EMERGENCY ENGINES 105 PARTIAL EXEMPTIONS FOR LOW USAGE ENGINES SECTION 200 – DEFINITIONS 201 AFTERCOOLER / INTERCOOLER 202 COGENERATION UNIT 203 COMPRESSION-IGNITION ENGINE 204 DIESEL ENGINE 205 EMERGENCY GENERATOR 206 ENGINE FAMILY 207 EQUIVALENT REPLACEMENT ENGINE 208 EXISTING ENGINE 209 IDENTICAL REPLACEMENT ENGINE 210 INTERNAL COMBUSTION (IC) ENGINE, PORTABLE 211 INTERNAL COMBUSTION (IC) ENGINE, STATIONARY 212 LEAN-BURN ENGINE 213 LOCATION 214 LOW SULFUR OIL 215 NEW ENGINE 324.1 216 PART(S) PER MILLION, DRY VOLUME (ppmdv) 217 PRIME ENGINES 218 RATED BRAKE HORSEPOWER (RATED bhp) 219 RICH-BURN ENGINE 220 SPARK-IGNITION ENGINE 221 SULFUR OXIDES (SOx) 222 WASTE DERIVED FUEL GAS SECTION 300 – STANDARDS 301 LIMITATIONS FOR EXISTING AND NEW STATIONARY IC ENGINES 302 ADDITIONAL LIMITATIONS FOR IC ENGINES > 250 RATED bhp 303 EQUIVALENT OR IDENTICAL ENGINE REPLACEMENT SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION 502 RECORDKEEPING/RECORDS RETENTION 503 TEST METHODS ADOPTED/INCORPORATED BY REFERENCE 324.2 Adopted 10/23/03 Revised 10/17/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 324 STATIONARY INTERNAL COMBUSTION (IC) ENGINES SECTION 100 – GENERAL 101 PURPOSE: To limit carbon monoxide (CO), nitrogen oxides (NOx), sulfur oxides (SOX), volatile organic compounds (VOCs), and particulate matter (PM) emissions from stationary internal combustion (IC) engines. 102 APPLICABILITY: The provisions of this rule apply to any single existing or new stationary spark or compression-ignited reciprocating IC engine including s tationary IC e ngines u sed i n cogeneration, wi th a r ating o f greater than 250 brake horsepower (bhp). The provisions of this rule also apply to a combination of IC engines each with a rated brake horsepower greater than 50 bhp used at a single source, whose maximum aggregate rated brake horsepower is greater than 250 bhp. 103 EXEMPTIONS: The following types of stationary IC engines are exempt from all of the requirements of this rule but shall comply with Rule 300: 103.1 Any rotary engine, including gas turbines, jet engines. 103.2 An IC engine operated as a non-road engine. 324.3 103.3 A laboratory IC engine used directly and exclusively for engine research including engine development, and subsequent engine performance verification for the purpose of either engine emission control techniques or engine efficiency improvements. 103.4 A prime engine when it is operated for purposes of performance verification and testing by the owner or operator or by a manufacturer or distributor of such equipment for the purpose of performance verification and testing at the production facility. 103.5 A compressed gas IC engine used for solar testing and research programs. 103.6 An IC engine operated as an emergency generator or other equipment at a nuclear power plant that must run for safety reasons and/or operational tests to meet requirements imposed by the Nuclear Regulatory Commission. 103.7 An IC engine test stand used for evaluating engine performance; and 103.8 An IC e ngine u sed fo r t raining p urposes as l ong as t he t otal number of hours of the operation does not exceed 100 hours per calendar year per engine. 104 PARTIAL EXEMPTIONS FOR EMERGENCY ENGINES: Any stationary IC engine operated as an emergency engine for any of the following reasons i s e xempt fr om al l o f t he p rovisions o f t his r ule, e xcept fo r t he provisions in Sections 301, 303, and subsections 502.1 and 502.4: 324.4 104.1 Used only for power when normal power service fails from the serving u tility or if on site e lectrical transmission or onsite power generation equipment fails. 104.2 Used o nly fo r t he e mergency p umping o f wat er r esulting fr om a flood, fire, lightning strikes, police action or for any other essential public services which affect the public health and safety. 104.3 Used for lighting airport runways. 104.4 Used for sewage overflow mitigation and/or prevention. 104.5 Used for r eliability-related activities s uch as engine readiness, calibration, or maintenance or to prevent the occurrence of an unsafe c ondition d uring electrical s ystem mai ntenance, as l ong as the total number of hours of the operation does not exceed 100 hours per calendar year per engine as evidenced by an installed non-resettable hour meter. 104.6 Used as t he p rime engine wh en t he p rime e ngine h as f ailed, b ut only for such time as is needed to repair the prime engine; or 104.7 Used t o o perate s tandby e mergency wat er p umps fo r fi re control that activate when sensors detect low water pressure. 105 PARTIAL EXEMPTIONS FOR NON-EMERGENCY LOW USAGE PRIME ENGINES: The following non-emergency, low usage, prime engines ar e e xempt fr om al l o f t he p rovisions o f t his r ule e xcept fo r t he provisions in Sections 301, 303 and subsections 502.1 and 502.4: 324.5 105.1 Each engine rated at or below 1000 bhp that operates less than 200 hours in any 12-consecutive-month period as evidenced by an installed non-resettable hour meter. 105.2 Each engine r ated above 1 000 b hp t hat o perates l ess t han 100 hours i n an y 1 2-consecutive mo nth p eriod as e videnced b y a n installed non-resettable hour meter. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. 201 AFTERCOOLER / INTERCOOLER– A system that cools the engine intake air or air/fuel mixture after the air exits the turbocharger and prior to the introduction into the cylinder, thereby lowering NOx emissions. 202 COGENERATION UNIT– Internal combustion engine u nit t hat burns fuel to simultaneously produce electricity and heat in a single thermodynamic process and is usually located in close proximity to the equipment requiring the heat energy. 203 COMPRESSION - IGNITION ENGINE – A reciprocating internal combustion engine with operating characteristics wherein the principal me chanism o f i gniting t he fu el an d ai r mi xture i n t he cylinders i s t he c ompression of a ir in the c ylinder u ntil it i s s o h ot that any fu el i njected i nto t he ai r o r mixed with the ai r i gnites. In this type of engine, a separate ignition source, such as a spark plug, is not used. 204 DIESEL ENGINE – A type of compression- ignited IC engine. 324.6 205 EMERGENCY ENGINE– Any s tationary s tandby IC e ngine whose sole function is to provide back-up power when electric power from the local utility is interrupted or when operated solely for any of the reasons listed in Section 104. An emergency engine, for the purposes o f this rule, shall n ot be used t o supply standby power due t o a v oluntary r eduction i n p ower b y a u tility o r p ower company, s upply p ower f or d istribution o r s ale t o t he g rid, o r supply power at a source in order to avoid peak demand charges or high e lectric energy p rices d uring o n-peak p rice periods a nd s hall not exceed 500 hours of operation including the 100 hours listed in subsection 104.5. 206 ENGINE FAMILY - A group of engines with similar design features such as fuel type, c ooling medium, method o f ai r aspiration, combustion chamber design including cylinder bore and stroke, exhaust af tertreatment (if any), me thod o f fuel admission, an d method of control. These engines are also expected to have similar emission and operating characteristics throughout their useful lives. 207 EQUIVALENT REPLACEMENT ENGINE - An engine that is substituted for a stationary IC engine that is intended to perform the same or similar function as the original engine and where all of the following conditions exist: 207.1 The r eplacement e ngine r esults i n e qual o r l ower ai r contaminant emissions than the existing engine; and 207.2 The r eplacement engine meets t he emission control technology standards contained in either Table 1 or Table 2 of this rule; and 324.7 207.3 The r ated b hp o f the r eplacement en gine does n ot e xceed the rated bhp of the existing engine (or sum of existing engines) b y m ore than 20 p ercent. F or ev ery percentage point increase of the rated brake horsepower, there shall be an associated decrease in emissions of nitrogen oxides, expressed as a mass per unit time, equal to or exceeding two percentage points. 208 EXISTING ENGINE - An e ngine that c ommenced o peration p rior to O ctober 2 2, 2 003 or an e ngine o n w hich t he c onstruction o r modification has commenced prior to October 22, 2003, including the c ontractual o bligation t o undertake an d c omplete an order fo r an engine. 209 IDENTICAL REPLACEMENT ENGINE - An e ngine t hat i s substituted f or an e xisting s tationary IC e ngine t hat has t he s ame manufacturer type, model number, manufacturer’s maximum rated capacity, bhp, and that is intended to perform the same or similar function as the original stationary IC engine that it replaces and has equal or lower emissions or meets the emission control technology requirements in Section 304, Table 1, 2, or 3. 210 INTERNAL COMBUSTION (IC) ENGINE, NONROAD 210.1 Any IC engine: a. I n o r o n a p iece o f e quipment t hat i s s elf-propelled o r serves a dual purpose by both propelling itself and performing an other fu nction (s uch as g arden t ractors, off-highway mobile cranes and bulldozers); or 324.8 b. In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or c. That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. In dicia o f t ransportability i nclude b ut ar e n ot limited to, wheels, skids, carrying handles, dollies, trailers, or platforms. 210.2 An internal combustion engine is not a nonroad engine if: a. The e ngine i s used t o p ropel a m otor v ehicle o r a vehicle used solely for competition, or is subject to standards promulgated under Section 202 of the Clean Air Act; or b. The e ngine i s r egulated b y a fe deral N ew So urce Performance Standard promulgated under Section 111 of the Clean Air Act; or c. The engine otherwise included in paragraph (c) above of t his d efinition r emains o r wi ll r emain at a l ocation for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A l ocation i s a ny s ingle s ite at a b uilding, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine 324.9 located at a seasonal source is an engine that remains at a s easonal s ource d uring t he fu ll an nual o perating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e. at least two years) and that operates at t hat s ingle location ap proximately t hree months (or more) each year. This paragraph does not apply t o an e ngine aft er t he e ngine i s r emoved fr om the location. 211 INTERNAL COMBUSTION (IC) ENGINE, STATIONARY - Any reciprocating, piston-driven IC engine that is operated or intended to be operated at one specific location for more than 12 consecutive months or that is attached to a foundation at the location. Any engine that replaces an engine at a location and is intended to perform the same or similar function as the engine being replaced will be included in calculating the consecutive time period. A stationary IC engine is not a non-road engine. 212 LEAN-BURN ENGINE – A spark-ignited engine with an air-tofuel operating range that has more air present than is needed to burn the fuel present and cannot be adjusted to operate with an exhaust oxygen concentration of less than or equal to 2 %. 213 LOCATION – Any single site at a building, structure, facility or installation. 214 LOW SULFUR OIL – Fuel oil containing less than or equal to 0.05 % sulfur by weight. 215 NEW ENGINE -An engine that is not an existing engine. 324.10 216 PART(S) PER MILLION, DRY VOLUME (ppmdv) – A u nit o f proportion equal to 10-6 that is measured on a dry basis (minus water) at 15% oxygen. 217 PRIME ENGINE – A principal or main use engine that is dedicated to a process o r p rocesses f or t he p urpose o f s upplying p rimary mechanical or electrical power as opposed to an emergency engine. 218 RATED BRAKE HORSEPOWER - The maximum brake horsepower (bhp) specified by the engine manufacturer for the engine application, usually listed on the nameplate of the engine. If the e ngine h as b een al tered s o t hat t he max imum b rake horsepower is different than the rated brake horsepower on the nameplate, t hen t he maximum b rake h orsepower s hall b e considered the rated brake horsepower. 219 RICH-BURN ENGINE - Any spark-ignited IC engine that is not a lean-burn engine. 220 SPARK-IGNITION ENGINE – An IC e ngine w herein t he fu el i s usually mi xed wi th i ntake ai r b efore i ntroduction i nto t he combustion chamber resulting in a relatively homogeneous air/fuel mixture in the combustion chamber, at which time a spark plug then ignites the air/fuel mixture. 221 SULFUR OXIDES (SOx) – Oxides o f s ulfur c alculated as equivalent sulfur dioxide. 222 WASTE DERIVED FUEL GAS - Any gaseous fuel that is generated from the biodegradation of solid or liquid waste including, but not limited to, sewage sludge, digester gas, and landfill gas. 324.11 SECTION 300 – STANDARDS: 301 LIMITATIONS FOR NEW AND EXISTING STATIONARY IC ENGINES: A n o wner o r o perator o f an y e ngine th at m eets th e criteria listed in Section 102 shall comply with either of the following: 301.1 Use any fuel that contains no more than 0.05% sulfur by weight, alone or in combination with other fuels. 301.2 Use any waste derived fuel gas that contains no more than 0.08% sulfur by weight, alone or in combination with other fuels. 302 GOOD COMBUSTION PRACTICES / TUNING PROCEDURE: An o wner o r o perator s hall c onduct p reventative mai ntenance o r tuning procedures recommended by the engine manufacturer to ensure g ood c ombustion p ractices t o mi nimize N Ox e missions. A handheld monitor may be used if so desired by the owner or operator for measurement of NOx, CO, and concentrations in the effluent stream after each adjustment is made. This may assist in determining that the proper adjustment has been made to ensure NOx and CO minimization. In lieu of a manufacturer’s procedure, a different procedure specified by any other maintenance guideline may be used as a default procedure. The tuning procedure shall include all of the following, if so equipped, and appropriate to the type of engine: 302.1 Lubricating Oil and Filter: change once every three months or aft er n o mo re t han 3 00 h ours o f o peration, wh ichever occurs last. 324.12 302.2 Inlet Air Filter: clean once every three months or after no more than 300 hours of operation and replace every 1,000 hours of operation or every year, whichever occurs last; 302.3 Fuel Filter: clean once every year or replace (if cartridge type) once every 1,000 hours of operation, whichever occurs last. 302.4 Check and adjust the following once every year or after no more t han 1, 000 h ours o f operation, wh ichever o ccurs last: a. intake and exhaust valves b. spark plugs (if so equipped) c. spark timing and dwell or fuel injection timing (if adjustable), and d. carburetor mixture (if adjustable). 302.5 Spark Plugs and Ignition Points: replace after 3,000 hours of operation or every year whichever occurs last 302.6 Coolant: change after 3,000 hours of operation or every year whichever occurs last. 302.7 Exhaust System: check for leaks and/or restrictions after 3,000 h ours of o peration or every year whichever occurs last. 303 LIMITATIONS – OPACITY: No owner or operator shall discharge into the ambient air from any single source of emissions any ai r c ontaminant, o ther t han u ncombined w ater, i n e xcess of 20% opacity. 324.13 304 ADDITIONAL LIMITATIONS FOR PRIME ENGINES > 250 RATED bhp: In addition to meeting the standards in Sections 301, 302, and 303, each existing or new prime engine greater than 250 rated bhp that is not listed in Sections 103, 104, or 105, shall comply with the emission limits or control technology requirements listed in Section 304, Table 1, 2, or 3, dependent upon the type of engine. NOx EMISSION LIMITS OR CONTROL TECHNOLOGY REQUIREMENTS FOR EXISTING COMPRESSION-IGNITION ENGINES > 250 bhp TABLE 1 RATED BRAKE HORSEPOWER ENGINE REQUIREMENTS (bhp) 770 250-399 ppmdv or 10 g/bhp-hr.NOx or turbocharger with aftercooler/intercooler or 4-degree injection timing retard 550 ppmdv or 7.2 g/bhp-hr.NOx or turbocharger with 400 plus aftercooler/intercooler or 4-degree injection timing retard EMISSION LIMITS OR CONTROL TECHNOLOGY REQUIREMENTS FOR EXISTING APPLICABLE SPARK- IGNITION ENGINES > 250 RATED bhp TABLE 2 OXIDES OF NITROGEN VOLATILE ORGANIC CARBON MONOXIDE (NOX) COMPOUND (VOC) (CO) 280 ppmdv or 4.0 b/bhp-hr or 800 ppmdv or 5.0 g/bhp-hr or 4,500 ppmdv or three-way three-way catalyst* three-way catalyst* catalyst* 324.14 • The three-way catalyst shall provide a minimum of 80% control efficiency for NOx and CO for those engines fueled with natural gas, propane or gasoline. In ad dition t he t hree-way c atalyst s hall al so p rovide a mi nimum of at l east 50% control efficiency for VOC for those engines fueled by gasoline. EMISSION LIMITS FOR NEW SPARK OR COMPRESSION-IGNITION ENGINES > 250 bhp TABLE 3 ENGINE TYPE NOx PM* LEAN BURN 110 ppmdv or 1.5 g/bhp- (SPARK) hr. RICH BURN 20 ppmdv or 0.30 g/bhp- (SPARK) hr. COMPRESSION 530 ppmdv or 6.9 g/bhp- CO Not Applicable 4,500 ppmdv Not Applicable 4,500 ppmdv 0.40 g/bhp-hr 1,000 ppmdv hr. * A backhalf analysis shall be performed using reference Method 202 (referenced in subsection 504.6) each time a compliance test for particulate matter emissions to meet the limitations listed in Table 3 is performed using Method 5. The results of the Method 202 testing shall be used for emissions inventory purposes. 305 EFFICIENCY ALLOWANCE: Each emission limit expressed in Tables 1, 2 or 3 may be multiplied by X, where X equals the engine efficiency (E) divided by a reference efficiency of 30 percent. Engine efficiency shall be determined by one of the following methods whichever is higher: a. E = (Engine Output) X (100) ÷ (Energy Input) where energy input is determined by a fuel measuring device accurate to +/- 5 % and is based upon the higher heating value (HHV) of the fuel. Percent efficiency (E) shall be averaged over 15 324.15 consecutive minutes and measured at peak load for the applicable engine. b. E = (Manufacturers Rated Efficiency [Continuous] at (LHV) X (LHV) ÷(HHV) where LHV = the lower heating value of the fuel Engine efficiency (E) shall not be less than 30 percent; an engine with an efficiency lower than 30 percent shall be assigned an efficiency of 30 percent for the purposes of this rule. 306 EQUIVALENT OR IDENTICAL ENGINE REPLACEMENT: An equivalent or identical replacement engine that replaces an existing engine s hall b e t reated as an e xisting e ngine for t he p urposes o f compliance with this rule, unless the engine commenced operation or was constructed or modified after October 22, 2003, including the contractual obligation to undertake and complete an order for an engine and then it will be considered a new engine for purposes of meeting the standards for a new engine in this rule. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: An owner or operator of an existing stationary IC engine that must be replaced with a new engine to meet emission limits listed in Section 300 shall be in compliance with the emission limits listed in Section 304, Table 3 by October 22, 2007. SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION: 324.16 501.1 Existing Engines: Existing IC engines or engine families shall demonstrate compliance with Section 300 by recordkeeping according to Section 502. Emission testing using the applicable test methods listed in Section 503 shall be performed if the Control Officer requests. 501.2 Existing Engine Families at a Source: When testing an engine family at one source, the number of engines tested should be the greater of either one engine or one third of all i dentical e ngines i n t he g roup. If an y o f t he representative engines exceed the emission limits, each engine in the g roup s hall demonstrate compliance by emissions testing. 501.3 New Engines / New Engine Families: Compliance with the l imitations listed in Section 304, Table 3 shall b e demonstrated by either: a. A statement from the manufacturer that the engine meets the most stringent emissions standards found in 40 CFR Part 89 or 90 applicable to the engine and its model year at the time of manufacture or b. Performance of emission testing using the test methods listed in Section 503. 501.4 Low Sulfur Oil Verification: If t he Co ntrol O fficer requests proof of the sulfur content, the owner or operator shall s ubmit fu el r eceipts, c ontract s pecifications, p ipeline meter t ickets, Material Safety Data Sh eets (M SDS), fu el supplier information or purchase records, if applicable, from the fuel supplier, indicating the sulfur content of the fuel oil. 324.17 In lieu of these, testing of the fuel oil for sulfur content to meet the 0.05% limit shall be permitted if so desired by the owner or operator for evidence of compliance. 501.5 Waste - Derived Fuel Sulfur Verification: The o wner or o perator s hall s ubmit d ocumentation o f t he concentration of the sulfur level of the waste- derived fuel to the Control Officer. 501.6 Test Method Conditions: The o wner o r o perator s hall use the test methods listed in Section 503 to determine compliance with the limitations in Section 304, Tables 1-3. Testing for stationary IC engines shall be completed under steady state conditions at either the maximum operating load or no less than 80% of the rated brake horsepower rating. If the owner or operator of an engine demonstrates to the Control Officer that the engine cannot operate at these conditions, t hen emissions so urce t esting sh all b e performed at t he h ighest ac hievable c ontinuous b rake horsepower rating or under the typical duty cycle or typical operational mode of the engine. 502 RECORDKEEPING / RECORDS RETENTION: The owner or operator o f an y stationary IC e ngine s ubject to t his rule s hall comply with the following requirements and keep records for a period of 5 years: 502.1 An o wner o r o perator o f an y IC engine, i ncluding emergency engines, prime engines and low usage engines, shall keep a record that includes an initial one time entry that l ists t he p articular e ngine combustion t ype (compression or spark-ignition or rich or lean burn); 324.18 manufacturer; mo del d esignation, r ated b rake h orsepower, serial number and where the engine is located on the site. 502.2 An owner or operator of a prime engine shall maintain a monthly record for prime engines which shall include: 1. Hours of operation; 2. Type of fuel used, and 3. Documentation verifying compliance with sulfur fuel content according to subsection 301.1. 502.3 An owner or operator of a prime engine shall maintain an annual record of good combustion procedures according to Section 302. 502.4 An owner or operator of an emergency engine and a nonemergency low-usage engine that meets the exemptions listed in Sections 104 and 105 shall keep an engine record that includes: 1. Monthly rolling twelve month total of hours of operation, including hours of operation for testing, reliability and maintenance; 2. Fuel type and sulfur content of fuel; and 3. Explanation for the use of the engine if it is used as an emergency engine. 503 TEST METHODS INCORPORATED BY REFERENCE: The Environmental Protection Agency (EPA) test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2004) and the American Society of T esting M aterials In ternational Methods as listed below, are incorporated by reference in Appendix G of the Maricopa County Rules and Regulations. The When more than one test m ethod is permitted for the same determination, a s listed in 324.19 subsections 503. 12, 503. 13, 503. 14, o r 503.15, an ex ceedance o f the limits established in this rule determined by any of the applicable t est m ethods c onstitutes a v iolation. C opies o f t est methods referenced in this section of this rule are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Suite 201, Phoenix, Arizona, 85004 -1942. 503.1 EPA Reference Methods 1 (“Sample and Velocity Traverses for Stationary Sources”) and 1A (“Sample and Velocity Traverses for Stationary Sources with Small Stacks and Ducts”) (40 CFR 60, Appendix A). 503.2 EPA Reference Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2A (“Direct Measurement o f G as V olume T hrough P ipes an d Smal l Ducts”), 2C (“Determination of Stack Gas Velocity and Volumetric Flow Rate in Small Stacks or Ducts”), and 2D (“Measurement of Gas Volumetric Flow Rates in Small Pipes and Ducts”) (40 CFR 60, Appendix A). 503.3 EPA R eference M ethods 3 (“ Determination o fD (“Determination of ry M Oxygen Gas A nalysis fo r t he olecular W and eight”), 3A Carbon Dioxide Concentrations in Emissions from Stationary Sources (Instrumental A nalyzer Procedure"), 3B (“ Gas A nalysis fo r the D etermination o f E mission R ate Co rrection F actor o f Excess A ir”), an d 3C (“ Determination o f Car bon D ioxide, Methane, N itrogen an d Oxygen fr om St ationary Sources”) (40 CFR 60, Appendix A). 503.4 EPA R eference M ethod 4 ( “Determination o f M oisture Content in Stack Gases”) (40 CFR 60, Appendix A). 324.20 503.5 EPA R eference M ethod 5 (“ Determination o f Particulate Emissions from Stationary Sources”) (40 CFR 60, Appendix A) 503.6 EPA R eference M ethod 2 02 ( “Determination o Condensable P articulate E missions fr om f Stationary Sources”) (40 CFR 51, Appendix M). 503.7 EPA Reference Methods 7 (“Determination of Nitrogen Oxide Emissions fr (“Determination of om St Nitrogen ationary So Oxide urces”), 7A Emissions form Stationary Sources - Ion chromatographic method”), 7B (“Determination of Nitrogen Oxide Emissions from Stationary So urces – Ultraviolet S pectrometry”), 7 C (“Determination of Nitrogen Oxide Emissions from Stationary Sources – Alkaline-Permanganate Colorimetric Method”), 7D Emissions (“ Determination o f N itrogen O xide from Permanganate (“Determination Stationary Sources – Alkaline Chromatographic M ethod”), an d of Nitrogen Oxide Emissions – 7E from Stationary Sources – Instrumental Analyzer Method“), (40 CFR 60, Appendix A). 503.8 EPA Reference Method 9 (“Visual Determination of the Opacity of Emissions from Stationary Sources”) (40 CFR 60, Appendix A). 503.9 EPA R eference M ethod 10 (“ Determination o f Car bon Monoxide from Stationary Sources”) (40 CFR 60, Appendix A). 324.21 503.10 EPA Reference Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) (40 CFR 60, Appendix A). 503.11 EPA R eference M ethod 25A (“ Determination o f T otal Gaseous Organic Concentration Using a Flame Ionization Analyzer”) (40 CFR 60, Appendix A). 503.12 American Society of Testing Materials International, ASTM Method D 1266-98 (“ Standard T est Method fo r Sulfur i n Petroleum Products (Lamp Method)”), 1998. 503.13 American Society of Testing Materials International, ASTM Method D2622-98 (“Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry”), 1998. 503.14 American Society of Testing Materials International, ASTM Method D2880-71, 78 or 96 (“Standard Specification for Gas Turbine Fuel Oils”), 1971 or 1978 or 1996. 503.15 American Society of Testing Materials International, ASTM Method D 4294-98 (“ Standard T est Method fo r Sulfur i n Petroleum Products by Energy-Dispersive X-Ray Fluoresence Spectroscopy”) 1990 or 1998. 503.16 American Society of Testing Materials International, ASTM Method D5504-01(“Standard Test Method for Determination o f Sulfur Compounds i n N atural G as an d Gaseous F uels b yG Chemiluminescence), 2006. 324.22 as Ch romatography an d Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 325 BRICK AND STRUCTURAL CLAY PRODUCTS (BSCP) MANUFACTURING INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 – DEFINITIONS 201 BRICK AND STRUCTURAL CLAY PRODUCTS (BSCP) MANUFACTURING FACILITY 202 CONTINUOUS KILN 203 EXISTING KILN 204 KILN FEED 205 PERIODIC KILN 206 RESEARCH AND DEVELOPMENT TUNNEL KILN 207 TUNNEL KILN SECTION 300 – STANDARDS 301 OPACITY LIMITATIONS FOR ALL TUNNEL KILNS SUBJECT TO THIS RULE 302 LIMITATIONS FOR EXISTING TUNNEL KILNS AT BRICK OR STRUCTURAL PRODUCT (BSCP) MANUFACTURING FACILITIES 303 LIMITATIONS FOR NEW OR RECONSTRUCTED TUNNEL KILNS AT BRICK OR STRUCTURAL PRODUCT (BSCP) MANUFACTURING FACILITIES SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE 325-1 SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION 502 RECORDKEEPING/RECORDS RETENTION 503 TEST METHODS 325-2 Adopted 08/10/05 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 325 BRICK AND STRUCTURAL CLAY PRODUCTS (BSCP) MANUFACTURING SECTION 100 – GENERAL 101 PURPOSE: To limit particulate matter emissions from the use of tunnel kilns for curing in the brick and structural clay product (BSCP) manufacturing processes. 102 APPLICABILITY: This rule applies to any existing, new or reconstructed tunnel kiln, used in the commercial and industrial brick and structural clay product manufacturing processes. Co mpliance with the provisions o f this rule s hall not relieve any person subject to the requirements of this rule from complying with any other federally enforceable New Sources Performance Standards (NSPS). In such cases, the most stringent standard shall apply. 103 EXEMPTIONS: E xisting, n ew o r reconstructed t unnel kilns t hat ar e used exclusively for research and development and are not used to manufacture products for commercial sale are not subject to this rule. SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 BRICK AND STRUCTURAL CLAY PRODUCTS (BSCP) MANUFACTURING FACILITY - A s ite t hat manufactures b rick including, b ut n ot l imited t o: fac e brick, structural brick and brick pavers; claypipe; roof tile; extruded floor and wall tile; an d/or o ther extruded, dimensional, clay p roducts. B rick products manufacturing facilities typically process raw clay and shale, form the processed materials into bricks or shapes, and dry and fire the bricks or shapes. 325-3 202 CONTINUOUS KILN – A heated chamber that heats dense loads uniformly and efficiently, an d c an b e used wi thout i nterruption fo r h igh v olume p roduction. Continuous kilns are kilns that perform well in the consistent high production of wares. Continuous kilns include tunnel kilns, shuttle kilns, fixed-hearth kilns, bee hive k ilns, r oller k ilns, sl ed k ilns, d ecorating k ilns, a nd p usher sl ab k ilns. M ost continuous kilns are tunnel kilns. 203 EXISTING KILN - A kiln that is in operation before the date of adoption of this rule. 204 KILN FEED – All mat erials e xcept fuel e ntering the t unnel k iln, including r aw feed and recycle dust, measured on a dry basis. 205 PERIODIC KILN – A kiln that operates on an intermittent basis to heat wares, holding them at a uniform peak temperature and cool the wares. Periodic kilns are best for inconsistent or low-volume production. 206 RESEARCH AND DEVELOPMENT TUNNEL KILN - Any t unnel k iln wh ose purpose is to c onduct research a nd development for new processes and products and is not engaged in the manufacture of commercial products for sale. 207 TUNNEL KILN – Any c ontinuous kiln that is used to fire brick an d structural clay products. Tunnel kilns may have two process streams, including a process stream that exhausts directly to the atmosphere or to an Air Pollution Control Device, and a process stream in which the kiln exhaust is ducted to a brick dryer where it is used to dry bricks before the exhaust is emitted to the atmosphere. SECTION 300 – STANDARDS 301 OPACITY LIMITATIONS FOR ALL TUNNEL KILNS SUBJECT TO THIS RULE: No person shall discharge into the ambient air from any single source of emissions any air contaminant, other than uncombined water, in excess of 20% opacity. 325-4 302 LIMITATIONS FOR EXISTING TUNNEL KILNS AT BRICK OR STRUCTURAL PRODUCT (BSCP) MANUFACTURING FACILITIES: 302.1 No owner or operator shall emit more than 0.42 lbs. of particulate matter per ton of fired product from a tunnel kiln with a capacity of ≥1 tons per hour throughput. 303 LIMITATIONS FOR NEW OR RECONSTRUCTED TUNNEL KILNS AT BRICK OR STRUCTURAL PRODUCT (BSCP) MANUFACTURING FACILITIES: 303.1 No owner or operator shall emit more than 0.42 lbs. of particulate matter per ton of fired product from a tunnel kiln with a capacity of <10 tons per hour throughput. 303.2 No owner or operator shall emit more than 0.12 lbs. of particulate matter per ton of fired product from a tunnel kiln with a capacity of ≥10 tons per hour throughput. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: Any owner or operator of a tunnel kiln subject to this rule shall meet the following milestones: 401.1 Submit a c ompliance p lan, b y D ecember 3 1, 2 005, t o the Co ntrol Officer fo r ap proval which d escribes t he me thod(s) u sed t o achieve full c ompliance wi th t he r ule. T his p lan s hall s pecify d ates fo r completing i ncrements o f p rogress, s uch as t he c ontractual ar rival date o f n ew c ontrol e quipment. T he Co ntrol O fficer may r equire an owner or operator submitting the compliance plan to also submit subsequent reports on progress in achieving compliance; and 401.2 Attain fu ll c ompliance with al l o f t he s tandards i n t his r ule b y December 31, 2006. 325-5 SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION: Compliance s hall b e d emonstrated as follows: 501.1 Compliance with Section 301 shall be demonstrated by performance of Method 9 listed in Section 503.1; and 501.2 Compliance with Sections 302 and 303 shall be demonstrated by performance of the test methods listed in Section 503.2 and 503.3. 502 RECORDKEEPING / RECORDS RETENTION: The owner or operator of any kiln s ubject t o t his r ule shall c omply with t he following r equirements an d k eep records for a period of 5 years: 502.1 Daily records of kiln feed fired and hours of operation; and 502.2 Monthly records of material delivered to the site for processing in the tunnel kiln and the amount of product produced reported in tons. 503 TEST METHODS: The Environmental Protection Agency (EPA) test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 2004), as listed below, are adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this section of this rule are available at the Maricopa County Air Quality Department, 1001 No rth Central Avenue, Suite 695, Phoenix, Arizona, 85004. 503.1 EPA R eference M ethod 9 (“ Visual D etermination o f t he O pacity o f Emissions from Stationary Sources”), (40 CFR 60, Appendix A). 503.2 EPA Reference Method 5 (“Determination of Particulate Emissions from Stationary Sources”), (40 CFR 60, Appendix A). 325-6 503.3 EPA Reference Method 202 (“Determination of Condensible Particulate Emissions from Stationary Sources”), (40 CFR 51, Appendix M). 325-7 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 330 VOLATILE ORGANIC COMPOUNDS INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS 201 DAY 202 NON-COMPLYING SOLVENT 203 NON-PRECURSOR ORGANIC COMPOUND 204 ORGANIC COMPOUND 205 ORGANIC SOLVENT 206 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITATIONS - OPERATIONS INVOLVING HEAT 302 LIMITATIONS - NON-COMPLYING SOLVENTS 303 LIMITATIONS - PROCESS LINES 304 REDUCTIONS REQUIRED 305 EQUIPMENT CLEANUP 306 VOC CONTAINMENT AND DISPOSAL 307 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 330.1 501 PROVIDING AND MAINTAINING MONITORING DEVICES 502 DETERMINATION OF COMPLIANCE 503 RECORDKEEPING AND REPORTING 504 TEST METHODS 330.2 Revised 07/13/88 Revised 09/21/92 Revised 06/19/96 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 330 VOLATILE ORGANIC COMPOUNDS SECTION 100 - GENERAL 101 PURPOSE: To limit emissions of vol atile organic compounds i nto t he atmosphere that may result from the use of organic solvents or processes that emit volatile organic compounds. SECTION 200 - DEFINITIONS: For t he pur pose of t his r ule, t he f ollowing de finitions s hall apply: 201 DAY - A period of 24 consecutive hours beginning at midnight. 202 NON-COMPLYING SOLVENT - A s olvent w hich ex ceeds t he applicable percentage composition limit for any of the four chemical groupings listed below. 202.1 Group I: One or more of t he f ollowing f amilies of c ompounds ha ving t he olefinic o r cy clo-olefinic t ype of uns aturation − hydrocarbons, a lcohols, aldehydes, esters, ethers, and/or ketones; except perchloroethylene: 5 percent by volume. 202.2 Group I I: O ne o r m ore a romatic c ompounds ha ving e ight or m ore carbon atoms t o t he m olecule e xcept e thylbenzene, m ethyl be nzoate, a nd phe nyl acetate: 8 percent by volume. 202.3 Group III: One or more of the following compounds and compound types − ketones ha ving a br anched hy drocarbon s tructure, ethylbenzene, trichloroethylene, and/or toluene: 20 percent by volume. 202.4 An aggregate of any combination of the above three groups: 20 pe rcent by volume. 330.3 202.5 Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical s tructure i nto m ore t han one of t he a bove groups of organic compounds, i t s hall be considered a member of the most reactive c hemical g roup th at it c an b e c lassified in to, that is, that group having the lowest percentage composition limit. 203 NON-PRECURSOR ORGANIC COMPOUND - Any of t he f ollowing or ganic compounds w hich ha ve be en de signated by t he E PA as having negligible photochemical r eactivity: me thane; ethane; m ethylene chloride (dichloromethane); 1,1,1−trichloroethane; tr ichlorofluoromethane ( CFC−11); di chlorodifluoromethane (CFC−12); c hlorodifluoromethane ( CFC−22); 1,1,2 −trichlorotrifluoroethane (CFC−113); 1,2 −dichlorotetrafluoroethane ( CFC−114); c hloropentafluoroethane (CFC−115); t rifluoromethane ( FC−23); 2,2 −dichloro-1,1,1−trifluoroethane (HCFC−123); 2 −chloro-1,1,1,2−tetrafluoroethane ( HCFC−124); 1,1 −dichloro1−fluoroethane ( HCFC−141b); 1 −chloro-1,1−difluoroethane ( HCFC−142b); pe ntafluoroethane (HFC−125); 1,1,2,2−tetrafluoroethane (HFC−134); 1,1,1,2 −tetrafluoroethane ( HFC−134a); 1,1,1 −trifluoroethane ( HFC−143a); 1,1 −difluoroethane (HFC−152a); all completely f luorinated, c ompletely s aturated: a lkanes, e thers a nd tertiary amines. 204 ORGANIC COMPOUND - Any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, carbonates, and metallic carbides. 205 ORGANIC SOLVENT - Any organic compound which is liquid at actual conditions of use or storage and which is used as a diluent, thinner, dissolver, viscosity reducer, extractant, cleaning agent or is a reactant or product in a manufacturing process. 206 VOLATILE ORGANIC COMPOUND (VOC) - Any or ganic c ompound e xcept non-precursor organic compounds. SECTION 300 - STANDARDS 301 LIMITATIONS - OPERATIONS INVOLVING HEAT: No pe rson s hall discharge more than 15 pounds ( 6.8 kg ) of vol atile or ganic c ompounds i nto t he atmosphere in any one day from any m achine, equipment, device, or ot her article in which a ny vol atile or ganic c ompound or a ny m aterial containing a volatile organic compound comes into contact with flame or is evaporated at temperatures exceeding 200°F (93.3°C), in the presence of oxygen, unless the entire amount of such discharge has been reduced in accordance with Section 304 of this rule. 330.4 302 LIMITATIONS - NON-COMPLYING SOLVENTS: Excluding emissions subject to Section 301 above, no pe rson s hall di scharge m ore t han 40 pounds ( 18 kg ) of volatile or ganic c ompounds i nto t he a tmosphere in any one da y f rom a ny m achine, equipment, device or other article for employing, applying, evaporating or drying any non-complying solvent (as defined in Section 202 of this rule) or material containing such non -complying s olvent, unl ess t he e ntire a mount of s uch di scharge has been reduced in accordance with Section 304 of this rule. 303 LIMITATIONS - PROCESS LINES: Emissions of V OCs f rom a ny s eries of machines, equipment, devices or other articles which are designed for processing any item including but not limited to continuous web(s), strip(s), or wire(s) and which use operations described in Sections 301 a nd/or 302 of t his r ule s hall be c ollectively subject to the limitations of and compliance with those sections. 304 REDUCTIONS REQUIRED: Emission t o t he a tmosphere of volatile organic compounds r equiring c ontrol pur suant t o S ection 301 or 302 of t his r ule shall be reduced by at least one of the following methods: 304.1 Incineration, provided t hat 90 pe rcent or m ore of t he c arbon i n t he volatile organic c ompounds e ntering t he i ncineration de vice i s oxidized to carbon dioxide and overall control efficiency (capture plus processing) is at least 85 percent by weight; or 304.2 Adsorption, provided that overall control efficiency (capture plus processing) is at least 85 percent by weight; or 304.3 Using low VOC material c ontaining no m ore t han 20 pe rcent V OC by volume ( as de termined by t he a pplicable t est method(s) and excluding non−precursor or ganic c ompounds a nd w ater), pr ovided t hat n o VOC fro m the material comes into contact with flame; or 304.4 Processing in a manner not less effective than in subsection 304.1 or 304.2 of this rule and verified by test methods of this rule. 304.5 The owner or operator using an emissions control device to reduce emissions in accordance with t his s ection s hall pr ovide t he C ontrol O fficer w ith a n Operation and Maintenance (O&M) Plan. This plan shall specify key system operating parameters, such as t emperatures, p ressures an d/or f low r ates, necessary to determine c ompliance w ith th is r ule a nd d escribe in d etail procedures to maintain the approved emission control system. T he Control Officer's written approval of this plan shall be required for compliance with this rule to be achieved. 330.5 305 306 307 EQUIPMENT CLEANUP: A person shall not use any liquid materials containing more than 10 percent volatile organic compounds for the cleanup of equipment unless: 305.1 The used cleaning liquids are collected in a container which is closed when not in use a nd i s disposed of i n a m anner s uch t hat vol atile or ganic compounds are not emitted into the atmosphere, or 305.2 The equipment is disassembled and cleaned in a solvent vat which is closed when not in use, or cleaning is done by other methods, approved in writing by the Control Officer, which limit evaporation. VOC CONTAINMENT AND DISPOSAL: No person s hall s tore, di scard, or dispose of VOC or VOC-containing material in a way intended to cause or to allow the evaporation of VOC t o t he a tmosphere. R easonable m easures s hall b e t aken t o prevent such evaporation which include but are not limited to the following: 306.1 All materials from which VOC can evaporate, including fresh solvent, waste solvent a nd s olvent-soaked rags and r esidues, s hall be s tored i n c losed containers when not in use; and 306.2 Such c ontainers one g allon a nd l arger s hall be l egibly labeled with their contents; and 306.3 Records of the disposal/recovery of such materials shall be kept. Records of hazardous waste di sposal s hall be k ept i n acco rdance w ith h azardous waste disposal statutes. EXEMPTIONS: The provisions of this rule shall not apply to: 307.1 Organic solvent manufacturing facilities and the overland transport of organic solvents and materials containing VOC. 307.2 The us e of e quipment, m aterials, a nd/or s ubstances w hich m eet a pplicable requirements and standards specified by other rules of Regulation III. 307.3 The spraying or other employment of insecticides, pesticides or herbicides. 307.4 Foundries; smelters; melting or roasting of metal, ore, or dross; all operations included under Standard Industrial C lassification c odes 3312, 3313, 332, 333, 334, 336, a nd 3398; a nd a ll on -site mold making a ctivities a t s uch operations and industries. 330.6 SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: Any pe rson e mploying a c ontrol de vice a s of September 21, 1992, to meet the emissions reductions requirement of this rule shall by November 20, 1992, file an Operation and Maintenance Plan with the Control Officer pursuant to Section 501 of this rule. SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: Any pe rson incinerating, adsorbing, or otherwise processing organic materials pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in ope ration, de vices s pecified i n t he O peration a nd Maintenance Plan as well as in either the P ermit to O perate o r th e I nstallation P ermit f or in dicating te mperatures, pressures, rates of flow, or other operating c onditions ne cessary t o de termine i f a ir pollution control equipment is functioning properly and is properly maintained. 502 DETERMINATION OF COMPLIANCE: Determination of t he or ganic solvent content and composition of a solvent or material shall be made as of the time that the solvent or material is in its final form for application or employment, notwithstanding any prior blending, reducing, thinning or ot her pr eparation f or a pplication or employment. E missions resulting from air or heat drying of products for the first 12 hours after the removal from any machine, equipment, device or other article shall be included in determining compliance with this rule. 503 RECORDKEEPING AND REPORTING: Any pe rson s ubject t o t his r ule s hall comply with the following requirements. R ecords shall be retained for five years and shall be made available to the Control Officer upon request. 503.1 Current List: Maintain a c urrent l ist of coatings, adhesives, makeup solvents, and any other VOC-containing materials; state the VOC content of each in pounds per gallon or grams per liter. VOC content shall be expressed less water and non-precursor compounds for materials which are not used for cleaning or cleanup. 503.2 Monthly Usage Records: Maintain monthly records of the amount of each coating; adhesive; makeup solvent; solvent used for surface preparation, for cleanup, and f or t he r emoval of m aterials; and a ny ot her V OC-containing material used. Identify any materials subject to the emission limits in Section 301 or Section 302 and keep separate totals for these materials. 330.7 504 503.3 Operation and Maintenance: Maintain a continuous record of the times an approved emission control device is used to comply with this rule. Maintain daily records of the O&M Plan's key system operating parameters. Account for any periods of ope ration w hen t he c ontrol de vice w as not ope rating. Maintain records of all maintenance performed according to the O&M Plan. 503.4 Discarded Materials: Maintain records of the type, amount, and method of disposing of VOC-containing materials on each day of disposal. TEST METHODS: 504.1 Measurement of VOC content of materials shall be conducted and reported in accordance with EPA Test Method 24 (40 CFR 60, Appendix A). 504.2 The non-complying organic compound content shall be determined using the ASTM S tandard R ecommended P ractices f or G eneral G as Chromatography Procedures, E 260-85; General Techniques of Infrared Quantitative Analysis, E 168-67; or General Techniques of Ultraviolet Quantitative Analysis, E 16987. 504.3 Measurements of the water a nd e xempt s olvent va por c ontent s hall be conducted in accordance with ASTM Test Methods D 4457-85 and D 379286. 504.4 Measurement of VOC emissions s ubject t o t his r ule s hall be c onducted i n accordance w ith E PA T est M ethod 18 a nd/or by E PA M ethod 25 or an applicable s ubmethod of M ethod 25 ( 40 CFR 60, Appendix A ), i n combination with the appropriate capture efficiency method. 504.5 Capture/control e fficiency shall be determined b y m ass b alance i n combination with ventilation/draft r ate d eterminations o r b y " Using a Temporary Total Enclosure for Capture Efficiency Testing", EPA-450/4-91020. 504.6 Ventilation/draft rates shall be determined by EPA Methods 2, 2a, 2c, and 2d. 504.7 Temperature m easurements s hall be done w ith an instrument with an accuracy and precision of l ess t han one-half degree Fahrenheit (0.25°C) fo r temperatures up to 480°F (250°C). Higher temperatures shall be determined by i nstruments no less accurate than 1.0 pe rcent of f ull s cale unl ess t he Control Officer specifies greater accuracy. 330.8 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 331 SOLVENT CLEANING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 AGITATION, AGITATED 202 BATCH CLEANING MACHINE 203 BLASTING/MISTING WITH SOLVENT 204 CABINET STYLE CLEANING MACHINES 205 CARRY-OUT 206 CLEANING-SOLVENT 207 CONFORMING SOLVENT 208 DEGREASER 209 DRY SOLID 210 EMISSION CONTROL SYSTEM (ECS) 211 FLUSHING WITH SOLVENT 212 FREEBOARD HEIGHT 213 FREEBOARD RATIO 214 HEATED SOLVENT 215 IMPERVIOUS 216 IN-LINE CLEANING MACHINE (CONTINUOUS CLEANING MACHINE) 217 JANITORIAL CLEANING 218 LEAK 219 LOW-VOC CLEANER 220 MAKE-UP SOLVENT 221 MATERIAL VOC CONTENT 222 NON-CONFORMING SOLVENT 223 NON-PRECURSOR ORGANIC COMPOUND 224 ORGANIC COMPOUND 331.1 225 REFRIGERATED FREEBOARD CHILLER 226 REMOTE RESERVOIR CLEANING MACHINE (DEGREASER) 227 SEALED SYSTEM 228 SOLVENT 229 SOLVENT CLEANING MACHINE (CLEANING MACHINE) (DEGREASER) 230 SOLVENT/AIR INTERFACE 231 SOLVENT/AIR INTERFACE AREA 232 TOTAL VOC VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) 233 VAPOR CLEANING MACHINE 234 VOC CONTENT OF MATERIAL 235 VOLATILE ORGANIC COMPOUND (VOC) 236 WIPE CLEANING SECTION 300 - STANDARDS 301 SOLVENT HANDLING REQUIREMENTS 302 EQUIPMENT REQUIREMENTS FOR ALL CLEANING MACHINES 303 SPECIFIC OPERATING & SIGNAGE REQUIREMENTS FOR CLEANING MACHINES 304 SOLVENT SPECIFICATIONS FOR NON-VAPOR CLEANING AND DEGREASING 305 NON-VAPOR BATCH CLEANING MACHINES 306 NON-VAPOR IN-LINE CLEANING MACHINES 307 SPECIAL NON-VAPOR CLEANING SITUATIONS 308 EXEMPTIONS 309 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION AND TEST METHODS APPENDIX TO RULE 331 VAPOR CLEANING MACHINES AND EMISSION CONTROL SYSTEMS 331.2 Revised 07/13/88 Revised 06/22/92 Revised 06/19/96 Revised 04/07/99 Revised 04/21/04 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 331 SOLVENT CLEANING SECTION 100 - GENERAL 101 PURPOSE: To limit the emissions of volatile organic compounds (VOCs) from cleaning operations. 102 APPLICABILITY: This rule is applicable to operations using VOC-containing solvents to remove impurities from exterior or interior surfaces. Compliance with the provisions of this rule shall not relieve any person subject to the requirements of this rule from complying with any other federally enforceable requirements. In such case, the more stringent requirement shall apply. In any instance where more than one of the requirements set forth in this rule may be applicable, the most restrictive requirement shall apply. 102.1 Solvents r egulated by t his r ule may al so b e regulated b y N ew So urce Performance Standards (NSPS) in Rule 360 of these rules and/or National Emission St andards fo r Hazardous A ir P ollutants (N ESHAPs) i n R ule 370 of these rules. 102.2 This rule is not applicable to: a. A solvent cleaning operation that is subject to or specifically exempted b y an E PA a pproved version o f an other r ule wi thin Regulation III of these rules. b. Janitorial cleaning. c. Testing for surface cleanliness or the cleaning of laboratory equipment at the laboratory. d. A cleaning-solvent that meets any of the following: (1) Is c omposed o f at l east 98% wat er by e ither weight o r volume; or 331.3 (2) Contains only water and material which is a dry solid before mixing with water; or (3) Has a V OC content not exceeding 20 grams per liter (0.17 lb/gal). 102.3 Partial or conditional exemptions from this rule are set forth in Section 308 of this rule. SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 AGITATION, AGITATED – A me ans o r s tate t hat mo ves c leaning l iquid continuously back and forth, or up and down. This includes such motion created by sound waves, and to the splashing of a rinse stream operated at a pressure that creates a t rajectory exceeding 2 feet along the horizontal plane intersecting the nozzle when the n ozzle is at a 45° angle above t he plane. Li quid motion incidental to a continuous entrance or withdrawal of objects undergoing cleaning is not agitation. 202 BATCH CLEANING MACHINE – A solvent cleaning machine in which individual parts or a set of parts move through the entire cleaning cycle before new parts are i ntroduced i nto t he s olvent c leaning mac hine. A s olvent c leaning mac hine, such as a fe rris wheel or a cross-rod degreaser, that cleans multiple batch loads simultaneously and is manually loaded, is a batch cleaning machine. 203 BLASTING/MISTING WITH SOLVENT – Cleaning with an applicator that propels cleaning-solvent through the air with a pressure exceeding 10 psig (516 mm Hg), or that atomizes the solvent into mist and/or droplets. 204 CABINET STYLE CLEANING MACHINES – Cleaning machines typically similar in design to domestic dishwashers that are completely enclosed except for optional stack, and have their own reservoir and sump. 205 CARRY-OUT – Solvent c arried o ut o f a c leaning mac hine al ong wi th a p art being removed from the cleaning machine. The solvent may exist as a liquid coating the part or the part’s hanger, or as a liquid entrapped in cavities and irregular surfaces, or entrapped by capillary action within or on the part. 206 CLEANING-SOLVENT – Solvent used for cleaning that contains more than 2.0% VOC by weight and more than 20 grams of VOC per liter (0.17 lb/gal). 207 CONFORMING SOLVENT - A c leaning-solvent having a t otal V OC vapor pressure at 68°F (20°C) not exceeding 1 millimeter of mercury column. 208 DEGREASER – See SOLVENT CLEANING MACHINE. 331.4 209 DRY SOLID - Any substance that appears and feels dry. Evaporating solids, all of which have a strong odor, are not included. 210 EMISSION CONTROL SYSTEM (ECS) - A sy stem f or r educing emissions o f volatile o rganic c ompounds, c onsisting o f b oth a c apture s ystem and c ontrol device(s). 211 FLUSHING WITH SOLVENT - Introducing c leaning-solvent d irectly i nto t he internal s pace(s) o f an object o r as sembly u sing a h ose o r p ipe. Rinsing t he outside of an object or assembly and swishing an object or assembly in cleaningsolvent are not considered flushing with solvent. Such activities must comply with Section 303.1 of this rule. 212 FREEBOARD HEIGHT – 212.1 Batch Cleaning Machine: The v ertical d istance fr om t he s olvent/air interface t o t he l east e levated p oint o f t he t op-rim wh en t he c over i s open or removed, measured during idling mode. 212.2 In-Line Cleaning Machine: The vertical distance from the solvent/air interface to the lowest entry/exit point, measured during idling mode. 213 FREEBOARD RATIO – The r atio o f t he s olvent c leaning mac hine fr eeboard height t o t he s maller i nterior d imension (l ength, wi dth, o r d iameter) o f t he solvent cleaning machine. 214 HEATED SOLVENT - Any c leaning-solvent wh ich i s h eated by a d evice t o a temperature exceeding 120°F (49°C). 215 IMPERVIOUS – Neither absorbing, adsorbing, nor allowing penetration through, by liquid or vapors. 216 IN-LINE CLEANING MACHINE (CONTINUOUS CLEANING MACHINE) – A solvent cleaning machine that uses an automated handling system, typically a conveyor or automated arm(s), to automatically provide a continuous supply of items to be cleaned. The cleaned item leaves by a route different from its entry route. 217 JANITORIAL CLEANING – The c leaning o f b uilding o r fac ility c omponents t o keep work areas in clean condition. Building or facility components include, but are not limited to, floors, ceilings, walls, windows, doors, stairs, bathrooms, furnishings, t extiles, w ash r ags, u niforms, a nd e xterior surfaces o f o ffice equipment. 218 LEAK – The state or condition in which a cleaning-solvent, excluding a Low-VOC Cleaner, is allowed to seep or drip, or otherwise enters or escapes, at either of the following rate or magnitude: 331.5 218.1 Three or more drops of liquid cleaning-solvent per minute; or 218.2 Any puddle of cleaning-solvent greater than 1 square inch. 219 LOW-VOC CLEANER - Any solution or homogeneous suspension that, as used, contains less than 50 grams of VOC per liter of material (0.42 lb VOC/gal) or is at least 95% wat er by w eight o r v olume as d etermined b y an ap plicable t est method in Section 502 of this rule. 220 MAKE-UP SOLVENT - A cleaning-solvent that replaces solvent lost through evaporation or other means, and that is added to the solvent remaining in a cleaning machine (degreaser) to bring solvent quantity to the desired level. 221 MATERIAL VOC CONTENT – See VOC CONTENT OF MATERIAL. 222 NON-CONFORMING SOLVENT - A cleaning-solvent having a total VOC vapor pressure at 68°F (20°C) exceeding 1 millimeter of mercury column. 223 NON-PRECURSOR ORGANIC COMPOUND – Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such c ompounds as “ exempt”. A l isting o f t he compounds is found in Rule 100. 224 ORGANIC COMPOUND – Any compound of carbon, excluding carbon monoxide, carbon d ioxide, c arbonic ac id, me tallic c arbides or c arbonates, an d am monium carbonate. 225 REFRIGERATED FREEBOARD CHILLER – A control device which is mounted above an y c ooling-water j acket o r p rimary condenser c oils, c onsisting o f secondary c oils wh ich c arry a r efrigerant t o p rovide a c hilled ai r b lanket ab ove the solvent vapor/air interface to reduce emissions from the cleaning machine (degreaser) bath. 226 REMOTE RESERVOIR CLEANING MACHINE (DEGREASER) - Any nonvapor c leaning mac hine (d egreaser) i n wh ich t he r eservoir fo r s toring t he cleaning-solvent is completely separated by impervious surfaces from the sink or basin where cleaning is performed, except for a connecting tube through which solvent returns to the reservoir when cleaning is stopped. 227 SEALED SYSTEM - An Air-tight or Airless Cleaning System that is operated and equipped pursuant to Section 304.3 of this rule. 228 SOLVENT – For the p urpose o f t his r ule, an y l iquid o r v apor wh ich i s used t o dissolve, clean, strip, or remove impurities, coatings, contaminants, or films from surfaces o r from i nternal s paces an d v oids. In ad dition t o V OC-containing solvents, this also includes plain water and mixtures containing water. 331.6 229 SOLVENT CLEANING MACHINE (CLEANING MACHINE) (DEGREASER) Any l iquid c ontainer an d an cillary e quipment d esigned t o c lean s urfaces and/or remove surface contaminants using cleaning-solvents. 230 SOLVENT/AIR INTERFACE – 230.1 Non-Vapor Cleaner: The location of contact between the liquid solvent and the air. 230.2 Vapor Cleaner: The location of contact between the concentrated layer of solvent vapor and the air. 231 SOLVENT/AIR INTERFACE AREA – 231.1 Non-Vapor Cleaner: a. With Included/Integral Reservoir: The surface area of liquid cleaning-solvent that is exposed to the air. b. With Remote Reservoir: The surface area of the solvent sink or work area. 231.2 Vapor Cleaner: The area of the horizontal plane that is located halfway between the highest and lowest points of the primary condenser coils and which contacts the interior walls of the cleaning machine. 232 TOTAL VOC VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) Within a solution or homogenous mixture, it is the sum of the partial pressures of all those components that are defined as VOCs, calculated according to the formula in Section 502.3 of this rule. 233 VAPOR CLEANING MACHINE - Any cleaning machine in which solvent-vapor from boiling cleaning solvent is utilized for cleaning object. 234 VOC CONTENT OF MATERIAL(MATERIAL VOC CONTENT) VOC CONTENT OF MATERIAL as a percent = Ws −Ww −Wes X 100% Wm Using consistently either pounds or grams in the calculations: Where: Ws = weight of volatile material in pounds (or grams), including water, non-precursor organic compounds, and dissolved vapors. Ww = weight of water in pounds (or grams) Wes = total weight of non-precursor organic compounds in pounds (or grams) Wm = weight of total material in pounds(or grams) 331.7 VOC CONTENT OF MATERIAL in pounds per gallon (g/l) = Ws − Ww − Wes Vm Using consistently either English or metric measures in the calculations Where: Ws = weight of all volatile material in pounds (or grams) including VOC, water, non-precursor organic compounds and dissolved vapors. Ww = weight of water in pounds (or grams) Wes = weight of all non-precursor compounds in pounds (or grams) Vm = volume of total material in gallons (or liters) 235 VOLATILE ORGANIC COMPOUND (VOC) - Any o rganic c ompound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. 236 WIPE CLEANING - That method of removing contaminants from a surface by physically rubbing or automatically rubbing with a p orous or absorbent material, such as a rag, paper, sponge, or cotton swab, moistened with a solvent. SECTION 300 - STANDARDS 301 SOLVENT HANDLING REQUIREMENTS: applies must comply with all of the following: Any person to whom this rule 301.1 All c leaning-solvent, i ncluding s olvent s oaked m aterials, s hall b e k ept i n closed, leakfree, impervious containers that are opened only when adding or removing material. a. Porous or absorbent materials used for wipe cleaning shall be stored in closed containers when not in use. b. Each container shall be clearly labeled with its contents. 301.2 If any cleaning-solvent escapes from a container: a. Wipe up or otherwise remove immediately if in accessible areas. b. For areas where access is not feasible during normal production, remove as soon as reasonably possible. 301.3 Unless records s how t hat V OC-containing cleaning material was s ent offsite for legal disposal, it will be assumed that it evaporated on site. 302 EQUIPMENT REQUIREMENTS FOR ALL CLEANING MACHINES: Any person operating a cleaning machine to which this rule applies must comply with all of the following: 331.8 302.1 Provide a leakfree, impervious container (degreaser) for the solvents and the articles being cleaned. a. The V OC-containment p ortion s hall be i mpervious t o VOCcontaining liquid and vapors. b. No surface of any freeboard required by this rule shall have an opening o r d uct through wh ich V OC c an e scape t o t he atmosphere, except as controlled by an ECS, or as required by OSHA. 302.2 Properly maintain and operate all cleaning machine e quipment required by this rule and any of its emission controls required by this rule. 303 SPECIFIC OPERATING & SIGNAGE REQUIREMENTS FOR CLEANING MACHINES: Any p erson wh o c leans wi th c leaning-solvent o ther t han a L owVOC Cleaner must conform to all of the following operating requirements: 303.1 Operating Requirements: a. Fans: Do not locate nor position comfort fans in such a way as to direct airflow across the opening of any cleaning machine. b. Cover: Do not remove any device designed to cover the solvent unless processing work in the cleaning machine or maintaining the machine. c. Draining: Drain c leaned p arts fo r at l east 15 s econds aft er cleaning or until dripping ceases, whichever is later. d. Spraying: If using a cleaning-solvent spray system, (1) Use o nly a c ontinuous, u ndivided s tream (n ot a fi ne, atomized, or shower type spray). (2) Pressure at the orifice from which the solvent emerges shall not exceed 10 p sig and shall not cause liquid solvent to splash outside of the solvent container. (3) In an i n-line c leaning machine, a s hower-type s pray i s allowed, provided that the spraying is conducted in a totally confined space that is separated from the environment. (4) Exceptions to foregoing Sections 303.1d(1), (2), and (3) are provided for in Section 307 of this rule. 331.9 e. Agitation: No person shall cause agitation of a cleaning-solvent in a cleaning machine by sparging with air or other gas. Covers shall be placed over ultrasonic cleaners when the cl eaning cycle exceeds 15 seconds. f. No Porous Material: (1) Do not clean nor use porous or absorbent materials to clean p arts o r p roducts i n a c leaning mac hine. F or t he purpose of this rule, porous or absorbent materials include, but are not limited to, cloth, leather, wood, and rope. (2) Do not place an object with a sealed wood handle, including a brush, in or on a cleaning machine. (3) Do not place porous or absorbent materials, including, but not limited to, cloth, leather, wood, and rope on a cleaning machine. g. Vent Rates: The v entilation r ate at t he c leaning mac hine s hall not exceed 65 cfm per square foot of evaporative surface (20 m3/min./m2), unless that rate must be changed to meet a standard specified and certified by a Ce rtified Safety Professional, a Certified Industrial Hygienist, or a licensed professional engineer experienced i n v entilation, t o me et h ealth an d s afety requirements. h. Hoist Speed: Limit the vertical speed of mechanical hoists moving parts in and out of the cleaning machine to a maximum of 2.2 inches per second and 11 ft/min. (3.3 m/min.). i. Contamination Prevention: Prevent cross contamination of solvents r egulated b y S ection 304 o f t his r ule with s olvents t hat are n ot s o r egulated. U se s igns, s eparated wo rk-areas, o r o ther effective me ans fo r t his p urpose. T his i ncludes t hose s pray g un cleaning s olvents t hat ar e r egulated b y an other r ule o f t hese rules. j. Filtration Devices: If a filtration device (e.g., to remove oils, greases, sludge, and fine carbon from cleaning solvent) is inherent in the design of the cleaning machine, then such filtration device s hall b e operated i n ac cordance wi th man ufacturer’s specifications and in accordance with the following requirements: (1) The filtration device shall be fully submerged in cleaning solvent at all times during filtration. 331.10 303.2 304 (2) When the filtration device is completely saturated and must be removed from the cleaning machine, the filtration device shall be drained until no liquid can flow from the filtration device. Draining and drying such filtration device shall b e c onducted i n a sealed c ontainer wi th n o e xhaust to the atmosphere or work area. (3) After t he f iltration d evice i s d ry, t he f iltration device sh all be stored in a closed, leakfree, impervious container that is legibly labeled with its contents and that remains covered when not in use. Disposal of the filtration device shall be done in a manner that inhibits VOC evaporation and that is in compliance with appropriate/legal methods of disposal. Signage Requirements: Any person who uses cleaning-solvent, other than Low-VOC Cleaner, in any solvent cleaning machine (degreaser) or dip tank shall provide on the machine, or within 3¼ feet (1 meter) of the machine, a permanent, conspicuous label or placard which includes, at a minimum, each of the following applicable instructions, or its equivalent: a. “Keep cover closed when parts are not being handled.” (This is not required for remote reservoir cleaners.) b. “Drain parts until they can be removed without dripping.” c. “Do not blow off parts before they have stopped dripping.” d. “Wipe up spills and drips as soon as possible; store used spill rags [or ‘wiping material’] in covered container.” e. “Don’t leave cloth or any absorbent materials in or on this tank.” f. For c leaning mac hines with mo ving p arts s uch as h oists, p umps, or conveyors, post: “Operating instructions can be obtained from _______,” listing a person or place where the instructions are available. SOLVENT SPECIFICATIONS FOR NON-VAPOR CLEANING AND DEGREASING: [Operating requirements specifically for vapor cleaning machines are in the Appendix.] All cleaning solvents, except Low-VOC Cleaners, used in non-boiling cleaning machines shall comply with Section 304.1 or Section 304.2 or Section 304.3, as follows: 304.1 Use a cleaning-solvent having a t otal VOC vapor pressure at 68°F (20°C) not exceeding 1 millimeter of mercury column, as determined by the standards described in Section 500 of this rule. 331.11 304.2 ECS: Use an E CS t o c apture an d p rocess V OC emissions i n ac cordance with Section IV of the Appendix within this rule; or 304.3 Sealed System: Use a Sealed System that is an Air-tight or Airless Cleaning Sy stem wh ich i s o perated ac cording t o t he man ufacturer’s specifications and, unless otherwise indicated by the manufacturer, meets all of the following requirements: 305 a. Has a door or other pressure-sealing apparatus that is shut during each cleaning and drying cycle; and b. Has a d ifferential p ressure g auge t hat al ways i ndicates t he pressure i n t he s ealed c hamber wh en o ccupied o r i n ac tive u se; and c. Any associated pressure relief device(s) shall be so designed and operated as to prevent liquid cleaning-solvents from draining out. NON-VAPOR BATCH CLEANING MACHINES: Equipment requirements for non-vapor batch cleaning machines with remote reservoirs are set forth in Section 305.1 of this rule. Equipment standards applicable to non-vapor batch cleaning machines with internal reservoirs (non-remote) are set forth in Section 305.2 o f t his r ule. Non-vapor b atch c leaning m achines wi th e ither r emote o r internal reservoirs that use cleaning-solvents that are either heated, agitated or non-conforming are subject to additional provisions set forth in Section 305.3 of this rule. Low-VOC Cleaners are exempt from this section. 305.1 With Remote Reservoir: A batch cleaning machine with remote reservoir, including cabinet type(s), shall be equipped with the following: a. A sink-like work area or basin which is sloped sufficiently towards the drain so as to prevent pooling of cleaning-solvent. b. A s ingle, u nimpeded d rain o pening o r c luster of openings served by a single drain for the cleaning-solvent to flow from the sink into the enclosed reservoir. Such opening(s) shall be contained within a contiguous area not larger than 15.5 square inches (100 cm2). c. Solvent Return: Provide a means for drainage of cleaned parts such that the drained solvent is returned to the cleaning machine. 305.2 With Internal Reservoir (Non-Remote): A batch cleaning machine without a remote reservoir shall be equipped with all of the following: a. Have and use an internal drainage rack or other assembly that confines wi thin t he fr eeboard al l c leaning-solvent d ripping f rom parts and returns it to the hold of the cleaning machine (degreaser); and 331.12 b. Have an i mpervious c over wh ich wh en c losed p revents c leaningsolvent vapors in the cleaning machine from escaping into the air/atmosphere when not processing work in the cleaning machine. (1) A c over s hall b e fi tted s o t hat i n i ts c losed p osition t he cover is between the cleaning-solvent and any lip exhaust or o ther s afety v ent, e xcept t hat s uch p osition o f c over and v enting may b e a ltered b y an operator for v alid concerns o f fl ammability e stablished i n wr iting an d certified to by a Certified Safety Professional or a Certified Industrial Hygienist to meet health and safety requirements. (2) A cover is not required when an ECS is used in accordance with Section IV of the Appendix within this rule. c. In the absence of additional applicable freeboard standards, freeboard height shall be not less than 6 inches (15.2 cm); and d. The fr eeboard z one s hall h ave a p ermanent, c onspicuous mar k that locates the maximum allowable solvent level which conforms to the applicable freeboard requirements. 305.3 Using Cleaning-Solvent That Is Heated, Agitated, Or Is NonConforming: If a cleaning mac hine u ses a c leaning-solvent at a temperature above 120°F (49°C), uses non-conforming solvent if allowed by Section 305.3(d) of this rule, or agitates the solvent, then comply with one of the following: a. b. Remote Reservoir Cleaning Machines: For a remote reservoir cleaning machine, comply with Section 305.1 of this rule and one of the following: (1) Use a s topper in the drain whenever the sink or cabinet is empty of solvent and nothing is being handled in the sink; or (2) Cover t he s ink o r c abinet wh enever t he s ink o r cabinet i s empty of solvent and nothing is being handled in the sink. Internal Reservoir Cleaning Machines: For an internal reservoir cleaning machine, comply with Section 305.2 of this rule and either Section (1) or (2) that follow: 331.13 (1) A Water Cover: A floating layer of water (insoluble in the solvent) at least 1 inch thick, and a freeboard at least 6 inches above the top of the solvent shall be present; or (2) Freeboard And Cover: (a) The basin shall have a freeboard ratio of 0.75 or greater and an impervious cover shall cover the basin whenever work is not being processed; and (b) If a non-conforming solvent is used, the cover shall be of a sliding or rolling type which is designed to easily open and close in a horizontal plane without disturbing the vapor zone. c. Cabinet Style: Keep a ca binet-style c leaning mac hine c losed at all times that it contains cleaning-solvent, except when introducing or removing work from the machine. If blasting or misting wi th c leaning-solvent, al so c onform t o t he ap plicable requirements of Section 307 of this rule. d. Non-Conforming Solvent: A non-conforming solvent may be used in operations to which this rule applies, if at least one of the following is met: (1) The emissions from the operation shall be controlled by an ECS p er Se ction 304. 2 o f t his r ule o r b y a Se aled Sy stem per Section 304.3 of this rule; or (2) The operation is exempted per Section 308.2 of this rule; or (3) The operation is both exempted per Section 308.3 of this rule and complies with Section 305.3 of this rule, or for inline machines, complies with all of Section 306 o f this rule except Section 306.4 of this rule. 305.4 ECS Alternative: An owner and/or operator is allowed to meet the requirements of any one or combination of the requirements of Sections 305.1, 305.2 and/or 305.3 of this rule by operating an ECS in accordance with Section IV of t he A ppendix wi thin this r ule wh enever an y requirement of Sections 305.1, 305.2 and/or 305.3 of this rule is not met. 306 NON-VAPOR IN-LINE CLEANING MACHINES: No person shall operate a non-vapor in-line cleaning machine using cleaning-solvent unless it complies with Sections 306.1, 306.2, and 306.3 of this rule: 306.1 Features: 331.14 a. Carry-Out Prevention: Equip the cleaning machine with either a drying t unnel o r an other me ans, s uch as a rotating b asket, sufficient to prevent cleaned parts from carrying out cleaningsolvent liquid or vapor. b. Enclosed Design: An in-line cleaning machine shall be fully enclosed except for entrance and exit portals. c. Cover: During shutdown hours or if the cleaning machine is idle for more than 30 minutes, a cover shall be used to close the entrance and exit and any opening greater than 16 square inches (104 cm2). 306.2 Minimized Openings: Entrances and exits should silhouette workloads so that the average clearance between parts and the edge of the cleaning machine opening is either less than four inches (10 cm), or less than 10% of the width of the opening. 306.3 The machine shall have a freeboard ratio greater than or equal to 0.75. 306.4 ECS Alternative: An owner and/or operator is allowed to meet the requirements o f an y o ne o r c ombination of Se ctions 306.1(b), 3 06.1(c), 306.2, a nd/or 3 06.3 of t his r ule by o perating an E CS t hat c ontrols V OC vapor from processes addressed by the requirement(s). Such ECS shall be operated in accordance with Section IV of the Appendix within this rule. 307 SPECIAL NON-VAPOR CLEANING SITUATIONS: 307.1 Blasting/Misting With Conforming Solvent: Any p erson b lasting o r misting with conforming solvent shall operate and equip the device(s) as follows: a. Equipment: The device shall have internal drainage, a reservoir or s ump, an d a c ompletely e nclosed c leaning c hamber, d esigned so as to prevent any perceptible liquid from emerging from the device; and b. Operation: The device shall be operated such that there is no perceptible l eakage f rom t he d evice e xcept fo r i ncidental d rops from drained, removed parts. 307.2 Blasting/Misting With Non-Conforming Solvent: Any person shall use a Sealed System pursuant to Section 304.3 of this rule for all blasting or misting with a non-conforming solvent. 331.15 307.3 High Pressure Flushing: Cleaning systems using cleaning-solvent that emerges from an o bject undergoing flushing with a visible mist or at a pressure exceeding 10 psig, shall comply as follows: a. Conforming Solvent: For c onforming s olvent, u se a containment system that is designed to prevent any perceptible cleaning-solvent liquid from becoming airborne outside the containment system, such as a completely enclosed chamber. b. Non-Conforming Solvent: Use a Se aled Sy stem fo r n onconforming solvent. 307.4 ECS Alternative: An owner and/or operator is allowed to meet the requirement(s) of Section 307.1 and/or Section 307.2 of this rule by operating an ECS t hat controls V OC v apor fr om processes ad dressed b y the requirement(s). The ECS shall be operated pursuant to Section IV of the Appendix within this rule. 308 EXEMPTIONS: 308.1 Categorical Exemptions: a. b. c. Industries an d c leaning operations t hat ar e n ot regulated b y t his rule include, but are not limited to, the following EPA approved versions of the VOC rules in Regulation III of these rules: (1) Dry cleaning with petroleum solvents (Rule 333); (2) Printing and graphic arts coating (Rule 337); (3) Semiconductor manufacturing (Rule 338); (4) Automotive windshield washer fluid (Rule 344); and (5) Architectural Coating (Rule 335). All operations regulated by the following NESHAPs are exempt from Rule 331: (1) National E mission St andards fo r H alogenated So lvent Cleaning (40 CFR 63, subpart T). This includes the de minimis amo unts o f s olvent V OCs t hat ar e e xempted b y subpart T. (2) National Emission Standards for Perchloroethylene for Dry Cleaning Facilities, (40 CFR 63, subpart M). Exemptions For Qualified Operations: 331.16 (1) Cleanup Of Coating-Application Equipment: Operations i nvolving t he c leanup o f c oating-application equipment that are subject to or specifically exempted by an EPA approved version of another rule in Regulation III of these rules are exempt from Rule 331. Examples include Rule 336 (Surface Coating Operations), Rule 342 (Coating Wood Furniture And Fixtures), and Rule 346 (Wood Coating). (2) Aerospace: Wipe cleaning of aerospace components is subject to Rule 348 of these rules, whereas the cleaning of aerospace components in a dip tank or a cleaning machine is subject to Rule 331. 308.2 Partial Exemption From Section 300: The following are exempt from sections of Section 300 of this rule as noted: 308.3 a. Wipe Cleaning: The p rovisions o f Se ctions 30 2 t hrough 307 of this rule do not apply to wipe cleaning. Recordkeeping provisions in Section 500 of this rule do apply to wipe cleaning. b. Small Cleaners: The p rovisions of Se ctions 30 3 t hrough 307 o f this r ule s hall n ot ap ply t o an y n on-vapor c leaning mac hine (degreaser) or dip-tank fitting either of the following descriptions, except t hat t hese s hall b e co vered w hen w ork i s n ot b eing processed: (1) A small cleaner having a liquid surface area of 1 square foot (0.09 square meters) or less, or (2) A small cleaner having a maximum capacity of one gallon (3.79 liters) or less. Exemptions From Section 304: The U .S. G overnment P rinting O ffice “Standard Industrial Classification Manual, 1987” (and no future editions) is i ncorporated b y r eference an d i s o n fi le at M aricopa Co unty Environmental Services Department, 1001 N. Central Avenue, Suite 201, Phoenix, Arizona 85004-1942. The following are exempt from Section 304 of this rule: a. Non-furniture medical devices included in Standard Industrial Classification (SIC) codes 3841, 3843, 3844, or 3845, and products for internal use in 3842; b. Electronic products for space vehicles and communications equipment in SIC codes 3661, 3663, 3669, 3677, 3678, 3679, and 3769; and 331.17 c. Production processes having clean-room standards equal to or more stringent than class 100,000 (particles/m3); and d. Low viscosity solvent used to clean an aerospace component if the Federal Aviation Authority, the US Department of Defense, or a US Military s pecification d esignates t hat t he c leanliness o f t he component is critical to the flight safety of a complete aerospace vehicle. By January 1, 2001, any such solvents shall be listed in an MCESD ai r pollution permit, c onditioned u pon a s ufficient demonstration by the user that no compliant substitute exists. 308.4 Comfort Fans: The Section 303.1(a) prohibition against fans and fandrafts being close to cleaning machines does not apply to a totally enclosed cleaning machine that cannot be penetrated by drafts. 308.5 Vehicle Refinishing: Dip c leaning o f v ehicle o r mo bile e quipment surfaces is subject to this rule. 308.6 Aerosol cans, squirt bottles, and other solvent containers intended for handheld use shall meet the requirements in Sections 301 and 500 of this rule. 308.7 A Low-VOC Cleaner is subject only to Sections 301, 302, 307.1, 501.1(a), and 501.2 of this rule. 309 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT: For the p urpose o f t his r ule, an ECS shall b e approved in writing by the Control Officer and shall be designed and operated in accordance with good engineering practices. 309.1 Operation And Maintenance (O&M) Plan Required For ECS: a. General Requirements: An owner and/or operator shall provide and mai ntain (an ) O &M P lan(s) fo r an y E CS, a ny o ther e mission processing equipment, and any ECS monitoring devices that are used p ursuant t o t his r ule o r pursuant to an air p ollution c ontrol permit. An owner an d/or o perator s hall comply wi th all the identified actions and schedules provided in each O&M Plan. b. Approval By Control Officer Of Initial O&M Plan(s): An owner and/or operator s hall s ubmit t o t he C ontrol O fficer fo r written approval the O&M Plan(s) of each ECS and each ECS monitoring d evice t hat i s u sed p ursuant t o t his rule. While t he Control O fficer i s r eviewing fo r ap proval t he O &M P lan(s), an owner and/or operator shall comply with all the identified actions and schedules provided in each O&M Plan submitted for approval, unless notified otherwise by the Control Officer. After the Control 331.18 Officer has issued written approval of the O&M Plan(s), an owner and/or o perator s hall c ontinue t o c omply wi th al l t he i dentified actions and schedules provided in each O&M Plan. c. Owner And/Or Operator Revisions To Initial O&M Plan(s): If an owner and/or operator submits to the Control Officer revisions to the initial O&M Plan(s) and if such revisions have been approved in writing by the Control Officer, an owner and/or operator shall comply with the revisions to the initial O&M Plan(s). d. Control Officer Modifications To Initial O&M Plan(s): After discussion with the owner and/or operator, the Control Officer may modify the O&M Plan(s) in writing prior to approval of the initial O &M P lan(s). An o wner an d/or o perator s hall t hen c omply with t he O &M P lan(s) that h as b een mo dified b y the Co ntrol Officer. 309.2 Providing And Maintaining ECS Monitoring Devices: An owner and/or o perator incinerating, ad sorbing, o r otherwise p rocessing V OC emissions pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in operation, devices described in the facility’s O&M Plan that indicate temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any p erson s ubject t o t his r ule s hall comply with the following requirements. Records shall be retained for five years and shall be made available to the Control Officer upon request. 501.1 Current List: a. Maintain a current list of cleaning-solvents; state the VOC-content of each in pounds VOC per gallon of material or grams per liter of material. b. A facility using any cleaning-solvent subject to the vapor-pressure limits of Section 304.1 of t his r ule shall h ave o n s ite t he wr itten value of the total VOC vapor-pressure of each such solvent, in one of the following forms: (1) A manufacturer’s technical data sheet, (2) A manufacturer’s safety data sheet (MSDS), or 331.19 (3) Actual test results. 501.2 Usage Records: a. Monthly: Records of the amount of cleaning-solvent used shall be updated b y t he end of month for the p revious month. Show the t ype an d amo unt o f e ach mak e-up an d al l o ther c leaningsolvent to which this rule is applicable. b. Annually: c. 502 (1) Certain Concentrates: Use of concentrate that is used only i n t he fo rmulation o f L ow V OC Cl eaner s hall b e updated at least annually. (2) Low-VOC Cleaner: An owner and/or operator need not keep a r ecord o f a cleaning s ubstance t hat i s mad e b y diluting a c oncentrate with water or non-precursor compound(s) to a level that qualifies as a Low VOC Cleaner if records of the concentrate usage are kept in accordance with this rule. Grouping By VOC Content: For purposes of recording usage, an o perator may g ive c leaning-solvents o f s imilar V OC c ontent a single group-name, distinct from any product names in the group. The total usage of all the products in that group is then recorded under just one name. (In such a case, the operator must also keep a s eparate l ist t hat i dentifies t he p roduct n ames o f t he particular solvents included under the group name). To the group name shall be assigned the highest VOC content among the members of that group, rounded to the nearest 10th of a pound of VOC per gallon of material, or to the nearest gram VOC per liter of material. COMPLIANCE DETERMINATION AND TEST METHODS: When mo re t han one test me thod is permitted fo r a d etermination, an exceedance of the limits established i n t he r ule d etermined b y an y o f t he ap plicable t est me thods constitutes a violation of this rule. 502.1 Compliance Determination: The fo llowing means s hall b e u sed t o determine compliance with this rule. For routine information collection, the Control Officer may accept a manufacturers’ data sheet, data certified by an officer of the supplying company, or test data for the product model of inquiry. a. VOC Content: The VOC content of solutions, dispersions, emulsions, and conforming solvents (reference Section 207 of this rule) shall be determined by one of the following methods: 331.20 b. c. (1) South Coast Air Quality Management District Method 31391 as referenced in Section 502.2(f) of this rule; or (2) Bay A rea A ir Q uality M anagement D istrict M ethod 31 a s referenced in Section 502.2(e) of this rule; or (3) Solids-free windshield washer solutions, i n wh ich al l organic c omponents ar e V OCs, may b e t ested u sing Maricopa County Reference Method # 100, “ Total O rganic Carbon for Windshield Washer Fluids,” Maricopa County Air Pollution Control Rule 344 (April 7, 1999). This method should only be u sed for wat er-based solutions c ontaining less than 5% VOC by weight. Vapor Pressure: Pursuant to Sections 304 and 207 of this rule, determination of the total VOC vapor-pressure (VOC composite partial-pressure) in a cleaning solution shall be performed as follows: (1) For solutions known to be nearly or exactly 100% VOC, vapor pressure shall be determined by ASTM D2879-96 as referenced in Section 502.2(g) of this rule; or (2) For solutions for which is known the exact quantity and chemical makeup of each evaporating component that is not a VOC, ASTM D2879-96 (referencing Section 502.2(g) of t his r ule) s hall b e u sed ( to d etermine t he g ross composite vapor pressure) in conjunction with calculations using t he v apor-pressure fo rmula i n Section 502.3 of t his rule. (3) When a solution’s exact species and proportions are known for all ingredients, the Control Officer may use the formula in Section 502.3 of this r ule in c onjunction wi th s tandard reference texts or data-bases that provide the vapor pressure v alue o f e ach c onstituent, o r a c ombination o f formula u se an d ac tual t esting o n r eal c onstituents (referencing Section 502.2(g) of this rule). ECS Compliance: (1) The VOC content of gaseous emissions entering and exiting an ECS s hall b e determined b y e ither EPA M ethod 18 referred to in Section 502.2(b) of this rule, or EPA Methods 25, 25a, and 25b referred to in Section 502.2(c) of this rule. 331.21 (2) d. Capture efficiency of an emission control d evice used pursuant to Section 304.2, Section 305.4, Section 306.4, and/or Section 307.4 of this rule shall be determined either by the methods in Section 502.2(d) of this rule (EPA Methods 204, 204a, 204b, 204c, 204d, 204e, and 204f) or by using mass balance calculation methods in concert with the methods in Section 502.2(a) of this rule (EPA Methods 2, 2a, 2c, and 2d), and EPA guidance document, “Guidelines F or D etermining Cap ture E fficiency”, J anuary 9, 1995. Temperature Measurement: Temperature me asurements made p ursuant to Se ction 214 of t his r ule to d etermine i f a cleaning mac hine contains a “ heated s olvent” s hall b e d one wi th an instrument having an accuracy and precision of no less than 1 degree Fahrenheit. 502.2 Test Methods Adopted By Reference: The EPA test methods as they exist i n the Code of Federal Regulations (CFR) (July 1 , 2003), as listed below, are adopted by reference. The other test methods listed here are also adopted by reference, each having paired with it a specific date that identifies the particular version/revision of the method that is adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section 502 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. a. EPA Methods 2 (“Determination of Stack Gas Velocity and Volumetric F low R ate”), 2a (“ Direct M easurement o f G as V olume Through Pipes and Small Ducts”), 2c (“Determination of Stack Gas Velocity and Volumetric Flow rate in Small Stacks or Ducts”), and 2d (“Measurement of Gas volumetric Flow Rates in Small Pipes and Ducts”). All 4 of t he foregoing methods are in 40 CFR 60, Appendix A. b. EPA Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) (40 CFR 60, Appendix A). c. EPA Methods 25 (“Determination of Total Gaseous Nonmethane Organic Emissions as Carbon”),25a, and 25b (40 CFR 60, Appendix A). d. EPA T est M ethods 204 (“ Criteria F or an d Verification O f a Permanent or Temporary Total Enclosure”), 204a, 204b, 204c, 204d, 204e, and 204f (40 CFR 51, Appendix M) and EPA guidance document, “ Guidelines F or D etermining Cap ture E fficiency”, January 9, 1995. 331.22 e. California’s Bay Area Air Quality Management District (BAAQMD) Method 31 (April 15, 1992), “Determination of Volatile Organic Compounds in Paint Strippers, Solvent Cleaners, and Low Solids Coatings.” f. California’s So uth Co ast A ir Q uality M anagement D istrict (SCAQMD) Method 313-91 (April 1997). g. American Society for Testing and Materials (ASTM) Method D2879-96 (1996). h. EPA guidance document, “Guidelines For Determining Capture Efficiency”, January 9, 1995. 502.3 FORMULA FOR VOC COMPOSITE PARTIAL PRESSURE: Equivalent to: TOTAL VOC VAPOR-PRESSURE. n PPc = Wi Ww We Mi Me i =1 i i i n Ww m We W +∑ +∑ i 18 j =1 M e i =1 M i = Weight of the “i”th VOC compound in grams = Weight of water in grams = = Weight of the “j”th non-precursor compound in grams Molecular weight of the “i”th VOC compound in grams per = gram mole, e.g., one gram-mole of isopropyl alcohol weighs 60 grams Molecular weight of the “j”th non-precursor compound, PPc = VPi = 18 ∑ (W )(VP ) M = e.g., 1 gram-mole of acetone weighs 58 grams VOC composite partial pressure at 20°C in mm mercury (Hg) Vapor pressure of the “i”th VOC compound at 20°C in mm Hg Weight of one gram-mole of water 331.23 APPENDIX TO RULE 331 VAPOR CLEANING MACHINES and EMISSION CONTROL SYSTEMS I. DEFINITIONS: (1) II. VAPOR LEVEL CONTROL SYSTEM – A c ombination o f a c oolant s ensing system an d a v apor s ensing s ystem c onsisting o f t he fo llowing t hree s ets o f features: (A) A condenser flow switch and thermostat which shuts off the sump heat if either the condenser coolant stops c irculating or b ecomes war mer than 85°F (29°C); and (B) A manually-reset safety switch which turns off the sump heater if the temperature sensor senses that the temperature is rising above the designed operating level at the vapor/air interface; and (C) A man ually-reset s witch wh ich t urns o ff t he s pray-system p ump i f t he level of the vapor/air interface drops more than 4 inches (10 cm). BATCH-LOADED VAPOR CLEANING MACHINES: (1) No person shall operate a batch vapor cleaning machine, unless the machine meets National Emission Standards for Halogenated Solvent Cleaning (subpart T, Rule 370), as if the cleaning solvent in use were subject to subpart T standards. (2) No person shall operate a batch vapor cleaning machine, unless the machine has a v apor/air i nterface F ahrenheit t emperature no g reater t han 30% of t he solvent’s boiling point temperature or no greater than 40.0°F (4.4°C), whichever is lower. (3) Sections II(1) and II(2) of this Appendix shall not apply, if a batch vapor cleaning machine is equipped with all of the following: (A) Cover: An i mpermeable c over t hat i s a s liding, r olling, fan ning, o r guillotine ( bi-parting) type wh ich i s d esigned t o e asily open an d c lose without disturbing the vapor zone. (B) A Vapor Level Control System. (C) Primary Condenser: A primary condenser that maintains an exit temperature n ot e xceeding 8 5°F ( 29°C) o r is equipped p ursuant to Section II(3)(F)(ii) of this Appendix. (D) Freeboard Ratio: A freeboard ratio that is greater than or equal to 0.75. 331.24 (E) Lip Exhausts: Vapor c leaning ma chines wi th l ip e xhausts s hall b e controlled by an ECS. (F) Refrigeration Or ECS: Batch vapor cleaning mac hines having any of the fo llowing d escriptors s hall c omply wi th Sections I I(3)(F)(i), II(3)(F)(ii), or II(3)(f)(iii) of this Appendix: (G) (4) • an evaporative surface area e qual t o or greater than 10.75 ft² ( 1.0 m²); or • installed or subject to major modification after November 1, 1999; or • having average monthly VOC emissions exceeding 31 pounds VOC per square foot of solvent surface area: (i) A refrigerated freeboard chiller for which the chilled air blanket temperature in degrees Fahrenheit at the coldest point on the vertical axis through the horizontal center of the vapor/air interface either shall be no greater than 30% of the initial boiling point of the solvent in degrees Fahrenheit or no greater than 40.0°F (4.4°C); or (ii) A r efrigerated condenser coil (in p lace of an unrefrigerated coil) having a mi nimum c ooling c apacity o f 100 % o f the boiling-sump heat input rate and conforming to the air blanket temperature requirements pursuant to Section II(3)(F)(i); or (iii) An ECS operated in accordance with Section IV of this Appendix. Water Separator: Water s hould n ot b e visually d etectable i n t he V OC containing solvent exiting the water separator. Sections II(1) and II(2) of this Appendix shall not apply, if a batch vapor cleaning machine meets all of the following: (A) Workloads: (i) A workload shall not occupy more than half of the cleaning machine’s open-top area. (ii) The wo rkload s hall n ot be s o mas sive t hat t he vapor l evel d rops more than 4 i nches (10 c m), when the workload is removed from the vapor zone. (iii) The wo rkload s hall n ot b e s prayed wi th c leaning-solvent ab ove the vapor/air interface level. 331.25 (B) (C) III. Carry-Out: measures: Minimize c leaning-solvent ca rry-out b y t he fo llowing (i) Orient the items being cleaned in such a way that the items drain easily after cleaning. (ii) Degrease t he wo rkload i n t he v apor z one at l east 30 s econds o r until condensation ceases. (iii) For manual loading/unloading, tip out any pools of solvent on the cleaned parts before removal. (iv) Allow p arts t o d ry wi thin t he b atch v apor cleaning mac hine u ntil visually dry. Startup And Shutdown: startup and shutdown: The following sequence shall be used for (i) When starting the batch vapor cleaning machine, the cooling system shall be turned on before, or simultaneously with, the sump heater. (ii) When shutting down the batch vapor cleaning machine, the sump heater s hall b e t urned o ff b efore, o r s imultaneously wi th, t he cooling system. (D) Blasting: Blasting in a batch vapor cleaning machine shall be done within a Sealed System or be controlled by an ECS. (E) Records: An o wner a nd/or o perator o perating a b atch v apor c leaning machine shall keep records pursuant to Section 501 of this rule. IN-LINE VAPOR CLEANING MACHINES: (1) No p erson s hall o perate an i n-line v apor c leaning mac hine, u nless t he machine meets National Emission Standards for Halogenated Solvent Cleaning (subpart T, Rule 370), as if the cleaning-solvent in use were subject to subpart T standards. (2) No p erson s hall o perate an i n-line v apor c leaning mac hine, u nless t he machine has a vapor/air interface Fahrenheit temperature no greater than 30% of the solvent’s boiling point temperature or no greater than 40.0°F (4.4°C), whichever is lower. (3) Sections III(1) and III(2) of this Appendix shall not apply, if an in-line vapor cleaning machine is equipped with all of the following: 331.26 (A) Cover: Within 10 mi nutes o f t urning o ff t he solvent h eating s ystem, cover t he e ntrance a nd e xit an d an y o pening greater t han 16 s quare inches (104 cm2). (B) Vapor Level Control System. (C) Primary Condenser: Have a p rimary c ondenser t hat mai ntains an e xit temperature not exceeding 85°F (29°C). (D) Freeboard Ratio: Have a freeboard ratio greater than or equal to 0.75. (E) Refrigeration Or ECS: In-line vapor cleaning machines having any of the following descriptors shall comply with Sections III(3)(E)(i), III(3)(E)(ii), or III(3)(E)(iii) of this Appendix: (F) (4) • an evaporative surface area e qual t o or greater t han 10.75 f t² (1.0 m²); or • installed or subject to major modification after November 1, 1999, or • having average monthly VOC emissions exceeding 31 pounds VOC per square foot of solvent surface area: (i) A refrigerated freeboard chiller for which the chilled air blanket temperature in degrees Fahrenheit at the coldest point on the vertical axis through the horizontal center of the vapor/air interface either shall be no greater than 30% of the initial boiling point of the solvent in degrees Fahrenheit or no greater than 40.0°F (4.4°C); or (ii) A r efrigerated condenser c oil (in place of an unrefrigerated coil) having a mi nimum c ooling c apacity o f 100% o f the b oiling-sump heat input rate and conforming to the air blanket temperature requirements pursuant to Section III(3)(E)(i) of this Appendix; or (iii) An ECS operated in accordance with Section IV of this Appendix. Water Separator: Water should not be visually detectable in the VOCcontaining solvent exiting the water separator. Sections III(1) and III(2) of this Appendix shall not apply, if the in-line vapor cleaning machine meets all of the following: (A) Workloads: Entrances and exits should silhouette workloads so that the average clearance between parts and the edge of the in-line vapor cleaning machine opening is either less than 4 inches (10 cm) or less than 10% of the width of the opening. 331.27 (B) Carry-Out: Equip the in-line vapor cleaning machine with either a drying tunnel or another means, such as a rotating basket, sufficient to prevent cleaned parts from carrying out cleaning-solvent liquid or vapor. (C) Startup And Shutdown: The following sequences shall be used for startup and shutdown: (D) IV. (i) When s tarting t he i n-line v apor c leaning mac hine, t he c ooling system shall be turned on before, or simultaneously with, the sump heater. (ii) When shutting down the in-line vapor cleaning machine, the sump heater s hall b e t urned o ff b efore, o r s imultaneously wi th, t he cooling system. Records: An owner and/or operator operating an in-line vapor cleaning machine shall keep records pursuant to Section 501 of this rule. EMISSION CONTROL SYSTEM REQUIREMENTS: (1) An E mission Co ntrol Sy stem (E CS) u sed p ursuant t o t his r ule s hall c onsist o f a hood or enclosure to collect emissions, which are vented to a processing device. The overall control efficiency (capture plus processing) of the system shall not be less than 85%. The capture system shall have a ventilation rate no greater than 65 cfm per square foot of evaporative surface (20 m 3/min./m2), unless that rate must be changed to meet a standard specified and certified by a Certified Safety Professional, a Certified Industrial Hygienist, or a licensed professional engineer experienced in ventilation-system design, that concerns health and safety requirements. The ECS shall be approved by the Control Officer. (2) Operation And Maintenance (O&M) Plan Required For ECS: An o wner and/or operator shall create and maintain an O&M Plan for any ECS required by this rule or pursuant to an air pollution control permit in accordance with Section 309 of this rule. (3) Recordkeeping: (A) ECS Operation And Maintenance Records: On each day that an ECS is u sed t o c omply wi th an y p rovision of this rule, an o wner and/or operator shall make a permanent record of the operating parameters of the ke y systems described in t he O&M P lan. For e ach d ay or period in which the O&M Plan requires that maintenance be performed, a permanent record shall be made of the maintenance actions taken, within 24 hours of maintenance completion. An explanation shall be entered for scheduled maintenance that is not performed during the period designated in the O&M Plan. 331.28 (B) (4) Other Records Required When Complying Via ECS: An o wner and/or operator using an ECS pursuant to this rule shall maintain, in addition to t he r ecords required b y Section 501.1 of this r ule, d aily documentation showing the VOC content of the solvent material and the amount added for makeup. Test Methods For Determining Emission Control System Compliance: Test methods and compliance procedures for an ECS are in Section 502 of this rule. 331.29 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 332 RESCINDED (FORMERLY PERCHLOROETHYLENE DRY CLEANING) 332.1 BLANK PAGE 332.2 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 333 PETROLEUM SOLVENT DRY CLEANING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 CARTRIDGE FILTER 202 CONTAINERS AND CONVEYORS OF SOLVENT 203 DRY CLEANING 204 PERCEPTIBLE LEAKS 205 PETROLEUM SOLVENT 206 SOLVENT RECOVERY DRYER 207 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 OPERATING REQUIREMENTS 302 CONTROLS REQUIRED - SOLVENT RECOVERY DRYER SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION - TEST METHODS 333.1 BLANK PAGE 333.2 Revised 07/13/88 Revised 06/22/92 Revised 06/19/96 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 333 PETROLEUM SOLVENT DRY CLEANING SECTION 100 - GENERAL 101 PURPOSE: To limit the emissions of volatile organic compounds from petroleum solvents used in dry cleaning. 102 APPLICABILITY: This rule applies to petroleum solvent washers, dryers, solvent filters, settling tanks, vacuum stills, and other containers and conveyors of petroleum solvent that are used in petroleum solvent dry cleaning facilities. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 CARTRIDGE FILTER - Any perforated canister containing filtration paper, fabric and/or activated carbon that is used in a pressurized system to remove solid particles and fugitive dyes from soil-laden solvent. 202 CONTAINERS AND CONVEYORS OF SOLVENT - Any piping, ductwork, pumps, storage tanks, and other ancillary equipment that are associated with the installation and operation of washers, dryers, filters, stills and settling tanks. 203 DRY CLEANING - A process for the cleaning of textiles and fabric products in which articles are washed in nonaqueous solvent and then dried by exposure to a heated air stream. 204 PERCEPTIBLE LEAKS - Any petroleum solvent vapor, mist, or liquid leaks that are conspicuous from visual observation, such as pools or droplets of liquid, or buckets or barrels of solvent or solvent-laden waste standing open to the atmosphere. 333.3 205 PETROLEUM SOLVENT - Volatile organic compounds commonly produced by petroleum distillation, primarily comprising a hydrocarbon range of 8 to 12 carbon atoms per organic molecule. 206 SOLVENT RECOVERY DRYER - A class of dry cleaning dryers that employs a condenser to liquefy and recover solvent vapors evaporating in a closed-loop, recirculating stream of heated air. 207 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound, excluding the following organic compounds which have been designated by the EPA as having negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1−trichloroethane; trichlorofluoromethane (CFC−11); dichlorodifluoromethane (CFC−12); chlorodifluoromethane (CFC−22); 1,1,2−trichlorotrifluoroethane (CFC−113); 1,2−dichlorotetrafluoroethane (CFC−114); chloropentafluoroethane (CFC−115); trifluoromethane (FC−23); 2,2−dichloro-1,1,1−trifluoroethane (HCFC−123); 2−chloro-1,1,1,2−tetrafluoroethane (HCFC−124); 1,1−dichloro-1−fluoroethane (HCFC−141b); 1−chloro-1,1−difluoroethane (HCFC−142b); pentafluoroethane (HFC−125); 1,1,2,2−tetrafluoroethane (HFC−134); 1,1,1,2−tetrafluoroethane (HFC−134a); 1,1,1−trifluoroethane (HFC−143a); 1,1−difluoroethane (HFC−152a); all completely fluorinated, completely saturated: alkanes, ethers and tertiary amines. SECTION 300 - STANDARDS 301 OPERATING REQUIREMENTS - A person shall not operate any petroleum solvent dry cleaning facility unless all of the following requirements are satisfied: 301.1 Liquid and Vapor Leaks: Dry cleaning equipment shall not be operated with perceptible leaks from any portion of the equipment, including but not limited to: hose connections, unions, couplings and valves; machine door gaskets and seating; filter head gaskets and seating; pumps; base tanks and storage containers; water separators; filter sludge recovery; distillation units; divertor valves; solvent-moistened lint from lint basket; and cartridge filters. 301.2 Solvent Storage: Solvents shall be stored in closed containers. 301.3 Access Vents: All washer and dryer traps, access doors, and any other parts of equipment where solvent may be exposed to the atmosphere, shall be kept closed at all times except when required for proper operation or maintenance. 301.4 Solvent Filtration: Any petroleum filtration system shall be installed and operated to comply with at least one of the following: 333.4 302 a. Reduce the volatile organic compounds in all filtration wastes to 2.2 lbs (1 kg) or less per 220 lbs (100 kg) dry weight of articles cleaned, before disposal, and exposure to the atmosphere; or b. Install and operate a cartridge filtration system, and drain the filter cartridges in their sealed housings for eight hours or more before their removal; or c. Place all discarded filtration material, including cartridges and particulate filter media, immediately in sealed containers and dispose of according to hazardous waste statutes. CONTROLS REQUIRED - SOLVENT RECOVERY DRYER: Petroleum solvent dry cleaning facilities installed after July 13, 1988, shall have a solvent recovery that recovers at least 85 percent of petroleum solvent by weight. In addition, the recovery cycle for the dryer shall not be terminated until the petroleum solvent flow rate from the water separator is 15 milliliters or less per minute. SECTION 500 - MONITORING AND RECORDS 501 502 RECORDKEEPING AND REPORTING: Any person subject to this rule shall comply with the following requirements. Records shall be retained for five years and shall be made available to the Control Officer upon request. 501.1 Current List: Maintain a current list of solvents and any other VOCcontaining materials; state the VOC content of each in pounds per gallons or grams per liter. 501.2 Usage Records and Amount of Clothes Cleaned: Maintain monthly records of the weight of clothing cleaned, the amount of solvent used, and the weight and type of any material disposed of which contains any quantity of cleaning solvent. The name of the company receiving such material shall also be recorded. COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in the rule determined by any of the applicable test methods constitutes a violation of this rule. 502.1 Measurements of petroleum-based VOC emissions pursuant to provisions of this rule shall be conducted in accordance with EPA Test Method 25 or its applicable submethod(s) (40 CFR 60, Appendix A). Alternatively, a person may meet the efficiency (85 percent) requirement of Section 302 if 6.6 lbs (3 kg) or less of petroleum solvent is emitted per 220 lbs (100 kg) dry weight of 333.5 articles cleaned, subject to prior approval of the test protocol by the Control Officer. 502.2 Measurements of VOC content of solvents, waste, recovered or recycled material shall be conducted and reported in accordance with ASTM Standard Recommended Practices for General Gas Chromatography Procedures, E 260-85 or ASTM General Techniques For Infrared Quantitative Analysis, E 160A-67 or ASTM General Techniques of Ultraviolet Quantitative Analysis, ASTM E 169-63; as approved by the Control Officer. 502.3 Efficiency of the control device shall be determined according to EPA Method 18. 502.4 Ventilation/draft rate shall be determined by EPA Methods 2, 2A, 2C and 2D. 333.6 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 334 RUBBER SPORTS BALL MANUFACTURING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ADHESIVE 202 APPROVED EMISSION CONTROL SYSTEM 203 DAY 204 NON-PRECURSOR ORGANIC COMPOUND 205 PRODUCTION DAY 206 RUBBER SPORTS BALL 207 VAPOR PROCESSING DEVICE 208 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITATION - ADHESIVES 302 OPERATION AND MAINTENANCE (O&M) PLAN 303 MAINTENANCE 304 STORAGE AND DISPOSAL OF VOC 305 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES 502 RECORDKEEPING AND REPORTING 503 COMPLIANCE DETERMINATION - TEST METHODS 334.1 BLANK PAGE 334.2 Adopted 08/02/93 Revised 09/20/94 Revised 06/19/96 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 334 RUBBER SPORTS BALL MANUFACTURING SECTION 100 - GENERAL 101 PURPOSE: To l imit emission of vol atile organic compounds (VOCs) from natural and synthetic rubber adhesives used in the manufacture of non-inflatable rubber balls. 102 APPLICABILITY: This rule applies to any rubber sports-ball manufacturing facility with an aggregate emission to atmosphere after December 31, 1989, of 50.0 tons (45.35 Mg) or more of VOC in any year or 8333 pounds (3780 kg) or more of VOC in any month, emitted from handling, using and/or preparing rubber adhesives or their constituents. SECTION 200 - DEFINITIONS: For t he pur pose of t his r ule, t he f ollowing de finitions s hall apply: 201 ADHESIVE - An initially fluid material used to fasten or bond two surfaces together by u sing t he i ntermolecular f orces b etween ad hesive an d t he b onded s urface(s) as a principal mechanism effecting the bonding. 202 APPROVED EMISSION CONTROL SYSTEM - A system for reducing emissions of organic compounds, consisting of collection and control devices which are approved in w riting by t he C ontrol O fficer a nd a re de signed a nd ope rated i n a ccordance w ith good engineering practice. 203 DAY - A period of 24 consecutive hours beginning at midnight. 204 NON-PRECURSOR ORGANIC COMPOUND - Any of t he f ollowing or ganic compounds w hich ha ve been de signated by t he E PA a s having ne gligible phot ochemical r eactivity: m ethane; et hane; m ethylene chloride ( dichloromethane); 1,1,1−trichloroethane; t richlorofluoromethane ( CFC−11); d ichlorodifluoromethane (CFC−12); c hlorodifluoromethane ( CFC−22); 1,1,2 −trichlorotrifluoroethane (CFC−113); 1, 2−dichlorotetrafluoroethane ( CFC−114); c hloropentafluoroethane (CFC−115); trifluoromethane ( FC−23); 2,2−dichloro-1,1,1−trifluoroethane 334.3 (HCFC−123); 2 −chloro-1,1,1,2−tetrafluoroethane ( HCFC−124); 1 ,1−dichloro1−fluoroethane ( HCFC−141b); 1 −chloro-1,1−difluoroethane ( HCFC−142b); pe ntafluoroethane (HFC−125); 1, 1,2,2−tetrafluoroethane (HFC−134); 1,1,1,2−tetrafluoroethane ( HFC−134a); 1,1,1 −trifluoroethane ( HFC−143a); 1,1 −difluoroethane (HFC−152a); al l co mpletely f luorinated, co mpletely s aturated: al kanes, ethers an d tertiary a mines; s ulfur-containing perfluorocarbons w ith no un saturations, no hydrogen, and with sulfur bonds only to carbon and fluorine. 205 PRODUCTION DAY - Any day in which the total adhesive pumped into any and all adhesive application machines exceeds 100 gallons (379 liters). 206 RUBBER SPORTS BALL - A hollow ball having natural and/or synthetic rubber as a principal i ngredient, having no pr essure a djustment va lve, a nd intended f or s ports i n which it is hit. 207 VAPOR PROCESSING DEVICE - The portion of a VOC emission control system that r ecovers, de stroys, or ot herwise phy sically or c hemically ha ndles V OC va por, delivered to it by a capture system, so that most or all of that VOC cannot be emitted to the atmosphere. 208 VOLATILE ORGANIC COMPOUND (VOC) - Any or ganic c ompound e xcept non-precursor organic compounds. SECTION 300 - STANDARDS 301 LIMITATION - ADHESIVES: By May 31, 1995, no person shall use adhesives in the manufacture of rubber sports balls, including but not limited to tennis and racquet balls, except by: 301.1 Using adhesive with a VOC content that does not exceed 2.4 pounds of VOC per gallon (288 g/l) as applied, less water and non-precursor compounds, as determined by EPA Method 24; or Using a n A pproved E mission Control S ystem h aving a n ove rall control efficiency, including capture and processing, of at least 81 percent by weight of VOC -reduction f or a ll a dhesive a pplication processes u sing a dhesive containing over 2.4 pounds of VOC per gallon (288 g/l), as applied, less water and non-precursor compounds. T he control efficiency of an adsorption and recovery s ystem us ed a s a n A pproved E mission C ontrol S ystem s hall b e determined using the mass-balance formula in subsection 503.1. OPERATION AND MAINTENANCE (O&M) PLAN: 301.2 302 302.1 The ow ner or ope rator o f a n A pproved E mission C ontrol System us ed t o meet t he r equirements o f s ubsection 301. 2 of t his r ule s hall pr ovide t he 334.4 Control O fficer w ith a n O peration a nd M aintenance ( O&M) P lan. T his O&M Plan shall specify: a. Key system operating parameters, such as temperatures, pressures, fluid throughputs, a nd/or f low r ates; t he s tack V OC-concentration monitoring a nd a dsorber sequencing e quipment s pecifications a nd the set p oints c ontained in th eir p rogramming; a nd a ny o ther c ritical processes n ecessary f or pr oper ope ration a nd f or de termining compliance with this rule; b. All es sential m aintenance p rocedures an d t heir f requencies n eeded t o maintain the Approved Emission Control System. 302.2 An Approved Emission Control System must have the O&M Plan approved in writing by the Control Officer. 302.3 Time Frames For Changes: a. Changes i nvolving r eduction i n the f requency or e xtent of a C ontrolOfficer approved O&M Procedure must have the written consent of the Control Officer prior to being implemented. b. Other changes: An updated O&M P lan m ust be submitted to t he Control Officer for review within 10 days of any changes not involving reduction i n f requency or e xtent of a n a pproved O &M pr ocedure. Within f ive w orking da ys of a w ritten d isapproval of s uch c hanges, either th e o riginal O &M P lan s hall b e r einstituted o r a n a lternative, negotiated w ith t he a ffected f acility a nd a pproved i n w riting by t he Control Officer, shall be instituted. 303 MAINTENANCE: Any person s ubject t o this r ule shall o perate an d m aintain i n proper w orking or der w hen i n us e a ll pr ocess e quipment in w hich V OC-containing materials are used. 304 STORAGE AND DISPOSAL OF VOC: Any person subject to this rule shall store all VOC -containing m aterials s ubject t o e vaporation, i ncluding w aste a dhesive a nd waste solvent i n c ontainers, each of which is legibly labelled with its contents. The presence of content-labels that are required by federal hazardous waste or occupational safety statutes (RCRA or OSHA) will meet this requirement. These containers shall be covered when not in use or, alternatively, they shall be placed beneath a hood ducted to or within an enclosure ducted to an operating Approved Emission Control System until solidified throughout. S uch person shall keep records of disposal of VOC-containing materials i n acco rdance w ith ap plicable f ederal, s tate, an d l ocal h azardous w aste disposal statutes and rules. 305 EXEMPTIONS: 334.5 305.1 Facilities which after December 31, 1989, always emit less than 50 tons (45.4 Mg) per year and less than 8333 poun ds (3780 kg) per month of VOC from adhesives used in the manufacture of rubber sportsballs are exempt from this rule, except that those facilities which have the potential to annually emit or which do a nnually e mit more t han 25 tons ( 22.7 M g) of V OC f rom such adhesives a fter D ecember 31, 1989, m ust ke ep r ecords i n a ccordance w ith Section 500. 305.2 Applicability of Other Rules: a. Facilities exempted from the provisions of this rule pursuant to Section 102 are not e xempted f rom ot her pr ovisions i n ot her r ules of t he Maricopa County Air Pollution Control Regulation III. b. Rules 330 and 336 shall not apply to a facility subject to the standards of this rule. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: An ow ner or operator w ho c hooses t o m eet t he requirements of Section 301 by use of an Approved Emission Control System must be in full compliance with all applicable requirements by May 31, 1995. A ny owner or operator of a n emission c ontrol system used to me et th e requirements o f subsection 301.2 of this rule shall provide the Control Officer with: 401.1 An O peration a nd M aintenance ( O&M) P lan f or th is system by M ay 3 1, 1995. 401.2 A compliance plan by December 1, 1994 , listing the dates of completion of increments of progress toward meeting the requirements of subsection 301.2. SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: Any pe rson operating a n A pproved Emission C ontrol System pur suant t o t his r ule s hall pr ovide, properly i nstall and m aintain i n c alibration, i n good w orking or der a nd i n operation, devices described i n a n approved O &M P lan f or i ndicating t emperatures, pr essures, fluid throughputs, r ates of f low, a nd/or other operating c onditions n ecessary t o determine if a ir p ollution c ontrol e quipment is f unctioning pr operly a nd i s pr operly maintained. 502 RECORDKEEPING AND REPORTING: Any pe rson s ubject to t his rule s hall comply with the following requirements. Records shall be retained for five years and shall be made available to the Control Officer upon request. 334.6 502.1 Current List: Maintain a c urrent l ist of a dhesives i ncluding t heir formulations a s a pplied, m akeup s olvents, a nd a ny ot her V OC-containing materials. State the VOC content of each in pounds per gallon or grams per liter. 502.2 Usage Records: Maintain r ecords a ccording t o t he f ollowing s chedule, which show the type and amount of each adhesive, makeup solvent, and any other VOC-containing material. a. b. Adhesives solvents, and VOC-containing materials: (1) Records shall be up dated m onthly s howing t he us age of the separate a dhesives, s olvents, a nd ot her V OC-containing materials. (2) Yearly upda te t hose m aterials kn own t o be a nnually us ed i n quantities less than 15 gallons (56 l) or to annually emit less than 75 lb (34 kg). (3) Deliveries: At the time of each delivery of solvent, the amount received, t ank de signation a nd t ime s hall be r ecorded i n a l og book. Measuring instruments and readings: (1) Readings for efficiency determination should be made during the same time period each day. (2) If v olume r ather t han m ass ( weight) measures ar e u sed as t he basis f or c alculations, t hen c ompensate f or t emperature. A temperature-compensating i nstrument may be used f or t his purpose. I f t wo or m ore s uch i nstruments a re us ed i n a demonstration of compliance with this rule, log any difference(s) between t heir r espective co mpensating f actors w ith t he temperature range(s) where difference occurs. Show adjustments for such differences when making mass-balance calculations. (3) Readings of all meters or other instruments measuring throughput on lines to or from such tanks shall be recorded daily with date and time. (4) Each r epair, a djustment, o r r esetting o f f low m eters o r o ther instruments m easuring c umulative throughput s hall be l ogged with t he da te, t ime, pur pose, a nd the r eading be fore a nd a fter such a n ope ration. The c umulative, totalizing, t hroughput readout of such an instrument shall have no resetting feature. 334.7 503 COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 503.1 Mass Balance Determinations - Self Monitoring of Compliance for a Facility Using Carbon Adsorption with Solvent Recovery as a Control Method: a. Daily recording: Refer to Figure I of this rule for the location of the mass b alance m eters - MB, M V, and M R. B y midday on t he f irst workday following a completed production-day, the following shall be determined f or t hat c ompleted pr oduction da y a nd e ntered i n a hardcopy form acceptable to the Control Officer: (1) The individual readings given by each of the three mass balance meters at the designated meter-reading time during the production day just completed; (2) VOC throughputs via those three mass balance flowmeters since both: (3) b. (a) the previous pr oduction da y at t he de signated m eterreading time; and (b) since meter-reading time on that production day which is nine production days prior to the most recently completed production day. Using t he R ecovery F ormula i n 503 .1,b. and t he l ogged va lues required by 503.1,a.(2)(a) above, determine the most recent oneday r ecovery e fficiency a nd r ecord that i n t he s ame l og. U sing the va lues r equired by 50 3.1,a.(2)(b) i n t he pr evious pa ragraph, the 9 -day r olling a verage s hall a lso be c alculated an d r ecorded using the same recovery formula in 503.1,b. Recovery formula: Using the liquid/liquid mass balance method, the following ratio expresses the efficiency of the control system during the period of the 9-day rolling average and for other periods: RecoveryM = MB MV + MR Where: M B is t he s olvent t hroughput i ndicated by t he m eter immediately downstream of the buffer tank. 334.8 MV is the solvent throughput indicated by the meter on the output pipe of the virgin solvent tank. MR is the solvent throughput indicated by the meter downstream of the junction c onnecting t he out put l ines f rom e ach r ecovered-solvent storage tank. (1) Adjustments for waste disposed of through statutorily prescribed procedures: When the c ombined m ass of a ll s uch waste is less than 0.5 percent of the total mass of solvent metered through meters MV and MR during the same 9-day rolling average period a s t he w aste o ccurred, 9 5 p ercent o f t he m ass o f contaminated solvent and half the mass of any still fluid adhesive wasted m ay be s ubtracted f rom t he de nominator (MV + M R) i n the r ecovery f ormula w hen d etermining ef ficiency. E xcept as allowed by t he pr ocedure s et f orth in the ne xt paragraph, no adjustment c redit w ill be g iven f or w aste a dhesive w hich i s n o longer fluid. A Method 24 Test determination of VOC content(s) referenced in subsection 503.2 shall be performed if the owner or operator of an affected facility requests adjustment for a larger quantity of fluid and/or non -fluid w aste(s). T he r equest f or a djustment a nd t he results o f th e te st s hall b e s ubmitted to t he C ontrol O fficer f or approval. 503.2 (2) Total shut-downs and start-ups: The pr oduction s tatistics f or the last production day prior to a complete production shutdown of at least five consecutive days shall not be included in the 9-day rolling a verage of c ontrol e fficiency, a s l ong a s no a dhesive is made on t he l ast pr oduction da y. A t a s tart-up af ter a t otal shutdown "day one" of a 9-day rolling average pe riod begins at the standard meter-reading time on the third production day since start-up. (3) Non-production days: On da ys dur ing w hich a t otal of 100 gallons or less of adhesive enters adhesive application machines, the readings of meters "Ms", "MV", and "MR" shall not be entered in t he s ame log-sector as s uch r eadings m ade during act ual production da ys, i rrespective of whether adhesive was m ade on such days. The m ethod of determining bo th the solids a nd t he vo latile c ontent o f adhesives, a nd of determining c ompliance of a n adhesive with the V OClimit s pecified i n s ubsection 301.1 s hall be t he EPA Reference M ethod 24 334.9 (40 CFR, Part 60, Appendix A). Method 24 shall also be used to determine the v olatile an d n on-volatile c ontent o f w aste ad hesive w ith r eference t o subsection 503.1,b.(1). 334.10 BLANK PAGE 334.12 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 335 ARCHITECTURAL COATINGS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY OF MULTIPLE STANDARDS SECTION 200 - DEFINITIONS 201 ACRYLIC POLYMERS 202 ALKYDS 203 ARCHITECTURAL COATING 204 BELOW GROUND WOOD PRESERVATIVES 205 BITUMINOUS COATING MATERIALS 206 BOND BREAKERS 207 CATALYZED EPOXY 208 CONCRETE CURING COMPOUNDS 209 CHLORINATED RUBBER 210 DRY FOG COATINGS 211 ENAMEL UNDERCOATERS 212 FIRE RETARDANT COATINGS 213 FLAT COATINGS 214 GENERAL PRIMERS 215 GENERAL SEALERS 216 GENERAL UNDERCOATERS 217 GRAPHIC ARTS COATINGS (SIGN PAINTS) 218 INDUSTRIAL MAINTENANCE PRIMERS 219 INDUSTRIAL MAINTENANCE TOPCOATS 220 INORGANIC POLYMERS 221 LACQUERS 335.1 222 MASTIC TEXTURE COATINGS 223 METALLIC PIGMENTED PAINTS 224 MULTI-COLORED COATINGS 225 NON-FLAT COATINGS 226 NON-PRECURSOR ORGANIC COMPOUND 227 OPAQUE STAINS 228 OPAQUE WOOD PRESERVATIVES 229 ORGANIC COMPOUND 230 QUICK-DRY ENAMELS 231 QUICK-DRY PRIMERS AND SEALERS 232 ROOF COATINGS 233 SEMI-TRANSPARENT STAINS 234 SEMI-TRANSPARENT WOOD PRESERVATIVES 235 SHELLACS 236 SILICONES 237 SPECIALTY FLAT PRODUCTS 238 SPECIALTY PRIMERS, SEALERS, AND UNDERCOATERS 239 SWIMMING POOL COATINGS 240 TILE-LIKE GLAZE COATINGS 241 TRAFFIC COATINGS 242 UNIQUE VEHICLES 243 URETHANE POLYMERS 244 VARNISHES 245 VINYL CHLORIDE POLYMERS 246 VOLATILE ORGANIC COMPOUND (VOC) 247 WATERPROOF MASTIC COATINGS 248 WATERPROOF SEALERS SECTION 300 - STANDARDS 301 PROHIBITION - BITUMINOUS PAVEMENT SEALERS 335.2 302 INTERIM LIMITS - NON-FLAT ARCHITECTURAL COATINGS 303 FINAL LIMITS - NON-FLAT ARCHITECTURAL COATINGS 304 LIMITS - FLAT ARCHITECTURAL COATINGS 305 LIMITS - SPECIALTY COATINGS 306 EXEMPTIONS - SPECIFIC-USE COATINGS 307 EXEMPTIONS - SMALL CONTAINERS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 LABELING REQUIRED 402 MANUFACTURE DATE REQUIRED SECTION 500 - MONITORING AND RECORDS 501 DETERMINATION OF COMPLIANCE 335.3 BLANK PAGE 335.4 Adopted 07/13/88 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 335 ARCHITECTURAL COATINGS SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds from architectural coatings. 102 APPLICABILITY OF MULTIPLE STANDARDS: In any instance where more than one of the standards set forth in this rule may be applicable, the most restrictive standard shall apply. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ACRYLIC POLYMERS - Polymers r esulting f rom t he pol ymerization of derivatives of acr ylic a cids, including es ters o f acr ylic aci ds, methacrylic aci d, acrylonitrile, a nd t heir copolymers. A lso kno wn a s a crylic resins a nd a crylate resins. 202 ALKYDS - Synthetic r esins f ormed b y t he c ondensation of pol yhydric a lcohols with polybasic acids. 203 ARCHITECTURAL COATING - Any coating applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs. 204 BELOW GROUND WOOD PRESERVATIVES - Heavy duty c oatings formulated solely for the purpose of protecting below ground wood from decay or insect attack and which contain a wood preservative. 205 BITUMINOUS COATING MATERIALS - Black or brownish materials, soluble in carbon disulfide, consisting mainly of hydrocarbons and which are obtained from natural deposits, or as residues from the distillation of crude petroleum oils or of low grades of coal. 206 BOND BREAKERS - Coatings whose sole purpose, when applied between layers of concrete, is to prevent the freshly poured top layer of concrete from bonding to the substrate on which it is poured. 335.5 207 CATALYZED EPOXY - Crosslinking r esins made b y t he r eaction of e poxides with ot her m aterial s uch a s amines, alcohols, phe nols, c arboxylic acids a nd unsaturated compounds. 208 CONCRETE CURING COMPOUNDS - Coatings whose sole purpose is to retard the eva poration of w ater f rom t he s urface o f f reshly cast conc rete, thereby strengthening it. 209 CHLORINATED RUBBER - Resin f ormed b y t he r eaction of r ubber w ith chlorine. 210 DRY FOG COATINGS - Coatings w hich are formulated s o t hat w hen s prayed, overspray droplets dry before falling on floors and other surfaces. 211 ENAMEL UNDERCOATERS - Coatings w hich a re de signed t o be applied t o a new surface over a primer or over a previous coat of paint, in order to improve the seal, provide better adhesion and make a smooth base for non-flat coatings. 212 FIRE RETARDANT COATINGS - Coatings which are de signed to retard fires and which will significantly: 212.1 Reduce the rate of flame spread on the surface of a material to which such a coating has been applied; or 212.2 Resist ignition when exposed to high temperature; or 212.3 Insulate a substrate to which such a coating has been applied and prolong the time required for the substrate to reach ignition temperature. 213 FLAT COATINGS - Coatings which register gloss less than 15 on an 85° meter or less than 5 on a 60° meter, or which is labeled as a flat coating. 214 GENERAL PRIMERS - Coatings which are intended to be applied to a surface to provide a firm bond between the substrate and subsequent coats. 215 GENERAL SEALERS - Coatings which are intended for use on porous substrates to protect the substrate, to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate. 216 GENERAL UNDERCOATERS - Coating which are designed to provide a smooth surface for subsequent coats. 217 GRAPHIC ARTS COATINGS (SIGN PAINTS) - Coatings w hich are m arketed solely f or application t o i ndoor a nd out door s igns a nd i nclude l ettering e namels, poster colors and bulletin colors. INDUSTRIAL MAINTENANCE PRIMERS - Coatings which are intended to be applied to a surface prior to the application of an industrial maintenance topcoat, to provide a firm bond between the substrate and subsequent coats. 218 335.6 Note 1 219 INDUSTRIAL MAINTENANCE TOPCOATS - High performance coa tings which are formulated for the purpose of heavy abrasion, water immersion, chemical, corrosion, temperature, electrical or solvent resistance. 220 INORGANIC POLYMERS - Substances w hose pr inciple s tructural features are made of hom opolar i nterlinkages be tween m ultivalent e lements ot her t han c arbon. This doe s not pr eclude t he pr esence of c arbon-containing groups i n t he s ide branches, or a s i nterlinkages be tween pr inciple s tructural m embers. E xamples of such polymers are ethyl and butyl silicates. 221 LACQUERS - Clear or pi gmented coatings formulated with nitrocellulose or synthetic resins t o dr y b y evaporation w ithout c hemical r eaction a nd t o provide a quick drying, solid protective film. 222 MASTIC TEXTURE COATINGS - Coatings, except w eatherproof m astic coatings, which are formulated to cover holes, minor cracks and to conceal surface irregularities. 223 METALLIC PIGMENTED PAINTS - Any c oatings w hich are formulated with metallic pigment and which contain more than 10 grams of metal particles per liter of coating (0.08 lb/gal) as applied where such metal particles are visible in the dried film. 224 MULTI-COLORED COATINGS - Coatings which e xhibit m ore t han one color when applied and which are packaged in a single container and applied in a single coat. 225 NON-FLAT COATINGS - Coatings w hich r egister gloss of 15 or g reater on a n 85° meter or 5 or greater on a 60 ° meter, or w hich are i dentified on the l abel as gloss, semi-gloss, or eggshell enamel coatings. 226 NON-PRECURSOR ORGANIC COMPOUND - The f ollowing or ganic compounds ha ve be en d esignated b y t he E PA a s ha ving ne gligible phot ochemical reactivity: m ethane; et hane; me thylene c hloride; l,l ,1 trichloroethane; trichlorotrifluoroethane ( CFC-113); t richlorofluoromethane ( CFC-11); dichlorodifluoromethane ( CFC-12); c hlorodifluoromethane ( CFC-22); trifluoromethane ( FC-23); di chlorotetrafluoroethane ( CFC-114) a nd chloropentafluoroethane (CFC-115). 227 OPAQUE STAINS - All stains that are not classified as semitransparent stains. 228 OPAQUE WOOD PRESERVATIVES - All w ood pr eservatives t hat a re not classified as semitransparent wood preservatives. 1 This note is not part of Rule 335. For the reader’s convenience, the current list of non-precursor organic compounds is found in Rule 100, Section 200. 335.7 229 ORGANIC COMPOUND - Any compound of carbon excluding carbon monoxide, carbon di oxide, c arbonic a cid, m etallic carbides a nd carbonates and a mmonium carbonate. 230 QUICK-DRY ENAMELS - Non-flat coatings which comply with the following: 230.1 Should be capable of being applied directly from the container by brush or roller when the ambient temperature is between 60°F and 80°F. 230.2 When t ested i n a ccordance w ith A STM D 1640 t hey s hall: s et t o t ouch i n two hours or less, dry hard in eight hours or less, and be tack-free in four hours or less by the mechanical method test. 230.3 Shall have a 60° meter dried film gloss of no less than 70. 231 QUICK-DRY PRIMERS AND SEALERS - Primers, sealers and undercoaters which a re i ntended t o be a pplied t o a s urface t o pr ovide a f irm bond be tween t he substrate and subsequent coats and which are dry to the touch in one-half hour and can be recoated in two hours (ASTM 1640). 232 ROOF COATINGS - Coatings w hich a re f ormulated f or t he s ole pur pose of preventing penetration of the substrate by water. These coatings include bituminous roof and waterproof mastic coatings. 233 SEMI-TRANSPARENT STAINS - Coatings which are formulated to cha nge t he color of a surface but not conceal the surface. 234 SEMI-TRANSPARENT WOOD PRESERVATIVES - Wood preservative stains which a re formulated f or t he pu rpose of p rotecting exposed w ood from decay or insect attack by the addition of a wood preservative chemical and which change the color of a s urface but d o not c onceal t he s urface. T hese c oatings pe rform the ir function by penetrating into the wood. 235 SHELLACS - Clear or pigmented coatings f ormulated with natural resins ( except nitrocellulose r esins), t hinned w ith a lcohol, f ormulated t o dr y b y e vaporation without a c hemical r eaction a nd i ntended t o provide s tain bl ocking pr operties a s well as a solid protective film. 236 SILICONES - A r esin containing s ilicon unl ike or ganic r esins, w hich a ll c ontain carbon. The basic structure of silicones consist of silicon-oxygen linkages. 237 SPECIALTY FLAT PRODUCTS - Self-priming f lat pr oducts us ed onl y t o perform one of t he f ollowing f unctions: r epair f ire, s moke or w ater da mage; neutralize odor s; bl ock stains; or c oat a coustical ma terials w ithout a ffecting th eir acoustical abilities. 335.8 238 SPECIALTY PRIMERS, SEALERS, AND UNDERCOATERS - Primers, sealers and undercoaters used only to perform one of the following functions: repair fire, smoke o r w ater d amage; ne utralize odor s; block stains; bl ock efflorescence; condition chalky s urfaces; or coa t acous tical m aterials w ithout a ffecting the ir acoustical abilities. 239 SWIMMING POOL COATINGS - Coatings s pecifically f ormulated to c oat the interior of swimming pools and resist swimming pool chemicals. 240 TILE-LIKE GLAZE COATINGS - Coatings which a re f ormulated t o pr ovide a tough, e xtra-durable c oating s ystem, w hich a re applied a s a c ontinuous ( seamless) highbuild film and which cure to a hard glaze finish. 241 TRAFFIC COATINGS - Coatings w hich a re f ormulated t o be a pplied t o publ ic streets, hi ghways, a nd o ther s urfaces i ncluding, but not l imited t o c urbs, be rms, driveways, and parking lots. 242 UNIQUE VEHICLES - Generic pol ymer c omponents not de fined b y any of t he coatings listed in the category of industrial primers and topcoats in Section 305 of this rule, e.g., hypalon, phenoxy. 243 URETHANE POLYMERS - Coating ve hicles c ontaining a pol yisocyanate monomer r eacted i n s uch a m anner as t o yield pol ymers c ontaining any ratio, proportion, or c ombination of ur ethane l inkages, a ctive i socyanate groups, or polyisocyanate monomer. 244 VARNISHES - Clear or pigmented coatings formulated with various resins to dry by chemical reaction or exposure t o air. These coatings are i ntended t o provide a durable, transparent or translucent, solid protective film. 245 VINYL CHLORIDE POLYMERS - Polymers m ade b y t he pol ymerization of vinyl c hloride or c opolymerization of vi nyl chloride w ith ot her uns aturated compounds, the vinyl chloride being in greatest amount by weight. 246 VOLATILE ORGANIC COMPOUND (VOC) - Any or ganic compound e xcept non-precursor organic compounds. 247 WATERPROOF MASTIC COATINGS - Weatherproof and waterproof coatings which a re f ormulated t o c over hol es and m inor c racks a nd t o conceal s urface irregularities. 248 WATERPROOF SEALERS - Coatings which are formulated for the sole purpose of protecting porous substrates by preventing the penetration of water. SECTION 300 - STANDARDS 335.9 301 PROHIBITION - BITUMINOUS PAVEMENT SEALERS: N o p erson s hall apply, s ell, of fer f or s ale or manufacture f or s ale w ithin M aricopa C ounty a ny architectural c oating m anufactured a fter J uly 13, 1988, w hich i s r ecommended f or use as a bituminous pavement sealer unless it is an emulsion type coating. 302 INTERIM LIMITS - NON-FLAT ARCHITECTURAL COATINGS: No person s hall apply, s ell, of fer f or s ale or m anufacture f or s ale w ithin Maricopa County any non -flat architectural coating m anufactured after J uly 13, 19 89, which contains m ore t han 3.2 l bs ( 380 g /l) of vol atile or ganic c ompounds pe r gallon of coating, excluding water and any colorant added to tint bases. T hese limits do not apply to speciality coatings listed in Section 305 of this rule. 303 FINAL LIMITS - NON-FLAT ARCHITECTURAL COATINGS: No pe rson shall apply, sell, offer for sale or manufacture for sale within Maricopa County any non-flat architectural coating manufactured after July 13, 1990, which contains more than 2.1 lbs (250 g/l) of volatile organic compounds per gallon of coating, excluding water and any colorant added to tint bases. T hese limits do not apply to speciality coatings listed in Section 305 of this rule. 304 LIMITS - FLAT ARCHITECTURAL COATINGS: No person shall apply, sell, offer for sale or manufacture for sale within Maricopa County any flat architectural coating manufactured after July 13, 1989, which contains more than 2.1 lbs (250 g/l) of vol atile o rganic c ompounds pe r gallon of c oating, excluding water a nd any colorant added to tint bases. These limits do not apply to speciality coatings listed in Section 305 of this rule. 305 LIMITS - SPECIALTY COATINGS: N o person shall apply, sell, offer for sale or m anufacture f or s ale w ithin Maricopa C ounty an y a rchitectural coa ting t hat exceeds the f ollowing li mits ma nufactured after the da te lis ted below. Limits a re expressed in pounds of VOC per gallon of coating as applied, excluding water and any colorant added to tint bases. COATING Concrete Curing Compounds Dry Fog Coating Flat Non-flat Enamel Undercoaters 335.10 7/13/89 Effective Dates 7/13/90 - - 7/13/91 (lb/gal) 2.9 4.6 3.5 3.8 - 3.5 3.3 2.9 General Primers, Sealers and Undercoaters Industrial Maintenance Primers and Topcoats Alkyds Catalyzed Epoxy Bituminous Coating Materials Inorganic Polymers Vinyl Chloride Polymers Chlorinated Rubbers Acrylic Polymers Urethane Polymers Silicones Unique Vehicles Lacquers Opaque Stains Wood Preservatives Quick Dry Enamels Roof Coatings Semi-transparent Stains Semi-transparent and Clear Wood Preservatives Opaque Wood Preservatives Specialty Flat Products Specialty Primers, Sealers & Undercoaters Stains, All Traffic Coatings Applied to Public Streets and Highways Applied to other Surfaces Black Traffic Coatings Varnishes Waterproof Mastic Coating Waterproof Sealers Wood Preservatives Except Below Ground Note 2 2 3.3 - 2.9 4.2 - 3.5 4.2 3.5 3.5 3.3 3.3 - 3.5 3.5 - 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 5.7 2.9 2.9 3.3 2.5 2.9 2.9 2.9 3.3 2.9 2.9 3.5 2.1 - 4.2 - 2.1 2.1 2.1 2.9 2.5 3.3 2.9 This note is not part of Rule 335. For the reader’s convenience, words in italics are not part of this Rule 335, but are alphabetized repeats of listed coatings. 335.11 306 EXEMPTIONS - SPECIFIC USE COATINGS: T his r ule s hall no t a pply t o architectural co atings recommended by t he m anufacturer f or us e s olely as one or more of the following: 306.1 Below ground wood preservative coatings. 306.2 Bond breakers. 306.3 Fire retardant coatings. 306.4 Graphic arts coatings (sign paints). 306.5 Mastic texture coatings. 306.6 Metallic pigmented coatings. 306.7 Multi-colored paints. 306.8 Quick-dry primers, sealers and undercoaters. 306.9 Shellacs. 306.10 Swimming pool paints. 306.11 Tile-like glaze coatings. 307 EXCEPTION - SMALL CONTAINERS: T he pr ovisions of t his r ule s hall not apply to architectural coatings supplied in containers having capacities of one quart or less. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 LABELING REQUIRED: E ffective J uly 13, 1989, c ontainers f or all c oatings subject t o this r ule s hall car ry a s tatement of t he m anufacturer's r ecommendation regarding thinning o f th e coatings. D ata ma y be quantified with either English or metric uni ts. T his r equirement s hall not a pply t o t he t hinning of t he a rchitectural coatings w ith w ater. T he r ecommendation s hall s pecify t hat t he c oating i s t o be employed without thinning or diluting under normal environmental and application conditions, unl ess t he r ecommended t hinning f or nor mal e nvironmental a nd application conditions does not cause the coating to exceed its applicable standard. Architectural coatings subject to the Federal Insecticide, Fungicide and Rodenticide Act shall not be subject to the labeling requirements of this rule. 402 MANUFACTURE DATE REQUIRED: Containers for all coatings subject to the provisions of this rule shall display the date of manufacture of the contents or a code indicating t he da te of m anufacture. T he m anufacturers of s uch coatings shall f ile with the Control Officer an explanation of each code. 335.12 SECTION 500 - MONITORING AND RECORDS 501 DETERMINATION OF COMPLIANCE: Testing pr ocedures t o determine compliance with prescribed VOC limits shall be consistent with Reference Methods 24 and 24A in the Arizona Testing Manual for Air Pollutant Emissions. Last Formatted - Fall 1997 335.13 BLANK PAGE 335.14 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 336 SURFACE COATING OPERATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ADHESIVE 202 AEROSOL CAN 203 AIR DRIED COATING 204 BAKED COATING 205 CAN COATING 206 CAN PRINTING INK 207 CLEAR COAT 208 COIL COATING 209 DAY 210 ELECTROSTATIC SPRAY/SYSTEM 211 EMISSION CONTROL SYSTEM (ECS) 212 END SEALING COMPOUND 213 EXEMPT EVAPORATING COMPONENTS (EXEMPT COMPOUNDS) 214 EXTERIOR BASECOAT 215 EXTREME PERFORMANCE COATING 216 FABRIC 217 FABRIC COATING 218 FILM COATING 219 FLEXIBLE PLASTIC PART OR PRODUCT 220 HEAT SENSITIVE MATERIAL 221 HIGHWAY VEHICLE 222 INTERIOR BASECOAT 223 INTERIOR BODY SPRAY 224 LARGE APPLIANCE 336.1 225 LOW PRESSURE SPRAY GUN 226 METAL FURNITURE 227 MINUS EXEMPT COMPOUNDS OR MINUS EXEMPT EVAPORATING COMPONENTS 228 MOBILE EQUIPMENT 229 NON-PRECURSOR ORGANIC COMPOUND 230 ORGANIC COMPOUND 231 OTHER METAL PARTS AND PRODUCTS 232 OVERVARNISH 233 PAPER COATING 234 PLASTIC 235 POLYESTER AND POLYESTER RESIN 236 POLYESTER COMPOSITE 237 PRIMER 238 QUALITY CLASS Q 239 REFINISHING 240 REPAIR COATING 241 RESTRICTED SPRAY GUN 242 SILICONE RELEASE COATING 243 SMALL SURFACE-COATING SOURCE (SSCS) 244 STRIPPABLE BOOTH COATING 245 SURFACE COATING 246 SURFACE COATING OPERATION 247 THREE-PIECE CAN SIDE-SEAM COAT 248 TOPCOAT 249 TOTAL VOC VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) 250 TOUCH UP COATING 251 TWO-PIECE CAN EXTERIOR END COAT 252 VINYL COATING (COATING ON VINYL) 253 VOC-BORNE COATING 254 VOC-BORNE DILUENT 255 VOC CONTENT 256 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 336.2 301 SURFACE COATINGS 302 APPLICATION METHODS FOR SURFACE COATINGS 303 CLEANUP OF APPLICATION EQUIPMENT 304 HANDLING AND DISPOSAL OF VOC 305 EXEMPTIONS 306 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 ECS RECORDING REQUIREMENTS 503 COMPLIANCE DETERMINATION AND TEST METHODS 504 FORMULA FOR TOTAL VOC VAPOR PRESSURE 336.3 BLANK PAGE 336.4 Revised 07/13/88 Revised 09/21/92 Revised 06/19/96 Revised 04/07/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 336 SURFACE COATING OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds (VOCs) from surface coating operations. 102 APPLICABILITY: This rule applies to coating operations listed in Table 1 of this rule that are not more specifically regulated by another rule within Rules 300 to 359 of Regulation III. Examples of coating operations not regulated by this rule appear in subsection 305.1. 102.1 Surface-coating activities regulated under this rule include, but are not limited to, the application of coating, coating preparation/mixing at the facility applying the coating, and the cleanup of coating application equipment. 102.2 Subsections 305.2 through 305.7 set forth partial or conditional exemptions for certain materials or uses employed by a surface coating operation subject to this rule. 102.3 This rule is not applicable to coatings having a VOC content, minus exempt compounds, of less than 0.15 lb VOC/gal (18g/L) nor to solvents having a VOC content of material less than 0.15 lb VOC/gal. 102.4 NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or to National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of these Rules and Regulations. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ADHESIVE - A material used for the primary purpose of bonding two or more surfaces together. 202 AEROSOL CAN - A non-refillable hand-held container from which a product is dispensed by means of pressurized propellant packaged within the container. 203 AIR-DRIED COATING - A coating which is dried by the use of air or forced warm air at temperatures up to and including 200°F (93.3°C). 336.5 204 BAKED COATING - A coating that is dried or cured in an oven in which the oven temperature exceeds 200°F (93.3°C). 205 CAN COATING - Any coating used in the production of metal cans. 206 CAN PRINTING INK - A fluid or viscous formulation used in can printing that imparts design, pattern, and/or alphanumeric symbols to a can. 207 CLEAR COAT - Any coating which lacks color or opacity or is transparent. 208 COIL COATING - Any coating applied to the surface(s) of flat metal sheets or strips that are formed into rolls or coils not used to make cans. 209 DAY - A period of 24 consecutive hours beginning at midnight. 210 ELECTROSTATIC SPRAY/SYSTEM - A method of applying atomized paint by electrically charging the coating and the object being coated with opposing charges. A higher proportion of the coating reaches and coats the object than would occur in the absence of a charge. 211 EMISSION CONTROL SYSTEM (ECS) - A system, approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions of volatile organic compounds. Such system consists of an emissions collection subsystem and an emissions processing subsystem. 212 END SEALING COMPOUND - A compound which is coated onto can ends and functions as a gasket when the end is attached to the can. 213 EXEMPT EVAPORATING COMPONENTS (EXEMPT COMPOUNDS) - The non-VOC, evaporating portion of a coating formulation; this necessarily includes all non-precursor organic compounds, as well as water and other inorganic liquids and gases. 214 EXTERIOR CAN-BASECOAT - Any coating applied to the exterior of a can to provide protection for the metal or to provide background for any lithographic or printing operation. 215 EXTREME PERFORMANCE COATING - A coating used on a surface where the coated surface in its intended use is at temperatures consistently in excess of 250°F (121°C). 216 FABRIC - Textile material. Non-manufactured items from nature are not fabric except for natural threads, fibers, filaments, and similar that have been manufactured into textile fabric. 217 FABRIC COATING - Any decorative or protective coating or reinforcing material applied onto or impregnated into textile fabric. 218 FILM COATING - Any coating applied in a web coating process on film substrate other than paper or fabric, including, but not limited to, typewriter ribbons, photographic film, magnetic tape and metal foil gift wrap. 219 FLEXIBLE PLASTIC PART OR PRODUCT - A plastic part or product designed to withstand significant deformation without damaging it for its intended use. Not included 336.6 are flexible plastic parts that are found on a can, coil, metal furniture, or large appliance, or that are already a part of an aerospace component, highway vehicle, mobile equipment, architectural building or structure, or a previously coated marine-vessel. 220 HEAT SENSITIVE MATERIAL - Materials which cannot consistently be exposed to temperatures greater than 203°F (95°C) without materially affecting desired function, performance, or other characteristics. 221 HIGHWAY VEHICLE - Any vehicle that is physically capable of being driven upon a highway including, but not limited to, cars, pickups, vans, trucks, truck-tractors, motorhomes, motorcycles, and utility vehicles. 222 INTERIOR BASECOAT - Any coating applied to the interior of a can to provide a protective lining between the intended contents and the metal shell of the can. 223 INTERIOR BODY SPRAY - Any coating sprayed onto the interior of a can to provide a protective film between the intended contents and the metal shell of the can. 224 LARGE APPLIANCE - A door, case, lid, panel, or interior support part of residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, evaporative coolers and other similar products. 225 LOW PRESSURE SPRAY GUN - An air-atomized spray gun that, by design, functions best at tip pressures below 10 psig (516 mm Hg), measured according to subsection 503.1d of this rule, and for which the manufacturer makes no claims to the public that the gun can be used effectively above 12 psig (619 mm Hg). 226 METAL FURNITURE - Any furniture made of metal or any metal part which will be assembled with other parts made of metal or other material(s) to form a furniture piece. 227 MINUS EXEMPT COMPOUNDS or MINUS EXEMPT EVAPORATING COMPONENTS See VOC Content Minus Exempt Compounds. 228 MOBILE EQUIPMENT - Any equipment that is physically capable of being driven or drawn upon a highway including, but not limited to, the following types of equipment: construction vehicles (such as mobile cranes, bulldozers, concrete mixers); farming equipment (wheel tractor, plow, pesticide sprayer); hauling equipment (truck trailers, utility bodies, camper shells); and miscellaneous equipment (street cleaners, mopeds, golf carts). 229 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt”. A listing of these compounds is found in Rule 100. 230 ORGANIC COMPOUND - Any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, carbonates, and metallic carbides. 231 OTHER METAL PARTS AND PRODUCTS - Any metal part or product, excluding the following items that are made of metal: can, coil, furniture, large appliance, aerospace component, metal foil, metal textile fabric, semiconductor metal, highway vehicle, mobile equipment, an architectural building or structure, a previously coated marine-vessel. 336.7 232 OVERVARNISH - Any coating applied to a can to reduce the coefficient of friction, to provide gloss, or to protect the finish against abrasion and/or corrosion. 233 PAPER COATING - Any coating applied on or impregnated into paper, including, but not limited to, adhesive tapes and labels, book covers, post cards, office copier paper, drafting paper and pressure sensitive tapes. 234 PLASTIC - Any solid, synthetic: resin, polymer, or elastomer, except rubber. For the purposes of this rule, plastic film is considered film; fabric and paper made of polymeric plastic fibers are considered fabric and paper, respectively. 235 POLYESTER and POLYESTER RESIN - A complex, polymeric ester containing difunctional acids. 236 POLYESTER COMPOSITE - Cured material made of polyester resin with reinforcing material imbedded in it, such as glass fibers. 237 PRIMER - A coating applied directly to substrate for any one or combination of the following purposes: corrosion prevention, protection from the environment, functional fluid resistance, or adhesion of subsequent coatings. 238 QUALITY CLASS Q - Any system, structure, coating or other component which, if defective or inoperable, could cause or increase the severity of a nuclear incident, thereby imposing undue risk to the health and safety of the public. 239 REFINISHING - Recoating a used object's surface which arrives at the refinisher with a coating or with a previous coating worn away by use. 240 REPAIR COATING - A coating or coating operation used to recoat the portion of a completed finish that suffered post-production damage at the facility where the finish was applied. 241 RESTRICTED SPRAY GUN - Any air-atomizing spray gun that is not a low pressure spray gun, and any other coating gun that is not on the list in subsection 303.1 of this rule. 242 SILICONE RELEASE COATING - Any resin coating, the major cured portion of which is silicone resin, having as its primary function the release of food products from metal surfaces such as baking pans. 243 SMALL SURFACE-COATING SOURCE (SSCS) - A facility from which the total VOC emissions for all surface coating operations that are subject to this rule without, or prior to, any emission control, is less than 15 pounds (6.8 kg) per day and less than 2 tons (1814 kg) per year; as demonstrated by both adequate records of coating and diluent use (pursuant to subsection 501.2) and a separate tally of the number of days each month that such coating operations occur. 244 STRIPPABLE BOOTH COATING - A temporary coating that is applied to spray booth surfaces to receive the overspray and protect the surfaces, and which is designed to readily be pulled off the substrate in strips or sheets, and disposed of. 336.8 245 SURFACE COATING - Any liquid, fluid, or mastic composition which is converted to a solid (or semi-solid) protective, decorative, or adherent film or deposit after application as a thin layer. Surface coating is generally distinct and different from impregnation and from applying adhesive for bonding purposes. 246 SURFACE COATING OPERATION - Preparation, handling, mixing, and application of surface coating, and cleanup of application-equipment and enclosures at a facility where surface coating is applied. 247 THREE-PIECE CAN SIDE-SEAM COAT - Any coating sprayed onto the interior and/or exterior of a can body seam on a three-piece can to protect the exposed metal. 248 TOPCOAT - The final, permanent, coating-formulation that completed the finish on a surface. 249 TOTAL VOC VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) - The sum of the partial pressures of the compounds defined as VOCs, calculated according to the formula in Section 504 of this rule. 250 TOUCH UP COATING - A coating used to cover minor coating imperfections after the main coating operation. This includes touch-up coating that accompanies the purchase of an object already coated with that coating. 251 TWO-PIECE CAN EXTERIOR END COAT - Any coating applied to the exterior end of a can to provide protection to the metal. 252 VINYL COATING (COATING ON VINYL) - Any decorative or protective coating or reinforcing coating applied over vinyl-coated textile fabric or vinyl sheets. 253 VOC-BORNE COATING - A coating that contains more VOC than water, by weight. 254 VOC-BORNE DILUENT - A solvent or other diluent that contains more VOC than water, by weight. 255 VOC CONTENT - In this rule, VOC content is determined by one of the following two formulas: To determine compliance with Table 1 or the 2.0 lb VOC/gal threshold in Section 302, use the following formula in subsection 255.1; For other purposes, use the formula in subsection 255.2: 255.1 VOC CONTENT MINUS EXEMPT COMPOUNDS (is the same as VOC CONTENT MINUS EXEMPT EVAPORATING COMPONENTS) (also known as “THE EPA METHOD 24 VOC CONTENT” on manufacturer’s data sheets.) VOC Content Minus Exempt Compounds = Ws − Ww − Wes Vm − Vw − Ves Using consistently either English or metric measures in the calculations, where: Ws = weight of all volatile material in pounds (or grams), including VOC, water, non-precursor organic compounds and dissolved vapors Ww = weight of water in pounds (or grams) 336.9 Wes = weight of all non-precursor compounds in pounds (or grams) Vm = volume of total material in gallons (or liters) V w = volume of water in gallons (or liters) Ves = volume of all non-precursor compounds in gallons (or liters) 255.2 VOC CONTENT OF MATERIAL (MATERIAL VOC-CONTENT) VOC Content Of Material = Ws − Ww − Wes Vm Using consistently either English or metric measures in the calculations, where: Ws = weight of all volatile material in pounds (or grams) including VOC, water, non-precursor organic compounds and dissolved vapors Ww = weight of water in pounds (or grams) Wes = weight of all non-precursor compounds in pounds (or grams) Vm = volume of total material in gallons (or liters) 256 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 301 SURFACE COATINGS: A person shall comply with one of the following for all applications of surface coatings: 301.1 Meet the limits in Table 1. 301.2 Operate an ECS in accordance with subsection 306.1 when applying a coating that exceeds the VOC limits in Table 1. 301.3 Qualify for an exemption under Section 305. 336.10 TABLE 1 SURFACE COATING EMISSION LIMITS LIMITS AS APPLIED: VOC content minus exempt compounds (see subsection 255.1) TYPE OF SURFACE COATING Column I Column II lbs/gal g/liter Can Coating Sheet Basecoat (Exterior and Interior) and Overvarnish 2.8 340 Two-Piece Can Exterior (Basecoat and Overvarnish) 2.8 340 Two and Three-Piece Can Interior Body Spray 4.2 510 Two-Piece Can Exterior End (Spray or Roll Coat) 4.2 510 Three-Piece Can Side-Seam Spray 5.5 660 End Sealing Compound 3.7 440 Can Printing Ink 2.5 300 2.6 310 Coil Coating (any coat) 3.0 360 Metal Furniture Coating 2.8 340 Large Appliance Coating OTHER METAL PARTS AND PRODUCTS COATING (As defined in Section 231) The following includes Non-adhesive Coating, Adhesive, Adhesive Primer, Caulking, and Beaded Sealants: 3.5 420 Air-Dried Coating 3.0 360 Baked Coating [above 200°F (93°C)] 3.5 420 Silicone Release Coating: Baked or Air-Dried Fabric Coating Film Coating COATING PLASTIC PARTS AND PRODUCTS THAT ARE Not Defined as Flexible COATING FLEXIBLE PLASTIC PARTS AND PRODUCTS Primer Color Topcoat Basecoat/Clear Coat (Combined System) – Limit for either coat Paper Coating, including Adhesives Vinyl Coating (Coating on Vinyl) STRIPPABLE BOOTH COATINGS 302 2.9 2.9 350 350 3.5 420 4.1 3.8 4.5 490 450 540 2.9 3.8 2.0 350 450 240 APPLICATION METHODS FOR SURFACE COATINGS: A person shall employ one of the following for all applications of surface coating containing more than 2 pounds of VOC per gallon (240 g/L) minus exempt compounds: 302.1 A low pressure spray gun; or 302.2 An electrostatic system; or 336.11 303 302.3 A system that atomizes principally by hydraulic pressure, including “airless” and “air assisted airless”; or 302.4 Non-atomizing or non-spraying application methods, such as but not limited to dipping, rolling, or brushing; or 302.5 Any method which is approved by the Administrator of the Federal EPA and the Control Officer as having a transfer efficiency of 65% or greater. CLEANUP OF APPLICATION EQUIPMENT: A person shall comply with the following when using VOC-containing material to clean application equipment: 303.1 303.2 304 305 Disassemble any spray gun and other application equipment and clean it in: a. A container which remains covered at all times, except when the application equipment is being handled in the container, or transferred into or out of the container; or b. A commercially-sold gun cleaning machine which shall be operated and maintained as stipulated in the Air Pollution Permit’s Operation and Maintenance (O&M) Plan, or – in the absence of its mention in the O&M Plan – according to manufacturer’s or distributor’s instructions. Vapor Pressure Limits: Any person subject to this rule using VOC-solvent to clean coating application equipment shall use only solvent which, as used, has a VOC-vapor pressure below 35 mm Hg at 20° C (68° F), except for sprayless equipment exempted pursuant to subsection 305.6. HANDLING AND DISPOSAL OF VOC: 304.1 Use And Storage: A person shall cover and keep covered each VOCcontaining material which is not currently in use. A person shall store finishing and cleaning materials in closed or covered leak-free containers. 304.2 Disposal Of VOC And VOC-Containing Material: A person shall store all VOC-containing materials intended for disposal including, but not limited to, rags, waste coatings, waste brushes, waste rollers, waste applicators, waste solvents, and their residues, in closed, leakfree containers which are legibly labeled with their contents and which remain covered when not in use. EXEMPTIONS: 305.1 Categorical Exemptions: This rule does not apply to the following operations: a. Aerospace coating operations (Rule 348). b. Architectural coating, including buildings and erected structures (Rule 335). c. Cleaning: VOC loss from cleaning or stripping a surface for coating or other purpose is regulated by Rule 331. 336.12 305.2 d. Marine vessel exterior refinishing. e. Polyester coatings applied to polyester composites. f. Printing and graphic arts coating (Rule 337). g. Semiconductor manufacturing (Rule 338). h. Coating a highway vehicle or mobile equipment (Rule 345). i. Wood: Coating Wood Furniture (Rule 342); Coating Wood Millwork (Rule 346). Exemptions For Qualified Materials: Rule 336 does not apply to the following materials that meet the specific qualification(s) and limitation(s) set forth herein: a. b. Leak-Preventing Materials: Sealants, adhesives, caulking, and similar materials used on the following substrates for the primary purpose of leak prevention are exempt from this rule: (1) Non-metallic substrates; and (2) Used substrates, post manufacture, such as, but not limited to, old joints and seals on pipe and valve assemblies. Adhesive Use: (1) Adhesive and adhesive primer applications are exempt from this rule, except for the 2 categories that appear in Table 1, namely adhesive materials applied to other metal parts and products (as defined in Section 231), and adhesives used in paper coating (as defined in Section 233). (2) Any adhesive exempted by this Rule 336 and to which no other rule in Regulation III specifically applies shall comply with the provisions of Rule 330 (Volatile Organic Compounds) of these Rules & Regulations. c. Certain Joint Fillers: Caulking and beaded sealants used to fill gaps or to fill joints between surfaces are exempt from this rule, except those used in manufacturing other metal parts and products as defined in Section 231 of this rule, or in the manufacturing of cans. d. Extreme Performance Coatings: Extreme performance coatings are exempt from the VOC limits of Table 1 when used under the following conditions: (1) Used on internal combustion engine components that are normally above 250°F (121°C) during use; or 336.13 (2) Used at temperatures above 250°F (121°C) on items that are both included under SIC (Standard Industrial Classification, 1987) codes 3661, 3663, 3669, 3677, 3678, 3679, or 3769 and are electronic products in space vehicles and/or are communications equipment. The US Government Printing Office “Standard Industrial Classification Manual, 1987” (and no future editions) is incorporated by reference and is on file at Maricopa County Environmental Services Department, 1001 N. Central Avenue, Suite 201, Phoenix, Arizona 85004-1942. 305.3 ECS Use In Lieu Of Equipment/Practice: In lieu of meeting an equipment or work practice standard within Sections 302, 303, or 304, an owner or operator is allowed to instead use an ECS that has a capture efficiency not less than 90% and meets all ECS requirements in Section 306. 305.4 Spray-Gun And VOC-Limit Exemptions: The following are exempt from subsection 301.1, subsection 301.2, and Section 302 of this rule: a. Coating with an aerosol can. b. Touch up or repair-coating operations as defined in Sections 250 and 240. c. Low usage coatings which in aggregate of all formulations do not exceed 55 gallons (208 liters) per year facility-wide if the operator updates usagerecords of these coatings on each day of their use, pursuant to subsection 501.2. d. A small surface-coating source (SSCS) as defined in Section 243. However, once a small surface-coating source exceeds either the 15 lb per day or the 2 tons per year limits that are required to maintain SSCS status, that facility is permanently subject to the limits of subsection 301.1, subsection 301.2, and Section 302, with the following exception: e. (1) For such a facility that does not have either a 15 lb/day or a 2 ton/year VOC-emission limit in an Air Pollution Permit for processes regulated by this rule, an owner or operator may retain the exemption if s/he agrees in writing to enforceable permit conditions that establish these or stricter limits. (2) However, a facility that violates its permit limit of either 15 lbs VOC/day or 2 tons VOC/yr. for coating process regulated by this Rule 336 is permanently subject to the limits of subsections 301.1 and 301.2, and Section 302. A Quality Class Q protective coating that is used on equipment, structures, and/or components within a containment facility of a nuclear power plant and is approved in accordance with either ANSI standards N101.2 and N101.4 or with ASTM Standards D3911 and D3843. 336.14 f. 305.5 306 A tactical military-equipment coating that is approved in an MCESD Air Pollution Permit subsequent to a sufficient demonstration by the user that no compliant substitute exists. Special Facilities/Operations: a. Silicone Release Coatings: Silicone release coating operations controlled by an ECS pursuant to subsection 301.2 are exempt from the 85 percent overall control efficiency requirement if the ECS demonstrates at least 70 percent overall control and the coating is applied with a liquid seal air spray system. b. Bonding Impact Resistant Rubber Lining To Metal: An adhesive and an adhesive-primer are exempt from Table 1 limits, but shall not have a VOC content of material exceeding 850 grams of VOC per liter (7.1 lb/gal), if such adhesive is used to bond sheets/strips of rubber to metal equipment so that such rubber sheathing directly contacts material received by the metal and so protects the metal. This exception does not apply to any other situations where adhesives are used to bond rubber to metal. 305.6 Exemption Of Coating Applicator Cleanup: A person is allowed to use solvent that has at 20° C (68° F) a total VOC vapor pressure above 35 mm Hg for cleaning coating-application equipment, but only if such application equipment does not use spray devices and the same principal solvent is used for cleaning as is used in the coating. 305.7 Low-Usage Allowance For Restricted Guns: A person may employ spray guns otherwise prohibited by Section 302 for use with coatings over 2 lb VOC /gal under the following limited conditions: a. If VOC emissions from the finishing application station, are captured and directed to an ECS complying with the provisions of Section 306. b. To coat the inside of pipes and tubes with a wand-style applicator. c. Using an airbrush or other small gun that has a reservoir capacity not exceeding 250 cc (8.8 fluid ounces) and is used solely for detailing, lettering, touchup, and/or repair. REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND ECS MONITORING EQUIPMENT: 306.1 ECS Control Efficiencies: To meet the requirements pursuant to subsection 301.2, subsection 305.3, or subsection 305.7, an ECS shall be operated as follows: a. Overall ECS Efficiency: Overall, the ECS shall prevent at least 85% of the mass of the VOC emitted by each coating or process so controlled from entering the atmosphere except as successfully controlled pursuant to the alternative in subsection 306.1c(2). 336.15 b. c. d. 306.2 306.3 Capture Efficiencies: (1) For an ECS used pursuant to subsection 301.2 and/or subsection 305.7, capture shall be at least 87%. (2) For an ECS used pursuant to subsection 305.3, capture shall be at least 90%. Control Efficiency Of The Emissions Processing Subsystem: (1) The emissions-processing subsystem of the ECS shall reduce the mass of VOC entering it by at least 90 percent; or (2) Alternative For Very Dilute Input: For VOC input-concentrations of less than 100 ppm (as carbon) at the inlet of the ECS emissionsprocessing subsystem, an ECS’ VOC processing subsystem also satisfies the processor efficiency requirements of this rule if: 3 (a) The VOC output is consistently less than 20 mg VOC/M (as carbon) adjusted to standard conditions; and (b) The ECS consistently shows an overall control efficiency of at least 85% when tested pursuant to subsection 503.3 at VOC input-concentrations exceeding 100 ppm (as carbon). Coating that exceeds the applicable VOC-limits in Table 1 shall be clearly identified such that coating-operators are informed an ECS must be used. Operation And Maintenance (O&M) Plan Required For ECS: a. An owner or operator shall provide and maintain (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this Rule 336 or to an air pollution control permit. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this Rule 336. c. The owner or operator shall comply with all the identified actions and schedules provided in each O&M Plan. Providing And Maintaining ECS Monitoring Devices: Any person incinerating, adsorbing, or otherwise processing VOC emissions pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in operation, devices described in the facility’s O&M Plan that indicate temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained. Records shall kept pursuant to Section 502 which demonstrate that the ECS meets the overall control standard required by subsection 306.1. 336.16 306.4 O&M Plan Responsibility: An owner or operator of a facility that is required to have an O&M Plan pursuant to subsection 306.2 must fully comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified otherwise by the Control Officer in writing. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: 401.1 401.2 401.3 By August 1, 1999: a. All new recordkeeping provisions shall be in effect, including subsections 501.1c and 501.2a. b. The intention to use an Emission Control System (ECS) shall be announced to the Control Officer in writing if: (1) The ECS is used as an alternative to meeting the spray-gun provisions of Section 302; or (2) The ECS is used as an alternative to meeting the gun cleaning machine provisions of Section 303. By November 1, 1999, the following shall be in continuing use: a. Spray guns required pursuant to Section 302; b. Cleaning-solvent(s) having the required vapor pressure pursuant to Section 303, and the data sheet(s) confirming the vapor pressure. By May 1, 2000, the ECS announced pursuant to subsection 401.1b shall be in continuing use. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any person subject to this rule shall comply with the following requirements of subsections 501.1 and 501.2 that apply to materials regulated by this Rule 336. Records shall be retained for 5 years and shall be made available to the Control Officer upon request. 501.1 Current Lists: a. Maintain a current list of coatings, adhesives, reducers, thinners, guncleaning materials, additives, and any other VOC-containing materials regulated by this rule; give the VOC content of material for each as received (before thinning). A complete, neat assemblage of this data meets the requirements for a list. Express VOC content in 1 of 3 forms: pounds VOC per gallon, grams VOC per liter, or the percent VOC by weight along with the specific gravity or density,(2 numbers are required). 336.17 b. c. Less Stringent Recordkeeping For Consistently Low Users: An operator of a facility that always uses less than 2 gallons per day total of thinner and coating (listed in Table 1), meets the listing and recording requirements of subsections 501.1a, 501.1c, and 501.2 if: (1) All purchase receipts/invoices of VOC-containing material that is regulated by this rule for the most recent 12 months are kept together; and (2) Current data sheets show the VOC content of material for every VOC-containing substance currently used that is regulated by this rule. Facilities That Are Not Small Surface-Coating Sources: Facilities that are not small surface-coating sources shall do the following: (1) Coatings: For all coatings (except those recorded under the subsection 305.4c low usage allowance), make the following listings for coatings and adhesives that have VOC limits in Table 1: (a) VOC Before Reducing: The VOC content of each coating as received, minus exempt compounds. (This figure is sometimes called the “EPA Method 24” VOC content on manufacturer’s data sheets). If the coating is a multi-part coating, list the VOC content which the manufacturer states the coating will have once you have mixed all the necessary parts together in the proportions specified by the manufacturer. (b) List Maximum VOC Content Of Coating As Applied: For each coating that you thin/reduce or add any additive to, record in a permanent log either of the following: (i) The maximum number of fluid ounces thinner/reducer that you ever add to a gallon of unreduced coating (or maximum g/liter), and the maximum fluid ounces of every other additive you mix into a gallon of the coating; or (ii) The VOC content of the coating, after adding the maximum amount of thinner/reducer and other additives that you would ever add, as determined by the formula in subsection 255.1. (2) Applicator Cleanup Solvent: Have a hardcopy of the VOC vapor pressure (VP) at 20°C (68°F) of solvent(s) used to clean spray guns, hoses, reservoirs, and any other coating application equipment. Any one of the following ways of providing the VP data is sufficient: (a) A current manufacturer’s technical data sheet; (b) A current manufacturer’s safety data sheet (MSDS); 336.18 501.2 501.3 502 (c) Actual test results; or (d) A letter signed by an official or lab manager of the supplying facility. Frequency Of Updating Usage Records: Update your records, showing the type and amount used of each VOC-containing coating or adhesive which is regulated by name or type in Table 1, and update each VOC-containing material, related to surface coating, that is not addressed by Table 1. This includes, but is not limited to, thinners, surfacers, and diluents. Maintain records according to the following schedule: a. Small Surface-Coating Sources: Small surface-coating sources shall update each month’s records of coating use by the end of the following month. b. All Other Sources: For a source that does not meet the definition of small surface-coating source: (1) Monthly: Monthly update records of each coating used that complies with the VOC limits in Table 1. Complete a month’s update by the end of the following month. (2) Daily: Daily update the usage of each coating that exceeds its limits in Table 1, including coating exempted by subsection 305.4c. Grouping By VOC Content: For purposes of recording usage, coatings and adhesives that are in the same category in Table 1, and have similar VOC content, may be recorded under a name that includes the category name. The highest VOC content among the members of that grouping shall be assigned to that grouping, rounded to the nearest 10th of a pound. To identify what products belong within each group, after each group name and the group’s VOC content of material must appear the name of each product in the group and its VOC content of material. For example: For flexible plastic parts, you use 20 gallons of primer that has 3.04 lb VOC/gal., 30 gallons of primer having 3.14 lb VOC/gal., and 40 gallons of primer having 2.89 lb VOC/gal. You may record usage as 90 gallons of flexible plastic primer containing 3.1 lb VOC/gal. If grams VOC per liter is used to record VOC content, round off to the nearest whole number of grams. ECS RECORDING REQUIREMENTS: 502.1 On each day an ECS is used at a facility pursuant to this rule, an owner or operator of the facility shall: a. Record the amount and VOC content of coating, the amount of catalyst/hardener, and the amounts of solvent, reducer, and diluent used that were subject to ECS control pursuant to this Rule 336; and 336.19 502.2. 503 b. Make a permanent record of the operating parameters of the key systems as required by the O&M Plan; and c. Make a permanent record of the maintenance actions taken, within 24 hours of the action’s completion, for each day or period in which the O&M Plan requires that maintenance be done. An explanation shall be entered for scheduled maintenance that is not performed during the period designated for it in the O&M Plan. COMPLIANCE DETERMINATION AND TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in the rule determined by any of the applicable test methods constitutes a violation of this rule. 503.1 Compliance Determination: The following means shall be used to determine compliance with this rule: a. Measurement of VOC content of materials subject to Section 301 or Section 302 of this rule shall be conducted and reported using one of the following means: (1) VOC content of coatings, solvents, and other substances having less than 5% solids will be determined by the test method in subsection 503.2f (BAAQMD Method 31 [April 15, 1992]) or 503.2g (SCAQMD Method 313-91 [April 1997]). (2) The VOC content of coatings or other materials having 5% or more solids will be determined by the test method in subsection 503.2c (EPA Method 24), 503.2f (BAAQMD Method 31 [April 15, 1992]) or 503.2g (SCAQMD Method 313-91 [April 1997]). (a) Plastisols, powder coatings, and radiation-cured coatings shall be cured according to the procedures actually used in the coating process being tested before final VOC-emission determinations are made. (b) In the case of multi-component, polymerizing coatings tested according to 503.1a, Method 24 shall be modified to eliminate the post-mixing dilution-step (that employs toluene or other solvent). Instead, the mixture shall be spread by appropriate technique to form a thin layer, occupying the entire bottom of the foil pan. Techniques included in the method referenced in 503.1b can be used as a guide for such spreading. b. The VOC content of gaseous emissions entering and exiting an ECS shall be determined by either EPA Method 18 referred to in subsection 503.2b, or EPA Method 25 and its submethod, referred to in subsection 503.2d. c. Capture efficiency of an ECS shall be determined either by the methods in 503.2e (EPA Method 204 and its submethods), or by using mass balance 336.20 calculation methods in concert with the methods in 503.2a (EPA Methods 2, 2a, 2c, and 2d). 503.2 d. Measurement of air pressure at the center of the spray gun tip and air horns of an air-atomizing spray gun (reference subsection 302.1 and Section 225) shall be performed using an attachable device in proper working order supplied by the gun's manufacturer for performing such a measurement. e. Temperature measurements shall be done with an instrument with an accuracy and precision of less than one-half degree Fahrenheit (0.25°C) for temperatures up to 480°F (250°C). Test Methods Adopted By Reference: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 1998), as listed below, are adopted by reference. The other test methods listed here are also adopted by reference, each having paired with it a specific date that identifies the particular version/revision of the method that is adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section 503 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. a. EPA Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2a (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2c (“Determination of Stack Gas Velocity and Volumetric Flow rate in Small Stacks or Ducts”), and 2d (“Measurement of Gas volumetric Flow Rates in Small Pipes and Ducts”). All 4 of the foregoing methods are in 40 CFR 60, Appendix A. b. EPA Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) and its submethods (40 CFR 60, Appendix A). c. EPA Test Method 24 (“Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings”) (40 CFR 60, Appendix A). d. EPA Method 25 (“Determination of Total Gaseous Nonmethane Organic Emissions as Carbon”) and its submethods (40 CFR 60, Appendix A). e. EPA Test Methods 204 (“Criteria For and Verification Of a Permanent or Temporary Total Enclosure”), 204a, 204b, 204c, 204d, 204e, and 204f (Appendix M, 40 CFR 51). f. California’s Bay Area Air Quality Management District (BAAQMD) Method 31 (April 15, 1992), “Determination of Volatile Organic Compounds in Paint Strippers, Solvent Cleaners, and Low Solids Coatings.” g. California’s South Coast Air Quality Management District (SCAQMD) Method 313-91 (April 1997). 336.21 503.3 504 Test Methods For ECS: For coatings/adhesives controlled pursuant to subsection 302.1 or subsection 305.3: a. Measurements of VOC emissions from an ECS shall be conducted in accordance with EPA Methods 18 or its submethods, or by Method 25 or its submethods (40 CFR 60, Appendix A). b. Capture efficiency of an ECS shall be determined by mass balance in combination with ventilation/draft rate determinations done in accordance with subsection 503.3c or with US EPA Test Methods 204, 204a, 204b, 204c, 204d, 204e, and 204f (Appendix M, 40 CFR 51). c. Ventilation/draft rates shall be determined by EPA Methods 2, 2a, 2c, and 2d (40 CFR 60, Appendix A). FORMULA FOR TOTAL VOC VAPOR PRESSURE: Equivalent to: VOC COMPOSITE PARTIAL PRESSURE. Reference subsection 303.2 n PPc = ∑ (Wi )(VPi ) MWi i =1 n W Ww m Wej +∑ +∑ i 18 i =1 MWej i =1 MWi Wi Ww Wej = Weight of the “i”th VOC compound in grams = Weight of water in grams = Weight of the “j”th non-precursor compound in grams MWi = MWej = Molecular weight of the “i”th VOC compound in grams per gram mole, e.g., one gram-mole of isopropyl alcohol weighs 60 grams Molecular weight of the “j”th non-precursor compound, = e.g., 1 gram-mole of acetone weighs 58 grams VOC composite partial pressure at 20°C in mm mercury (Hg) = = Vapor pressure of the “i”th VOC compound at 20°C in mm Hg Weight of one gram-mole of water PPc VPi 18 336.22 Return to Table of Contents Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 337 GRAPHIC ARTS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 – DEFINITIONS 201 ADHESIVE 202 ALCOHOL 203 ALCOHOL SUBSTITUTE 204 BATCH 205 CIRCUITRY PRINTING 206 CLEANING SOLUTION 207 DIGITAL PRINTING 208 EMISSION CONTROL SYSTEM (ECS) 209 EXTREME PERFORMANCE 210 FLEXOGRAPHIC PRINTING 211 FOUNTAIN SOLUTION 212 GRAPHIC ARTS 213 GRAPHIC ARTS COATING 214 GRAPHIC ARTS OPERATION 215 GRAPHIC ARTS MATERIAL 216 GRAVURE PRINTING 217 HEATSET 218 LETTERPRESS PRINTING 219 LITHOGRAPHIC PRINTING 220 NON-HEATSET 221 NON-POROUS SUBSTRATE 222 OFFSET LITHOGRAPHIC PRINTING 337–1 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 223 OVERALL CONTROL EFFICIENCY 224 POROUS SUBSTRATE 225 PRINTING 226 PRINTING INK 227 RADIATION-CURED INKS AND COATINGS 228 SCREEN PRINTING 229 SHEET-FED 230 SOLVENT 231 SPECIAL PURPOSE COATING 232 VAPOR PRESSURE 233 VOC COMPOSITE VAPOR PRESSURE 234 VOC-CONTAINING MATERIAL 235 WEB SECTION 300 – STANDARDS 301 MANUFACTURERS AND SUPPLIERS 302 LITHOGRAPHIC AND LETTERPRESS OPERATIONS 303 ROTOGRAVURE AND FLEXOGRAPHIC OPERATIONS 304 SCREEN PRINTING OPERATIONS 305 OTHER GRAPHIC ARTS OPERATIONS NOT COVERED BY SECTIONS 302, 303 AND 304 OF THIS RULE 306 WORK PRACTICES – STORAGE, HANDLING AND DISPOSAL OF VOCCONTAINING MATERIAL 307 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM (ECS) SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 – MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES 502 RECORDKEEPING AND REPORTING 503 COMPLIANCE DETERMINATION – TEST METHODS 337–2 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. Adopted 04/06/92 Revised 04/03/96 Revised 11/20/96 Revised 01/12/11 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 337 GRAPHIC ARTS SECTION 100 – GENERAL 101 PURPOSE: To limit the emissions of volatile organic compounds (VOCs) to the ambient air from graphic arts operations. 102 APPLICABILITY: This rule applies to all VOC-containing materials associated with graphic arts operations. This includes, but is not limited to the prepress and press operations; and the cleaning materials and processes associated with such operations. 103 EXEMPTIONS: 103.1 Total Categorical Exemptions: This rule does not apply to the following operations: a. Circuitry printing and other associated printing performed for labeling, logo, or identification purposes on a printed circuit, its substrate, its immediate covering, or its immediate encapsulant by a circuitry printer. b. Coating applications that are not performed in association with a printing operation and that are considered coating operations are not graphic arts printing operations. c. Printing conducted on office and personal printers such as ink jet, bubble jet, and laser printers. 103.2 Partial Exemptions: For the purpose of determining exemptions, the following substrate retention factors shall be applied: 20% retention of the VOC content of heatset inks and 95% retention of the VOC content of non-heatset inks. The following are exempt from the VOC limitations of this rule but shall comply with the work practices listed in Section 306 of this rule and the recordkeeping requirements in Section 502.5 of this rule: 337–3 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. a. The total emissions from graphic arts operations, including surface preparation and cleanup solvent, does not exceed a threshold limit of 225 pounds (100 kg) of VOC per month before controls. b. Any radiation-cured inks and coatings. c. Any digital printing operation. d. Sections 302.1, 303.1, 304.1 and 305.1(a) of this rule do not apply to any graphic arts operation which emits less than the threshold amounts of 25 tons (22,680 kg) per calendar year and 4,200 pounds (1,909 kg) per month of VOC from all graphic arts and related coating operations prior to control. Except as otherwise directed by air pollution permit, any graphic arts operation that becomes subject to the provisions of Section 302.1 of this rule by exceeding either the monthly or yearly threshold amount shall remain subject to these provisions even if monthly or annual emissions later fall below the thresholds. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence. 201 ADHESIVE – A material applied for the primary purpose of bonding two surfaces together by surface attachments. Adhesives may be used to facilitate the attachment of two surfaces or substances in varying degrees of permanence. 202 ALCOHOL – A volatile organic compound – such as isopropanol, normal-propanol, or ethanol – of alkane structure consisting of fewer than six carbon atoms and having a single OH– (hydroxyl) group and no other non-alkane attachments. 203 ALCOHOL SUBSTITUTE – A wetting agent, used to replace some or all of the alcohol in fountain solutions, and usually containing volatile organic compounds such as glycols and glycol ethers. 204 BATCH – A supply of fountain solution or cleaning solution that is prepared and used without alteration until completely used or removed from the printing process. For the purpose of this rule, this term may apply to solutions prepared in either discrete solutions or solutions that are continuously blended with automatic mixing units. 205 CIRCUITRY PRINTING – Any graphic arts operation which either uses ink(s) with specific electrical properties to print an electrical circuit, or prints a circuit pattern that is made into an electrical circuit through further processing. 206 CLEANING SOLUTION – Any liquid, including automatic blanket and roller wash system or manual blanket wash and roller wash, used to remove ink and debris from the operating surfaces of a printing press or from any of the attached parts of a press. 337–4 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 207 208 209 DIGITAL PRINTING – A method of printing that does not use a physical master, stencils or plates but uses an electronic output device to transfer variable data, in the form of an image, from a computer to a variety of substrates. Digital printing methods include, but are not limited to, inkjet printing, electrophotographic printing, dye sublimation printing, thermal wax printing and solid ink printing. EMISSION CONTROL SYSTEM (ECS) – A system for reducing emissions of organic compounds, consisting of both collection and control devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. EXTREME PERFORMANCE – An ink or coating used in screen printing on a nonporous substrate that is designed to resist or withstand any of the following: 209.1 More than two years of outdoor exposure; or 209.2 Exposure to industrial-grade chemicals, solvents, acids, detergents, oil products, cosmetics, temperatures exceeding 170 °F, vacuum-forming, embossing or molding. 210 FLEXOGRAPHIC PRINTING – The application of words, designs or pictures by rollprinting technique in which the image-carrying surface is raised above the surface of the printing roll and the image carrier is made of flexible rubber or other elastomeric material. The image is transferred to the substrate through first applying ink to a smooth roller which in turn transfers the ink onto the raised pattern of the rubber or elastomeric image carrier fastened around a second roller, which then transfers the ink onto the substrate. 211 FOUNTAIN SOLUTION – The solution applied to the image plate to maintain the hydrophilic properties of the non-image areas, and to keep the non-image areas free from ink. 212 GRAPHIC ARTS – All printing processes including but not limited to digital, screen, gravure, letterpress, flexographic and lithographic printing processes, including related coating and laminating processes. 213 GRAPHIC ARTS COATING – A relatively unbroken layer of material applied onto or impregnated into a substrate. A material applied after the application of inks to the substrate that serves to enhance or protect the printed substrate and includes graphic arts varnish, water-based, or radiation-cured formulation of resins, solvents, cosolvents and other additives. Equipment capable of both coating and printing is considered a printing operation for this rule. Coating applications that are not performed in association with a printing operation are considered coating operations and are not graphic arts printing operations. 214 GRAPHIC ARTS OPERATION – All the graphic arts processes and activities which are located on one or more contiguous or adjacent properties and are under the control of the same person (or persons under common control). 337–5 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 215 GRAPHIC ARTS MATERIAL – Any ink, varnish, coating or adhesive, including added thinner or retarder, used in printing or related coating or laminating processes. 216 GRAVURE PRINTING – An intaglio process in which the ink is carried in minute, etched, or engraved wells on a roll or cylinder. Images are transferred onto a substrate through first applying ink to the etched roll or cylinder, wiping the lands between the cells free of ink with a doctor blade, and rolling the cylinder over the substrate so that the surface of the substrate is pressed into the cells, transferring the ink onto the substrate. 217 HEATSET – A lithographic web printing process where heat is used to evaporate ink oils from the printing ink. 218 LETTERPRESS PRINTING – A method in which the image area is raised relative to the non-image area and the ink is transferred to the paper directly from the image surface. 219 LITHOGRAPHIC PRINTING – A planographic method of printing where the image and non-image areas of the printing plate are chemically differentiated; the image area is oil-receptive and the non-image area is water-receptive. This method differs from other printing methods, where the image is on a raised or recessed surface. 220 NON-HEATSET – A lithographic printing process where the printing inks are set by absorption or oxidation of the ink oils. For the purpose of this rule, use of an infrared heater or printing conducted using radiation-cured inks is considered non-heatset. 221 NON-POROUS SUBSTRATE – Any substrate whose surface prevents penetration by water. 222 OFFSET LITHOGRAPHIC PRINTING – A planographic method of printing in which the image and non-image areas are on the same plane and the ink is transferred from a plate to an intermediary surface, typically a rubber blanket, which in turn transfers the image to the substrate. Offset lithographic printing includes the application of overprint coatings. 223 OVERALL CONTROL EFFICIENCY – The overall control efficiency of an ECS is determined by multiplying the ECS efficiency by the destruction efficiency of the control device expressed as a percentage. 224 POROUS SUBSTRATE – A substrate whose surface does not prevent penetration by water. 225 PRINTING – An operation that imparts color, design, pattern, alphabet or numerals onto a substrate. It differs from coating in that its principal intent is to accomplish such visual/spatial outcome(s) rather than for other purposes commonly accomplished by using coatings. 337–6 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 226 PRINTING INK – A fluid or viscous formulation used in printing, impressing or transferring an image onto a substrate. 227 RADIATION-CURED INKS AND COATINGS – A printing ink or graphic arts coating that dries by polymerization reaction by ultraviolet or electron beam radiation. 228 SCREEN PRINTING – A process of passing printing ink through a screen (a taut web or fabric) to make an imprint on a substrate. A refined form of stencil has been applied to the screen such that the stencil openings determine the form and dimensions of the imprint. 229 SHEET-FED – A lithographic printing process in which individual sheets of substrate are fed to the press sequentially. 230 SOLVENT – Organic compounds that are used as diluents, thinners, dissolvers, viscosity reducers, cleaning agents or for a similar purpose. 231 SPECIAL PURPOSE – Printing or coating on polyethylene, polyester and foil substrates for food packaging, health care products, fertilizer bags, or liquid-tight containers. 232 VAPOR PRESSURE – The pressure exerted at a uniform temperature by the gas of a substance when the gas is in equilibrium with the liquid (or solid) phase of that substance. 233 VOC VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) –The sum of the partial pressures of the compounds defined as VOCs, calculated according to the formula in Section 503.4 of this rule. 234 VOC-CONTAINING MATERIAL – Any chemical or item that contains an organic compound that participates in atmospheric photochemical reactions, except the nonprecursor organic compounds. This includes but is not limited to rags, waste coatings, waste brushes, waste rollers, waste applicators, waste solvents, and their residues are used in the surface preparation, cleanup, or removal of inks and surface coatings associated with graphic arts operations. 235 WEB – A continuous substrate capable of being rolled at any point during the coating process. SECTION 300 – STANDARDS 301 MANUFACTURERS AND SUPPLIERS: A person selling, offering for sale, supplying for use, or manufacturing for sale within Maricopa County any VOC-containing material for use in graphic arts operations shall provide a material safety data sheet (MSDS) or product data sheet showing the material name, manufacturer's name, specific mixing instructions (if applicable) and VOC content as supplied. The VOC content requirement does not apply to radiation-cured inks and coatings. 337–7 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 302 LITHOGRAPHIC AND LETTERPRESS OPERATIONS: VOC emissions from all lithographic and letterpress operations are limited to the following: 302.1 Materials: An owner or operator of a lithographic press or letterpress shall limit VOC emissions from inks, varnishes, coatings, or adhesives, as applied, to less than 2.5 pounds per gallon (300 grams per liter), less water and non-precursor organic compound unless VOC emissions are controlled by an ECS as described in Section 302.4 of this rule and by following the work practices described in Section 306 of this rule. 302.2 Fountain Solution VOC Limits: An owner or operator of a lithographic printing press shall limit the combined total volume of alcohol, alcohol substitute, and any other VOC in each fountain solution source to the percentages specified in Table 337–1. Table 337–1. VOC Limits by Percent by Weight (as Applied) for Fountain Solutions for Lithographic Printing. Fountain Solutions Fountain Containing Alcohol Solutions ConFountain Solutions Refrigerated at or taining Alcohol Containing Alcohol Below 60 °F (15.5 °C) Substitutes Current: Current: 5.0 % 8.5 % Heatset Web 5% Effective Jan. 12, 2012: Effective Jan. 12, 2012: 1.6 % 3.0% Sheet-Fed 5% 8.5% 5% Cold-Set Web None None 5% 302.3 Cleaning Solutions: An owner or operator of a lithographic printing press or letterpress shall reduce VOC emissions from cleaning solutions by following the work practices described in Section 306 of this rule and one of the following: a. Use cleaning materials with a VOC composite vapor pressure less than 10 mm Hg at 20 °C; or b. Use cleaning materials containing less than 70 weight percent VOC. 302.4 Emission Control System (ECS): a. The VOC material limits of Section 302.1 of this rule do not apply when emissions of VOC to the atmosphere from the lithographic or letterpress printing operations are controlled by an ECS that meets one of the requirements listed in Table 337–2; and 337–8 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. b. The dryer pressure shall be maintained lower than the press room air pressure such that air flows into the dryer at all times when the press is operating. Table 337–2. ECS Control Efficiencies for Lithographic and Letterpress Printing Operations. ECS Installation Date Control Efficiency ECS installed prior to 90 percent by weight control efficiency for January 12, 2011 VOC emissions from the dryer exhaust vent. ECS installed on or after 95 percent by weight control efficiency for January 12, 2011 VOC emissions from the dryer exhaust vent Any installation date Maintain VOC emissions from the dryer exhaust vent at a concentration at or below 20 ppmv as hexane on a dry basis 302.5 Operation and Maintenance (O&M) Plan: The owner or operator of an ECS used to meet the requirements of this rule shall comply with the requirements in Section 307 of this rule. 303 ROTOGRAVURE AND FLEXOGRAPHIC OPERATIONS: 303.1 Inks, Coatings and Adhesives: The owner or operator of rotogravure or flexographic press shall limit VOC emissions from inks, coatings, and adhesives as listed in Table 337–3 or by an ECS as described in Section 303.3 of this rule and by following the work practices described in Section 306 of this rule. Table 337–3. VOC Limits for Materials Used in Rotogravure and Flexographic Operations. VOC Content Limit less water and non-precursor organic compounds Graphic Arts Material lbs/gal grams/liter Ink 2.5 300 Flexographic Ink Porous Substrate: 2.5 300 Effective January 12, 2012: Flexographic Ink Non-Porous Substrate Coating Adhesive: Effective January 12, 2012: 1.9 225 2.5 2.5 2.5 1.25 300 300 300 150 303.2 Cleaning Solutions: An owner or operator of a rotogravure or flexographic press shall reduce VOC emissions from cleaning solutions by following the work practices as described in Section 306 of this rule. 337–9 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 303.3 Emission Control System (ECS): The limits of Section 303.1 of this rule do not apply when emissions of VOC to the atmosphere from the rotogravure or flexographic printing operations are controlled by an ECS that meets either: a. One of the requirements listed in Table 337–4, or b. Reduces the VOC emissions from the dryer exhaust vent by at least 90 percent by weight, and an overall capture and control efficiency of at least 65 percent by weight; and c. Maintains the dryer pressure lower than the press room air pressure such that air flows into the dryer at all times when the press is operating. Table 337–4. ECS Efficiencies for Rotogravure and Flexographic Printing Operations. Overall Capture Press and ECS and Control Capture Control Installation Dates Efficiency Efficiency Efficiency Press installed prior to March 14, 1995 and controlled by an 65 % 75 % 90 % add-on ECS installed prior to January 12, 2011 Press installed prior to March 14, 1995 and controlled by an 70 % 75 % 95 % add-on ECS installed on or after January 12, 2011 Press installed on or after March 14, 1995 and controlled 75 % 85 % 90 % by an add-on ECS whose first installation date was prior to January 12, 2011 Press installed on or after March 14, 1995 and controlled 80 % 85 % 95 % by an add-on ECS whose first installation date was on or after January 12, 2011 303.4 Operation and Maintenance (O&M) Plan: The owner or operator of an ECS used to meet the requirements of this rule shall comply with the requirements in Section 307 of this rule. 304 SCREEN PRINTING OPERATIONS: 304.1 An owner or operator of a screen printing operation shall limit the VOC emissions from screen printing inks, coatings and adhesives as listed in Table 337–5 or by an ECS as described in Section 304.3 of this rule and by following the work practices described in Section 306 of this rule. 337–10 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. Table 337–5. VOC Content Limits for Screen Printing Inks, Coatings, and Adhesives. Pounds of VOC per gallon (grams/liter) less water and non-precursor organic compounds Material lbs/gal grams/liter Inks and Coatings 3.3 400 Adhesives 1.25 150 Special Purpose, Extreme Performance 6.7 800 304.2 Cleaning Solutions: An owner or operator of a screen printing press shall reduce VOC emissions from cleaning solutions by following the work practices as described in Section 306 of this rule. 304.3 Emission Control System (ECS): a. The VOC material limits of Section 304.1 of this rule do not apply when emissions of VOC to the atmosphere from the lithographic or letterpress printing operations are controlled by an ECS that meets one of the requirements listed in Table 337–4; and b. The dryer pressure shall be maintained lower than the press room air pressure such that air flows into the dryer at all times when the press is operating. 304.4 Operation and Maintenance (O&M) Plan: The owner or operator of an ECS used to meet the requirements of this rule shall comply with the requirements in Section 307 of this rule. 305 OTHER GRAPHIC ARTS OPERATIONS NOT COVERED BY SECTIONS 302, 303, AND 304 OF THIS RULE: 305.1 Limits of VOC Emissions: Any graphics arts operation which emits 25 tons per calendar year and 4200 pounds per month of VOC from all graphic arts and related coating operations shall: a. Limit the VOC content as applied of any inks, varnishes, coatings, or adhesives to a maximum of 2.5 pounds per gallon (300 grams per liter), less water and non-precursor organic compounds; or b. install, operate and maintain an ECS that meets either: (1) one of the requirements listed in Table 337–4; or (2) reduces the VOC emissions from the dryer exhaust vent by at least 90 percent by weight, and an overall capture and control efficiency of at least 65 percent by weight; and: 337–11 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. (3) Maintain the dryer pressure lower than the press room air pressure such that air flows into the dryer at all times when the press is operating. 305.2 Cleaning Solutions: An owner or operator of a graphic arts printing press shall reduce VOC emissions from cleaning solutions by following the work practices as described in Section 306 of this rule. 305.3 Operation and Maintenance (O&M) Plan: The owner or operator of an ECS used to meet the requirements of this rule shall comply with the requirements in Section 307 of this rule. 306 WORK PRACTICES – STORAGE, HANDLING AND DISPOSAL OF VOCCONTAINING MATERIAL: For the purpose of this rule, “in use” is the active application of contents to a substrate by pouring, siphoning, brushing, rolling, padding, wiping or other methods. For the purpose of this rule, “containers” include but are not limited to drums, buckets, cans, pails, and trays. An owner or operator of any graphic arts printing operation shall store, handle, and dispose of VOCs or VOC-containing material in a way to prevent the evaporation of VOCs to the atmosphere. Work practices limiting VOC emissions include but are not limited to the following: 306.1 Labeling of Containers: All containers that are 1 gallon or larger used for collection of VOC-containing material shall be clearly identified with their contents. 306.2 Use of VOC-Containing Materials: An owner or operator shall not leave containers of ink, coating, adhesive or fountain solution or any other VOCcontaining material open when not in use. 306.3 Storage and Disposal: An owner or operator shall not use open containers for the storage or disposal of VOC-containing materials. 306.4 Spills: An owner or operator shall implement procedures to minimize spills of any VOC-containing material during handling and transfer to and from containers, enclosed systems, waste receptacles and other equipment. 306.5 Conveyance of VOC-Containing Materials: All VOC-containing materials including VOC-containing cleaning materials shall be conveyed from one location to another in labeled, closed containers or pipes. 307 OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEMS (ECS): An owner, operator, or person subject to this rule must provide, properly install and maintain in calibration, in good working order, and in operation air pollution control equipment required by this rule. 337–12 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 307.1 An owner, operator, or person subject to this rule must provide and maintain readily available on-site at all times (an) O&M Plan(s) for any ECS and any ECS monitoring devices that are used under this rule or an air pollution control permit. 307.2 An owner, operator, or person subject to this rule must submit to the Control Officer for review every O&M Plan(s) for any ECS including any ECS monitoring device that is used under this rule or required under an air pollution control permit. 307.3 An owner, operator, or person subject to this rule operating an ECS must install, maintain, and accurately calibrate monitoring devices described in the O&M Plan(s) including, but not limited to, monitoring devices that measure pressure differentials and other operating conditions necessary to determine if control devices are functioning properly. 307.4 An owner, operator, or person, who is required to have an O&M Plan for any ECS including any ECS monitoring devices must fully comply with all elements of an O&M Plan(s) including, but not limited to, every action, schedule, and condition identified in each O&M Plan. 307.5 An O&M Plan for any ECS including any ECS monitoring devices must include all of the following information: a. ECS equipment manufacturer, b. ECS equipment model, c. ECS equipment identification number or identifier that owner, operator, or person subject to this rule assigns to such ECS equipment when manufacturer’s equipment identification number is unknown, and d. Information required by Section 502.4 of this rule. (This is the recordkeeping section of the rule.) 307.6 The owner, operator, or person subject to this rule, who receives a written notice from the Control Officer that the O&M Plan is deficient or inadequate, must make written revisions to the O&M Plan for any ECS including any ECS monitoring devices and must submit such revised O&M Plan to the Control Officer within five working days of receipt of the Control Officer’s written notice, unless such time period is extended by the Control Officer, upon written request, for good cause. During the time that such owner, operator, or person subject to this rule is preparing revisions to the O&M Plan, such owner, operator, or person must still comply with all requirements of this rule. 337–13 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: An owner or operator who chooses to, or is required to comply with the new emission limits by installing or increasing the efficiency of an ECS under Section 302.4, 303.3, 304.3, or 305.1 of this rule, shall meet the following milestones: 401.1 Submit a compliance plan, by April 12, 2011 or within three (3) months of becoming subject to the rule, to the Control Officer for approval which describes the method(s) used to achieve full compliance with the rule. The compliance plan shall specify dates for completing increments of progress, such as the contractual arrival date of new control equipment. The Control Officer may require an owner or operator submitting the compliance plan to also submit subsequent reports on progress in achieving compliance; and 401.2 Attain full compliance with all of the standards in this rule by January 12, 2012, or within twelve (12) months of becoming subject to the rule. SECTION 500 – MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: 501.1 ECS Monitoring Device(s): An owner or operator of an ECS pursuant to this rule shall install, maintain, and calibrate monitoring devices described in an O&M Plan. The monitoring devices shall measure temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly. Each ECS that is operated in compliance with this rule shall be equipped with monitoring device(s) capable of demonstrating that the ECS is operating in a manner that assures compliance with this rule. The monitoring device(s) shall be installed, calibrated, maintained, and operated according to their manufacturers’ instructions and the O&M Plan. 501.2 Monitoring Fountain Solution: a. An owner or operator of any graphic arts operation shall determine the VOC concentration of each fountain solution source containing any alcohol with a refractometer, a hydrometer, or conductivity meter. The instrument shall: (1) have a visual readout (analog or digital) with an accuracy of ±2 percent of the instrument’s full scale, or ±0.5 percent absolute (such as for meter readings given in percent); and (2) be installed, calibrated, maintained, and operated according to the manufacturer’s instructions and the O&M Plan. 337–14 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. b. The temperature of a refrigerated fountain solution shall be determined by the use of a temperature monitoring device. Each temperature monitoring device used for the purpose of this section, shall be calibrated and accurate to ±0.5 °F. 502 RECORDKEEPING AND REPORTING: An owner, operator or person subject to this rule shall comply with the recordkeeping and reporting requirements of this section. Records can consist of but are not limited to purchase orders, invoices, receipts, usage records, MSDS, and hazardous wastes manifests. Any records required by this rule shall be retained for five (5) years and be made available to the Control Officer upon request. Records may be kept in either electronic or paper format. 502.1 Current Materials List: The owner or operator of a graphic arts operation shall maintain a current list of inks, coatings, adhesives, fountain-solution alcohol(s) and alcohol substitutes, thinners, cleaners, and any other VOC-containing materials used that includes at a minimum: a. Material Name: Record the name/code/manufacturer and the appropriate material type category of inks, coatings, adhesives, fountain-solution alcohol(s) and alcohol substitutes, thinners, cleaning solutions, and any other VOC-containing materials used in the graphic arts processes; and b. VOC Content: The VOC content of each material listed as pounds of VOC per gallon or grams of VOC per liter; and c. Product Data Sheet: Specific mixing instructions and the VOC content as applied for products requiring dilution. d. VOC Vapor Pressure: For each cleaning solution, list the VOC composite vapor pressure (VP) at 20 °C (68°F) by providing one of the following: (1) A current manufacturer’s technical data sheet listing vapor pressure; or (2) A current manufacturer’s safety data sheet (MSDS) listing vapor pressure; or (3) Actual vapor pressure test results. 502.2 Usage Records of Graphic Arts Materials and Cleaning Solutions: The owner or operator shall update records showing the type and amount consumed of each graphic-arts ink, varnish, coating, adhesive, fountain solution, blanket wash, and all other cleaning solutions according to one of the following schedules: a. Daily Material Usage Records for Sources Emitting 25 Tons or More: Daily, an owner or operator of a graphic arts facility shall update usage records of materials specified in Section 502.2 of this rule if facility-wide such 337–15 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. facility uses noncompliant coating in conjunction with an emissions control system; or b. Monthly Material Usage Records for Sources Emitting 25 Tons or More: Monthly, an owner or operator of a graphic arts facility shall update usage records of materials specified in Section 502.2 of this rule if facility wide such facility emits 25 tons or more of VOC emissions per calendar year or 4200 pounds or more of VOC emissions per month from all graphic arts and related coating operations prior to any control and: (1) The facility uses materials complying with the limits in Sections 302, 303, 304 or 305 of this rule; and (2) Each material served by a control device is identified as such. c. Monthly Material Usage Records for Sources Emitting Less Than 25 Tons: Monthly an owner or operator of a graphic arts facility shall update the usage records of materials specified in Section 502.2 of this rule, if facilitywide, such facility emits less than 25 tons of VOC emissions per calendar year or less than 4200 pounds of VOC emissions per month from all graphic arts and related coating operations prior to any control. 502.3 Fountain Solutions: a. Alcohol-Containing Fountain Solutions: (1) Daily: An owner or operator shall record the temperature of the refrigerated alcohol solution. (2) Weekly: An owner or operator shall: (a) record the percentage of VOC for each different batch of fountain solution containing alcohol; and (3) Maintain a weekly record of the names and the most current mixing ratio for each different batch of all alcohol, alcohol-substitutes, and water used in making each fountain solution for that source. b. Fountain Solutions Containing Alcohol Substitutes: (1) Monthly: An owner or operator shall record the mixing ratio of all alcohol-substitutes to water, for each fountain solution source on a press which never uses alcohol; and: (2) Maintain a current list of the names of all fountain solutions containing alcohol-substitutes. 337–16 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. 502.4 ECS Recordkeeping Requirements: The owner or operator of the facility shall document the installation, maintenance, and calibration of ECS monitoring devices described in an O&M Plan in the following manner: a. Initial Installation: Make a permanent record of the date of installation of the ECS. b. Daily: Make a permanent record of the operating parameters of the key systems as required by the O&M Plan. If the ECS was not operational at any time during the day, record this fact in the permanent record; and c. Within 24 hours of a completed scheduled routine maintenance, make a permanent record of the maintenance actions taken for each day or period in which the O&M Plan requires that maintenance be done; or d. Enter an explanation for scheduled maintenance that is not performed during the period designated for it in the O&M Plan. 502.5 Facilities Claiming an Exemption: The owner or operator claiming an exemption under Section 103 of this rule shall document the quantity of VOC materials used and keep sufficient records of the basis of such calculations to justify the exemption status. 503 COMPLIANCE DETERMINATION – TEST METHODS: An exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. The EPA and the American Society for Testing and Materials (ASTM) test methods and other documents as they exist in the Code of Federal Regulations (CFR) as listed below, are adopted and incorporated by reference in Appendix G of the Maricopa County Air Pollution Control Regulations. These documents are available Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ 85004; or by calling (602) 506-0169 for information. 503.1 VOC Content of Materials: a. The VOC content of graphic arts materials regulated by Sections 302, 303, 304 or 305 of this rule shall be determined using one of the following: (1) EPA Reference Method 24 – Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 40 CFR 60, Appendix A; or (2) EPA Reference Method 24A – Determination of Volatile Matter Content and Density of Publication Rotogravure Inks and Related Publication Rotogravure Coatings, 40 CFR 60, Appendix A; or (3) A material safety data sheet (MSDS) or product data sheet showing the material name and VOC content as applied. 337–17 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. b. Calculation of the VOC content of fountain solutions shall place the entire volume of the sample in the denominator, e.g., including water, alcohol, nonprecursors, and all other solutes, such that the entire volume of the sample is included in the calculations. c. Any hydrometer used for the purpose of this section shall be accurate within ±2 percent of the meter’s full scale, or ±0.5 percent absolute (such as for meter readings given in percent) and be calibrated using one of the following methods: (1) ASTM E100 – 05 Standard Specification for ASTM Hydrometers (2) ASTM E126 – 05a Standard Test Method for Inspection, Calibration, and Verification of ASTM Hydrometers. (3) A standard solution for the type of alcohol used in the fountain solution. The department is defining a standard solution as any solution that has a precisely known concentration. 503.2 Determining the Temperature of a Refrigerated Fountain Solution: The temperature of a refrigerated fountain solution shall be determined by the use of a temperature control device. Each temperature control device used for the purpose of this section, shall be accurate to ±0.5 °F and calibrated by one of the following methods: a. ASTM requirements (ASTM E1-07 Standard Specification for ASTM Liquidin-Glass Thermometers); or b. National Institute of Standards and Technology (NIST) traceable calibration certificate; or c. Manufacturer’s recommended method of calibration. 503.3 Emission Testing: a. Capture and control efficiency of an emissions control device shall be determined according to: (1) “Guidelines for Determining Capture Efficiency”, January 9, 1995, Candace Sorrell, Source Characterization Group A, Office of Air Quality Planning and Standards, US EPA. (2) EPA Reference Method 204 – Criteria for and Verification of a Permanent or Temporary Total Enclosure, 40 CFR 51, Appendix M; or applicable Subparts 204A, 204B, 204C or 204D. 337–18 Corrected document posted on February 3, 2011, in order to match the text of the rule approved by Board of Supervisors on January 12, 2011. (3) EPA Reference Method 18 – Measurement of Gaseous Organic Compound Emissions by Gas Chromatography, 40 CFR 60, Appendix A. (4) EPA Reference Method 25 – Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, 40 CFR 60, Appendix A; or applicable Subparts 25A or 25B. 503.4 Vapor Pressure: The total composite partial vapor pressure of all VOCs in a solution shall be determined by one of the following methods: a. ASTM D2879-97(2007) Standard Test Method for Vapor PressureTemperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope; or b. Calculations using certified data from a laboratory or manufacturer revealing the exact formulation; or c. Calculating VOC composite partial vapor pressure as follows: PPc = where: Wi = Ww = Wc = MWi = MWw = MWc = PPc = VPi = n ∑ i =1 (Wi )(VPi ) / MWi n Ww Wc Wi + +∑ MWw MWc i =1 MWi Weight of the “i”th VOC compound, in grams Weight of water, in grams Weight of exempt compound, in grams Molecular weight of the “i”th VOC compound, in g/g-mol Molecular weight of water, in g/g-mol Molecular weight of exempt compound, in g/g-mol VOC composite partial vapor pressure at 20°C (68°F), in mm Hg Vapor pressure of the “i”th VOC compound at 20 °C (68°F), in mm Hg d. A material safety data sheet (MSDS) or product data sheet showing the material name and VOC vapor pressure. 337–19 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 338 SEMICONDUCTOR MANUFACTURING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ACCEPTABLE TRACE VOC EMISSION 202 EMISSION CONTROL SYSTEM (ECS) 203 EXCEPTED CORROSIVE VOC 204 EXEMPT COMPOUNDS 205 FREEBOARD HEIGHT 206 FREEBOARD RATIO 207 NON-PRECURSOR ORGANIC COMPOUND 208 PHOTORESIST OPERATION 209 SOLVENT 210 SOLVENT CLEANING STATION 211 STRIPPING 212 VOC CONTENT OF MATERIAL 213 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 CONTROL OF PHOTORESIST OPERATIONS 302 USING SOLVENTS CONTAINING MORE THAN 10 PERCENT VOC 303 OPERATION AND MAINTENANCE (O&M) PLAN REQUIRED FOR ECS 304 OPERATE CORRECTLY 305 STORAGE AND DISPOSAL OF VOC 306 EXEMPTIONS SECTION 400 - ADMINISTRATIVE 401 COMPLIANCE SCHEDULE 402 CONTROL EFFICIENCY GENERALIZATION 403 APPLICABILITY OF RULE 331 FOR SUPPORT OPERATIONS 338.1 SECTION 500 - MONITORING AND RECORDS 501 MONITORING DEVICE RECORDS 502 RECORDKEEPING AND REPORTING 503 COMPLIANCE DETERMINATION 504 TEST METHODS 338.2 Adopted 11/16/92 Revised 06/19/96 Revised 04/21/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 338 SEMICONDUCTOR MANUFACTURING SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds (VOC) from semiconductor manufacturing. 102 APPLICABILITY: 102.1 This rule applies to making any semiconductor device, including diodes, zeners, stacks, rectifiers, integrated microcircuits, transistors, solar cells, light-sensing devices, and light-emitting devices. This rule applies to all direct processing of the wafer/die from crystal growth and wafer production through oxidation, photoresist operations, etching, doping, epitaxial growth operations, circuit separation, encapsulation, and those assembly and test operations related to semiconductor manufacturing. 102.2 Rule 338 does not apply to an accredited school that has an educational program in which semiconductors are either fully or partially made. However, this rule is applicable to schools that sell such semiconductor constructions for other than teaching and/or research purpose(s). SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ACCEPTABLE TRACE VOC EMISSION - Emission so dilute that less than 50 ppm or 220 3 mg/M registers on a VOC detector when its probe is 1 inch (2.5 cm) from the surface of a potential VOC-emitter. Such detector shall be used pursuant to subsection 503.5, using EPA Test Method 21. 202 EMISSION CONTROL SYSTEM (ECS) - A system, approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions of volatile organic compounds. Such system consists of an emissions collection subsystem and an emissions processing subsystem. 203 EXCEPTED CORROSIVE VOC - The following compounds emitted either from photoresist process(es) or from semiconductor cleaning processes: citric acid, acetic acid, methylsulfonic acid, and tetramethyl-ammonium hydroxide. Also included are the following categories of corrosive VOC emitted either from photoresist process(es) or from semiconductor cleaning processes: acidic VOC emitted by any organic acid having a pH of 2 or less in its most acidic aqueous state, and basic VOC emitted from a caustic organic solution having a pH of 12.5 or more in its most basic aqueous state. 338.3 204 EXEMPT COMPOUNDS - For the purpose of this rule, the non-VOC, non-aqueous evaporating portion of a formulation; this necessarily includes all non-precursor organic compounds in addition to inorganic liquids and gases. 205 FREEBOARD HEIGHT - The following measurement within the tank/basin of a cleaning machine, as determined during idling mode: 205.1 205.2 Batch: a. Non-Vapor: The vertical distance from the most elevated solvent surface to the least elevated point of the top-rim when the cover is open or removed. b. Vapor: The vertical distance from the least elevated point of the top-rim to the point halfway between the highest and the lowest point of the cooling coils. In-line: a. Non-vapor: The vertical distance from the lowest entry/exit point to the most elevated solvent surface. b. Vapor: The vertical distance from the lowest entry/exit point, to the point halfway between the highest and the lowest point of the cooling coils. 206 FREEBOARD RATIO - The freeboard height divided by the smaller of the inside horizontal length or the inside horizontal width of the cleaning machine’s evaporative surface area. 207 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt”. A listing of the compounds is found in Rule 100. 208 PHOTORESIST OPERATION - A process for the application and development of photoresist masking solution on a wafer, including preparation (except primary cleaning), soft bake, develop, hard bake, stripping, and edge-bead removal, and can be generally subdivided as follows: 209 208.1 Negative Photoresist Operation: A process where the maskant hardens when exposed to light or other process radiation, and the unhardened maskant is stripped, exposing the wafer surface for etching. 208.2 Positive Photoresist Operation: A process where the maskant softens when exposed to light or other process radiation, and the softened maskant is stripped, exposing the wafer surface for further processing. SOLVENT - Any liquid or vapor which is used to dissolve, clean, strip, or remove impurities, coatings, contaminants, or films from surfaces or from internal spaces and voids. This includes, but is not limited to, developers and stripping agents. 338.4 210 SOLVENT CLEANING STATION - A workplace equipped to remove surface contaminants using a liquid or vapor solvent containing volatile organic compounds. This excludes photoresist stripping processes. 211 STRIPPING - The removal of spent photoresist maskant from the product after etching, or the removal of oxide or other stencil agent from the product after diffusion, or any other removal of applied masking agent. 212 VOC CONTENT OF MATERIAL - The weight of VOC per volume of material and can be calculated by: Grams of VOC per Liter of Material = Where: 213 V s − Ww − Wes Vm Vs = Ww Wes Vm = weight of all volatile compounds in grams, including water, exempt compounds, and dissolved vapors weight of water in grams = total weight of all exempt compounds in grams = volume of material in liters VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 301 CONTROL OF PHOTORESIST OPERATIONS: An owner or operator conducting photoresist operations at a semiconductor manufacturing facility that annually emits more than 25 tons (22.7 Mg) of VOC from all photoresist operations combined, measured prior to any emissions control, shall reduce photoresist VOC-emissions or aggregated VOCemissions from both photoresist and cleaning-station processes using an ECS that satisfies the requirements set forth in either subsection 301.1 or 301.2 of this rule: 301.1 301.2 Use An ECS To Control Photoresist VOC Only: a. Achieve at least 80% overall VOC-control of photoresist VOC, including capture and processing of photoresist VOC, as determined by applicable provisions in Section 503; or b. The ECS shall capture at least 90% of all photoresist VOC and achieve an hourly average stack concentration not exceeding 20 mg VOC/standard cubic meter, as determined by applicable provisions in Section 503. Mass loading of VOC is expressed as milligrams of non-methane organic carbon. Use An ECS To Control Aggregated Photoresist VOC And Cleaning VOC: a. Achieve at least 80% overall VOC-control of aggregated cleaning plus photoresist VOC, including capture and processing, as determined by applicable provisions in Section 503; or b. The ECS shall capture at least 90% of all cleaning and photoresist VOC emissions combined and achieve an hourly average stack concentration not 338.5 exceeding 20 mg VOC/standard cubic meter, as determined by applicable provisions in Section 503. Mass loading of VOC is expressed as milligrams of non-methane organic carbon. 302 OPERATIONS USING SOLVENTS CONTAINING MORE THAN 10 PERCENT VOC: 302.1 302.2 302.3 Solvent Cleaning Stations: A person shall not operate a solvent cleaning station that cleans semi-conductor devices with solvents containing more than 10 percent VOC content unless each of the following requirements in subsections 302.1a through c are satisfied, or subsection 302.3 is satisfied. a. Each heated or unheated reservoir, sink, and container that transfers, stores, or holds VOC-containing material shall be provided with a full cover. A cover shall remain closed except while production, sampling, maintenance, or loading or unloading procedures require operator access; and b. All heated or unheated reservoirs and sinks holding VOC-containing materials with a total VOC vapor-pressure exceeding 33 mm Hg at 20°C (68°F) shall have a freeboard ratio greater than or equal to 1.0; and c. Solvent flow of VOC-containing materials shall be applied in a continuous unbroken stream and in a manner which shall prevent liquid loss resulting from splashing. Cleanup Solvents: A person shall not use a VOC-containing material for the purpose of cleaning semiconductor manufacturing equipment at a semiconductor manufacturing facility unless the requirements in at least one of the following subsections 302.2a through 302.2c are satisfied, or an ECS is used pursuant to subsection 302.3. This includes, but is not limited to, the cleaning of empty boats, quartz tubes, and other devices used to hold, contain, or process semiconductors. a. The VOC content of the fluid does not exceed 200 grams per liter (1.7 pounds per gallon) of material; or b. The VOC composite partial pressure does not exceed 33 mm Hg (0.64 psia) at a temperature of 20oC (68oF); or c. The components being cleaned are totally enclosed during the washing, rinsing, and draining processes such that there are no greater than acceptable trace VOC emissions (ATVE) to the atmosphere during such processes. ATVE means that less than 50 ppm or 220 mg/M3 VOC is detected when determined according to subsection 503.5. Alternative Compliance For Solvent Processes: An owner or operator of an operation is allowed to meet any and all provisions under subsections 302.1 and 302.2 that apply to that operation by: a. Using an ECS that achieves an overall control efficiency as required under Section 301 and that is operated pursuant to all applicable ECS requirements of this rule; or 338.6 303 304 305 b. Using an Air-tight or Airless system that both is sealed during cleaning and drying and has a sealed, self-contained liquid-solvent recovery system; or c. Using only those materials in the operation that contain less than 100 g VOC/liter or no more than 10.0 percent VOC by weight. OPERATION AND MAINTENANCE (O&M) PLAN REQUIREMENTS FOR ECS: 303.1 An owner or operator of a facility shall provide and maintain, readily available onsite at all times, (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or to an air pollution control permit. 303.2 The owner or operator of a facility shall submit to the Control Officer for approval the O&M Plans of each ECS and of each ECS monitoring device that is used pursuant to this rule. 303.3 The owner or operator of a facility shall comply with all the identified actions and schedules provided in each O&M Plan. 303.3 An owner or operator shall fully comply with each ECS O&M Plan that the owner or operator has submitted for approval, but which has not yet been approved, unless notified otherwise by the Control Officer in writing. OPERATE CORRECTLY: 304.1 Process Equipment: All active process equipment in which VOC-containing materials are used shall be operated and maintained in proper working order. 304.2 Leaks: Liquids containing more than 0.2 percent VOC that leak at a rate of 3 drops per minute or more shall be repaired within 24 hours of detection, or the equipment shall be shut down until replaced or repaired according to the following schedule: Shut down prior to the next line shut down or within 24 hours of detection, whichever comes first. 304.3 Monitoring Devices: Provide, properly install and maintain in calibration, in good working order, and in operation, devices for indicating or recording temperatures, pressures, rates of flow, concentrations or other operating parameters required by the O&M Plan for determining if air pollution control equipment or other means of control are functioning properly. STORAGE AND DISPOSAL OF VOC: 305.1 All storage of VOC-containing materials subject to evaporation, including the storage of waste solvent and waste solvent residues, shall at all times be in closed containers, except when contents are added or removed. 305.2 Containers shall be legibly labeled with their contents. 305.3 Disposal of waste or surplus VOC-containing materials shall be done in a manner that does not promote VOC evaporation, such as, but not limited to, via sewage treatment works or having the waste hauled off-site in sealed containers. 338.7 306 EXEMPTIONS: 306.1 Quality Control And R&D Operations: Except for this rule's Sections 304 and 305 and subsections 502.1 and 502.2, this rule shall not apply to those operations within a semiconductor manufacturing facility which are used exclusively for one or more of the following: chemical or physical analysis, determination of product quality or commercial acceptance, research, or pilot plant activities. Such operations may be exempted until the sum of daily emissions from all such exempted operations reaches but does not exceed 40 pounds (18.1 kg). This exemption shall not apply to a particular operation if the exemption is denied in writing by the Control Officer. 306.2 An aggregate of up to 55 gallons per year of material not exempted by other provisions within this Section 306 is exempt from the VOC-control requirements of Section 301 if usage is logged monthly in a coherent manner and cumulative usage is calculated. 306.3 Low VOC Materials: The following provisions apply to materials with a VOC content of 10% or less as received by a facility; VOC content shall be determined pursuant to Section 503. Percent is either by weight or volume, as chosen by the operator. 306.4 a. Materials with a VOC content of less than 2 grams VOC/liter or less than 0.2 percent VOC are exempt from Rule 338. b. Materials with a VOC content of 0.2% to 10% VOC are exempt from Sections 301, 302, 303, 501, and 502 of this rule if the total quantity annually received is updated annually pursuant to subsection 502.2c, and disposal is done pursuant to all requirements within Section 305. Excepted Corrosive VOC: a. An excepted corrosive VOC is exempt from subsection 301.1 of this rule under the conditions in subsections (1) and (2) following: (1) An owner or operator choosing the control option in subsection 301.1 is allowed to annually exempt an aggregated photoresist VOC total of up to 1 ton of excepted corrosive-VOC emissions from all control device and ECS requirements; and (2) All excepted corrosive VOCs emitted in excess of the 1 ton (907.2 kg) per year aggregated allowance in 306.4a(1) are directed through a control device. No test of control efficiency shall be required for excepted corrosive organic compounds in a control device. (3) All excepted corrosive VOCs emitted in excess of the 1 ton (907.2 kg) per year aggregated allowance in 306.4a(1) that are not directed through a control device are subject to Section 301 and subsection 301.1 as ordinary, non-exempt VOC. b. An excepted corrosive VOC is exempt from subsection 301.2 of this rule under the conditions in subsections (1) and (2) following: 338.8 (1) An owner or operator choosing the control option in subsection 301.2 is allowed to annually exempt from all control device and ECS requirements 1 ton of excepted corrosive-VOC emissions aggregated from photoresist plus semiconductor cleaning; and (2) All excepted corrosive VOCs emitted in excess of the 1 ton (907.2 kg) per year aggregated allowance in 306.4b(1) are directed through a control device. No test of control efficiency shall be required for excepted corrosive organic compounds in a control device. (3) All excepted corrosive VOCs emitted in excess of the 1 ton (907.2 kg) per year aggregated allowance in 306.4b(1) that are not directed through a control device are subject to subsection 301.2 as ordinary, non-exempt VOC. 306.5 Organic Silicon Compounds: VOC emissions up to an aggregated annual total of 1 ton of organic silanes and silicates, and any other organic compound of carbon and silicon, may be excluded by an owner or operator from being subject to the ECS control requirements of Section 301 if information from the manufacturer of the ECS indicates that such compounds adversely affect the operation of the model or type of ECS being used. 306.6 Wipe Cleaning: Wipe cleaning is not subject to Section 300, but the usage of VOC-containing solvent for wipe cleaning is subject to the recordkeeping provisions of Section 500. SECTION 400 - ADMINISTRATIVE 401 402 COMPLIANCE SCHEDULE: 401.1 Effective Date: This revised version of Rule 338 becomes effective on June 1, 1999. 401.2 ECS Schedule: Any owner or operator of a facility first becoming subject to the ECS requirements of Section 301 or Section 302 and intending to install and commence to use an ECS to comply with Section 301 or Section 302, shall submit for the Control Officer’s approval an emission control plan describing the ECS by the first day of the 4th month after the month in which such facility becomes subject to the ECS requirement. The plan shall show how the ECS is to be used to achieve full compliance. The plan shall specify dates for completing increments of progress, such as the contractual arrival date of new control equipment. The Control Officer may require a person submitting such emission control plan to submit subsequent reports on progress in achieving compliance. Any and all ECS used to achieve such compliance shall be in operation by 15 months after the facility becomes subject to the ECS requirement. CONTROL EFFICIENCY GENERALIZATION: An owner or operator is allowed the following option: 402.1 You may calculate the processing efficiency of an ECS processing subsystem, operated pursuant to subsection 301.1a, that also optionally controls other VOC in addition to photoresist VOC, by assuming the same percentage efficiency as was calculated from testing the efficiency of controlling all input VOC. For example, if 338.9 the capture/collection subsystem blends 150 lbs per hour of photoresist VOC with 50 lbs per hour of etchant VOC, and if the processor simultaneously reduces the 150 lbs of photoresist VOC to 15 pounds of VOC and 50 pounds of etching VOC to 3 lbs of VOC, the processor will be credited with reducing the photoresist VOC by 91% = 100% x 1 −  15 + 3   ; not 90%.   150 + 50     402.2 403 In calculating the processing efficiency of an ECS processing subsystem operated pursuant to subsection 301.2a for an ECS that controls, in addition to cleaning and photoresist VOC, other VOC not addressed by subsection 301.2, it may be assumed that the ECS’ efficiency for processing the aggregate of cleaning plus photoresist VOC is the same as that calculated from testing the efficiency of controlling all input VOC. APPLICABILITY OF RULE 331 FOR SUPPORT OPERATIONS: The solvent-cleaning of equipment or parts that is performed for purposes other than semiconductor manufacturing shall be subject to the solvent cleaning Rule 331 of these Air Pollution Control Rules and Regulations. SECTION 500 - MONITORING AND RECORDS 501 MONITORING DEVICE RECORDS: Keep and maintain monitoring records as required by the O&M plan. 502 RECORDKEEPING AND REPORTING: Any person subject to this rule shall comply with the following requirements. Records shall be retained for five years and shall be made available to the Control Officer upon request. 502.1 Current List: Maintain a current list of materials used in the manufacture of semiconductors: coatings, adhesives, maskants, solvents, cleaning solutions, and any other VOC-containing materials. State the material VOC content of each in pounds per gallon, grams per liter, or as a weight percent (percent by mass) of the material. 502.2 Usage Records: a. Maintain monthly records showing the type and amount of all VOC-containing material used in semiconductor operations, except as modified by subsections b and c following. This includes, but is not limited to, strippers, maskants, solvent materials and cleanup materials. b. Grouping By VOC Content: For purposes of recording usage, those maskants, strippers, coatings, solvents or other VOC-containing materials that are of similar type and similar VOC content may be given a group name and recorded under that name. To the group name shall be assigned the highest VOC content among the members of that group, rounded to the nearest 10th of a pound per gallon, the nearest 1 g/L, or the nearest 1 percent. For each grouping, the name of each material in the group and its material VOC content must appear, along with the name of the grouping and its material VOC content. 338.10 c. 502.3 502.4 503 Update annually the usage of materials having a VOC content of 10.0% or less. The results of an applicable test method, referred to in Section 504, or data supplied by the material’s manufacturer suffices to demonstrate VOC content of material for this purpose. If there is a discrepancy between the manufacturer’s formulation data and the results of an applicable test method, compliance shall be based on the results from the test method analysis. Records Of Disposal: a. The Control Officer may account as VOC emissions to the atmosphere such VOC as is not accounted for by an adequate demonstration of VOC recordkeeping. b. Emission factors acceptable to the Control Officer are allowed to be used in calculating VOC emissions. ECS Recordkeeping: a. Make a continuous record of the times an ECS is used to comply with this rule. b. Maintain records of the O&M Plan’s key system operating parameters with the frequency required by the Plan. c. Maintain records of all maintenance performed according to the O&M Plan. d. An explanation shall be entered for scheduled maintenance that is not performed during the period designated in the O&M Plan. COMPLIANCE DETERMINATION: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 503.1 Sample Analysis: The following test methods shall be used for determining VOC content. For routine information collection, the Control Officer may accept a manufacturers data sheet (MSDS), data certified by an officer of the supplying company, or test data for the product model of inquiry. a. VOC content of materials having more than 10% solids by volume shall be determined using the applicable EPA Reference Method 24 or 24A (40 CFR, Part 60, Appendix A). b. The VOC content of solutions, dispersions, and emulsions that have no solids or less than 5% solids shall be determined by Method 31 of California’s Bay Area Air Quality Management District (BAAQMD), or by California’s South Coast Air Quality Management District Method (SCAQMD) 313-9. c. Solids-free solutions, in which all organic components are VOCs, may be tested using Maricopa County Reference Method #100, “Total Organic Carbon for Windshield Washer Fluids”, Maricopa County Air Pollution Control Rule 344 (April 7, 1999). 338.11 d. The VOC content of materials believed to have between 5 and 10% solids shall be determined by EPA Method 24, by BAAQMD Method 31, or by the SCAQMD Method 313-9. 503.2 Emission Testing: An ECS used pursuant to Section 301 and/or Section 302 shall be tested using EPA Reference Test Methods 18 or 25, or an applicable submethod of such Test Methods. VOC emission shall be measured and calculated as carbon. 503.3 Capture Efficiency: Capture efficiency of an emission control device used to meet the requirements of Section 301 or Section 302 shall be determined by mass balance in combination with ventilation/draft rate determinations done in accordance with subsection 503.4, or US EPA Test Methods 204, 204a, 204b, 204c, 204d, 204e, and 204f, Appendix M, 40 CFR 51. Verification that all active hoods and ducts, when measured at any selection of any interior place within them, are at negative pressure relative to adjacent, uncaptured air shall suffice for routine and uncontested demonstration of capture adequacy. 503.4 Ventilation/Draft Rates: Methods 2, 2A, 2C, or 2D. 503.5 Determination of acceptable trace VOC-emission, with reference to subsection 302.2c, shall use a methane calibration standard. The detection instrument shall meet the requirements of EPA Test Method 21 (40 CFR 60). Use of the detection instrument shall generally meet the probe movement speed and probe orientation specifications of Method 21 for the exterior of piping, valves, tubing, connectors, and containers. Means other than described in Method 21 may be used for detector handling and positioning immediately above open liquids and within containers, ducts, and piping. A valid instrument reading under 50 ppm or 220 mg/M3 using a probe positioned closer than 1 inch also demonstrates acceptable trace VOC-emission. 503.6 Formula For Total Voc Vapor-Pressure: Equivalent to: Voc Composite Partial Pressure, with reference to Sections 301 and 302. n PPc = Wi Ww Wej MWi Ventilation/draft rates shall be determined by EPA ∑ (Wi )(VPi ) i =1 MWi n W Ww m Wej +∑ +∑ i 18 i =1 MWej i =1 MWi = Weight of the “i”th VOC compound in grams = Weight of water in grams = Weight of the “j”th exempt evaporating compound in grams = MWej = Molecular weight of the “i”th VOC compound in grams per gram mole, e.g., one gram-mole of isopropyl alcohol weighs 60 grams Molecular weight of the “j”th exempt evaporating compound, e.g., PPc = 1 gram-mole of acetone weighs 58 grams; 1 g-mole HCl =36.5 g VOC composite partial pressure at 20°C in mm mercury (Hg) 338.12 VPi 18 n m 504 = = = = Vapor pressure of the “i”th VOC compound at 20°C in mm Hg Weight of one gram-mole of water Total number of different (dissolved) VOCs Total number of different (dissolved) exempt compounds TEST METHODS: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 1998), as listed below, are adopted by reference. The other test methods listed here are also adopted by reference, each having paired with it a specific date that identifies the particular version/revision of the method that is adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section 504 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. 504.1 504.2 EPA Test Methods: a. EPA Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2a (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2c (“Determination of Stack Gas Velocity and Volumetric Flow rate in Small Stacks or Ducts”), and 2d (“Measurement of Gas volumetric Flow Rates in Small Pipes and Ducts”). All 4 of the foregoing methods are in 40 CFR 60, Appendix A. b. EPA Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) and its submethods (40 CFR 60, Appendix A). c. EPA Test Method 21 (“Determination of Volatile Organic Compounds Leaks”) (40 CFR 60, Appendix A). d. EPA Test Method 24 (“Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings”) (40 CFR 60, Appendix A). e. EPA Method 25 (“Determination of Total Gaseous Nonmethane Organic Emissions as Carbon”) and its submethods (40 CFR 60, Appendix A). f. EPA Test Method 204 (“Criteria For and Verification Of a Permanent or Temporary Total Enclosure”), and related Methods 204a, 204b, 204c, 204d, 204e, and 204f (Appendix M, 40 CFR 51). Other (Non-EPA) Test Methods: a. California’s Bay Area Air Quality Management District (BAAQMD) Method 31 (April 15, 1992), “Determination of Volatile Organic Compounds in Paint Strippers, Solvent Cleaners, and Low Solids Coatings”. b. California’s South Coast Air Quality Management District (SCAQMD) Method 313-91 (April, 1997). 338.13 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 339 VEGETABLE OIL EXTRACTION PROCESSES SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 APPROVED EMISSION CONTROL SYSTEM 202 CONVEYOR 203 COOLER 204 DESOLVENTIZER-TOASTER (D-T) 205 EQUIPMENT IN SOLVENT SERVICE 206 EXTRACTOR 207 LEAK 208 MEAL 209 MINERAL-OIL SCRUBBER 210 SOLVENT 211 SOLVENT EXTRACTION 212 VEGETABLE OIL PLANT 213 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITATION - VOC EMISSIONS 302 EXTRACTORS AND DESOLVENTIZER-TOASTERS 303 DESOLVENTIZER-TOASTER CONVEYOR 304 OPERATION AND MAINTENANCE PLAN 305 EQUIPMENT IN SOLVENT SERVICE 339.1 306 EXEMPTIONS SECTION 400 - ADMINISTRATIVE 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES 502 RECORDKEEPING AND REPORTING 503 RECORDS RETENTION 504 COMPLIANCE DETERMINATION - TEST METHODS 339.2 Adopted 11/16/92 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 339 VEGETABLE OIL EXTRACTION PROCESSES SECTION 100 - GENERAL 101 PURPOSE: To limit the emissions of volatile organic compounds (VOCs) from the extraction of vegetable oil using solvents. 102 APPLICABILITY: This r ule a pplies to a ny v egetable o il extraction facility which has emitted 600 pounds (272 kg) or more of VOC in a day or 100 t ons (90.7 Mg) or more of VOC in a year, or which would emit at such levels in the absence of existing VOC control m easures, o r r easonably co uld b e ex pected t o em it at s uch l evels at current or proposed production rates. SECTION 200 - DEFINITIONS: For t he pur pose of t his r ule, t he f ollowing de finitions s hall apply: 201 APPROVED EMISSION CONTROL SYSTEM - A system for reducing emissions of or ganic c ompounds, c onsisting of bot h c ollection a nd c ontrol devices which are approved in writing by the Control Officer a nd a re de signed a nd ope rated i n accordance with good engineering practice. 202 CONVEYOR - Any device w hich m oves m aterial f rom one l ocation t o a nother location. 203 COOLER - A device which reduces the temperature and/or moisture from meal being processed. 204 DESOLVENTIZER-TOASTER (D-T) - A heated process unit in which air and/or steam are applied to solvated vegetable matter to volatilize the extraction solvent. 205 EQUIPMENT IN SOLVENT SERVICE - Any pump, valve, pressure relief valve, sight g lass, s ample c onnection, ope n-ended valve, c onnector, or ot her c omponent which handles extraction solvent or material containing such solvent. 339.3 Note 1 206 EXTRACTOR- Equipment which r emoves v egetable o il f rom v egetable ma terial through the use of solvent. 207 LEAK - Any dripping or indication of dripping of liquid from equipment in solvent service, or a n e mission of g aseous V OC w hich e xceeds 10,000 ppm (expressed as methane) above background when measurements are made using EPA Method 21. 208 MEAL - Pulverized v egetable m atter f rom w hich o il h as b een ex tracted an d w hich might still contain some extraction solvent. 209 MINERAL-OIL SCRUBBER - A packed tower which uses mineral oil as a sorbent for the extraction solvent. 210 SOLVENT - The e xtraction m edium us ed t o e xtract oi l f rom seeds, beans or other vegetable matter. 211 SOLVENT EXTRACTION - Removal of vegetable oil from vegetable matter using a liquid solvent in a contact system to dissolve and suspend the oil. 212 VEGETABLE OIL PLANT - Any facility or section o f a f acility e ngaged in th e extraction or refining of vegetable oil through the use of solvent. 213 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound, excluding the following organic compounds which have been designated by the EPA as having negligible phot ochemical reactivity: methane; et hane; m ethylene ch loride (dichloromethane); 1,1,1 −trichloroethane; t richlorofluoromethane ( CFC−11); dichlordifluoromethane ( CFC−12); c hlorodifluoromethane ( CFC−22); 1,1,2−trichlorotrifluoroethane (CFC−113); 1,2−dichlorotetrafluoroethane (CFC−114); chloropentafluoroethane ( CFC−115); t rifluoromethane ( FC−23); 2,2 −dichloro1,1,1−trifluoroethane (HCFC−123); 2−chloro-1,1,1,2−tetrafluoroethane (HCFC−124); 1,1−dichloro-1−fluoroethane ( HCFC−141b); 1 −chloro-1,1−difluoroethane (HCFC−142b); pe ntafluoroethane ( HFC−125); 1,1,2,2 −tetrafluoroethane (HFC−134); 1,1,1,2 −tetrafluoroethane ( HFC−134a); 1,1,1 −trifluoroethane (HFC−143a); 1,1 −difluoroethane ( HFC−152a); all c ompletely f luorinated, completely saturated: alkanes, ethers and tertiary amines. SECTION 300 - STANDARDS 1 This note is not part of Rule 339, but is included for the reader’s convenience. The current list of exempt organic compounds is in Rule 100, Section 200, in the definition of Non-Precursor Organic Compound. 339.4 301 LIMITATION - VOC EMISSIONS: No p erson s hall o perate a v egetable o il extraction plant or facility unless the emissions do not exceed either of the following: 301.1 2.5 pounds of V OC pe r t on of pr ocessed s eed ( 1.13 kg /Mg) f or a ny 30 consecutive days of operation; and 301.2 3.0 pounds of VOC per ton of pr ocessed s eed ( 1.36 kg /Mg) f or a ny s even consecutive days of operation. 302 EXTRACTORS AND DESOLVENTIZER-TOASTERS: No person shall operate any extractor or desolventizer-toaster unless VOC emissions are controlled by both a condenser an d a m ineral-oil scrubber. Such scrubber shall ha ve a n ove rall V OCcontrol efficiency (capture with processing) of at least 90 percent by weight. 303 DESOLVENTIZER-TOASTER CONVEYOR: No person s hall ope rate a vegetable oil plant unless the desolventizer-toaster discharge conveyor is vented to a mineral oil s crubber ha ving a n ove rall V OC-control ef ficiency ( capture w ith processing) of at least 90 percent by weight. 304 OPERATION AND MAINTENANCE PLAN: Owners or operators shall provide the Control Officer with an Operation and Maintenance (O&M) Plan. This Plan shall specify key system operating parameters, such as temperatures, pressures and/or flow rates, necessary to determine compliance w ith t his r ule an d d escribe i n d etail procedures to maintain the Approved Emission Control System. The Control Officer's written approval of this plan s hall be r equired f or c ompliance w ith t his r ule t o be achieved. 305 EQUIPMENT IN SOLVENT SERVICE: The owner or operator of a vegetable oil extraction plant shall inspect at least once a month all equipment in solvent service for any indication of VOC leakage in accordance with EPA Method 21. I f the detected gaseous l eakage l evel ex ceeds 1 0,000 p pm ( expressed as m ethane) o r i f l eak(s) are visible, the leak shall be tagged w ith a w eatherproof t ag. T he da te a nd t ime of t he leak's discovery shall be recorded in a permanent logbook. The operator shall attempt to repair such leak(s) as soon as possible. The operator shall notify the Control Officer by the Division's next working day of leak(s) which cannot be fixed within 24 hours of discovery. No leak shall remain unrepaired by the end of any plant shutdown. 306 EXEMPTIONS: In determining compliance with subsection 301.2 of this rule, the Division shall exclude from calculations a startup day and the VOC added on that day, subsequent to purging the extractor and/or the refinery of all solvent. Note 2 2 This note is not part of Rule 339, but is provided as a convenience to the reader. What is referred to as “the Division” is, in 1997, the Maricopa County Environmental Services Department. 339.5 SECTION 400 - ADMINISTRATIVE 401 COMPLIANCE SCHEDULE: By February 14, 1993, any person subject to Section 301, 302, or 303, w ho doe s not c omply w ith a ll pr ovisions of s aid s ection(s) s hall submit to t he C ontrol O fficer f or a pproval a n e mission c ontrol pl an de scribing t he method to be used to achieve full compliance by November 15, 1993. The plan shall specify d ates f or co mpleting i ncrements o f p rogress, s uch as t he co ntractual ar rival date of new control equipment. T he Control Officer may require a person submitting such emission control pl an t o s ubmit s ubsequent r eports on pr ogress i n a chieving compliance. SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: Any pe rson sorbing or otherwise processing VOC emissions to reduce them pursuant to this rule, shall provide, properly install and maintain in calibration, in good working order and in operation, devices described in an approved O&M Plan for indicating temperatures, pressures, rates of flow, or other operating c onditions ne cessary t o de termine i f a ir pollution control equipment is functioning properly and is properly maintained. 502 RECORDKEEPING AND REPORTING: Any pe rson s ubject t o t his r ule s hall comply with the following requirements. Any records and lists required by this section shall be kept in a consistent and complete manner. 502.1 Material Usage: Maintain a c urrent l ist of s olvents, m ineral oi l a nd a ny other VOC -containing m aterials s uch a s pa ints a nd c leaning l iquids w hich annually exceed 20 gallons and state the VOC content of each in pounds per gallon or g rams pe r l iter. D aily r ecord t he a mount of m akeup solvent, the tons of ve getable m atter s ubject t o e xtraction, t he amount of vegetable oil produced, and amount of mineral oil added. 502.2 Operation and Maintenance: Maintain a record of the times an Approved Emission C ontrol D evice is used to comply w ith th is r ule. M aintain d aily records of t he O &M P lan's ke y s ystem ope rating-parameters. M aintain records of all maintenance performed according to the O&M Plan. 502.3 Calculations: By the end of each day-shift, calculate both the seven-day and the th irty-day rolling a verages y ielding d aily V OC-consumption f igures, using data gathered up to and including the previous shift. 502.4 Logbook: A permanent logbook shall be kept of dates, times, and locations of all: le ak-detection act ivities, l eaks found, l eaks repaired, s hutdowns and startups. D uring ope rating hour s t he l ogbook, a s w ell a s e ntries r equired 339.6 under the preceding subsections 502.1, 502.2 and 502.3, shall immediately be made available to the Control Officer upon request. 503 RECORDS RETENTION: Copies of r eports a nd s upporting doc umentation required by the Control Officer shall be retained at least three years after the date of submittal. Records and information required by this rule shall be retained for at least three years. 504 COMPLIANCE DETERMINATION - TEST METHODS: An exceedance of the limits e stablished in th e r ule d etermined b y a ny of the applicable test methods constitutes a violation of this rule. 504.1 Control e fficiency of a n e missions c ontrol de vice s hall be determined according to EPA Reference Method 25 or its applicable submethods, Title 40, CFR Part 60, Appendix A. 504.2 Gaseous leaks shall be tested for using EPA Method 21. Last Formatted - Fall 1997 339.7 BLANK PAGE 339.8 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 340 CUTBACK AND EMULSIFIED ASPHALT INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ASPHALT CEMENT 202 ASPHALT RUBBER 203 BITUMEN 204 CUTBACK ASPHALT 205 CUTBACK TAR 206 DUST PALLIATIVE 207 EMULSIFIED ASPHALT/EMULSIFIED TAR 208 MEDIUM CURE CUTBACK ASPHALT 209 PENETRATING PRIME COAT 210 RAPID CURE CUTBACK ASPHALT 211 SOLVENT-VOC 212 TACK COAT 213 TAR 214 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITATIONS 302 EXEMPTIONS 303 LABELING REQUIREMENT 340.1 SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION - TEST METHODS 340.2 Revised 07/13/88 Revised 06/22/92 Revised 09/21/92 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 340 CUTBACK AND EMULSIFIED ASPHALT SECTION 100 - GENERAL 101 PURPOSE: To limit emissions of volatile organic compounds (VOCs) from the use of cutback and emulsified asphalt and other bitumens. 102 APPLICABILITY: The provisions of this rule apply to the use and application of cutback and emulsified asphalt or tar materials for the paving, construction or maintenance of highways, streets, roads, parking lots, and driveways, and to the application of such materials onto soil and earthworks. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ASPHALT CEMENT - The dark brown to black cementitious material (solid, semisolid, or liquid in consistency), of which the main constituents are naturally occurring bitumens or bitumens resulting from petroleum refining. 202 ASPHALT RUBBER - An asphaltic binder made with asphalt cement and at least three percent of ground tire rubber by weight. 203 BITUMEN - A class of black or dark-colored (solid, semi-solid or viscous) cementitious substances, natural or manufactured, composed principally of high molecular weight hydrocarbons, of which asphalts, tars, pitches and asphaltites are typical. 204 CUTBACK ASPHALT - An asphalt cement liquified with any solvent-VOC. 205 CUTBACK TAR - A tar liquified with any solvent-VOC. 206 DUST PALLIATIVE - A light application of cutback or emulsified asphalt for controlling loose dust. 340.3 Note 1 207 EMULSIFIED ASPHALT/EMULSIFIED TAR - Any liquified asphalt or tar produced by dispersing asphalt cement or tar into water by means of high speed agitation and an emulsifying agent. 208 MEDIUM CURE CUTBACK ASPHALT - A cutback asphalt which meets ASTM specification D 2027. 209 PENETRATING PRIME COAT - The low viscosity liquid asphalt or tar applied to a relatively absorbent surface to prepare it for new superimposed construction. Prime coats do not include dust palliatives or tack coats. 210 RAPID CURE CUTBACK ASPHALT - A cutback asphalt which falls generally within the specifications of ASTM designation D 2028-76 and which generally cures more quickly than medium cure cutback asphalt. 211 SOLVENT-VOC - For the purposes of this rule, any volatile organic compound which is used with an asphalt or tar to give fluidity and other desired properties and which volatilizes at 500°F (260°C) or less. 212 TACK COAT - An application of liquified asphalt to an existing, relatively nonabsorbent surface to provide a thorough bond between that surface and the superimposed layer. 213 TAR - For the purposes of this rule, any non-asphalt bitumen. This includes road tar produced by distilling coal tar or blending coal-tar pitch with lighter coal-tar fractions. 214 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound, excluding the following organic compounds which have been designated by the EPA as having negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1−trichloroethane; trichlorofluoromethane (CFC−11); dichlorodifluoromethane (CFC−12); chlorodifluoromethane (CFC−22); 1,1,2−trichlorotrifluoroethane (CFC−113); 1,2−dichlorotetrafluoroethane (CFC−114); chloropentafluoroethane (CFC−115); trifluoromethane (FC−23); 2,2−dichloro-1,1,1−trifluoroethane (HCFC−123); 2−chloro-1,1,1,2−tetrafluoroethane (HCFC−124); 1,1−dichloro-1−fluoroethane (HCFC−141b); 1−chloro-1,1−difluoroethane (HCFC−142b); pentafluoroethane (HFC−125); 1,1,2,2−tetrafluoroethane (HFC−134); 1,1,1,2−tetrafluoroethane (HFC−134a); 1,1,1−trifluoroethane (HFC−143a); 1,1−difluoroethane (HFC−152a); all completely fluorinated, completely saturated: alkanes, ethers and tertiary amines. 1 This note is not part of Rule 340, but is provided as a convenience to the reader. The current list of exempted organic compounds is in Rule 100, Section 200, in the definition of Non-Precursor Organic Compound. 340.4 SECTION 300 - STANDARDS 301 302 303 LIMITATIONS: No person shall sell, offer for sale, use or apply the following materials for paving, construction, or maintenance of highways, streets, driveways, parking lots or for any other use to which this rule applies: 301.1 Rapid cure cutback asphalt. 301.2 Any cutback asphalt material, road oils, or tar which contains more than 0.5 percent by volume VOCs which evaporate at 500°F (260°C) or less using ASTM Test Method D 402-76. 301.3 Any emulsified asphalt or emulsified tar containing more than 3.0 percent by volume VOCs which evaporate at 500°F (260°C) or less as determined by ASTM Method D 244-89. EXEMPTIONS: The provisions of this rule shall not apply to: 302.1 Asphalt that is used solely as a penetrating prime coat and which is not a rapid cure cutback asphalt. Penetrating prime coats do not include dust palliatives or tack coats. 302.2 Any asphalt/bituminous material sold in Maricopa County for shipment and use outside Maricopa County if the person claiming such exemption clearly labels each container of materials entitled to such exemption or upon request (during normal business hours) immediately provides the Control Officer with shipping records demonstrating the asphalt material is not for use within Maricopa County. 302.3 A person may use up to 3.0 percent solvent-VOC by volume for batches of asphalt rubber which cannot meet paving specifications by adding heat alone only if request is made to the Control Officer, who shall evaluate such requests on a case-by-case basis. The Control Officer shall not approve such requests unless complete records are kept and full information is supplied including savings realized by using discarded tires. The Control Officer shall not approve such requests when it would cause a person to exceed 1100 lbs (500 kg) usage of solvent-VOC in asphalt rubber in a calendar year unless the applicant can demonstrate that in the previous 12 months no solvent-VOC has been added to at least 95 percent by weight of all the asphalt rubber binder made by the person or caused to be made for the person. This subsection (302.3) does not apply to batches which yield 0.5 percent or less solvent-VOC evaporated using the test in subsection 502.1. LABELING REQUIREMENT: On or after December 22, 1992, no person shall sell, offer for sale, manufacture or store for sale or for use within Maricopa County any 340.5 emulsified or cutback asphalt product which contains more than 0.5 percent by volume solvent-VOC unless such material lot includes a designation of solvent-VOC content on data sheet(s) expressed in percent solvent-VOC by volume. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: The owner or operator of any facility subject to this rule which manufactures, mixes, stores, ships, uses or applies any asphaltic/bituminous material containing more than 0.5 percent by volume solventVOC shall keep daily records of the amount and type received, used and shipped, as well as the solvent-VOC content of this material. Safety data (MSDS) or technical data sheets shall be kept available. These records must be maintained in a readily accessible location for a minimum of three years and must be made available to the Control Officer upon verbal or written request. 502 COMPLIANCE DETERMINATION - TEST METHODS: 502.1 Solvent-VOC content of non-emulsified asphalts and tars shall be determined by American Society for Testing and Materials (ASTM) Method D 402-76. For the purposes of this rule, the end point of the distillation shall be at 500°F (260°C). 502.2 Solvent-VOC content of emulsified asphalts and tars shall be determined using ASTM Method D 244-89. The end point of the distillation shall be at 500°F (260°C). 502.3 Measurement of exempt compound content in cutback and emulsified asphalts shall be conducted and reported in accordance with ASTM Test Method D 4457-85. 502.4 Tests to assist in determining the solvent-VOC content of the asphaltic binder of an asphaltic concrete are: ASTM Method D 2172 "Test For Quantitative Extraction of Bitumen From Bituminous Paving Mixtures" and ASTM Method D 1856 "Test for Recovery of Asphalt from Solution by Abson Method." Last Formatted - Fall 1997 340.6 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 341 METAL INVESTMENT CASTING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 BINDER 202 BINDER VOC CONTENT 203 BINDER-VOC EMISSIONS 204 BURNOUT 205 BURNOUT CYCLE 206 DAY 207 EMISSION CONTROL SYSTEM (ECS) 208 INVESTMENT CASTING 209 KILN 210 NON-PRECURSOR ORGANIC COMPOUND 211 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 CONTROLS REQUIRED 302 MAINTENANCE 303 STORAGE AND DISPOSAL OF VOC 304 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT SECTION 400 - ADMINISTRATIVE REQUIREMENTS (RESERVED) 341.1 SECTION 500 - MONITORING AND RECORDS 501 ECS USE 502 RECORDKEEPING AND REPORTING 503 COMPLIANCE DETERMINATION - TEST METHODS 504 AVERAGING 341.2 08/02/93 Revised 08/05/94 Revised 12/16/98 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 341 METAL INVESTMENT CASTING SECTION 100 - GENERAL 101 PURPOSE: To limit the amount of volatile organic compounds (VOCs) emitted by metal investment casting facilities. 102 APPLICABILITY: This rule applies to any metal investment casting facility. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 BINDER - Any material which is used to bind casting sand or other refractory particles into a cohesive mold or part of a mold. 202 BINDER VOC CONTENT VOC Content of a Binder = W s - W w - W es ------------------Vm -Vw-Ves Using consistently either English or metric measures in the calculations Where: W s = weight of all volatile material in the binder, in pounds (or grams), including VOC, water, non-precursor organic compounds and dissolved vapors. W w = weight of water in pounds (or grams) W es = weight of all non-precursor compounds in pounds (or grams) Vm = volume of total binder material including suspended binder-solids, in gallons (or liters) Vw = volume of water in gallons (or liters) Ves = volume of all non-precursor compounds in gallons (or liters) 203 BINDER-VOC EMISSIONS - VOC emissions from binder operations which include, but are not limited to, VOC that is emitted during binder formulation and mixing at the casting facility, binder setting, cold-box gassing, metal pouring, 341.3 mold burnout, mold cooling, mold storage, and binder/sand recycling. This also includes VOC released through thermal vaporization, combustion, and pyrolysis of binder material. 204 BURNOUT - Firing a mold in a kiln to burn out any remaining fusible-model material and to cure the mold. 205 BURNOUT CYCLE - One of the following: 205.1 Into Heated Kiln: The period between introducing the first mold of a batch of molds into an actively heated kiln until the withdrawal of the last mold of the batch or until the time the cooling kiln reaches 199°F, whichever happens first. 205.2 Into Cool Kiln: For a batch of molds introduced into a cool kiln, the period from the time the kiln reaches 200° F until either the time the last mold of that batch is withdrawn or the time the cooling kiln reaches 199°F, whichever happens first. 206 DAY - A period of 24 consecutive hours beginning at midnight. 207 EMISSION CONTROL SYSTEM (ECS) - A system, approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions of volatile organic compounds. Such system consists of an emissions collection subsystem and an emissions processing subsystem. 208 INVESTMENT CASTING - A type of metal casting in which a mold is built up around a fusible model (typically wax), using refractory particles and binder. The model is then melted out and the mold is cured, usually at high temperatures, before casting metal is introduced into the mold. 209 KILN - The oven, retort, or furnace in which molds are fired or cured prior to their receiving molten metal. 210 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt”. A listing of the compounds is found in Rule 100 of these Air Pollution Control Rules and Regulations. 211 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound that participates in photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 341.4 301 CONTROLS REQUIRED: After December 16, 1998, no person shall operate a metal investment casting facility emitting, prior to any control device, more than 150 lbs (68 kg) of VOC per day or more than 25 tons (22.7 Mg) of VOC per year from investment casting operations unless VOC emissions are controlled by applicable methods in subsections 301.1 and 301.2. VOC emissions from testing, processing, and cleaning procedures that are part of the manufacturing of investment-cast products are included in calculating total emissions. 301.1 VOC Emission From Binders Prior To Burnout: a. Use an Emission Control System which, through the capture and processing of emissions, reduces the total, facility-wide binder-VOC emissions, prior to mold burnout whenever there are pre-burnout binder-VOC emissions, by using one of the following measures: (1) Reduce VOC emissions by at least 85 percent as determined by the test methods referred to in Section 503 of this rule; or (2) Use a capture subsystem with an overall capture efficiency of at least 90%, and a processing subsystem that emits no more than 20 Mg VOC as organic carbon per standard cubic meter, corrected to 7.0% oxygen for oxidizing systems in accordance with the instructions in subsection 503.5; or b. Maintain a limit to binder VOC content of 420 grams VOC per liter (3.5 lb/gal) of binder, less water and non-precursor organic compounds, as determined by methods referred to in Section 503 of this rule; or c. Maintain a daily-weighted average not exceeding 420 grams VOC per liter (3.5 lb/gal) of binder, less water and non-precursor organic compounds, using calculations specified in Section 504 of this Rule 341. 301.2 Burnout VOC-Emissions: VOC emissions from a burnout operation in a kiln shall be controlled by a VOC control system or device that meets all the provisions of either subsection 301.2a or subsection 301.2b, as applicable. a. Kilns installed prior to July 3, 1998: An owner or operator of a VOC control device serving a kiln for which installation was begun before July 3, 1998, shall: (1) Operate the device so as to process VOC emissions either: 341.5 (a) With a reduction-efficiency of at least 90% as determined by the test methods referred to in Section 503, or (b) Process the emissions sufficiently that the average emission during each burnout cycle is less than 30 milligrams of VOC (measured as organic carbon) per standard cubic meter of emissions (as determined by the test methods referred to in Section 503). Results shall be corrected to 7.0% oxygen for oxidizing systems in accordance with the instructions in subsection 503.5. (2) During burnout, follow the O&M Plan procedures for proper positioning of the kiln access door, if open, and consistently comply with any other key operating parameters in the Plan. b. Kilns installed on or after July 3, 1998: An owner or operator of a kiln of which installation was begun on or after July 3, 1998, shall: (1) Operate the device so as to process VOC emissions either: (a) With an efficiency of at least 90% as determined by the test methods referred to in Section 503, or (b) Process emissions such that the average emission during each burnout cycle is less than 20 milligrams of VOC (measured as organic carbon) per standard cubic meter of emissions (as determined by the test methods referred to in Section 503). Results shall be corrected to 7.0% oxygen for oxidizing systems in accordance with the instructions in subsection 503.5. (2) Provide that the kiln has systems/devices sufficiently effective and of such a design that the door of the kiln does not need to be opened to regulate emissions during the burnout period. (3) The kiln door shall be kept closed after the last unfired mold of a batch is placed in the kiln, except for checking or action on the kiln’s contents. The kiln door shall be closed immediately upon completion of checking or action. (4) Consult the O&M Plan if, during burnout, there is visible emission from the kiln. 301.3 Alternative Threshold: The threshold of 150 pounds per day of total VOC from all investment casting operations in Section 301 is raised to 160 pounds per day for a facility to which the following apply: 341.6 a. The 160 lb/day threshold is made a part of the facility’s Air Pollution Permit; and b. The facility makes molds and/or conducts mold burnout no more than 6 days per week, or c. The facility makes molds and/or conducts mold burnout no more than 313 days per year. 302 MAINTENANCE: Any person subject to this rule shall operate and maintain in proper working order all process equipment in which VOC-containing materials are used or stored. 303 STORAGE AND DISPOSAL OF VOC: An owner or operator shall comply with the following provisions: 303.1 Store all VOC-emitting materials, including but not limited to waste binders, waste solvents, and their residues, in closed containers which are legibly labeled with their contents. 303.2 Use suitable disposal methods. Suitable disposal includes legal deposit into sewers, laundering of wiping materials, collection in closed containers (including impervious bags), and removal by a disposal service. 303.3 Choose one of the following: a. Keep adequate records of the disposal/recovery of each VOCcontaining material; or b. If adequate records of the disposal/recovery of a VOC-containing material are not kept, it is the option of the Control Officer to count as emission to the air the VOC contained in that material, as determined from records of the material’s usage. 304 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT 304.1 Operation and Maintenance (O&M) Plan Required for ECS: a. An owner or operator shall provide and maintain (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this Rule 341 or to an air pollution control permit. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this Rule 341. 341.7 c. The owner or operator shall comply with all the identified actions and schedules provided in each O&M Plan. 304.2 Providing And Maintaining ECS Monitoring Devices: Any person incinerating, adsorbing, or otherwise processing VOC emissions pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in operation, devices described in the facility’s O&M Plan that indicate temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained. 304.3 O&M Plan Responsibility: An owner or operator of a facility that is required to have an O&M Plan pursuant to subsection 304.1 must fully comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified otherwise by the Control Officer in writing. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (Reserved) SECTION 500 - MONITORING AND RECORDS 501 ECS USE: 501.1 On each day an Emission Control System is operated pursuant to this rule, a continuous, permanent record shall be maintained both of the times such system was used to comply with this rule and of the amount and VOC-content of each binder controlled by the ECS. 501.2 Operation and Maintenance: a. On each day that an Emission Control System is used to comply with this rule, a record shall be made of the operating parameters of the key systems described in the O&M Plan. b. For each day or period in which the O&M Plan requires that maintenance be performed, a record shall be made of the maintenance actions taken, within 24 hours of maintenance completion. c. An explanation shall be entered for scheduled maintenance that is not performed during the period designated in the O&M Plan. 502 RECORDKEEPING AND REPORTING: An owner or operator subject to this rule shall keep the following records and lists in a consistent and complete manner, and shall make them available to the Control Officer upon request. 341.8 Records of the previous 12 months, requested during normal business hours, shall be made available without delay. Each of the following records shall be maintained for a minimum of five years: 502.1 Current List: A current list shall be maintained of all VOC-containing materials as received by the facility, such as binders and/or binder components, maskants, coatings, cleaning solvents, lubricants and any other VOC-containing substances related to investment casting. Include the VOC content of each in pounds per gallon or grams per liter. a. Type of material: The listing for each material shall also include a brief description that indicates the purpose or use of the material, for example: ”zirc. binder,” “mold-binder component”, “cleaner”, “wash,” ”bearing lube”, “topcoat”, “releasing”, etc. b. Exception: This rule does not require listing or recording of material arriving at the facility with less than 1.1% organic compound content. 502.2 Use: Records shall be maintained which show the type, amount used, and VOC content, expressed in either pounds of VOC per gallon or grams of VOC per liter, of each VOC-containing material. Records shall be updated according to the following schedule. Materials differing only in brand or manufacturer but having the same composition and formula may be totaled as a single material. a. Monthly: By the end of the following month, update each month’s usage of all VOC-containing materials except as provided in subsections “b” and “c” following. b. Yearly: By January 31, update the usage figures for the year just past for the materials of which less than 15 gallons fluid or 100 lb (45 kg) solid are used in any year. c. Daily: Daily update usage of all binders if any binder(s) used have a VOC content exceeding 3.5 lb VOC/gallon (measured minus water and non-precursor compounds) and are not controlled by an ECS. 503 COMPLIANCE DETERMINATION - TEST METHODS: The test methods as they exist on December 16, 1998, as listed below, are adopted by reference. This adoption by reference includes no future editions or amendments. Copies of test methods referenced in this Section 503 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 341.9 503.1 Quantification of VOC and solids content of binders, required in order to comply with subsections 301.1b and 301.1c, shall be determined using: a. The EPA Reference Method 24 (40 CFR, Part 60, Appendix A), or Method 31 of California’s Bay Area Air Quality Management District as amended April 15, 1992, or by the April 1997 revision of California’s South Coast Air Quality Management District Method 313-9, or by a current Certified Data Sheet, signed by an official of each facility that formulated the binders. b. If an averaging scheme is used pursuant to subsection 301.1c, the owner or operator shall sample each binder formulation at least once per year during the time any binder(s) exceeding 3.5 lb/gal. is being used, and record the VOC content as determined by EPA Method 24 at a testing laboratory. 503.2 The control efficiency of an Emission Control System or other control equipment/system used pursuant to subsection 301.1 or subsection 301.2 shall be determined according to EPA Reference Methods 18, 25, or an applicable submethod of Method 25 (Title 40, CFR Part 60, Appendix A). 503.3 Capture efficiency of an Emission Control System required by subsection 301.1a shall be determined by mass balance in combination with ventilation/draft rate determinations referenced in subsection 503.4, or by Method 204 and its applicable submethods, Appendix M. 40 CFR 51. 503.4 Ventilation/draft rates of an Emission Control System required by subsection 301.1 shall be determined by EPA Reference Methods 2, 2A, 2C, or 2D (40 CFR Part 60, Appendix A). 503.5 The following equation is used to correct the VOC concentration to 7.0% oxygen, using the percent oxygen of the emission test:: (VOC concentration) x (20.9 - 7.0) / (20.9 - O2%) = Adjusted VOC concentration, where: “VOC concentration” and “O2%” are actual emission-test results. 504 AVERAGING: For metal investment casting facilities using any binder exceeding 3.5 lbs VOC/gallon less water and non-precursor compounds, dailyweighted averaging shall be performed on each day of such usage that demonstrates compliance with subsection 301.1c. Averaging shall be performed as follows: 341.10 504.1 Emission Computation Schedule: Each workday's VOC emissions and the daily-weighted average expressed in grams of VOC per liter of binder (or lb/gal) shall be computed and recorded no later than 12 hours after the end of that workday. Binder used in any day shall have all its emitted VOC ascribed to that day even if evaporation is not complete until a following day. At the end of a day, the numerical quantity of any leftover binder which will not be used again, shall be added to the sum of the total binder used of that same formulation used on that day. However, the amount of leftover binder does not need to be added to the sum of the total binder used on that day if such binder is stored in sealed container(s), and a determination of VOC content is made by Method 24 and recorded in the log, prior to removal from the site. 504.2 Bulk Accounting: A separate account shall be kept and updated as bulk binder ingredients arrive and as such ingredients are used up. This account shall include deliveries of VOC-containing diluents such as alcohol and other make-up solvents. Purchase order and inventory records can suffice for this if they are at all times kept complete, in a form usable for such accounting, and available to the Control Officer. 504.3 Averaging Schedule: A list shall be kept current containing the name/designation of each binder formulation and the amount of each constituent in each formulation, and including the mass of VOC per unit volume of binder, less water and non-precursor organic compounds. The amounts of each binder formulation used, including make-up formulations, shall be recorded at the end of each mold-making shift. The daily-weighted average expressed in grams VOC per liter of binder (or lb/gal), less water and non-precursor organic compounds, shall be computed and recorded no later than 12 hours after the end of each workday. 504.4 MATHEMATICALLY CALCULATING THE DAILY-WEIGHTED AVERAGE: The daily-weighted average VOC content of all the binders used in a day facility-wide, a quantification required in order to comply with subsection 301.1c, shall be calculated using the following equation and be expressed in units of mass of VOC per unit volume of binder excluding any water and any non-precursor organic compounds (nonprecursors). VOCw = V1C1 + V2C2 + ......... +VnCn + Mva V1 + V2 + .............Vn + Vva + Vsa where: VOCw=The daily-weighted average VOC content of all "n" binder formulations ("a" through "n") used during a day throughout the 341.11 facility expressed in grams of VOC per liter of binder (or lb/gal) after water and non-precursors are excluded. C1 = The VOC content of the first formulation used on a production day in grams per liter of binder (lb/gal), excluding water and nonprecursors. C2 = The VOC content of the second binder-formulation used on a production day, in grams per liter of binder (or lb/gal), excluding water and non-precursors. Cn = The VOC content of the very last binder formulation used on a production day when a total of "n" formulations were used, and the only formulation remaining to be accounted for. It is expressed in grams VOC per liter of binder-formulation "n" (or lb/gal), excluding water and non-precursors. Mva = The total mass of VOC added to any previously formulated binder used during the course of the day expressed in grams (or lbs). This includes the VOC portion of added materials which also contain non-VOC components. V1 = The total volume used throughout the day of the first binder formulation used that day, expressed in liters (or gal), excluding the volume of any water and the volume of any non-precursors. V2 = The total volume used throughout the day of the second binder formulation used that day, in liters (or gal), excluding the volume of water and non-precursors. Vn = The total volume used throughout the day of the very last binder formulation used that day, when a total of "n" formulations were used. It is expressed in liters (or gal) of formulation "n" not including the volume of any water and non-precursors. Vva = The total volume of VOC in liters (or gal) added to any and all previously formulated binders during the course of the day for make-up, viscosity reducing, or other purpose(s). If such VOC is used in a mixture containing non-VOC components, the volume of the non-VOC portion is excluded when making calculations. Vsa = The total volume of solids in liters (or gal) added during the day to any already formulated binders used during that day such solids are added. Such volume shall be equivalent to the volume of solid material remaining after any volatile material has been 341.12 removed by the drying oven under the conditions specified in a Method 24 test, as referenced in Section 503. 341.13 BLANK PAGE 341.14 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 342 COATING WOOD FURNITURE AND FIXTURES INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 ADHESIVE 202 AEROSOL-SPRAY COATING 203 AIR-ATOMIZED SPRAY (GUN) 204 ARCHITECTURAL COATING 205 BASECOAT 206 CERTIFIED PRODUCT DATA SHEET 207 COATING 208 CONVENTIONAL AIR-ATOMIZED SPRAY (SYSTEM) 209 CUSTOM REPLICA MILLWORK 210 DAY 211 DILUENT 212 ELECTROSTATIC APPLICATION 213 EMISSION CONTROL SYSTEM (ECS) 214 FACILITY 215 FAUX FINISH 216 FINISHING MATERIAL 217 HIGH SOLIDS STAINS 218 KILOGRAMS VOC PER KILOGRAM OF COATING SOLIDS 219 LOW PRESSURE SPRAY GUN 220 LOW SOLIDS STAINS 221 NONPERMANENT FINAL FINISH 222 NON-PRECURSOR ORGANIC COMPOUND 223 POUNDS VOC PER POUND OF COATING SOLIDS 224 REPAIR COATING 342-1 225 RESTRICTED-USE GUN 226 SEALER OR PRIMER 227 SINGLE RESIN-LAYER FINISH 228 STAIN 229 STRIPPABLE COATING 230 STRIPPING OPERATION 231 TOPCOAT 232 TOUCH UP COATING 233 TRANSFER EFFICIENCY 234 VOC-BORNE COATING 235 VOC-SOLVENT 236 VOLATILE ORGANIC COMPOUND (VOC) 237 WASHCOAT 238 WOOD MILLWORK 239 WOOD-PRODUCT 240 WORKING DAY SECTION 300 – STANDARDS 301 LIMITATIONS – VOC CONTENT 302 LIMITATION OF CONVENTIONAL AIR-ATOMIZED SPRAY AND OTHER SPRAY METHODS ATOMIZING WITH HIGH-PRESSURE AIR 303 OPERATION AND MAINTENANCE 304 CLEANUP AND CLEANING SUPPLY AND APPLICATION EQUIPMENT 305 HANDLING AND DISPOSAL OF VOC 306 DESIGNATION OF VOC-CONTENT REQUIREMENT 307 EXEMPTIONS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE 402 REGULATORY CLARIFICATION 403 GUN TAGGING REQUIREMENTS SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION – TEST METHODS 342-2 APPENDIX A TO RULE 342 APPENDIX B -- A SHORT-FORM OPTION APPENDIX C TO RULE 342 342-3 BLANK PAGE 342-4 Adopted 04/03/96 Revised 11/20/96 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 342 COATING WOOD FURNITURE AND FIXTURES SECTION 100 – GENERAL 101 PURPOSE: To limit emissions of volatile organic compounds from the surface preparation and coating of wood furniture and fixtures. 102 APPLICABILITY: The provisions of this rule apply to any facility in Maricopa County applying finishing material to furniture or fixtures made of wood or wood-derived material. Simplified provisions of Appendix B in this rule may be used by facilities which agree to a permit limit of less than 10 tons of VOC emissions per year. For sources emitting less than 2 tons of VOC per year, consult subsection 307.2d. This rule does not apply to the coating of any millwork included under SIC #2431. SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ADHESIVE – Any substance, usually having a fluid phase during application, used principally to bond two or more surfaces into close proximity with one another. 202 AEROSOL SPRAY COATING – A coating which is sold in a hand-held, pressurized, non-refillable container, usually of less than 22 fluid ounces (0.66 liter) capacity, and which is expelled from the container in a finely divided form when a valve on the container is depressed. 203 AIR-ATOMIZED SPRAY (GUN) – Equipment used to apply coatings in which the chief means of atomizing the coating is via pressurized air which also mixes into the cloud of coating particles after expulsion from a spray nozzle. 204 ARCHITECTURAL COATING – Any coating applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs. 205 BASECOAT – A coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other high-hiding finishing materials. A basecoated surface usually receives a topcoat also. 206 CERTIFIED PRODUCT DATA SHEET – A document, signed by an officer of a coating-supplying operation, stating precisely the maximum VOC content of a particular coating as supplied. 342-5 207 COATING – Any liquid, fluid, or mastic composition which is converted to a solid (or semi-solid) protective, decorative, or adherent film or deposit after application to a substrate as a thin layer. 208 CONVENTIONAL AIR-ATOMIZED SPRAY – Any spray coating method in which the coating is atomized principally by mixing it with compressed air at an air pressure greater than 10 pounds per square inch (gauge) at the point of atomization, and which is not used with an electrostatic transfer system. Airless and air-assisted airless spray technologies are not conventional air-atomized spray because the principal means of atomizing the coating is via hydraulic pressure and not by mixing the coating with compressed air. 209 CUSTOM REPLICA FURNITURE – Furniture individually produced or repaired after an order has been received from a client specifying a particular style and period, using both the style and the methods of construction, including materials, joinery, and finishes, which are authentic to the period. 210 DAY – A period of 24 consecutive hours beginning at midnight. 211 DILUENT – For the purpose of this rule, any fluid in or added to a coating such as thinner, retarder, reducer, solvent, or drying accelerator which solubilizes, adjusts concentration, viscosity, flow, or drying rates and which evaporates as the coating film solidifies and cures. 212 ELECTROSTATIC APPLICATION – A method of applying coating by electrically charging coating droplets or particles causing their deposition onto a substrate by electrostatic attraction. 213 EMISSION CONTROL SYSTEM (ECS) – A system for reducing emissions of organic compounds, consisting of both collection and control devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. 214 FACILITY – For the purpose of this rule, all the pollutant-emitting activities located on one or more contiguous or adjacent properties, under the control of the same person or persons under common control, and described by one or more of the industrial groupings listed in Section 238 of this rule. 215 FAUX FINISH – A finish intended to simulate a surface other than wood, including, but not limited to, stone, sand, metal, fur and leather. 216 FINISHING MATERIAL – A coating other than one designed solely or principally as an adhesive, temporary maskant, and/or preservative. For wood furniture and fixtures, finishing materials include, but are not limited to, topcoats, sealers, primers, stains, basecoats, washcoats, enamels, toners, glazes, and graining inks. 217 HIGH SOLIDS STAINS – Stains which are formulated to enhance wood grain and change wood color, but not conceal surface grain. For the purpose of this rule, high solids 342-6 stains are stains that contain at least 120 grams of solids per liter (1 lb/gal) of stain as applied, and can include wiping stains and glazes. 218 KILOGRAMS VOC PER KILOGRAM OF COATING SOLIDS – A measurement that is used in this rule to express the VOC content of a coating. For any coating, kilograms VOC per kilogram coating solids is numerically identical to both pounds of VOC per pound of coating solids and to grams VOC per gram of coating solids. Abbreviations used include kg VOC/kg solids (lb VOC/lb solids) or simply kg/kg (lb/lb). 219 LOW PRESSURE SPRAY GUN – An air-atomized spray gun which by design functions best at tip pressures below 10 psig (0.7 bar) measured according to subsection 502.2 of this rule, and for which the manufacturer makes no public claims that the gun can be used effectively above 12 psig (0.8 bar). 220 LOW SOLIDS STAINS – Stains which are formulated to enhance wood grain and change wood color, but not conceal surface grain. For the purpose of this rule, low solids stains are stains that contain up to 120 grams of solids per liter (1 lb/gal) of stain as applied, and include sap stain, toner, and non-grain-raising (NGR) stains. 221 NONPERMANENT FINAL FINISH – A material such as wax, polish, non-oxidizing oil or similar substance which retains its effect only temporarily and must be periodically reapplied to a surface to maintain or restore the material’s intended effect. 222 NON-PRECURSOR ORGANIC COMPOUND – Any of the following organic compounds which have been designated by the EPA as having negligible photochemical reactivity: acetone; methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane; trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 1,2-dichlorotetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); trifluoromethane (HFC-23); 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 1,1-dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-142b); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2pentafluoropropane (HCFC-225ca); 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); cyclic, branched or linear completely methylated siloxanes; all completely fluorinated, completely saturated: alkanes, ethers and tertiary amines; sulfur-containing perfluorocarbons with no unsaturations, no hydrogen, and with sulfur bonds only to carbon and fluorine. 223 POUNDS VOC PER POUND OF COATING SOLIDS – A measurement of a coating’s VOC content identical with kilograms VOC per kilogram of coating solids. 224 REPAIR COATING – A coating used to recoat portions of a previously coated product to cover mechanical damage to that previous coating following normal painting operations. 342-7 225 RESTRICTED-USE GUN – Any spray gun which atomizes coating using compressed air, such that in normal use or a use advertised by the manufacturer or distributor, the tip pressure exceeds 12 psig (0.8 bar) in measurements done pursuant to subsection 502.2. Restricted-use gun also includes, but is not limited to, all conventional air-atomized spray guns. 226 SEALER OR PRIMER – A film-building finishing material used to seal the pores of wood or wood-derived material before additional coats of finishing material are applied. Finishing materials used primarily to alter the appearance or color of the substrate, such as stains, washcoats, glazes, inks, and toners, are not sealers. 227 SINGLE RESIN-LAYER FINISH – A completed, consumer ready finish, which has received only one application of resin-based coating serving as both sealer and topcoat, and having a total average dry finish thickness from the top of the finish to the surface of the wood-product substrate not exceeding 3 mils (0.076 mm) before sanding, as determined pursuant to the test method in subsection 502.3. If a washcoat is also used, the finish is not a single resin-layer finish. 228 STAIN – A coating, excluding sealers and topcoats, that is formulated to enhance wood grain and change wood color, but not conceal surface grain. Stain includes all high solids stains and all low solids stains. 229 STRIPPABLE COATING – A coating which is applied to spray booth surfaces to receive the overspray and protect the substrate, and which is designed to be readily pulled off in strips or sheets and disposed of. 230 STRIPPING OPERATION – Any operation in which organic solvent is used to remove coating from a substrate. 231 TOPCOAT – The last permanent, functional film-building finishing material applied to a manufactured wood product. When the wood-product substrate is already sealed with sealer, any further coats that build a functional film are topcoats. Finishing materials used primarily to alter the appearance or color of the substrate, such as stains, washcoats, glazes, inks, and toners are not topcoats. A nonpermanent final finish is not a topcoat. 232 TOUCH UP COATING – A coating used to cover minor coating imperfections after the main coating operation. 233 TRANSFER EFFICIENCY – The ratio of the weight of coating solids deposited on an object to the total weight of coating solids used in a coating application step or series of such steps, expressed as a percentage. 234 VOC-BORNE COATING – A coating in which the volatile portion contains, by weight, more VOC than water. 235 VOC-SOLVENT – A solvent or diluent, used to solvate, dilute, reduce, thin, clean or strip, in which the weight-percent of VOC exceeds the weight percent of water. 342-8 236 VOLATILE ORGANIC COMPOUND (VOC) – Any organic compound which participates in atmospheric photochemical reactions, except a non-precursor organic compound. 237 WASHCOAT – A transparent special purpose coating having a solids content by mass of 12.0 percent or less, and which is used to seal wood-product surfaces for any of the following purposes: to prevent undesired staining, to control penetration of subsequent finishes, to provide a barrier when paper laminates are applied to the wood-product, to seal glazes, and to improve adhesion of a waterborne topcoat. 238 WOOD FURNITURE AND FIXTURES – All furnishings made of wood-product that are included in Standard Industrial Classification (SIC) numbers 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, or 2599 as well as wood-product on convertible furniture under SIC number 2515. 239 WOOD-PRODUCT – Wood or wood-derived material, such as chipboard, particle board, fiberboard, pressed board, paper, and any other material derived from wood, bamboo, cane, or rattan, that retains some of the physical structure(s) of such original material(s), even if only at a microscopic level. 240 WORKING DAY – A day, or any part of a day, in which a facility is engaged in manufacturing. SECTION 300 – STANDARDS 301 LIMITATIONS – VOC CONTENT: 301.1 No person shall apply a topcoat or sealer to wood furniture or fixtures unless VOC content is limited either to the pounds of VOC per pound of solids (kg VOC/kg solids) in Column A or to the grams of VOC per liter in column B: a. General VOC Limits of Coatings: Table 1 Column A Column B Lb VOC/lb solids Grams VOC/liter ** Topcoat 1.8 635 Sealer 1.9 645 Acid-cured, alkyd amino topcoat 2.0 655 Acid-cured, alkyd amino vinyl sealer 2.3 680 **less non-precursor compounds & water b. Option: Lower VOC topcoat and unlimited sealer: There is no VOC limit on sealer when the sealer’s topcoat does not exceed 0.8 lb VOC/lb (0.8 kg/kg). 342-9 c. Coatings with no VOC limits: Stains, washcoats, glazes, toners, inks, and other coatings not specified in this subsection 301.1 nor in subsection 301.2 have no VOC limits. 301.2 Strippable Booth Coatings: No person shall use a strippable booth coating unless, as applied, the coating has either no more than 0.8 lb VOC/lb solids or no more than 3.0 lb/gal (360 g/l) less non-precursor volatile compounds. 301.3 Emission Control System (ECS) As An Alternative Control: A facility may meet the VOC limits of either or both subsections 301.1 and 301.2 if the owner or operator complies with all provisions in this rule’s Appendix C and with the other applicable provisions of this rule. 301.4 Averaging: An owner or operator of a larger furniture coating facility meeting the applicability requirements of subsection b., in this rule’s Appendix A, may comply with subsection 301.1a. of this rule by complying with AveragingFormula 1 or Averaging-Formula 2 in Appendix A and by complying with all other applicable provisions of Appendix A. 301.5 Smaller Source Option: The owner or operator of a facility that has emitted 2 or more tons but less than 10 tons per year of VOC from all wood coating and associated operations is exempted from all provisions under Sections 300, 400, and 501 (but not Sections 100, 200, and 502) if all provisions are complied with in this rule’s Appendix B. Sources emitting less than 2 tons of VOC per year may be allowed exemptions pursuant to subsection 307.2d. 302 LIMITATION OF CONVENTIONAL AIR-ATOMIZED SPRAY AND OTHER SPRAY METHODS ATOMIZING WITH HIGH-PRESSURE AIR: 302.1 Evidence of Transfer-Efficient Spray Equipment: No person shall spray wood furniture with coating exceeding 1 lb VOC/lb solids (1 kg VOC/kg solids) without providing evidence of possession and use of a low pressure spray gun or system, an electrostatic system, or a system in which the energy for atomization is provided principally via hydraulic pressure; this includes air assisted airless and ultra-low-volume-air assisted technologies. Such requirement does not apply to any facility, activity or person specifically exempted by applicable subsections of Section 307 of this rule, or to any specific system which is approved by the Administrator as having a transfer efficiency consistently exceeding 64%. 302.2 Limitation of Air-Atomized Spray other than Low Pressure: No person shall use a conventional air-atomized spray gun or other restricted use gun, except: a. To apply finishing materials that have a VOC content not exceeding 1.0 lb VOC/lb solids (1.0 kg/kg). b. If VOC emissions from the finishing application station, employing such a gun, are captured and directed to an ECS, pursuant to the provisions of Appendix C. 342-10 c. For touch-up and repair under either of the following conditions: (1) such application is performed after completion of the entire finishing operation; or (2) such application is performed after applying stain, and before any further coating, by equipment having a total capacity not exceeding 2.1 gallons (8 liters). d. To apply less than 5% of all coating pursuant to subsection 307.2e. 303 OPERATION AND MAINTENANCE: Any person subject to this rule shall operate and maintain in proper working order all process equipment in which VOC-containing materials are used or stored. 304 CLEANUP AND CLEANING SUPPLY AND APPLICATION EQUIPMENT: 304.1 Booth Cleaning: No person shall clean spray booth components using a solvent containing more than 8.0 percent by weight of VOC, including water and nonprecursor compounds, except for: conveyors; continuous coaters and their enclosures; and metal filters. If the spray booth coating is being replaced, a person shall use no more than 1.0 gallon (3.8 liters) VOC-solvent to clean the booth. 304.2 Cleaning Guns and Lines: A person shall collect all solvent used to clean spray guns and shall pump or drain all solvent used for line cleaning into non-leaking container(s). Such containers shall be immediately closed or covered after all the solvent has been collected, and shall remain so except when in use. 305 HANDLING AND DISPOSAL OF VOC 305.1 Use and Storage: A person shall cover and keep covered each VOC-containing material intended for the day’s production, which is not currently in use. A person shall store finishing and cleaning materials in closed containers. 305.2 Disposal Of VOC And VOC-Containing Material: A person shall store all VOC-containing materials, including, but not limited to, rags, waste coatings, waste solvents and their residues, in closed containers which are legibly labeled with their contents and which remain covered when not in use. 306 DESIGNATION OF VOC-CONTENT REQUIREMENT: Effective May 3, 1996, a manufacturer of wood-furniture coatings which are subject to this rule shall provide on each coating container or as an accompanying specification of each coating container a designation of VOC content. For topcoats and sealers, this shall be in pounds of VOC per pound of coating solids (g/g) or in pounds VOC per gallon (g/l) less water and nonprecursor volatile compounds. This requirement shall not apply to containers having a capacity of one liter (1.05 quart) or less. 307 EXEMPTIONS: 342-11 307.1 Total Exemption: The following materials are exempt from this rule: adhesives, architectural coatings, printing ink, and coatings not applied on or over a woodproduct substrate. 307.2 Partial Exemptions: a. Touch-up cans: Coatings in aerosol spray cans not exceeding 22 fl. oz. (0.66 liter) capacity used exclusively for touch-up and/or repairs are subject only to the recording requirements of this rule. b. The following shall be exempt from subsection 301.1 and Section 302: (1) The use of the following coating types when the annual total use of all such types together is less than 250 gallons (948 liters): prepackaged aerosol spray cans which are not used for touch-up or repair, metal leaf finishes, and faux finishes. (2) Refinishing, replacement, and custom replica furniture operations: Any refinishing operation necessary for preservation, to return the furniture or fixture to original condition, to replace missing furniture to produce a matching set, or to produce custom replica furniture. c. The coating for a single resin-layer finish which does not exceed a VOC limit of 3 lb VOC/lb solids for completed finishes up to 3 dry mils thickness or does not exceed 2.3 lb/lb for finishes over 3 dry mils is exempt from the VOC-limits of subsection 301.1 if all of the following conditions are met: (1) The containers are clearly marked "FOR USE IN SINGLE RESINLAYER FINISH"; (2) Facility records clearly identify this material: "DOES NOT MEET THE VOC LIMITS OF SECTION 301, RULE 342. - FOR USE ONLY IN SINGLE RESIN-LAYER FINISHES"; and (3) The booth used to apply a single resin-layer finish above 2.3 lb VOC/lb solids is dedicated to that operation only, and is clearly labeled "FOR SINGLE RESIN-LAYER FINISHES ONLY". d. Small Source Status: A furniture coating facility which at any time demonstrates that it currently meets all the requirements in subsections 307.2d. (1) and (2) following, is exempt from all provisions of this rule except for Section 303 “Operation & Maintenance” and Section 305 "Handling and Disposal of VOC". An operator of such an exempted facility shall keep on the premises current records of all coating related materials currently used, and their VOC content. For this purpose, a complete, updated set of receipts/invoices and Material Safety Data Sheets (MSDSs) will suffice if each receipt/invoice is retained on the premises at least two years. (1) Facility records demonstrate that no more than a total of 55 gallons (209 liters) of VOC-borne wood-product coatings plus VOC-solvent are used in any month and that such monthly total divided by that month’s number of days of coating application does not exceed 3.0 gallons (11.4 liters); and 342-12 (2) The facility emits less than 1814 kg (4000 lb) VOC, facility-wide per year from all wood-product coating operations including VOC in both solventborne and water-borne coatings, all VOC diluent added to coatings, all solvent cleaning and stripping, and VOC solvent used for coating equipment cleanup. e. Using Conventional and other Restricted Use Guns; Red Tag: In addition to the uses of restricted-use guns allowed under subsections 302.2 a., b., and c., a person may use a conventional air-atomized or other restricted use gun to apply coatings exceeding 1 lb VOC/lb if all the following conditions are met: (1) The volume of such coating applied in this way is less than 5% of the total volume of coating applied at the facility; (2) Each gun has a red tag when spraying materials exceeding 1 lb VOC/lb. Requirements for gun tagging are in Section 403; (3) A log shall be kept pursuant to subsection 501.2c. of the amount of coating used by each such gun. This shall be done daily or each time coating is added to the gun’s coating reservoir; and semi-annual calculation shall be made, pursuant to subsection 501.2. Errata Note 1 e. Using a Conventional or other Restricted Use Gun Identified by a Red Tag: In addition to uses allowed under subsections 302.2 a., b., and c., a person may use a conventional air-atomized or other restricted use gun to apply coatings exceeding 1 lb VOC/lb on the following limited basis: (1) The volume of such coating applied in this way is less than 5% of the total volume of coating applied at the facility. (2) Each gun always has a red tag when applying coatings exceeding 1 lb/lb. Tag requirements are in Section 403. (3) A log shall be kept pursuant to subsection 501.2c. of the amount of coating used by each such gun. This shall be done daily or each time coating is added to the gun’s coating reservoir; and semi-annual calculation shall be made, pursuant to subsection 501.2c. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: The following schedule applies, with exceptions for an Emission Control System provided in Appendix C. 401.1 Sources Emitting 50 TPY: Each facility which has applied for or received a Title V permit, or a permit with an annual VOC limit of 50 tons or more, or which has 1 This errata note is not part of Rule 342. For the reader’s convenience, the second subsection 307.2(e) was an earlier draft of the section not intended to be left in the rule. It will be removed for the next revision of this rule. 342-13 had an aggregate VOC emission to atmosphere after December 31, 1989, of 50.0 tons (45.35 Mg) or more in any calendar year or 300 pounds (136 kg) or more in any day, emitted from wood coating operations and associated cleaning processes shall by May 3, 1996, be in compliance with all requirements of this rule and have submitted a Control Plan. The Control Plan shall set forth the maximum VOC content of each coating-as-applied and provide documentation showing how these values were determined. 401.2 Other Sources: The schedule follows for any wood furniture and/or fixture facility with total VOC emissions to atmosphere in each of the years 1990 through 1995 of no more than 300 pounds (136 kg) in any day and 50.0 tons (45.35 Mg) in any calendar year, emitted from wood coating operations and associated cleaning processes: a. A facility shall be in compliance with all applicable provisions of this rule, except for Section 301 and Section 302 by May 3, 1996. Such facility shall be in compliance with Section 301 and Section 302 of this rule by November 15, 1996. b. Control Plan: A facility which has emitted more than 25 tons of VOC from coating operations in any of the years 1993 through 1995 must submit a Control Plan by August 1, 1996, setting forth the maximum VOC content and copies of the documentation showing how the coating-as-applied values were determined. 402 REGULATORY CLARIFICATION 402.1 Status with Respect to Rules 330 and 336: No wood furniture or fixture-coating operation is subject to Rule 330 or to Rule 336. 402.2 Component Materials That Were Subject To Prior Regulation: The regulatory status of facilities, owners or operators is not affected by the fact that component materials, such as wood composites or paneling, may have been subject to Reasonably Available Control Technology (RACT) or other regulatory requirements in their original manufacture, before their subsequent use by a facility in Maricopa County. 402.3 Other Rules: Nothing in this rule exempts a person from complying with the NESHAP (National Emission Standards for Hazardous Air Pollutants) for coating wood furniture and fixtures or from complying with any other applicable Federal, states, and local laws or regulations. 402.4 Coating Over Wood Coating(s) The Same As Coating Onto Wood: The VOClimits for finishing materials given in subsection 301.1 of this rule apply to such coatings whether applied directly onto any area of wood-product substrate or on any intermediate layer(s) of coating on the wood-product substrate. 403 GUN TAGGING REQUIREMENTS: An owner or operator shall use a red 4 squareinch vivid, durable tag, sticker, or painted emblem/label visible on the gun or within 3 ft 342-14 of the gun on the gun’s hose to meet the tagging/labeling requirements of subsection 307.2e. SECTION 500 – MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: An owner or operator shall keep the following records and lists in a consistent and complete manner and shall make them available to the Control Officer without delay during normal business hours. Each record shall be maintained a minimum of five years. 501.1 Current List: a. VOC-Containing Materials: A current list of all VOC-containing material shall be maintained which contains their name or code and their VOC content. Any qualified single resin-layer finish shall be identified as such. b. How to express VOC content: (1) Non-Coatings: Use grams VOC/liter or lb VOC/gal. for reducers, thinners, cleaners, etc. (2) Stains: Use grams VOC/liter or lb VOC/gal. (3) Topcoats and Sealers: Use either lbs VOC/lb solids or g VOC/liter (lb VOC/gal), except: (a) Any topcoat or sealer sprayed with a conventional or other restricted use gun shall be expressed in lbs VOC/lb solids. (b) Two VOC content values must appear for each topcoat and each sealer that is expressed as grams VOC per liter or pounds VOC per gallon: both grams VOC/liter (lb VOC/gal) including water and non-precursor organic compounds, and grams VOC/liter (lb VOC/gal) less water and non-precursor organic compounds. (4) Other Coatings: Use grams/liter (or lb/gal), or lbs VOC/lb solids for coatings that are neither sealers nor topcoats, such as washcoats, glazes, etc. c. Acceptable Format: VOC-containing materials shall be listed neatly and completely. The following is an example of an acceptable method: Example: Identify and list each VOC-containing material in one of the following 6 categories: 1. topcoats; 2. sealers; 3. catalyst/hardeners; 4. diluents, such as reducers, coating solvents and thinners; 5. cleaning and stripping solvents; and 6. other VOC-containing materials. Next to each material, record the VOC-content found on the container, an MSDS, an invoice, or other source. d. Mix ratios: A current list shall be maintained of the manufacturer's recommended mix ratio of components, including but not limited to adding reducers and catalyst/hardeners, except when the manufacturer has no recommendations for any additions. 342-15 501.2 Schedule for Recording Material Usage: a. Daily Updates for Non-Compliant Material: The amount of each day’s use of each topcoat, sealer or booth material that exceeds applicable VOC limits of Section 301 or Section 304 shall be totaled and logged by the end of the following workday. VOC content shall be entered for each such material. b. Monthly Update for Materials Compliant with Sections 301 and 304: By the end of the following month, an owner or operator shall update the following records for each month: (1) For each topcoat and sealer to which reducer is added at any time after its arrival at a facility, enter the VOC content in lb VOC/lb solids or in grams/liter (lb/gal) less water and non-precursor organic compounds. (2) The amount of coating, the amount of catalyst/hardener, and the amount of reducer/coating diluent used. (3) The quantity and type of organic solvent used each month for stripping and cleaning. (4) The quantity of organic solvent disposed of offsite during the month just ended. (5) Exception: Update yearly the totals of the usage of each VOC-containing material known to be used in amounts less than 15 gallons (57 liters) per year. c. Semi-Annual Updates of Coatings Applied with Restricted Use Gun: Records associated with the Section 302 limitations on the use of conventional air-atomized spray equipment and other restricted-use guns shall be kept. These records shall show for each semi-annual period the volume (VR) of finishing materials exceeding solids (1 lb VOC/ lb solids) (1 kg VOC/kg solids) applied with conventional air-atomized spray guns and other restricted use guns. In addition, the total volume of all finishing material (AMV) used throughout the facility shall be determined. The total volume (VR) so applied over the previous six-months is divided by the total of all coatings used in the same period (AMV) and these calculations and the result are entered in the log. 501.3 Disposal/Recovery: An owner or operator shall keep records of disposal/ recovery of all VOC-containing materials. 502 COMPLIANCE DETERMINATION – TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule, as determined by any of the applicable test methods, constitutes a violation of this rule. 502.1 Measurement of VOC content, pursuant to the VOC-limits of subsections 301.1, 301.2, and 302.2, and subsections 304.1 and 307.2c., shall be conducted and reported in accordance with EPA Test Method 24 (40 CFR 60, Appendix A). 342-16 Acetone content shall be determined within the context of Method 24 by EPA Method 311 or other method acceptable to EPA. Multi-part coatings including those with reactive diluent(s) shall be tested by Method 24 procedures. 502.2 Measurement of air pressure at the center of the spray gun tip and air horns of a conventional air-atomized spray gun (reference Section 302) shall be performed using a device in proper working order supplied by the gun's manufacturer for performing such a measurement. 502.3 Measurement of mil thickness to determine compliance with single resin-layer finish parameters in Section 227 and subsection 307.2c. shall be performed by draw bar and calculations using the weight and area of the film and the density of the cured coating solids, by a Tooke Inspection Gage according to the instructions of its manufacturer, or by other means used for the purpose by a major coating manufacturer's laboratory or quality control. 342-17 APPENDIX A TO RULE 342 AN AVERAGING ALTERNATIVE a. Purpose: The averaging provisions of this Appendix to Rule 342 allow the owner or operator of a furniture coating facility, which meets eligibility requirements, increased options in choosing coating types. These provisions expand the range of the allowable VOC contents of coatings while limiting overall VOC emissions to amounts less than would be emitted at the VOC-content limits of subsection 301.1 of this rule. b. Eligibility to apply: The owner or operator of any furniture coating operation, reasonably capable of annually emitting more than 25 tons of VOC and having at least one of the following four statuses with respect to VOC emissions, may apply to average: (1) Has emitted more than 25 tons (21.7 Mg) of VOC in any year since 1989 and has a Maricopa County Air Quality Permit or is under consideration for such permit by the Control Officer; (2) Has in its permit a VOC-emissions limit of 50 tons or more; (3) Has applied for or received Title V status. c. How to apply: An applicant shall submit a request for eligibility to the Control Officer. This request shall include a summary of the chief reasons for requesting eligibility for averaging. (1) The Control Officer shall provide a brief questionnaire eliciting responses intended to reveal whether the operator has sufficient understanding and preparation to successfully average. This questionnaire shall require a sample of their intended recordkeeping format along with calculations containing the expected amount and VOC-contents of coatings intended to be used in averaging. (2) The Control Officer may request confirmation, correction, or clarification from the owner or operator for responses to the questionnaire that are questionable; that appear unclear, erroneous, incomplete, or non-pertinent, or for which there is contrary evidence. (3) The owner or operator shall submit a correctly completed questionnaire, signed by a responsible officer of the facility, no later than 14 calendar days prior to the first day of averaging. (4) Control Officer approval of the completed questionnaire shall constitute an acceptance of application for minor permit revision. The Control Officer may request additional information characteristically required for minor revisions to the permits of wood furniture coaters as a class. (5) Control Officer approval does not necessarily constitute satisfaction of all federal requirements nor preempt the EPA Administrator’s asserting a right of approval. d. Definitions of terms used in an averaging regime: (1) CREDIT CONSUMING COATING (EXCEEDING COATING) – In an averaging regime, coating with average VOC content exceeding the neutral point for its particular coating type, such as topcoat, sealer, etc. A credit consuming coating requires the use of 342-18 credit generating coating(s) in order that the combination of all coatings in use will not exceed the limit set by the left side of the averaging formula. (2) CREDIT CONSUMING PIECE/EXCEEDING PIECE – In an averaging regime, a piece of furniture which is a member of a model-line of furniture receiving such a high proportion of credit-consuming coating that when the VOC contents and coating quantities received by the model-line, are entered into an averaging formula of Section i., the sum yielded by the right side of the formula is consistently larger than the sum yielded by the left side of the formula. (3) CREDIT GENERATING COATING – A coating which has VOC content well below the neutral point and, thus, is used in an averaging regime to create surplus VOC credit(s) to offset the excess emissions of particular credit consuming coating(s). (4) CREDIT GENERATING PIECE – In an averaging regime, a piece of furniture which is a member of a model-line of furniture receiving so much credit generating coating that when the VOC contents and coating quantities, received by the model-line, are entered into an averaging formula, the sum yielded by the right side of the formula is consistently less than the sum yielded by the left side of the formula. (5) NEUTRAL POINT – The particular number representing the VOC content of a particular coating type having the mathematical property that if it is included in an averaging formula it has no effect on the numerical results of the formula, regardless of how much of the coating is used. The neutral point VOC content for each affected coating-type is as follows: Using Formula 1: Topcoat neutral point - 0.72 kg VOC/kg coating solids. (Stains, sealers, etc. do not appear in Formula 1) Using Formula 2: The neutral point VOC content for each of the 5 types of coating in Formula 2 is as follows: Topcoat - 1.62 kg VOC/kg solids; sealer coat - 1.71; washcoat - 8.1; basecoat - 1.08 The neutral point for stains is expressed in kilograms VOC per liter of coating - 0.712 kg VOC/liter e. Basic requirements for all averaging regimes: (1) Entire workdays: Averaging regimes must be in place for no less than an entire 24 hour period and at all times during such 24-hour period. Normally, a workday will be the calendar day in which work commences. However, an owner or operator may designate in writing a workday schedule beginning and ending at a specific time between 12 midnight and 4:30 AM if the last shift normally ends between midnight and 4:30 AM, unless the Control Officer issues written disapproval. The times of the averaging workday may be changed if written notification has been given the Control Officer at least five workdays before the start of the intended new schedule, and no communication of disapproval has been issued within this time by the Control Officer. 342-19 (2) Averaging applies plant-wide: An averaging regime applies throughout a facility to all production furniture coating occurring during all 24 hours of a workday for which an averaging regime is declared. (3) No exemption for single resin-layer finishes or acid-cured, alkyd amino coatings: (a) In averaging regimes using Formula 2, for surfaces which receive in total only one application of film building coating, the neutral point for that coating shall be the same as that for a sealer, 1.71 kg VOC/kg solids, and it shall be totaled with sealers in the averaging formula. (b) Acid-cured, alkyd amino coatings, with or without vinyl chemistry, shall have the same neutral points in Formula 2 as do other sealers and topcoats (1.71 and 1.62, respectively) and shall be totaled in with the other sealers and topcoats in Formula 2. (4) Identifying credit consuming models: Each furniture/finish model must be identified which on average does not by itself (i.e., by the combination of all coatings it receives) meet the applicable averaging formula (and must be offset by models whose coatings generate VOC credits). The model name and/or code of each credit consuming model must be identified in a permanent record for that purpose, along with a designation indicating that the model produces excess emissions. This designation can be the average grams of VOC above the formula limit, the maximum grams above the limit, number of exceeding grams at the first standard deviation, relative risk, or other term(s) created by the owner or operator that fulfill this purpose for the facility. (5) Exemption for physically separated lines: (a) At the Control Officer’s discretion, an exemption from the requirement that the entire facility participate when an averaging regime is in effect can be granted for an additional coating line if: Such a coating line is both physically separate from the operations involving averaging and all monitoring, recordkeeping, and coating equipment including coating reservoirs are kept separate from the monitoring, recordkeeping and coating equipment participating in an averaging regime. The burden of demonstration is on the owner or operator that there is no significant risk of confounding enforcement, monitoring, recordkeeping, and equipment activities between the lines. (b) Dual averaging regimes: A facility which has received such a subsection e.(5)(a) exemption has the option of running each separated line using an averaging regime. However, all requirements of this rule must be complied with by each separated line. (6) Declaration of averaging: On any day of a Control Officer presence at a facility permitted to average, the owner or operator shall correctly announce without delay whether an averaging regime is currently in effect, and on an averaging day shall also forthwith supply a listing of each coating participating in the averaging formula, along with the VOC content and the coating category of each. f. Recordkeeping and monitoring: In addition to the requirements of Section 501 of this rule, an owner or operator shall do the following: (1) Daily list the components: Prior to applying any coating on an averaging day, a list shall be made of each coating name/code to be used that day in the averaging formula and its 342-20 expected VOC content as applied. This list shall be available to the Control Officer without delay. (2) Daily calculation deadline: After each day using averaging, an owner or operator shall determine the results of averaging for that completed production day by midday on the next workday. These results shall be put into hardcopy in the same format that the owner or operator used in the approved application questionnaire. Some other format may be used if the Control Officer has given the format approval before beginning averaging. (3) Log in: An owner or operator shall arrange and keep the hardcopy results of each day’s averaging in a form that allows the results of each averaging day within the 13 months prior to a Control Officer visit to be accessed by the Control Officer without delay. (4) Content of weekly summary of production-coating: By the end of the first shift of the workweek, totals for the workweek just completed shall be compiled as follows: (a) For each model and color, the total number of furniture pieces coated; (b) The name and quantity applied for each stain, washcoat, basecoat, sealer, topcoat, and diluent recorded. The quantity of stain shall be expressed in liters; the quantity of the other coatings expressed in kilograms; (c) The VOC content for each such coating and diluent, expressed in kg VOC/kg solids; and the non-precursor organic compound (NP) content of each, expressed either in kg NP/kg solids or kg NP/kg coating-including-NP shall be recorded, except that the VOC content of each stain shall be expressed in kg VOC per liter of coating, including any water or non-precursors. (d) Monthly totals for non-averaged coatings: For coatings that do not participate in the averaging formulas, the total kilograms used shall be updated monthly. Coatings of the same type may be totaled together under a single VOC-content value if their VOC contents are within ± 2% of that value. (5) Handling unavoidable data loss and data processing equipment malfunctions: An owner or operator shall put an accounting system in continual effect that allows the retrieval or reconstruction of data. When data required by this rule is lost, the Control Officer shall be notified forthwith and such data shall be reconstructed and due calculations completed within two facility workdays. The Control Officer may request that a hardcopy of the retrieved information be provided him/her by the same clock time, two workdays hence. (6) Report submittal schedule: (a) Semi-annual reports: An owner or operator shall submit a summary of the records, including all exceedances, by July 20 for the first half of the year and by January 20 of the following year for the second half. Included shall be certified data sheets for coatings whose VOC content is determined by the supplier and not directly by the facility, and a statement that the coatings for which certified data sheets are submitted were the coatings actually used. All the foregoing shall be certified to and signed by a responsible official of the facility. 342-21 (b) Initial compliance report: Within 60 days after the third day ever of averaging, an owner or operator shall submit a report to the Control Officer containing all the elements required by subsection f.(6)(a) above. g. Test procedures and requirements: (1) An owner or operator shall cause to be performed EPA Method 24 tests on a sample of each coating intended to be used in an averaging regime, prior to using such coating in any averaging regime. These samples shall be taken at three levels of dilution: prior to adding any diluent; with the minimum weight of solvent/diluent typically used; and with the maximum weight of solvent/diluent expected ever to be needed. (2) An acetone determination shall be made in conjunction with Method 24 using EPA Method 311 or other method approved by EPA at the three dilution levels stipulated in subsection g.(1). (3) The status of Certified Product Data Sheets: After the initial Method 24 tests pursuant to subsection g.(1), an owner or operator may substitute the specific certified product data sheet, based on Method 24, for any coating for any of the three levels of dilution stipulated in subsection g.(1), in lieu of directly overseeing the Method 24 tests. (a) However, a certified product data sheet is not valid and shall not be submitted if it is neither for a dilution level in subsection g.(1) nor for the actual dilution level of a coating as applied during averaging. (b) When the results of a Method 24 test, performed pursuant to a Control Officer initiative or directive, differ from the certified product data sheet, the Control Officer may require an owner or operator to have Method 24 tests conducted at a testing facility agreed to by the Control Officer and may require that the results of such tests be the values used in calculating averages. h. Sanctions: (1) If an exceedance of the limits of an averaging formula is determined to be in violation of this rule, at least two violations may be charged: at least one violation for exceeding the limits in subsection 301.1 and a separate violation for exceeding the limit determined by the averaging formula in Section i. of this Appendix. Unless the Control Officer chooses otherwise, the number of violations issued for an exceedance of an averaging limit shall be one greater than the number of exceeding coatings participating in the averaging formula. Each day the average is exceeded will be counted as a separate incident. (2) Continuance: The Control Officer may disallow an owner or operator the continuance of averaging at a facility which has failed to comply with one or more provisions of this Appendix on three separate days in any period of 12 consecutive months, or which has been found guilty of a major violation of such provisions, except as prohibited by other rule or statute. i. Two averaging formulas: The following are the two mathematical formulas from which one may be chosen to be used for an averaging regime. 342-22 (1) If topcoats consistently average less than 0.72 kg VOC per kg solids on a mass-solid basis, an owner or operator may use Formula 1. (2) For other coating systems using averaging, Formula 2 shall be used. where: n = = TCi SEi = WCi = BCi = = STi ERTCi = ERSEi = ERWCi = ERBCi = ERSTi = number of finishing materials participating in averaging; kilograms of solids of topcoat i used; kilograms of solids of sealer i used; kilograms of solids of washcoat i used; kilograms of solids of basecoat i used; liters of stain i used (water and any non-precursor content are not subtracted); VOC content of topcoat i in kg VOC/kg solids, as applied; VOC content of sealer i in kg VOC/kg solids, as applied; VOC content of washcoat i in kg VOC/kg solids, as applied; VOC content of basecoat i in kg VOC/kg solids, as applied; and VOC content of stain i in kg VOC/liter, as applied. j. Pre-RACT coating use is limited: If a coating was used before 1993, and is still used for the same purposes, and it had a VOC content then which is lower than the neutral point for that coating type, then that coating may only be used in the averaging equation if the coating is now lower in VOC than before 1993. If that coating is used in averaging, the left side of the averaging formula must reflect the pre-RACT VOC content and not the current RACT neutral point for that type of coating. To effect this, additional mathematical terms must be added, one on the left and one on the right side of the formula. For example, if one can prove one used a high solids topcoat at 1.5 kg VOC/kg solids before 1993 (the year regulation negotiations began) and now thin the same product less so that it is consistently less than 1.5 kg/kg, one can enter it as a separate term. It appears in the formula below as “1.5(TU)” where TU stands for the total kilograms of solids of this unique topcoat used during an averaging day. TU appears on both sides of the inequality sign. ERu is the actual VOC content that was in this unique topcoat on a particular averaging day. Along with this, the meaning of the term (TCi) becomes slightly altered to mean the total topcoat solids used of every other topcoat beside the unique topcoat U: 342-23 Similarly, any other unique coatings that meet such requirements and are used in averaging must each have its own set of two terms inserted into the averaging formula. Moreover, once a pre-RACT coating is used in averaging, the term for its VOC content must stay in the equation as long as that pre-RACT coating is used, even if one later needs to raise the VOC content of the pre-RACT coating to a level above its historical VOC content. 342-24 APPENDIX B TO RULE 342 A SHORT-FORM OPTION a. Applicability: This Appendix B to Rule 342 only applies to operators of facilities which have a permit or permit modification limiting VOC emissions from all wood furniture and millwork coating to less than 10 tons, and the permit or Control Officer states in writing that this Appendix B applies. For those facilities for which this Appendix B does apply, no provisions within Sections 301 through 501, inclusive, shall be used to substitute for provisions in this Appendix B. Facilities subject to this Appendix B are also subject to all of Sections 100, 200, and 502. b. Definitions: For the purposes of this Appendix B, the following definition shall apply: (1) MINUS EXEMPT MATERIALS (MINUS EXEMPTS) – Means the same as “less water and non-precursor organic compounds” in specifying VOC content. c. VOC Limits for Topcoats and Sealers (1) The Principal VOC Limits – Meet either the lbs VOC/lb solids limit or the lbs VOC/gal, minus exempts, limit: All sealers and topcoats: 2 lbs VOC/lb OR 5.45 lb VOC/gal (2) VOC Tradeoff Options: These 2 options each requires special conditions. (a) Low VOC topcoat with Higher VOC Sealer: Low VOC topcoat: 0.8 lb/lb OR 3.83 lb/gal limit for topcoat Higher VOC sealer: no VOC limit for sealer under such topcoat. (b) One-step finish: Higher VOC combination sealer and topcoat: 3 lb/lb OR 6.0 lb/gal limit The 2 Conditions: i. A single wet application of either sealer or topcoat (not both) ii. Thickness of the dry finish cannot exceed 3 dry mils, as determined by the test method in subsection 502.3. d. Spray Method Requirements: (1) Have guns with higher transfer: If you spray coating having over 1 lb VOC/lb you must use and have in evidence for an inspector at least one of the following onsite: • • • Low pressure gun with less than 12 psig at tip. Examples: pure HVLP gun; a turbine gun. Airless; includes air-assisted airless. An electrostatic system. (2) Green Tag Option – Restriction on conventional guns and other restricted use guns: (a) Green Tag Requirements: A conventional air-atomized or other restricted use gun shall have a durable and visible green tag, sticker, or painted emblem, no less than 4 square inches in area on the gun or within 3 ft of the gun on the gun’s hose, or the 342-25 facility is in violation. But, such a tag is not required at a facility having and using only coatings which contain less than 1 lb VOC/lb solids as applied. Coatings which have less than 4.30 lb VOC/gal (515 g/l) minus exempt materials also meet this requirement. (b) Prohibition: No coating over 1 lb VOC/lb solids may be applied with a conventional air-atomized or other restricted use gun. This prohibition includes, but is not limited to, traditional lacquers, washcoats, and low-solids stains. (“Conventional air-atomized gun” is defined in Section 208. “Restricted use gun” is defined in Section 225.) (3) Exemptions From VOC and Spray-Method Limits: Prepackaged aerosol spray in cans under 22 fl. oz., faux & metal-leaf finish are exempt from Appendix B’s subsections c.(1) and (2) and d.(1) and (2) as is any refinishing operation necessary for preservation, to return furniture to original condition, to replace missing furniture items to complete a matching set, or to produce custom replica furniture. But nothing exempted by the previous sentence is exempt from inventory of VOC emissions or from other provisions of this Appendix B. e. Housekeeping Functions: (1) Keep Coatings, Cleaners, & Waste-materials Covered: Coatings and cleaners not in use, as well as waste coatings, cleaning materials including solvent-dipped rags, and solvent used to clean spray equipment must be collected into a closed container or a container which is closed immediately after receiving such material. (2) Booth Cleaning: If booth/components other than metal filters are cleaned with solvent, no solvent which is more than 3.8 lb/VOC per gallon (455 g/l) shall be used. However, up to 1 gallon of solvent over 3.8 lb VOC/gal may be used for cleaning a booth as part of replacing coating on the booth. f. Records: Keep a list of all VOC containing material with the name and amount of VOC in each: Express VOC content either as lb/lb or lb/gal. For topcoat and sealer contents which are expressed in lb VOC/gal, this must be minus water and non-precursors. (1) If you ever do your own reducing or thinning of a sealer or topcoat: Keep a list of the maximum VOC content of any material after you thin it or add any additives at your facility. (2) Keep receipts for 5 years of the amount received for each VOC-containing material and of the amount of all VOC-waste materials sent for recycling or hazardous waste collection. (3) What To Record And How Often: Record the amount in the following 4 categories, (a) to (d), noting either the amount “used” or the amount “received” since your last records update: (a) All coatings including topcoats, sealers, stains, etc., including all parts, catalysts, activators, additives, hardeners; (not reducers). If you use conventional guns at all, total separately the coatings having less than 1 lb VOC/lb; (b) All reducers and diluents to be used for reducing or diluting coatings (not cleaning); 342-26 (c) All solvents, strippers, thinners, and VOC-containing materials used for cleaning and cleanup (not reducing); and (d) All other VOC containing materials connected with wood coating. Omit janitorial & building maintenance. (e) How Often to Update Your Records: Update the above items in (a), (b), (c), and (d) weekly if your total monthly use of all coatings and diluents [(a) + (b)] is 250 gallons or more. Otherwise, update monthly. You may record just once a year those types of materials you use less than 15 gallons of. Example: I use 5 kinds of graining ink. Added all together, I use 14 gallons of all graining ink combined: I only have to update my graining inks once a year. 342-27 APPENDIX C TO RULE 342 ALTERNATIVE COMPLIANCE WITH SECTION 301 VOC-LIMITS AND/OR SECTION 302 SPRAY-METHOD RESTRICTIONS BY USING AN EMISSIONS CONTROL DEVICE a. Eligibility: A person is allowed to meet the VOC limits of either or both subsections 301.1 and 301.2 by using an ECS which reduces VOC emissions overall, including capture and processing, by at least 81 percent by weight. Such an ECS may also be used to comply with subsection 302.2 spray method provisions. b. Operation and Maintenance (O&M) Plan Required for ECS: (1) The owner or operator of an emission control system (ECS) used to meet the requirements of Section 301 of this rule shall provide the Control Officer with an Operation and Maintenance (O&M) Plan. This O&M Plan shall specify key system operating parameters, such as temperatures, pressures and/or flow rates, necessary to determine compliance with this rule, and describe in detail procedures and their frequency of implementation needed to maintain the ECS. (2) The Control Officer's written approval of the O&M Plan is required. The owner or operator shall consistently implement all provisions of the O&M Plan. (3) Changes in frequency: Changes involving reduction in the frequency or extent of procedures or parameters in a Control Officer-approved O&M Plan shall have the written consent of the Control Officer prior to being implemented. (4) Other Changes: An updated O&M Plan must be submitted to the Control Officer for review within 10 days of any changes not involving reduction in frequency or extent of procedures or parameters of an approved O&M Plan. Within five working days of a written disapproval of such changes, either the original O&M Plan shall be reinstituted or an alternative plan, negotiated with the affected facility and approved in writing by the Control Officer, shall be instituted. c. Providing And Maintaining ECS Monitoring Devices: Any person operating an emission control system (ECS) pursuant to subsection 301.3 of this rule shall install, maintain, and calibrate monitoring devices described in the O&M Plan submitted to the Control Officer pursuant to subsection b. of this appendix. The monitoring devices shall measure temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly. (1) ECS Operation and Maintenance Records: On each day that an ECS is used to comply with Section 301 of this rule, an owner or operator shall make a permanent record of the operating parameters of the key systems described in the O&M Plan. For each day or period in which the O&M Plan requires that maintenance be performed, a permanent record shall be made of the maintenance actions taken, within 24 hours of maintenance completion. An explanation shall be entered for scheduled maintenance that is not performed during the period designated in the O&M Plan. 342-28 (2) Other Records Required When Complying Via ECS: An owner or operator choosing to meet the requirements of Section 301 through the use of an ECS shall maintain, in addition to the monthly records required by subsection 501.2: (a) Daily documentation showing the VOC content of the finishing material, as applied, in pounds VOC/pound solids when solvent or other VOC is added to the finishing material before application. (b) Daily records showing the amount of coating, the amount of catalyst/hardener, and the amount of solvent, reducer, and/or diluent used. d. Compliance Schedule for ECS: An owner or operator of a furniture coating facility shall have such facility in compliance per the following schedule. Total VOC emissions is the total VOC from all wood coating operations and associated cleaning processes. It includes millwork coating. (1) Sources Emitting 50 TPY: Full compliance with all applicable requirements of this rule shall be by November 15, 1996 if such facility has applied for or received a Title V permit, its permit has a VOC-emissions limit of 50 tons or more, or which has had an aggregate VOC emission to atmosphere after December 31, 1989, of 50.0 tons (45.35 Mg) or more in any calendar year or 300 pounds (136 kg) or more in any day. In addition, an owner or operator shall provide the Control Officer with: (a) Both proof of a binding contract for an ECS and a compliance plan by June 3, 1996, listing dates of completion of increments of progress toward meeting the requirements of subsection 301.3 of this rule. (b) An O&M Plan for the ECS by November 15, 1996. (2) Other Sources: A facility shall be in compliance with Section 302 by November 15, 1996 and with Section 301 by January 15, 1997 if its total VOC in each of the years 1990 through 1995 of less than 300 pounds (136 kg) in any day and 50.0 tons (45.35 MG) in any calendar year. In addition, the owner or operator shall provide the Control Officer with: (a) Both proof of a binding contract for an ECS and a compliance plan by June 3, 1996, listing the dates of completing the increments of progress toward meeting the requirements of the subsection 301.3; and (b) An O&M Plan for the ECS by January 2, 1997. e. Test Methods for an ECS (1) Control efficiency of an emission control device used to meet the requirements of Section 301 shall be determined according to EPA Reference Method 25 or an applicable submethod of Method 25 (Title 40, CFR Part 60, Appendix A). (2) EPA Method 18 shall be used if specified by the Control Officer when a non-precursor organic compound is present in the input of a control device used to meet the requirement of Section 301. (3) Capture efficiency of an emission control device used to meet the requirements of Section 301 shall be determined by mass balance in combination with ventilation/draft 342-29 rate determinations done in accordance with subsection e.(4), following, or according to "Guidelines for Determining Capture Efficiency" January 9, 1995, Candace Sorrell, Source Characterization Group A, Office of Air Quality Planning and Standards, US EPA. This EPA document is available at 2406 South 24 Street, Suite E-214, Phoenix, Arizona, 85034, or call (602) 506-6700 for information. (4) Ventilation/draft rates of an emission control device used to meet the requirements of Section 301 shall be determined by EPA Methods 2, 2A, 2C, or 2D. 342-30 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 343 COMMERCIAL BREAD BAKERIES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 AFFECTED FACILITY 202 APPROVED EMISSION CONTROL SYSTEM 203 AVERAGE DAILY EMISSIONS 204 BASE YEAR 205 BREAD 206 CONTROL PLAN 207 EXISTING OVEN 208 LEAVEN 209 NEW OVEN 210 OVEN 211 PROOF BOXES 212 VOLATILE ORGANIC COMPOUND SECTION 300 - STANDARDS 301 LIMITATIONS - EXISTING BAKERY OVENS 302 LIMITATIONS - NEW OR MODIFIED BAKERY OVENS 303 OPERATION AND MAINTENANCE (O&M) PLAN 343.1 SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE 402 INFORMATION REQUIRED TO BE INCLUDED IN AN EMISSION CONTROL PLAN 403 EFFECTIVE DATE SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES 502 RECORDKEEPING AND REPORTING 503 RECORDS RETENTION 504 COMPLIANCE DETERMINATION - TEST METHODS 343.2 Adopted 02/15/95 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 343 COMMERCIAL BREAD BAKERIES SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds (VOCs) from bread ovens at commercial bread bakeries. 102 APPLICABILITY: The provisions of this rule shall apply only to commercial bread bakeries whose total VOC emissions exceed 25 tons per year after December 31, 1989. This rule shall not apply to any facility or equipment used exclusively for the production of bakery products leavened chemically in the absence of yeast. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 AFFECTED FACILITY - With reference to a stationary source, any apparatus to which a standard is applicable. 202 APPROVED EMISSION CONTROL SYSTEM - A system for reducing emissions of organic compounds, consisting of both collection and control devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. 203 AVERAGE DAILY EMISSIONS - The product of the total calendar year emissions divided by the number of days the oven was employed for production during that year. 204 BASE YEAR - The calendar year 1990 or any subsequent calendar year in which the average daily emissions equal or exceed 192 lbs. or more per day. 205 BREAD - A perishable foodstuff prepared from yeast-leavened dough whose primary ingredients are flour, water, and yeast which is baked into loaves, buns, or rolls. 343.3 Note 1 206 CONTROL PLAN - A written report describing the method to be used to achieve full compliance. The control plan shall, at a minimum, contain all information required in Section 402 of this rule. 207 EXISTING OVEN - Any oven which was installed before May 1, 1995. 208 LEAVEN - To raise a dough by causing gas to thoroughly permeate it through the use of a fermentation-producing agent such as yeast or baking powder. 209 NEW OVEN - Any oven which was installed on or after May 1, 1995. 210 OVEN - A chamber used to bake by means of heat, typically from the combustion of natural gas or propane. This does not include proof boxes. 211 PROOF BOXES - A warm, typically 100° Fahrenheit, humid chamber where yeastleavened dough is allowed to rise to the volume desired for baking. 212 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound, excluding the following organic compounds which have been designated by the EPA as having negligible photochemical reactivity: methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane; trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-22); 1,1,2-trichlorotrifluoroethane (CFC-113); 1,2-dichlorotetrafluoro ethane (CFC-114); chloropentafluoroethane (CFC-115); trifluoromethane (CFC-23); 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 1,1-dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-142b); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; all completely fluorinated, completely saturated: alkanes, ethers and tertiary amines; sulfur-containing perfluorocarbons with no unsaturations, no hydrogen, and with sulfur bonds only to carbon and fluorine. 1 This note is not part of Rule 343, but is included for the reader’s convenience. The current list of exempt organic compounds is in Rule 100, Section 200, in the definition of Non-Precursor Organic Compound. 343.4 SECTION 300 - STANDARDS 301 LIMITATIONS - EXISTING BAKERY OVENS: On or after November 15, 1995, no person shall use an existing oven, with annual VOC emissions of 25 tons and/or a base year average daily VOC emissions of greater than 192 lbs., unless the VOC emissions from the oven are reduced by at least 81 percent. This may be accomplished through the use of an approved emission control device or bread-making and/or baking process changes. 302 LIMITATIONS - NEW OR MODIFIED BAKERY OVENS: No person shall operate a new or modified oven with potential, annual VOC emissions of 25 tons and/or average daily VOC emissions of 192 lbs., unless the VOC emissions from the oven are reduced by at least 81 percent. This may be accomplished through the use of an approved emission control device or bread-making and/or baking process changes. A person choosing to comply with this rule through the use of bakery process changes shall use a VOC E.F. value of 5.5 pounds per ton (Reference Figure 1.) 303 OPERATION AND MAINTENANCE (O&M) PLAN: The owners or operators of an approved emission control system used to meet the requirements of this rule shall provide the Control Officer with an O&M Plan. This Plan shall specify key system operating parameters, such as temperatures, pressures and/or flow rates, necessary to determine compliance with this rule and describe in detail procedures to maintain the approved emission control system. The Control Officer's written approval of this Plan and the implementation of this Plan shall be required for compliance with this rule to be achieved. Note 2 SECTION 400 - ADMINISTRATIVE REQUIREMENTS Note 3 401 COMPLIANCE SCHEDULE: 401.2 402 By May 1, 1995, any person subject to Section 301 shall submit for the Control Officer's approval an emission control plan describing the method to be used to achieve full compliance by November 15, 1995. The plan shall, at a minimum, include all information required in Section 402 of this rule. The Control Officer may require a person submitting such emission control plan to submit subsequent reports on progress in achieving compliance. INFORMATION REQUIRED TO BE INCLUDED IN AN EMISSION CONTROL PLAN: 2 This note is not part of Rule 343, but is included for the reader’s convenience. An “approved emission control device” is the same as an “approved emission control system” as defined in Section 202 of this rule. The abbreviation “E.F.” means “emission factor”. 3 This note is not part of Rule 343, but is included for the reader’s convenience. There is a formatting error: there is no subsection 401.1; subsection 401.2 should be simply Section 401. 343.5 403 402.1 Name(s), address(es), and phone number(s) of the owner of the bakery, of person(s) responsible for the preparation, submittal and implementation of the emission control plan and of person(s) responsible for the baking operations; and 402.2 Complete and accurate calculations of the bakery's base year total VOC emissions from each affected oven by following emissions inventory calculations provided by the equation in Figure 1; and 402.3 Complete and accurate calculations of the bakery's total VOC emissions from each affected oven after the proposed breadmaking and/or baking process changes found in the emission control plan. These calculations shall be done by following the emissions inventory estimation provided by the equation in Figure 1. The emission control plan shall demonstrate that the reduction in emissions is a result of the breadmaking and/or proposed baking process changes' effect on the variables in the equation in Figure 1; or 402.4 Complete and accurate calculations of the bakery's total VOC emissions from each affected oven based on the proposed emission control system described in the emission control plan. The emission control plan shall also specify dates for completing increments of progress, such as the contractual arrival date of new control equipment. EFFECTIVE DATE: May 1, 1995. The provisions of this rule shall become effective on SECTION 500 - MONITORING AND RECORDS 501 PROVIDING AND MAINTAINING MONITORING DEVICES: Any person operating an approved emission control system pursuant to this rule shall properly install and maintain in calibration, in good working order and in operation, devices described in an approved O&M Plan for indicating temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained. 502 RECORDKEEPING AND REPORTING: Any person subject to this rule shall maintain records which comply with the following requirements. Any records required by this rule shall be kept in a legible, consistent and complete manner. 502.1 Records for operation and maintenance of an approved emission control system shall include a record of the times an approved emission control system is operating, daily records of the O&M Plan's key system operating 343.6 parameters and a log of all maintenance performed according to the O&M Plan. 502.2 Records for the institution shall include: a. Formula number; b. Initial baker's percent of yeast, Yi (nearest one-tenth of a percent); Note 4 c. Total ferment time (in hours, nearest one-tenth of an hour - begins with first mixing of yeast with the dough or sponge); d. Yeast spike as baker's percent of yeast (nearest one-tenth of a percent); e. Spike time (in hours, nearest one-tenth of an hour); f. Ethanol emission factor (lbs/ton); g. Daily records of production (tons) and corresponding formula; h. Quarterly records of ethanol emissions (tons). 503 RECORDS RETENTION: Copies of control plans, operation and maintenance records and any other documentation required by this rule shall be retained by the permittee for at least three years. 504 COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in the rule determined by any of the applicable test methods constitutes a violation of this rule. 504.1 Measurements of VOC emissions subject to Section 301 and 302 of this rule shall be conducted in accordance with EPA Methods 18 and/or 25 and/or its submethods (40 CFR 60, Appendix A). 504.2 Ventilation/draft rates shall be determined by EPA Methods 2, 2a, 2c, and 2d. Figure 1 VOC E.F. = .95Yi + .195ti - .51S - .86ts + 1.90 4 This note is not part of Rule 343, but is included for the reader’s convenience. Total ferment time ends at the t me the bread enters the oven, as does spike time, also. 343.7 where VOC E.F. = pounds of VOC per ton of baked bread Yi = initial baker's percent of yeast to the nearest tenth of a percent ti = total yeast action time in hours to the nearest tenth of an hour S = final (spike) baker's percent of yeast to the nearest tenth of a percent ts = spiking time in hours to the nearest tenth of an hour Last Formatted - Fall 1997 343.8 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 344 AUTOMOTIVE WINDSHIELD WASHER FLUID INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 AUTOMOTIVE WINDSHIELD WASHER FLUID (WINDSHIELD FLUID) 202 LABEL 203 NON-PRECURSOR ORGANIC COMPOUND 204 PERCENT BY WEIGHT 205 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITATIONS - PERCENT VOC BY WEIGHT 302 EXEMPTION - CONCENTRATED WINDSHIELD PRODUCTS 303 EXEMPTION - OUTSIDE OF MARICOPA COUNTY SECTION 400 - ADMINISTRATIVE REQUIREMENTS (RESERVED) SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION APPENDIX TO RULE 344 APPENDIX A 344.1 FLUID BLANK PAGE 344.2 Adopted 02/15/95 Revised 04/03/96 Revised 04/07/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 344 AUTOMOTIVE WINDSHIELD WASHER FLUID SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds (VOCs) into the ambient air from automotive windshield washer fluid products. 102 APPLICABILITY: This rule applies to any automotive windshield washer fluid product sold or otherwise distributed within Maricopa County. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 AUTOMOTIVE WINDSHIELD WASHER FLUID (WINDSHIELD FLUID) - Any liquid designed for use in a motor vehicle windshield washer fluid system either as an antifreeze or for the purpose of cleaning, washing, or wetting windshield(s), except any such liquid which is placed in a new motor vehicle at the time the vehicle is manufactured. 202 LABEL - Any written, printed, or graphic matter affixed to, applied to, blown into, formed, molded into, embossed on, or appearing upon any product container or package, for purposes of branding, identifying, or giving information with respect to the product or the contents of the package. 203 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt.” A listing of these compounds is found in Rule 100. 204 PERCENT BY WEIGHT - The total weight of a substance expressed as a percentage of the net weight of the product exclusive of the container or package as calculated according to the following equation: Percent by Weight = B x 100 A Where: A = net weight of unit (excluding container and packaging). B = weight of VOCs, as defined in Section 205 of this rule. 344.3 205 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 301 LIMITATIONS - PERCENT VOC BY WEIGHT: No person shall sell, offer for sale, or supply in Maricopa County, Arizona any automotive windshield washer fluid product which, at the time of sale, offering, or supply, contains VOCs in excess of ten percent by weight, unless the person can demonstrate that the windshield fluid meets the exemption in Section 302, or the fluid is destined for use outside Maricopa County, as provided for by the exemption in Section 303. 302 EXEMPTION - CONCENTRATED WINDSHIELD FLUID PRODUCTS: A concentrated windshield fluid (concentrate) is exempt from Section 301 of this rule if the label provides all of the following information: 303 a. That the windshield washer fluid is a concentrate; b. That the contents must be diluted prior to use; c. Specific, clearly designated dilution directions; d. That the freezing point of the undiluted product is not described on the label; and, e. That the dilution ratio of the concentrate shall yield a solution that never exceeds ten percent VOC by weight. EXEMPTION - OUTSIDE OF MARICOPA COUNTY: A person may demonstrate that windshield fluid sold, offered for sale or supplied within Maricopa County is destined for use outside Maricopa County by providing the following documents or information: a. A bill of lading, or b. A properly executed, signed transfer agreement, such as a warehouse receipt, orders for the delivery of goods, and any other documents common in such transactions which in the regular course of business or financing are treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (RESERVED) 344.4 SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE DETERMINATION: Compliance determination may be demonstrated by either one of the options listed below. Copies of the test method listed in subsection 501.2 and found in Appendix A are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. 501.1 Formulation data based upon written certification from the manufacturer specifying the actual weight percentage of VOCs in the windshield washer fluid. 501.2 Test Method: Maricopa County Reference Method #100, which is entitled: “Total Organic Carbon for Windshield Washer Fluids,” as found in Appendix A of this rule. 501.3 Contested Results: The Control Officer may direct the owner or operator to perform the testing method listed in subsection 501.2 if there is reason to believe that the formulation information is incorrect. If there is an inconsistency between the formulation certification and the actual test method results, the test method shall prevail as the definitive method in all cases. 344.5 APPENDIX A Test Method #100 for Determining Total Organic Carbon for Windshield Washer Fluids: 1.0 APPLICABILITY AND PRINCIPLE 1.1 Applicability. This method is applicable for the determination of organic carbon in diluted windshield washer fluids. 1.2 Principle. Organic carbon in a sample is converted to carbon dioxide (CO2) by catalytic combustion or wet chemical oxidation. The CO2 formed can be measured directly by an infrared detector or converted to methane (CH4) and measured by a flame ionization detector. The amount of CO2 or CH4 is directly proportional to the concentration of carbonaceous material in the sample. 2.0 SENSITIVITY AND INTERFERENCES 2.1 Sensitivity. The method is most applicable to measurement of organic carbon above 1mg/L. 2.2 Interferences. All distilled water used in making and/or diluting the samples must be acidified with concentrated phosphoric acid H3PO4 (1 mL of H3PO4/1 L of water) and purged with inert gas (He, N2...) for at least 30 minutes. Inject this water into the Total Organic Carbon analyzer and determine the total concentration (ppm C) of the blank. This method is sufficient for removing most interferences due to inorganic carbon in the water. Do not purge the sample with an inert gas since purging may result in the loss of volatile organic substances. 3.0 APPARATUS 3.1 Blender. samples. Waring-type or similar, for blending or homogenizing 3.2 Total Organic Analyzer. An analyzer capable of measuring carbonaceous material in liquid samples. Consideration should be given to the types of samples to be analyzed, the expected concentration range, and forms of carbon to be measured. 3.3 Volumetric Flasks And Volumetric Pipets. For preparing standard solutions and the windshield washer fluid solutions. 3.4 Glass Bottles. For sample collection and storage. 344.6 4.0 REAGENTS 4.1 Water (H2O). Distilled water used in preparation of standards and for dilution of samples should be ultra pure to reduce the carbon concentration of the blank. Carbon dioxide-free, double distilled water is recommended. Ion exchanged waters are not recommended because of the possibilities of contamination with organic materials from the resins. 4.2 Potassium Hydrogen Phthalate (HOOCC6H4COOK), Stock Solution. 1000 mg carbon/L. Dissolve 0.2128g of potassium hydrogen phthalate (Primary Standard Grade) in distilled water and dilute to 100.0 mL. 4.3 Potassium Hydrogen Phthalate, Standard Solutions. Prepare standard solutions from the stock solution by dilution with distilled water. 4.4 Blank Solution. Use the same distilled water (or similar quality water) used for the preparation of the standard solutions. 5.0 SAMPLE PREPARATION 5.1 Prepare the windshield washer fluid according to the manufacturer's directions. 5.2 Dilute the windshield washer fluids with H2O to be within the calibrated range of the instrument before analyzing. Dilutions of 1 to 100 or greater may be necessary before windshield washer solutions can be analyzed. 6.0 PROCEDURE 6.1 Follow instrument manufacturer's procedure, and calculations. instructions for calibration, 6.2 Calibrate using at least 3 standards. The set of calibration standards should consist of one below the expected concentration, one above the expected concentration, and approximately at the expected concentration. 6.3 Calculate and report the results as mg C/g sample. 344.7 8.0 BIBLIOGRAPHY OF REFERENCE DOCUMENTS: The Control Officer will rely on the following background materials when questions arise in the review and implementation of the test method listed in subsection 501.2: 1. Annual Book of ASTM Standards, Part 31, "Water”, Standard D 257479, p469, (1976). 2. Standard Methods for the Examination of Water and Wastewater, 14th Edition, p 532, Method 505, (1975). 3. Method 415.1, Methods for Chemical Analysis of Water and Wastes, Environmental Monitoring and Support Laboratory, USEPA, Cincinnati, OH 45268, EPA 600/4-79-020. 4. Evaluation of Method 415.1 for Off-set Lithographic Solutions, September, 1992. 344.8 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 345 VEHICLE AND MOBILE EQUIPMENT COATING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 AUTOMATIC GUN-CLEANING MACHINE (GUN CLEANER) 202 AUTOMOBILE/LIGHT DUTY VEHICLE 203 COATING AS APPLIED 204 CONVENTIONAL AIR ATOMIZED SPRAY (SYSTEM) 205 DAY 206 DEPARTMENT 207 DETAILING GUNS AND TOUCH-UP GUNS 208 DILUENT 209 ELECTROSTATIC APPLICATION 210 EMISSION CONTROL SYSTEM (ECS) 211 ENAMEL 212 EXEMPT COMPOUND 213 FLEXIBLE PLASTIC 214 HARDENER 215 HEAVY TRUCK 216 HEAVY DUTY VEHICLE 217 HIGH-VOLUME LOW PRESSURE (HVLP) APPLICATION 218 LACQUER 219 LOW PRESSURE GUN 220 MIXING INSTRUCTIONS 221 MOBILE EQUIPMENT 222 MULTI-COLORED TOPCOAT 223 NON-PRECURSOR ORGANIC COMPOUND (EXEMPT COMPOUND) 224 PRETREATMENT WASH PRIMER 225 PRIMER 345.1 226 PRIMER-SEALER 227 PRIMER-SURFACER 228 REDUCER 229 REFINISH, REFINISHING 230 SINGLE-STAGE TOPCOAT 231 SPECIALTY COATING 232 SPOT REPAIR ON A HEAVY TRUCK 233 SURFACE PREPARATION AND SURFACE CLEANING FLUIDS 234 STRIPPERS 235 THINNER 236 THREE-STAGE TOPCOAT 237 TOPCOAT 238 TOUCH UP COATING 239 TWO-STAGE TOPCOAT 240 VEHICLE REFINISHING COATING COMPONENT 241 VEHICLE REFINISHING OPERATION 242 VOC CONTENT 243 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITATIONS: VOC CONTENT OF REFINISH COATINGS FOR LIGHT DUTY VEHICLES 302 REFINISHING HEAVY DUTY TRUCKS AND TRUCK-TRAILERS 303 COATING NEW SURFACES & REFINISHING HEAVY VEHICLES 304 MIXING REQUIREMENTS 305 SURFACE-PREPARATION AND SURFACE-CLEANING FLUIDS 306 MAINTENANCE 307 PAINT GUN REQUIREMENTS AND LIMITS 308 EMISSION CONTROL SYSTEM 309 CLEANUP AND CLEANING SUPPLY AND APPLICATION EQUIPMENT 310 GUN CLEANING MACHINES 311 STORAGE AND DISPOSAL OF VOC AND VOC-CONTAINING MATERIAL 312 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 345.2 401 ECS SCHEDULE 402 THE RESPONSIBILITIES OF LARGE USERS 403 JOBBERS/SUPPLIERS RECORDKEEPING RESPONSIBILITY FOR REFINISHES 404 WEIGHT EXCLUSION SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION 503 FORMULAS 504 EMISSION CONTROL SYSTEM (ECS) AND RELATED SYSTEM OPERATING REQUIREMENTS 505 TEST METHODS ADOPTED BY REFERENCE 345.3 BLANK PAGE 345.4 Adopted 02/15/95 Revised 11/20/96 Revised 04/21/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 345 VEHICLE AND MOBILE EQUIPMENT COATING SECTION 100 - GENERAL 101 PURPOSE: To limit emissions of volatile organic compounds (VOCs) from the surface preparation and coating of highway vehicles and mobile equipment. 102 APPLICABILITY: 102.1 The provisions of this rule apply to the coating of any vehicle or mobile equipment able to travel or be drawn upon a highway, except for Original Equipment coatings at light-duty vehicle manufacturing plants. A summary is provided by the following directory: DIRECTORY OF THE REGULATIONS THAT APPLY TO NEW FINISHES & TO REFINISHES Applicable Regulation for Applicable Regulation for Type of Vehicle Original Equipment Refinishing   Coating and Coating on Never-Coated Surface  Car, pickup, minivan, & light-duty New Source Performance utility vehicle, or their chassis, Standard for cars & lightTable 1 produced on large assembly duty vehicles made on (of this rule) lines; i.e., included by code assembly lines, subpart MM, (vehicle bodies, cabs, and #33611 in NAICS, as 40 CFR 60, as incorporated chassis only) incorporated by reference in by reference in Rule 360. subsection 505.3. Car, pickup, minivan, or light-duty utility vehicle NOT produced on Table 3 Table 1 large assembly lines; all (of this rule) (vehicle bodies, cabs, and motorcycles and golf-carts. chassis only) All vehicles that qualify as “heavy Table 2 trucks”, as defined by §215 of this Table 3 (of this rule) (vehicle bodies, cabs, chassis rule, (buses, large trucks, & their trailers) tractor/trailers, etc.) All heavy duty vehicles that do not qualify as “heavy trucks”, and Table 3 Table 3 all mobile equipment except for pretreatment wash *Small never coated surfaces on a coated vehicle being refinished are subject to Table 2 or §302.3. 345.5 102.2 102.3 Non-Applicability: a. This rule does not apply to materials that contain 2.0% or less VOC by either weight or volume, or have less than 0.17 lbs VOC per gallon (20 g/liter) material VOC content, as determined by the formula in subsection 503.3. b. This rule does not apply to the coating of separate vehicle parts or mobile equipment parts that have never been installed since manufacture or remanufacture, unless they are current replacements for a defective/missing body part and are being coated in the course of refinishing the vehicle body they will become part of. NSPS & NESHAP: In addition to this rule, facilities may be subject to New Source Performance Standards (NSPS) in Rule 360 and/or to National Emission Standards for Hazardous Air Pollutants (NESHAP) in Rule 370 of these Rules and Regulations. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 AUTOMATIC GUN-CLEANING MACHINE (GUN CLEANER) - A machine which, after being loaded, cleans paint spray-guns without the assistance of a person. 202 AUTOMOBILE/LIGHT DUTY VEHICLE - A vehicle manufactured by a facility that is designated by code 33611 of the 1997 North American Industrial Classification System (NAICS), as incorporated by reference in subsection 505.3. This comprises only vehicles manufactured by a large production-line facility that makes the following complete vehicles or chassis [for such vehicles]: automobile, light duty van, light duty motor home, pick-up truck, and/or utility vehicle. 203 COATING AS APPLIED - Refers to coating at the time immediately prior to its application, including any final addition of solvent to the coating before such coating is applied. 204 CONVENTIONAL AIR ATOMIZED SPRAY (SYSTEM) - A spray which is atomized with air in a system designed to exceed 25 psig (1.7 bar) at the center of the spray-gun tip and which is not used with an electrostatic transfer system. 205 DAY - A period of 24 consecutive hours beginning at midnight. 206 DEPARTMENT - The Maricopa County Environmental Services Department. 207 DETAILING GUNS AND TOUCH-UP GUNS - Small air spray devices, including air brushes, that operate at no greater than 6 cfm (170 liters per minute) air flow and no greater than 50 psig (3.4 bar) air pressure and are used to coat small areas. 208 DILUENT - For the purposes of this rule, any fluid in or added to a coating such as thinner, retarder, reducer, solvent, or drying accelerator which solubilizes, adjusts concentration, viscosity, flow, or drying rates and which evaporates as the coating film solidifies and cures. 345.6 209 ELECTROSTATIC APPLICATION - A method of applying coating by electrically charging coating droplets or particles with an electrical device, causing their deposition onto a substrate by electrostatic attraction. 210 EMISSION CONTROL SYSTEM (ECS) - A system, approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions of volatile organic compounds. Such system consists of an emissions collection subsystem and an emissions processing subsystem. 211 ENAMEL - Any non-lacquer topcoat. 212 EXEMPT COMPOUND - See NON-PRECURSOR ORGANIC COMPOUND 213 FLEXIBLE PLASTIC - A surface or part made of solid (non-rubber) polymer designed to withstand significant deformation without damaging it for its intended use. 214 HARDENER - A coating component specifically designed to promote a faster cure of an enamel finish. 215 HEAVY TRUCK - Any cab/tractor, truck, van, bus, or motorhome with a manufacturer’s gross vehicle weight rating of 8600 lbs or more that is licensable for highway travel; this includes any trailer or semi-trailer that is equipped to be pulled by any such cab/tractor, truck, or van. 216 HEAVY DUTY VEHICLE - Any highway vehicle, except for an automobile/light-duty vehicle as defined in Section 202. This includes, but is not limited to, all vehicular products manufactured under NAICS code 3362, such as trailers, buses, canopies, and the following: trucks, construction equipment, and recreational vehicles. 217 HIGH-VOLUME LOW PRESSURE (HVLP) APPLICATION - A type of coating spray system in which the final air pressure does not exceed 10 psig (67 kilopascals) and which depends on relatively large volumes of air to atomize the coating. 218 LACQUER - A coating which becomes or remains soft when subjected to heat (thermoplastic), which dries primarily by solvent evaporation, and which is resoluble in its original solvent. 219 LOW PRESSURE GUN - An air atomized spray gun which by design functions best at tip pressures below 10 psig (0.7 bar), measured according to subsection 502.4, and for which the manufacturer makes no written claims that the gun can be used effectively above 12 psig (0.8 bar). 220 MIXING INSTRUCTIONS - The coating or coating component manufacturer’s or importer’s specification of the quantities of coating components for mixing a coating. 221 MOBILE EQUIPMENT - Any equipment that is physically capable of being driven or drawn upon a highway including, but not limited to, the following types of equipment: construction vehicles (such as mobile cranes, bulldozers, concrete mixers); farming equipment (such as wheel tractor, plow, pesticide sprayer); hauling equipment (such as truck trailers, utility bodies, camper shells); and miscellaneous equipment (such as street cleaners, golf carts, all terrain vehicles {ATVs}, mopeds) etc. 345.7 222 MULTI-COLORED TOPCOAT - A topcoat that exhibits more than one color, is packaged in a single container, and camouflages surface defects on areas of heavy use, such as cargo beds and other surfaces of trucks and other utility vehicles. 223 NON-PRECURSOR ORGANIC COMPOUND (EXEMPT COMPOUND) - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt”. A listing of these compounds is found in Rule 100. 224 PRETREATMENT WASH PRIMER - A primer that contains a minimum of 0.5 percent acid by weight that is applied directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent coatings. 225 PRIMER - Any coating applied prior to the application of a topcoat for the purpose of corrosion resistance and/or adhesion. 226 PRIMER-SEALER - Any coating applied prior to the application of a topcoat for the purpose of corrosion resistance, adhesion of the topcoat, and/or color uniformity and to promote the ability of an undercoat to resist penetration by the topcoat. 227 PRIMER-SURFACER - Any coating applied prior to the application of a topcoat for the purpose of filling surface imperfections in the substrate, corrosion resistance, and/or adhesion of the topcoat. 228 REDUCER - Any solvent used to thin enamels. 229 REFINISH, REFINISHING - Recoating previously paint-finished parts of a motorcycle or of the body of an automobile/light duty vehicle. The body does not include mechanical parts or chassis, except as they are incorporated into the surface of the body, such as a motor-driven mirror assembly and coated underbody. 230 SINGLE-STAGE TOPCOAT - A topcoat consisting of only a single coating formulation applied in one or more coats. 231 SPECIALTY COATING - Any coating that is specifically designated by the coating manufacturer as being one or more of the following: 231.1 Adhesion Promoter - A coating designed to facilitate the bonding of a primer or topcoat on surfaces such as trim moldings, door locks, and door sills, where sanding is impracticable, and on plastic parts and the edges of sanded areas. 231.2 Bright Metal Trim Repair Coating - A coating applied directly to chromeplated or other bright metal surface(s) to attain a desired appearance. 231.3 Cut-In, Or Jambing, Clearcoat - A fast-drying, ready-to-spray clearcoat applied to surfaces such as door jambs and trunk and hood edges to allow for quick closure. 231.4 Elastomeric Coating - A coating designed for application over flexible parts, such as elastomeric bumpers. 345.8 231.5 Impact-Resistant Coating - A specialty coating used on the lower 12 inches (31.6 cm) of a quarter-panel, door, or fender to resist chipping caused by road debris. 231.6 Low-Gloss Coating - A coating which exhibits a gloss reading less than or equal to 25 on a 60° glossmeter. 231.7 Radar Dispersing Coating - A coating designed to disperse radar signals, applied to any part of a military vehicle or military mobile equipment. 231.8 Underbody Coating - A coating designed for protection and sound deadening that is typically applied to the wheel wells and underbody of an automobile. 231.9 Uniform Finish Blenders - Any coating that is applied in a spot repair for the purpose of blending a paint overspray (“feathered”) area of a repaired topcoat to match the appearance of an adjacent existing topcoat. 231.10 Water Hold-Out Coating - A coating applied to the interior cavity areas of doors, quarter panels and rocker panels for the purpose of corrosion resistance to prolonged water exposure. 231.11 Weld-Through Primer - A primer that is applied to an area before welding is performed, and that provides corrosion resistance to the surface after welding has been performed. 232 SPOT REPAIR ON A HEAVY TRUCK - A repair of a damaged or uncoated area of a heavy truck in which not more than a total of 1 liter (1.1 quart) of topcoat(s) and a total of 1 liter primers are used; and such coatings are applied from a reservoir that can hold no more than 1.2 liters when completely full. 233 SURFACE PREPARATION AND SURFACE CLEANING FLUIDS - Fluids that are used to prepare a surface for further operations by aiding the removal of grime, greases, waxes, unwanted deposits and embedded particles from the surface. 234 STRIPPERS - Powerful solvents used to dissolve permanent, cured coatings, usually to attain a bare substrate. 235 THINNER - Any solvent used to reduce the viscosity or solids content of a coating. 236 THREE-STAGE TOPCOAT - A topcoat composed of a pigmented basecoat, a midcoat, and a transparent clearcoat. 237 TOPCOAT - Any coating or series of coatings applied over a primer or an existing finish for the purpose of protection or beautification. 238 TOUCH UP COATING - A coating applied by brush, air-brush, or nonrefillable aerosol can to cover minor surface damage. 239 TWO-STAGE TOPCOAT - A topcoat consisting of a pigmented basecoat and a transparent clearcoat. 345.9 240 VEHICLE REFINISH COATING COMPONENT - Any portion of a coating, such as a reducer or thinner, hardener, additive, etc., recommended (by its manufacturer or importer) to distributors or end-users for vehicle refinishing. The raw materials (such as polyurethane resin, etc.) used to produce the components that are mixed by the enduser to prepare a coating for application are not considered vehicle refinish coating components. 241 VEHICLE REFINISHING OPERATION - For the purposes of this rule, any coating of vehicles or mobile equipment, their parts and components, including partial body collision repairs, for the purpose of protection, restoration or beautification, and which is subsequent to the original coating applied at a coating assembly line at an Original Equipment Manufacturing (OEM) plant. 242 VOC CONTENT - See subsections 503.2 and 503.3. 243 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 301 LIMITATIONS: VEHICLES 301.1 VOC CONTENT OF REFINISH COATINGS FOR LIGHT DUTY No person shall sell for use, supply for use, or apply, coating on a previously finished automobile/light-duty vehicle in Maricopa County unless the coating’s VOC content complies with the applicable limits in Table 1. a. VOC content is determined according to Sections 502, 503.2, and 505. b. Compliance will be determined based on the VOC content limit, as expressed in metric units. (English units {lbs VOC/gal} are provided for information only.) 345.10 TABLE 1 REFINISHES APPLIED TO THE BODIES OF AUTOMOBILE/LIGHT-DUTY VEHICLES OR MOTORCYCLES VOC LIMITS FOR REFINISH COATINGS AS APPLIED, MINUS EXEMPT COMPOUNDS Coating category Grams VOC Pounds VOC per liter per gal Pretreatment wash primers 780 6.5 Primers/primer surfacers 580 4.8 Primer sealers 550 4.6 Single/two-stage topcoats 600 5.0 Topcoats of more than two stages 630 5.2 Multi-colored topcoats 680 5.7 Specialty coatings 840 7.0 Strippable booth coatings 420 3.5 302 301.2 Refinishing Surfaces That Are Not Part of Body/Chassis: The recoating of a section of a light-duty vehicle that is not part of its body/chassis, its body’s appurtenances, nor its wheels, shall comply with the VOC limits of Table 3. This includes drive-train, steering gear, suspension, etc. 301.3 Refinishing Replacement Appurtenances On The Vehicle Body: Vehiclebody appurtenances such as mirrors, trim strips, license-plate frames, etc., used to replace or supplement existing appurtenances on an automobile/light-duty vehicle bodies may be coated with coatings that meet the applicable VOC limits in Table 1, even if the item has never been coated or used. REFINISHING HEAVY DUTY TRUCKS AND TRUCK-TRAILERS: 302.1 Refinish VOC Limits: No person shall apply refinish coating to any section or appurtenance of the body or chassis of a heavy truck unless that coating complies with the VOC limits in Table 2. a. VOC content is determined according to Sections 502, 503.2, and 505. b. Compliance will be determined based on the VOC content limit, as expressed in metric units. (English units {lbs VOC/gal} are provided for information only.) 345.11 TABLE 2 VOC LIMITS FOR REFINISH COATING AS APPLIED TO HEAVY TRUCK BODIES As applied, minus exempt compounds November 1, November 1, November 1, VOC LIMIT  Current 1999 2000 2001 and Effective Date TYPE OF COATING  Pretreatment wash primer Primers/primer surfacers Primer sealers ROW 780 g/L 6.5 lb/gal 580 g/L 4.8 lb/gal 550 g/L 4.6 lb/gal 600 g/L 5.0 lb/gal 550 g/L 4.6 lb/gal 600 g/L 5.0 lb/gal per formula** 630 g/L 5.2 lb/gal per formula** 600 g/L 5.0 lb/gal 840 g/L 7.0 lb/gal Single stage, solid color Single stage, metallic/iridescent 2-Stage topcoat basecoat & clearcoat Topcoats of more than two stages Spot coats, 1 liter limit each stage Specialty Coatings as defined by §231 1 same same same same same same same same same same same same 420 g/L 3.5 lb/gal 420 g/L 3.5 lb/gal 420 g/L 3.5 lb/gal 420 g/L 3.5 lb/gal 480 g/L 4.0 lb/gal per formula** 480 g/L 4.0 lb/gal for trailers** 2 3 4 5 6 7 546g/L (11/2/02) 8 9 Strippable booth coatings 2.0 lb/gal **Formula for computing the VOC content of multi-stage coating is in subsection 503.1 302.2 Refinishing Replacement Appurtenances On A Heavy Truck: At the time of (re)placement, a person may coat heavy truck body appurtenances such as mirrors, trim strips, license-plate frames, wheel covers, etc., with coatings that meet the applicable VOC limits in Table 2 or the requirements of subsection 302.3, if the item is about to be used to replace or supplement existing appurtenances, even if the item has never been coated or used. 302.3 Spot Refinishing Of Heavy Trucks: A person may coat a heavy truck panel, a juncture of panels, or a body appurtenance using a coating with a VOC content that does not exceed the VOC-limits set forth in subsection a below, provided that the coatings as applied meet the requirements as set forth in subsection b: a. VOC Limits For Spot Refinishing Of Heavy Trucks: (1) Through November 1, 2002, 600 g VOC/L (5.0 lb VOC/gal). 345.12 (2) After November 1, 2002, 546 g VOC/L (4.55 lb VOC/gal). b. Volume Limits: (1) The coating shall be applied from a reservoir having a gross volume not exceeding 1.2 liters (5 cups) and containing no more than 1 liter (1.1 qt.) of coating. (2) The complete topcoat of a single stage finish shall not use more than 1 liter. (3) The complete topcoat of a multi-stage finish shall not exceed 2 liters. (4) The total of all non-topcoat coatings, including wash and primers shall not exceed 1 liter. c. 303 Wash Primers may have up to 780 g/L (6.5 lb/gal). COATING NEW SURFACES & REFINISHING HEAVY VEHICLES: 303.1 Coating New Or Never Coated Surfaces: New or never coated surfaces of mobile equipment and of a vehicle, including a heavy truck, that is not manufactured under NAICS code 33611, are subject to a VOC limit of 3.5 lb VOC/gal (420 g/L) for all unbaked coatings over metal or plastic. The VOC content of coating applied on or over surfaces included in Table 3 shall comply with the VOC limits of Table 3. 303.2 Refinishing Surfaces That Are Not Part Of Body/Chassis: The recoating of a section of mobile equipment or a heavy-duty vehicle, including a heavy truck, that is not part of its body/chassis, its wheels, nor appurtenances, shall comply with the VOC limits of Table 3. This includes drive-train, steering gear, suspension, etc. 303.3 Refinishing Mobile Equipment And Heavy-duty Vehicles: No person shall refinish mobile equipment or any heavy-duty vehicle that is not a heavy truck unless the coating as applied conforms to the VOC limits in Table 3, except that pre-treatment acid etchant wash shall conform to the VOC limits of row 1 in Table 2. 345.13 TABLE 3 VOC Limits For Coating As Applied To Uncoated Vehicle Surfaces COATING ON METAL SURFACES The following includes Coating, Adhesive, & Adhesive Primer Lbs. per gallon Grams per liter 3.5 420 Air-Dried Coating 3.0 360 Baked Coating [above 200°F (93°C)] 3.8 450 COATING ON VINYL SURFACES 2.9 350 COATING ON FABRIC SURFACES 3.5 420 COATING PLASTIC SURFACES not defined as flexible COATING FLEXIBLE PLASTIC SURFACES (not Vinyl) 4.1 490 - Primer 3.8 450 - Color Topcoat 4.5 540 - Basecoat/Clear Coat (Combined System) 304 MIXING REQUIREMENTS: 304.1 Suppliers Provide Mixing Instructions: No person shall supply vehicle refinishes regulated by Table 1 or Table 2 of this rule unless instructions for proper mixing/diluting are provided. 304.2 Vehicle-Appropriate VOC-Content And Instructions: If a supplier of a refinish coating represents that such coating is appropriate to coat a particular type of vehicle listed in Table 1 or Table 2: 304.3 305 a. The coating as mixed and applied must meet the applicable VOC limit in Table 1 or Table 2; and, b. The supplier must provide only those mixing/blending instructions that meet the VOC limit; except, c. Instructions that included both compliant and non-compliant formulation directions are acceptable if they have a line, mark, or totally obscuring coating through/over each word of all non-compliant mixing instructions. Mixing Requirements For The Coating User: No person adding VOCcontaining thinner, reducer, or other diluent to any refinish coating regulated by either Table 1 or Table 2 shall add such diluents in proportions higher than those specified or recommended by the instructions provided by the supplier of the coating. SURFACE-PREPARATION AND SURFACE-CLEANING FLUIDS: 305.1 A person cleaning or preparing a surface of a vehicle or mobile equipment for coating using a wipe method or other non-dip method shall use a material with a VOC content as applied of no more than 1.4 pounds of VOC per gallon as determined by methods set forth in subsections 502.1d or 502.3. 305.2 Neither surface-cleaning nor surface-preparation material that contains VOC shall be applied by means of motor-compressed air if applied in a mist or (finely atomized) spray. 345.14 305.3 Rule 331 applies to the dip cleaning of vehicle or mobile equipment surfaces. 306 MAINTENANCE: Any person subject to this rule shall operate and maintain in proper working order all production and cleaning equipment in which VOC-containing materials are used or stored. 307 PAINT GUN REQUIREMENTS AND LIMITS: 307.1 307.2 No person shall apply any coating with a VOC content exceeding 3.0 lb VOC/gal (360 g/l) using a spray gun, unless such spraying employs one of the following devices or systems: a. A low pressure spray gun or system (such as HVLP), or b. An electrostatic system, or c. A system that atomizes principally by hydraulic pressure, including “airless” and “air-assisted airless”. A person is allowed to use a spray gun other than one allowed by subsection 307.1 under the following conditions: a. For applying materials that have a VOC content not exceeding 3.0 lb VOC/gal (360 g/l) as applied, less water and non-precursor compounds. b. If such guns are designed and used solely for detailing and/or touch-up, and have a maximum reservoir capacity of 250 cc (8.8 fluid ounces). c. If such guns are used to apply adhesives. 308 EMISSION CONTROL SYSTEM: As an alternative to meeting an applicable coatingVOC limit and/or work practice pursuant to Sections 302, 304, 305, or 307, an operator is allowed to operate an Emission Control System (ECS) that reduces VOC emissions by at least 85%, pursuant to Section 504. 309 CLEANUP AND CLEANING SUPPLY AND APPLICATION EQUIPMENT: 309.1 All solvent used to manually clean spray guns shall be collected into a container which shall be immediately closed after all the solvent has been collected. 309.2 All solvent used for line cleaning shall be pumped or drained into a container kept closed when not in use. 309.3 Tanks used for stripping off coating or for cleaning objects shall be covered when not in use. Solvent-dragout shall be minimized by tilting or rotating the object to drain off any pools of solvent before removing the object from above the tank. 345.15 310 GUN CLEANING MACHINES: Any person subject to this rule shall use a paint gun cleaning machine to clean paint guns if the vehicle refinishing operation is required to have an Air Pollution Control Permit by Rule 200 of these Rules. 310.1 310 .2 310.3 Manual Pre-Cleaning And Water Cleanup: a. Manual cleaning outside of the cleaning machine is allowed if the cleaning machine is used immediately after manual cleaning, and if done without spraying cleaning solvent with the gun. b. A cleaning machine is not required to clean a paint gun if the gun is cleaned with water or a cleaning mixture that is more than 1/2 water by weight or volume. General Requirements For Gun Cleaning Machines: machine shall: The gun-cleaning a. Be designed to clean paint-guns and be kept in proper repair and free from liquid leaks. b. Have at least one pump which drives cleaning solvent through and over the gun, and a basin which permits containment of the cleaning solvent. c. Have all covers and other surfaces that are exposed to gaseous or liquid VOC-solvent be impervious to both gaseous and liquid VOC-solvent. Specific Requirements For 2 Types Of Cleaning Machines: a. Automatic Gun-Cleaning Machine: (1) Shall be self-covering or enclosing when not loading or unloading. (2) The machine shall have a self-closing cover or other self-enclosing feature which in the cover's closed position allows no gaps exceeding 1/8 inch (3 mm) between the cover and the cabinet. (3) The machine shall be designed and maintained to prevent operation of its mechanical cleaning feature(s) unless it is completely covered or enclosed to the gap limits specified in the preceding subsection 310.3a.(2). b. Non-Automatic Remote Reservoir Gun-Cleaning Machine: (1) The cleaning machine shall be designed such that cleaning solvent drains from the sink/work-space quickly and completely into a remote reservoir when the work-space is not in use. (2) The reservoir shall have the ability to contain VOC vapors and shall not have a cumulative total opening, including the drain opening(s), allowing VOC-escape to the atmosphere exceeding two square inches in area. 345.16 (3) Machine designs are allowed in which the base of the sink/work-space functions as the reservoir's top surface, as long the fit/seal between sink base and reservoir container allows the reservoir to meet the opening limits specified in the preceding subsection 310.3b(2). 311 STORAGE AND DISPOSAL OF VOC AND VOC-CONTAINING MATERIAL: 311.1 Any person subject to this rule shall store all VOC-containing materials, including but not limited to waste coatings, waste solvents and their residues, and rags in closed containers. 311.2 A container must have a legible label identifying the container’s contents. 311.3 A container shall be kept closed except when contents are added or removed. 311.4 Disposal of waste or surplus VOC-containing materials shall be done in a manner that inhibits VOC evaporation, such as having these materials hauled off site in sealed containers. 312 EXEMPTIONS: 312.1 Exemptions From Other Rules: Maricopa County Air Pollution Rules and Regulations Rules 330 and 336 do not apply to any vehicle or mobile equipment coating or refinishing operation to which this Rule 345 is applicable. 312.2 Formal Vehicle Refinishing Training: A student in classes at an accredited school which teaches vehicle refinishing is exempt from the recordkeeping provisions of this rule. 312.3 Coating with a non-refillable aerosol can is exempt from this Rule 345. 312.4 Out-Of Date Coatings: Coating otherwise subject to Table 1 limits but manufactured before January 15, 1999 is exempt from Table 1 VOC limits until November 1, 1999. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 ECS SCHEDULE: Any owner or operator intending to install an ECS in a facility to comply with requirements of this rule shall comply with the requirements of subsection 504.3. 402 THE RESPONSIBILITIES OF LARGE USERS: 402.1 The owner or operator of a facility which emits 10,000 pounds or more of VOC in any calendar year must submit a report of such emissions on a form supplied by the Department after the end of that calendar year. 402.2 An owner or operator of a facility which in a calendar year meets or exceeds any of the following quantities must notify the Control Officer of this fact in writing by February 28 (within two months) after the end of that calendar year: 345.17 402.3 403 Used a total of 1000 gallons (3785 l) of coating (with reducer and hardener); or b. Received a total of 1300 gallons (4920 l) of cleaning solvent, lacquer thinner and wash-thinner; or c. Disposed of more than 1000 gallons or 6000 pounds (2722 kg) to hazardous waste collection; or d. Submitted a total exceeding 9000 pounds (4082 kg) of VOC in the facility's most recently completed Maricopa County annual air-emission inventory form. The Control Officer may require in writing a report of annual emissions from a facility which has given notification as required by the preceding subsection 402.2, or from any other facility which in the Control Officer's determination can have annually emitted 5 tons (4536 kg) or more of VOC. JOBBERS/SUPPLIERS RECORDKEEPING RESPONSIBILITY FOR REFINISHES: 403.1 404 a. An owner or operator selling or supplying vehicle refinishing coatings, coating components, or refinishing supplies directly to facilities that refinish automobiles, light-duty vehicles, or heavy trucks in Maricopa County shall maintain records of the VOC content of such materials; and a. Records shall be sufficient to calculate the total VOC annually sold to facilities described in the preceding subsection 403.1. b. Records shall include sales of cleanup and surface preparation materials that contain more than 2% VOC by weight or volume, or more than 0.17 lb VOC/gal (20 g/L). 403.2 An owner or operator shall total cumulative vehicle-refinishing VOC sold during a current calendar year (pursuant to 403.1) in a quarterly manner, by the end of the month following each quarter. 403.3 Jobbers or suppliers annually supplying less than 100 pounds of vehicle refinishes and supplying less than 100 pounds of cleaning/surface prep materials to vehicle refinishers are exempt from the requirement of subsections 403.1 and 403.2. WEIGHT EXCLUSION: Vehicles having a manufacturer’s gross vehicle weight rating of 8600 lbs or more are excluded from NAICS code 33611, unless clearly identified as being included by the NAICS, as incorporated by reference in Section 505. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any person subject to this rule shall keep the records required under this Section 501 in a consistent and complete manner and shall make them available to the Control Officer without delay during normal business hours. 345.18 501.1 Responsibility For Products In Use: An owner or operator shall maintain written records in the facility which give the name or code number of each VOCcontaining product and its VOC content as received. VOC content shall be expressed in pounds of VOC per gallon (or grams/liter), less water and nonprecursors, excepting waterborne cleaners which shall include the water. a. Examples Of What To Include: All coating components as received from the supplier, before any in-house blending, such as coating base and tint base for topcoats, midcoats, primers, specialty coatings, sealers, and strippable booth coating; other coating components such as hardeners, catalysts, reducers, promoters, inhibitors and other coating additives; and stripper, wash-thinner, lacquer thinner, gun cleaning solvent, surface prep cleaners and other cleaners, including waterborne cleaners which contain some VOC. b. Sufficient Documentation: Any one of the following may be used to meet the requirements of subsection 501.1, as long as all VOC-containing refinishing products are accounted for pursuant to subsection 501.1, (first paragraph): (1) An up-to-date hardcopy (in writing) list prepared for that facility. (2) Current material safety data sheets (MSDS) or product data sheets showing the VOC content. (3) Purchase documentation that gives VOC content, such as invoices and/or receipts showing VOC content. (4) Current, dated manufacturers publications such as charts or lists which show VOC content, with the products used in the facility highlighted or otherwise clearly marked. 502 501.2 Documentation Of Purchases: Purchase records showing the volume of each VOC-containing refinishing-related product purchased shall be kept available for the current and the previous year. Actual invoices and receipts showing the volume of the material purchased will suffice in place of ledger-style records. 501.3 Record Retention: Records shall be retained for five years. 501.4 Records: The Control Officer may account as VOC emissions to the atmosphere any VOC that is not accounted for by adequate records of disposal or of reuse within a facility. COMPLIANCE DETERMINATION: 502.1 For routine purposes, the Control Officer may determine VOC content from a manufacturer’s product data document such as a current manufacturer’s safety data sheet (MSDS) that provides exact product contents. 345.19 502.2 Measurement of VOC content of coating materials subject to this rule, including the requirements of Section 301, shall be conducted and reported in accordance with EPA Test Method 24 (as incorporated by reference in Section 505), with the following restrictions for multi-component, polymerizing coatings: Method 24 shall be a modified to eliminate the post-mixing dilution step (that employs toluene or other solvent). The mixture shall be spread instead by appropriate technique to form a thin layer, occupying the entire bottom of the foil pan. California’s Bay Area Air Quality Management District Method 31 (amended 4/15/92) can be used as a guide for such spreading. 502.3 Low Or No-Solids Materials: a. The VOC content of solutions, dispersions, and emulsions that have no solids or less than 5% solids shall be determined by 1 of the following methods: (1) South Coast Air Quality Management District Method 313-91, as incorporated by reference in Section 505. (2) Method 31 of California’s Bay Area Air Quality Management District, as incorporated by reference in Section 505. b. Measurement of the VOC content of cleaning fluids, including those cleaners limited by Section 305 of this rule, shall be according to the formula in subsection 503.3 and applicable test methods in Section 505. 502.4 With reference to subsection 307.1a, measurement of air pressure at the tip of an air atomized paint spray gun that atomizes shall be performed using a device supplied by the gun's manufacturer for that purpose. The measurement shall be made dynamically at the center of the air cap and at the air horns, with the spray configured to a fan diameter of eight to ten inches on a flat surface being coated. The axis of the fan pattern shall be perpendicular to this surface. 502.5 Pretreatment Wash Primers: The acid weight percent of pretreatment wash primers must be determined using the American Society for Testing and Materials (ASTM) Test Method D 1613-96, as incorporated by reference in Section 505. If the pigment in a pretreatment wash primer prevents the use of this test method for determining the acid weight percent of the coating, then the test method shall be used for the nonpigmented component of the coating, and the acid weight percent shall be calculated based on the acid content of the nonpigmented component and the mixing ratio of the nonpigmented component to the remaining components recommended by the regulated entity. 502.6 ECS Testing: a. The VOC content of gaseous emissions entering and exiting an ECS shall be determined by either EPA Method 18 or EPA Method 25 and its submethod(s), as are incorporated by reference in Section 505. 345.20 b. 503 Capture efficiency of an ECS shall be determined either by EPA Method 204 and its submethods, or by using mass balance calculation methods in concert with EPA Methods 2, 2a, 2c, and 2d, as are incorporated by reference in Section 505. FORMULAS: 503.1 For the purpose of determining compliance with the VOC content limits in Table 1 of this rule, each regulated entity shall determine the VOC content of a coating using the procedures described in subsection 503.2 for a single coating stage or as follows for the VOC content of a multi-stage coating. VOCbc + VOC multi = where: VOC multi = VOCbc = VOCmci VOCcc = = M = M ∑ i=0 VOCmci + 2(VOCcc) M+ 3 VOC content of multi-stage topcoat, in grams VOC/liter of coating; VOC content of the basecoat, as determined in subsection 503.2; VOC content of midcoat i, as determined in subsection 503.2.; VOC content of the clearcoat, as determined in subsection 503.2; and Number of midcoats. In a situation where a “ground coat” is used prior to a basecoat, use of the equation shall be adjusted as follows: The ground coat will be considered the basecoat and the basecoat will be considered one of the midcoats. 503.2 Pounds Of VOC Per Gallon Of Coating (Grams VOC/Liter): The mass of VOC per combined volume of VOC-plus-coating-solids before coating application, which can be calculated by the following equation: Pounds of VOC per Gallon (Grams/liter) of Coating = Ws − Ww − Wes Vm − Vw − Ves Where: Ws Ww Wes Vm Vw Ves = weight of volatile material in pounds (or grams) = weight of water in pounds (or grams) = weight of non-precursors in pounds (or grams) = volume of total material in gallons (or liters if using grams) = volume of water in gallons (or liters if using grams) = volume of non-precursor compounds in gallons (or liters) 345.21 503.3 VOC Content Of Cleaners And Reducers (Material VOC-Content): VOC Content Of Material = Ws − Ww − Wes Vm Using consistently either English or metric measures in the calculations Where: Ws = weight of all volatile material in pounds (or grams) including VOC, water, non-precursor organic compounds and dissolved vapors. Ww = weight of water in pounds (or grams) Wes Vm 504 = weight of all non-precursor compounds in pounds (or grams) = volume of total material in gallons (or liters) EMISSION CONTROL SYSTEM (ECS) AND RELATED SYSTEM OPERATING REQUIREMENTS: 504.1 504.2 ECS Requirements: To meet the requirements pursuant to Section 308, an ECS shall be operated as follows: a. The emissions-processing subsystem of the ECS shall reduce the VOC entering it by at least 90 percent. b. Throughout the period when the VOC content exceeds the applicable VOClimits, the ECS shall be operated to control VOC emissions. c. Materials that exceed the applicable VOC-limits shall be clearly identified such that workers are informed an ECS must be used. Recordkeeping For An ECS: a. On each day that an ECS is used to comply pursuant to Section 308, an owner or operator shall record the amount and VOC content of the material for which the ECS was used. b. ECS Operation And Maintenance Records: (1) On each day an ECS is used, make a permanent record of the operating parameters of the key systems as required by the O&M Plan. (2) For each day or period in which the O&M Plan requires that maintenance be performed, a permanent record shall be made of the maintenance actions taken within 24 hours of maintenance completion. 504.3 ECS Schedule: Any owner or operator of a facility, first intending to install and commence to use an ECS pursuant to Section 308, shall submit for the Control Officer’s approval an emission control plan describing the ECS by the first day of the 4th month after the month in which such facility becomes 345.22 subject to the ECS requirement. The plan shall show how the ECS is to be used to achieve full compliance. The plan shall specify dates for completing increments of progress, such as the contractual arrival date of new control equipment. The Control Officer may require a person submitting such emission control plan to submit subsequent reports on progress in achieving compliance. Any and all ECS used to achieve such compliance shall be in operation by 15 months after the facility becomes subject to the ECS requirement. 504.4 505 Operation And Maintenance (O&M) Plan Required For ECS: For any ECS used to meet the requirements of this rule: a. An owner or operator shall provide and maintain (an) O&M Plan(s) for the ECS and any ECS monitoring device. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device. c. The owner or operator shall comply with all the identified actions and schedules provided in each O&M Plan. 504.5 Providing And Maintaining ECS Monitoring Devices: Any person incinerating, adsorbing, or otherwise processing VOC emissions pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in operation, devices described in the facility’s O&M Plan that indicate temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained. 504.6 O&M Plan Responsibility: An owner or operator of a facility that is required to have an O&M Plan pursuant to subsection 504.4 must fully comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified otherwise by the Control Officer in writing. TEST METHODS ADOPTED BY REFERENCE: The EPA test methods as they exist in the Code of Federal Regulations (CFR) (July 1, 1998), as listed below, are adopted by reference. The other test methods listed here are also adopted by reference, each having paired with it a specific date that identifies the particular version/revision of the method that is adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this section are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. 505.1 EPA Test Methods: a. EPA Methods 2 (“Determination of Stack Gas Velocity and Volumetric Flow Rate”), 2a (“Direct Measurement of Gas Volume Through Pipes and Small Ducts”), 2c (“Determination of Stack Gas Velocity and Volumetric Flow rate in Small Stacks or Ducts”), and 2d (“Measurement of Gas volumetric Flow Rates in Small Pipes and Ducts”). All 4 of the foregoing methods are in 40 CFR 60, Appendix A. 345.23 505.2 505.3 b. EPA Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) and its submethods (40 CFR 60, Appendix A). c. EPA Test Method 24 (“Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings”) (40 CFR 60, Appendix A). d. EPA Method 25 (“Determination of Total Gaseous Nonmethane Organic Emissions as Carbon”) and its submethods (40 CFR 60, Appendix A). e. EPA Test Methods 204 (“Criteria For and Verification Of a Permanent or Temporary Total Enclosure”), 204a, 204b, 204c, 204d, 204e, and 204f (Appendix M, 40 CFR 51). Other Test Methods (Not EPA): a. California’s Bay Area Air Quality Management District (BAAQMD) Method 31 (April 15, 1992), “Determination of Volatile Organic Compounds in Paint Strippers, Solvent Cleaners, and Low Solids Coatings”. b. California’s South Coast Air Quality Management District (SCAQMD) Method 313-91 (April, 1997). c. American Society for Testing and Materials (ASTM) Test Method D 161396 (1996). Other Reference Material: North American Industrial Classification System, Executive Office of the President, Office of Management and Budget, 1997, pp. 334-339, et. seq. 345.24 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 346 COATING WOOD MILLWORK INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ADHESIVE 202 AEROSOL-SPRAY COATING 203 AIR-ATOMIZED SPRAY (GUN) 204 ARCHITECTURAL COATING 205 BASECOAT 206 COATING 207 CONVENTIONAL AIR-ATOMIZED SPRAY (SYSTEM) 208 CUSTOM REPLICA MILLWORK 209 DAY 210 DILUENT 211 ELECTROSTATIC APPLICATION 212 EMISSION CONTROL SYSTEM (ECS) 213 FACILITY 214 FAUX FINISH 215 FINISHING MATERIAL 216 GROUNDCOAT 217 LOW PRESSURE SPRAY GUN 218 NON-OPAQUE 219 NONPERMANENT FINAL FINISH 220 NON-PRECURSOR ORGANIC COMPOUND 221 OPAQUE COATING 346.1 222 REPAIR COATING 223 RESTRICTED-USE GUN 224 SEALER, PRIMER, OR GROUNDCOAT 225 SINGLE RESIN-LAYER FINISH 226 STAIN 227 STRIPPABLE COATING 228 STRIPPING OPERATION 229 TOPCOAT 230 TOUCH UP COATING 231 TRANSFER EFFICIENCY 232 VOC-BORNE COATING 233 VOC-SOLVENT 234 VOLATILE ORGANIC COMPOUND (VOC) 235 WASHCOAT 236 WOOD MILLWORK 237 WOOD-PRODUCT 238 WORKING DAY SECTION 300 - STANDARDS 301 VOC CONTENT 302 LIMITATION OF CONVENTIONAL AIR-ATOMIZED SPRAY AND OTHER SPRAY METHODS ATOMIZING WITH HIGH-PRESSURE AIR 303 OPERATION AND MAINTENANCE 304 CLEANUP AND CLEANING OF SUPPLY AND APPLICATION EQUIPMENT 305 HANDLING AND DISPOSAL OF VOC 306 STATEMENT OF VOC CONTENT 307 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE 346.2 402 REGULATORY CLARIFICATION 403 GUN TAGGING REQUIREMENTS SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION - TEST METHODS APPENDIX A TO RULE 346 APPENDIX B TO RULE 346 346.3 BLANK PAGE 346.4 Adopted 04/03/96 Revised 11/20/96 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 346 COATING WOOD MILLWORK SECTION 100 - GENERAL 101 PURPOSE: To limit emissions of volatile organic compounds from the surface preparation and coating of wood millwork. 102 APPLICABILITY: The provisions of this rule apply to any facility in Maricopa County applying finishing material to millwork included under SIC code 2431 made of wood or wood-derived material. Simplified provisions of Appendix B in this rule may be used by facilities which agree to a permit limit of less than 10 tons of VOC emissions per year. Sources emitting less than 2 tons of VOC per year may be allowed exemptions pursuant to subsection 307.2c. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ADHESIVE - Any substance, usually having a fluid phase during application, used principally to bond two or more surfaces into close proximity with one another. 202 AEROSOL-SPRAY COATING - A coating which is sold in a hand-held, pressurized, non-refillable container, usually of less than 22 fluid ounces (0.66 liter) capacity, and which is expelled from the container in a finely divided form when a valve on the container is depressed. 203 AIR-ATOMIZED SPRAY (GUN) - Equipment used to apply coatings in which the chief means of atomizing the coating is via pressurized air which also mixes into the cloud of coating particles after expulsion from a spray nozzle. 204 ARCHITECTURAL COATING - Any coating applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs. 205 BASECOAT - A coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other high-hiding finishing materials. A basecoated surface usually receives a topcoat also. 346.5 206 COATING - Any liquid, fluid, or mastic composition which is converted to a solid (or semi-solid) protective, decorative, or adherent film or deposit after application to a substrate as a thin layer. 207 CONVENTIONAL AIR-ATOMIZED SPRAY (SYSTEM) - A spray which is atomized with air in a system designed to exceed 25 psig (1.7 Bar), as measured according to subsection 502.2, and which is not used with an electrostatic transfer system. 208 CUSTOM REPLICA MILLWORK - Millwork products individually produced or repaired after an order has been received from a client specifying a particular style and period, using both the style and the methods of construction, including materials, joinery, and finishes, which are authentic to the period. 209 DAY - A period of 24 consecutive hours beginning at midnight. 210 DILUENT - For the purpose of this rule, any fluid in or added to a coating such as thinner, retarder, reducer, solvent, or drying accelerator which solubilizes, adjusts concentration, viscosity, flow, or drying rates and which evaporates as the coating film solidifies and cures. 211 ELECTROSTATIC APPLICATION - A method of applying coating by electrically charging coating droplets or particles causing their deposition onto a substrate by electrostatic attraction. 212 EMISSION CONTROL SYSTEM (ECS) - A system for reducing emissions of organic compounds, consisting of both collection and control devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. 213 FACILITY - For the purpose of this rule, all the pollutant-emitting activities belonging to SIC code 2431, which are located on one or more contiguous or adjacent properties, and under the control of the same person or persons under common control. 214 FAUX FINISH - A finish intended to simulate a surface other than wood, including, but not limited to, stone, sand, metal, fur and leather. 215 FINISHING MATERIAL - A coating other than one designed solely or principally as an adhesive, temporary maskant, and/or preservative. For millwork, finishing materials include, but are not limited to, topcoats, sealers, primers, stains, basecoats, groundcoats, washcoats, enamels, toners, glazes, and graining inks. 216 GROUNDCOAT - A colored coating applied to wood-product substrate, which completely hides the color of the substrate in a single coat. 346.6 217 LOW PRESSURE SPRAY GUN - An air-atomized spray gun which by design functions best at tip pressures below 10 psig (0.7 bar) measured according to subsection 502.2 of this rule, and for which the manufacturer makes no claims to the public that the gun can be used effectively above 12 psig (0.8 bar). 218 NON-OPAQUE - A finish or coating which does not meet the definition of opaque as found in Section 221 of this rule. This includes coatings called “clear” by the woodproducts coating industry. 219 NONPERMANENT FINAL FINISH - A material such as wax, polish, nonoxidizing oil or similar substance which retains its effect only temporarily and must be periodically reapplied to a surface to maintain or restore the material’s intended effect. 220 NON-PRECURSOR ORGANIC COMPOUND - Any of the following organic compounds which have been designated by the EPA as having negligible photochemical reactivity: acetone; methane; ethane; methylene chloride (dichloromethane); 1,1,1-trichloroethane; trichlorofluoromethane (CFC-11); dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22); 1,1,2-trichloro1,2,2-trifluoroethane (CFC-113); 1,2-dichlorotetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-115); trifluoromethane (HFC-23); 2,2-dichloro1,1,1-trifluoroethane (HCFC-123); 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 1,1-dichloro-1-fluoroethane (HCFC-141b); 1-chloro-1,1-difluoroethane (HCFC-142b); pentafluoroethane (HFC-125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1,2-tetrafluoroethane (HFC-134a); 1,1,1-trifluoroethane (HFC-143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride (PCBTF); perchloroethylene (tetrachloroethylene); 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca); 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); cyclic, branched or linear completely methylated siloxanes; all completely fluorinated, completely saturated: alkanes, ethers and tertiary amines; sulfur-containing perfluorocarbons with no unsaturations, no hydrogen, and with sulfur bonds only to carbon and fluorine. 221 OPAQUE COATING - Any functional film building coating which completely hides all grain, marking, shade, and color of the substrate under all lighting conditions including the brightest, direct sunlight. 222 REPAIR COATING - A coating used to recoat portions of a previously coated product to cover mechanical damage to that previous coating following normal painting operations. 223 RESTRICTED-USE GUN - Any spray gun which atomizes coating using compressed air, such that in normal use or a use advertised by the manufacturer or distributor, the tip pressure exceeds 12 psig (0.8 bar) in measurements done pursuant 346.7 to subsection 502.2. Restricted-use gun also includes, but is not limited to, all conventional air-atomized spray guns. 224 SEALER, PRIMER, OR GROUNDCOAT - A film-building finishing material used to seal the pores of wood or wood-derived material before additional coats of finishing material are applied. Finishing materials used primarily to alter the appearance or color of the substrate, such as stains, washcoats, glazes, inks, and toners, are not sealers. 225 SINGLE RESIN-LAYER FINISH - A completed, consumer-ready finish, which has received only one application of resin-based coating serving as both sealer and topcoat, and having a total average dry finish thickness from the top of the finish to the surface of the wood-product substrate not exceeding 3 mils (0.076 mm) before sanding, as determined pursuant to the test method in subsection 502.3. If a washcoat is also used, the finish is not a single resin-layer finish. 226 STAIN - A coating, formulated to enhance wood grain and change wood color without concealing surface grain. Stain includes sap stain, toner, non-grain-raising (NGR) stain, equalizer stain, no wipe stain, penetrating stain, wiping stain, and glaze. Stain excludes sealers and topcoats. 227 STRIPPABLE COATING - A coating which is applied to spray booth surfaces to receive the overspray and protect the substrate, and which is designed to be readily pulled off in strips or sheets and disposed of. 228 STRIPPING OPERATION - Any operation in which organic solvent is used to remove coating from a substrate. 229 TOPCOAT - The last permanent, functional film-building finishing material applied to a manufactured wood-product. When the wood-product substrate is already sealed with sealer, any further coats that build a functional film are topcoats. Finishing materials used primarily to alter the appearance or color of the substrate, such as stains, washcoats, glazes, inks, and toners are not topcoats. A nonpermanent final finish is not a topcoat. 230 TOUCH UP COATING - A coating used to cover minor coating imperfections after the main coating operation. 231 TRANSFER EFFICIENCY - The ratio of the weight of coating solids deposited on an object to the total weight of coating solids used in a coating application step or series of such steps, expressed as a percentage. 232 VOC-BORNE COATING - A coating in which the volatile portion contains, by weight, more VOC than water. 346.8 233 VOC-SOLVENT - A solvent or diluent, used to solvate, dilute, reduce, thin, clean or strip, in which the weight-percent of VOC exceeds the weight percent of water. 234 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except a non-precursor organic compound. 235 WASHCOAT - A transparent special purpose coating having a solids content by mass of 12.0 percent or less, and which is used to seal wood-product surfaces for any of the following purposes: to prevent undesired staining, to control penetration of subsequent finishes, to provide a barrier when paper laminates are applied to the wood-product, to seal glazes, and to improve adhesion of a waterborne topcoat. 236 WOOD MILLWORK - All millwork made of wood-product that is included in Standard Industrial Classification (SIC) industry number 2431. This includes, but is not limited to, shutters, doors, windows and their associated woodwork. 237 WOOD-PRODUCT - Wood or wood-derived material, such as chipboard, particle board, fiberboard, pressed board, paper, and any other material derived from wood, bamboo, cane, or rattan, that retains some of the physical structure(s) of such original material(s), even if only at a microscopic level. 238 WORKING DAY - A day, or any part of a day, in which a facility is engaged in manufacturing. SECTION 300 - STANDARDS 301 VOC CONTENT: 301.1 Coating VOC Limits: No person shall apply topcoats, sealers or opaque coatings to wood-product surfaces on millwork unless VOC content is limited to the following, less water and non-precursor organic compounds: a. General VOC Limits of Coatings g/l CATEGORY lb/gal Non-opaque topcoat 635 Non-opaque sealer 645 5.29 5.38 346.9 Non-opaque acid-cured, alkyd amino topcoat 655 Non-opaque acid-cured, alkyd amino vinyl sealer 680 5.45 5.66 Opaque: Topcoat, Sealer, Primer, Groundcoat, Basecoat, or Stain. 5.10 b. c. 610 VOC Tradeoff Options: (Acid-cured, alkyd amino coatings are exempt from gun tagging requirements.) (1) Lower VOC Topcoat And Unlimited Sealer: A sealer has no VOC limit if all of its topcoat(s) have no more than 3.83 lb VOC/gal (460 g/l). (2) Lower VOC Sealer and Higher VOC Topcoat: A sealer containing no more than 275 g VOC/liter (2.3 lb/gal) may be covered by a topcoat over 635 g/l containing up to 680 g VOC/liter (5.66 lb/gal), if the gun applying the topcoat is properly tagged. Requirements for gun tagging are in Section 403. (3) Single Application Finish: A coating over 645 g/l which qualifies as a single resin-layer finish pursuant to Section 225 may contain up to 680 g VOC/liter (5.66 lb/gal) if the gun applying the coating is properly tagged. Requirements for gun tagging are in Section 403. Coatings with no VOC limits: Non-opaque stains, washcoats, glazes, toners, inks and other non-opaque coatings not specified in subsection 301.1 have no VOC limits. 301.2 Strippable Booth Coatings: No person shall use a strippable booth coating containing more than 360 g VOC/liter (3.0 lb VOC/gal), as applied. 301.3 Emission Control System (ECS) As An Alternative Control: A facility may meet the VOC limits of either or both Subsections 301.1 and 301.2 if the owner or operator complies with all provisions in this rule’s Appendix A and with the other applicable provisions of this rule. 301.4 Smaller Source Option: The owner or operator of a facility that has emitted 2 or more tons but less than 10 tons per year of VOC from all wood coating and associated operations is exempted from all provisions of Sections 300, 400, and 501 (but not Sections 100, 200, and 502) if all 346.10 provisions are complied with in this rule’s Appendix B. Sources emitting less than 2 tons of VOC per year may be allowed exemptions pursuant to subsection 307.2c. 302 LIMITATION OF CONVENTIONAL AIR-ATOMIZED SPRAY AND OTHER SPRAY METHODS ATOMIZING WITH HIGH-PRESSURE AIR: 302.1 Evidence of Transfer-Efficient Spray Equipment: A person shall not spray millwork with coating exceeding 4.29 lb VOC/gal (515 g VOC/liter) without providing evidence of possession and use of a low pressure spray gun or system, an electrostatic system, or a system that atomizes principally via hydraulic pressure, including air assisted airless and ultralow-volume-air assisted technologies. Such requirement does not apply to any facility, activity, or person exempted by Section 307 of this rule nor to any specific system which is approved by the Administrator as having a transfer efficiency consistently exceeding 64%. 302.2 Limitation Of Air-Atomized Spray Other Than Low Pressure: No person shall use a conventional air-atomized spray gun or other restricted use gun, except: a. To apply finishing materials that have a VOC content not exceeding 4.29 lb/gal (515 g/liter). b. If VOC emissions from the finishing application station, employing such a gun, are captured and directed to an ECS complying with the provisions of Appendix A. c. d. For touch-up and repair only under either of the following conditions: (1) such application is performed after completion of the entire finishing operation; or (2) such application is performed after applying stain, and before any further coating, by equipment having a total capacity not exceeding 2.1 gallons (8 liters). To apply less than 5% of all coating, pursuant to subsection 307.2d. 303 OPERATION AND MAINTENANCE: Any person subject to this rule shall operate and maintain in proper working order all process equipment in which VOCcontaining materials are used or stored. 304 CLEANUP AND EQUIPMENT: CLEANING 346.11 OF SUPPLY AND APPLICATION 305 304.1 Booth cleaning: No person shall clean spray booth components using a solvent containing more than 8.0 percent by weight of VOC (including water and non-precursor compounds) except for conveyors, continuous coaters and their enclosures, and metal filters. If the spray booth coating is being replaced, a person shall use no more than 1.0 gallon (3.8 liters) VOCsolvent to clean the booth. 304.2 A person shall collect all solvent(s) used to clean spray guns and shall pump or drain all solvent used for line cleaning into non-leaking container(s). Such containers shall be immediately closed or covered after all the solvent has been collected, and shall remain so except when in use. HANDLING AND DISPOSAL OF VOC: 305.1 Use and Storage: A person shall cover and keep covered each VOCcontaining material which is not currently in use. A person shall store finishing and cleaning materials in closed or covered containers. 305.2 306 Disposal Of VOC And VOC-Containing Material: A person shall store all VOC-containing materials intended for disposal including, but not limited to, rags, waste coatings, waste solvents and their residues, in closed containers which are legibly labeled with their contents and which remain covered when not in use. STATEMENT OF VOC CONTENT: Effective May 3, 1996, a manufacturer of wood coatings which are subject to this rule shall provide on each coating container or as an accompanying specification of each coating container a designation of VOC content in grams of VOC per liter (g/l) of coating or pounds of VOC per gallon (lb/gal) of coating, less water and non-precursor organic compounds. This requirement shall not apply to containers having a capacity of one liter (1.05 quart) or less. 307EXEMPTIONS: 307.1 Total Exemption: The following materials are exempt from this rule: adhesives, architectural coatings, printing ink, and coatings not applied on or over a wood-product substrate. 307.2 Partial exemptions a. Touch-up cans: Coatings in aerosol spray cans not exceeding 22 fl. oz. (0.66 liter) capacity used exclusively for touch-up and/or repairs are subject only to the recording requirements of subsections 501.a, b., and c. 1 1 This errata note is not part of Rule 346. For the reader's convenience, the reference to "subsections 501.a., b., and c." is incomplete. The correct reference should be "subsections 501.1a., 501.1b.(2), 346.12 b. VOC and Spray Exclusions: The following shall be exempt from subsection 301.1 and Section 302 of this rule: c. (1) Refinishing, Replacement, And Custom Replica Millwork Operations: Any refinishing operation necessary for preservation, to return millwork to original condition, to replace missing millwork items to produce a matching set, or to produce custom replica millwork. (2) Limited Amounts: The use of the following coating types when the annual total use of all such types together is less than 948 liters (250 gal): prepackaged aerosol spray cans which are not used for touch-up or repair; metal leaf finishes; and faux finishes. Small Source Status: A millwork coating facility which at any time demonstrates that it currently meets both of the following requirements is exempt from all provisions of this rule except for Section 303 “Operation and Maintenance” and Section 305 "Handling and Disposal of VOC". An operator of such an exempted facility shall keep on the premises current records of all coating related materials currently used, and their VOC content. For this purpose, a complete, updated set of receipts/invoices and Material Safety Data Sheets (MSDSs) will suffice if each receipt/invoice is retained on the premises at least two years. (1) Facility records demonstrate that no more than a total of 55 gallons (209 liters) of VOC-borne wood-product coatings plus VOC-solvent, including wood furniture coating operations, are used in any month and that such monthly total divided by that month’s number of days of coating application does not exceed 3.0 gallons (11.4 liters); and (2) The facility emits less than 1814 kg (4000 lb) VOC, facilitywide per year from all wood-product coating operations including VOC in both solvent-borne and water-borne coatings, all VOC diluent added to coatings, all solvent cleaning and stripping, and VOC-solvent used for coating equipment cleanup. d. Using Restricted Use Guns; Red Tag: In addition to the uses of restricted-use guns allowed under subsections 302.2 a., b., and c., a 501.1c., 501.2b.(2), 501.2b.(5), and 501.3." The reference will be corrected for the next revison of this rule. 346.13 person may use a conventional air-atomized or other restricted use gun to apply coatings exceeding 4.29 lb VOC/gal (515 g/l) if all the following conditions are met: (1) The volume of such coating applied in this way is less than 5% of the total volume of coating applied at the facility; (2) Each gun has a red tag when spraying materials exceeding 4.29 lb VOC/gal. Requirements for gun tagging are in Section 403; (3) A log shall be kept pursuant to subsection 501.2c. of the amount of coating used by each such gun. This shall be done daily or each time coating is added to the gun’s coating reservoir; and semi-annual calculation shall be made, pursuant to subsection 501.2. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: The following schedule applies, with exceptions for operations using an Emission Control System provided in Appendix A. 401.1 Sources Emitting 50 TPY: Any facility which has applied for or received Title V status, has in its permit an annual VOC limit of 50 tons or more, or which has had an aggregate VOC emission to atmosphere after December 31, 1989, of 50.0 tons (45.35 Mg) or more in any calendar year or 300 pounds (136 kg) or more in any day, emitted from wood coating operations, including coating wood furniture, and from associated cleaning processes shall by May 3, 1996, be in compliance with all requirements of this rule and have submitted a Control Plan. The Control Plan shall set forth the maximum VOC contents and provide a copy of the documentation showing how the coating-as-applied values were determined.: 401.2 Other Sources: The schedule follows for any wood millwork facility with total VOC emissions to atmosphere in each of the years 1990 through 1995 of less than 300 pounds (136 kg) in any day and 50.0 tons (45.35 MG) in any calendar year, emitted from wood coating operations, including coating wood furniture, and from associated cleaning processes: a. A facility, for which an owner or operator chooses to meet the requirements of Section 301 by using compliant coatings, shall be in compliance with all applicable provisions of this rule, except for Section 301 and Section 302 by May 3, 1996. Such facility shall be in compliance with Section 301 and Section 302 of this rule by November 15, 1996. 346.14 b. Control Plan: A facility which has emitted more than 25 tons of VOC from coating operations in any of the years 1993 through 1995 must submit a Control Plan by August 1, 1996, setting forth the maximum VOC content and copies of the documentation showing how the coating-as-applied values were determined. 402 REGULATORY CLARIFICATION 402.1 Status With Respect To Rules 330 And 336: No wood millwork coating operation is subject to Rule 330 or to Rule 336. 402.2 Component Materials That Were Subject To Prior Regulation: The regulatory status of facilities, owners or operators is not affected by the fact that component materials, such as wood composites or paneling, may have been subject to Reasonably Available Control Technology (RACT) or other regulatory requirements in their original manufacture, before their subsequent use by a facility in Maricopa County. 402.3 Other Rules: Nothing in this rule exempts a person from complying with the NESHAP (National Emission Standards for Hazardous Air Pollutants) for coating wood furniture and fixtures or from complying with any other applicable Federal, states, and local laws or regulations. 402.4 Coating Over Wood Coating(s) The Same As Coating Onto Wood: The VOC-limits for finishing materials given in subsection 301.1 of this rule apply to such coatings whether applied directly onto any area of woodproduct substrate or on any intermediate layer(s) of coating on the woodproduct substrate. 402.5 Opaque Coatings: a. Anti-circumvention: If a completed finish is opaque but, by themselves, neither the topcoat nor the basecoat nor the primer/sealer is opaque, at least one of such coatings shall not exceed 5.1 lb VOC/gal (610 g VOC/liter) as applied. b. Confirmation of opaqueness: In a dispute between the Control Officer and an owner or operator as to whether a coating, which visually appears opaque to the Control Officer on a particular millwork surface, is opaque and therefore shall not exceed 5.1 lb VOC/gal (610 g VOC/liter) as applied, the finish shall be judged opaque if either the coating is described as opaque by the manufacturer or the material has a contrast ratio exceeding 84% at 1 dry mil (0.025 mm) of coating thickness. 346.15 403 GUN TAGGING REQUIREMENTS 403.1 An owner or operator shall use a correctly colored 4 square-inch vivid, durable tag, sticker, or painted emblem/label visible on the gun or within 3 ft of the gun on the gun’s hose to meet the tagging/labeling requirements of subsections 301.1b. and 307.2d. 403.2 Tagging Summary: Guns shall be tagged with the designated color for the following coating content or gun-type situations; (each VOC content is less water and non-precursor organic compounds): a. A Red Tag Or Label For VOC Tradeoff Option in Subsection 301.1b. (Acid-cured, alkyd amino conversion varnishes are exempt from this subsection 403.2a.) (1) On the gun applying topcoat above 5.29 lb VOC/gal (635 g/l) over sealer not exceeding 2.30 lb VOC/gal (275 g/l). [Reference subsection 301.1b.(2)]. (2) On the gun applying a single application finish exceeding 5.38 lb VOC/gal (645 g/l). [Reference subsection 301.1b.(3)]. b. Using a Conventional or other Restricted Use Gun: A red tag when applying coating over 4.29 lb VOC/gal (515 g/l) that is not for repair or touch-up. (Ref. subsection 307.2d.) SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: An owner or operator subject to this rule shall keep the following records and lists in a consistent and complete manner and shall make them available to the Control Officer without delay during normal business hours. Each record shall be maintained for a minimum of five years. 501.1 Current List: a. VOC-containing materials: A current list of all VOC-containing materials shall be maintained which contains the name or code and the VOC content of each. Any qualified single resin-layer finish shall be identified as such. b. How to express VOC content: (1) Topcoats, Sealers, and Strippable Booth Coatings: Two VOC-content values must appear for each topcoat, sealer, and booth coating: both grams VOC/liter (lb VOC/gal) including 346.16 water and non-precursor organic compounds, and grams/liter less water and non-precursor organic compounds. (2) c. Other: Use grams/liter (or lb/gal) for both coatings that are not sealers, topcoats, nor booth coatings and for non-coatings such as reducers, thinners, cleaners, etc. Acceptable Format: VOC-containing materials shall be listed legibly and completely. The following is an example of an acceptable method: Example: Identify and list each VOC-containing material in the following 6 categories: 1. topcoats; 2. sealers; 3. catalyst/hardeners; 4. diluents, such as reducers, coating solvents and thinners; 5. cleaning and stripping solvents; and 6. other VOC-containing materials. Next to each, record the VOC-content found on the container, an MSDS, an invoice, or other source. d. Mix ratios: A current list shall be maintained of the manufacturer's recommended mix ratio of components, including but not limited to adding reducers and catalyst/hardeners, except when the manufacturer has no recommendations for any additions. 501.2 Schedule For Recording Material Usage: a. Daily Updates For Non-Compliant Material: Daily usage quantities of each topcoat, sealer or booth material that exceeds applicable VOC limits of subsection 301.1 or subsection 301.2 or subsection 304.1 shall be totaled and logged by the end of the following workday. VOC content shall be entered for each such material. b. Monthly Update For Materials Compliant with Sections 301 and 304: By the end of the following month, an owner or operator shall update the following records for each month: (1) Diluted Coatings: For each topcoat and sealer to which reducer or other VOC-containing diluent is added at any time after its arrival at a facility, enter its highest VOC content in lbs/gal (or g/l) less water and non-precursor organic compounds. (2) The amount of coating, the amount of catalyst/hardener, and the amount of reducer/coating diluent used. (3) The quantity and type of organic solvent used each month for stripping and cleaning; 346.17 (4) (5) c. 501.3 502 The quantity of organic solvent disposed of offsite. Exception: Update yearly the totals of the usage of each VOCcontaining material known to be used in amounts less than 15 gallons (57 liters) per year. Semi-Annual Updates of Coatings Applied with Restricted-Use Guns: Records associated with the Section 302 limitations on the use of conventional air-atomized spray guns and other restricted-use guns shall be kept. These records shall show for each semi-annual period the volume (VR) of finishing materials exceeding 515 g VOC/liter (4.29 lb VOC/gal) applied with conventional air-atomized spray guns and other restricted use guns. In addition, the total volume of all finishing material (AMV) used throughout the facility shall be determined. The total volume (VR) so applied over the previous sixmonths is divided by the total of all coatings used in the same period (AMV) and these calculations and the result are entered in the log. Disposal/Recovery: An owner or operator shall keep records of disposal/recovery of all VOC-containing materials. COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule, as determined by any of the applicable test methods, constitutes a violation of this rule. 502.1 Measurement of VOC content, pursuant to the VOC-limits of subsections 301.1, 301.2 and 304.1, shall be conducted and reported in accordance with EPA Test Method 24 (40 CFR 60, Appendix A). Acetone content shall be determined within the context of Method 24 by EPA Method 311 or other method acceptable to EPA. Multi-part coatings including those with reactive diluent(s) shall be tested by Method 24 procedures. 502.2 Measurement of air pressure at the center of the spray gun tip and air horns of a conventional air-atomized spray gun (reference Section 302 and subsection 307.2d.) shall be performed using an attachable device in proper working order supplied by the gun's manufacturer for performing such a measurement. 502.3 Determination of mil thickness for determining compliance with subsection 301.1b.(3) shall be performed by draw bar and calculations using the weight and area of the film and the density of the cured coating solids, by a Tooke Inspection Gage according to the instructions of its manufacturer, or by other means used for the purpose by a major coating manufacturer's laboratory or quality control. 346.18 502.4 Contrast ratio determinations pursuant to subsection 402.5b shall be done using American Society for Testing and Materials (ASTM) Method D2805-80. APPENDIX A TO RULE 346 Appendix A is the first of two appendices to Rule 346. Appendix A includes all requirements for an Emission Control Device a. Eligibility: A person is allowed to meet the VOC limits of either or both subsections 301.1 and 301.2, and meet the spray gun provisions of subsection 302.2 of this rule by using an ECS which reduces VOC emissions overall, including capture and processing, by at least 81 percent by weight. b. Compliance Schedule For ECS: An owner or operator of a millwork coating facility shall have such facility in compliance per the following schedule. Total VOC emissions is the total VOC from all wood coating operations and associated cleaning processes. This includes furniture coating. (1) Sources Emitting 50 TPY: Full compliance with all applicable requirements of this rule shall be by November 15, 1996, if such facility has applied for or received a Title V permit, has a permit with a VOC-emission limit of 50 tons or more, or which has had an aggregate VOC emission to atmosphere after December 31, 1989, of 50.0 tons (45.35 Mg) or more in any calendar year or 300 pounds (136 kg) or more in any day. In addition, an owner or operator shall provide the Control Officer with: (a) Both proof of a binding contract for an ECS and a compliance plan by June 3, 1996, listing the dates of completion of increments of progress toward meeting the requirements of the subsection 301.3. (b) An O&M Plan for the ECS by November 15, 1996. (2) Other Sources: A facility shall be in compliance with the VOC limits of subsection 301.1 and 301.2 by January 15, 1997, if the facility’s total VOC emission in each of the years 1990 through 1995 is less than 300 pounds (136 kg) in any day and 50.0 tons (45.35 MG) in any calendar year. In addition, the owner or operator shall provide the Control Officer with: (a) Both proof of a binding contract for an ECS and a compliance plan by June 3,1996, listing the dates of completing the increments of progress toward meeting the requirements of subsection 301.3; and (b) An O&M Plan for the ECS by January 2, 1997. 346.19 c. Providing And Maintaining ECS Monitoring Devices: Any person operating an emission control system (ECS) pursuant to subsection 301.3 of this rule shall install, maintain, and calibrate monitoring devices described in an O&M Plan submitted to the Control Officer pursuant to subsection d.(1). The monitoring devices shall measure temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly. d. Operation and Maintenance (O&M) Plan Required for ECS: e. (1) The owner or operator of an emission control system (ECS) used to meet the requirements of Section 301 of this rule shall provide the Control Officer with an Operation and Maintenance (O&M) Plan. This O&M Plan shall specify key system operating parameters, such as temperatures, pressures and/or flow rates, necessary to determine compliance with this rule, and describe in detail procedures and their frequency of implementation needed to maintain the ECS. (2) The Control Officer's written approval of the O&M Plan is required. The owner or operator shall consistently implement all provisions of the O&M Plan. (3) Changes in frequency: Changes involving reduction in the frequency or extent of procedures or parameters in a Control-Officer approved O&M Plan shall have the written consent of the Control Officer prior to being implemented. (4) Other changes: An updated O&M Plan must be submitted to the Control Officer for review within 10 days of any changes not involving reduction in frequency or extent of procedures or parameters of an approved O&M Plan. Within five working days of a written disapproval of such changes, either the original O&M Plan shall be reinstituted or an alternative plan, negotiated with the affected facility and approved in writing by the Control Officer, shall be instituted. Recordkeeping (1) ECS Operation and Maintenance Records: On each day that an ECS is used to comply with Section 301 of this rule, an owner or operator shall make a permanent record of the operating parameters of the key systems described in the O&M Plan. For each day or period in which the O&M Plan requires that maintenance be performed, a permanent record shall be made of the maintenance actions taken, within 24 hours of maintenance completion. An explanation shall be entered for scheduled maintenance that is not performed during the period designated in the O&M Plan. (2) Other Records Required When Complying Via ECS: An owner or operator choosing to meet the requirements of Section 301 through the use of an ECS shall maintain, in addition to the records required by subsection 501.2: 346.20 f. (a) Daily documentation showing the VOC content of the finishing material, as applied, in pounds VOC/gallon (g/l) when solvent or other VOC is added to the finishing material before application. (b) Daily records showing the amount of coating, the amount of catalyst/hardener, and the amount of solvent, reducer, and/or diluent used. Compliance Determination - Test Methods: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule, as determined by any of the applicable test methods, constitutes a violation of this rule. (1) Measurement of VOC content, pursuant to the VOC-limits of subsections 301.1, 301.2 and subsection 304.1, shall be conducted and reported in accordance with EPA Test Method 24 (40 CFR 60, Appendix A). Acetone content shall be determined within the context of Method 24 by EPA Method 311 or other method acceptable to EPA. Multi-part coatings including those with reactive diluent(s) shall be tested by Method 24 procedures. (2) Control efficiency of an emission control device used to meet the requirements of Section 301 shall be determined according to EPA Reference Method 25 or an applicable submethod of Method 25 (Title 40, CFR Part 60, Appendix A). (3) When an unknown quantity of non-precursor organic compound is present in the input to a control device, EPA Method 18 shall be used to meet the requirement of Section 301. The Control Officer may specify an alternative EPA test method or other method approved by EPA. (4) Capture efficiency of an emission control device used to meet the requirements of Section 301 shall be determined by mass balance in combination with ventilation/draft rate determinations done in accordance with subsection f.(5), or according to "Guidelines for Determining Capture Efficiency" January 9, 1995, Candace Sorrell, Source Characterization Group A, Office of Air Quality Planning and Standards, US EPA. This EPA document is available at 2406 South 24 Street, Suite E-214, Phoenix, Arizona, 85034, or call (602) 506-6700 for information. Ventilation/draft rates of an emission control device used to meet the requirements of Section 301 shall be determined by EPA Methods 2, 2A, 2C, or 2D. (5) APPENDIX B -- 2nd of two appendices to Rule 346 A SHORT-FORM OPTION a. Applicability: This Appendix B to Rule 346 only applies to operators of facilities which have a permit or permit modification limiting VOC emissions from all wood millwork and furniture coating to less than 10 tons, and the permit or Control Officer states in writing that this Appendix B applies. For those facilities for which this Appendix B does apply, 346.21 no provisions within Sections 301 through 501, inclusive, shall be used to substitute for provisions in this Appendix B. Facilities subject to this Appendix B are also subject to all of Sections 100, 200, and 502. b. Definitions: For the purposes of this Appendix B, the following definition shall apply: (1) c. MINUS EXEMPT MATERIALS (MINUS EXEMPTS) - Means the same as “less water and non-precursor organic compounds” in specifying VOC content. Two Principal VOC Limits: You must meet the limit of pounds of VOC per gallon of coating (grams VOC/liter) after all blending and reducing is completed. All VOC limits are minus exempt materials. (1) All Non-opaque sealers, primers, & topcoats: 5.45 lb VOC/gal or 655 g/liter. (2) d. All Opaque sealers, primers, basecoats & topcoats: 5.10 lb VOC/gal or 610 g/liter. VOC Tradeoff Options: (1) Low VOC topcoat with unlimited Sealer: Low VOC topcoat: limit of 3.83 lb/gal topcoat (460 g/liter) & Higher VOC sealer: no VOC limit for sealer under such topcoat. (2) Low VOC sealer with higher VOC Topcoat Low VOC sealer: limit of 2.30 lb/gal sealer (275 g/liter) Higher VOC topcoat: Topcoat over such sealer may have up to 5.66 lb/gal (680 g/l). (3) e. One-step Finish: The operation must meet 2 conditions. Higher VOC combination sealer & topcoat: up to 5.66 lb/gal (680 g/liter) The 2 Conditions: I. A single wet application of either sealer or topcoat (not both). II. Thickness of the dry finish cannot exceed 3 dry mils, as determined by the test method in subsection 502.3. Spray Method Requirements: (1) Guns with higher transfer: If you spray coating having over 4.30 lb VOC/gal (515 g/l), you must use and have in evidence for an inspector at least one of the following onsite: • • Low pressure gun with less than 12 psig at tip. Examples: solely HVLP gun; a turbine gun. Airless; includes air-assisted airless. 346.22 • (2) (3) f. g. An electrostatic system. Green Tag Option – Restriction on conventional guns and other restricted-use guns: (a) Green Tag Requirements: A conventional air-atomized or other restricted-use gun shall have a durable and visible tag, sticker, or painted emblem, no less than 4 square inches in area on the gun or within 3 ft of the gun on the gun’s hose, or the facility is in violation. But, such a tag is not required at a facility having and using only coatings which contain less than 4.30 lbs VOC/gal (515 g/l), as applied. (b) Prohibition: No coating over 4.30 lb VOC/gal (515 g/liter) may be applied with a conventional air-atomized or other restricted-use gun. This prohibition includes, but is not limited to, traditional lacquers, washcoats, and low-solids stains. (“Conventional air-atomized gun” is defined in Section 207. “Restricted-use gun” is defined in Section 223.) Exemptions From VOC and Spray-Method Limits: Prepackaged aerosol spray in cans under 22 fl. oz.; faux & metal-leaf finish are exempt from Appendix B subsections c., d., e.(1) and e.(2), as is any refinishing operation necessary for preservation, to return millwork to original condition, to replace missing millwork items to complete a matching set, or to produce custom replica millwork. But nothing exempted by the previous sentence is exempt from the annual inventory of VOC emissions or from other provisions of this Appendix B. Housekeeping Functions: (1) Keep Coatings, Cleaners, & Waste-materials Covered: Coatings and cleaners not in use, as well as waste coatings, cleaning materials including solvent-dipped rags, and solvent used to clean spray equipment must be collected into a closed container or a container which is closed immediately after receiving such material. (2) Booth Cleaning: If booth/components other than metal filters are cleaned with solvent, no solvent which is more than 3.8 lb/VOC per gallon (455 g/l) shall be used. However, up to 1 gallon of solvent over 3.8 lb VOC/gal may be used for cleaning a booth as part of replacing coating on the booth. Records: Keep a list of all VOC containing material with the name and amount of VOC in each. Express VOC content in pounds of VOC per gallon or grams of VOC per liter. For topcoats and sealers, use the VOC-content listed as “less ‘exempt’ materials” or “EPA” or “EPA Method”. 346.23 (1) If you ever do your own reducing or thinning of a sealer or topcoat: Keep a list of the maximum VOC content of any material after you thin it or add additives at your facility. (2) Keep receipts for 5 years of the amount received for each VOC-containing material and of the amount of all VOC-waste materials sent for recycling or hazardous waste collection. (3) What To Record And How Often: Record the amount in the following 4 categories, (a) to (d), noting either the amount “used” or the amount “received” since your last records update: (a) All coatings including topcoats, sealers, stains, etc., including all parts, catalysts, activators, additives, hardeners (not reducers). If you use conventional or other restricted-use guns at all, total separately the coatings having less than 4.3 lb VOC/gal (515 g/l); (b) All reducers and diluents to be used for reducing or diluting coatings (not cleaning); (c) All solvents, strippers, thinners, and VOC-containing materials used for cleaning and cleanup (not reducing); and (d) All other VOC containing materials connected with wood coating. Omit janitorial & building maintenance. How Often to Update Your Records: (e) (1) Update the above items in (a), (b), (c), and (d) weekly if your total monthly use of all coatings and diluents [(a) + (b)] is 250 gallons or more. Otherwise, update monthly. (2) You may record just once a year those types of materials you use less than 15 gallons of. Example: I use 5 kinds of graining ink. Added all together, I use 14 gallons of all graining ink combined: I only have to update my graining inks once a year. 346.24 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 347 FERROUS SAND CASTING INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 BINDER 202 CERTIFIED PRODUCT DATA SHEET 203 DAY 204 EMISSION CONTROL DEVICE 205 EXEMPT COMPOUNDS 206 FACILITY-SPECIFIED WORKDAY 207 FERROUS METAL 208 INVESTMENT CASTING 209 MOLD-WASH 210 NON-PRECURSOR ORGANIC COMPOUND 211 ORGANIC BINDER MATERIAL 212 ORGANIC COMPOUND 213 SAND 214 SAND CASTING 215 VOC CONTENT (POUNDS OF VOC PER GALLON OF MATERIAL) 216 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 LIMITS 302 OPERATION AND MAINTENANCE 303 STORAGE AND DISPOSAL OF BINDERS, SOLVENTS, AND OTHER VOCCONTAINING MATERIAL 304 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 347.1 401 COMPLIANCE SCHEDULE 402 OTHER REGULATORY MATTERS SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 INSTALLING AND MAINTAINING ECS MONITORING DEVICES 503 COMPLIANCE DETERMINATION - TEST METHODS 347.2 Adopted 03/04/98 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 347 FERROUS SAND CASTING SECTION 100 - GENERAL 101 PURPOSE: This rule is to limit the amount of volatile organic compounds (VOCs) emitted by organic binder materials and other organic materials used in molds made of sand or other finely divided refractory material, in which ferrous metals are cast. 102 APPLICABILITY: This rule applies to the sand-casting of ferrous metal and does not apply to investment casting. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 BINDER - Any material which is used to bind molding sand or other refractory particles into a cohesive mold or part of a mold used for metal casting. The term, binder, includes any catalysts and any additives incorporated or mixed into the binding material, unless such catalyst or additive is excluded in writing by the Control Officer. 202 CERTIFIED PRODUCT DATA SHEET - A document, signed by an officer of a binder or coating-supplying operation, that states the maximum organic content or VOC content of a particular product as supplied. 203 DAY - A period of 24 consecutive hours beginning at midnight. 204 EMISSION CONTROL DEVICE - A system, approved in writing by the Control Officer, which reduces emissions of organic compounds and consists of collection and control devices which are designed and operated in accordance with good engineering practice. 205 EXEMPT COMPOUNDS - The non-VOC, evaporating portion of a formulation; this necessarily includes all non-precursor organic compounds and all volatile inorganic compounds such as water. 206 FACILITY-SPECIFIED WORKDAY - The regular starting time (and ending time) chosen by a facility operator to designate the facility’s own workday of 24 consecutive hours. 207 FERROUS METAL - Iron, steel, or a metal alloy in which iron is the greatest constituent. 347.3 208 INVESTMENT CASTING - A type of metal casting otherwise know as “lost-wax process” in which a mold, later used to receive molten metal, is built up around a fusible model. When the mold attains sufficient size, the model is melted out of the mold. 209 MOLD-WASH - A liquid coating or surfacing agent, containing refractory particles and binding agent(s), which is applied to the heat-receiving surfaces of a mold to impart desired casting properties. 210 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity and that are set forth in the definition of non-precursor organic compound in Rule 100. 211 ORGANIC BINDER MATERIAL - The organic-compound portion of those binders that contain more than 5% organic compound(s) by weight. 212 ORGANIC COMPOUND - Any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides and carbonates, and ammonium carbonate. 213 SAND - Granular, non-flammable, mineral material which lacks an organic component and has refractory properties. 214 SAND CASTING - A type of metal casting in which molten metal is poured into a mold made primarily of sand or other finely divided refractory material, bound together by binder material. For the purposes of this rule, sand casting does not include investment casting. 215 VOC CONTENT (POUNDS OF VOC PER GALLON OF MATERIAL) - The weight of VOC per volume of material that can be calculated by: Pounds of VOC per Gallon of Material = W s - W es Vm Where: Ws W es Vm 216 = = = weight of all volatile (evaporating) material, in pounds weight of water and all other exempt components, in pounds volume of material, in gallons. VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 347.4 301 LIMITS: No person shall operate a ferrous sand-casting facility with an aggregate emission to atmosphere of 150 pounds (68 kg) or more of VOC in any day or 25 tons (22.7 Mg) or more of VOC in any year from ferrous sand-casting operations, unless VOC emissions from mold binders are controlled either pursuant to subsection 301.1 or pursuant to subsection 301.2. 301.1 301.2 301.3 Control Device: (An) Emission Control System(s) which through capture and control reduces the total, facility-wide VOC emissions from binder by at least 81% as determined by the test methods referred to in Section 503 of this rule. VOC emissions from binders shall include but not be limited to VOC emitted from binders during mold-making, metal casting, and offgassing from residual binder adhering to granules of mold sand. a. Such System shall be operated whenever VOC emissions from binder can exceed 7 pounds (3.2 kg) per day, facility-wide. b. The requirement for 81% control in subsection 301.1 does not apply to those clock hours during which the operator can demonstrate that such mold-binder VOC-emissions are less than 1 pound per hour, facility-wide. Alternative Compliance Method: For each facility-specified workday in which molds are made, the ratio of organic binder-material in all binder used to all sand receiving binder shall not exceed 1.35 to 100, by weight, as determined by the formula in subsection 503.6 of this rule. a. The organic material in binders that contain no more than 5% organic compound(s) by weight is excluded from inclusion in the formula. b. Failure to obtain the sand ordinarily used for molding shall not be an excuse to exceed the binder-to-sand ratio limit pursuant to subsection 301.2, except as is provided in Rule 100, Section 501 of these rules. Surfacing Materials: A person shall comply with the following limits when using mold-wash or other mold surfacer: a. VOC content: (1) Prior to 12:01 AM, January 1, 1999, neither mold wash nor other mold surfacing product shall contain more than 2.5 lb VOC/gal (300 g/l). (2) After 12:01 AM, January 1, 1999, neither mold wash nor other mold surfacing product shall contain more than 1.0 lb VOC/gal (120 g/l). b. Averaging option: In lieu of observing the mold-wash VOC limit in subsection 301.3a, a person may choose to average mold-wash VOC content over each completed facility-specified workday, pursuant to all provisions in (1) and (2) as follows: 347.5 (1) For each facility-specified workday, the average is recorded within 13 hours after the start of the following facility-specified workday, using the formula in subsection 503.7 of this rule; and (2) Such average does not exceed a VOC content of 0.90 pounds VOC per gallon. 301.4 302 Gassing Operations: If a binder system that includes the injection of a reactive gas, can without controls emit more than 1 pound per hour of VOCs, its emissions shall be controlled by an emission control device that attains one of the following levels of control. a. 85% overall control (capture and processing) of such VOC. b. 90% capture and a maximum of 3.5 pounds per hour VOC emission from the control device at any and all production levels. OPERATION AND MAINTENANCE: 302.1 General Maintenance: Any person subject to this rule shall operate and maintain in proper working order all process equipment in which VOCcontaining materials are used or stored. 302.2 A Systematic Program To Establish Compliance With Subsection 301.2: The owner/operator, complying with this rule pursuant to subsection 301.2 of this rule, shall have a systematic program as follows: 302.3 a. The program shall consist of devices and/or other effective means, which each day accurately indicates the amount of sand and the amount of binder, catalyst and any other additive that contains organic compound(s) and is incorporated into the molding sand. b. Such program shall be in effect continuously during the mixing of binder with molding sand, and shall be of sufficient accuracy and consistency as to determine compliance with subsection 301.2 of this rule. c. Any devices that are part of the program and are resettable shall be so protected as to preclude resetting by personnel not designated by the operator. d. The systematic program shall include a complete, written description of its correct functioning, and shall be subject to the Control Officer’s approval. Operation and Maintenance (O&M) Plan Required for ECS: a. The owner or operator of an emission control system (ECS) operated pursuant to subsection 301.1 or subsection 301.4 of this rule shall have an Operation and Maintenance (O&M) Plan for each ECS. This O&M Plan shall specify key system operating parameters, such as temperatures, pressures and/or flow rates, necessary to determine compliance with this rule, and describe in detail procedures and their 347.6 frequency of implementation needed to maintain the ECS. The owner or operator shall provide a copy of the O&M Plan, if so requested by the Control Officer. 303 304 b. The owner or operator shall implement all provisions of the O&M Plan with the frequency specified by the Plan. c. Changes in frequency: Changes involving reduction in the frequency or extent of procedures or parameters in a Control-Officer approved O&M Plan shall have the written consent of the Control Officer prior to being implemented. d. Other changes: An updated O&M Plan must be submitted to the Control Officer for review within 10 days of any changes not involving reduction in frequency or extent of procedures or parameters of an approved O&M Plan. Within five working days of a written disapproval of such changes, either the original O&M Plan shall be reinstituted or an alternative plan, negotiated with the affected facility and approved in writing by the Control Officer, shall be instituted. STORAGE AND DISPOSAL OF BINDERS, SOLVENTS, AND OTHER VOCCONTAINING MATERIAL: 303.1 Storage: A person shall cover and keep covered or enclosed each uncured binder material, any solvents, and any other VOC-containing material which are not in use. A person shall store binder materials and cleaning materials in closed or covered containers. 303.2 Disposal Of VOC And VOC-Containing Material: A person shall store all waste materials containing any VOC in fluid form, including but not limited to uncured binder components, rags, waste coatings, waste solvents and their residues, in closed containers. Such containers shall have labels that legibly identify their contents and shall remain covered except when contents are being added or removed. EXEMPTIONS: Each calendar year an owner or operator is allowed to claim a total of 55 gallons of mold-wash that is exempt from all requirements pursuant to subsection 301.3 of this rule if all such mold-wash is separately identified, logged, and each month is cumulatively totaled for the year. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: This rule is effective September 1, 1998. 402 OTHER REGULATORY MATTERS: 402.1 Nothing in this rule shall relieve a person from complying with other applicable environmental statutes and rules. 347.7 402.2 Rule 331 of these rules applies to cleaning, degreasing, and stripping processes which can emit VOC. Rule 336 applies to the coating of castings. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: An owner or operator subject to this rule shall keep the following records and lists in a consistent and complete manner, and shall make them available to the Control Officer upon request. Records of the previous 12 months, requested during normal business hours, shall be made available without delay. Each of the following records shall be maintained for a minimum of five years: 501.1 501.2 501.3 Current List: a. Maintain a current list of all VOC-containing fluid materials as received by the facility such as binders and/or binder components, coatings, cleaning solvents, lubricants and any other VOC-containing substances. b. List the name or designation of each and include next to it the VOC content of each in pounds per gallon or grams per liter. c This requirement does not apply to materials having less than 2 percent organic content by volume as received. Monthly Schedule: By the end of the following month, an owner or operator shall update the following records for each completed month: a. The amount of each binder constituent used. b. The amount of each mold-wash and surfacer used. c. The quantity and type of VOC-containing solvent added each month as a diluent in binders, mold-wash, surfacer, or as a diluent in some other production capacity. d. The quantity of fluid VOC or material containing any fluid VOC disposed of offsite. This includes VOC on rags, sand, and other materials. e. Annual Exception: Yearly, update the totals of the usage of each fluid, VOC-containing material that is known to be used in amounts totaling less than 15 gallons (57 liters) per year for all that type of material. Frequency Of Computing The Binder-To-Sand Ratio: The following provisions apply to a facility complying with VOC limits pursuant to subsection 301.2 of this rule: a. Monthly: Computations of mass balance for the month shall be made according to the period-weighted average formula in subsection 503.6 of this rule within 7 workdays after the end of the month. 347.8 b. Daily From Meter Readings: Such calculations for each day, determined with the numerical output(s) of the system run pursuant to subsection 302.2 of this rule shall be completed and entered in a log by 12:01 PM of the following workday or by the middle of the first shift of the following facility-specific workday. c. Reduced Frequency of Determination for Ratios Below Limits: (1) Earning weekly determinations: If no daily ratios exceed 1.27 : 100 for forty consecutive workdays and no weekly ratio is above 1.25 : 100 during the same period, then weekly averaging may be instituted in place of daily calculations of the daily average, until such time as that weekly ratio is exceeded. Following such an exceedance, daily determinations shall be resumed. (2) If there is no weekly average ratio above 1.20 : 100 for 10 consecutive weeks, then the following schedule may be followed: (A) Determine each month’s average by the middle of the first full, facility-specified workday of the following month; and (B) In each month, determine the weekly average-ratio of a single, selected week in that month by the middle of the first full workday of the following week. The selected week shall be either the week specified in (i) or shall be the week specified by the Control Officer pursuant to (ii): (i) Determine the weekly average ratio for the week that falls immediately after the 3rd full work-week of the month. (ii)The Control Officer may from time to time designate to the operator a random work-week of the month for determination of that week’s average organic-compound to sand ratio. The Control Officer shall notify the operator prior to the commencement of production activities for the designated work-week. (C) Determine the weekly average ratio by the middle of the first full workday of the following week. If any monthly average ratio exceeds 1.19 :100 or if any weekly average exceeds 1.20 : 100, then weekly averaging shall be resumed, unless the daily ratio maximum in 501.3c(1) of this rule is also exceeded, in which case daily determinations shall be resumed pursuant to subsection 501.3b. (3) The schedule of determinations pursuant to subsections 501.3c(1) and (2) is disallowed if any exceedance or violation occurs of said schedule or of subsection 301.2 requirements. In either case, the operator shall then resume each schedule in subsections 501.3a and 501.3b. (4) Reinstatement: Should an operator desire to reinstate a schedule provided in subsection 501.3c, the operator shall make such a request, in writing, to the Control Officer. The request shall state 347.9 changes or improvements that make meeting the schedule’s requirements reasonably certain. The Control Officer shall approve or deny such a request in writing. 502 503 INSTALLING AND MAINTAINING ECS MONITORING DEVICES: Any person operating an Emission Control System (ECS) pursuant to subsection 301.1 of this rule shall install, maintain, and calibrate monitoring devices described in an O&M Plan submitted to the Control Officer pursuant to subsection 302.3. The monitoring devices shall measure temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly. 502.1 ECS Operation and Maintenance Records: On each day that an ECS is used to comply with Section 301 of this rule, an owner or operator shall make a record, retained for 5 years, of the operating parameters of the key systems described in the O&M Plan. For each day or period in which the O&M Plan requires that maintenance be performed, a permanent record shall be made of the maintenance actions taken, within 24 hours of maintenance completion. An explanation shall be entered for scheduled maintenance that is not performed during the period designated in the O&M Plan. 502.2 Other Records Required When Complying Via ECS: An owner or operator choosing to meet the requirements of Section 301 through the use of an ECS shall maintain, in addition to the monthly records required by subsection 501.2 of this rule, daily records showing the amount of binder, wash, and diluent used. COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 503.1 503.2 Calibration of Metering Equipment on the Sand/Resin Mixer: a. Each month or as often as calibration is prescribed by the operating instructions supplied by the manufacturer , whichever is more frequent, the amount of sand delivered per minute at each different sand-supply rate for each different sand-supply equipmentconfiguration in current use shall be determined prior to any adjustment, and recorded. The same shall be done for the binder at each resin ratio setting and for the catalyst flowmeter if one is used pursuant to required calculations. b. If adjustment is made to any device of which such adjustment can affect the flow rate, a flow rate test shall be performed subsequent to completion of adjustment, and the result recorded. VOC and Organic Content – Laboratory Methods: 347.10 a. Washes: The VOC content of mold-washes and surfacers, as applied, shall be determined by a certified product data sheet or EPA Test Method 24 of 40 CFR Part 60, Appendix A. If there is a discrepancy between the information on the certified product data sheet and the results of the Method 24 analysis, compliance status shall be based on the Method 24 results. b. Binders: The organic-compound content of binders, as used, shall be determined by a certified product data sheet or EPA Test Method 415.1, Total Organic Carbon. If there is a discrepancy between the information on the certified product data sheet and the results of the EPA Test Method 415.1, compliance status shall be based on the Method 415.1 results. c. Molds: The following are laboratory methods for determining the organic content of sand in a cured mold. Using these methods requires that an initial determination be made of the total organic carbon or the amount of loss on ignition (LOI) of the sand before the sand is combined with binder and formed into a mold. (1) EPA Test Method 415.1, Total Organic Carbon, or by another Control-Officer approved, standard test-method for determining total carbon that is either an EPA-approved method or is a submethod included by an EPA test-method. (2) When the percentage of organic compounds in a binder has been established to the satisfaction of the Control Officer, American Foundry Society Procedure 117-87-S, Loss On Ignition, may be used. 503.3 Control efficiency of an emission control device required by Section 301.1 shall be determined according to EPA Reference Method 25 or an applicable submethod of Method 25, 25A, or 25 B (Title 40, CFR Part 60, Appendix A). 503.4 Capture efficiency of an emission control device required by Section 301.1 shall be determined by mass balance in combination with ventilation/draft rate determinations referenced in subsection 503.5, or shall be done in accordance with US EPA Test Methods 204, 204a, 204b, 204c, 204d, 204e, and 204f, Appendix M, 40 CFR 51. This EPA document is incorporated by reference and is available at 1001 North Central Avenue, Phoenix, Arizona, 85004, or by calling (602) 506-6700 for information. 503.5 Ventilation/draft rates of an emission control device required by Section 301.1 shall be determined by EPA Reference Methods 2, 2A, 2C, or 2D (40 CFR Part 60, Appendix A). 503.6 Calculations Determining Compliance With Alternative Compliance Method, Subsection 301.2: Subsection 301.2 requires a determination of 347.11 the facility-wide, period-weighted average-ratio of the organic mass of all the binders used as compared to the mass of sand receiving the binders during an averaging period. This shall be calculated using the following equation: Organics to binder-sand ratio = M1 O1 + M2 O2 +   + Mn On SD1 + SD2 +   + SDL + M1 (1 − O1) + M2 (1 − O2 ) +  + Mn (1 − On ) OT (Total Organic Content) = M1O1 + M2O2 + ......... +MnOn where: OT Total organic material in the binder system(s) used during the averaging period, in kilograms (or lbs). O1 = The organic ratio of the first binder formulation used during the averaging period, expressed in kilograms organic compounds per kg. of binder (lb/lb). O2 = The organic ratio of the second binder formulation used during the averaging period, expressed in kilograms organic compounds per kg. of binder (lb/lb). On = The organic ratio of the very last binder formulation used during the averaging period, expressed in kilograms organic compounds per kg. of binder (lb/lb) when a total of "n" formulations were used. M1 = The total mass, used throughout the period, of the first binder formulation used that period, expressed in kg. or lb. M2 = The total mass used throughout the period, of the second binder formulation used that period, in kg. or lb. Mn = The total mass, used throughout the period, of the very last binder formulation used that period, when a total of "n" formulations were used, expressed in kg. or lb. SD1 = The mass of sand used in day one of the averaging period. SD2 = The mass of sand used in day two of the averaging period. SDL = The mass of sand used on the last day of the averaging period. 347.12 503.7 Daily-Weighted Average VOC Content of Mold Washes: The dailyweighted average VOC content of all the mold-wash used facility-wide during a facility-specified workday, a quantification required in order to comply with subsection 301.3b, shall be calculated using the following equation and be expressed in grams of VOC per liter of mold-wash (or lbs./gal). VOCW = V1 C1 + V 2 C2 +  + V n Cn + Mva V1 + V 2 +  V n + V va + V sa where: VOCw = The daily-weighted average VOC content of all "n" mold-wash formulations ("a" through "n") used during a workday throughout the facility expressed in grams of VOC per liter of mold-wash (or lb/gal). C1 = The VOC content of the first mold-wash formulation used during a workday in grams per liter of mold-wash (lb/gal). C2 = The VOC content of the second mold-wash formulation used during a workday, in grams per liter of mold-wash (or lb/gal). Cn = The VOC content of the very last mold-wash formulation used during a workday when a total of "n" formulations were used, and the only formulation remaining to be accounted for. It is expressed in grams VOC per liter of mold-wash-formulation "n" (or lb/gal). Mva = The total mass of VOC added to any previously formulated mold-wash used during the course of this workday not otherwise accounted for in VOC-content of formulations (expressed in grams or lbs). This includes the VOC portion of added materials which also contain non-VOC components. V1 = The total volume used throughout the workday of the first moldwash formulation used that day, expressed in liters (or gal). V2 = The total volume used throughout the workday of the second mold-wash formulation used that day, in liters (or gal). Vn = The total volume used throughout the workday of the very last mold-wash formulation used that workday, when a total of "n" formulations were used. It is expressed in liters (or gal) of formulation "n". Vva = The total volume of VOC in liters (or gal) added to any and all previously formulated mold-wash during the course of this workday for make-up, viscosity reducing, or other purpose(s), not otherwise accounted for in the VOC-content of formulations. 347.13 Vsa = The total volume of solids in liters (or gal) added during a workday to any already formulated mold-washes used during the workday such solids are added. 347.14 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 348 AEROSPACE MANUFACTURING AND REWORK OPERATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 ABLATIVE COATING 202 ADHESION PROMOTER 203 ADHESIVE BONDING PRIMER 204 AEROSOL COATING 205 AEROSPACE VEHICLE OR COMPONENT 206 AIRCRAFT FLUID SYSTEMS 207 AIRCRAFT TRANSPARENCY 208 ANTICHAFE COATING 209 ANTIQUE AEROSPACE VEHICLE OR COMPONENT 210 AQUEOUS CLEANING SOLVENT 211 BONDING MASKANT 212 CHEMICAL AGENT-RESISTANT COATING (CARC) 213 CHEMICAL MILLING MASKANT 214 CLEANING OPERATION 215 CLEANING SOLVENT 216 CLEAR COATING 217 CLOSED-CYCLE DEPAINTING SYSTEM 218 COATING 219 COATING OPERATION 220 COATING UNIT 221 COMMERCIAL EXTERIOR AERODYNAMIC STRUCTURE PRIMER 222 COMMERCIAL INTERIOR ADHESIVE 348.1 223 COMPATIBLE SUBSTRATE PRIMER 224 CONFINED SPACE 225 CORROSION PREVENTION SYSTEM 226 CRITICAL USE AND LINE SEALER MASKANT 227 CRYOGENIC FLEXIBLE PRIMER 228 CRYOPROTECTIVE COATING 229 CYANOACRYLATE ADHESIVE 230 ELECTRIC OR RADIATION-EFFECT COATING 231 ELECTROSTATIC DISCHARGE AND ELECTROMAGNETIC INTERFERENCE (EMI) COATING 232 ELEVATED TEMPERATURE SKYDROL RESISTANT COMMERCIAL PRIMER 233 EMISSION CONTROL SYSTEM ( ECS ) 234 EPOXY POLYAMIDE TOPCOAT 235 FIRE-RESISTANT (INTERIOR) COATING 236 FLEXIBLE PRIMER 237 FLIGHT TEST COATING 238 FLUSH CLEANING 239 FUEL TANK ADHESIVE 240 FUEL TANK COATING 241 GENERAL AVIATION 242 GENERAL AVIATION REWORK FACILITY 243 GRAMS PER LITER VOC 244 HAND-WIPE CLEANING OPERATION 245 HIGH TEMPERATURE COATING 246 HIGH VOLUME LOW PRESSURE (HVLP) SPRAY EQUIPMENT 247 INSULATION COVERING 248 INTERMEDIATE RELEASE COATING 249 LACQUER 250 LEAK 251 LIMITED ACCESS SPACE 252 METALIZED EPOXY COATING 253 MOLD RELEASE 348.2 254 NON-PRECURSOR ORGANIC COMPOUNDS 255 NONSTRUCTURAL ADHESIVE 256 OPERATING PARAMETER VALUE 257 OPTICAL ANTI-REFLECTION COATING 258 PART MARKING COATING 259 PRETREATMENT COATING 260 PRIMER 261 RADOME 262 RAIN EROSION-RESISTANT COATING 263 RESEARCH AND DEVELOPMENT 264 RESIN SURFACE SEALER 265 ROCKET MOTOR BONDING ADHESIVE 266 ROCKET MOTOR NOZZLE COATING 267 RUBBER-BASED ADHESIVE 268 SCALE INHIBITOR 269 SCREEN PRINT INK 270 SEAL COAT MASKANT 271 SEALANT 272 SELF-PRIMING TOPCOAT 273 SEMIAQUEOUS CLEANING SOLVENT 274 SILICONE INSULATION MATERIAL 275 SOLID FILM LUBRICANT 276 SOLIDS 277 SPACE VEHICLE 278 SPECIALIZED FUNCTION COATING 279 SPECIALTY COATING 280 SPRAY GUN 281 STRUCTURAL AUTOCLAVABLE ADHESIVE 282 STRUCTURAL NONAUTOCLAVABLE ADHESIVE 283 SURFACE PREPARATION 284 TEMPORARY PROTECTIVE COATING 285 THERMAL CONTROL COATING 286 TOPCOAT 348.3 287 TOUCH-UP AND/OR REPAIR OPERATIONS 288 VOC COMPOSITE PARTIAL VAPOR PRESSURE 289 VOLATILE ORGANIC COMPOUND (VOC) 290 WATERBORNE (WATER-REDUCIBLE) COATING 291 WET FASTENER INSTALLATION COATING 292 WING COATING SECTION 300 - STANDARDS 301 LIMITATIONS - VOC EMISSIONS 302 EMISSION CONTROL SYSTEM 303 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT 304 APPLICATION EQUIPMENT 305 SOLVENT CLEANING 306 SPRAY GUN CLEANING 307 VOC CONTAINMENT AND DISPOSAL 308 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION 348.4 Adopted 04/07/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 348 AEROSPACE MANUFACTURING AND REWORK OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds (VOCs) from the manufacture and rework of aerospace vehicles and their components. 102 APPLICABILITY: This rule applies to the manufacture or rework of commercial, civil, or military aerospace vehicles. This rule does not apply to research and development, quality control, laboratory testing, electronic parts and assemblies (except for cleaning and coating of completed assemblies) and to rework operations performed on antique aerospace vehicles or components or space vehicles. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 ABLATIVE COATING - A coating that chars when exposed to open flame or extreme temperatures, as would occur during the failure of an engine casing or during aerodynamic heating. The ablative char surface serves as an insulative barrier, protecting adjacent components from the heat or open flame. 202 ADHESION PROMOTER - A very thin coating applied to a substrate to promote wetting and form a chemical bond with the subsequently applied material. 203 ADHESIVE BONDING PRIMER - A primer applied in a thin film to aerospace components for the purpose of corrosion inhibition and increased adhesive bond strength by attachment. There are two categories of adhesive bonding primers, primers with a design cure at 250°F or below and primers with a design cure above 250°F. 204 AEROSOL COATING - A hand-held, pressurized, nonrefillable container that expels an adhesive or a coating in a finely divided spray when a valve on the container is depressed. 205 AEROSPACE VEHICLE OR COMPONENT - Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft, including but not limited to airplanes, helicopters, missiles, rockets, and space vehicles. 348.5 206 AIRCRAFT FLUID SYSTEMS - Those systems that handle hydraulic fluids, fuel, cooling fluids, or oils. 207 AIRCRAFT TRANSPARENCY – The aircraft windshield, canopy, passenger windows, lenses and other components which are constructed of transparent materials. 208 ANTICHAFE COATING - A coating applied to areas of moving aerospace components that may rub during normal operations or installation. 209 ANTIQUE AEROSPACE VEHICLE OR COMPONENT - An antique aircraft, as defined by 14 CFR Part 45, or components thereof. An antique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed. 210 AQUEOUS CLEANING SOLVENT - A solvent in which water is at least 80 percent of the solvent as applied. 211 BONDING MASKANT - A temporary coating used to protect selected areas of aerospace parts from strong acid or alkaline solutions during processing for bonding. 212 CHEMICAL AGENT-RESISTANT COATING (CARC) - An exterior topcoat designed to withstand exposure to chemical warfare agents or the decontaminates used in these agents. 213 CHEMICAL MILLING MASKANT - A coating that is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or II etchant. This does not include bonding maskants, line sealers, and critical use and seal coat maskants. Additionally, maskants that must be used on an individual part or subassembly with a combination of Type I or II etchants and any of the above types of maskants (e.g., bonding, line sealers, and critical use and seal coat) are not included. Maskants that are defined as specialty coatings are not included under this definition. 214 CLEANING OPERATION - Any operation that removes dirt or impurities from aerospace vehicles, components, or coating equipment. This may include spray gun, hand-wipe, and flush cleaning operations. 215 CLEANING SOLVENT - A liquid material used for hand-wipe, spray gun, or flush cleaning. This definition excludes solutions that contain VOCs at a concentration less than 0.1% for carcinogenic VOCs or 1.0% for noncarcinogenic VOCs, as determined from manufacturers’ representations. 216 CLEAR COATING - A transparent coating usually applied over a colored opaque coating, metallic substrate, or placard to give improved gloss and protection to the color coat. In some cases, a clearcoat refers to any transparent coating without regard to substrate. 348.6 217 CLOSED-CYCLE DEPAINTING SYSTEM - A dust free, automated process that removes permanent coating in small sections at a time, and maintains a continuous vacuum around the area(s) being depainted to capture emissions. 218 COATING - A material that is applied to the surface of an aerospace vehicle or component to form a decorative or functional solid film, or the solid film itself. 219 COATING OPERATION – Using a spray booth, tank, or other enclosure or any area, such as a hangar, for applying a single type of coating (e.g., primer); using the same spray booth for applying another type of coating (e.g., topcoat) constitutes a separate coating operation for which compliance determinations are performed separately. 220 COATING UNIT - A series of one or more coating applicators and any associated drying area and/or oven wherein a coating is applied, dried, and/or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary to have an oven or flashoff area to be included in this definition. 221 COMMERCIAL EXTERIOR AERODYNAMIC STRUCTURE PRIMER - A primer used on aerodynamic components and structures that protrude from the fuselage, such as wings and attached components, control surfaces, horizontal stabilizers, vertical fins, wing-to-body fairings, antennae, and landing gear and doors, for the purpose of extended corrosion protection and enhanced adhesion. 222 COMMERCIAL INTERIOR ADHESIVE - Materials used in the bonding of passenger cabin interior components. These components must meet the FAA fireworthiness requirements. 223 COMPATIBLE SUBSTRATE PRIMER - Either compatible Epoxy Primer or Adhesive Primer. Compatible Epoxy Primer is primer that is compatible with the filled elastomeric coating and is epoxy based. The compatible substrate primer is an epoxy-polyamide primer used to promote adhesion of elastomeric coatings such as impact-resistant coatings. Adhesive Primer is a coating that (1) inhibits corrosion and serves as a primer applied to bare metal surfaces or prior to adhesive application, or (2) is applied to surfaces that can be expected to contain fuel. Fuel tank coatings are excluded from this category. 224 CONFINED SPACE - A space that (1) is large enough and so configured that an employee can bodily enter and perform assigned work; (2) is limited or restricted for entry or exit (for example, fuel tanks, fuel vessels, and other spaces that have limited entry); and (3) is not suitable for continuous employee occupancy. 225 CORROSION PREVENTION SYSTEM - A coating system that provides corrosion protection by displacing water and penetrating mating surfaces, forming a protective barrier between the metal surface and moisture. Coatings containing oils or waxes are excluded from this category. 348.7 226 CRITICAL USE AND LINE SEALER MASKANT - A temporary coating, not covered under other maskant categories, used to protect selected areas of aerospace parts from strong acid or alkaline solutions such as those used in anodizing, plating, chemical milling and processing of magnesium, titanium, or high strength steel, high precision aluminum chemical milling of deep cuts, and aluminum chemical milling of complex shapes. Materials used for repairs or to bridge gaps left by scribing operations (i.e., line sealer) are also included in this category. 227 CRYOGENIC FLEXIBLE PRIMER - A primer designed to provide corrosion resistance, flexibility, and adhesion of subsequent coating systems when exposed to loads up to and surpassing the yield point of the substrate at cryogenic temperatures (-275°F and below). 228 CRYOPROTECTIVE COATING - A coating that insulates cryogenic or subcooled surfaces to limit propellant boil-off, maintain structural integrity of metallic structures during ascent or re-entry, and prevent ice formation. 229 CYANOACRYLATE ADHESIVE - A fast-setting, single component adhesive that cures at room temperature. Also known as "super glue." 230 ELECTRIC OR RADIATION-EFFECT COATING - A coating or coating system engineered to interact, through absorption or reflection, with specific regions of the electromagnetic energy spectrum, such as the ultraviolet, visible, infrared, or microwave regions. Uses include, but are not limited to, lightning strike protection, electromagnetic pulse (EMP) protection, and radar avoidance. Coatings that have been designated "classified" by the Department of Defense are exempt. 231 ELECTROSTATIC DISCHARGE AND ELECTROMAGNETIC INTERFERENCE (EMI) COATING - A coating applied to space vehicles, missiles, aircraft radomes, and helicopter blades to disperse static energy or reduce electromagnetic interference. 232 ELEVATED TEMPERATURE SKYDROL RESISTANT COMMERCIAL PRIMER A primer applied primarily to commercial aircraft (or commercial aircraft adapted for military use) that must withstand immersion in phosphate-ester (PE) hydraulic fluid (Skydrol 500b or equivalent) at the elevated temperature of 150°F for 1,000 hours. 233 EMISSION CONTROL SYSTEM ( ECS ) - A system, approved in writing by the Control Officer, designed and operated in accordance with good engineering practice to reduce emissions of volatile organic compounds. Such system consists of an emissions collection subsystem and an emissions processing subsystem. 234 EPOXY POLYAMIDE TOPCOAT - A coating used where harder films are required or in some areas where engraving is accomplished in camouflage colors. 235 FIRE-RESISTANT (INTERIOR) COATING - A coating applied to the interior cabin of an airplane that prevents the interior cabin from being easily ignited and from burning with extreme rapidity. 348.8 236 FLEXIBLE PRIMER - A primer that meets flexibility requirements such as those needed for adhesive bond primed fastener heads or on surfaces expected to contain fuel. 237 FLIGHT TEST COATING - A coating applied to aircraft other than missiles or single-use aircraft prior to flight testing to protect the aircraft from corrosion and to provide required marking during flight test evaluation. 238 FLUSH CLEANING – Removal of contaminants such as dirt, grease, oil, and coatings from an aerospace vehicle or component or coating equipment by passing solvent over, into, or through the item being cleaned. The solvent simply may be poured into the item being cleaned and then drained or assisted by air or hydraulic pressure or by pumping. Hand-wipe cleaning operations where wiping, scrubbing, mopping or other hand action are used are not included. 239 FUEL TANK ADHESIVE - An adhesive used to bond components exposed to fuel and must be compatible with fuel tank coatings. 240 FUEL TANK COATING - A coating applied to fuel tank components for the purpose of corrosion and/or bacterial growth inhibition and to assure sealant adhesion in extreme environmental conditions. 241 GENERAL AVIATION (GA) - The segment of civil aviation that encompasses all facets of aviation except air carriers, commuters and military. General aviation includes charter and corporate-executive transportation, instruction, rental, aerial application, aerial observation, business, pleasure and other special uses. 242 GENERAL AVIATION REWORK FACILITY - Any aerospace facility with the majority of its revenues resulting from the reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components. 243 GRAMS PER LITER VOC - A weight of VOC per combined volume of VOC and coating solids, less water and exempt compounds, and can be calculated by the following equation: grams per liter = Ws − Ww − Wes Vs − Vw − Ves Ws = weight of volatile organic compounds in grams Ww = weight of water in grams Wes = weight of exempt compounds in grams Vs = volume of material in liters 348.9 Vw = volume of water in liters Ves = volume of exempt compounds in liters 244 HAND-WIPE CLEANING OPERATION - Removing contaminants such as dirt, grease, oil, and coatings from an aerospace vehicle or component by physically rubbing it with a material such as a rag, paper, or cotton swab that has been moistened with a cleaning solvent. This definition excludes the use of rags or other material used only to dry excess solvent from a part or product after removal from a vat or any other solvent bath. 245 HIGH TEMPERATURE COATING - A coating designed to withstand temperatures of more than 350°F. 246 HIGH VOLUME LOW PRESSURE (HVLP) SPRAY EQUIPMENT - Spray equipment that is used to apply coating by a spray gun that operates at 10.0 psig of atomizing air pressure or less at the air cap. 247 INSULATION COVERING - Material that is applied to foam insulation to protect the insulation from mechanical or environmental damage. 248 INTERMEDIATE RELEASE COATING - A thin coating applied beneath topcoats to assist in removing the topcoat in depainting operations and generally to allow the use of less hazardous depainting methods. 249 LACQUER - A clear or pigmented coating formulated with a nitrocellulose or synthetic resin to dry by evaporation without a chemical reaction. Lacquers are resoluble in their original solvent. 250 LEAK - A liquid that is allowed to seep or drip or to otherwise enter or escape in either of the following ways: a. Three or more drops, including misting and clouding; or b. A puddle greater than one square inch. 251 LIMITED ACCESS SPACE - Internal surfaces or passages of an aerospace vehicle or component that cannot be reached without the aid of an airbrush or a spray gun extension for the application of coatings. 252 METALIZED EPOXY COATING - A coating that contains relatively large quantities of metallic pigmentation for appearance and/or added protection. 253 MOLD RELEASE - A coating applied to a mold surface to prevent the molded piece from sticking to the mold as it is removed. 254 NON-PRECURSOR ORGANIC COMPOUNDS - Any of the organic compounds which have been designated by the EPA as having negligible photochemical 348.10 reactivity. EPA designates such compounds as “exempt”. compounds is found in Rule 100. A listing of these 255 NONSTRUCTURAL ADHESIVE - An adhesive that bonds nonload bearing aerospace components in noncritical applications and is not covered in any other specialty adhesive categories. 256 OPERATING PARAMETER VALUE - A minimum or maximum value established for a control equipment or process parameter that, if achieved by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with an applicable emission limitation. 257 OPTICAL ANTI-REFLECTION COATING - A coating with a low reflectance in the infrared and visible wavelength ranges that is used for antireflection on or near optical and laser hardware. 258 PART MARKING COATING – Coatings or inks used to make identifying markings on materials, components, and/or assemblies. These markings may be either permanent or temporary. 259 PRETREATMENT COATING - An organic coating that contains at least 0.5 percent acids by weight and is applied directly to metal surfaces to provide surface etching, corrosion resistance, adhesion, and ease of stripping. 260 PRIMER – The first layer and any subsequent layers of identically formulated coating applied to the surface of an aerospace vehicle or component. Primers are typically used for corrosion prevention, protection from the environment, functional fluid resistance, and adhesion of subsequent coatings. Primers that are defined as specialty coatings are not included under this definition. 261 RADOME – The nonmetallic protective housing for electromagnetic transmitters and receivers (e.g., radar, electronic countermeasures, etc.). 262 RAIN EROSION-RESISTANT COATING - A coating or coating system used to protect the leading edges of parts such as flaps, stabilizers, radomes, engine inlet nacelles, etc. against erosion caused by rain impact during flight. 263 RESEARCH AND DEVELOPMENT - An operation whose primary purpose is for research and development of new processes and products and that is conducted under the close supervision of technically trained personnel and is not involved in the manufacture of final or intermediate products for commercial purposes, except in a de minimis manner. 264 RESIN SURFACE SEALER - A coating designed or intended to seal the pores of high porosity cast surfaces of aerospace components composed of magnesium, aluminum or their alloys to prevent corrosion. 265 ROCKET MOTOR BONDING ADHESIVE - An adhesive used in rocket motor bonding applications. 348.11 266 ROCKET MOTOR NOZZLE COATING - A catalyzed epoxy coating system used in elevated temperature applications on rocket motor nozzles. 267 RUBBER-BASED ADHESIVE - A quick setting contact cement that provides a strong, yet flexible bond between two mating surfaces that may be of dissimilar materials. 268 SCALE INHIBITOR - A coating that is applied to the surface of a part prior to thermal processing to inhibit the formation of scale. 269 SCREEN PRINT INK - Inks used in screen printing processes during fabrication of decorative laminates and decals. 270 SEAL COAT MASKANT - An overcoat applied over a maskant to improve abrasion and chemical resistance during production operations. 271 SEALANT - A material used to prevent the intrusion of water, fuel, air, or other liquids or solids from certain areas of aerospace vehicles or components. There are two categories of sealants: extrudable/rollable/brushable sealants and sprayable sealants. 272 SELF-PRIMING TOPCOAT - A topcoat that is applied directly to an uncoated aerospace vehicle or component for purposes of corrosion prevention, environmental protection, and functional fluid resistance. More than one layer of identical coating formulation may be applied to the vehicle or component. The coating is not subsequently topcoated with any other product formulation. 273 SEMIAQUEOUS CLEANING SOLVENT - A solvent wherein at least 60% of the solvent solution as applied must be water. 274 SILICONE INSULATION MATERIAL - An insulating material applied to exterior metal surfaces for protection from high temperatures caused by atmospheric friction or engine exhaust. These materials differ from ablative coatings in that they are not "sacrificial." 275 SOLID FILM LUBRICANT - A very thin coating consisting of a binder system containing as its chief pigment material one or more of the following: molybdenum, graphite, polytetrafluoroethylene (PTFE), or other solids that act as a dry lubricant between faying surfaces. 276 SOLIDS – The nonvolatile portion of the coating that after drying makes up the dry film. 277 SPACE VEHICLE - A man-made device, either manned or unmanned, designed for operation beyond earth's atmosphere. This definition includes integral equipment such as models, mock-ups, prototypes, molds, jigs, tooling, hardware jackets, and test coupons. Also included is auxiliary equipment associated with 348.12 test, transport, and storage that through contamination can compromise the space vehicle performance. 278 SPECIALIZED FUNCTION COATING - A coating that fulfills extremely specific engineering requirements that are limited in application and are characterized by low volume usage. This category excludes coatings covered in other Specialty Coating categories. 279 SPECIALTY COATING - A coating that, even though it meets the definition of a primer, topcoat, or self-priming topcoat, has additional performance criteria beyond those of primers, topcoats, and self-priming topcoats for specific applications. These performance criteria may include, but are not limited to, temperature or fire resistance, substrate compatibility, antireflection, temporary protection or marking, sealing, adhesively joining substrates, or enhanced corrosion protection. 280 SPRAY GUN - A device that atomizes a coating or other material and projects the particulates or other material onto a substrate. 281 STRUCTURAL AUTOCLAVABLE ADHESIVE - An adhesive used to bond load carrying aerospace components that is cured by heat and pressure in an autoclave. 282 STRUCTURAL NONAUTOCLAVABLE ADHESIVE - An adhesive cured under ambient conditions that is used to bond load carrying aerospace components or other critical functions, such as nonstructural bonding in the proximity of engines. 283 SURFACE PREPARATION – The removal of contaminants from the surface of an aerospace vehicle or component or the activation or reactivation of the surface in preparation for the application of a coating. 284 TEMPORARY PROTECTIVE COATING - A coating applied to provide scratch or corrosion protection during manufacturing, storage, or transportation. Two types include peelable protective coatings and alkaline removable coatings. These materials are not intended to protect against strong acid or alkaline solutions. Coatings that provide this type of protection from chemical processing are not included in this category. 285 THERMAL CONTROL COATING - A coating formulated with specific thermal conductive or radiative properties to permit temperature control of the substrate. 286 TOPCOAT - A coating that is applied over a primer on an aerospace vehicle or component for appearance, identification, camouflage, or protection. Topcoats that are defined as specialty coatings are not included under this definition. 287 TOUCH-UP AND/OR REPAIR OPERATIONS - That portion of the coating operation that is the incidental application of coating used to cover minor imperfections in the coating finish or to achieve complete coverage. This definition includes out-of-sequence or out-of-cycle coating. 348.13 288 VOC COMPOSITE PARTIAL VAPOR PRESSURE - The sum of the partial pressures of the compounds defined as VOC's and is determined by the following calculation: n Wi × VPi MW i =1 i PPs = n W Ww We + +∑ i MWw MWe i =1 MWi ∑ Wi = Weight of the "i"th VOC compound, grams. Ww = Weight of water, grams. We = Weight of non-HAP, non-VOC compound, grams. MWi = Molecular weight of the "i"th VOC compound, g/g-mole. MWw = Molecular weight of water, g/g-mole. MWe = Molecular weight of exempt compound, g/g-mole. PPc = VOC composite partial pressure at 20°C, mm Hg. VPi = Vapor pressure of the "i"th VOC compound at 20°, mm Hg. 289 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound which participates in atmospheric photochemical reactions, except non-precursor organic compounds. 290 WATERBORNE (WATER-REDUCIBLE) COATING - A coating which contains more than 5 percent water by weight as applied in its volatile fraction. 291 WET FASTENER INSTALLATION COATING - A primer or sealant applied by dipping, brushing, or daubing to fasteners that are installed before the coating is cured. 292 WING COATING - A corrosion-resistant topcoat that is resilient enough to withstand the flexing of the wings. SECTION 300 - STANDARDS 301 LIMITATIONS - VOC EMISSIONS: No person shall apply any surface coating including any VOC-containing materials added to the original coating supplied by the manufacturer, which contain VOC in excess of the limits in Tables 1a and 1b, unless the emissions are controlled in accordance with the provisions of Section 302 of this rule. Table 1a 348.14 PRIMER or TOPCOAT TYPE All Primers (except Specialty or General Aviation Rework Facility Primers) All Topcoats (except Specialty or General Aviation Rework Facility Topcoats) General Aviation Rework Facility Primers General Aviation Rework Facility Topcoats Table 1b Type of Specialty Coating Ablative Coating Adhesion Promoter Adhesive Bonding Primers: Cured at 250°F or below Adhesive Bonding Primers: Cured above 250°F Adhesives: Commercial Interior Adhesives: Cyanoacrylate Adhesives: Fuel Tank Adhesives: Nonstructural Adhesives: Rocket Motor Bonding Adhesives: Rubber-based Adhesives: Structural Autoclavable Adhesives: Structural Nonautoclavable Antichafe Coating Bearing Coating Compounds Caulking and Smoothing Compounds Chemical Agent-Resistant Coating Clear Coating Commercial Exterior Aerodynamic Structure Primer Compatible Substrate Primer Corrosion Prevention Compound Cryogenic Flexible Primer Type of Specialty Coating Cryoprotective Coating Coatings Related To Electromagnetism And/Or Other Radiation Electric Or Radiation-Effect Coating Electrostatic Discharge and Electromagnetic Interference (EMI) Coating Elevated Temperature Skydrol Resistant Commercial Primer Epoxy Polyamide Topcoat Fire-Resistant (Interior) Coating Flexible Primer Flight-Test Coatings: Missile or Single Use Aircraft Flight-Test Coatings: All Other Fuel-Tank Coating High-Temperature Coating Insulation Covering Intermediate Release Coating Lacquer 348.15 VOC LIMITS (g/L) 350 g/l 420 g/l 540 g/l 540 g/l VOC Limits (g/L) 600 890 850 1030 760 1,020 620 360 890 850 60 850 660 620 850 550 720 350 350 710 350 VOC Limits (g/L) 600 600 800 350 420 800 350 420 840 720 850 740 750 830 Maskant: Bonding Maskant Maskant: Critical Use and Line Sealer Maskant Maskant: Seal Coat Maskant Metallized Epoxy Coating Mold Release Optical Anti-Reflective Coating Part Marking Coating Pretreatment Coating Rain Erosion-Resistant Coating Resin Surface Sealer Rocket Motor Nozzle Coating Scale Inhibitor Screen Print Ink Sealants: Extrudable/Rollable/Brushable Sealant Sealants: Sprayable Sealant Self-priming Topcoat Silicone Insulation Material Solid Film Lubricant Specialized Function Coating Temporary Protective Coating Thermal Control Coating Wet Fastener Installation Coating Wing Coating 420 420 420 740 780 750 850 780 420 695 660 880 840 240 600 420 850 880 890 250 800 675 420 302 EMISSION CONTROL SYSTEM: As an alternative to meeting the applicable coating VOC limits set forth in Section 301, an operator can comply with this rule by operating an Emission Control System (ECS) approved by the Control Officer, provided that the control system has a combined VOC emissions capture and control equipment efficiency of at least 81 percent by weight. 303 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT: 303.1 Operation And Maintenance (O&M) Plan Required For ECS : a. An owner or operator shall provide and maintain (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this rule or to an air pollution control permit. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. c. An owner or operator of a facility that is required to have an O&M Plan pursuant to this subsection must fully comply with all O&M Plans that the owner or operator has submitted for approval, but which have not 348.16 yet been approved, unless notified otherwise by the Control Officer in writing. 304 APPLICATION EQUIPMENT: A person shall use one or more of the following application techniques in applying any primer or topcoat to aerospace vehicles or components: flow/curtain coat; dip coat; roll coating; brush coating; cotton-tipped swab application; electrodeposition (DIP) coating; high volume low pressure (HVLP) spraying; electrostatic spray; or other coating application methods that can demonstrate and be approved by the Control Officer as having at least a 65% transfer efficiency, which is equivalent to the transfer efficiency of HVLP or electrostatic spray application methods. 305 SOLVENT CLEANING: operations: 306 The following requirements apply to solvent cleaning 305.1 Hand-Wipe Cleaning. Cleaning solvents used in hand-wipe cleaning operations shall utilize an aqueous cleaning solvent, or have a VOC composite vapor pressure less than or equal to 45 millimeters of mercury (mm Hg) at 20°C. 305.2 Flush Cleaning. For cleaning solvents used in the flush cleaning of parts, assemblies, and coating unit components, the used cleaning solvent (except for semiaqueous cleaning solvents) must be emptied into an enclosed container or collection system that is kept closed when not in use or captured with wipers, provided they comply with the VOC handling requirements of Section 307 of this rule. 305.3 Dip Cleaning. Dip cleaning using solvents is subject to the requirements of Rule 331. SPRAY GUN CLEANING: All spray guns must be cleaned by one or more of the following methods: 306.1 Enclosed spray gun cleaning system, provided that it is kept closed when not in use and leaks are repaired within 14 days from when the leak is first discovered. If the leak is not repaired by the 15th day after detection, the solvent shall be removed and the enclosed cleaner shall be shut down until the leak is repaired or its use is permanently discontinued; 306.2 Unatomized discharge of solvent into a waste container that is kept closed when not in use; 306.3 Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use; or 306.4 Atomized spray into a waste container that is fitted with a device designed to capture atomized solvent emissions. 348.17 307 VOC CONTAINMENT AND DISPOSAL: All fresh and used VOC containing material, including but not limited to cleaning solvents, coatings, thinners, rags, and their residues, shall be stored in closed, leak free, legibly labeled containers when not in use. In addition, the owner or operator must implement handling and transfer procedures to minimize spills during filling and transferring the cleaning solvent to or from enclosed systems, vats, waste containers, and other cleaning operation equipment that hold or store fresh or used cleaning solvents. 308 EXEMPTIONS: 308.1 308.2 Coatings: The following coatings types are exempted from the VOC limits set forth in Tables 1a and 1b in Section 301 of this rule: a. Touchup coatings; b. Hand-held aerosol can operations; c. DOD "classified" coatings; d. Coating of space vehicles; and e. Low usage coatings used in separate formulations in volumes of less than 50 gallons per year with a maximum exemption of 200 gallons total for such formulations applied annually. Application Equipment: The following operations are exempt from the requirements of Section 304 of this rule: a. Any situation that normally requires the use of an airbrush or an extension on the spray gun to properly reach limited access spaces; b. The application of specialty coatings; c. The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns and that the permitting agency has determined cannot be applied by any of the application methods; d. The application of coatings that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 in.) and that the permitting agency has determined cannot be applied by any of the application methods; e. The use of airbrush application methods for stenciling, lettering, and other identification markings; and f. Touch-up and repair operations. 348.18 308.3 Solvent Cleaning Operations: The following are exempt from the requirements of Section 305 of this rule: a. Cleaning during the manufacture, assembly, installation, maintenance, or testing of components of breathing oxygen systems that are exposed to the breathing oxygen; b. Cleaning during the manufacture, assembly, installation, maintenance, or testing of parts, subassemblies, or assemblies that are exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen, hydrazine); c. Cleaning and surface activation prior to adhesive bonding; d. Cleaning of electronics parts and assemblies containing electronics parts; e. Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid, including air-to-air heat exchangers and hydraulic fluid systems; f. Cleaning of fuel cells, fuel tanks, and confined spaces; g. Surface cleaning of solar cells, coated optics, and thermal control surfaces; h. Cleaning during fabrication, assembly, installation, and maintenance of upholstery, curtains, carpet, and other textile materials used on the interior of the aircraft; i. Cleaning of metallic and nonmetallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture of aerospace vehicles or components; j. Cleaning of substrates; k. Cleaning and solvent usage associated with development, quality control, or laboratory testing; l. Cleaning operations using nonflammable liquids conducted within 5 feet of energized electrical systems. Energized electrical systems means any AC or DC electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells and tail sections; and aircraft transparencies, polycarbonate, or research glass and m. Cleaning operations identified in an Essential Use Waiver which has been reviewed and approved by the U.S. EPA and the voting parties 348.19 of the International Montreal Protocol Committee [sections 604(d)(1) and (g)(2) of the Act]. 308.4 General Exemptions: Cotton-tipped swabs used for very small cleaning operations and aqueous cleaning solvents are exempt from the requirements of Section 307 of this rule. 308.5 Small Sources: Sections 301 and 302 of this rule shall not apply to any one facility from which the total VOC emissions from all operations subject to this rule emit less than 15 pounds (6.8 kg) per day and less than two tons (1814 kg) per year of VOCs prior to any controls. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: All facilities subject to this rule shall meet all applicable provisions of this rule by October 4, 1999. The intention to use an ECS in accordance with Section 302 of this rule shall be announced to the Control Officer in writing by July 6, 1999 and be in use by April 7, 2000. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Any person subject to this rule shall comply with the following requirements. Records shall be retained for five years and shall be made available to the Control Officer upon request. 501.1 Coatings: Each owner or operator using coatings listed in Section 301 of this rule shall maintain a current list of coatings in use, VOC content as applied and records of the monthly usage of such materials in pounds per gallon or grams per liter. 501.2 Cleaning Solvents: Each owner or operator shall: 501.3 a. Maintain a current list of all aqueous and semiaqueous hand-wipe cleaning solvents used with corresponding water contents. b. Maintain a current list of all vapor pressure compliant hand-wipe cleaning solvents in use with their respective vapor pressures or, for blended solvents, VOC composite vapor pressures and records of the monthly usage of such cleaning solvents. c. Maintain a current list of all hand-wipe cleaning processes using cleaning solvents with a vapor pressure greater than 45 mm Hg and records of the monthly usage of such cleaning solvents. Enclosed Spray Gun Cleaners: Any person using an enclosed spray gun cleaner shall visually inspect the seals and all other potential sources of leaks at least once per month while the spray gun cleaner is in 348.20 operation. Records of these inspections shall be kept and made available upon request by the Control Officer. 502 COMPLIANCE DETERMINATION: The test methods for those subparts of 40 CFR Part 60, Appendix A adopted as of July 1, 1998, as listed below, are adopted by reference as indicated. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in subsection 502.1 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. When more than one test method is permitted for a determination, an exceedance of the limits established in the rule determined by any of the applicable test methods constitutes a violation of this rule. 502.1 Test Methods: a. Coatings: The VOC content of coatings (less water and less nonprecursor organic compounds) as applied shall be determined by manufacturer's supplied data or Method 24 of 40 CFR part 60, Appendix A. If there is a discrepancy between the manufacturer's formulation data and the results of the Method 24 analysis, compliance shall be based on the results from the Method 24 analysis. For waterborne (water-reducible) coatings, only manufacturer's supplied data can be used to determine the VOC content of each formulation. b. Control Equipment: Measurements of VOC emissions from control equipment shall be conducted in accordance with EPA Methods 18, 25, and/or 25A, 40 CFR 60, Appendix A. c. Cleaning Solvents: 1. For aqueous and semiaqueous cleaning solvents, manufacturers' supplied data shall be used to determine the water content. 2. For hand-wipe cleaning solvents, manufacturers' supplied data or standard engineering reference texts or other equivalent methods shall be used to determine the vapor pressure or VOC composite vapor pressure for blended cleaning solvents. 348.21 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 349 PHARMACEUTICAL, COSMETIC AND VITAMIN MANUFACTURING OPERATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 COATING 202 CONDENSER 203 COSMETIC PRODUCTS 204 COSMETICS MANUFACTURING FACILITY 205 EMISSION CONTROL SYSTEM (ECS) 206 EXEMPT COMPOUNDS 207 IN-PROCESS TANK 208 NON-PRECURSOR ORGANIC COMPOUNDS 209 PHARMACEUTICAL MANUFACTURING FACILITY 210 PHARMACEUTICAL PRODUCTS 211 REACTOR 212 TOTAL VOC-VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) 213 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 REACTORS, DISTILLATION COLUMNS, CRYSTALLIZERS & CENTRIFUGES 302 IN-PROCESS TANKS 303 SEPARATION OPERATIONS 304 STERILIZERS 305 AIR DRYERS 306 TABLET COATING 307 BULK LOADING 308 STORAGE TANKS 309 OPERATING REQUIREMENTS 310 SURFACE PREPARATION AND CLEANUP SOLVENT 349.1 311 STORAGE AND DISPOSAL OF VOC 312 REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT 313 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING 502 COMPLIANCE DETERMINATION - TEST METHODS 503 CONDENSER TEMPERATURE 504 FORMULA FOR VOC VAPOR PRESSURE 349.2 Adopted 12/16/98 Revised 04/07/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 349 PHARMACEUTICAL, COSMETIC AND VITAMIN MANUFACTURING OPERATIONS SECTION 100 - GENERAL 101 PURPOSE: To limit the emission of volatile organic compounds from pharmaceutical, cosmetic and vitamin manufacturing operations. 102 APPLICABILITY: The provisions of this rule shall apply to the manufacture and/or blending of materials to make pharmaceutical, or cosmetic products or vitamins, including any process that is incidental to such operations, such as tablet coating and finishing. SECTION 200 - DEFINITIONS: For the purpose of this rule the following definitions shall apply: 201 COATING - A film or thin layer applied to a base material called a substrate. 202 CONDENSER - A device that cools a gas stream to a temperature which removes specific organic compounds by condensation. 203 COSMETIC PRODUCTS - Any material described by the Standard Industrial Classification (SIC) Code 284, as incorporated by reference in subsection 502.1 of this rule. 204 COSMETICS MANUFACTURING FACILITY - Any plant producing or blending chemicals for use in cosmetic products and/or manufacturing cosmetic products. 205 EMISSION CONTROL SYSTEM (ECS) - A system for reducing emissions of organic compounds, consisting of both emissions collection and processing devices which are approved in writing by the Control Officer and are designed and operated in accordance with good engineering practice. 206 EXEMPT COMPOUNDS - For the purpose of this rule, the non-VOC, non-aqueous evaporating portion of a formulation; this necessarily includes all non-precursor organic compounds in addition to inorganic liquids and gases. 207 IN-PROCESS TANK - Containers used for mixing, blending, heating, reacting, holding, crystallizing, evaporating, or cleaning operations in the manufacture of pharmaceuticals, cosmetics or vitamins. 208 NON-PRECURSOR ORGANIC COMPOUNDS - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt.” A listing of the compounds is found in Rule 100 of these Air Pollution Control Rules and Regulations. 349.3 209 PHARMACEUTICAL MANUFACTURING FACILITY - Any plant producing or blending chemicals for use in pharmaceutical products and/or employing chemical processes in the manufacture of pharmaceutical products. This definition includes any and all associated storage tanks, wastewater management units, or components such as pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems that are used in the manufacturing of a pharmaceutical product. 210 PHARMACEUTICAL PRODUCTS - Any material described by the Standard Industrial Classification (SIC) Code 283, as incorporated by reference in subsection 502.1 of this rule, or any other fermentation, biological or natural extraction, or chemical synthesis product regulated by the Food and Drug Administration, including components (excluding excipients) of pharmaceutical formulations, or intermediates used in the production of a pharmaceutical product. 211 REACTOR - A device or vessel in which one or more chemicals or reactants, other than air, are combined or decomposed in such a way that their molecular structures are altered and one or more new organic compounds are formed. 212 TOTAL VOC-VAPOR PRESSURE (VOC COMPOSITE PARTIAL PRESSURE) - The sum of the partial pressures of the compounds defined as VOCs calculated according to the formula in Section 504 of this rule. 213 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound that participates in photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 301 REACTORS, DISTILLATION COLUMNS, CRYSTALLIZERS & CENTRIFUGES: No person shall emit more than 6.8 kg (15 lbs) of VOC compounds per day from any reactor, distillation column, crystallizer or centrifuge unless such emissions are reduced by one of the following: 301.1 Surface Condensers designed to reduce VOC emissions and having the outlet gas temperature limited as follows: TABLE 1 Vapor Pressure of VOC Compounds at 20° C (68° F) 301.2 Maximum Condenser Outlet Gas Temp. ° C (°F) 26-52 mmHg (0.5 psi to 1.0 psi) 25 (77) 52-78 mmHg (1.0 psi to 1.5 psi) 10 (50) 78-150 mmHg (1.5 psi to 2.9 psi) 0 (32) 150-300 mmHg ( 2.9 psi to 5.8 psi) -15 (5) over 300 mmHg (over 5.8 psi) -25 (-13) Any other emission control system which is approved in writing by the control officer as having a control efficiency greater than or equal to surface condenser efficiency operated in accordance with subsection 301.1 of this rule. 349.4 302 IN-PROCESS TANKS: No person shall use any in-process tank(s) for material containing VOC unless it is fitted with a cover or other device provided for the tank which prevents VOC evaporation. The cover or device shall be closed or in place on the tank at all times except during loading or unloading of the tank. 303 SEPARATION OPERATIONS: No person shall emit more than 15 kg (33 lbs) or more of VOC compounds per day from any rotary vacuum filter or any other filter or separation device having an exposed liquid surface where the liquid contains organic compounds with a “Total VOC-Vapor Pressure” of 26 mm Hg (0.5 psia) or more at 20°C (68° F) unless such emissions are reduced by 90 percent on a mass basis. 304 STERILIZERS: No person shall emit 15 kg (33 lbs) or more per day of VOCs from any chemical sterilizer unless such emissions are reduced by at least 75 percent on a mass basis. 305 AIR DRYERS: No person shall emit 15 kg (33 lbs) or more of VOCs per day from any air dryer unless such emissions are reduced by at least 90 percent by weight. 306 TABLET COATING 306.1 Limitation - VOC Emissions: No person shall apply any coating to a pharmaceutical tablet with a VOC content in excess of 3.5 pounds of VOC per gallon of coating applied (420 g/l), excluding water, unless the emissions are controlled in accordance with the provision of subsection 306.2. 306.2 Emission Control System: As an alternative to meeting the coating limit in subsection 306.1, an owner or operator may comply with this rule by operating an Emissions Control System (ECS) approved by the Control Officer. The ECS shall meet the specifications of either one of the following: a. The ECS shall have a combined VOC emissions capture and control equipment efficiency of at least 81% by weight, or b. The ECS shall consist of a surface condenser operated with the outlet gas temperature as specified in Table 1 of subsection 301.1 of this rule. 307 BULK LOADING: A person shall not transfer volatile organic liquids having vapor pressures greater than 212 mm Hg (4.1 psia) at 20°C (68° F) from any rail car or tank truck into any storage tank with a capacity greater than 7,500 liters (2,000 gal.) unless organic compound emissions during transfer are reduced by 90 percent by weight. 308 STORAGE TANKS: All storage tanks that store volatile organic liquids with a vapor pressure greater than 78 mm Hg (1.5 psia) at 20 °C (68° F) shall be equipped with pressure/vacuum vents set at a minimum + 2 mm Hg (+ 0.03 psia). 309 OPERATING REQUIREMENTS: An operator shall repair all leaks from which volatile organic liquids can be observed to be dripping or seeping. The repair shall be completed the first time the equipment is off-line for a period long enough to complete the repair. The nature of the repair should be recorded in the O&M Plan. 310 SURFACE PREPARATION AND CLEANUP SOLVENT: 349.5 311 312 310.1 A person shall use closed containers for the storage or disposal of cloth or paper used for solvent surface preparation and cleanup. 310.2 A person shall store fresh or spent solvent in closed containers. STORAGE AND DISPOSAL OF VOC: 311.1 All storage of VOC-containing materials subject to evaporation, including the storage of waste solvent and waste solvent residues, shall at all times be in closed containers except when contents are added or removed. 311.2 Containers shall be legibly labeled with their contents. REQUIREMENTS FOR AIR POLLUTION CONTROL EQUIPMENT: 312.1 313 Operation And Maintenance (O&M) Plan Required For ECS: a. An owner or operator shall provide and maintain (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any ECS monitoring devices that are used pursuant to this Rule 349 or to an air pollution control permit. b. The owner or operator shall submit to the Control Officer for approval the O&M Plans of each ECS and each ECS monitoring device that is used pursuant to this rule. 312.2 Providing And Maintaining ECS Monitoring Devices: Any person incinerating, adsorbing, or otherwise processing VOC emissions pursuant to this rule shall provide, properly install and maintain in calibration, in good working order and in operation, devices described in the facility’s O&M Plan that indicate temperatures, pressures, rates of flow, or other operating conditions necessary to determine if air pollution control equipment is functioning properly and is properly maintained. 312.3 O&M Plan Responsibility: An owner or operator of a facility that is required to have an O&M Plan pursuant to subsection 312.1 must fully comply with all O&M Plans that the owner or operator has submitted for approval, but which have not yet been approved, unless notified otherwise by the Control Officer in writing. EXEMPTIONS 313.1 Small Sources: Sections 301, 302 303, 304, 305 and 306 of this rule shall not apply to any one facility from which the total VOC emissions from all operations subject to this rule emits less than 15 pounds (6.8 kg) per day and less than two tons (1814 kg) per year of volatile organic compounds. 313.2 Condenser Temperature: If the operation of a condenser at the exit temperature specified in Table 1 of subsection 301.1 of this rule results in freezing and consequent plugging of the condenser, the allowable exit temperature may be raised to a maximum of 2°C above the freezing point of the volatile organic compound. 349.6 SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE 401.1 Effective Date: Except as provided in this section, the provisions of this Rule 349 become effective on July 1, 1999. The owner or operator shall notify the Control Officer in writing by March 16, 1999 if an ECS in accordance with subsection 306.2 will be used to comply with this rule. The ECS shall be in use by December 16, 1999. SECTION 500 - MONITORING AND RECORDS 501 RECORDKEEPING AND REPORTING: Records shall be retained for five years and shall be made available to the Control Officer upon request. Any person subject to this rule shall comply with the following requirements: 501.1 Current List a. Solvents: Maintain a current list of solvents; state the VOC content of each in pounds per gallons or grams per liter. The VOC content of solvents and any liquids used as cleaning or degreasing agents shall be stated with exempt compounds such as water and non-precursors included. b. Vapor Pressure: A facility subject to total VOC vapor-pressure limits shall have on site in one of the following forms the identified value of the total VOC vapor-pressure for each subject solvent being used: a manufacturer’s technical data sheet, a manufacturer’s safety data sheet (MSDS), or actual test results. c. Coatings: Maintain a current list of coatings in use and the amount of VOCs applied. 501.2 502 Usage Records: Maintain monthly records showing the type and amount of each VOC containing material used and coatings applied except for materials arriving on-site with less than 2% VOC by weight. COMPLIANCE DETERMINATION AND TEST METHODS: When more than one test method is permitted for determination, an exceedance of the limits by any of the applicable test methods constitutes a violation of this rule. 502.1 Compliance Determination: The following methods shall be used to determine compliance with this rule: a. Measurement of VOC emissions from a control device shall be conducted in accordance with USEPA Test Method 25 or 25A (40 CFR 60, Appendix A). USEPA Test Method 18 shall be used to determine emissions of exempt compounds if the Control Officer requires that such determinations need to be made. b. VOC content of materials having more than 10% solids by volume shall be determined using the applicable EPA Reference Method 24 or 24A (40 CFR 349.7 Part 60, Appendix A). The Control Officer may use manufacturers’ data sheets for routine and uncontested determination of VOC content. 502.2 c. The VOC content of solutions, dispersions, and emulsions that have no solids or less than 5% solids shall be determined by the April 15, 1992 amended Method 31 of California’s Bay Area Air Quality Management District, “Determination of Volatile Organic Compounds in Paint Strippers, Solvent Cleaners, and Low Solids Coatings.” d. Solid-free solutions, in which all organic content is non-exempt and will certainly evaporate under Method 24 oven conditions, may be tested using the adaptation of EPA Method 415.1 as proposed by Sorrell, et. al. of EPA’s Emission Measurement Center, Office of Air Quality Planning & Standards (OAQPS): “Total Organic Carbon for Offset Lithographic Solutions.” e. The VOC content of materials believed to have between 5 and 10% solids shall be determined by either EPA Method 24 or by Bay Area Method 31. f. Total absolute vapor-pressure of solvents containing VOC shall be determined in accordance with ASTM Test Method D 2879-83, "Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope," 1983 edition. g. Temperature measurements shall be done with an instrument having an accuracy and precision of no less than ± one (1) degree Celsius. h. The U.S. Government Printing Office “Standard Industrial Classification Manual, 1987” (and no future editions) is incorporated by reference and is on file at Maricopa County Environmental Services Department, 1001 N. Central Avenue, Suite 201, Phoenix, Arizona 85004-1942. Test Methods Adopted By Reference: The test methods for those subparts of 40 CFR Part 60, Appendix A, adopted as of July 1, 1998, as listed below, are adopted by reference. The other test methods listed in subsection 502.2 are referred to by their specific dates of adoption and are also adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this section are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Suite 201, Phoenix, Arizona 85004-1942. a. EPA Method 18 (“Measurement of Gaseous Organic Compound Emissions by Gas Chromatography”) and its submethods (40 CFR 60, Appendix A). b. EPA Test Method 24 (“Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings”) and its submethods (40 CFR 60, Appendix A). c. EPA Method 25 (“Determination of Total Gaseous Nonmethane Organic Emissions as Carbon”) and its submethods (40 CFR 60, Appendix A). d. California’s Bay Area Air Quality Management District (BAAQMD) Method 31 (April 15, 1992), “Determination of Volatile Organic Compounds in Paint Strippers, Solvent Cleaners, and Low Solids Coatings”. 349.8 e. EPA Method 415.1 as proposed by Sorrell, et. al. of EPA’s Emission Measurement Center, Office of Air Quality Planning & Standards (OAQPS): “Total Organic Carbon for Offset Lithographic Solutions,” 1992. f. ASTM Test Method D 2879-83, "Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope," 1983 edition. 503 CONDENSER TEMPERATURE: In cases where the condenser outlet gas temperature is not readily measurable due to negligible gas flow rate, the temperature of the condenser coolant may be used in lieu of condenser outlet gas temperature. In such cases, an exceedance of coolant temperature is an exceedance of the outlet gas temperature limits in Table 1, subsection 301.1 of this rule. 504 FORMULA FOR TOTAL VOC VAPOR PRESSURE: The sum of the partial pressures of the compounds defined as VOCs may be calculated by using the following formula: ( ) n W j (VP ) ∑ MWi = 1 i Ppc = Wej m n Wi Ww + ∑ + ∑ 18 j =1 MWej i =1 MWi Wi Ww = Weight of the “i”th VOC compound in grams = Weight of water in grams Wej = Weight of the “j”th non-precursor compound in grams MW j = Molecular weight of the “i”th VOC compound in grams per gram mole, = e.g., one gram-mole of isopropyl alcohol weighs 60 grams Molecular weight of the “j”th non-precursor compound, = e.g., 1 gram-mole of acetone weighs 58 grams VOC composite partial pressure at 20°C in mm mercury (Hg) = = Vapor pressure of the “i”th VOC compound at 20°C in mm Hg Weight of one gram-mole of water MWej Pp c VP 18 349.9 BLANK PAGE 349.10 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 350 STORAGE OF ORGANIC LIQUIDS AT BULK PLANTS AND TERMINALS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 BULK PLANT 202 BULK TERMINAL 203 DELIVERY VESSEL 204 GAS TIGHT 205 GASOLINE 206 LOADING FACILITY 207 ORGANIC LIQUID 208 STATIONARY STORAGE TANK 209 SUBMERGED FILL PIPE 210 TRUE VAPOR PRESSURE (TVP) 211 VAPOR LOSS CONTROL DEVICE 212 VAPOR TIGHT SECTION 300 - STANDARDS 301 ALL STORAGE TANKS GREATER THAN 250 GALLONS (946 L) 302 GASOLINE S TORAGE T ANKS B ETWEEN 2 50 AND GALLONS (946 - 151,400 L) 40,000 303 ORGANIC LIQUID STORAGE TANKS OF 20,000 THROUGH 39,999 GALLONS CAPACITY (75,700 - 151,396 L) 304 STORAGE TANKS OF 40,000 GALLONS (151,400 L) OR MORE 350.1 305 TANKS S TORING L IQUIDS HAVI NG VAP OR P RESSURES EXCEEDING 11 PSIA 306 EXTERNAL FLOATING ROOF STORAGE TANKS 307 INTERNAL FLOATING ROOF TANKS WITH FIXED COVERING 308 VAPOR COLLECTION/PROCESSING SYSTEM 309 ADDITIONAL REQUIREMENTS 310 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 ANNUAL INSPECTIONS OF EXTERNAL FLOATING ROOF TANKS 402 ANNUAL INSPECTIONS OF INTERNAL FLOATING ROOF TANKS 403 FIVE-YEAR, FULL CIRCUMFERENCE INSPECTIONS 404 SEMI-ANNUAL INSPECTIONS BY OWNER OR OPERATOR 405 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 VAPOR PRESSURE RECORDS 502 COMPLIANCE DETERMINATION - TEST METHODS 350.2 Revised 07/13/88 Revised 04/06/92 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 350 STORAGE OF ORGANIC LIQUIDS AT BULK PLANTS AND TERMINALS SECTION 100 - GENERAL 101 PURPOSE: To limit emissions of volatile organic compounds from organic liquids under actual storage conditions. 102 APPLICABILITY: This r ule i s ap plicable t o t he t ransfer an d s torage o f an y organic liquid in a bulk plant or bulk terminal stationary storage tank which is used primarily to fill delivery vessels. SECTION 200 - DEFINITIONS: F or the purpose of this rule, the following definitions shall apply: 201 BULK PLANT - Any loading facility at which gasoline and/or other organic liquids with a t rue va por pr essure of 1.5 ps ia ( 77.5 m m Hg) or greater under any actual storage conditions are received from delivery vessels for storage in on-site stationary tanks, and from which such liquids also are transferred to delivery vessels. 202 BULK TERMINAL - Any p rimary d istributing lo ading f acility w hich h as e ver received i n an y co nsecutive 3 0-day pe riod ove r 600,000 g allons ( 2,271,180 l ) of gasoline and/or other organic liquids with a true vapor pressure of 1.5 psia (77.5 mm Hg) or greater under actual storage conditions; or any loading facility where delivery of such liquids to the facility is primarily by pipeline. 203 DELIVERY VESSEL - Any v ehicular-mounted c ontainer s uch a s a r ailroad t ank car, tanker truck, tank trailer or any other mobile container used to transport organic liquids. 204 GAS TIGHT - Having no leak of gaseous organic compound(s) exceeding 10,000 ppm above background when measurements are made using EPA Method 21 with a methane calibration standard. 350.3 205 GASOLINE - Any p etroleum d istillate, p etroleum distillate/alcohol blend, petroleum distillate/organic c ompound bl end, or a lcohol ha ving a t rue va por pressure of 1.5 ps ia (77.5 mm Hg) or greater under any actual conditions of storage and handling, and which is used as a fuel for internal combustion engines. 206 LOADING FACILITY - Any operation or facility such as a gasoline storage tank farm, pipeline terminal, bulk plant, l oading doc k or c ombination t hereof, w here organic liquids are transferred or loaded into or out of de livery ve ssels f or f uture distrbution. Included a re a ll r elated pol lutant-emitting a ctivities w hich a re lo cated on one or m ore contiguous or adjacent properties, and are under the control of the same person or persons under common control. 207 ORGANIC LIQUID - Any organic compound which exists as a l iquid under any actual conditions of use, transport or storage. 208 STATIONARY STORAGE TANK - Any tank, reservoir or other container used to store, but not transport, organic liquids. 209 SUBMERGED FILL PIPE - Any di scharge pi pe or noz zle w hich m eets t he applicable specification as follows: 209.1 Top-Filled Or Bottom-Filled Tanks: T he e nd of t he di scharge pi pe or nozzle is totally submerged when the liquid level is six inches (15 cm) from the bottom of the tank. 209.2 Side-Filled: T he end of the discharge pipe or nozzle is totally submerged when the liquid level is 18 inches (46 cm) from the bottom of the tank. 210 TRUE VAPOR PRESSURE (TVP) - Absolute va por pr essure of a l iquid a t i ts existing temperature of storage and handling. 211 VAPOR LOSS CONTROL DEVICE - Any piping, hoses, equipment, and devices which a re us ed t o c ollect, s tore a nd/or pr ocess organic va pors a t a bul k t erminal, bulk plant, service station or other operation handling gasoline and/or other organic liquids. 212 VAPOR TIGHT - A condition where no organic vapor leak reaches or exceeds 100 percent of the lower explosive limit at a distance of one inch (2.5 cm) from a leak when measured with a combustible gas detector or an organic vapor analyzer, both calibrated with propane. SECTION 300 - STANDARDS 350.4 301 Note 1 ALL STORAGE TANKS GREATER THAN 250 GALLONS (946 L): No person shall install or use a s tationary storage tank with a cap acity greater than 250 gallons (946 l) for storing organic liquids with a true vapor pressure of 1.5 psia (77.5 mm Hg) or more unless such a tank meets the following requirements: 301.1 The tank has a submerged fill pipe; and 301.2 The tank has a pressure/vacuum valve which is set within ten percent of the tank's maximum, safe working-pressure. 302 GASOLINE STORAGE TANKS BETWEEN 250 AND 40,000 GALLONS (946 -151,400 L): N o pe rson s hall s tore gasoline in a s tationary s torage ta nk w ith a capacity l ess t han 40,000 g allons ( 151,400 l ) but g reater t han 250 g allons ( 946 l) unless the tank is equipped with a vapor recovery system which collects and returns displaced vapors t o t he delivery vessel us ing vapor-tight fittings and lines; or such tank uses at least one of the vapor loss control methods in Sections 306, 307, or 308 of this rule. 303 ORGANIC LIQUID STORAGE TANKS OF 20,000 THROUGH 39,999 GALLONS CAPACITY (75,700 - 151,396 L): No pe rson s hall s tore o rganic liquids with a true vapor pressure (TVP) of 1.5 t hrough 11.0 ps ia (77.5 - 569 m m Hg) in a stationary tank with a capacity from 20,000 through 39,999 gallons (75,700 - 151,396 l) unless the tank is equipped with a vapor recovery system which collects and r eturns di splaced va pors t o t he delivery vessel using vapor-tight f ittings a nd lines; or s uch t ank us es at l east one of t he vapor l oss control methods specified in Sections 306, 307, or 308 of this rule. 304 STORAGE TANKS OF 40,000 GALLONS (151,400 L) OR MORE: No person shall place, store or hold in any stationary storage tank having a capacity of 40,000 gallons (151,400 L ) or m ore, a ny g asoline or or ganic l iquid ha ving a t rue va por pressure of 1.5 psia (77.5 mm Hg) or greater under actual storage conditions, unless such s torage t ank i s e quipped w ith a t l east one of t he va por l oss c ontrol de vices specified in Sections 306, 307, or 308 of this rule. 305 TANKS STORING LIQUIDS HAVING VAPOR PRESSURES EXCEEDING 11 PSIA: No person shall place, store, or hold in a stationary tank having a capacity over 250 gallons (946 l) organic liquid(s) with a true vapor pressure above 11.0 psia (569 mm Hg) unless such a t ank i s e ither a pr essure t ank m aintaining w orking pressure sufficient at all times to prevent organic vapor/gas loss to the atmosphere or is equipped with a va por c ollection/processing s ystem s pecified i n S ection 308 of this rule. This note is not part of Rule 350, but is provided for the reader’s convenience. The requirement of subsection 301.2 for a pressure/vacuum valve is not applicable to floating roof tanks. 1 350.5 306 307 EXTERNAL FLOATING ROOF STORAGE TANKS: This vapor loss control device is an uncovered floating roof consisting of either a pontoon type or a doubledeck type roof. It must r est on a nd be s upported by t he s urface of t he l iquid contents, be equipped with a continuous primary seal to close the space between the roof e ave a nd t ank w all, e xcept a s pr ovided in subsection 309.1 and have a continuous secondary seal which is of a design that is in accordance with accepted standards of t he pe troleum i ndustry. T he s econdary s eal s hall m eet t he following requirements: 306.1 The s econdary s eal i s t o b e i nstalled ab ove t he p rimary s eal s o th at it completely covers the space between the roof edge or primary seal and the tank wall, except as pr ovided i n s ubsection 306.2 of t his r ule. S torage tanks constructed after July 13, 1988, shall ha ve a s econdary s eal t hat i s rim-mounted. Except for t anks ha ving m etallic s hoe pr imary s eals ont o which secondary seals were installed prior to July 13, 1988, by October 6, 1993 no pe rson s hall ope rate a n e xternal f loating r oof t ank subject to the provisions of this rule unless a secondary seal extends from the roof to the tank shell (a rim-mounted seal) and is not attached to the primary seal. 306.2 The accumulated area of gaps between the tank wall and the secondary seal shall not e xceed 1.0 s quare i nch pe r foot (21.2 cm2 per m eter) o f t ank diameter. D eterminations o f g ap ar ea s hall o nly b e made at the point(s) where the gaps exceed 1/8 inch (3 mm). T he width of any portion of any gap shall not exceed 1/2 inch (1.27 cm). 306.3 The ow ner or ope rator i s e xempted f rom t he requirements for secondary seals an d t he s econdary s eal g ap criteria when performing gap measurements or inspections of the primary seal. INTERNAL FLOATING ROOF TANKS WITH FIXED COVERING: This vapor loss control device is a covered tank with an internal floating roof resting on the contained l iquid. T his t ank a nd i ts a ppurtenances s hall m eet t he a pplicable requirements as follows: 307.1 Bulk terminal tanks for which construction, reconstruction or modification commenced after July 23, 1984, m ust c omply w ith a ll applicable requirements of t he E PA N ew S ource P erformance S tandard ( NSPS), 40 CFR Part 60, Subpart Kb. 307.2 All tanks not s ubject t o s ubsection 307.1 m ust c omply w ith one of t he following: 350.6 a. Comply with 40 CFR Part 60, Subpart Kb, notwithstanding the type of facility and the date of t ank c onstruction, r econstruction or modification; or b. Have at least one continuous seal w hich co mpletely co vers t he s pace between the roof edge and tank wall, except as provided in subsection 309.1, and meet at least one of the following requirements: 308 309 (1) Have a co ntact-type r oof r esting c ompletely on t he l iquid surface. (2) Have a liquid mounted seal. (3) Have two seals, a primary and a secondary. VAPOR COLLECTION/PROCESSING SYSTEM: This vapor l oss c ontrol device consists of a va por g athering s ubsystem cap able o f co llecting t he o rganic vapors and organic gases plus a second subsystem capable of processing such vapors and g ases, pr eventing a t l east 95 pe rcent by w eight of t he vol atile organic compounds entering it from escaping to the atmosphere. 308.1 The vapor processing subsystem shall be gas-tight except for the designated exhaust. 308.2 Any t ank g auging or s ampling de vice on a t ank, vented to such a vapor collection/processing s ystem, s hall be e quipped w ith a g as-tight c over which shall be closed at a ll time s e xcept d uring g auging o r s ampling procedures. 308.3 All p ressure-vacuum va lves s hall be c onstructed a nd m aintained in a gas tight condition e xcept w hen t he ope rating pr essure ex ceeds t he v alve release setting. ADDITIONAL REQUIREMENTS: 309.1 Prohibition - Floating Roof Openings: Floating roof tanks subject to the provisions of S ection 306 or 307 of t his r ule s hall have no visible holes, tears or other openings in the seal or in any seal fabric. The accumulated area of gaps between a t ank's w all an d p rimary s eal s hall n ot ex ceed 1 0 square inches per foot of tank diameter (212 cm2 per meter) and the width of any portion of any g ap s hall not e xceed 1½ i nches ( 3.8 c m). Where applicable, all openings except drains shall be equipped with a cover seal or lid. T he cover seal or lid shall be in a closed position at all times, except when the device is in actual use. Automatic bleeder vents shall be closed at all t imes, e xcept w hen t he r oof i s f loated of f or landed on the roof leg 350.7 supports. Rim vents, if provided, shall be set to open only when the roof is being f loated of f t he r oof l eg s upports or a t t he m anufacturer's recommended setting. 309.2 310 Tanks a nd a ll r equired emission control equipment s hall be pr operly installed, properly maintained and be properly operating. EXEMPTIONS: 310.1 A pressure tank maintaining working pressure s ufficient a t a ll time s to prevent or ganic va por or g as l oss t o t he a tmosphere i s exempt from Sections 301, 302, 303, and 304 of this rule. 310.2 During the following pe riods a f loating r oof i s e xempt f rom t he requirement that its r oof be f loating: w hen t he t ank i s be ing dr ained completely a nd w hen i t i s be ing f illed, a s long as both p rocesses ar e accomplished continuously and as rapidly as practicable. 310.3 A h orizontal f illing n ozzle a t its h ighest p oint w ithin a f loating r oof tank exceeding 2,000,000 gallons (7,580,000 l) capacity m ay be up t o 39.4 inches (1 meter) above the tank bottom if: except when the tank is emptied completely, t he noz zle i s ke pt c ompletely submerged, including when the roof rests on its legs. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 ANNUAL INSPECTIONS OF EXTERNAL FLOATING ROOF TANKS: The owner or operator of any tank which uses an external floating roof to meet the vapor loss control requirements of this rule shall make the primary seal envelope and the secondary seal available f or unobs tructed i nspection by t he C ontrol O fficer on a n annual basis. T he primary seal envelope shall be made available for inspection at a minimum of f our l ocations s elected a long i ts c ircumference a t r andom by t he Control O fficer. I f t he C ontrol O fficer de tects a vi olation a s a result of any such inspection, the Control Officer may require such further unobstructed inspection of the s eals as m ay b e n ecessary t o d etermine t he s eal co ndition f or i ts en tire circumference. 402 ANNUAL INSPECTIONS OF INTERNAL FLOATING ROOF TANKS: The owner or operator of any tank which uses an internal floating roof to meet the vapor loss control requirements of this r ule s hall m ake t he e ntire t ank i ncluding t he internal floating roof available for inspection p rior to f illing. I t s hall b e ma de available f or vi sual i nspection t hrough t he m anholes or r oof ha tches on t he fixed 350.8 covering on a n a nnual ba sis. R oofs w hich practicably can be walked on shall annually be made available for hands-on inspection. 403 FIVE-YEAR, FULL CIRCUMFERENCE INSPECTIONS: As of July 13, 1988, the owner or operator of a floating roof t ank of 20,000 g allons (75,700 l ) or m ore storing an organic liquid with a TVP of 1.5 psia (77.5 mm Hg) or greater shall make the primary seal envelope available for inspection by the Control Officer for its full length every five years. However, if prior thereto the secondary seal is removed or if the tank is drained and cleaned by the owner or operator for any reason, it shall be made available for such inspection at that time. The owner or operator shall provide notification to the Control Officer no less than seven working days prior to removal of the secondary seal. The owner or operator shall perform a complete inspection of the primary seal and floating roof, including measurement of gap area and maximum gap, whenever the tank is emptied for non-operational reasons or at least every five years, whichever is more frequent. 404 SEMI-ANNUAL INSPECTIONS BY OWNER OR OPERATOR: The owner or operator of any floating roof tank subject to this rule shall inspect the tank and seals at least once every six months t o de termine ong oing c ompliance w ith bot h t he applicable standards of this rule and any pe rmit c onditions pe rtaining t o t he t ank. Determinations of secondary seal gap area on external floating roofs need be made only onc e pe r year. R ecords of t hese i nspections s hall be m aintained and s hall be made available to the Control Officer upon request. 405 COMPLIANCE SCHEDULE: By October 6, 1992, a ny person subject to Section 300 who does not comply with all its provisions shall submit to the Control Officer for approval an emission control plan describing the method(s) to be used to achieve full compliance by October 6, 1993. T his pl an s hall s pecify da tes f or c ompleting increments o f p rogress, s uch as t he co ntractual ar rival d ate of ne w c ontrol equipment. T he Control Officer may require a person submitting such an emission control plan to submit subsequent reports on progress in achieving compliance. SECTION 500 - MONITORING AND RECORDS 501 VAPOR PRESSURE RECORDS: A person whose tanks a re s ubject t o t he provisions of this rule s hall ke ep a ccurate r ecords of l iquids s tored i n s uch t anks including either the true or the Reid vapor pressure ranges of each such liquid. The temperature of the contents of each affected tank located at bulk terminals shall be recorded at least weekly and the true vapor pressure of each shall be recorded at least once each month. These records shall be kept a minimum of three years. 502 COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 350.9 502.1 Determination Of Vapor-Tight Condition: Applicable pr ocedures o f Rule 351, Section 501. 502.2 Emission Rates And Control Device Efficiency: Methods 2A, 2B, 18 and 25A. 502.3 Gaseous Leak Detection And Determination Of Gas-Tight Condition: EPA Method 21. 502.4 Reid Vapor Pressure: Reid vapor pressure shall be determined by ASTM Method D323-82 or by ASTM Method D-5191. 502.5 True Vapor Pressure: True vapor pressure shall be determined by ASTM Method 2879-83 and by temperature measurement under actual conditions using an i nstrument accu rate to w ithin ± 1 de gree F ahrenheit or ± 0.5 degree Celsius. For purposes of r ecording a nd r eporting, t he R eid va por pressure and the f oregoing t emperature de termination m ay be us ed i n conjunction w ith th e me thod o f A merican Petroleum Institute Bulletin 2517, February, 1980, t o determine true vapor pressure, unless the Control Officer specifies ASTM Method 2879-83. Last Formatted - Fall 1997 350.10 EPA R eference Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 351 LOADING OF ORGANIC LIQUIDS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 BULK PLANT 202 BULK TANK 203 BULK TERMINAL 204 DELIVERY VESSEL 205 DISPENSING TANK 206 EXCESS ORGANIC LIQUID DRAINAGE 207 FUGITIVE LIQUID LEAK 208 GAS TIGHT 209 GASOLINE 210 GASOLINE DISPENSING OPERATION 211 LOADING FACILITY 212 OFFSET FILL LINE 213 ORGANIC LIQUID 214 STATIONARY STORAGE TANK 215 SUBMERGED FILL PIPE 216 SWITCH LOADING 217 TRUE VAPOR PRESSURE (TVP) 218 VAPOR COLLECTION/PROCESSING SYSTEM 219 VAPOR LOSS CONTROL DEVICE 220 VAPOR TIGHT 351.1 SECTION 300 - STANDARDS 301 GENERAL REQUIREMENTS FOR LOADING FACILITIES 302 OPERATING REQUIREMENTS FOR VAPOR LOSS CONTROL DEVICES 303 REPAIR AND RETESTING REQUIREMENT 304 EQUIPMENT MAINTENANCE AND OPERATING PRACTICES 305 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 EQUIPMENT LEAKS 402 COMPLIANCE SCHEDULE SECTION 500 - MONITORING AND RECORDS 501 LEAK DETECTION - TEST PROCEDURE 502 COMPLIANCE INSPECTIONS 503 RECORDS RETENTION 504 COMPLIANCE DETERMINATION - TEST METHODS 351.2 Revised 07/13/88 Revised 04/06/92 Revised 02/15/95 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 351 LOADING OF ORGANIC LIQUIDS SECTION 100 - GENERAL 101 PURPOSE: To l imit e missions of vol atile or ganic c ompounds from the loading of organic liquids. 102 APPLICABILITY: This rule is applicable to the transfer of organic liquids having a true va por pr essure of 1.5 ps ia ( 77.5 m m H g) or greater under actual loading conditions. It regulates transfers at bulk t erminals a nd bul k pl ants f rom s tationary storage tanks to delivery vessels and from delivery vessels to stationary storage tanks. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 BULK PLANT - Any loading facility at which gasoline and/or other organic liquids with a true vapor pressure of 1.5 psia (77.5 mm Hg) or greater under any actual storage conditions a re r eceived f rom de livery ve ssels f or s torage i n on-site s tationary ta nks, and from which such liquids also are transferred to delivery vessels. 202 BULK TANK - Any s tationary s torage t ank s erving a loading r ack w hich l oads delivery vessels with organic liquids. 203 BULK TERMINAL - Any p rimary d istributing lo ading f acility w hich h as e ver received in an y co nsecutive 3 0-day pe riod ove r 600,000 g allons ( 2,271,180 l ) of gasoline and/or other organic liquids with a true vapor pressure of 1.5 ps ia (77.5 mm Hg) or greater under actual storage conditions; or any loading facility where delivery of such liquids to the facility is primarily by pipeline. 204 DELIVERY VESSEL - Any vehicular-mounted container such as a railroad tank car, tanker t ruck, t ank t railer or a ny ot her m obile c ontainer us ed to transport organic liquids. 351.3 205 DISPENSING TANK - Any s tationary t ank w hich di spenses or ganic l iquid f uel directly into the fuel tanks of motor vehicles including aircraft. 206 EXCESS ORGANIC LIQUID DRAINAGE - More t han 10 m illiliters ( 0.34 f luid ounces) per disconnect. 207 FUGITIVE LIQUID LEAK - An organic l iquid l eak of m ore t han t hree drops per minute from any s ingle l eak s ource ot her t han t he di sconnect operation of l iquid fill line and vapor line. 208 GAS TIGHT - Having no l eak of g aseous or ganic c ompound(s) e xceeding 10,000 ppm above background when measurements are made using EPA Method 21 w ith a methane calibration standard. 209 GASOLINE - Any petroleum distillate, petroleum distillate/alcohol blend, petroleum distillate/organic compound blend, or alcohol having a true vapor pressure of 1.5 psia (77.5 m m H g) or g reater unde r a ny a ctual c onditions of s torage a nd ha ndling, and which is used as a fuel for internal combustion engines. 210 GASOLINE DISPENSING OPERATION - All g asoline di spensing t anks a nd associated equipment located on one or more contiguous or adjacent properties under the control of the same person or persons under common control. 211 LOADING FACILITY - Any ope ration or f acility s uch a s a gasoline storage tank farm, pi peline t erminal, bul k pl ant, or l oading doc k or c ombination t hereof, w here organic l iquids a re t ransferred or l oaded i nto or out of de livery ve ssels f or future distribution. Included are all related pollutant-emitting activities which are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control. 212 OFFSET FILL LINE - Any or ganic-liquid f ill line ( piping a nd f ittings) w hich contains one or more bends. 213 ORGANIC LIQUID - Any or ganic c ompound w hich e xists a s a l iquid unde r a ny actual conditions of use, transport or storage. 214 STATIONARY STORAGE TANK - Any tank, reservoir or other container used to store, but not transport, organic liquids. 215 SUBMERGED FILL PIPE - Any di scharge pi pe or noz zle w hich m eets t he applicable specification as follows: 215.1 Top-Filled Or Bottom-Filled Tanks: The e nd of t he di scharge pi pe or 351.4 nozzle is totally submerged when the liquid level is six inches (15 cm) from the bottom of the tank. 215.2 Side-Filled: The e nd of t he di scharge pi pe or noz zle i s t otally s ubmerged when the liquid level is 18 inches (46 cm) from the bottom of the tank. 216 SWITCH LOADING - Loading di esel f uel i nto a de livery ve ssel w hose pr evious load was gasoline; or loading any organic liquid not subject to this rule into a delivery vessel whose previous load was an organic liquid subject to this rule. 217 TRUE VAPOR PRESSURE (TVP) - Absolute va por pr essure of a l iquid a t i ts existing temperature of storage and/or handling. 218 VAPOR COLLECTION/PROCESSING SYSTEM - A va por l oss c ontrol de vice consisting of a vapor gathering subsystem capable of collecting the organic vapors and organic gases plus a second subsystem capable of processing such vapors and gases, preventing a t l east 95 pe rcent of t he vol atile or ganic c ompounds e ntering i t from entering the atmosphere. 219 VAPOR LOSS CONTROL DEVICE - Any piping, hoses, equipment, and devices which are used to collect, store and/or process organic vapors at a bulk terminal, bulk plant, service station or other operation handling gasoline and/or other organic liquids. 220 VAPOR TIGHT - A condition where no or ganic vapor leak reaches or exceeds 100 percent of t he l ower e xplosive l imit a t a di stance of one i nch ( 2.5 c m) from a leak when measured with a combustible gas detector or a n or ganic va por a nalyzer, bot h calibrated with propane. SECTION 300 - STANDARDS 301 GENERAL REQUIREMENTS FOR LOADING FACILITIES: All bul k terminals and plants must have submerged fill pipes in all tanks over 250 gallons (946 l) storing or ganic l iquids, obs erve de signated pr ocedures a nd be e quipped w ith applicable equipment as follows: 301.1 Bulk Terminals: No person shall load organic liquids having a TVP of 1.5 psia ( 77.5 m m H g) or g reater i nto a ny de livery ve ssel f rom a s tationary storage tank at a b ulk terminal unless the vessel bears a cu rrent pressure-test decal issued by the Control Officer and the terminal uses a vapor collection/processing s ystem w hich r educes t he e missions of volatile organic compounds to not m ore t han .08 pounds pe r 1000 g allons of s uch l iquids transferred (10 grams per 1000 liters). Switch loading shall be subject to this standard. The terminal owner or ope rator a nd t he ope rator of t he r eceiving vessel shall act to ensure that the vapor line is connected before such liquids 351.5 are transferred. 301.2 302 Bulk Plant Tanks Over 250 Gallons (>946 L): a. Transfer To Bulk Plant Tanks: No person shall transfer gasoline from a de livery ve ssel i nto a bul k pl ant t ank e xceeding 250 g allons ( 946 l) capacity u nless t he d elivery v essel b ears a cu rrent co unty pressure-test decal and uses a vapor balance system equipped with fittings which are vapor tight; or, alternatively, a vapor loss control system is used which emits to atmosphere less than 0.6 pound of volatile organic compounds per 1000 gallons transferred (72 grams per 1000 liters). b. Loading From Bulk Plant Tanks: No pe rson shall t ransfer g asoline from a bul k pl ant t ank e xceeding 250 g allons (946 l) into a delivery vessel unless both the loading r ack a nd de livery ve ssel us e a va por balance s ystem e quipped w ith f ittings w hich a re va por t ight; or , alternatively, a va por l oss control system is u sed w hich e mits to atmosphere less than 0.6 pounds of volatile organic compounds per 1000 gallons loaded (72 grams per 1000 liters). OPERATING REQUIREMENTS FOR VAPOR LOSS CONTROL DEVICES: The owner or operator of a vapor loss control device subject to this rule shall operate the device and organic liquid transfer equipment as follows: 302.1 Loading shall be accomplished in a manner that prevents gauge pressure from exceeding 18 inches of water (33.6 mm Hg) and vacuum from exceeding six inches of water (11.2 mm Hg) in the tank truck. Each owner or operator of a facility s hall act t o en sure t hat an y v apor r ecovery s ystem required by this Rule 351 i s c onnected be tween t he de livery ve ssel a nd t he s torage tank during all organic liquid transfers. 302.2 Loading shall be a ccomplished i n a m anner t hat pr events ove rfills, f ugitive liquid leaks or excess organic liquid drainage. O wners or operators of bulk plants or operators of delivery vessels s hall obs erve all parts of the transfer and shall discontinue transfer if any l eaks are obs erved. M easures s hall be taken t o prevent l iquid l eaks from t he l oading device when i t i s not in use, and to complete drainage before the loading device is disconnected. During loading or unloading operations, potential leak sources shall be vapor tight as demonstrated by the test procedure described in Section 501 of this rule. 302.3 Loading operations which use vapor collection/processing equipment shall be accomplished in such a m anner t hat t he di splaced va por a nd a ir w ill be vented onl y t o t he va por collection/processing s ystem, w hich s hall be operated gas-tight and in a manner such that the vapor processing capacity is 351.6 not exceeded. D iaphragms used in vapor storage tanks shall be maintained gas-tight. 302.4 303 Vapor transfer lines shall be equipped with fittings t hat are vapor t ight and that automatically and immediately close upon disconnection. Vapor balance systems shall be designed to prevent any vapors collected at one loading rack from passing to another loading rack. REPAIR AND RETESTING REQUIREMENT: Except as superseded by Division actions pur suant t o t he pr ocedures of R ule 100, Section 501 ("Malfunctions"), the owner/operator of a vapor l oss control device t hat exceeds t he s tandards of t his rule shall notify the Control Officer and observe t he f ollowing t ime s chedule i n e nding such exceedances: 303.1 Concentrations at or above the l ower e xplosive l imit m ust be br ought i nto compliance within 24 hours of detection. 303.2 Leak concentrations exceeding 10,000 ppm but l ess t han 50,000 ppm a s methane f or va por c ollection/processing equipment subject t o g as-tight standard shall be brought into compliance within 5 days of detection. 303.3 Except as the C ontrol O fficer o therwise s pecifies, a l eak s ource s ubject t o Sections 303.1 or 303.2 must be tested after presumed leak-correction within 15 minutes of recommencing use; if leak standards are exceeded in this test, the use of the faulty equipment shall be discontinued within 15 minutes until correction is verified by retesting. 304 EQUIPMENT MAINTENANCE AND OPERATING PRACTICES: All equipment associated with delivery and loading operations shall be maintained to be leak free, vapor tight and i n g ood w orking or der. G asoline s hall not be s pilled, discarded in sewers, stored in open containers, or ha ndled i n a ny ot her m anner t hat would result in evaporation to the atmosphere. Purging of gasoline vapors and of JP-4 (jet petrol) vapors is prohibited. 305 EXEMPTIONS: 305.1 Less Than 120,000 Gallons Per 30-Day Period: At bulk plants built before October 2, 1978, va por l oss c ontrol s pecified in Section 301.2b is not required at the outloading rack when all of the following are complied with: a. After A pril 6, 1992, t he bul k pl ant l oads l ess t han 120,000 g allons (454,800 l) of gasoline into delivery vessels in any consecutive 30-day period. A ny pl ant t hat be comes s ubject t o a ll of the provisions of Section 301.2b by exceeding this threshold will remain subject to these 351.7 provisions even if its output later falls below the threshold. 305.2 b. Keep c urrent r ecords of a mount of g asoline l oaded a nd keep them readily accessible to the Division upon request for at least three (3) years. c. Load outgoing gasoline using submerged fill only. d. The owners or operators of the bulk plant or the owners or operators of the d elivery v essel s hall o bserve al l p arts of the transfer and shall discontinue the transfer if any leaks are observed. Opening Hatches: When V OC va pors f rom or ganic liquids a re pr esent within a non-exempt delivery vessel, authorized government agents as well as owners/operators a nd t heir c ontractors m ay ope n va por c ontainment equipment while performing operations required by Division rules or by other statutory e ntities, but shall be r estricted a s f ollows unl ess a pproved i n advance by the Control Officer: a. Wait at least 3 minutes after onloading is complete or delivery vessel has stopped before opening hatch or other vapor seal. b. Reclose hatch or other sealing device within 3 minutes of opening. c. Limit windspeed at opened hatch or other opened sealing device to not more than 3 mph (1.34 m/sec). SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 EQUIPMENT LEAKS: 401.1 The owner or operator shall also perform monthly inspections, while vapor is being t ransferred, f or l iquid a nd va por l eaks a nd f or f aulty e quipment. In these m onthly i nspections de tection m ethods incorporating sight, sound, smell and/or touch may be used. 401.2 A log book s hall be used and shall be signed by the owner or operator at the completion of each monthly inspection for equipment leaks. A section of the log shall contain a list, s ummary de scription, or di agram(s) s howing t he location of all equipment in gasoline service at the facility. 401.3 Leak detection tests shall be conducted annually by the owner of each bulk loading facility or by a consultant, at the expense of the owner. Testing shall be done according to procedures in Section 501, except that EPA Method 21 shall be used to test for leaks from a vapor collection/ processing unit and its 351.8 associated piping outside the loading area. Equipment shall conform to the specifications of those test methods cited in Section 504.2. Prior to testing, the owner shall notify the Control Officer of the date, time and location of the testing. T he C ontrol O fficer o r h is r epresentatives s hall a t th eir discretion observe the tests. 402 COMPLIANCE SCHEDULE: By S eptember 30, 1995, t he ow ner or ope rator of any lo ading f acility w hich requires modification subject to a r equirement of S ection 300 of this rule shall submit to the Control Officer for approval an emission control plan and a schedule for achieving compliance with all requirements by April 30, 1996. The p lan s hall specify t he da te of c ompletion of e ach m ajor s tep l eading t o compliance. SECTION 500 - MONITORING AND RECORDS 501 LEAK DETECTION - TEST PROCEDURE: During loading into or unloading out of d elivery v essels, t he p eripheries o f al l p otential s ources o f l eakage at t he l oading facility are checked with a combustible gas detector or organic vapor analyzer (OVA) as follows: 501.1 Pressure: A pr essure t ap s hall be pl aced i n t he l oading f acility's vapor control system, as close as possible to the delivery vessel's tank. The pressure shall be r ecorded pe riodically dur ing t esting, a t l east onc e e very m inute. Instantaneous maximum pressure shall be recorded either automatically or by visual observation. A pressure measurement device capable of measuring 20 inches (50.8 cm) of water pressure with a precision of 0.1 ( 2.5 mm) inch of water shall be calibrated. T his d evice s hall f it t he t ap an d s hall ei ther b e permanently installed or shall be kept available at all times at the facility. 501.2 Calibration: Within 4 hours prior to m onitoring t he c ombustible g as detector or OVA shall be calibrated with 10,600 ppm propane by volume in air for a 50 percent lower explosive limit (LEL) response. 501.3 Probe Distance: The probe inlet shall be one inch (2.5 cm) or less from the potential leak source when searching for leaks. T he probe inlet shall be one inch (2.5 cm) from the leak source when the highest detector reading is being determined for a discovered leak. When the probe is obstructed from moving within one i nch (2.5 c m) of a n a ctual or pot ential l eak s ource, t he c losest practicable probe distance shall be used. 501.4 Probe Movement: The pr obe s hall be m oved s lowly, not f aster t han 1.6 inches per second (4 centimeters per second). If there is any meter deflection at a potential or actual leak source, the probe shall be positioned to locate the point of highest meter response. 351.9 501.5 Probe Position: The probe inlet shall be positioned in the path of the vapor flow f rom a l eak s uch t hat t he cen tral axis of the pr obe-tube in let s hall b e positioned coaxial with the path of the most concentrated vapors. 501.6 Wind: Wind shall be bl ocked a s m uch a s pos sible f rom t he s pace be ing monitored. The annual leak detection test required by Section 401 s hall be valid only when wind speed in the space being monitored is 5 mph or less. 501.7 Data Recording: The highest detector r eading a nd l ocation f or e ach incidence of leakage shall be recorded along with the date and time. 502 COMPLIANCE INSPECTIONS: The Control Officer, at any time, may monitor a delivery vessel vapor collection system, a loading rack's vapor loss control devices, a loading facility or a vapor collection/processing system for vapor leaks by the methods described i n S ection 501 of t his r ule or b y ap plicable E PA R eference Methods specified in Section 504. 503 RECORDS RETENTION: Records and information required by this rule shall be retained for at least three years. 504 COMPLIANCE DETERMINATION - TEST METHODS: When more than one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes a violation of this rule. 504.1 Vapor Collection/Processing System: Control e fficiency of a va por collection/processing s ystem s hall be de termined a ccording t o EPA Reference M ethod 25A or M ethod 25B s ubsequent t o the Control Officer's approval of t he t est pr otocol. L eak tests to verify a gas-tight s tate o f th e equipment associated with the vapor collection/processing device, including the piping outside of the loading area, shall be conducted according to EPA Reference Method 21. Gas volume flow rates shall be determined by Method 2B for a thermal oxidizer; otherwise, by Method 2A. 504.2 Vapor Balance And Loading Systems: Vapor t ightness s hall be determined using the method described in Section 501 of this rule. 504.3 True Vapor Pressure shall be determined by ASTM Method 2879-83 and by temperature m easurement unde r a ctual c onditions us ing a n instrument accurate to within ±1 degree Fahrenheit or ±0.5 degree Celsius. For purposes of recording and reporting, the Reid va por pr essure a nd t he f oregoing temperature de termination m ay be us ed i n c onjunction w ith the method of American P etroleum I nstitute B ulletin 2517, F ebruary, 1980, t o de termine 351.10 true vapor pressure, unless the C ontrol O fficer s pecifies A STM M ethod 2879-83. 504.4 Reid Vapor Pressure shall be determined by ASTM Method D 323-82 or by ASTM Method D 5191. 351.11 BLANK PAGE 351.12 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 352 GASOLINE DELIVERY VESSEL TESTING AND USE INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 2-POINT SYSTEM 202 EXCESS GASOLINE DRAINAGE 203 GASOLINE 204 GASOLINE DELIVERY VESSEL 205 GASOLINE VAPORS 206 LEAK FREE 207 MARICOPA COUNTY (MC) PRESSURE TEST 208 NON-PRECURSOR ORGANIC COMPOUND 209 PURGING 210 STAGE 1 VAPOR RECOVERY SYSTEM (VR SYSTEM) 211 SWITCH LOADING 212 VAPOR TIGHT 213 VOLATILE ORGANIC COMPOUND (VOC) SECTION 300 - STANDARDS 301 PREVENT LEAKS AND SPILLS 302 GASOLINE DELIVERY VESSEL LEAK TEST REQUIRED 303 DISPLAY A VALID DECAL 304 PURGING PROHIBITED 305 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 352.1 401 TESTING 402 TIME FRAME FOR INSTALLATION OF CONTROL DEVICE SECTION 500 - RECORDS AND MONITORING 501 RECORDKEEPING AND REPORTING REQUIREMENTS 502 MONITORING FOR LEAKS 503 COMPLIANCE DETERMINATION 504 TEST METHODS 352.2 Revised 07/13/88 Revised 11/16/92 Revised 05/05/99 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 352 GASOLINE DELIVERY VESSEL TESTING AND USE SECTION 100 - GENERAL 101 PURPOSE: To limit emissions of volatile organic compounds (VOC) from gasoline delivery vessels. 102 APPLICABILITY: This rule applies to any gasoline delivery vessel which is used to receive or deliver gasoline within Maricopa County, and to all persons who own, operate, maintain, repair, or test such a vessel. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 2-POINT SYSTEM - A fill pipe and a vapor-recovery pipe pair which are in close proximity to one another and are connected directly to and emerge directly above the tank they serve. 202 EXCESS GASOLINE DRAINAGE - More than 10 milliliters (2 teaspoonsful) of liquidgasoline lost in the process of connecting or disconnecting a gasoline delivery hose, or any quantity of gasoline lost during those processes that wets any area(s) on the ground having an aggregate area greater than 113 square inches, or the perimeter of which would encompass a circle of 12 inches (30.5 cm) diameter. 203 GASOLINE - Any petroleum distillate or blend of petroleum distillate with other combustible liquid(s), such as alcohol, that is used as a fuel for internal combustion engines and has a Reid vapor pressure between 4.0 and 14.7 psi (200 - 760 mm Hg.) For the purposes of this rule, liquefied petroleum gas (LPG) is excluded. 204 GASOLINE DELIVERY VESSEL - Any vehicular-mounted container such as a tanker truck, tank trailer, cargo tank or any other wheel-mounted container used to transport gasoline. This includes any hoses the vessel carries through which deliveries must be made. 205 GASOLINE VAPORS - Vapors, originating from liquid gasoline, that are usually found in mixture with air. Included are any droplets of liquid gasoline or of gasoline-vapor condensate that are entrained by the vapor. 206 LEAK FREE - Having no single gasoline leak of more than 3 drops per minute from a gasoline delivery vessel, including fill hose(s) and vapor hose(s), but not including the 352.3 disconnecting or connecting of either a gasoline hose from a gasoline fill line or a vapor hose from a vapor line. 207 MARICOPA COUNTY (MC) PRESSURE TEST - The complete pressure, vacuum, and vapor-valve testing of a gasoline delivery vessel that is performed according to Maricopa County specifications as described in subsection 302.2 of this rule. 208 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt”. A listing of the compounds is found in Rule 100 of these Air Pollution Control Rules and Regulations. 209 PURGING - Removing, cleaning, or scouring out gasoline vapors from all or a portion of a delivery vessel by active or passive means and emitting the vapors into the atmosphere. 210 STAGE 1 VAPOR RECOVERY SYSTEM (VR SYSTEM) - Any piping, hoses, equipment, and/or devices which are used to collect, store, or process gasoline vapors displaced by the delivery of gasoline and also by the onloading of gasoline into a vapor laden delivery vessel. 211 SWITCH LOADING - Loading diesel fuel into a delivery vessel whose previous load was gasoline; or loading any liquid not subject to this rule into a delivery vessel whose previous load was gasoline. 212 VAPOR TIGHT - A condition in which a suitable detector at the site of (potential) leakage of vapor shows less than 10,000 ppmv when calibrated with methane; or the detector shows less than 1/5 LEL (lower explosive limit) subsequent to calibration with a gas specified by the manufacturer and is used according to the manufacturer’s instructions. 213 VOLATILE ORGANIC COMPOUND (VOC) - Any organic compound that participates in photochemical reactions, except non-precursor organic compounds. SECTION 300 - STANDARDS 301 PREVENT LEAKS AND SPILLS: 301.1 Vessel Integrity: In Maricopa County, no person shall store or transport gasoline in or otherwise use or operate any gasoline delivery vessel unless such vessel is designed and maintained to be vapor tight and leak free. 352.4 301.2 Onloading Measures: a. At any bulk loading rack, connect a vapor return hose before connecting any loading hose. b. At a bulk plant, connect an additional vapor hose before connecting any additional loading hose, unless an assisted vapor return system is serving the vapor hose that is already connected. c. Use a bucket or other effective capture device to catch any liquid dripping during the connection or disconnection of both the loading hose from the truck and the vapor hose from the loading dock’s vapor receiving pipe. (1) Either dispose of the captured liquid in a tank designated for that purpose, or use a receptacle or a material designed to absorb the liquid. (2) Any gasoline that escapes or spills must be collected and contained. 301.3 Prevent Spills And Excess Drainage: delivery vessel shall: a. A driver/operator of a gasoline Thoroughly drain a fill hose and a vapor recovery hose into the dispensing tank before disconnecting it from the tank’s fittings. b. Connect and disconnect fill hoses and vapor recovery hoses in such a way as to prevent excess gasoline drainage (more than 2 teaspoonsful) from escaping from the hose in one connect/disconnect cycle. c. 301.4 Spills and any gasoline that is deposited in or on an area other than within the dispensing tank shall be collected and contained. This can include, but is not limited to, the correct use of buckets and/or absorbent material designed for the purpose, and the correct disposal of the collected gasoline. Vapor Hose Use Required At Retail Gas Stations: a. A driver/operator shall not deliver gasoline to a dispensing tank at a retail gas station unless a vapor hose is first connected from the vessel to a vapor return-line serving the tank. b. No delivery shall be made to a retail tank if: (1) it is not served by a vapor return, or (2) if it has a locked cap that cannot be removed, or (3) if broken fittings prevent correct connection of the vapor hose. 352.5 301.5 301.6 302 Prevent Vapor Escape During Deliveries: For gasoline dispensing tanks that are equipped with a Stage 1 vapor recovery system (VR System): a. During delivery, the vessel operator shall not remove the lid of a fill tube unless every other fill tube either has a lid fastened in place or a delivery hose connecting it to the delivery vessel. b. Connect a vapor recovery hose before connecting any gasoline delivery hose. c. Disconnect a delivery hose from a tank before disconnecting the vapor recovery hose. d. Restriction On Multiple Connection: A delivery vessel shall not simultaneously have more than one gasoline delivery hose connected, unless each delivery hose is connected to a dispensing tank’s 2-point system that already has a vapor hose connecting it to the vessel. Vapor Recovery Systems Having Remote Vapor Return Lines: If a delivery vessel’s vapor hose is connected to a vapor return line that is not part of a 2-point system, then there shall not be more than one gasoline delivery hose connected to the vessel, and no other hoses connected to a fill tube; viz., no more than one compartment of the delivery vessel shall be emptied at a time. GASOLINE DELIVERY VESSEL LEAK TEST REQUIRED: A gasoline delivery vessel shall first pass the MC Pressure Test before delivering or onloading gasoline within Maricopa County, and to continue, must pass the MC Pressure Test each year thereafter. This does not apply to loads that originate solely in another state, nor to loads originating in Maricopa County that are not delivered in Maricopa County. 302.1 Testing: The MC Pressure Test shall be performed according to subsection 302.2. a. Scheduling and notification of an initial test or annual retest shall be done in accordance with subsection 401.1 and subsection 401.3. b. A tester shall record the results of a Pressure Test according to the format in subsection 501.2. c. A valid MCESD decal shall be affixed to the vessel consequent to passing the MC Pressure Test before the vessel may deliver or onload gasoline. d. An owner or operator of a delivery vessel shall comply with subsection 401.2 registration requirements to obtain a valid MCESD decal after a successful MC Pressure Test. 352.6 302.2 302.3 MC Pressure Test: A vessel that is being MC Pressure Tested shall pass all 3 of the following pressure subtests, in the following order, and use the same vapor hose during the test as will be used for deliveries by that same unit: a. Positive Pressure Subtest: Lose no more than 1.0 inch (25.4 mm) of water column in 5.0 minutes, when pressurized to a gauge pressure of 18 inches (45.7 cm) of water in 2 consecutive runs according to procedures in subsections 5.1.1 through 5.2.7 of EPA Method 27, as incorporated by reference in Section 504 of this rule; and b. Vapor Valve Subtest: Lose no more than 5.0 inches (127 mm) of water column in 5.0 minutes, measured in the vapor system after the vesselcompartments are first collectively pressurized to a gauge pressure of 18 inches (45.7 cm) of water and then the vapor valves are closed, per subsection 503.2 of this Rule 352; and c. Partial Vacuum Subtest: Gain no more than 1.0 inch (25.4 mm) of water column in 5.0 minutes, when initially evacuated to a gauge pressure of 6 inches (15.2 cm) of water, in 2 consecutive runs, per subsections 5.3.1 through 5.3.7 of EPA Method 27, as incorporated by reference in Section 504 of this rule. d. Pressure Instability: A subtest is invalidated if during either of the pressure subtests, more than 1/2 inch water pressure is gained, or if during the vacuum test the vacuum is increased by more than minus 1/2 inch. A vessel shall be repaired, retested, and pass all 3 subtests in the same testing period within 15 days of testing if it does not pass all 3 subtests of subsection 302.2 of this rule. 303 DISPLAY A VALID DECAL: Each gasoline delivery vessel shall clearly display a valid MCESD air quality decal that is permanently mounted near the front on the right (passenger) side of the vessel. 304 PURGING PROHIBITED: 304.1 No person shall purge gasoline vapors into the atmosphere from a delivery vessel unless the following conditions are met: a. VOC emissions shall be reduced at least 90% by weight, including capture and processing, by a control device having a Maricopa County Air Pollution Permit; and b. Such purging shall be done only after all delivery valves are opened and any liquid gasoline outflow is captured in a container having an attached lid which is kept closed when not receiving or pouring gasoline. 352.7 304.2 305 An operator of a delivery vessel shall not purge gasoline vapors from such vessel as a passive result of switch loading, except for vessels exempted by subsection 305.1. EXEMPTIONS: 305.1 A delivery vessel is exempt from pressure test requirements of Section 302 if all of the following conditions are met: a. The vessel was placed in operation before July 13, 1988; and b. The vessel transported gasoline within Maricopa County before January 1, 1998; and c. The vessel never loads at a gasoline terminal; and d. The vessel serves only farm tanks and/or those non-resale dispensing operations having a yearly throughput not exceeding 120,000 gallons of gasoline, verified by monthly records pursuant to subsection 501.1a; and e. The vessel either has a sticker affixed to it that indicates to a bulk plant operator that the vessel may be loaded in Maricopa County, or has an affidavit signed by an owner or officer of the operating company filed with MCESD, with a complete copy of the signed affidavit available in the vehicle for inspection by a bulk plant operator or the Control Officer. 305.2 An operator of a delivery vessel exempted by subsection 305.1 is allowed to incidentally purge gasoline vapors from such vessel as a passive result of loading, or briefly when lids/ports must be open for inspection. 305.3 Opening Hatches On Non-Exempt Vessels: a. Required By Rule: Owners/operators, their contractors, and authorized government agents may open vapor containment equipment on a nonexempt gasoline delivery vessel while performing operations required by governmental agencies, but shall be restricted as follows, unless approved in advance by the Control Officer: (1) Wait at least 3 minutes after onloading is complete and after a delivery vessel has stopped before opening its hatch or other vapor seal. (2) Reclose hatch or other sealing device within 3 minutes of completing the required procedures. (3) Limit windspeed at opened hatch or other opened sealing device to not more than 3 mph (1.34 m/sec), using a barrier if necessary. b. Defueling: Hatches of a delivery vessel may be open for monitoring to prevent overflow during the period that the vessel is receiving gasoline 352.8 from a tank or other source, if so required by a local fire code or other ordinance. c. Connecting Coaxial Fittings: Requirements for first connecting a vapor hose before a gasoline delivery hose do not apply to coaxial VR connection fittings. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 TESTING: Testing required by subsections 302.2a, b, and c shall be conducted by the owner or operator of the delivery vessel, or by a consultant, at the expense of the owner or operator. The Control Officer may at any time observe the tests. An owner or operator shall comply with the following provisions: 401.1 401.2 Notification Of Required Testing: The owner, operator, or tester shall notify the Control Officer as follows for each vessel being tested to meet requirements of Section 302 or subsection 304.1 of this rule: a. Contact the Control Officer during normal business hours of the Department at least 4 hours prior to testing; and b. Give an estimated start time that is no more than 1 hour prior to actual start time; c. Except for weekend testing, the Control Officer shall be notified no more than 24 hours in advance of testing; d. For weekend testing, the notification shall be given, along with the date of testing, prior to 2 PM on Friday (or Thursday, if Friday is a County holiday); e. Give the location of the testing; f. Any testing that is performed in the 8 hour period between 9 PM and 5 AM is not valid for purposes of satisfying Section 302 requirements, except if the Control Officer gives specific, advance permission for a particular occasion. Registration: To obtain a decal, do the following for each vessel that passes the required annual test: a. Assemble in 1 packet the following 3 items: (1) A properly completed “APPLICATION FOR AIR POLLUTION VAPOR RECOVERY CERTIFICATION” (also called “The Application”), (2) A properly completed copy of the MCESD “Tank Truck Leak Certification Check List”, and (3) The annual fee remittance. (The fee amount appears in Rule 280.) 352.9 401.3 b. Send or convey this single packet to the Air Quality Division at the address on the top of The Application. c. Upon receipt of these 3 properly completed items, a decal will be issued by the Control Officer. Expiration: a. A decal that is issued to a vessel that passed its test in the 4-month period between March 1 through June 30 shall expire at 11:59 PM on June 30 of the following year. b. A decal that is issued to a vessel that passed its test in the period after June 30 of the previous year and before March 1 of the current year shall expire at 11:59 PM on June 30 of the year. For example, if the test is passed between July 1, 2000, through February 28, 2001, the decal expires on June 30, 2001. 401.4 402 Loss: a. An owner or operator shall notify the Control Officer immediately if a valid decal/sticker is lost, defaced, or destroyed. b. The Control Officer may require a demonstration of need for replacement. c. If Rule 280 so provides, the Control Officer may charge a fee for reissue or substitute issue of a lost, defaced, or destroyed decal/sticker, if the Control Officer determines that the Department is not at fault. TIME FRAME FOR INSTALLATION OF CONTROL DEVICE: An owner or operator of a vessel testing operation who chooses to comply with the Section 304 purging provisions through the use of a control device shall submit by August 1, 1999, an application for a Maricopa County Air Pollution Control Permit and an Operation and Maintenance Plan for the control device. The device shall be fully functioning by May 1, 2000. SECTION 500 - RECORDS AND MONITORING 501 RECORDKEEPING AND REPORTING REQUIREMENTS: 501.1 The owner or operator of a gasoline delivery vessel subject to this rule shall maintain records of all certification, testing, and repairs. a. Such records must be maintained in a legible, readily available condition for at least 5 years after the date the testing and repair is completed. 352.10 b. 501.2 Upon verbal or written request by the Control Officer, or a designee of the Control Officer, records shall be provided within a reasonable time. If the Control Officer is at the site where requested records are kept, records shall be provided without delay. The records of the certification testing required by Section 302 must be recorded in both of the following documents: the “Application for Air Pollution Vapor Recovery Certification” and the “Tank Truck Leak Certification Check List”. Pressure and vacuum shall be recorded to no less than the nearest quarter inch or half-centimeter of water column. The minimum requirements for each of these 2 documents follow: a. For the “Application for Air Pollution Vapor Recovery Certification”: (1) Owner's name and address. (2) Tank ID number, the location of the test, the time of the test, and the date of the test. (3) For the pressure subtest, 2 readings: the change in pressure (in inches H2O) for Run 1 and the change in pressure for Run 2. (4) For the vapor-valve subtest (subsection 302.2b), 1 reading: the total change in pressure during the test. (5) For the vacuum test, 2 readings: the total change in vacuum during Run 1 and the same for Run 2. b. The “Tank Truck Leak Certification Check List” (or its successor document) shall contain at least the following information: (1) The same information required in subsections a(1) and a(2) of this subsection 501.2; and (2) The time the subtest began, the initial pressure of the subtest, the finish time, the final pressure of the subtest, and the pressure change between the start and end of the subtest; the vessel’s unit number, manufacturer’s serial number, the tank capacity, whether the tank was purged of gasoline vapors, and the date of the next leakage test if the set of 3 subtests are not all passed. (3) If the initial pressure test was not passed, one set of readings in the row “Initial Test”, also giving the elapsed time if the pressure reached zero before 5 minutes. For example, the row marked “Initial Test” will normally contain the results of the initial failed subtest if any repairs were made subsequent to any pressurization or evacuation of the tank. 352.11 502 MONITORING FOR LEAKS: The Control Officer may at any time monitor a delivery vessel, including the vapor collection system, for vapor and liquid leaks to ascertain if it is vapor tight and leak free. Leakage of vapor exceeding 1/5 of the lower explosive limit, or 10,000 ppm as methane, when performed according to subsection 504.4, shall be an exceedance of the vapor-tight standard of subsection 301.1. 503 COMPLIANCE DETERMINATION: When more than one test method is permitted for a determination, an exceedance of the limits established in the rule determined by any of the applicable test methods constitutes a violation of this rule. 504 503.1 Pressure And Vacuum Tests: The subtests to determine compliance with subsection 302.2a and subsection 302.2c of this rule shall be performed according to EPA Method 27, except that the definition of gasoline shall be according to this Rule 352. 503.2 Test Of Internal Vapor Valves: The test to determine compliance with subsection 302.2b shall be performed immediately after successfully passing the pressure subtest (pursuant to subsection 302.2a), without performing any intervening maintenance or repair on the vapor valves. 503.3 Confirmation of a vapor leak detected on a vessel during onloading shall be determined by properly deploying a pressure tap adapter that conforms to Method 27 provisions, and demonstrating the leak according to subsection 504.4, while the pressure is less than 20 inches of water column. 503.4 Pursuant to Section 203, Reid vapor pressure shall be determined using American Society for Testing and Materials (ASTM) Method D 323-90. TEST METHODS: The EPA test method as it exists in the Code of Federal Regulations (CFR) (July 1, 1998), as listed below, is adopted by reference. The other test methods listed here are also adopted by reference, each having paired with it a specific date that identifies the particular version/revision of the method that is adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section 504 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. 504.1 EPA Method 27 (“Determination Of Vapor Tightness Of Gasoline Delivery Tank Using Pressure-Vacuum Test”) in 40 CFR 60, Appendix A. 504.2 American Society for Testing and Materials (ASTM) Method D 323-90, 1990 (Reid vapor pressure). 352.12 504.3 504.4 Test Of Internal Vapor Valves: a. Pressurize the delivery vessel to 18 inches (45.7 cm) of water column, using the first 2 procedures of the "Pressure Test" section of EPA Method 27. b. Close all the vessel's internal valves, including the internal vapor valves, thereby isolating the vapor system (vapor return line plus vapor manifold) from the compartments. c. Relieve the pressure in the vapor return line (to atmospheric pressure). d. Seal the vapor return line and after 5.0 minutes record the pressure present in the vapor system. Delivery Vessel Vapor Tightness Test: A vapor tight condition will be determined for vessels by the following method: a. Calibration: Within 4 hours prior to monitoring, the combustible gas detector or organic vapor analyzer shall be suitably calibrated for a 20 percent LEL response, or to 10,000 ppm with methane. b. Probe Distance: The probe inlet shall be 1 inch (2.5 cm) or less from the potential leak source when searching for leaks. The probe inlet shall be 1 inch (2.5 cm) from the leak source when the highest detector reading is being determined for a discovered leak. When the probe is obstructed from moving within 1 inch (2.5 cm) of an actual or potential leak source, the closest practicable probe distance shall be used. c. Probe Movement: The probe shall be moved slowly, not faster than 1.6 inches per second (4 centimeters per second). If there is any meter deflection at a potential or actual leak source, the probe shall be positioned to locate the point of highest meter response. d. Probe Position: The probe inlet shall be positioned in the path of the vapor flow from a leak such that the central axis of the probe-tube inlet shall be positioned coaxially with the path of the most concentrated vapors. e. Data Recording: The highest detector reading and location for each incidence of detected leakage shall be recorded, along with the date and time. If no gasoline vapor is detected, that fact shall be entered into the record. 352.13 BLANK PAGE 352.14 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 353 GASOLINE IN STATIONARY DISPENSING TANKS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 - DEFINITIONS 201 CARB-CERTIFIED 202 DISPENSING TANK 203 EXCESS GASOLINE DRAINAGE 204 GASOLINE 205GASOLINE DELIVERY VESSEL 206 GASOLINE DISPENSING OPERATION 207 GASOLINE VAPORS 208 INSTALLER 209 LEAK FREE 210 NON-PRECURSOR ORGANIC COMPOUND 211 OFFSET FILL LINE 212 POPPETTED DRY BREAK 213 SIDE FILL PIPE 214 STAGE 1 VAPOR RECOVERY 215 TANK CAPACITY 216 TOP FILL OR VERTICAL FILL PIPE 217 VAPOR LOSS CONTROL DEVICE 218 VAPOR TIGHT SECTION 300 - STANDARDS - VAPOR LOSS CONTROL MEASURES REQUIRED 301 BASIC TANK INTEGRITY 302 FILL PIPE REQUIREMENTS 303 VAPOR RECOVERY SYSTEM 304 EQUIPMENT MAINTENANCE AND USE REQUIRED 353-1 305 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 TANKS THAT LOST THEIR EXEMPTION 402 BURDEN OF PROOF 403 CARB DECERTIFICATION 404 OTHER AGENCIES’ REQUIREMENTS SECTION 500 - MONITORING AND RECORDS 501 COMPLIANCE INSPECTIONS 502 RECORDKEEPING 503 COMPLIANCE DETERMINATION 504 TEST METHODS 353-2 Revised 07/13/88 Revised 04/06/92 Revised 06/16/99 Revised XX/XX/XXXX MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 353 GASOLINE IN STATIONARY DISPENSING TANKS SECTION 100 - GENERAL 101 PURPOSE: To l imit VOC ( volatile or ganic c ompound) e missions f rom g asoline s tored i n stationary dispensing tanks, and from gasoline delivered into such tanks. 102 APPLICABILITY: This r ule i s a pplicable t o g asoline s tored i n or t ransferred i nto a ny stationary dispensing tank with a capacity of more than 250 g allons (946 l). T his includes gas stations and other gasoline-dispensing facilities, including those located at airports. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply: 201 CARB-CERTIFIED - A va por c ontrol s ystem, s ubsystem, or c omponent t hat ha s be en specifically approved by system configuration and manufacturer’s name and model number in an executive order of the California Air Resources Board (CARB), pursuant to Section 41954 of the California Health and Safety Code. Such orders are included in CARB’s publication, “Gasoline Facilities - Phase I & II”, which is available as set forth in subsection 503.4. 202 DISPENSING TANK - Any s tationary t ank w hich d ispenses g asoline i nto a motorized vehicle’s fuel tank that directly fuels its engine(s). This includes aircraft. 203 EXCESS GASOLINE DRAINAGE - More th an 1 0 mi lliliters ( 2 teaspoonsful) of l iquid gasoline l ost f rom t he end of a f ill hos e or vapor hos e i n t he pr ocess of c onnecting or disconnecting the hose; or any quantity of gasoline escaping out the end of such a hose that wets any a rea(s) on t he ground ha ving a n a ggregate area greater t han 1 13 s quare i nches, o r t he perimeter of which would encompass a circle of 12 inches (30.5 cm) diameter. T his does not include drainage into a fill-tube’s spill containment receptacle. 204 GASOLINE - Any petroleum distillate or blend of petroleum distillate with other combustible liquid(s), such as alcohol, that is used as a fuel for internal combustion engines and has a vapor pressure between 4.0 and 14.7 psi (200 - 760 mm Hg.), as determined by the applicable method pursuant to subsections 503.2 and 504.2. F or the purposes of this rule, liquefied petroleum gas (LPG) is excluded. 353-3 205 GASOLINE DELIVERY VESSEL - Any vehicular-mounted container such as a tanker truck, tank trailer, cargo tank or any other wheel-mounted container used to transport g asoline. T his includes any hosing the vessel carries through which deliveries must be made. 206 GASOLINE DISPENSING OPERATION - All g asoline di spensing t anks a nd a ssociated equipment l ocated on on e or m ore c ontiguous or a djacent pr operties unde r t he c ontrol of t he same person (or persons under common control). 207 GASOLINE VAPORS - Vapors, originating f rom l iquid g asoline, that a re us ually f ound i n mixture with air. Included are any droplets of liquid gasoline or of gasoline vapor condensate that are entrained by the vapor. 208 INSTALLER - The person, as defined in Rule 100, that installs VOC control equipment at a dispensing facility. 209 LEAK FREE - A condition in which there is no liquid gasoline escape or seepage of more than 3 drops per minute from gasoline storage, handling, and ancillary equipment, including, but not limited to, seepage and escapes from above ground fittings. 210 NON-PRECURSOR ORGANIC COMPOUND - Any of the organic compounds which have been designated by the EPA as having negligible photochemical reactivity. EPA designates such compounds as “exempt”. A listing of the compounds is found in Rule 100 of these Air Pollution Control Rules and Regulations. 211 OFFSET FILL LINE - Any di spensing t ank’s gasoline f ill l ine ( piping a nd f ittings) w hich contains one or more bends. 212 POPPETTED DRY BREAK - A Stage 1 vapor recovery device that opens only by connection to a mating device to ensure that no gasoline vapors escape from the dispensing tank before the vapor return line is connected. 213 SIDE FILL PIPE - A fill pipe that enters a dispensing tank through the tank’s side. 214 STAGE 1 VAPOR RECOVERY - At a gasoline dispensing facility, the use of installed vapor recovery equipment designed to reduce by at least 90% the VOC vapor that would otherwise be displaced into the atmosphere from a dispensing tank when gasoline is delivered into the tank by a delivery vessel. T his reduction may be done either by capturing the displaced vapors within the delivery vessel, and/or by processing the vapors on s ite with an emission processing device (such as a VOC oxidizer). 215 TANK CAPACITY - The maximum volume of liquid gasoline a particular tank is allowed to store while still complying with all applicable rules, including local, state, and Federal rules. 216 TOP FILL or VERTICAL FILL PIPE - A fill pipe that enters a dispensing tank through its top. 353-4 217 VAPOR LOSS CONTROL DEVICE - Any piping, hoses, equipment, or devices which are used to collect, store and/or process VOC vapors at a service station or other gasoline dispensing operation. 218 VAPOR TIGHT - A condition in which an organic vapor analyzer (OVA) or a combustible gas detector ( CGD) a t a pot ential V OC l eak s ource s hows e ither less t han 10,0 00 ppm w hen calibrated with methane, or less than 1/5 of the lower explosive limit, when prepared according to the manufacturer and used according to subsection 504.3 of this rule. SECTION 300 - STANDARDS - VAPOR LOSS CONTROL MEASURES REQUIRED: No person s hall tr ansfer o r p ermit the t ransfer o f g asoline f rom an y d elivery v essel i nto an y s tationary dispensing tank located above or below ground with a capacity of more than 250 gallons (946 l) unless the following conditions are met: 301 BASIC TANK INTEGRITY: No va por or l iquid e scapes a re a llowed t hrough a di spensing tank’s outer surfaces, nor from any of the joints where the tank is connected to pipe(s), wires, or other system. 301.1 VOC Emission Standard: a. Gasoline de livery ope rations s hall be va por t ight, a s de fined i n S ection 218, except f or tanks e xempted b y S ection 305 f rom S tage 1 va por r ecovery requirements. b. Tanks a nd t heir f ittings s hall be va por tight e xcept f or t he o utlet of a pressure/vacuum relief valve on a dispensing tank’s vent pipe. Specifically, this means t hat a t a probe t ip di stance of 1 i nch ( 2.5 cm) f rom a s urface, n o v apor escape s hall e xceed 1 /5 o f the lower e xplosive l imit. T his ap plies t o tanks containing gasoline regardless of whether they are currently being filled, and to caps and other tank fittings. 301.2 Leakage Limits – Liquid Leaks And Spills: a. Gasoline s torage an d r eceiving o perations s hall b e l eak f ree. S pecifically, n o liquid gasoline escape of more than 3 drops per minute is allowed. This includes leaks through the walls of piping, fittings, fill hose(s), and vapor hose(s). b. There shall be no excess gasoline drainage from the end of a fill hose or a vapor hose. S pecifically, not more than 2 t easpoonsful of gasoline shall be lost in the course of a connect or disconnect process. 301.3 Spill Containment Equipment: The entire spill containment system including gaskets shall be kept vapor-tight. a. The Spill Containment Receptacle: 353-5 b. c. d. 302 (1) The outer surface of the spill containment receptacle shall have no holes or cracks and shall allow no vapors to pass from the dispensing tank through it to the atmosphere. (2) Spill co ntainment r eceptacles s hall b e k ept cl ean an d f ree o f f oreign material at all times. (3) Spill containment receptacles shall be inspected at least weekly. R ecords of inspection and cleaning shall be kept according to subsection 502.2. If the spill containment is equipped with a passageway to allow material trapped by the containment system to flow into the interior of the dispensing tank: (1) The passageway s hall be kept vapor tight at all t imes, except during t he short period w hen a pe rson ope ns t he pa ssageway t o immediately dr ain material trapped by the containment system into the tank. (2) The b ottom o f t he r eceptacle s hall b e d esigned and k ept s uch t hat n o puddles of g asoline a re left a fter dr aining t hrough t he pa ssageway ha s ceased. The di spensing t ank ow ner/operator i s r esponsible f or a ssuring t hat be fore a delivery vessel leaves the premises after a delivery: (1) Any gasoline in a dispensing tank’s spill containment receptacle has been removed. (2) Any g asoline t hat a p erson h as t aken o ut o f a s pill r eceptacle, as a f ree liquid or a s a bsorbed i nto/onto ot her m aterial r emoved from t he receptacle, s hall b e co ntained in such a w ay t hat V OC em ission is prevented; disposal in conformance with applicable hazardous waste rules is sufficient to meet this requirement. (3) Any plunger/stopper assembly is unimpeded and sealing correctly. Criteria Of Violation/Exceedance For Spill-Containment Receptacles: A reading on a CGD or OVA exceeding 1/5 LEL (10,000 ppm as methane) is an exceedance. T he pr ocedure f or performing a determination is set f orth i n subsection 504.3. FILL PIPE REQUIREMENTS: 302.1 Each f ill-line i nto a s tationary di spensing t ank s hall be e quipped w ith a pe rmanent submerged fill pipe that has a discharge opening which is completely submerged when the liquid level is 6 inches above the tank bottom. 353-6 a. Threads, gaskets, and mating surfaces of the fill pipe assembly shall be designed and maintained tight. There shall be no liquid or vapor leakage at the joints of the assembly. b. An ow ner/operator i s r esponsible t o a ssure t hat e xternal f ittings of a f ill pipe assembly s hall b e i nspected w eekly t o as sure t hat cap , g asket, an d p iping ar e intact and are not loose. (1) A record of the inspection shall be made according to subsection 502.2. (2) An owner/operator shall act to prevent driver/deliverers from connecting the delivery hos e coupling t o a fill pi pe coupling with s o much t wisting force that the fill pipe assembly is loosened. One method of complying is to have a CARB-certified swivel coupling as part of the fill pipe assembly (reference subsection 503.4 for CARB). 302.2 Fill Pipe Caps: a. The cap shall have a securely attached, intact gasket. b. The cap and its gasket shall always function properly, latch completely so that it cannot then be easily twisted by hand, and have no structural defects. c. The cap of a gasoline fill pipe shall always be fastened securely on t he fill pipe except immediately before, during, and immediately after: d. (1) “Sticking” the tank to measure gasoline depth. (2) Delivering gasoline into the tank. (3) Doing testing, maintenance or inspection on the gasoline/vapor system. Do not unf asten or r emove a f ill p ipe c ap unl ess every ot her f ill p ipe i s e ither securely capped or connected to a d elivery hose, except as otherwise needed for testing, maintenance, or inspection. 302.3 Restrictions On Multiple Fill Pipes: a. A tank installed after December 31, 1998 shall not be equipped with more than one f ill p ipe u nless mo re th an o ne f ill p ipe is specifically allowed in the A ir Pollution Permit and there is a 2-point system having a properly installed vapor return pipe close to each fill pipe. b. Restriction On Concurrent Delivery: An owner/operator of a dispensing tank fitted with more than 1 fill pipe shall prevent concurrent delivery of gasoline by a gasoline delivery vessel to more than 1 fill pipe of the tank by locking additional fill pipes shut or by using other permanent means, unless: 353-7 (1) Concurrent delivery is specifically allowed in the facility’s Air Pollution Permit; and (2) All fill pipes in use are part of a 2-point vapor recovery system; and (3) Before making a concurrent delivery through a tank’s second fill pipe, an additional vapor return hose from the delivery vessel must first be attached to the vapor return line associated with the second fill pipe. 302.4 Fill Pipe Obstructions: a. Any t ype of s creen a nd/or ot her obs tructions i n fill p ipe a ssemblies s hall be permanently removed by November 1, 1999, unless it is specifically allowed by an Air Pollution Permit or is CARB-certified, as referenced in subsection 503.4. b. A screen or other obstruction, allowed by Air Pollution Permit or CARB, shall be temporarily r emoved b y t he ow ner/operator of a di spensing t ank pr ior t o inspection by the Control Officer to allow measurements pursuant to this rule. 302.5 Overfill Protection Equipment: Overfill prevention equipment shall be vapor tight to the a tmosphere. A ny d evice m ounted w ithin the f ill pi pe s hall be s o d esigned a nd maintained t hat no va por from t he vapor s pace above t he gasoline within the t ank can penetrate into the fill pipe or through any of the fill pipe assembly into the atmosphere. 303 VAPOR RECOVERY SYSTEM: 303.1 Gasoline vapors displaced from a di spensing t ank b y gasoline being delivered s hall be handled by a Stage Vapor Recovery System, unless the tank is exempted by Section 305. 303.2 Stage 1 Vapor-Recovery System Configuration (Reference s ubsection 5 03.4 f or identification of CARB-certified components): a. Replacement: After June 16, 199 9, n o pa rt of a va por r ecovery s ystem for which there is a CARB specification shall be replaced with anything but CARBcertified components. b. Vapor Valves: c. (1) All va por r eturn l ines f rom di spensing t anks s hall be e quipped w ith CARB-certified, spring loaded, vapor tight, poppetted dry break valves. (2) Vapor valves shall be inspected weekly to determine if closure is complete and g askets ar e i ntact; a r ecord s hall b e m ade p ursuant t o s ubsection 502.2. Above-Ground Systems: After June 16, 1999, an above ground dispensing tank shall have CARB-certified fittings wherever CARB so specifies. 353-8 d. e. 304 New Systems: Each ne w g asoline tank i nstallation s hall us e CARB-certified fittings exclusively wherever CARB so specifies, and: (1) Shall have its own separate, functioning 2-point vapor return line; (2) Is allowed to have a combination vapor recovery system that in addition to having a separate 2-point Stage 1 vapor return line, also has stage 1 vapor piping/fittings linking it to one or more (other) gasoline dispensing tanks. New Coaxial Prohibited: (1) No c oaxial f ill pi pes s hall be i nstalled a fter J une 16, 1999 i n ne w installations; and (2) No c oaxial f ill pipes s hall be r einstalled a fter June 16, 1999, i n m ajor modifications in which the top of the tank is exposed and the vapor port bung is pre-configured to accept vapor recovery piping. EQUIPMENT MAINTENANCE AND USE REQUIRED: All vapor loss control equipment shall b e installed as r equired, o perated as r ecommended b y t he m anufacturer, a nd m aintained leak free, vapor tight and in good working order. 304.1 Both the owner/operator of a dispensing tank and the driver/operator of a delivery vessel delivering gasoline to the fuel dispensing tank equipped with vapor recovery shall have responsibility t o a ssure that vapor r ecovery e quipment ( if r equired b y t his r ule) i s properly co nnected an d i n u se at a ll times w hile g asoline is ac tively b eing dropped/delivered.. 304.2 The owner/operator of a fuel dispensing tank not exempted by Section 305 shall refuse delivery o f gasoline f rom a d elivery v essel w hich does n ot b ear a cu rrent pressure t est certification decal issued by the Control Officer. This provision does not apply during times w hen t he f acility i s una ttended or there i s only one pe rson unde r c ontrol of t he dispensing facility present. 304.3 Coaxial Systems: Both s pring-loaded a nd fixed coaxial fill tubes s hall be ma intained according t o t he s tandards of t heir manufacturer(s) a nd be ope rated s o that t here i s n o obstruction of vapor passage from the tank to the delivery vessel. 305 EXEMPTIONS: 305.1 Dispensing Tanks For Farm Operations: Any s tationary gasoline d ispensing ta nk used exclusively for the fueling of implements of normal farm operations is exempt from this rule, except for cap, spills, and liquid leakage provisions in Section 301. 305.2 The vapor recovery provisions of Section 303 of this rule shall not apply to the following stationary gasoline dispensing tanks: 353-9 a. Non-Resale Dispensing Operations From Non-Farm Tanks: Any s tationary gasoline dispensing operation receiving less than 120,000 gallons of gasoline in any 12 c onsecutive calendar months, dispensing no resold gasoline, and having each g asoline d ispensing t ank e quipped w ith a p ermanent submerged fill p ipe pursuant t o subsection 302.1, is e xempt f rom Section 303 . H owever, a ny operation s hall be come s ubject to t he provisions of S ection 303 of t his r ule b y exceeding t he 120,0 00 g allon threshold or no t a biding b y t he r estrictions, a nd shall remain subject to such provisions even if annual emissions later fall below this threshold. b. Dispensing Tanks Of 1000 Gallons Or Less: Any stationary dispensing tank having a c apacity of 1000 gallons ( 3785 l ) or l ess w hich w as i nstalled prior t o October 2, 1978 , provided that such t ank i s e quipped w ith a permanent submerged fill pipe. Where, because of government regulation including, but not limited to, F ire D epartment c odes, s uch a f ill pi pe c annot be i nstalled, t he gasoline s hall be de livered i nto the tank u sing a n ozzle ex tension that r eaches within 6 inches of the tank bottom. c. Dispensing Tanks With Offset Fill Lines: Any s tationary di spensing t ank installed prior to October 2, 1978, where the fill line between the fill connection and tank is offset. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 TANKS THAT LOST THEIR EXEMPTION: Tanks t hat w ere fo rmerly exempt fro m a provision prior to June 16, 1999, shall come into compliance by December 1, 1999. 402 BURDEN OF PROOF: 402.1 Proving Exempt Status: The bur den of pr oof of e ligibility f or e xemption f rom a provision of t his r ule i s on t he a pplicant. P ersons s eeking s uch a n e xemption s hall maintain adequate records and furnish them to the Control Officer upon request. 402.2 Providing Proof Of Equipment Compliance: 403 a. It i s t he r esponsibility of t he i nstaller of va por control e quipment, w hen s o required by the Control Officer, to provide proof that a vapor recovery system or its modifications meet the requirements of this Rule 353. b. If the owner/operator or the equipment supplier voluntarily provides such proof, the C ontrol O fficer ha s t he opt ion t o w aive t he s ubsection 402 .2a r equirement that the installer provide this proof. CARB DECERTIFICATION: A person s hall not install or reinstall a component related to vapor r ecovery t hat h as b een d ecertified b y C ARB i n “G asoline F acilities - Phase I & II” publication, referenced in subsection 503.4. 353-10 404 OTHER AGENCIES’ REQUIREMENTS: Compliance w ith t his r ule doe s no t r elieve o r otherwise affect a person’s obligation to comply with any other applicable federal, state, or local legal requirement, including, but not limited to, rules promulgated by the Arizona Department of Weights and Measures, local fire department codes, and local zoning ordinances. SECTION 500 - MONITORING AND RECORDS: 501 COMPLIANCE INSPECTIONS: Any di spensing t ank required b y t his rule to be equipped with va por l oss c ontrol devices m ay be s ubject t o m onitoring f or va por t ightness a nd l eak tightness during any working hours. Such a tank may be opened for gauging or inspection when loading operations are not in progress, provided that s uch t ank is part of an open s ystem or is served by a positive-pressure relief valve with a relief setting not exceeding +1/2 lb psig. 502 RECORDKEEPING: The owner or operator of each gasoline dispensing facility in Maricopa County shall maintain records as follows: 502.1 The t otal a mount of gasoline r eceived e ach month s hall be r ecorded by t he e nd of t he following month. 502.2 The owner or operator of a gasoline dispensing facility shall cause weekly records of fill tube, vapor va lve a nd s pill c ontainment inspection t o be ke pt. T he f indings of s uch weekly inspections shall be permanently entered in a record or log book by the end of Saturday of the following week. 502.3 These records and any reports or supporting information required by this rule or by the Control Officer shall be retained for at least 5 years. 502.4 Records of the past 12 months shall be in a readily accessible location and must be made available to the Control Officer without delay upon verbal or written request. 503 COMPLIANCE DETERMINATION: The t est m ethods r eferenced i n S ection 504 s hall be used i n t he ways given i n t he s ubsections t hat immediately follow. W hen m ore t han one t est method i s pe rmitted f or a de termination, a n e xceedance of t he l imits e stablished i n this r ule determined by any of the applicable test methods constitutes a violation of this rule. For routine information collection, the Control Officer may accept a manufacturer’s data sheet (MSDS), data certified by an officer of the supplying company, or test data for the product of inquiry. 503.1 Control e fficiency of [ emission c ontrol de vice] va por r ecovery s ystems a nd vapor collection/ pr ocessing s ystems shall be de termined a ccording t o E PA M ethod 2A a nd either E PA M ethod 25A or 25B ( Section 504 a nd s ubsection 504. 1), or b y C ARBapproved t est m ethods ( Section 504 a nd s ubsection 504. 4). E PA Method 2B s hall be used for vapor incineration devices. 503.2 Vapor pressure of gasoline (reference Section 204) shall be determined using American Society for Testing and Materials (ASTM) Method D323-94 or ASTM Method D495393. M ethod D 323-94 s hall be us ed f or g asoline e ither c ontaining no o xygenates or MTBE (methyl t ertiary but yl ether) as the sole oxygenate. M ethod D4953-93 s hall be used for oxygenated gasoline. 353-11 503.3 Vapor Leaks: a. If a d etermination of l eak-tight s tatus i s to b e ma de o n Stage 1 o r s pill containment equipment at a gasoline dispensing facility or on a delivery vessel at the station, the method in subsection 504.3 shall be used. b. Subsection 504.3 probe distance and movement parameters notwithstanding, if it has be en e stablished t hat t here a re no ot her i nterfering va por e scapes, i t i s a n exceedance if a reading by the Control Officer from an established vapor escape above 1/5 LEL (or 10,000 ppm as methane) is sustained for at least 5 s econds, and the probe is either consistently further than 1 inch from the source and/or the probe is consistently being moved faster than 4 cm per second. c. The C ontrol O fficer m ay count i t a s a f ailure t o pe rform w eekly i nspections pursuant t o s ubsection 301.3 if f oreign material is f ound in a s pill c ontainment receptacle a nd t here is no r ecord of a n i nspection’s be ing pe rformed i n t he preceding 10 days. 503.4 The CARB publication, “Gasoline Facilities - Phase I & II”, pursuant to sections 41954 through 41962 of the California Health and Safety Code, is adopted by reference, as it exists on June 16, 1999. This publication is available for reference at Maricopa County Air Quality Division, 1001 North Central Avenue, Suite 200, Phoenix, AZ, 85004-1942, (602) 506-6010, or 6706. T his publication is available for purchase at the (California) Air Resources Board, PO Box 2815, 2020 L Street, Sacramento, CA, 95812-2815; (916) 323-0255 or (916) 322-2886. 504 TEST METHODS: The EPA test methods as they exist in the C ode o f Federal R egulations (CFR) (July 1, 1998), as listed below, are adopted by reference. The CARB test methods as they exist in Stationary S ource T est Methods, V olume 2 , o n A pril 8, 1 999, a s listed in s ubsection 504.4 are adopted by reference. The other test methods listed here are also adopted by reference, each h aving p aired w ith it a s pecific d ate that identifies th e particular v ersion/revision of t he method that is adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section 504 are available at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 850041942. 504.1 EPA Test Methods: a. EPA M ethods 2 a ( “Direct Measurement of G as V olume Through P ipes a nd Small Ducts”), and 2b (“Determination of Exhaust-Gas Volume Flow-Rate From Gasoline Vapor Incinerators“). Both of the foregoing methods are in 40 CFR 60, Appendix A. b. EPA M ethod 25 ( “Determination of T otal G aseous N onmethane O rganic Emissions as Carbon”) and its submethods (40 CFR 60, Appendix A). 504.2 Gasoline Vapor Pressure: 353-12 a. American Society f or T esting a nd M aterials ( ASTM) M ethod D 323-94 ( 1994) “Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method). b. American Society for Testing and Materials (ASTM) Method D4953-93 (1993) “Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method) 504.3 Leak Detection Test Method: a. Calibration: Within four hours prior to monitoring, the CGD or OVA shall be suitably calibrated in a manner and with the gas specified by the manufacturer for 20 percent LEL response, or calibrated with methane for a 10,000 ppm response. b. Probe Distance: The pr obe i nlet s hall be one i nch ( 2.5 c m) or l ess f rom t he potential leak source when searching for leaks. The probe inlet shall be one inch (2.5 c m) f rom t he l eak s ource w hen the h ighest de tector r eading i s b eing determined f or a d iscovered l eak. When the probe i s obs tructed f rom m oving within one inch ( 2.5 c m) of a n a ctual or po tential l eak s ource, t he c losest practicable probe distance greater than 1 inch shall be used. c. Probe Movement: The probe shall be moved slowly, not faster than 1.6 inches per s econd ( 4 cen timeters p er second). I f t here i s an y m eter d eflection at a potential or actual leak source, the probe shall be positioned to locate the point of highest meter response. d. Probe Position: The probe inlet shall be positioned in the path of the vapor flow from a leak, such that the central axis of the probe-tube inlet shall be positioned coaxially with the path of the most concentrated vapors. e. Data Recording: The highest detector reading and location for each incidence of d etected l eakage s hall be r ecorded, a long w ith t he da te a nd t ime. I f no gasoline vapor is detected, that fact shall be entered into the record. 504.4 CARB Certification And Test Procedures For Gasoline Vapor Recovery Systems: a. CARB T est Method CP -201, “ Certification Procedure f or V apor R ecovery Systems of Dispensing Facilities”. b. CARB Test Procedure TP-201.1 - “Determination of Efficiency of Phase I Vapor Recovery Systems of Dispensing Facilities without Assist Processors”. c. CARB T est P rocedure T P-201.1A - “Determination of E fficiency of P hase I Vapor Recovery Systems of Dispensing Facilities with Assist Processors”. 353-13 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 358 POLYSTYRENE FOAM OPERATIONS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY SECTION 200 – DEFINITIONS 201 BEAD-LOT AND BEAD-LOT IDENTIFIER 202 BLOCK (EPS FOAM BLOCK) 203 BLOWING AGENT 204 CUP MOLDING 205 DAY 206 EMISSION CONTROL SYSTEM (ECS) 207 EPS BEADS (EXPANDABLE POLYSTYRENE BEADS) 208 EPS FOAM (EXPANDED POLYSTYRENE FOAM) 209 LOOSE FILL 210 NONPRECURSOR ORGANIC COMPOUND 211 POLYSTYRENE 212 PREPUFF OR PUFF 213 SHAPE 214 SPECIALTY BLOCK PRODUCTS 215 VOLATILE ORGANIC COMPOUND (VOC) 216 VOC CONTENT OF RAW EPS SECTION 300 - STANDARDS 301 BLOCK MAKERS 302 SHAPE MAKERS 303 CUP MAKERS 304 LOOSE FILL MAKERS 305 PERFORMANCE OF ECS CONTROLLING VOC EMISSIONS 306 ECS OPERATION AND MAINTENANCE (O&M) PLANS 307 VOC CONTAINMENT, IDENTIFICATION, AND DISPOSAL 358-1 308 EXEMPTION SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE SECTION 500 – MONITORING AND RECORDS 501 RECORDS 502 RECORDKEEPING SPECIFICS 503 TEST PROCEDURES 504 TEST METHODS ADOPTED BY REFERENCE 358-2 Adopted 04/20/05 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 358 POLYSTYRENE FOAM OPERATIONS SECTION 100 – GENERAL 101 PURPOSE: The purpose of this rule is to limit the emissions of volatile organic compounds (VOCs) from the manufacturing of expanded-polystyrene products. 102 APPLICABILITY: This rule applies to any facility that expands, ages, or molds expandable polystyrene (EPS). SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 BEAD-LOT AND BEAD-LOT IDENTIFIER – A specific selection of a specific quantity o f e xpandable p olystyrene material, all p ortions of which typically s hare similar p roperties. This selected material has b een tested in ac cordance with standard quality-control procedures and is traceable to the time and date on which it was packaged. Traceability is enabled by a bead lot identifier or lot number, which is a unique numeric (or alphanumeric) string that is permanently coupled with the selected material. The lot number always appears on one or more formal transfer/receipt documents retained by both the seller and the buyer and identifies the material’s plant of manufacture, as well as the date that it was packaged. 202 BLOCK (EPS FOAM BLOCK) – A block-shaped solid made of EPS foam that was molded as a unit. Typically, a block's depth and width each exceed 23 inches (0.6 m) and a length exceeding 95 inches (2.4 m). 203 BLOWING AGENT – Any substance that, alone or in conjunction with other substances, is capable of producing a cellular (foam) structure in a polymeric material by inflation. 204 CUP MOLDING – The process of making cups, bowls, and similar containers by molding expanded polystyrene globules (prepuff). 205 DAY - Any 24-hour period beginning at 12:00 am - midnight. 206 EMISSION CONTROL SYSTEM (ECS) – A s ystem f or r educing e missions of volatile organic compounds, consisting of a capture system (e.g., enclosures, hoods, an d d uctwork) an d c ontrol d evice(s). An E CS ma y al so i nclude g as conditioning equipment such as condensers or prefilters. 358-3 207 EPS BEADS (EXPANDABLE POLYSTYRENE BEADS) – Polystyrene beads, particles, or granules, usually less than one-twelfth inch in diameter, that are formulated with a blowing agent (typically 3.5% to 7% of bead weight). When subjected to prescribed heating in an expansion system, the beads puff up, expanding many times their original volume into low density foam globules (called “prepuff” or “puff”) from which a variety of EPS foam products are molded. 208 EPS FOAM (EXPANDED POLYSTYRENE FOAM) – A lightweight, naturally white, foam material, made of polystyrene, from which a variety of common items are mad e, s uch as ice-chests, insulation b oard, p rotective p ackaging, and singleuse cups. 209 LOOSE FILL – Small, expanded polystyrene forms produced in a variety of shapes that are used as packing material or as stuffing in furnishings. These foam products typically have a density below 6/10 of a pound per cubic foot (pcf). 210 NONPRECURSOR ORGANIC COMPOUND – Any of the organic compounds that have been designated by the EPA as “exempt” (having negligible photochemical reactivity). A l isting o f t he c ompounds i s fo und in R ule 1 00 o f t hese r ules an d regulations. 211 POLYSTYRENE – Any grade, class, or type of thermoplastic polymer, alloy, or blend that is composed of at least 80% polymerized styrene by weight. 212 PREPUFF OR PUFF – Expanded polystyrene globules, prior to molding, formed from E PS beads/granules t hat h ave b een p rocessed i n an e xpander. N o grind/regrind m aterial ( i.e., e xpanded EPS t hat h as b een t hrough a g rinder) o r material within a grinding system is considered to be prepuff. 213 SHAPE – An object made out of EPS that has been molded into a shape other than that of a block, cup, or bowl. 214 SPECIALTY BLOCK PRODUCTS – For the purposes of this rule, a specialty block product is an E PS b lock o r block-derivative (e.g., b oard, architectural form, e tc.) that meets either of the following criteria: 214.1 Has a density of 2.0 pounds per cubic foot or greater, as determined by ASTM Method C303; or 214.2 Has a density less than 0.8 pounds per cubic foot as determined by ASTM Method C303. 215 VOLATILE ORGANIC COMPOUND (VOC) – Any organic compound that participates in photochemical reactions, except nonprecursor organic compounds. 216 VOC CONTENT OF RAW EPS – For t he p urposes o f t his r ule, t here ar e 3 different e xpressions fo r s tating the V OC c ontent o f r aw E PS b eads/granules. Each of these expressions must be made in terms of either the number of 358-4 pounds of VOC per 100 pounds of beads or the percentage of overall weight (including t he V OC we ight) t hat t he i ncorporated V OC c onstitutes. T he percent value shall be expressed with a precision of no less than the nearest tenth of one percent, which is equivalent to expressing the same number value in pounds VOC p er 100 lbs. b eads, t o t he n earest t enth o f a p ound. The ac ceptable expressions are: 216.1 Manufacturer-Certified Bead-Lot (MCBL) VOC-Content – A document such as a standard Certificate Of Analysis that numerically presents an EPS bead-lot’s VOC content and must contain all of the following elements: a. The VOC content printed or written on a paper document by the bead man ufacturer, aft er t he man ufacturer h as h ad t he b ead-lot tested to determine the lot’s percent VOC, before s hipping fr om the manufacturer; and b. The manufacturer’s name and the bead-lot, identified on the paper document with the appropriate bead-lot identifier; and c. The s ignature o f an officer o f t he man ufacturing fac ility o r t he signature of an officer’s designee, previously designated in writing by such an officer. 216.2 Post-Manufacture Laboratory-Tested (PMLT) VOC-Content: The results of a laboratory test determining the VOC content of a representative sampling of an intermediate or finished expanded polystyrene-product, o r such a t est o f r aw b eads an y t ime aft er t heir MCBL VOC content has been assigned. 216.3 ISO-Certified Maximum Bead-Model (IMBM) VOC-Content: A numerical value that represents the upper limit of a particular beadmodel’s VOC-content, which has been: a. Initially stipulated by the bead-model’s manufacturer in a document that gives the bead-model’s unique identifier, and b. Subsequently certified for accuracy by the International Standards Organization (ISO). SECTION 300 – STANDARDS: 301 BLOCK MAKERS: A n owner an d/or o perator of an E PS b lock-making facility shall comply with Section 301.1 and, if applicable, Section 301.2 of this rule. 301.1 Limit the sum of both the VOC that escaped to atmosphere and the residual V OC i n t he r esulting b locks at t he t ime t hey ar e r eleased fr om 358-5 the molding machine to not more than 3.0 pounds for every 100 pounds of raw beads processed. 301.2 Specialty Products Alternative Operating Scenario: When producing specialty block-products solely from raw EPS beads that exceed a VOC-content of 5.5 percent by weight, an owner and/or operator may choose t he s tandard i n Section 3 01.2(a) by wh ich t o c omply wi th this rule, b ut o nly i f t he r equirements i n Sections 3 01.2(b) a nd 3 01.2(c) a re met. a. Limit the sum of both the VOC that escaped to atmosphere and the residual VOC i n t he r esulting b locks a t t he time they ar e r eleased from the molding machine to not more than 3.9 pounds for every 100 pounds of raw beads processed (3.9 lbs/100#), and b. Taking into account the total weight of all beads processed each year, limit the portion of that weight that is processed under the 3.9 lbs/100# standard to the percent allowed each year by Table I. TABLE I ANNUAL PERCENTAGE LIMITS FOR SPECIALTY PRODUCTS MADE UNDER THE SECTION 301.2(a) STANDARD Column A Calendar Year Of Column B Limit 2006 2007 2008 2009 2010 2011 and continuing c. 302 Column B Maximum Percent Of All RawBeads Processed Each Year That Are Allowed To Be Processed Under The 3.9 Lb/100# Standard For Specialty Products Only 10.0 9.0 8.0 7.0 6.0 5.0 The proportion of annual raw-material throughput that is produced under t he Se ction 3 01.2(a) s tandard s hall b e c alculated an d recorded according to Section 502.1(d). SHAPE MAKERS: An owner and/or operator of an EPS shape-making facility shall limit the sum of the VOC that escaped to atmosphere and the residual VOC in the r esulting s hapes to 2. 7 p ounds fo r e very 100 p ounds o f r aw b eads processed. 358-6 303 CUP MAKERS: An owner and/or operator of an EPS cup-making facility shall limit the s um of t he V OC t hat e scaped to a tmosphere an d the r esidual V OC i n the resulting cups to 3.2 pounds for every 100 pounds of raw beads processed. 304 LOOSE FILL MAKERS: An owner and/or operator of a facility that makes expanded polystyrene loose fill shall limit the sum of both the VOC that escaped to atmosphere plus the residual VOC in the finished loose fill (measured right after the final curing process) to not more than 2.4 pounds for every 100 pounds of raw EPS materials processed into finished loose fill. 305 PERFORMANCE OF ECS CONTROLLING VOC EMISSIONS: If an ECS is required by this rule, comply with Sections 305.1, 305.2, and 305.3 of this rule. 305.1 The control device (abatement subsystem) of such ECS shall comply with either Section 305.1(a) or Section 305.1(b) of this rule. a. Reduce the weight of VOC-as-carbon that enters the control device by at least 94%; or b. Maintain an hourly average outlet concentration o f VOC b elow 20 milligrams per dry standard cubic meter. Express mass loading of VOC as milligrams of non-methane organic carbon. 305.2 Each ECS that is operated in order to comply with this rule shall be equipped with monitoring devices capable of demonstrating that the ECS is operating in a manner that assures compliance with this rule. The monitoring devices shall be installed, calibrated, maintained, and operated ac cording t o t heir man ufacturers’ i nstructions an d t he O &M Plan. Typically, such devices provide temperature, pressure, flow-rate, or other i ndicator(s) o f p roper E CS fu nction (s uch as a continuous temperature recorder that monitors an oxidizer’s combustion chamber or a condenser’s outlet duct, or a pressure recorder that monitors the integrity of a permanent total-enclosure, etc.). 305.3 Records shall be kept according to Section 502.3 of this rule. 306 ECS OPERATION AND MAINTENANCE (O&M) PLANS: 306.1 An owner and/or operator shall provide, implement, and maintain an O&M Plan for each ECS required by this rule. The O&M Plan shall include the monitoring device(s) associated with the ECS. 306.2 The owner and/or operator shall s ubmit to the Control Officer for approval the O&M Plan of each ECS, with its associated monitoring device(s), t hat i s u sed a ccording t o S ections 3 01.1, 3 01.2, 3 02, 3 03, o r 304 of this rule. Also include in such O&M Plans: 358-7 a. Procedures for collecting and recording required data and other information i n a fo rm ap proved by t he Control O fficer, wh ich s hall include data collected through the O&M Plan and through the monitoring of key system operating parameters; and b. Procedures and schedules for preventive and corrective maintenance performed for the purpose of maintaining the emission control system in proper operating condition. 306.3 An owner an d/or o perator of an EPS facility must comply with all O&M Plans that the owner and/or operator has submitted for approval but which have not yet been approved, unless notified otherwise by the Control Officer in writing. 307 VOC CONTAINMENT, IDENTIFICATION, AND DISPOSAL: 307.1 Contain VOC-Emitting Material: a. When t hey ar e n ot i n u se, s tore al l fr esh an d u sed n on-EPS V OCcontaining m aterial in c losed, l eak-free c ontainers t hat a re l abeled according t o Section 3 07.4. S uch ma terials i nclude b ut ar e n ot limited to cleaning solvents, inks, coatings, thinners, and their residues including residues on rags; and b. Store raw E PS b eads in c losed, l eak-free, labeled co ntainers w hen not in use. 307.2 Materials addressed in Section 307.1 of this rule may be placed in an enclosure ducted solely to an ECS that is approved by the Control Officer, instead of in closed containers. 307.3 The owner and/or operator must implement procedures to minimize spills of VO C-containing mat erials d escribed i n Section 3 07.1(a) o f t his r ule, during t heir h andling an d t ransfer t o o r fr om c ontainers, v ats, e nclosed systems, waste receptacles, and other equipment, whether the material is fresh, used, or waste. 307.4 Identification And Labeling: a. Containers u sed fo r i nitial, i ntermediate, o r fi nal s torage o f V OCcontaining mat erials ad dressed i n Section 307. 1 of t his r ule s hall be clearly labeled with their contents. b. Content-labeling done according to the requirements of federal hazardous waste (RCRA) or occupational safety (OSHA) statutes and codes meets the requirements in Section 307.4(a) of this rule. 358-8 308 EXEMPTION: 308.1 Exemption From Section 301.1 Through Section 306.3: An owner and/or operator of a facility is exempt from the requirements of Section 301.1 t hrough S ection 3 06.3 of t his r ule, if t he t otal V OC c ontent o f al l raw EPS material processed by the facility is, in each calendar year, below 50 t ons ( 100,000 l bs) an d, i n e ach calendar mo nth, b elow 1 2,000 pounds. 308.2 Burden Of Proof: A person claiming any exemption from this rule or from a provision of this rule shall provide adequate records to verify and maintain any exemption. These may include records of raw material used, laboratory analyses, technical data sheets, and/or performance test results. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 COMPLIANCE SCHEDULE: A person or owner/operator of a facility that is subject to S ections 301, 30 2, 3 03, o r 304 o f t his r ule shall c omply wi th t he fo llowing increments of progress: 401.1 By July 2 0, 2005, the o wner and/or operator shall comply wi th Section 502 through Section 502.2(c) of this rule; 401.2 By August 20, 2005, the owner and/or operator either must submit an application o r h ave b een i ssued a r evised p ermit t hat ad dresses t he installation an d o peration o f t he e quipment t o b e u sed t o ac hieve compliance wi th t his r ule; al so, c omply wi th Se ction 307. 1 t hrough Section 307.4 of this rule; 401.3 By April 20, 2006, the owner and/or operator must complete the installation o f al l e quipment r equired t o me et t he p rovisions of t his r ule and also comply with all O&M Plan requirements in Section 306 and Section 502.3 of this rule; and 401.4 By Oc tober 2 0, 2 006, the o wner an d/or o perator mu st c omply wi th t he applicable standards in Sections 301, 302, 303, 304, and 305 of this rule. SECTION 500 - MONITORING AND RECORDS 501 RECORDS: 501.1 General: Records shall be kept complete, up-to-date, and in a consistent and legible format. 501.2 Retention: Records required by this rule shall be retained for at least 5 years. 358-9 501.3 Use Of Other Records: Records that are kept by an EPS facility for other agencies or purposes may be submitted to the Control Officer to meet the record requirements of this rule, provided such records contain the necessary information according to Section 502 of this rule. 502 RECORDKEEPING SPECIFICS: 502.1 Tracking EPS Beads: Effective July 20, 2005, a person subject to this rule shall comply with the following requirements, as applicable. a. Lot ID And VOC Content: Prior to expanding any part of a beadlot, an owner and/or operator shall obtain and retain an original or copy of the VOC-content, as defined in Section 216 of this rule, for each separate lot-number/identifier of beads received. b. Total Expanded By Lot And Date: Each day that raw EPS material is expanded in a facility’s expander, an owner and/or operator shall record the amount of each bead-lot expanded and its corresponding lot number/identifier. c. Block-Makers: Each day t hat blocks are m ade, record the approximate weight of each newly molded block, measured to the nearest 2 pounds. d. Specialty Products Subject To Section 301.2(a): An EPS-block facility owner and/or operator making specialty products under Section 301.2(a) of this rule shall: (1) Maintain a log indicating when the facility is operating under the specialty-products alternative operating scenario; and (2) Each month calculate the percent of total EPS raw material used d uring the c urrent calendar year t hat s pecialty products, made under Section 301.2(a) of this rule, constitute; enter the calculations and results in the log. 502.2 Lists Of Non-EPS VOC-Containing Materials: Non-EPS materials may include, but are not limited to, the following categories: inks, coatings, adhesives, r educers, t hinners, s olvents, c leaning mat erials, ad ditives, spray-cans, sprayed lubricants, and any other VOC-containing materials that are not EPS. a. An o wner an d/or o perator s hall mai ntain a c urrent l ist o f n on-EPS materials, c ontaining V OC, u sed a t t he fac ility. A c omplete an d ordered assemblage of the required data meets the requirements for a list. 358-10 b. c. An owner and/or operator shall express VOC content of non-EPS material in one of the following three forms: (1) Pounds VOC per gallon (or grams VOC per liter), or (2) Fractional pounds of VOC per lb. material (or grams per kilogram), or (3) The percent VOC by weight along with the specific gravity or density (two numbers are required for each entry). By the end of the following month, an owner and/or operator shall record the a mount an d t ype of e ach n on-EPS m aterial, containing VOC that was used during each month. 502.3 Records Of ECS Operation And Monitoring: On a d aily b asis, t he owner and/or operator of a facility that operates an ECS to comply with this rule shall record key system operating parameters such as temperature, flow rate, pressure, and/or VOC-concentration, etc. 503 TEST PROCEDURES: An owner and/or operator of an EPS facility will be in violation of this rule if the VOC emissions, measured by any of the referenced test methods specified in this Section 503 of this rule and listed in Section 504 of this rule, do not comply with the applicable standards included by Section 301 through Section 305 of this rule. 503.1 Each year between June 1 and August 31, an owner and/or operator shall conduct an an nual p erformance t est o n e ach E CS u sed to me et a standard in this Rule 358, using the test methods designated by Section 503.2 through Section 503.7 of this rule and incorporated by reference in Section 504 of this rule. 503.2 An owner and/or operator shall perform the measurement of airflow and gas flow into and out of the ECS by performing EPA Method 2, referenced in Section 504.1 of this rule. 503.3 An owner and/or operator shall determine the concentration of methane and ethane emissions by performing EPA Method 18, referenced in Section 504.2 of this rule or Method 25 (and its submethods) referenced in Section 504.3 of this rule. 503.4 An owner and/or operator shall determine the control efficiency of the VOC control device (abatement subsystem) of an ECS by performing EPA Method 25 (and its submethods), referenced in Section 504.3 of this rule. 503.5 An owner and/or operator shall determine the efficiency of a capture system according to both EPA Method 204 (and its submethods) 358-11 referenced in Section 504.4 of this rule and the EPA guidance document referenced in Section 504.7 of this rule. 503.6 An o wner an d/or o perator s hall d etermine t he c oncentration o f t otal volatile organic carbon content in polymeric materials by performing Bay Area Quality Management District (BAAQMD) Method 45 as referenced in Section 504. 5 of t his rule or b y performing So uth Coast A ir Q uality Management District (SCAQMD) Method 306-91, 1993 revision, as referenced in Section 504.6 of this rule. 503.7 Determination Of ECS Effectiveness: ECS e ffectiveness s hall be determined from the results of a testing protocol based on mass balance, calculated according to the following formulas: Where: VOCI is the VOC input in the form of the VOC content of a weighed mass of raw beads. VOCP is the VOC content of the products made from the weighed raw beads. VOCECS is the VOC measured in the air entering the ECS. VOCSt is the VOC remaining in the gas stream(s) emerging from the ECS during production. 503.8 Determination Of Product Density: The ASTM Method C303-02 referenced in S ection 5 04.8 of this r ule shall b e u sed to d etermine the density of EPS foam blocks and block-derivatives. 358-12 503.9 Conforming Testing To Desired Production Characteristics: The owner an d/or o perator o f an E PS fac ility mu st, t hrough p erformance testing, demonstrate compliance with each alternative operating scenario chosen. 504 TEST METHODS ADOPTED BY REFERENCE: Th e E PA test m ethods as th ey exist in the Code of Federal Regulations (C.F.R.) on July 1, 2004, are adopted by reference. These adoptions by reference include no future editions or amendments. Copies of test methods referenced in this Section are available at the M aricopa Co unty E nvironmental Se rvices D epartment, 1001 N orth Ce ntral Avenue, Phoenix, AZ, 85004-1942. The other test methods from Bay Area Air Quality Management District and South Coast Air Quality Management District listed herein are also adopted by reference, each having paired with it a specific date that identifies the particular version/revision of the method that is adopted by reference. 504.1 EPA R eference M ethod 2 ( “Determination O f Stack G as Velocity And Volumetric Flow Rate”), 2a (“Direct Measurement Of Gas Volume Through Pipes And Small D ucts”), 2c (“Determination Of Stack G as Velocity And Volumetric Flow Rate In Small Stacks Or Ducts”), and 2d (“Measurement Of Gas Volumetric Flow Rates In Small Pipes And Ducts”), (40 C.F.R. 60, Appendix A). 504.2 EPA Reference Method 18 ("Measurement Of Gaseous Organic Compound Emissions By Gas Chromatography"), (40 C.F.R. 60, Appendix A). 504.3 EPA Reference Method 25 ("Determination Of Total Gaseous Nonmethane Organic Emissions As Carbon"), (40 C.F.R. 60, Appendix A). 504.4 EPA Reference Method 204 ("Criteria for Determining Capture Efficiency"), 2 04A, 204B, 2 04C, 204D ("Volatile Organic Compounds Emissions In Uncaptured Stream From Temporary Total Enclosure"), 204E ("Volatile Organic Compounds Emissions In Un-Captured Stream From Building Enclosure"), and 204 F (“Volatile Organic Compounds Content In Liquid Input Stream {Distillation Approach}") (40 C.F.R. 51, Appendix M). 504.5 BAAQMD M ethod 4 5 ( "Determination O f B utanes A nd P entanes I n Polymeric Materials"), (BAAQMD Manual Of Procedures, Volume III, January 19, 2000). 504.6 SCAQMD Method 306-91, February 1993 revision (“Analysis Of Pentanes In Expandable Styrene Polymers”), Applied Science & Technology Division – Laboratory Services Branch. 504.7 EPA Guidance Document, Efficiency”, January 9, 1995. 358-13 “Guidelines For Determining Capture 504.8 American Society Of Testing Materials, ASTM Method C303-02 (Standard Test Me thod For Dimensions A nd Dens ity Of Preformed B lock A nd B roadType Thermal Insulation), 2002. 358-14 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 360 NEW SOURCE PERFORMANCE STANDARDS INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 AVAILABILITY OF INFORMATION 104 FEDERAL DELEGATION AUTHORITY SECTION 200 – DEFINITIONS 201 ADMINISTRATOR 202 AFFECTED FACILITY 203 COMMENCED 204 CONSTRUCTION 205 MODIFICATION 206 OWNER OR OPERATOR 207 STANDARD 208 STATIONARY SOURCE SECTION 300 – STANDARDS 301 ADOPTED FEDERAL STANDARDS 302 ADDITIONAL REQUIREMENTS SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 360-1 BLANK PAGE 360-2 Revised 07/13/88 Revised 04/06/92 Revised 11/20/96 Revised 05/14/97 Revised 08/19/98 Revised 04/07/99 Revised 03/01/00 Revised 03/07/01 Revised 11/19/03 Revised 03/15/06 Revised 12/17/08 Revised 09/16/09 Revised 07/07/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 360 NEW SOURCE PERFORMANCE STANDARDS SECTION 100 – GENERAL 101 PURPOSE: To establish acceptable design and performance criteria for specified new or modified emission sources. 102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any stationary source which contains an affected facility on which the construction, reconstruction, or a modification is commenced after the date of publication of any standard applicable to such facility in 40 CFR 60 and for which federal delegation of the implementation and enforcement of the standards to the Maricopa County Air Quality Department (department) has been accomplished. Any such stationary source must also comply with other Maricopa County Air Pollution Control Regulations. 103 AVAILABILITY OF INFORMATION: Copies of all 40 CFR, Part 60 revisions currently enforced by the department are available at 1001 N. Central Ave., Phoenix, AZ, 85004, or by calling (602) 506-0169 for information. 104 FEDERAL DELEGATION AUTHORITY: The department shall enforce the federal new source performance standards (NSPS) (40 CFR Part 60) listed in Section 300 of this rule which have been delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The department may, in addition, enforce such other NSPS as delegated for such enforcement by the EPA to the County. 360-3 SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 ADMINISTRATOR – As used in Part 60, Title 40, Code of Federal Regulations, shall mean the Control Officer, except that the Control Officer shall not be empowered to approve alternate or equivalent test methods or alternative standards/work practices, or other nondelegable authorities such as those listed in 40 CFR 60.4(d), except as specifically provided in each subpart. 202 AFFECTED FACILITY – With reference to a stationary source, any apparatus to which a standard is applicable. 203 COMMENCED – With respect to the definition of "new source" in Section 111(a)(2) of the Act, that an owner or operator has undertaken a continuous program of construction, reconstruction, or modification or that an owner or operator has entered into a contracted obligation to undertake and complete, within a reasonable time, a continuous program of construction, reconstruction or modification. 204 CONSTRUCTION – The fabrication, erection, or installation of an affected facility. 205 MODIFICATION – Any physical change in, or change in the method of operation of, an existing facility which increases the amount of any contaminant (to which a standard applies) emitted into the atmosphere by that facility or which results in the emission of any air contaminant (to which a standard applies) into the atmosphere not previously emitted. 206 OWNER 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. 207 STANDARD – A standard of performance promulgated under this rule. 208 STATIONARY SOURCE – Any building, structure, facility, or installation which emits or may emit any air pollutant. SECTION 300 – STANDARDS 301 ADOPTED FEDERAL STANDARDS: The federal standards of performance for those subparts of 40 CFR 60 adopted as of July 1, 2009, as listed below, and all accompanying appendices are adopted and incorporated by reference, and no future editions or amendments, in the Maricopa County Air Pollution Control Regulations as indicated. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 360-4 301.1 SUBPART A – General Provisions; exclude any sections dealing with equivalency determinations or innovative technology waivers, as covered in Sections 111(h)(3) and 111(j) respectively of the Clean Air Act. 301.2 SUBPART D – Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction Is Commenced After August 17, 1971. 301.3 SUBPART Da – Standards of Performance for Electric Utility Steam Generating Units for Which Construction Is Commenced After September 18, 1978. 301.4 SUBPART Db – Standards of Performance for Industrial-CommercialInstitutional Steam Generating Units. 301.5 SUBPART Dc – Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units. 301.6 SUBPART E – Standards of Performance for Incinerators. 301.7 SUBPART Ea – Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994. 301.8 SUBPART Eb – Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996. 301.9 SUBPART Ec – Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996. 301.10 SUBPART F – Standards of Performance for Portland Cement Plants. 301.11 SUBPART G – Standards of Performance for Nitric Acid Plants. 301.12 SUBPART H – Standards of Performance for Sulfuric Acid Plants. 301.13 SUBPART I – Standards of Performance for Hot Mix Asphalt Facilities. 301.14 SUBPART J – Standards of Performance for Petroleum Refineries. 301.15 SUBPART Ja -Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007. 360-5 301.16 SUBPART K – Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. 301.17 SUBPART Ka – Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984. 301.18 SUBPART Kb – Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984. 301.19 SUBPART L – Standards of Performance for Secondary Lead Smelters. 301.20 SUBPART M – Standards of Performance for Secondary Brass and Bronze Production Plants. 301.21 SUBPART N – Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction Commenced After June 11, 1973. 301.22 SUBPART Na – Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction Commenced After January 20, 1983. 301.23 SUBPART O – Standards of Performance for Sewage Treatment Plants. 301.24 SUBPART P – Standards of Performance for Primary Copper Smelters. 301.25 SUBPART Q – Standards of Performance for Primary Zinc Smelters. 301.26 SUBPART R – Standards of Performance for Primary Lead Smelters. 301.27 SUBPART S – Standards of Performance for Primary Aluminum Reduction Plants. 301.28 SUBPART T – Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. 301.29 SUBPART U – Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants. 301.30 SUBPART V – Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants. 360-6 301.31 SUBPART W – Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants. 301.32 SUBPART X – Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities. 301.33 SUBPART Y – Standards of Performance for Coal Preparation Plants. 301.34 SUBPART Z – Standards of Performance for Ferroalloy Production Facilities. 301.35 SUBPART AA – Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983. 301.36 SUBPART AAa – Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983. 301.37 SUBPART BB – Standards of Performance for Kraft Pulp Mills. 301.38 SUBPART CC – Standards of Performance for Glass Manufacturing Plants. 301.39 SUBPART DD – Standards of Performance for Grain Elevators. 301.40 SUBPART EE – Standards of Performance for Surface Coating of Metal Furniture. 301.41 SUBPART GG – Standards of Performance for Stationary Gas Turbines. 301.42 SUBPART HH – Standards of Performance for Lime Manufacturing Plants. 301.43 SUBPART KK – Standards of Performance for Lead-Acid Battery Manufacturing Plants. 301.44 SUBPART LL – Standards of Performance for Metallic Mineral Processing Plants. 301.45 SUBPART MM – Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations. 301.46 SUBPART NN – Standards of Performance for Phosphate Rock Plants. 301.47 SUBPART PP – Standards of Performance for Ammonium Sulfate Manufacture. 360-7 301.48 SUBPART QQ – Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing. 301.49 SUBPART RR – Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations. 301.50 SUBPART SS – Standards of Performance for Industrial Surface Coating: Large Appliances. 301.51 SUBPART TT – Standards of Performance for Metal Coil Surface Coating. 301.52 SUBPART UU – Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture. 301.53 SUBPART VV – Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced after January 5, 1981, and on or Before November 7, 2006. SUBPART VVa – Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced after November 7, 2006. 301.54 301.55 SUBPART WW – Standards of Performance for the Beverage Can Surface Coating Industry. 301.56 SUBPART XX – Standards of Performance for Bulk Gasoline Terminals. 301.57 SUBPART AAA – Standards of Performance for New Residential Wood Heaters. 301.58 SUBPART BBB – Standards of Performance for the Rubber Tire Manufacturing Industry. 301.59 SUBPART DDD – Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. 301.60 SUBPART FFF – Standards of Performance for Flexible Vinyl and Urethane Coating and Printing. 301.61 SUBPART GGG – Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006. 360-8 301.62 SUBPART GGGa – Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After November 7, 2006. 301.63 SUBPART HHH – Standards of Performance for Synthetic Fiber Production Facilities. 301.64 SUBPART III – Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes. 301.65 SUBPART JJJ – Standards of Performance for Petroleum Dry Cleaners. 301.66 SUBPART KKK – Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants. 301.67 SUBPART LLL – Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions. 301.68 SUBPART NNN – Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations. 301.69 SUBPART OOO – Standards of Performance for Nonmetallic Mineral Processing Plants. 301.70 SUBPART PPP – Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants. 301.71 SUBPART QQQ – Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems. 301.72 SUBPART RRR – Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes. 301.73 SUBPART SSS – Standards of Performance for Magnetic Tape Coating Facilities. 301.74 SUBPART TTT – Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines. 301.75 SUBPART UUU – Standards of Performance for Calciners and Dryers In Mineral Industries. 360-9 301.76 SUBPART VVV – Standards of Performance for Polymeric Coating of Supporting Substrates Facilities. 301.77 SUBPART WWW – Standards of Performance for Municipal Solid Waste Landfills. 301.78 SUBPART AAAA – Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced after August 30, 1999 or for Which Modification or Reconstruction Is Commenced after June 6, 2001. 301.79 SUBPART CCCC – Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced after November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or after June 1, 2001. 301.80 SUBPART EEEE – Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006. 301.81 SUBPART FFFF – Emission Guidelines and Compliance Times for Other Solid Waste Incinerator Units That Commenced Construction On or Before December 9, 2004. 301.82 SUBPART IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. 301.83 SUBPART JJJJ – Standards of Performance for Stationary Spark Ignition Internal Combustion Engines. 301.84 SUBPART KKKK – Standards of Performance for Stationary Combustion Turbines. 302 ADDITIONAL REQUIREMENTS: From the general standards identified in Section 301 of this rule, delete 40 CFR 60.4, 60.5, and 60.6. All requests, reports, applications, submittals, and other communications to the Control Officer pursuant to this rule shall be submitted to the Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ, 85004. SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 360-10 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 AVAILABILITY OF INFORMATION 104 FEDERAL DELEGATION AUTHORITY SECTION 200 – DEFINITIONS 201 ADMINISTRATOR 202 AMENDED WATER 203 EXISTING SOURCE 204 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT 205 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD 206 HAZARDOUS AIR POLLUTANT 207 MAJOR SOURCE 208 MODIFICATION 209 NESHAP 210 NEW SOURCE 211 STATIONARY SOURCE SECTION 300 – STANDARDS 301 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS 302 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 303 ADDITIONAL REQUIREMENTS SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j) 370-1 402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 370-2 Revised 07/13/88 Revised 04/06/92 Repealed and Adopted 11/15/93 Revised 11/20/96 Revised 05/14/97 Revised 05/20/98 Revised 08/19/98 Revised 03/01/00 Revised 03/07/01 Revised 11/19/03 Revised 03/15/06 Revised 12/17/08 Revised 09/16/09 Revised 07/07/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 370 FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM SECTION 100 – GENERAL 101 PURPOSE: To establish emission standards for federally listed hazardous air pollutants. 102 APPLICABILITY: The provisions of this rule apply to the owner or operator of any stationary source for which a standard is prescribed under this rule, and for which federal delegation of the implementation and enforcement of the standards to the Maricopa County Air Quality Department (department) has been accomplished. Any such stationary source must also comply with other Maricopa County Air Pollution Control Regulations. 103 AVAILABILITY OF INFORMATION: Copies of all 40 CFR, Part 61 and Part 63 revisions currently enforced by the department are available at 1001 N. Central Ave., Phoenix, AZ, 85004, or by calling (602) 506-0169 for information. 104 FEDERAL DELEGATION AUTHORITY: The department shall enforce the national emission standards for hazardous air (NESHAPs) (40 CFR 61 and 40 CFR 63) listed in Section 300 of this rule which have been delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The department in addition, may enforce such other NESHAPs as delegated for such enforcement by the EPA to the County. 370-3 SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 ADMINISTRATOR – As used in Parts 61 and 63, Title 40, Code of Federal Regulations, shall mean the Control Officer, except that the Control Officer shall not be empowered to approve alternate or equivalent test methods, alternative standards/work practices, or other nondelegable authorities, except as specifically provided in each subpart. 202 AMENDED WATER – Water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate asbestos containing material (ACM). 203 EXISTING SOURCE – Any stationary source other than a new source. 204 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT – Any air pollutant listed pursuant to Section 112(b) of the Act. 205 GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD – Includes, but is not limited to, a valid driver's license, a valid nonoperating identification license, a valid tribal enrollment card or tribal identification card, or other valid government issued photo identification that includes the name, address, and photograph of the card holder. 206 HAZARDOUS AIR POLLUTANT – Any air pollutant regulated under Section 112 of the Act, any air pollutant subject to NESHAP, or any air pollutant designated by the Director as a hazardous air pollutant pursuant to ARS § 49-426.04. 207 MAJOR SOURCE – A stationary source or group of stationary sources located within a contiguous area, and under common control, and that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any federally listed hazardous air pollutant or 25 tons per year or more of any combination of federally listed hazardous air pollutants. A lesser quantity or, in the case of radionuclides, a different criteria may be established by the Administrator pursuant to Section 112 of the Act and may be adopted by the Board of Supervisors by rule. 208 MODIFICATION – Any physical change in, or change in the method of operation of a major source which increases the actual emissions of any federally listed hazardous air pollutant emitted by such source by more than a de minimis amount, or which results in the emission of any federally listed hazardous air pollutant, not previously emitted by more than a de minimis amount. 209 NESHAP – National emission standards for hazardous air pollutants pursuant to 40 CFR Part 61 and Part 63. 370-4 210 NEW SOURCE – A stationary source, the construction or reconstruction of which commences after the Administrator first proposes regulations under Section 112 of the Act establishing an emission standard applicable to such source. 211 STATIONARY SOURCE – Any building, structure, facility, or installation which emits or may emit any air pollutant. SECTION 300 – STANDARDS 301 STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: The federally listed hazardous air pollutants as listed in Table 370.1 of this rule and NESHAPs adopted as of July 1, 2009, as listed below and as which can be found at 40 CFR 61 and all accompanying appendices, are incorporated by reference with the listed exclusions and additions and shall be applied by the Control Officer. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set forth herein. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 301.1 SUBPART A – General Provisions; exclude any sections dealing with equivalency determinations that are nontransferable through Section 112(e)(3) of the Act. 301.2 SUBPART C – National Emission Standard for Beryllium. 301.3 SUBPART D – National Emission Standard for Beryllium Rocket Motor Firing. 301.4 SUBPART E – National Emission Standard for Mercury. 301.5 SUBPART F – National Emission Standard for Vinyl Chloride. 301.6 SUBPART J – National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene. 301.7 SUBPART L – National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants. 301.8 SUBPART M – National Emission Standard for Asbestos. a. Each owner or operator of a demolition activity or renovation activity involving a facility as defined in 40 CFR 61, Subpart M shall: (1) Fully comply with all requirements of 40 CFR 61, Subpart M. (2) Thoroughly inspect the facility within 12 months of commencement of demolition or renovation activity for the presence of asbestos, including 370-5 Category I and Category II nonfriable ACM. Include the date of this inspection on the written notification. (3) Provide the Control Officer with written notification of intention to demolish or to renovate in the manner described in 40 CFR 61.145. (4) Update all notifications in accordance with 40 CFR 61.145(b). For renovations described in 40 CFR 61.145(a)(4)(iii), notifications shall expire every December 31, with new notices required at least 10 working days before the end of the calendar year preceding the year for which notice is being given. All other notifications shall expire one year from either the original postmark date, commercial delivery date or date of hand delivery to the Control Officer. For a demolition activity or renovation activity that continues beyond the expiration date, the owner or operator of the demolition or renovation activity shall notify the Control Officer in accordance with 40 CFR 61.145(b) at least 10 working days prior to the expiration of the original notice and pay all applicable fees prescribed by Rule 280 of these rules. (5) Pay all applicable fees prescribed by Rule 280 of these rules. b. In addition, each owner or operator of a demolition activity or renovation activity shall comply with the following requirements: (1) Certification, training, and record keeping requirements: (a) All facilities scheduled for demolition or renovation shall be inspected by a currently certified Asbestos Hazard Emergency Response Act (AHERA) accredited asbestos building inspector (herein referenced as inspector), as required by either AHERA or the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). (b) Each owner and operator of a facility shall maintain a copy of any reports of inspections made for a facility for two years from completion of project, including laboratory test results of samples collected. A copy of the inspection reports and laboratory test results shall be on-site and available for inspection at the facility, upon request of the Department, during all demolition and renovation (asbestos setup, removal, handling, collecting, containerizing, cleanup and dismantling) activities. (c) All asbestos workers shall maintain current AHERA worker certification. All asbestos contractor/supervisors shall maintain current AHERA/ASHARA contractor/supervisor certification and shall be onsite at all times during any active asbestos abatement work at or above NESHAP threshold amounts. A legible copy of all asbestos workers and contractor/supervisor's current training certificates from an EPA accredited training provider shall be available for inspection at all times at the demolition or renovation site. (d) All asbestos workers and contractor/supervisors shall have color photo identification on-site and available for inspection, upon request of the 370-6 Department, at all times during asbestos setup, removal, handling, collecting, containerizing, cleanup and dismantling. The color photo identification shall be from an EPA accredited training provider verifying the certification requirements in section (b)(1)(c), or a current government-issued photo identification card. (2) Asbestos renovation and demolition standards: (a) A facility owner or operator shall not create visible dust emissions when removing or transporting to the disposal site Category I nonfriable asbestos containing material (ACM) and Category II nonfriable ACM that remain nonfriable Category I ACM and nonfriable Category II ACM. (b) Inspection viewing devices at facilities are required at all asbestos renovation projects where regulated asbestos containing material (RACM) is being abated, except for roofing projects involving Category I nonfriable ACM and Category II nonfriable ACM exclusively. Viewing devices shall be so designed as to allow an inspector to view the facility from the outside, either through ports or by video monitoring. (c) All exposed RACM subject to cutting or dismantling operations and all RACM being removed from a facility or a facility component shall be kept adequately wet by using amended water to control the release of asbestos fibers. The use of amended water will not be required in the case of an ordered demolition, as defined in 40 CFR 61.145(a)(3), where the debris is suspected to contain or is known to contain ACM , however ordered demolitions are subject to 40 CFR 61.145(c)(9). Specific exemptions are listed under 40 CFR 61.145(c)(3)(i)(A), 40 CFR 61.145(c)(3)(ii) and/or 40 CFR 61.145(c)(7)(i). To claim these exemptions, the owner or operator shall follow the requirements of 40 CFR 61.145(c)(3)(i)(B), 40 CFR 61.145(c)(3)(iii) and/or 61.145(c)(7)(ii) and (iii). (d) All RACM shall be contained in transparent, leak-tight wrapping and shall remain adequately wet to prevent dust emissions during removal, transport, storage, and proper landfill disposal following local, county, state, and federal regulations. Affix a visible and legible label to each individual wrapping with the name of the site owner or operator and the name and address of the location that generated the RACM. 301.9 SUBPART N – National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants. 301.10 SUBPART O – National Emission Standard for Inorganic Arsenic Emissions from Primary Copper Smelters. 370-7 302 301.11 SUBPART P – National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities. 301.12 SUBPART V – National Emission Standard for Equipment Leaks (Fugitive Emission Sources). 301.13 SUBPART Y – National Emission Standard for Benzene Emissions from Benzene Storage Vessels. 301.14 SUBPART BB – National Emission Standard for Benzene Emissions from Benzene Transfer Operations. 301.15 SUBPART FF – National Emission Standard for Benzene Waste Operations. STANDARDS OF PERFORMANCE FOR FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES: The federally listed hazardous air pollutants as listed in Table 370.1 of this rule and NESHAPs adopted as of July 1, 2009, as listed below and as which can be found at 40 CFR 63, and all accompanying appendices, are incorporated by reference, as applicable requirements, with the listed exclusions and additions and shall be applied by the Control Officer. This incorporation by reference includes no future editions or amendments. Each owner or operator subject to the requirements of the following subparts shall comply with the requirements of those subparts and the additional requirements set forth. Incorporation by reference does not include nondelegable functions of the EPA Administrator. 302.1 SUBPART A – General Provisions. 302.2 SUBPART B – Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j). 302.3 SUBPART C – List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List. 302.4 SUBPART D – Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants. 302.5 SUBPART F – National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. 302.6 SUBPART G – National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. 302.7 SUBPART H – National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. 370-8 302.8 SUBPART I – National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. 302.9 SUBPART J – National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production. 302.10 SUBPART L – National Emission Standards for Coke Oven Batteries. 302.11 SUBPART M – National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. 302.12 SUBPART N – National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. 302.13 SUBPART O – Ethylene Oxide Emissions Standards for Sterilization Facilities. 302.14 SUBPART Q – National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers. 302.15 SUBPART R – National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). 302.16 SUBPART S – National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. 302.17 SUBPART T – National Emission Standards for Halogenated Solvent Cleaning. 302.18 SUBPART U – National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins. 302.19 SUBPART W – National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production. 302.20 SUBPART X – National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting. 302.21 SUBPART AA – National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants. 302.22 SUBPART BB – National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants. 370-9 302.23 SUBPART CC – National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries. 302.24 SUBPART DD – National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. 302.25 SUBPART EE – National Emission Standards for Magnetic Tape Manufacturing Operations. 302.26 SUBPART GG – National Emission Standards for Aerospace Manufacturing and Rework Facilities. 302.27 SUBPART HH – National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities. 302.28 SUBPART JJ – National Emission Standards for Wood Furniture Manufacturing Operations. 302.29 SUBPART KK – National Emission Standards for the Printing and Publishing Industry. 302.30 SUBPART MM – National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. 302.31 SUBPART OO – National Emission Standards for Tanks – Level 1. 302.32 SUBPART PP – National Emission Standards for Containers. 302.33 SUBPART QQ – National Emission Standards for Surface Impoundments. 302.34 SUBPART RR – National Emission Standards for Individual Drain Systems. 302.35 SUBPART SS – National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process. 302.36 SUBPART TT – National Emission Standards for Equipment Leaks – Control Level 1. 302.37 SUBPART UU – National Emission Standards for Equipment Leaks – Control Level 2 Standards. 302.38 SUBPART VV – National Emission Standards for Oil-Water Separators and Organic-Water Separators. 370-10 302.39 SUBPART WW – National Emission Standards for Storage Vessels (Tanks) – Control Level 2. 302.40 SUBPART XX – National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations. 302.41 SUBPART YY – National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards. 302.42 SUBPART CCC – National Emission Standards for Hazardous Air Pollutants for Steel Pickling – HCl Process Facilities and Hydrochloric Acid Regeneration Plants. 302.43 SUBPART DDD – National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production. 302.44 SUBPART EEE – National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. 302.45 SUBPART GGG – National Emission Standards for Pharmaceuticals Production. 302.46 SUBPART HHH – National Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities. 302.47 SUBPART III – National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production. 302.48 SUBPART JJJ – National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins. 302.49 SUBPART LLL – National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry. 302.50 SUBPART MMM – National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production. 302.51 SUBPART NNN – National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing. 302.52 SUBPART OOO – National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins. 370-11 302.53 SUBPART PPP – National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production. 302.54 SUBPART QQQ – National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting. 302.55 SUBPART RRR – National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production. 302.56 SUBPART TTT – National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting. 302.57 SUBPART UUU – National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units. 302.58 SUBPART VVV – National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works. 302.59 SUBPART XXX – National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese. 302.60 SUBPART AAAA – National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills. 302.61 SUBPART CCCC – National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast. 302.62 SUBPART DDDD – National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. 302.63 SUBPART EEEE – National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline). 302.64 SUBPART FFFF – National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing. 302.65 SUBPART GGGG – National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production. 302.66 SUBPART HHHH – National Emission Standards for Hazardous Air Pollutants for Wet-formed Fiberglass Mat Production. 302.67 SUBPART IIII – National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks. 370-12 302.68 SUBPART JJJJ – National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating. 302.69 SUBPART KKKK – National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans. 306.70 SUBPART MMMM – National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products. 302.71 SUBPART NNNN – National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances. 302.72 SUBPART OOOO – National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles. 302.73 SUBPART PPPP – National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products. 302.74 SUBPART QQQQ – National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products. 302.75 SUBPART RRRR – National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture. 302.76 SUBPART SSSS – National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil. 302.77 SUBPART TTTT – National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations. 302.78 SUBPART UUUU – National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing. 302.79 SUBPART VVVV – National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing. 302.80 SUBPART WWWW – National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production. 302.81 SUBPART XXXX – National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing. 302.82 SUBPART YYYY – National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines. 370-13 302.83 SUBPART ZZZZ – National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. 302.84 SUBPART AAAAA – National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants. 302.85 SUBPART BBBBB – National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing. 302.86 SUBPART CCCCC – National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. 302.87 SUBPART DDDDD – National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters. 302.88 SUBPART EEEEE – National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries. 302.89 SUBPART FFFFF – National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities. 302.90 SUBPART GGGGG – National Emission Standards for Hazardous Air Pollutants: Site Remediation. 302.91 SUBPART HHHHH – National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing. 306.92 SUBPART IIIII – National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants. 302.93 SUBPART JJJJJ – National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing. 302.94 SUBPART KKKKK – National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing. 302.95 SUBPART LLLLL – National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing. 302.96 SUBPART MMMMM – National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations. 302.97 SUBPART NNNNN – National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production. 370-14 302.98 SUBPART PPPPP – National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands. 302.99 SUBPART QQQQQ – National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities. 302.100 SUBPART RRRRR – National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing. 302.101 SUBPART SSSSS – National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing. 302.102 SUBPART TTTTT – National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining. 302.103 Subpart WWWWW – National Emission Standards for Hospital Ethylene Oxide Sterilizers. 302.104 Subpart YYYYY – National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities. 302.105 Subpart ZZZZZ – National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources. 302.106 Subpart BBBBBB – National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities. Subpart CCCCCC – National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities. 302.107 302.108 Subpart DDDDDD – National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources. 302.109 Subpart EEEEEE – National Emission Standards for Hazardous Air Pollutants: Primary Copper Smelting Area Sources. 302.110 Subpart FFFFFF – National Emission Standards for Hazardous Air Pollutants: Secondary Copper Smelting Area Sources. 302.111 Subpart GGGGGG – National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources--Zinc, Cadmium, and Beryllium. 302.112 Subpart HHHHHH – National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources. 370-15 303 302.113 Subpart LLLLLL – National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources. 302.114 Subpart MMMMMM – National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources. 302.115 Subpart NNNNNN – National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds. 302.116 Subpart OOOOOO – National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources. 302.117 Subpart PPPPPP – National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area. 302.118 Subpart QQQQQQ – National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources. 302.119 Subpart RRRRRR – National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources. 302.120 Subpart SSSSSS – National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources. 302.121 Subpart TTTTTT – National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources. 302.122 Subpart WWWWWW – National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations. 302.123 Subpart XXXXXX – National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories. 302.124 Subpart YYYYYY – National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities. 302.125 Subpart ZZZZZZ – National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries. ADDITIONAL REQUIREMENTS: 370-16 303.1 From the general standards identified in Section 301 of this rule, delete 40 CFR 61.04. All requests, reports, applications, submittals, and other communications to the Control Officer pursuant to this rule shall be submitted to the Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ, 85004. 303.2 Where the Act has established provisions, including specific schedules, for the regulation of source categories pursuant to Sections 112(e)(5) and 112(n) of the Act, the Control Officer may enforce those provisions. 303.3 For any category or subcategory of sources licensed by the U.S. Nuclear Regulatory Commission, the Board of Supervisors shall not adopt and the Control Officer shall not enforce any standard or limitation respecting emissions of radionuclides which is more stringent than the standard or limitation adopted by the Administrator pursuant to Section 112 of the Act. 303.4 If the Administrator finds by rule that regulation is not appropriate or necessary or that alternative control strategies should be applied, the Control Officer shall administer and enforce this rule based on the Administrator's findings. SECTION 400 – ADMINISTRATIVE REQUIREMENTS 401 CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS, SECTIONS 112(g) AND 112(j): 40 CFR 63.40 through 40 CFR 63.44 and 40 CFR 63.50 through 40 CFR 63.56 are adopted by reference. 402 COMPLIANCE EXTENSIONS FOR EARLY REDUCTION OF FEDERALLY LISTED HAZARDOUS AIR POLLUTANTS: 40 CFR 63.70 through 40 CFR 63.81 and Table 370.1 are adopted by reference. SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) TABLE 370.1, FEDERAL LIST OF HAZARDOUS AIR POLLUTANTS A. All of the following are federally listed hazardous air pollutants: CAS No. 75-07-0 60-35-5 75-05-8 98-86-2 53-96-3 107-02-8 79-06-1 79-10-7 107-13-1 Chemical Name Acetaldehyde Acetamide Acetonitrile Acetophenone 2-Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile CAS No. 107-05-1 92-67-1 62-53-3 90-04-0 1332-21-4 71-43-2 92-87-5 98-07-7 370-17 Chemical Name Allyl chloride 4-Aminobiphenyl Aniline o-Anisidine Asbestos Benzene (including benzene from gasoline) Benzidine Benzotrichloride CAS No. 100-44-7 92-52-4 117-81-7 542-88-1 75-25-2 106-99-0 156-62-7 133-06-2 63-25-2 75-15-0 56-23-5 463-58-1 120-80-9 133-90-4 57-74-9 7782-50-5 79-11-8 532-27-4 108-90-7 510-15-6 67-66-3 107-30-2 126-99-8 1319-77-3 95-48-7 108-39-4 106-44-5 98-82-8 94-75-7 3547-04-4 334-88-3 132-64-9 96-12-8 84-74-2 106-46-7 91-94-1 111-44-4 542-75-6 62-73-7 111-42-2 121-69-7 64-67-5 Chemical Name Benzyl chloride Biphenyl Bis(2-ethylhexyl)phthalate (DEHP) Bis(chloromethyl)ether Bromoform 1,3-Butadiene Calcium cyanamide Captan Carbaryl Carbon disulfide Carbon tetrachloride Carbonyl sulfide Catechol Chloramben Chlordane Chlorine Chloroacetic acid 2-Chloroacetophenone Chlorobenzene Chlorobenzilate Chloroform Chloromethyl methyl ether Chloroprene Cresols/Cresylic acid (isomers and mixture) o-Cresol m-Cresol p-Cresol Cumene 2,4-D, salts and esters DDE Diazomethane Dibenzofurans 1,2-Dibromo-3-chloropropane Dibutylphthalate 1,4-Dichlorobenzene(p) 3,3’-Dichlorobenzidene Dichloroethyl ether (Bis(2-chloroethyl)ether) 1,3-Dichloropropene Dichlorvos Diethanolamine N,N-Diethyl aniline (N,N-Dimethylaniline) Diethyl sulfate CAS No. 119-90-4 60-11-7 119-93-7 79-44-7 68-12-2 57-14-7 131-11-3 77-78-1 534-52-1 51-28-5 121-14-2 123-91-1 122-66-7 106-89-8 106-88-7 140-88-5 100-41-4 51-79-6 75-00-3 106-93-4 107-06-2 107-21-1 151-56-4 75-21-8 96-45-7 75-34-3 50-00-0 76-44-8 118-74-1 87-68-3 77-47-4 67-72-1 822-06-0 680-31-9 110-54-3 302-01-2 7647-01-0 7664-39-3 123-31-9 78-59-1 370-18 Chemical Name 3,3-Dimethoxybenzidine Dimethyl aminoazobenzene 3,3-Dimethyl benzidine Dimethyl carbamoyl chloride Dimethyl formamide 1,1-Dimethyl hydrazine Dimethyl phthalate Dimethyl sulfate 4,6-Dinitro-o-cresol, and salts 2,4-Dinitrophenol 2,4-Dinitrotoluene 1,4-Dioxane (1,4-Diethyleneoxide) 1,2-Diphenylhydrazine Epichlorohydrin (1-Chloro-2,3-epoxypropane) 1,2-Epoxybutane Ethyl acrylate Ethyl benzene Ethyl carbamate (Urethane) Ethyl chloride (Chloroethane) Ethylene dibromide (Dibromoethane) Ethylene dichloride (1,2-Dichloroethane) Ethylene glycol Ethylene imine (Aziridine) Ethylene oxide Ethylene thiourea Ethylidene dichloride (1,1-Dichloroethane) Formaldehyde Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Hexamethylene-1,6-diisocyanate Hexamethylphosphoramide Hexane Hydrazine Hydrochloric acid Hydrogen fluoride (Hydrofluoric acid) Hydroquinone Isophorone CAS No. 58-89-9 108-31-6 67-56-1 72-43-5 74-83-9 74-87-3 71-55-6 60-34-4 74-88-4 108-10-1 624-83-9 80-62-6 1634-04-4 101-14-4 75-09-2 101-68-8 101-77-9 91-20-3 98-95-3 92-93-3 100-02-7 79-46-9 684-93-5 62-75-9 59-89-2 56-38-2 82-68-8 87-86-5 108-95-2 106-50-3 75-44-5 7803-51-2 7723-14-0 85-44-9 1336-36-3 1120-71-4 57-57-8 123-38-6 114-26-1 78-87-5 Chemical Name Lindane (all isomers) Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl chloroform (1,1,1-Trichloroethane) Methyl hydrazine Methyl iodide (Iodomethane) Methyl isobutyl ketone (Hexone) Methyl isocyanate Methyl methacrylate Methyl tert butyl ether 4,4-Methylene bis (2-chloroaniline) Methylene chloride (Dichloromethane) Methylene diphenyl diisocyanate (MDI) 4,4’-Methylenedianiline Naphthalene Nitrobenzene 4-Nitrobiphenyl 4-Nitrophenol 2-Nitropropane N-Nitroso-N-methylurea N-Nitrosodimethylamine N-Nitrosomorpholine Parathion Pentachloronitrobenzene (Quintobenzene) Pentachlorophenol Phenol p-Phenylenediamine Phosgene Phosphine Phosphorus Phthalic anhydride Polychlorinated biphenyls (Aroclors) 1,3-Propane sultone beta-Propiolactone Propionaldehyde Propoxur (Baygon) Propylene dichloride CAS No. 75-56-9 75-55-8 91-22-5 106-51-4 100-42-5 96-09-3 1746-01-6 79-34-5 127-18-4 7550-45-0 108-88-3 95-80-7 584-84-9 95-53-4 8001-35-2 120-82-1 79-00-5 79-01-6 95-95-4 88-06-2 121-44-8 1582-09-8 540-84-1 108-05-4 593-60-2 75-01-4 75-35-4 1330-20-7 95-47-6 108-38-3 106-42-3 0 0 0 0 0 0 0 0 0 370-19 Chemical Name (1,2-Dichloropropane) Propylene oxide 1,2-Propylenimine (2-Methylaziridine) Quinoline Quinone Styrene Styrene oxide 2,3,7,8-Tetrachlorodibenzo-p-dioxin 1,1,2,2-Tetrachloroethane Tetrachloroethylene (Perchloroethylene) Titanium tetrachloride Toluene 2,4-Toluene diamine 2,4-Toluene diisocyanate o-Toluidine Toxaphene (chlorinated camphene) 1,2,4-Trichlorobenzene 1,1,2-Trichloroethane Trichloroethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol Triethylamine Trifluralin 2,2,4-Trimethylpentane Vinyl acetate Vinyl bromide Vinyl chloride Vinylidene chloride (1,1-Dichloroethylene) Xylenes (isomers and mixture) o-Xylenes m-Xylenes p-Xylenes Antimony Compounds Arsenic Compounds inorganic including arsine) Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Coke Oven Emissions Cyanide Compounds[1] Glycol ethers[2] CAS No. 0 0 0 0 B. Chemical Name Lead Compounds Manganese Compounds Mercury Compounds Fine mineral fibers[3] CAS No. 0 0 0 0 Chemical Name Nickel Compounds Polycyclic Organic Matter[4] Radionuclides (including radon)[5] Selenium Compounds The following applies for all listings above which contain the word "compounds” or are glycol ethers: unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure. [1] X'CN where X = H' or any other group where a formal dissociation may occur (e.g. KCN or Ca(CN)2). [2] a. Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH2CH2)n-OR' where: n = 1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. b. Glycol ethers do not include ethylene glycol monobutyl ether (EGBE, 2Butoxyethanol) (CAS No. 111-76-2). [3] Includes mineral fiber emissions from facilities manufacturing or processing glass, rock, or slag fibers (or other mineral derived fibers) of average diameter one micrometer or less. [4] Includes organic compounds which have more than one benzene ring and which have a boiling point greater than or equal to 212ºF (100ºC). [5] A type of atom which spontaneously undergoes radioactive decay. 370-20 Return to Table of Contents REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 371 ACID RAIN INDEX SECTION 100 – GENERAL 101 PURPOSE 102 APPLICABILITY 103 SEVERABILITY 104 AVAILABILITY OF INFORMATION 105 FEDERAL DELEGATION AUTHORITY SECTION 200 – DEFINITIONS (NOT APPLICABLE) SECTION 300 – STANDARDS 301 INCORPORATED SUBPARTS OF THE FEDERAL ACID RAIN REGULATIONS 302 FEDERAL REGULATORY REVISIONS SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 371-1 BLANK PAGE 371-2 Adopted 02/15/95 Revised 04/03/96 Revised 03/01/00 Revised 03/07/01 Revised 11/19/03 Revised 03/15/06 Revised 12/17/08 Revised 09/16/09 Revised 07/07/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III – CONTROL OF AIR CONTAMINANTS RULE 371 ACID RAIN SECTION 100 – GENERAL 101 PURPOSE: To incorporate by reference the Acid Rain federal regulations in order to obtain delegated authority to enforce portions of the Clean Air Act Amendments of 1990 (CAAA). 102 APPLICABILITY: This rule applies to those affected units as described in 40 Code of Federal Regulations (CFR) 72.6 which has been adopted by reference and no future additions or amendments. Any such stationary source must also comply with other Maricopa County Air Pollution Control Regulations. 103 SEVERABILITY: If the provisions or requirements of the regulations incorporated pursuant to this rule conflict with any of the remaining portions of these rules, the regulations incorporated pursuant to this rule shall apply and shall take precedence. 104 AVAILABILITY OF INFORMATION: Copies of 40 CFR Part 72 (Permits Regulation), 40 CFR Part 74 (Sulfur Dioxide Opt-Ins), 40 CFR Part 75 (Continuous Emission Monitoring), and 40 CFR 76 (Acid Rain Nitrogen Oxides Emission Reduction Program) and all accompanying appendices currently enforced by the department are available at 1001 N. Central Ave., Phoenix, AZ 85004, or by calling (602) 506-0169 for information. 105 FEDERAL DELEGATION AUTHORITY: The department shall enforce the Federal Acid Rain Regulations which have been delegated to the County by the United States Environmental Protection Agency (EPA) for such enforcement. The department may, in addition, enforce such other Acid Rain Rules as delegated for such enforcement by the EPA to the County. 371-3 SECTION 200 – DEFINITIONS: See Rule 100 of these rules for definitions of terms that are used but not specifically defined in this rule. SECTION 300 – STANDARDS 301 INCORPORATED SUBPARTS OF THE FEDERAL ACID RAIN REGULATIONS: 40 CFR Parts 72, 74, 75 and 76 and all accompanying appendices, adopted as of July 1, 2009, (and no future additions or amendments) are incorporated by reference as applicable requirements. 302 FEDERAL REGULATORY REVISIONS: The Maricopa County Board of Supervisors shall take action following promulgation by the Environmental Protection Agency (EPA) of regulations implementing Section 407 and Section 410 of the Clean Air Act (CAA), or revising either Part 72, 74, 75, and/or 76 of the regulations implementing Section 407 or Section 410 of the CAA, to either incorporate such new or revised provisions by reference or to submit, for the EPA approval, the Maricopa County Air Pollution Control Regulations implementing these provisions. SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 371-4 Return to Table of Contents REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 372 MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM INDEX SECTION 100 - GENERAL 101 PURPOSE 102 APPLICABILITY 103 EXEMPTIONS SECTION 200 - DEFINITIONS 201 ACUTE ADVERSE EFFECTS TO HUMAN HEALTH 202 ACUTE AMBIENT AIR CONCENTRATION (AAAC) 203 AFFECTED SOURCE 204 AMBIENT AIR CONCENTRATION (AAC) 205 ARIZONA MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (AZMACT) 206 CHEMICAL ABSTRACT SERVICE (CAS) NUMBER 207 CHRONIC ADVERSE EFFECTS TO HUMAN HEALTH 208 CHRONIC AMBIENT AIR CONCENTRATION (CAAC) 209 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT 210 HAZARDOUS AIR POLLUTANT 211 MAJOR SOURCE OF MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPs) 212 MARICOPA COUNTY HAZARDOUS AIR POLLUTANT (HAP) 213 MINOR SOURCE OF MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPs) 214 MODIFICATION / MODIFY 215 POTENTIAL TO EMIT / POTENTIAL EMISSION RATE 216 SIC CODE 217 TECHNOLOGY TRANSFER SECTION 300 - STANDARDS 301 MARICOPA COUNTY LIST OF HAZARDOUS AIR POLLUTANTS 302 NOTICE OF TYPES AND AMOUNTS OF HAPS 303 MODIFICATIONS; PERMITS; PERMIT REVISIONS 372.1 304 CASE-BY-CASE HAPRACT DETERMINATION 305 CASE-BY-CASE AZMACT DETERMINATION 306 RISK MANAGEMENT ANALYSES SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 EFFECTIVE DATE 402 PERIODIC REVIEW SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 372.2 PAGE BREAK 372.3 Adopted 06/06/07 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 372 MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPS) PROGRAM SECTION 100 - GENERAL 101 PURPOSE: To implement/establish procedures for a Maricopa County program for the regulation of federally listed hazardous air pollutants (HAPs). 102 APPLICABILITY: 102.1 Unless otherwise noted, this rule applies to: a. Minor sources of Maricopa County hazardous air pollutants (HAPs) that are in one of the source categories listed in Table 1-Maricopa County HAPs Minor Source Categories of this rule; and b. Major sources of Maricopa County hazardous air pollutants (HAPs). Table 1-Maricopa County HAPs Minor Source Categories Primary SIC Code 2434 2451 2621 2679 2851 2911 3086 3088 3089 3241 3281 3296 3312 3331 3411 3444 3451 3479 3585 3672 Source Category Wood Kitchen Cabinets Mobile Homes Paper Mills Converted Paper Products-Not Elsewhere Classified Paints And Allied Products Petroleum Refining Plastics Foam Products Plastics Plumbing Fixtures Plastics Products-Not Elsewhere Classified Cement-Hydraulic Cut Stone And Stone Products Mineral Wool Blast Furnaces And Steel Mills Primary Copper Metal Cans Sheet Metal Work Screw Machine Products Metal Coating And Allied Services Refrigeration And Heating Equipment Printed Circuit Boards 372.4 3999 4922 5169 5171 Manufacturing Industries-Not Elsewhere Classified Natural Gas Transmission Chemicals And Allied Products-Not Elsewhere Classified Petroleum Bulk Stations And Terminals 102.2 If the Clean Air Act has established provisions including specific schedules for the regulation of source categories under Section 112(e)(5) and Section 112(n) of the Act, those provisions and schedules shall apply to the regulation of those source categories. 103 EXEMPTIONS: This rule shall not apply to: 103.1 An affected source for which a standard under 40 Code Of Federal Regulations ( CFR) Part 6 1-National Emission St andards F or H azardous A ir Pollutants ( NESHAPS) o r 40 CF R P art 6 3-National E mission Standards F or Hazardous Air Pollutants For Source Categories imposes an emissions limitation. 103.2 An affe cted s ource at a mi nor s ource o f M aricopa Co unty HAPs, i f t he minor s ource is i n a s ource c ategory fo r wh ich a s tandard u nder 4 0 CF R Part 63-National Emission Standards For Hazardous Air Pollutants For Source Categories has been adopted and agrees to comply with the emissions limitation under Rule 220-Non-Title V Permit Provisions, Section 304-Permits Containing Voluntarily Accepted Emissions Limitations, Controls, Or Other Requirements (Synthetic Minor) of these rules. 103.3 Sources for which the Administrator has made one of the following findings under Section 112(n) of the Act (42 U.S.C. 7412(n)): a. A finding that regulation is not appropriate or necessary, or b. A finding that the source should apply alternative control strategies. 103.4 Any category or subcategory of facilities licensed by the Nuclear Regulatory Commission. The Control Officer shall not adopt or enforce any standard or limitation r especting emissions o f r adionuclides, which i s more st ringent than the standard or limitation adopted by the Administrator under Section 112 of the Act. SECTION 200 - DEFINITIONS: See R ule 1 00-General P rovisions A nd D efinitions o f t hese rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: 372.5 201 ACUTE ADVERSE EFFECTS TO HUMAN HEALTH - Those effects described in Arizona Revised Statutes (ARS) §49-401.01(2)-Air Quality-General ProvisionsDefinitions that are of short duration or rapid onset. In ARS 49-401.01(2)-Air Quality-General Provisions-Definitions, “Adverse effects to human health” means those effects that result in or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, including adverse e ffects t hat ar e k nown t o b e o r may r easonably b e a nticipated t o b e caused b y s ubstances that ar e ac utely t oxic, c hronically t oxic, carcinogenic, mutagenic, teratogenic, neurotoxic, or causative of reproductive dysfunction. 202 ACUTE AMBIENT AIR CONCENTRATION (AAAC) - That concentration of a hazardous air p ollutant, i n t he ambient ai r, ab ove wh ich t he g eneral p opulation, including susceptible populations, could experience acute adverse e ffects to human health. 203 AFFECTED SOURCE - Notwithstanding t he d efinition o f “ affected s ource” as defined in Rule 100-General Provisions And Definitions of these rules (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), for the purpose of this rule “affected source” h as the meaning of “affected source” contained i n 40 CF R 63.2-National E mission St andards F or H azardous A ir Pollutants For So urce C ategories-Definitions as of J uly 1, 2004 (an d n o future amendments or editions) (the collection of equipment, activities, or both within a single c ontiguous ar ea an d u nder c ommon c ontrol t hat i s i ncluded i n a Section 112(c) s ource c ategory or s ubcategory fo r wh ich a S ection 1 12(d) s tandard o r other relevant standard is established pursuant to Section 112 of the Act. Each relevant s tandard wi ll d efine t he “ affected s ource”, as d efined in 4 0 C FR 6 3.2National Emission Standards For Hazardous Air Pollutants For Source CategoriesDefinitions unless a d ifferent d efinition i s war ranted b ased o n a p ublished justification as to why this definition would result in significant administrative, practical, or implementation problems and why the different definition would resolve those problems. The term “affected source”, as used in 40 CFR 63.2National Emission Standards For Hazardous Air Pollutants For Source CategoriesDefinitions, is separate and distinct from any other use of that term in these rules such as those implementing Title IV of the Act. Affected source may be defined differently for 40 CFR Part 63-National Emission Standards For Hazardous Air Pollutants For Source Categories than affected facility and stationary source in 40 CFR Part 60-Standards Of Performance For New Stationary Sources and 40 CFR Part 61-National E mission St andards F or H azardous A ir Pollutants ( NESHAPS), respectively. This definition of “affected source”, and the procedures for adopting an alternative definition of “affected source,'' shall apply to each Section 112(d) standard for which the initial proposed rule is signed by the Administrator after June 30, 2002). 372.6 204 AMBIENT AIR CONCENTRATION (AAC) - That c oncentration o f a h azardous air pollutant in the ambient air, listed in Section 306- Risk Management Analyses of this rule or determined according to Section 306.3(b)-Risk Management AnalysesHealth Based Ambient Air Concentrations Of Maricopa County HAPs of this rule or Section 3 06.3(c)-Risk Management Analyses-Health Based Ambient Air Concentrations Of Maricopa County HAPs of this rule, above which the general population, including susceptible populations, could experience adverse effects to human health. 205 ARIZONA MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (AZMACT) An emission standard that requires the maximum degree of reduction in emissions of h azardous ai r p ollutants s ubject t o t hese r ules, i ncluding a p rohibition on the emissions wh ere a chievable, an d t hat t he Co ntrol O fficer, according to S ection 305-Case-By-Case AZMACT Determination of this rule, has determined to be achievable b y an aff ected s ource t o wh ich t he standard ap plies, t hrough application o f m easures, p rocesses, m ethods, sy stems, o r t echniques, i ncluding measures that: 205.1 Reduce the volume of, or eliminate emissions of, the pollutants through process changes, substitution of materials, or other modifications; 205.2 Enclose systems or processes to eliminate emissions; 205.3 Collect, capture, or treat the pollutants when released from a process, stack, storage, or fugitive emissions point; 205.4 Are d esign, e quipment, work p ractice, o r o perational s tandards, i ncluding requirements for operator training or certification; or 205.5 Are a combination of Section 205.1 thru Section 205.4 of this rule. 206 CHEMICAL ABSTRACT SERVICE (CAS) NUMBER - A unique, identifying number assigned b y t he Ch emical A bstract Service t o e ach distinct c hemical substance. 207 CHRONIC ADVERSE EFFECTS TO HUMAN HEALTH - Those effects described in ARS §49-401.01(2)-Air Quality Generally-General Provisions-Definitions that are persistent, recurring, or long-term in nature or that are delayed in their onset. ARS 49-401.01(2)-Air Quality Generally-General Provisions-Definitions defines “adverse effects to human health” as those effects that result in or significantly contribute to an i ncrease in mo rtality o r an i ncrease i n s erious i rreversible o r i ncapacitating reversible illness, including adverse effects that are known to be or may reasonably be anticipated to be caused by substances that are acutely toxic, chronically toxic, carcinogenic, mutagenic, teratogenic, neurotoxic, or causative of reproductive dysfunction. 372.7 208 CHRONIC AMBIENT AIR CONCENTRATION (CAAC) - That concentration of a hazardous air p ollutant, i n t he ambient ai r, ab ove wh ich t he g eneral p opulation, including su sceptible p opulations, co uld ex perience c hronic a dverse effects t o human health. 209 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT - Any p ollutant adopted under Section 301-Maricopa County List Of Hazardous Air Pollutants of this rule. 210 HAZARDOUS AIR POLLUTANT - Any federally listed hazardous air pollutant. 211 MAJOR SOURCE OF MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPs) 211.1 A stationary source t hat emits or has t he potential to emit in the aggregate, i ncluding f ugitive e missions, 1 0 tons per y ear o r mo re o f an y Maricopa Co unty hazardous air p ollutant or 25 t ons per year or more of any combination of Maricopa County hazardous air pollutants. 211.2 Any change to a minor source of hazardous air pollutants that would increase its emissions to the qualifying levels in Section 211.1 of this rule. 212 MARICOPA COUNTY HAZARDOUS AIR POLLUTANT (HAP) - Any federally listed hazardous air pollutant. 213 MINOR SOURCE OF MARICOPA COUNTY HAZARDOUS AIR POLLUTANTS (HAPs) - A stationary s ource that emits or h as the p otential to emit, including fugitive e missions, o ne ton o r mo re b ut less t han 1 0 t ons p er year of any hazardous air pollutant or two and one-half tons or more but less than 25 tons per year of any combination of hazardous air pollutants. 214 MODIFICATION / MODIFY 214.1 A p hysical change i n, o r c hange i n t he me thod o f o peration o f, a s ource that increases the actual emissions of any Maricopa County hazardous air pollutant (H AP) emitted b y t he s ource b y mo re t han any d e minimis amount listed in Table 2-Maricopa County HAPs De Minimis Levels, or which results in the emission of any HAP not previously emitted by the source b y mo re t han an y d e mi nimis amo unt l isted i n T able 2 - Maricopa County HAPs De Minimis Levels. 372.8 Table 2-Maricopa County HAPs De Minimis Levels Chemical De Minimis Lb/Hour 1,1,1-Trichloroethane (Methyl Chloroform) 1,1,2,2-Tetrachloroethane 1,3-Butadiene 1,4-Dichlorobenzene 2,2,4-Trimethylpentane 2,4-Dinitrotoluene 2-Chloroacetophenone Acetaldehyde Acetophenone Acrolein Acrylonitrile Antimony Compounds (Selected Compound: Antimony) Arsenic Compounds (Selected Compound: Arsenic) Benzene Benzyl Chloride Beryllium Compounds (Selected Compound: Beryllium) Biphenyl bis (2-Ethylhexy) Phthalate Bromoform Cadmium Compounds (Selected Compound: Cadmium) Carbon Disulfide Carbon Tetrachloride Carbonyl Sulfide Chlorobenzene Chloroform Chromium Compounds (Selected Compound: Hexavalent Chromium) Cobalt Compounds (Selected Compound: Cobalt) Cumene Cyanide Compounds (Selected Compound: Hydrogen Cyanide) Dibenzofurans Dichloromethane (Methylene Chloride) Dimethyl Formamide Dimethyl Sulfate Ethyl Benzene 117 N/A N/A N/A 51 N/A N/A N/A 1.4 0.013 N/A 0.71 De Minimis Lb/Year 14,247 0.20 0.39 1.9 N/A 0.13 0.19 5.3 2,261 0.129 0.17 9.0 N/A 0.0027 N/A N/A 0.000707 1.5 0.25 0.0049 2.1 0.71 0.42 N/A 1,130 3.0 11 0.0065 18 N/A 1.7 57 N/A N/A 4,522 0.78 N/A 6,442 2.2 0.0010 N/A 0.0042 53 0.22 2,583 19 1.4 20 9.3 0.018 14 45 25 194 N/A 6,442 372.9 Ethyl Chloride (Chloroethane) Etylene Dibromide (Dibromoethane) Ethylene Dichloride (1,2-Dichloroethane) Ethylene Glycol Ethylidene Dichloride (1,1-Dichloroethane) Formaldehyde Glycol Ethers (Selected Compound: Diethylene Glycol, Monoethyl Ether) Hexachlorobenzene Hexane Hydrochloric Acid Hydrogen Fluoride (Hydrofluoric Acid) Isophorone Manganese Compounds (Selected Compound: Manganese) Mercury Compounds (Selected Compound: Elemental Mercury) Methanol Methyl Bromide Methyl Chloride Methyl Hydrazine Methyl Isobutyl Ketone (Hexone) Methyl Methacrylate Methyl Tert-Butyl Ether N, N-Dimethylaniline Naphthalene Nickel Compounds (Selected Compound: Nickel Refinery Dust) Phenol Polychlorinated Biphenyls (Selected Compound: Aroclor 1254) Polycyclic Organic Matter (Selected Compound: Benzo(a)pyrene) Propionaldehyde Propylene Dichloride Selenium Compounds (Selected Compound: Selenium) Styrene Tetrachloroethylene (Perchloroethylene) Toluene Trichlorethylene Vinyl Acetate Vinyl Chloride Vinylidene Chloride (1,2-Dichloroethylene) Xylene (Mixed Isomers) 372.10 71 N/A N/A 2.8 354 N/A 14 64,420 0.020 0.45 2,583 3,230 0.90 19 N/A 659 0.93 0.56 0.71 0.14 0.026 13,689 129 90 12,946 0.32 0.058 1.9 53 15 67 N/A 28 18 N/A 1.4 N/A N/A 25,830 32 582 0.0024 19,388 4,522 46 45 0.35 0.049 3.3 N/A 1,295 0.12 N/A 0.013 N/A 14 0.028 5.3 26 113 31 N/A 109 N/A 22 N/A 2.1 98 6,442 2.0 146,766 0.10 1,295 1.3 1,295 644 214.2 A p hysical c hange i n, o r c hange i n t he me thod o f o peration o f, a s ource that increases the actual emissions of any Maricopa County HAPs emitted by the source, if it results in total source emissions that exceed one ton per year (tpy) of any individual HAP or 2.5 tpy of any combination of HAPs. 214.3 A physical change in, or change in the method of operation of, a s ource is not a modification subject to this rule, if: a. The change, t ogether with an y o ther c hanges implemented or planned by the source, qualifies for an alternative emission limitation under Section 112(i)(5) of the Act; b. The Clean Ai r A ct S ection 112(d ) o r Section 1 12(f) i mposes a standard requiring the change that is implemented after the Administrator promulgates the standard; c. The change is routine maintenance, repair, or replacement; d. The change is the use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply And Environmental Coordination Act of 1974, 15 U.S.C. 792, or by reason o f a natural g as c urtailment p lan u nder t he F ederal P ower Act, 16 U.S.C. 792-825r; e. The change is the use of an alternative fuel by reason of an order or rule under Section 125 of the Act; f. The change is the use of an alternative fuel at a steam generating unit to the extent that the fuel i s generated from municipal solid waste; g. The change is an increase in the hours of operation or in the production r ate, unless t he change wo uld b e p rohibited u nder an enforceable permit condition; or h. The change is any change in ownership at a stationary source. 215 POTENTIAL TO EMIT / POTENTIAL EMISSION RATE - The ma ximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, taking into account controls that are enforceable under any federal, state, or local law, rule, or regulation or that are inherent in the design of the source. 216 SIC CODE - The standard industrial classification code number for a source category derived from 1987 Standard Industrial Classification Manual (U.S. Office Of Management And Budget, 1987). 372.11 217 TECHNOLOGY TRANSFER - The process by which existing control technologies that have been successfully applied in other source categories that have similar processes o r emissions u nits a re r eviewed f or p otential use in a d ifferent source category. SECTION 300 - STANDARDS 301 MARICOPA COUNTY LIST OF HAZARDOUS AIR POLLUTANTS: The following federally listed hazardous air pollutants listed in Section 112(b)(1) of the Act (42 U.S.C. 7412(b)(1)) are hazardous air pollutants (HAPs) under this rule: CAS No. 75070 60355 75058 98862 53963 107028 79061 79107 107131 107051 92671 62533 90040 1332214 71432 92875 98077 100447 92524 117817 542881 75252 106990 156627 133062 63252 75150 56235 463581 120809 133904 57749 7782505 79118 532274 HAPs Acetaldehyde Acetamide Acetonitrile Acetophenone 2-Acetylaminofluorene Acrolein Acrylamide Acrylic acid Acrylonitrile Allyl chloride 4-Aminobiphenyl Aniline o-Anisidine Asbestos Benzene (Including benzene from gasoline) Benzidine Benzotrichloride Benzyl chloride Biphenyl Bis(2-ethylhexyl)phthalate (DEHP) Bis(chloromethyl)ether Bromoform 1,3-Butadiene Calcium cyanamide Captan Carbaryl Carbon disulfide Carbon tetrachloride Carbonyl sulfide Catechol Chloramben Chlordane Chlorine Chloroacetic acid 2-Chloroacetophenone 372.12 108907 510156 67663 107302 126998 1319773 95487 108394 106445 98828 94757 3547044 334883 132649 96128 84742 106467 91941 111444 542756 62737 111422 121697 64675 119904 60117 119937 79447 68122 57147 131113 77781 534521 51285 121142 123911 122667 106898 106887 140885 100414 51796 75003 106934 107062 107211 151564 75218 Chlorobenzene Chlorobenzilate Chloroform Chloromethyl methyl ether Chloroprene Cresols/Cresylic acid (Isomers and mixture) o-Cresol m-Cresol p-Cresol Cumene 2,4-D, salts and esters DDE Diazomethane Dibenzofurans 1,2-Dibromo-3-chloropropane Dibutylphthalate 1,4-Dichlorobenzene(p) 3,3-Dichlorobenzidene Dichloroethyl ether (Bis(2-chloroethyl)ether) 1,3-Dichloropropene Dichlorvos Diethanolamine N,N-Diethylaniline (N,N-Dimethylaniline) Diethyl sulfate 3,3-Dimethoxybenzidine Dimethyl aminoazobenzene 3,3’-Dimethyl benzidine Dimethyl carbamoyl chloride Dimethyl formamide 1,1-Dimethyl hydrazine Dimethyl phthalate Dimethyl sulfate 4,6-Dinitro-o-cresol, and salts 2,4-Dinitrophenol 2,4-Dinitrotoluene 1,4-Dioxane (1,4-Diethyleneoxide) 1,2-Diphenylhydrazine Epichlorohydrin (1-Chloro-2,3-epoxypropane) 1,2-Epoxybutane Ethyl acrylate Ethyl benzene Ethyl carbamate (Urethane) Ethyl chloride (Chloroethane) Ethylene dibromide (Dibromoethane) Ethylene dichloride (1,2-Dichloroethane) Ethylene glycol Ethylene imine (Aziridine) Ethylene oxide 372.13 96457 75343 50000 76448 118741 87683 77474 67721 822060 680319 110543 302012 7647010 7664393 123319 78591 58899 108316 67561 72435 74839 74873 71556 60344 74884 108101 624839 80626 1634044 101144 75092 101688 101779 91203 98953 92933 100027 79469 684935 62759 59892 56382 82688 87865 108952 106503 75445 7803512 Ethylene thiourea Ethylidene dichloride (1,1-Dichloroethane) Formaldehyde Heptachlor Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Hexamethylene-1,6-diisocyanate Hexamethylphosphoramide Hexane Hydrazine Hydrochloric acid Hydrogen fluoride (Hydrofluoric acid) Hydroquinone Isophorone Lindane (All isomers) Maleic anhydride Methanol Methoxychlor Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl chloroform (1,1,1-Trichloroethane) Methyl hydrazine Methyl iodine (Iodomethane) Methyl isobutyl ketone (Hexone) Methyl isocyanate Methyl methacrylate Methyl tert butyl ether 4,4-Methylene bis(2,chloroaniline) Methylene chloride (Dichloromethane) Methylene diphenyl diisocyanate (MDI) 4,4-Methylenedianiline Naphthalene Nitrobenzene 4-Nitrobiphenyl 4-Nitrophenol 2-Nitropropane N-Nitroso-N-methylurea N-Nitrosodimethylamine N-Nitrosomorpholine Parathion Pentachloronitrobenzene (Quintobenzene) Pentachlorophenol Phenol p-Phenylenediamine Phosgene Phosphine 372.14 7723140 Phosphorus 85449 Phthalic anhydride 1336363 Polychlorinated biphenyls (Aroclors) 1120714 1,3-Propane sultone 57578 beta-Propiolactone 123386 Propionaldehyde 114261 Propoxur (Baygon) 78875 Propylene dichloride (1,2-Dichloropropane) 75569 Propylene oxide 75558 1,2-Propylenimine (2-Methyl aziridine) 91225 Quinoline 106514 Quinone 100425 Styrene 96093 Styrene oxide 1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin 79345 1,1,2,2-Tetrachloroethane 127184 Tetrachloroethylene (Perchloroethylene) 7550450 Titanium tetrachloride 108883 Toluene 95807 2,4-Toluene diamine 584849 2,4-Toluene diisocyanate 95534 o-Toluidine 8001352 Toxaphene (Chlorinated camphene) 120821 1,2,4-Trichlorobenzene 79005 1,1,2-Trichloroethane 79016 Trichloroethylene 95954 2,4,5-Trichlorophenol 88062 2,4,6-Trichlorophenol 121448 Triethylamine 1582098 Trifluralin 540841 2,2,4-Trimethylpentane 108054 Vinyl acetate 593602 Vinyl bromide 75014 Vinyl chloride 75354 Vinylidene chloride (1,1-Dichloroethylene) 1330207 Xylenes (Isomers and mixture) 95476 o-Xylenes 108383 m-Xylenes 106423 p-Xylenes Antimony Compounds Arsenic Compounds (Inorganic including arsine) Beryllium Compounds Cadmium Compounds Chromium Compounds Cobalt Compounds Coke Oven Emissions Cyanide Compounds 372.15 X’CN where X = H’ or any other group where a formal dissociation may occur. For example, KCN or Ca(CN)2 Glycol Ethers a. Glycol e thers i nclude m ono- and d i- ethers o f et hylene g lycol, d iethylene glycol, and triethylene glycol R-(OCH2CH2)[n]-OR’ where: (1) n = 1, 2, or 3; (2) R = alkyl C7 or less; or (3) R = phenyl or alkyl substituted phenyl; (4) R’= H or alkyl C7 or less; or (5) OR’ consisting o f carboxylic acid ester, sulfate, p hosphate, nitrate, o r sulfonate b. Glycol ethers does not include ethylene glycol monobutyl ether Lead Compounds Manganese Compounds Mercury Compounds Fine Mineral Fibers (Including mineral fiber emissions from facilities manufacturing or p rocessing g lass, rock, o r sl ag o r o ther mineral-derived f ibers o f average diameter 1 micrometer or less) Nickel Compounds Polycyclic Organic Matter (Including organic compounds with more than one benzene r ing and wh ich h ave a b oiling p oint g reater t han o r equal t o 1 00°C) Radionuclides (Including radon. Radionuclide is a type of atom which spontaneously undergoes radioactive decay) Selenium Compounds 302 NOTICE OF TYPES AND AMOUNTS OF HAPS: An owner and/or operator of a source subject to this rule shall provide the Control Officer with notice, in a permit application, of the types and amounts of HAPs emitted by the source. The notice shall i nclude readily av ailable d ata r egarding e missions fr om t he s ource. T he Control O fficer shall not r equire t he o wner an d/or operator t o conduct performance tests, sampling, or monitoring in order to fulfill the requirements of this section of this rule. 303 MODIFICATIONS; PERMITS; PERMIT REVISIONS: 303.1 Any person who constructs or modifies a source that is subject to this rule must first obtain a permit or significant permit revision that complies with: a. Rule 210-Title V Permit Provisions of these rules or Rule 220-NonTitle V Permit Provisions of these rules; and b. Section 303.2 of this rule or Section 303.3 of this rule. 303.2 A permit or significant permit revision that the Control Officer issues to a new or modified minor source of Maricopa County hazardous air pollutants (HAPs) t hat i s i n o ne o f the s ource categories l isted i n T able 1 -Maricopa County H APs M inor So urce Cat egories o f t his r ule shall i mpose H APRACT under Se ction 304 o f t his r ule, u nless t he ap plicant d emonstrates, wi th a 372.16 risk management analysis (RMA) under S ection 3 06 of t his r ule, t hat the imposition of HAPRACT is not necessary to avoid adverse effects to human health or adverse environmental effects. 303.3 A permit or significant permit revision that the Control Officer issues to a new or modified major source of Maricopa County hazardous air pollutants (HAPs) shall impose AZMACT under Section 305 of this rule, unless the applicant demonstrates, with a risk management analysis (RMA) under Section 306 of this rule, that the imposition of AZMACT is not necessary to avoid adverse effects to human health or adverse environmental effects. 303.4 If the Control Officer establishes a general permit establishing HAPRACT according to Rule 230-General Permits of these rules, the following apply: a. The owner and/or operator of a source covered by that general permit may obtain a variance from HAPRACT by complying with a risk management analysis (RMA) under Section 306 of this rule when the source applies for the general permit; b. If t he o wner an d/or o perator mak es t he ap plicable d emonstration required by a risk management analysis (RMA) under Section 306 of this rule and otherwise qualifies for the general permit, the Control Officer shall approve the application according to ARS §49480-County Air Pollution Control-Permits; Fees and issue an authorization-to-operate g ranting a v ariance from t he s pecific provisions of the general permit relating to HAPRACT; and c. Except as modified b y a v ariance, t he g eneral p ermit g overns the source. 303.5 When determining whether HAP emissions from a new source or modification exceed the thresholds prescribed in Section 211-Definition Of Major Source Of Maricopa County Hazardous Air Pollutants (HAPs) of this rule an d Se ction 2 13-Minor So urce O f M aricopa Co unty Hazardous A ir Pollutants (HAPs) of this rule or a de minimis amount described in Table 2Maricopa County HAPs De Minimis Levels in Section 214.1 of this rule, the Control Officer shall exclude particulate matter emissions that consist of natural c rustal mat erial and that are p roduced e ither b y n atural fo rces, such as wind or erosion, or by anthropogenic activities, such as agricultural operations, excavation, blasting, drilling, handling, storage, earthmoving, crushing, grinding, or traffic over paved or unpaved roads, or other similar activities. 372.17 303.6 In addition to the requirements of Appendix B-Standard Permit Application Form And Filing Instructions of these rules, an application for a permit or a permit revision required under this section of this rule shall include one of the following: a. The ap plicant’s p roposal an d d ocumentation fo r H APRACT under Section 304 of this rule; b. The ap plicant’s p roposal an d d ocumentation fo r A ZMACT under Section 305 of this rule; or c. A risk management analysis (RMA) submitted under Section 306 of this rule. 303.7 Any applicant for a permit or a permit revision under this rule may request accelerated permit processing under Rule 200-Permit Requirements. 304 CASE-BY-CASE HAPRACT DETERMINATION: 304.1 The applicant shall include in the application sufficient documentation to show that the proposed control technology or methodology meets the requirements of ARS §49-480.04-County Air Pollution Control-County Program For Control Of Hazardous Air Pollutants and of this section of this rule. 304.2 An ap plicant s ubject t o Se ction 3 03.2-Modifications; P ermits; P ermit Revisions of this rule shall propose HAPRACT for the new source or modification, to be included in the applicant’s permit or significant permit revision. The applicant shall document each of the following steps: a. The ap plicant s hall i dentify t he r ange o f a pplicable c ontrol technologies, including: (1) A su rvey o f si milar e mission s ources t o d etermine t he emission limitations currently achieved in practice in the United States; (2) Controls a pplied t o si milar so urce c ategories, e missions units, or gas streams through technology transfer; and (3) Innovative t echnologies t hat ar e d emonstrated t o b e reliable, that reduce emissions for HAP under review at least to the extent achieved by the control technology that would otherwise h ave b een p roposed an d t hat m eets al l the requirements o f A RS §49-480.04-County Air P ollution Control-County Program For Control Of Hazardous Air Pollutants and this section of this rule. 372.18 b. c. The applicant shall propose as HAPRACT one of the control technologies identified u nder Se ction 3 04.2(a)-Case-By-Case HAPRACT Determination of this rule and shall provide: (1) The rationale for selecting the specific control technologies from the range identified in Section 304.2(a)-Case-By-Case HAPRACT Determination; (2) Estimated control efficiency, described as percent HAP removed; (3) Expected emission rates in tons per year and pounds per hour; (4) Expected emission reduction in tons per year and pounds per hour; (5) Economic i mpacts an d cost e ffectiveness o f i mplementing the proposed control technology; (6) Other environmental impacts of the proposed control technology; and (7) Energy impact of the proposed technology. The a pplicant sh all i dentify r ejected control t echnologies i dentified in Section 304.2(a)-Case-By-Case HAPRACT Determination of this rule and shall provide for each rejected control technology: (1) The r ationale fo r r ejecting t he s pecific control t echnologies identified in Section 304.2(a)-Case-By-Case HAPRACT Determination of this rule; (2) Estimated control efficiency described as percent HAP removed; (3) Expected emission rates in tons per year and pounds per hour; (4) Expected emission reduction in tons per year and pounds per hour; (5) Economic impact and cost effectiveness of implementing the rejected control technologies; (6) Other environmental impact of the rejected control technology; and 372.19 (7) Energy impact of the rejected control technologies. 304.3 The Control Officer shall determine whether the applicant’s HAPRACT selection complies with A RS §49-480.04-County Air Pollution ControlCounty Program For Control Of Hazardous Air Pollutants and this section of this r ule b ased o n t he d ocumentation p rovided i n Se ction 3 04.2-Case-ByCase HAPRACT Determination of this rule: a. If the Control Officer finds that the applicant’s proposal complies with ARS §49 -480.04-County Air P ollution Co ntrol-County Program For Control Of Hazardous Air Pollutants and this section of this rule, the Control Officer shall include the applicant’s proposed HAPRACT selection in the permit or permit revision. b. If the Control Officer finds that the applicant’s proposal fails to comply wi th A RS § 49-480.04-County Air P ollution Co ntrol-County Program For Control Of Hazardous Air Pollutants and this section of this rule, the Control Officer shall: (1) Notify t he ap plicant t hat t he p roposal fails to m eet requirements; (2) Specify the deficiencies in the proposal; and (3) State t hat the applicant shall s ubmit a new HAPRACT proposal according to the provisions regarding permit application processing procedures in Rule 210-Title V Permit Provisions or Rule 220-Non-Title V Permit Provisions of these rules. c. If the applicant does not submit a new proposal, the Control Officer shall deny the application for a permit or permit revision. d. If the Control Officer finds that the new proposal fails to comply with ARS §49 -480.04-County A ir P ollution Co ntrol-County P rogram For Control Of Hazardous Air Pollutants and this section of this rule, the Control Officer shall deny the application for a permit or permit revision. 304.4 If the Control O fficer finds t hat a r eliable me thod o f me asuring H AP emissions is not available, the Control Officer shall require, in the permit, the ap plicant t o c omply wi th a d esign, e quipment, wo rk p ractice o r operational standard, or combination of these, but shall not impose a numeric emissions limitation upon the applicant. 372.20 304.5 The Control O fficer s hall n ot impose a control technology t hat would require the application of me asures that are incompatible with me asures required under Rule 370-Federal Hazardous Air Pollutant Program of these rules or 40 CFR Part 63-National Emission Standards For Hazardous Air Pollutants For Source Categories. An applicable control technology for a source o r s ource c ategory t hat i s p romulgated b y t he A dministrator s hall supersede control technology imposed by the Control Officer for that source or source category. 305 CASE-BY-CASE AZMACT DETERMINATION: 305.1 The applicant shall include in the application sufficient documentation to show that the proposed control technology meets the requirements of ARS §49-480.04-County Air Pollution Control-County Program For Control Of Hazardous Air Pollutants and of this section of this rule. 305.2 An ap plicant s ubject t o Se ction 3 03.3-Modifications; P ermits; P ermit Revisions o f t his r ule shall p ropose A ZMACT for t he n ew s ource o r modification, to be included in the applicant’s permit or permit revision. The applicant shall document each of the following steps: a. The applicant shall identify all available control options, taking into consideration the measures cited in Section 205-Definition Of Arizona Maximum Achievable Control Technology (AZMACT) of this rule. The analysis shall include a survey of emission sources to determine the most stringent emission limitation currently achieved in practice in the United States. The survey may include technologies e mployed o utside o f t he U nited States an d m ay include c ontrols applied through technology t ransfer to si milar source categories and gas streams. b. The applicant shall eliminate options that are technically infeasible because of source-specific f actors. The applicant shall clearly document the demonstration of technical infeasibility and shall base the demonstration u pon p hysical, c hemical, and engineering barriers that would preclude the successful use of each control option that the applicant has eliminated. c. The applicant shall list the remaining control technologies in order of overall removal efficiency for the HAP under review, with the most effective at the top of the list. The list shall include the following information, for the control technology proposed and for any c ontrol t echnology t hat i s r anked h igher t han t he p roposed technology: (1) Estimated control efficiency described by percent of HAP removed; 372.21 d. (2) Expected e mission r ate in t ons p er y ear an d p ounds p er hour; (3) Expected emission reduction in tons per year and pounds per hour; (4) Economic impact and cost effectiveness; (5) Other environmental impact; and (6) Energy impact. The applicant shall evaluate the most effective controls, listed according to Section 305.2(c)-Case-By-Case AZMACT Determination of this rule and document the results as follows: (1) (2) For new major sources, the applicant shall consider the factors described in Section 305.2(c)-Case-By-Case AZMACT Determination of this rule to arrive at the final control technology proposed as AZMACT. (a) The applicant shall discuss the beneficial and adverse economic, e nvironmental, an d e nergy impacts and quantify them where possible, focusing on the direct impacts of each control technology. (b) If t he ap plicant p roposes t he t op al ternative i n t he list as AZMACT, the applicant shall consider whether other e nvironmental i mpacts mandate t he selection of an alternative control technology. If the applicant does n ot pr opose t he top al ternative as A ZMACT, the applicant shall evaluate the next most stringent technology in the list. The applicant shall continue the evaluation process until the applicant arrives at a technology that the applicant does not eliminate because of source-specific, economic, environmental, or energy impacts. For a mo dification, the a pplicant sh all e valuate t he c ontrol technologies according to Section 305.2(d)(1)-Case-By-Case AZMACT Determination of this r ule. AZMACT fo r a modification may be less stringent than AZMACT for a new source in the same source category but shall not be less stringent than: 372.22 e. (a) In c ases wh ere t he ap plicant h as i dentified 3 0 or more sources, the average emission limitation achieved by the best performing 12% of the existing similar so urces, which the ap plicant s hall i nclude in the permit application; or (b) In cases where the applicant has identified fewer than 30 similar sources, the average emission limitation ac hieved b y t he b est p erforming fi ve sources, which the applicant shall include in the permit application. The applicant shall propose as AZMACT for the HAP under review: (1) The most effective control technology or methodology not eliminated i n t he e valuation d escribed i n S ection 305.2(d)Case-By-Case AZMACT Determination of this rule; or (2) An innovative technology that reduces emissions to the extent achieved by the control technology that the applicant otherwise would have proposed under Section 305.2(e)(1)Case-By-Case AZMACT Determination o f t his r ule an d t hat meets all the requirements of ARS §49-480.04-County Air Pollution Control-County Program For Control Of Hazardous Air Pollutants and this section of this rule. 305.3 The Control Officer shall not approve a control technology or methodology less stringent than any applicable federal new source performance standard (NSPS) at 40 CFR Part 60 or national emission standard for hazardous air pollutants (NESHAP) at 40 CFR Part 61. 305.4 The Control Officer shall d etermine whether the applicant’s A ZMACT proposal complies with ARS §49-480.04-County Air Pollution ControlCounty Program For Control Of Hazardous Air Pollutants and this section of this rule. a. If the Control Officer d etermines that the applicant’s proposal complies with ARS §49-480.04-County Air Pollution Control-County Program For Control Of Hazardous Air Pollutants and this section of this rule, the Control Officer shall include the applicant’s proposed AZMACT selection in the permit or permit revision. b. If the Control Officer determines that the applicant’s proposal does not c omply w ith AR S §49-480.04-County A ir Pollution Co ntrolCounty Program For Control Of H azardous Air Pollutants and this section of this rule, the Control Officer shall: 372.23 (1) Notify t he a pplicant t hat t he p roposal does n ot meet the requirements; (2) Specify the deficiencies; and (3) State t hat t he applicant s hall s ubmit a n ew A ZMACT proposal according to permit a pplication p rocessing procedures in Rule 210-Title V Permit Provisions or Rule 220-Non-Title V Permit Provisions of these rules. c. If the applicant does not submit a new proposal, the Control Officer may deny the application for permit or permit revision. d. If the Control Officer determines that the new proposal fails to comply wi th ARS §49 -480.04-County Air P ollution Co ntrol-County Program For Control Of Hazardous Air Pollutants and this section of this rule, the Control Officer shall deny the application for a p ermit or permit revision. 305.5 If a reliable method of measuring HAP emissions is not available, the Control Officer shall require t he applicant t o comply with a design, equipment, work practice, or operational standard, or combination of these, to b e i ncluded i n t he a pplicant’s p ermit, but s hall not i mpose a numeric emissions limitation. 305.6 The Control O fficer s hall n ot impose a control technology t hat would require the application of me asures that are incompatible with me asures required under Rule 370-Federal Hazardous Air Pollutant Program of these rules or 40 CFR Part 63-National Emission Standards For Hazardous Air Pollutants For Source Categories. An applicable control technology for a source o r s ource c ategory t hat i s p romulgated b y t he A dministrator s hall supersede control technology imposed by the Control Officer for that source or source category. 306 RISK MANAGEMENT ANALYSES: 306.1 Applicability: a. An applicant seeking to demonstrate that HAPRACT or AZMACT is not necessary t o p revent adverse e ffects to h uman health or t he environment by conducting a risk management analysis (RMA) shall first apply for a permit or a significant permit revision that complies with Rule 210-Title V Permit Provisions or Rule 220-Non-Title V Permit Provisions of these rules. b. An applicant seeking to demonstrate that HAPRACT or AZMACT is not necessary t o p revent adverse e ffects to h uman health or t he 372.24 environment s hall c onduct a r isk ma nagement an alysis ( RMA) according to this section of this rule. c. d. e. The risk management analysis (RMA) for a new source shall apply to: (1) The source’s annual total potential to emit Maricopa County HAPs for evaluation of chronic exposure; or (2) The source’s hourly total potential to emit Maricopa County HAPs for evaluation of acute exposure. The risk management analysis (RMA) for a modified source shall apply to: (1) The source’s annual total potential to emit Maricopa County HAPs, after the modification, for evaluation of chronic exposure; or (2) The source’s hourly total potential to emit Maricopa County HAPs, after the modification, for evaluation of acute exposure. An applicant shall conduct a risk management analysis (RMA) for each M aricopa Co unty HAP e mitted b y t he s ource i n g reater t han de minimis amounts. 306.2 The applicant may use any of the following methods for conducting a risk management analysis (RMA): a. Tier 1-Equation: (1) For e missions o f a H AP i ncluded i n a l isted group o f hazardous c ompounds, o ther t han t hose H APs i dentified i n Table 3-Acute And Chronic Ambient Air Concentrations of this r ule as s elected compounds, t he ap plicant s hall determine a health-based ambient air concentration, under Section 306.3(c)-Risk Management Analyses-Health Based Ambient Air Concentrations Of Maricopa County HAPs of this rule. (2) The applicant shall determine the potential maximum hourly exposure resulting from emissions o f the HAP by applying the following equation: MHE = PPH * 17.68, where: (a) MHE = maximum hourly exposure in milligrams per cubic meter, and 372.25 (b) (3) (4) (5) PPH = hourly potential to emit the HAP in pounds per hour. The applicant shall determine the potential maximum annual exposure resulting from emissions of the HAP by applying t he fo llowing e quation: M AE = P PY * 1/M OH * 1.41, where: (a) MAE = maximum annual exposure in milligrams per cubic meter, (b) PPY = annual potential to emit the HAP in pounds per year, and (c) MOH = max imum o perating h ours fo r t he s ource, taking i nto ac count an y e nforceable o perational limitations. The Co ntrol O fficer s hall n ot r equire compliance wi th HAPRACT fo r t he H AP u nder Se ction 3 04-Case-By-Case HAPRACT Determination of this rule or with AZMACT for the HAP under Section 305-Case-By-Case AZMACT Determination of this rule, if both of the following are true: (a) The maximum hourly concentration determined under Section 306.2(a)(2)-Risk Management Analyses-Tier 1-Equation of this rule is less than the acute a mbient ai r c oncentrations d etermined u nder Section 306.3(c)-Risk Management Analyses-Health Based A mbient A ir Co ncentrations O f Maricopa County HAPs of this rule; and (b) The maximum annual concentration determined under Section 306.2(a)(3)-Risk Management Analyses-Tier 1-Equation of this rule is less than the chronic ambient air concentrations determined under Section 306.3(c)-Risk Management Analyses Health Based Ambient Air Concentrations Of Maricopa County HAPs of this rule. If either the maximum hourly concentration determined under S ection 306. 2(a)(2)-Risk M anagement A nalyses-Tier 1-Equation of this rule or the maximum annual concentration determined under Section 306.2(a)(3)-Risk Management Analyses-Tier 1-Equation is greater than or equal to the relevant ambient air concentration: 372.26 b. (a) The Co ntrol O fficer s hall r equire compliance with HAPRACT under Section 304-Case-By-Case HAPRACT Determination of this rule or with AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule; or (b) The applicant may use the Tier 2-SCREEN model method under Section 306.2(b) of this rule, the Tier 3-Modified SCREEN Model method under Section 306.2(c) of this rule, or the Tier 4-Modified SCREEN Model Or Refined Air Quality Model method under Section 3 06.2(d) o f t his r ule for conducting a risk management analysis (RMA) under Section 306-Risk Management Analyses of this rule. Tier 2-SCREEN Model: (1) The ap plicant s hall u se the SCR EEN mo del performed i n a manner consistent with the Guideline specified in Rule 240Permit R equirements F or Ne w Ma jor S ources A nd Ma jor Modifications T o Existing M ajor S ources, Section 308.1(f)(1)-Permit Requirements For Sources Located In Attainment A nd U nclassifiable A reas-Air Q uality M odels of these rules. The applicant shall compare the maximum concentration t hat i s p redicted i n t he ambient ai r wi th t he relevant ambient air concentration determined under Section 306. 3-Risk Management Analyses-Health Based Ambient Air Concentrations Of Maricopa County HAPs of this rule. (2) If the predicted maximum concentration is less than the relevant ambient air concentration, the Control Officer shall not require compliance with HAPRACT under Section 304Case-By-Case H APRACT D etermination o f t his r ule o r AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule. (3) If t he p redicted max imum c oncentration i s g reater t han o r equal to the relevant ambient air concentration: (a) The Co ntrol O fficer s hall r equire compliance with HAPRACT under Section 304-Case-By-Case HAPRACT D etermination o f t his r ule or A ZMACT under Section 305-Case-By-Case AZMACT Determination of this rule; or 372.27 (b) c. The ap plicant may u se the T ier 3 -Modified SCREEN Model method under Section 306.2(c) of this rule or the T ier 4 -Modified SCREEN M odel O r R efined Air Quality Model method under Section 306.2(d) of this rule for determining maximum public exposure to Maricopa County HAPs under Section 306.2(c)-Risk Management Analyses-Tier 3-Modified SCREEN Model of this rule. Tier 3-Modified SCREEN Model: (1) The ap plicant s hall use the SCR EEN mo del p erformed i n a manner consistent with the Guideline specified in Rule 240Permit R equirements F or N ew M ajor So urces A nd M ajor Modifications T o Existing M ajor S ources, Section 308.1(f)(1)-Permit Requirements For Sources Located In Attainment A nd U nclassifiable A reas-Air Q uality M odels of these rules. (2) For evaluation of acute exposure, the applicant shall assume exposure in the ambient air. (3) For evaluation of chronic exposure: (a) The ap plicant may u se e xposure assumptions consistent with institutional or engineering controls that are permanent and enforceable outside the permit. (b) The applicant shall notify the Control Officer of these controls. I f t he Control Officer d oes not ap prove of the proposed controls or if the controls are not permanent an d e nforceable o utside o f t he p ermit, the ap plicant s hall n ot u se t he me thod s pecified i n Section 30 6.2(c)(3)-Risk Management A nalyses-Tier 3-Modified S CREEN Mode l of t his r ule t o d etermine maximum public exposure to the Maricopa County HAP. (4) If the predicted maximum concentration is less than the relevant ambient air concentration, the Control Officer shall not require compliance with HAPRACT under Section 304Case-By-Case H APRACT D etermination o f t his r ule o r AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule. (5) If t he p redicted max imum c oncentration i s g reater t han o r equal to the relevant ambient air concentration: 372.28 d. (a) The Co ntrol O fficer s hall r equire compliance with HAPRACT under Section 304-Case-By-Case HAPRACT D etermination o f t his r ule o r AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule; or (b) The ap plicant may use the T ier 4 -Modified SCREEN Model Or Refined Air Quality Model method under Section 3 06.2(d) o f t his r ule fo r d etermining maximum public exposure to Maricopa County HAPs, under Section 306.2(d) of this rule. Tier 4-Modified SCREEN Model Or Refined Air Quality Model: (1) The applicant shall employ either t he SCREEN model or a refined air quality model performed in a manner consistent with the Guideline specified in R ule 240-Permit Requirements For New Major Sources And Major Modifications T o Existing M ajor S ources, Section 308.1(f)(1)-Permit Requirements For Sources Located In Attainment A nd U nclassifiable A reas-Air Q uality M odels of these rules. (2) For evaluation of acute exposure, the applicant shall assume exposure in the ambient air. (3) For evaluation of chronic exposure: (4) (a) The ap plicant may u se e xposure as sumptions consistent with institutional or engineering controls that are permanent and enforceable outside the permit. (b) The applicant shall notify the Control Officer of these controls. I f t he Control Officer d oes not ap prove o f the proposed controls or if the proposed controls are not permanent and enforceable outside of the permit, the applicant shall assume chronic exposure in the ambient air. The applicant may include in the Tier 4 risk management analysis (RMA) documentation of the following factors: (a) The estimated actual exposure to the HAP of persons living in the airshed of the source; 372.29 (5) (b) Available epidemiological or other health studies; (c) Risks presented by background concentrations of hazardous air pollutants; (d) Uncertainties i n r isk assessment me thodology or other health assessment techniques; (e) Health o r e nvironmental c onsequences fr om e fforts to reduce the risk; or (f) The technological and commercial availability of control methods beyond those otherwise required for the source and the cost of such methods. The applicant shall submit a wr itten protocol for conducting a risk management analysis (RMA), consistent with the requirements of Section 306.2(d)-Risk Management Analyses-Tier 4-Modified SCREEN Model Or Refined Air Quality M odel of this rule, to the Control Officer for the Control O fficer’s approval. If t he Co ntrol O fficer does n ot approve the written protocol, the applicant may: (a) Submit a revised protocol to the Control Officer; (b) Propose H APRACT u nder Se ction 3 04-Case-By-Case HAPRACT D etermination o f t his r ule o r AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule; or (c) Refuse to submit a revised protocol, i n wh ich case the Control Officer shall deny the application. (6) If the predicted maximum concentration is less than the relevant ambient air concentration or if warranted under the factors l isted i n S ection 306. 2(d)(4)-Risk M anagement Analyses-Tier 4-Modified SCREEN Model Or Refined Air Quality M odel of this r ule, t he Co ntrol O fficer s hall n ot require compliance with HAPRACT under Section 304-CaseBy-Case HAPRACT Determination of this rule or AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule. (7) Except as provided in Section 306.2(d)(6)-Risk Management Analyses-Tier 4-Modified SCREEN Model Or Refined Air Quality M odel of t his r ule, i f t he p redicted maximum concentration is greater than or equal to the r elevant ambient ai r c oncentration, t he Co ntrol O fficer s hall r equire 372.30 compliance with HAPRACT under Section 304-Case-By-Case HAPRACT D etermination o f t his rule o r A ZMACT u nder Section 305 -Case-By-Case A ZMACT Determination o f t his rule. 306.3 Health Based Ambient Air Concentrations Of Maricopa County HAPs: a. For Maricopa County HAPs for which the Control Officer has already determined an ambient air concentration, the applicant shall use the acute and chronic values listed in Table 3-Acute A nd Chronic Ambient Air Concentrations of this rule. Table 3-Acute And Chronic Ambient Air Concentrations Chemical 1,1,1-Trichloroethane (Methyl Chloroform) 1,1,2,2-Tetrachloroethane 1,3-Butadiene 1,4-Dichlorobenzene 2,2,4-Trimethylpentane 2,4-Dinitrotoluene 2-Chloroacetophenone Acetaldehyde Acetophenone Acrolein Acrylonitrile Antimony Compounds (Selected Compound: Antimony) Arsenic Compounds (Selected Compound: Arsenic) Benzene Benzyl Chloride Beryllium Compounds (Selected Compound: Beryllium) Biphenyl bis (2-Ethylhexy) Phthalate Bromoform Cadmium Compounds (Selected Compound: Cadmium) Carbon Disulfide Carbon Tetrachloride Carbonyl Sulfide 372.31 Acute Ambient Chronic Air Ambient Air Concentrations Concentrations (mg/m3) (mg/m3) 2,075 2.30E+00 18 7,514 300 900 5.0 NA 306 25 0.23 38 13 3.27E-05 6.32E-05 3.06E-04 NA 2.13E-05 3.13E-05 8.62E-04 3.65E-01 2.09E-05 2.79E-05 1.46E-03 2.5 4.41E-07 1,276 26 0.013 2.43E-04 3.96E-05 7.90E-07 38 13 7.5 0.25 1.83E-01 4.80E-04 1.72E-03 1.05E-06 311 201 30 7.30E-01 1.26E-04 NA Chlorobenzene Chloroform Chromium Compounds (Selected Compound: Hexavalent Chromium) Cobalt Compounds (Selected Compound: Cobalt) Cumene Cyanide Compounds (Selected Compound: Hydrogen Cyanide) Dibenzofurans Dichloromethane (Methylene Chloride) Dimethyl Formamide Dimethyl Sulfate Ethyl Benzene Ethyl Chloride (Chloroethane) Etylene Dibromide (Dibromoethane) Ethylene Dichloride (1,2Dichloroethane) Ethylene Glycol Ethylidene Dichloride (1,1Dichloroethane) Formaldehyde Glycol Ethers (Selected Compound: Diethylene Glycol, Monoethyl Ether) Hexachlorobenzene Hexane Hydrochloric Acid Hydrogen Fluoride (Hydrofluoric Acid) Isophorone Manganese Compounds (Selected Compound: Manganese) Mercury Compounds (Selected Compound: Elemental Mercury) Methanol Methyl Bromide Methyl Chloride Methyl Hydrazine Methyl Isobutyl Ketone (Hexone) Methyl Methacrylate Methyl Tert-Butyl Ether N, N-Dimethylaniline Naphthalene Nickel Compounds (Selected 372.32 1,000 195 0.10 1.04E+00 3.58E-04 1.58E-07 10 6.86E-07 935 3.9 4.17E-01 3.13E-03 25 347 7.30E-03 4.03E-03 164 0.31 250 1,250 100 3.13E-02 NA 1.04E+00 1.04E+01 3.16E-06 405 7.29E-05 50 6,250 4.17E-01 5.21E-01 17 250 1.46E-04 3.14E-03 0.50 11,649 16 9.8 4.12E-06 2.21E+00 2.09E-02 1.46E-02 13 2.5 2.09E+00 5.21E-05 1.0 3.13E-04 943 261 1,180 0.43 500 311 1,444 25 75 5.0 4.17E+00 5.21E-03 9.39E-02 3.96E-07 3.13E+00 7.30E-01 7.40E-03 7.30E-03 5.58E-05 7.90E-06 Compound: Nickel Refinery Dust) Phenol Polychlorinated Biphenyls (Selected Compound: Aroclor 1254) Polycyclic Organic Matter (Selected Compound: Benzo(a)pyrene) Propionaldehyde Propylene Dichloride Selenium Compounds (Selected Compound: Selenium) Styrene Tetrachloroethylene (Perchloroethylene) Toluene Trichlorethylene Vinyl Acetate Vinyl Chloride Vinylidene Chloride (1,2Dichloroethylene) Xylene (Mixed Isomers) 58 2.5 2.09E-01 1.90E-05 5.0 2.02E-06 403 250 0.50 8.62E-04 4.17E-03 1.83E-02 554 814 1.04E+00 3.20E-04 1,923 1,450 387 2,099 38 5.21E+00 1.68E-05 2.09E-01 2.15E-04 2.09E-01 1,736 1.04E-01 b. For Maricopa County HAPs for which an ambient air concentration has not already been determined, the applicant shall determine the acute and chronic ambient air concentrations according to the process i n Appendix H -Procedures F or D etermining A mbient A ir Concentrations For Hazardous Air Pollutants of these rules. c. For specific compounds included in Maricopa County HAPs listed as a group (e.g., arsenic compounds), the applicant may use an ambient a ir c oncentration d eveloped according t o the p rocess i n Appendix H-Procedures For Determining Ambient Air Concentrations For Hazardous Air Pollutants of these rules. 306.4 As part of the risk management analysis (RMA), an applicant may voluntarily propose emissions limitations under Rule 220-Non-Title V Permit Provisions, Section 304-Permits Containing Voluntarily Accepted Emissions Limitations, Co ntrols, O r O ther R equirements ( Synthetic M inor) o f t hese rules, in order to avoid being subject to HAPRACT under Section 304-CaseBy-Case HAPRACT Determination of this rule or to avoid being subject to AZMACT under Section 305-Case-By-Case AZMACT Determination of this rule. 306.5 Documentation Of Risk Management Analysis (RMA): The applicant shall document each risk management analysis (RMA) performed for each Maricopa County HAP and shall include the following information: 372.33 a. The potential maximum public exposure of the Maricopa County HAP; b. The method used to determine the potential maximum public exposure: (1) For Tier 1-Equation, the calculation demonstrating that the emissions o f t he M aricopa Co unty HAP ar e l ess t han t he health-based ambient air concentration, determined under Section 306.3(c)-Risk M anagement A nalyses-Health B ased Ambient Air Concentrations Of Maricopa County HAPs of this rule. (2) For Tier 2-SCREEN Model, the input files to and the results of the SCREEN Modeling. (3) For Tier 3-Modified SCREEN Model: (4) c. (a) The input files to and the results of the SCREEN Modeling; and (b) The permanent and enforceable institutional or engineering controls approved by the Control Officer under Section 3 06.2(c)(3)-Risk M anagement Analyses-Tier 3-Modified SCREEN Model of this rule. For Tier 4-Modified SCREEN Model Or Refined Air Quality Model: (a) The model the applicant used; (b) The input files to and the results of the modeling; (c) The m odeling protocol approved b y the Control Officer under Section 306.2(d)(3)-Risk Management Analyses-Tier 4 -Modified S CREEN M odel O r R efined Air Quality Model of this rule; and (d) The permanent and enforceable institutional or engineering controls approved by the Control Officer under Section 306.2(d)(5)-Risk Management Analyses-Tier 4 -Modified S CREEN M odel O r R efined Air Quality Model of this rule; The health-based ambient air concentrations determined under Section 306.3-Risk Management Analyses-Health Based Ambient Air Concentrations Of Maricopa County HAPs of this rule; and 372.34 d. Any v oluntary e missions l imitations t hat t he ap plicant proposes under Section 306.4-Risk Management Analyses of this rule. 306.6 An applicant may conduct a risk management analysis (RMA) for any alternative operating scenario, requested in the application, consistent with the requirements of Section 306.6-Risk Management Analyses of this rule. The al ternative o perating s cenario may allow a r ange o f o perating conditions if the Control Officer concludes that the risk management analysis (RMA) demonstrates no adverse effects to human health or adverse environmental effects fr om operations wi thin that range. Modifications to a source consistent with the alternative operating scenario are not subject to this rule. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 EFFECTIVE DATE: The provisions of this rule shall be effective June 6, 2007 and shall n ot ap ply t o p ermits o r s ignificant p ermit revisions for wh ich t he Control Officer receives t he first ap plication component before the effective date of this rule. 402 PERIODIC REVIEW: 402.1 Within one year after the Administrator adds or deletes a pollutant to the federal list of hazardous air pollutants, under Section 112(b)(2) or Section 112(b)(3) of the Clean Air Act, the Control Officer shall adopt those revisions for the Maricopa County list of HAPs in Section 301-Maricopa County L ist O f H azardous A ir P ollutants of t his r ule, unless t he Control Officer finds that there is no scientific evidence to support the revision. 402.2 The Control Officer shall review the Maricopa County list of HAPs and the ambient air concentrations once every three years. 402.3 Based upon the review, the Control Officer may revise: a. The Maricopa County list of HAPs. The Control Officer shall add any HAP to or delete any HAP from the Maricopa County list of HAPs in Section 3 01-Maricopa C ounty L ist O f H azardous A ir P ollutants o f this rule according to Section 112(b)(1) o f the Act (42 U.S.C. 7412(b)(1)). b. The acute and chronic health-based ambient air concentrations for Maricopa County HAPs; and c. The acute and chronic de minimis levels for Maricopa County HAPs. d. The list of included minor source categories in Section 102Applicability of this rule. 372.35 SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE) 372.36 Return to Table of Contents REGULATION IV - THE HEARING BOARD RULE 400 PROCEDURE BEFORE THE HEARING BOARD INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS 201 HEARING BOARD SECTION 300 - STANDARDS (NOT INCLUDED) SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 HEARING ON ORDER OF ABATEMENT 402 ACTION ON VIOLATION 403 DECISIONS OF HEARING BOARD 404 APPEALS TO THE HEARING BOARD 405 SUBPOENAS 406 EFFECTIVE DATE OF DECISIONS 407 AUTHORITY TO REVOKE 408 PUBLICATION OF HEARING 409 SERVICE OF NOTICE SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 400.1 BLANK PAGE 400.2 Revised 07/13/88 Repealed and Adopted 11/15/93 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION IV - THE HEARING BOARD RULE 400 PROCEDURE BEFORE THE HEARING BOARD SECTION 100 - GENERAL 101 PURPOSE: T o pr escribe pr ocedures t hat s hall a pply t o all hearings before the hearing board. SECTION 200 - DEFINITIONS: For the purpose of t his r ule t he f ollowing de finition s hall apply: 201 HEARING BOARD - The Maricopa County Air Pollution Control Hearing Board appointed by the Maricopa County Board of Supervisors. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 HEARING ON ORDER OF ABATEMENT: A n or der of a batement i ssued by the C ontrol O fficer shall b ecome e ffective imme diately u pon th e expiration of the time during which a r equest f or a he aring m ay be m ade pur suant t o A RS§49-511, unless the person or persons named in said order shall have made a timely request for a hearing before the hearing board. I f a hearing is requested, the hearing board shall hold the hearing within 30 da ys from receipt of the request unless said time is extended by the hearing board. W ritten notice of the time and place of the hearing shall be s ent by t he he aring boa rd by r egistered or c ertified m ail t o t he pe rson or persons requesting the hearing and to the Control Officer at least 15 days before the hearing. (ARS§49-490) 402 ACTION ON VIOLATION: I f t he he aring boa rd, a fter t he he aring, determines that the act or acts set f orth i n t he or der c onstitute a vi olation of a ny pr ovision of these rules or any requirement of a permit or conditional order i ssued pursuant to these rules and that no conditional order is justified, the hearing board shall affirm or modify the order for abatement. The order may be conditional and require a person to refrain from the particular act or acts unless certain conditions are met. (ARS§49490) 400.3 403 DECISIONS OF HEARING BOARD: A ll de cisions of t he he aring boa rd, including the majority opinion and all concurring and dissenting opinions, shall be in writing, shall be of public record, and shall be kept in the offices of the Division of Air Pollution Control. A majority of the total membership of the hearing board shall concur in a decision for it to have effect. (ARS§49-496) 404 APPEALS TO THE HEARING BOARD: Within 30 days after notice is given by the Control Officer of approval or denial or revocation of a permit, permit revision, or c onditional or der, t he a pplicant a nd a ny pe rson w ho f iled a c omment on the permit, permit revision, or c onditional or der, m ay pe tition t he he aring boa rd, i n writing, for a public hearing, which shall be held within 30 days after receipt of the petition. T he hearing board, after notice and a public hearing, may sustain, modify or reverse the action of the Control Officer. (ARS§49-482) 405 SUBPOENAS: The C hairperson, or i n t he a bsence of t he C hairperson, t he V ice Chairperson m ay i ssue s ubpoenas t o c ompel a ttendance of a ny person at hearings and require the production of books , r ecords, a nd ot her doc uments m aterial t o a hearing. O bedience t o s ubpoenas m ay be e nforced pursuant to ARS§12-2212. (ARS§49-496) 406 EFFECTIVE DATE OF DECISIONS: D ecisions of t he he aring boa rd s hall become ef fective n ot l ess t han 30 d ays af ter t hey ar e i ssued u nless a r ehearing i s granted which shall have the effect of staying the decision, or it is determined that an emergency exists which justifies an earlier effective date. (ARS§49-496) 407 AUTHORITY TO REVOKE: The hearing board may revoke or modify an order of abatement, or a permit revision only after first holding a hearing within 30 da ys from the giving of notice of such hearing. (ARS§49-498) 408 PUBLICATION OF HEARING: Any not ice of he aring r equired by t hese r ules shall be given by publication of a notice of hearing at least two times in a newspaper of g eneral c irculation publ ished i n t he c ounty c oncerned, or i f t here i s no such newspaper published in the county, in a newspaper of general circulation published in an adjoining county, and by posting copies of t he petition and not ice i n at l east three conspicuous places in the county. (ARS§49-498) 409 SERVICE OF NOTICE: If the hearing involves any violation of these rules or a conditional or der i ssued pur suant t hereto, then in addition t o t he r equirements of Section 409 of this rule, t he person allegedly committing or having committed t he violation or r equesting t he c onditional or der s hall be s erved personally or by registered mail or certified mail at least 15 days prior to the hearing with a written notice of hearing. (ARS§ 49-498) Last Formatted - Fall 1997 400.4 Return to Table of Contents REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION RULE 500 ATTAINMENT AREA CLASSIFICATION INDEX SECTION 100 - GENERAL 101 PURPOSE SECTION 200 - DEFINITIONS (NOT APPLICABLE) SEE RULE 100 (GENERAL PROVISIONS AND DEFINITIONS) OF THESE RULES FOR DEFINITIONS OF TERMS THAT ARE USED BUT NOT SPECIFICALLY DEFINED IN THIS RULE SECTION 300 - STANDARDS 301 CLASSIFICATION AND REDESIGNATION OF ATTAINMENT AREAS 302 LIMITATION OF POLLUTANTS IN CLASSIFIED ATTAINMENT AREAS SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 500.1 BLANK PAGE 500.2 Revised 07/13/88 Repealed and Adopted 11/15/93 Revised 07/26/00 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION RULE 500 ATTAINMENT AREA CLASSIFICATION SECTION 100 - GENERAL 101 PURPOSE: To set forth the criteria used to classify attainment areas and pollution standards for attainment areas. SECTION 200 - DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. SECTION 300 - STANDARDS 301 CLASSIFICATION AND REDESIGNATION OF ATTAINMENT AREAS: All attainment and unclassified areas or parts thereof shall be classified as either Class I, Class II or Class III. 301.1 Class I Areas: All of the following areas which were in existence on August 7, 1977, including any boundary changes to those areas which occurred subsequent to the date of enactment of the Clean Air Act Amendments of 1977 and before March 12, 1993, shall be Class I areas irrespective of attainment status and shall not be redesignated: a. International parks; b. National wilderness areas which exceed 5,000 acres in size; c. National parks which exceed 6,000 acres in size; d. National memorial parks which exceed 5,000 acres in size; 301.2 Class I or Class II Areas: a. The following areas shall be designated only as Class I or Class II: (1) An area, which, as of August 7, 1977, exceeds 10,000 acres in size and is a national monument, a national primitive area, a national preserve, a national recreational 500.3 area, a national wild and scenic river, a national wildlife refuge, or a national lakeshore or seashore. (2) b. A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size. All other areas, other than those areas described in subsection 301.2(a) of this rule, shall be Class II areas, unless redesignated under subsection 301.3 of this rule or subsection 301.4 of this rule. 301.3 Redesignation As Class I Area Or Class II Area: The Control Officer may request the Governor or the Governor's designee to redesignate areas of the state as Class I or Class II, provided that the following requirements are fulfilled: a. At least 1 public hearing is held in or near the area affected. b. Other states, Indian governing bodies, and Federal Land Managers whose land may be affected by the proposed redesignation are notified at least 30 days prior to the public hearing. c. A discussion document of the reasons for the proposed redesignation, including a description and analysis of health, environmental, economic, social, and energy effects of the proposed redesignation, is prepared by the Governor or the Governor's designee. The discussion document shall be made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of the availability of such discussion document. d. Prior to the issuance of notice respecting the redesignation of an area which includes any Federal lands, the Governor or the Governor's designee has provided written notice to the appropriate Federal Land Manager and afforded the Federal Land Manager adequate opportunity, not in excess of 60 days, to confer with the state respecting the redesignation and to submit written comments and recommendations. The Governor or the Governor's designee shall publish a list of any inconsistency between such redesignation and such recommendations, together with the reasons for making such redesignation against the recommendation of the Federal Land Manager, if any Federal Land Manager has submitted written comments and recommendations. e. The redesignation is proposed after consultation with the elected leadership of local governments in the area covered by the proposed redesignation. 500.4 f. The redesignation is submitted to the Administrator of the Environmental Protection Agency (EPA) as a revision to the State Implementation Plan (SIP). g. A redesignation shall not be effective until approved by the Administrator of EPA as part of an applicable implementation plan. h. Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian governing body. 301.4 Redesignation As Class III Area: The Control Officer may request the Governor or the Governor's designee to redesignate areas of the state as Class III, if all of the following criteria are met: 302 a. Such redesignation meets the requirements of subsection 301.3 of this rule. b. Such redesignation has been approved after consultation with the appropriate committee of the legislature if it is in session or with the leadership of the legislature if it is not in session. c. The general purpose units of local government representing a majority of the residents of the area to be redesignated concur in the redesignation. d. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any maximum allowable increase or maximum allowable concentration permitted under the classification of any area. e. For any new major source, as defined in Rule 240, Section 210 of these rules, or for a major modification of such source which may be permitted to be constructed and operated only if the area in question is redesignated as Class III, any permit application or related materials shall be made available for public inspection prior to a public hearing. f. The redesignation is submitted to the Administrator of EPA as a revision to the SIP. g. A redesignation shall not be effective until approved by the Administrator of EPA as part of an applicable implementation plan. h. Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian governing body. LIMITATION OF POLLUTANTS IN CLASSIFIED ATTAINMENT AREAS: 500.5 302.1 Areas designated in Class I, II or III shall be limited to the following increases in air pollutant concentrations occurring over the baseline concentration, provided that for any period other than an annual period, the applicable maximum allowable increase may be exceeded once per year at any one location: POLLUTION INCREASE LIMITS IN ATTAINMENT AREAS Maximum Allowable Increase (micrograms per cubic meter) CLASS I Particulate matter - PM10: Annual arithmetic mean 24-hour maximum Sulfur dioxide: Annual arithmetic mean 24-hour maximum 3-hour maximum Nitrogen dioxide: Annual arithmetic mean 4 8 2 5 25 2.5 CLASS II Particulate matter - PM10: Annual arithmetic mean 24-hour maximum Sulfur dioxide: Annual arithmetic mean 24-hour maximum 3-hour maximum Nitrogen dioxide: Annual arithmetic mean 17 30 20 91 512 25 CLASS III Particulate matter - PM10: Annual arithmetic mean 24-hour maximum Sulfur dioxide: Annual arithmetic mean 24-hour maximum 3-hour maximum Nitrogen dioxide: Annual arithmetic mean 34 60 40 182 700 50 302.2 The baseline concentration shall be that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. a. The major source baseline date is: 500.6 b. c. d. (1) January 6, 1975, for sulfur dioxide and particulate matter; and (2) February 8, 1988, for nitrogen dioxide. The minor source baseline date shall be the earliest date after August 7, 1977, for sulfur dioxide and particulate matter and February 8, 1988, for nitrogen dioxide, that either: (1) A major source, as defined in Rule 240, Section 210 of these rules, or a major modification submits a complete permit application to the Administrator of EPA under 40 CFR 52.21; or (2) A major source, as defined in Rule 240, Section 210 of these rules, or a major modification submits a complete permit application to the Control Officer under Rules 200, 210, 240, 245, and 270 of these rules. A baseline concentration shall be determined for each pollutant for which there is a minor source baseline date and shall include both: (1) The actual emissions representative of sources in existence on the minor source baseline date, except as provided in subsection 302.2(d) of this rule; and (2) The allowable emissions of major sources, as defined in Rule 240, Section 210 of these rules, which commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. The following shall not be included in the baseline concentration and shall affect the applicable maximum allowable increase: (1) Actual emissions from any major source, as defined in Rule 240, Section 210 of these rules, on which construction commenced after the major source baseline date; and (2) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. 302.3 The baseline date shall be established for each pollutant for which maximum allowable increases or other equivalent measures have been established if both: 500.7 a. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application under either subsections 302.2(b)(1) or 302.2(b)(2) of this rule; and b. In the case of a major source, as defined in Rule 240, Section 210 of these rules, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 302.4 The baseline area shall be any area, with any intrastate area designated as attainment or unclassifiable, in which the major source, as defined in Rule 240, Section 210 of these rules, or a major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 1 ug/m³ (annual average) of the pollutant for which the minor source baseline date is established. Area redesignation under Section 301 of this rule cannot intersect nor be smaller than the area of impact of any new major source, as defined in Rule 240, Section 210 of these rules, or a major modification which either: a. Establishes a minor source baseline date; or b. Is subject to either 40 CFR 52.21 or Rule 240, Section 308 of these rules and would be constructed in Arizona. 302.5 The maximum allowable concentration of any air pollutant in any area to which subsection 302.1 of this rule applies shall not exceed a concentration for each pollutant equal to the concentration permitted under the Maricopa County Ambient Air Quality Standards contained in Rule 510 of these rules. 302.6 For the purposes of determining compliance with the maximum allowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account: a. Concentration of such pollutant attributable to the increase in emissions from major and stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas curtailment order which is in effect under the provisions of Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, over the emissions from such sources before the effective date of such order; b. The concentration of such pollutant attributable to the increase in emissions from major and stationary sources which have converted from using gas by reason of a natural gas curtailment plan in effect under the Federal Power Act, 16 U.S.C. 792 - 825r, 500.8 over the emissions from such sources before the effective date of the natural gas curtailment plan; c. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary activities of a new or altered source; d. The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and e. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides or particulate matter from major sources, as defined in Rule 240, Section 210 of these rules, when the following conditions are met: (1) The permit issued to such sources specifies the time period during which the temporary emissions increase of sulfur dioxide, nitrogen oxides or particulate matter would occur. Such time period shall not be renewable and shall not exceed 2 years unless a longer period is specifically approved by the Control Officer. (2) No emissions increase shall be approved which would either: (3) f. (a) Impact any portion of any Class I area or any portion of any other area where an applicable incremental ambient standard is known to be violated in that portion; or (b) Cause or contribute to the violation of a state ambient air quality standard. The permit issued to such sources specifies that at the end of the time period described in subsection 302.6(e)(1) of this rule, the emissions levels from the sources would not exceed the levels occurring before the temporary emissions increase was approved. The exception granted with respect to increment consumption under subsections 302.6(a) and 302.6(b) of this rule shall not apply more than 5 years after the effective date of the order or natural gas curtailment plan on which the exception is based. 302.7 If the Control Officer determines that the SIP is substantially inadequate to prevent significant deterioration, or that an applicable maximum allowable increase as specified in subsection 302.1 of this rule is being violated, the Control Officer shall submit to the Director a proposal to revise the SIP to correct the inadequacy or the violation. The SIP shall 500.9 be revised within 60 days of such a finding by the Director, or within 60 days following notification by the Control Officer or the Administrator of EPA, or by such later date as prescribed by the Administrator of EPA after consultation with the Director. 302.8 The Control Officer shall review the adequacy of the SIP on a periodic basis and within 60 days of such time as information becomes available that an applicable maximum allowable increase is being violated. SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 500.10 Return to Table of Contents REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION RULE 510 AIR QUALITY STANDARDS INDEX SECTION 100 - GENERAL 101 PURPOSE 102 AVAILABILITY OF INFORMATION SECTION 200 - DEFINITIONS 201 PRIMARY AMBIENT AIR QUALITY STANDARDS 202 SECONDARY AMBIENT AIR QUALITY STANDARDS SECTION 300 - STANDARDS 301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM 302 PARTICULATE MATTER - 10 MICRONS OR LESS (PM10) 303 SULFUR OXIDES (SULFUR DIOXIDE) 304 OZONE 305 CARBON MONOXIDE 306 NITROGEN DIOXIDE 307 LEAD 308 POLLUTANT CONCENTRATION DETERMINATIONS 309 ADDITIONAL REQUIREMENTS 310 INCORPORATIONS BY REFERENCE 2.5) SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 510.1 BLANK PAGE 510.2 Revised 07/13/88 Revised 11/01/06 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION RULE 510 AIR QUALITY STANDARDS SECTION 100 - GENERAL 101 PURPOSE: To e stablish max imum l imiting levels fo r p ollutants e xisting i n t he ambient air which are necessary to protect human health and public welfare. 102 AVAILABILITY OF INFORMATION: Copies o f mat erials r eferenced i n Sections 3 10, 4 01.1, a nd 4 01.2 o f this r ule ar e available at 1001 N orth Central Avenue, Suite 400, Phoenix, AZ, 85004 or call (602) 506-6010. SECTION 200 - DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: 201 PRIMARY AMBIENT AIR QUALITY STANDARDS - The ambient air quality standards which define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as determined by the Arizona Department of E nvironmental Q uality an d U nited St ates Environmental P rotection Agency, and specified in this rule. 202 SECONDARY AMBIENT AIR QUALITY STANDARDS - The ambient air quality standards which define levels of air quality necessary to protect the public welfare f rom an y k nown o r an ticipated ad verse e ffects o f a p ollutant, as determined by the Arizona Department of Environmental Quality and United States Environmental Protection Agency, and specified in this rule. SECTION 300 - STANDARDS: The following are established as the primary and secondary ambient air quality standards for Maricopa County: 301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5): 301.1 Primary and Secondary Ambient Air Quality Standards for PM2.5 Annual Arithmetic Mean Concentration: The an nual ar ithmetic mean concentration shall be 15 micrograms per cubic meter (µg/m3). The s tandard s hall b e c onsidered at tained wh en t he an nual ar ithmetic 510.3 mean c oncentration, as d etermined i n ac cordance wi th 40 CF R 50, Appendix N, is less than or equal to 15 µg/m3. 301.2 Primary and Secondary Ambient Air Quality Standards for PM2.5 24-hour Average Concentration: The 24-hour average concentration shall be 65 µg/m3. The standard shall be considered attained when the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than or equal to 65 µg/m3. 302 PARTICULATE MATTER - 10 MICRONS OR LESS (PM10): 302.1 Primary and Secondary Ambient Air Quality Standards for PM10 Annual Arithmetic Mean Concentration: The an nual ar ithmetic mean concentration shall be 50 µg/m3. The standard shall be considered attained wh en t he e xpected an nual ar ithmetic mean c oncentration, as determined in accordance with 40 CFR 50, Appendix K, is less than or equal to 50 µg/m3. 302.2 Primary and Secondary Ambient Air Quality Standards for PM10 24-hour Average Concentration: The 24-hour average concentration shall be 150 µg/m3. This concentration shall not be exceeded more than once p er c alendar y ear at an y o ne l ocation. T he s tandard s hall be considered attained when the expected number of days per calendar year with a 24-hour average concentration above 150 µg/m3, as determined in accordance with 40 CFR 50, Appendix K, is less than or equal to 1. 303 SULFUR OXIDES (SULFUR DIOXIDE): 303.1 Primary Ambient Air Quality Standards for Sulfur Oxides (Measured as Sulfur Dioxide): a. Annual Arithmetic Mean Concentration: The annual arithmetic mean concentration shall be 0.030 parts per million (ppm) (80 µg/m3). This concentration shall not be exceeded in a calendar y ear. T he an nual ar ithmetic me an s hall b e r ounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm shall be rounded up). b. 24-hour Concentration: The maximum 24-hour concentration shall b e 0 .14 p pm ( 365 µg/m3). T his c oncentration s hall n ot b e exceeded more than once per calendar year at any one location. The 24-hour averages shall be determined from successive nonoverlapping 24-hour blocks starting at midnight each calendar day an d s hall b e r ounded t o t wo d ecimal p laces (fr actional p arts equal to or greater than 0.005 ppm shall be rounded up). 303.2 Secondary Ambient Air Quality Standard for Sulfur Oxides (Measured as Sulfur Dioxide) 3-Hour Concentration: The maximum 3 -hour c oncentration s hall b e 0. 5 p pm (1300 µg /m3). T his 510.4 concentration shall not be exceeded more than once per calendar year at any one location. The 3-hour averages shall be determined from successive nonoverlapping 3-hour blocks starting at midnight each calendar day and shall be rounded to 1 decimal place (fractional parts equal to or greater than 0.05 ppm shall be rounded up). 304 OZONE: Primary and Secondary Ambient Air Quality Standards for Ozone Eighthour Average Concentration: The daily maximum eight-hour average concentration shall be 0.08 ppm. The standard shall be considered attained at an ambient air quality monitoring site when the av erage of t he annual fourthhighest d aily max imum eight-hour av erage o zone c oncentration, as d etermined in accordance with 40 CFR 50, Appendix I, is less than or equal to 0.08 ppm. 305 CARBON MONOXIDE: 305.1 Primary Ambient Air Quality Standards for Carbon Monoxide: a. One-hour Average Concentration: The m aximum o ne-hour average c oncentration shall b e 35 p pm (40 mg /m3). T his concentration s hall n ot b e e xceeded m ore t han o nce p er y ear a t any one location. b. Eight-hour Average Concentration: The maximum eight-hour This average concentration shall be 9 ppm (10 mg/m3). concentration s hall n ot b e e xceeded m ore t han o nce p er y ear a t any one location. An eight-hour average shall be considered valid if at l east 75% o f t he h ourly av erages fo r t he e ight-hour p eriod are available. In the event that only six or seven hourly averages are available, the eight-hour average shall be computed on the basis of the hours available using 6 or 7 as the divisor. 305.2 When summarizing data for comparison with the standards, averages shall b e s tated to o ne decimal p lace. Co mparison o f t he d ata wi th t he levels of the standards in ppm shall be mad e in terms of i ntegers with fractional parts of 0.5 or greater rounding up. 306 NITROGEN DIOXIDE: Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide Annual Arithmetic Mean Concentration: The an nual ar ithmetic mean c oncentration s hall b e 0. 053 p pm (100 µ g/m3). The s tandard s hall b e considered attained when the annual arithmetic mean concentration in a calendar y ear i s less t han o r e qual t o 0. 053 p pm, r ounded t o three d ecimal places, wi th fr actional p arts e qual t o o r g reater t han 0. 0005 p pm r ounded u p. To demonstrate attainment, an annual mean shall be based upon hourly data 510.5 that is at least 75% complete, or upon data derived from manual methods that is at least 75% complete for the scheduled sampling days in each calendar quarter. 307 LEAD: Primary and Secondary Ambient Air Quality Standards for Lead Quarterly Maximum Arithmetic Mean Concentration: The maximum arithmetic mean concentration for lead and its compounds, measured as elemental lead, shall be 1.5 µg/m3, as averaged over a calendar quarter. 308 POLLUTANT CONCENTRATION DETERMINATIONS: concentrations shall be measured by the following methods: Pollutant 308.1 Appendices to 40 CFR 50: Pollutant concentrations shall be measured by the following appendices to 40 CFR 50: Pollutant 40 CFR 50 Particulate Matter (PM2.5) Particulate Matter (PM10) Sulfur Oxides (Sulfur Dioxide) Ozone Carbon Monoxide Nitrogen Dioxide Lead Appendix Appendix Appendix Appendix Appendix Appendix Appendix L J A D C F G 308.2 Reference or Equivalent Methods: Pollutant concentrations shall also be measured by: a. A me thod o f me asurement t hat h as b een designated as a reference o r equivalent me thod b y t he A dministrator ac ting pursuant to 40 CFR 53; or b. A method of measurement that, though not designated as a reference or equivalent method, has been approved for use by the Administrator acting pursuant to 40 CFR 58, Appendix C. Such method shall be subject to any restrictions placed on its use by the Administrator. 308.3 Method Withdrawal: The c ancellation o r s upersession o f d esignation of a reference or equivalent method by the Administrator acting pursuant to 40 CFR 53.11 or 53.16, shall also amount to a withdrawal of the authorization for use of that method for purposes of this regulation. 309 ADDITIONAL REQUIREMENTS: 510.6 309.1 Quality assurance, monitor siting, and sample probe installation procedures s hall b e i n a ccordance wi th the procedures d escribed i n t he Appendices to 40 CFR 58. 309.2 Unless otherwise specified, interpretation of all ambient air quality standards contained in this rule shall be in accordance with 40 CFR 50. 309.3 The evaluation of air quality data in terms of procedure, methodology, and concept is to be consistent with methods described in 40 CFR 50. 310 INCORPORATIONS BY REFERENCE: The CFR references listed below are incorporated by reference in Appendix G of these rules: 40 CFR 50; 40 CFR 50, Appendices A through N; 40 CFR 53; 40 CFR 58.26 and 40 CFR 58.50; and 40 CFR 58, all appendices. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA: 401.1 Annual Air Quality Monitoring Report: The Control Officer shall submit to the Administrator an annual summary report that at a minimum meets the requirements of 40 CFR 58.26 and 40 CFR 58, Appendix F. The annual report will be made available to the public at the address listed in Section 102 of this rule. 401.2 Daily Air Quality Index (AQI) Report: The Co ntrol O fficer s hall report to the general public an AQI that at a minimum meets the requirements of 40 CFR 58.50 and 40 CFR 58, Appendix G. The AQI will also be made available to the public at the address listed in Section 102 of this rule. SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 510.7 BLANK PAGE 510.8 Return to Table of Contents REGULATION VI - EMERGENCY EPISODES RULE 600 EMERGENCY EPISODES INDEX SECTION 100 - GENERAL 101 PURPOSE 102 EPISODE PROCEDURES GUIDELINES SECTION 200 - DEFINITIONS 201 EMERGENCY EPISODE PLAN SECTION 300 - STANDARDS 301 EPISODE LEVEL CRITERIA 302 CONTROL ACTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 EPISODE TERMINATION 402 COORDINATION WITH THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) 600.1 BLANK PAGE 600.2 Revised 07/13/88 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION VI - EMERGENCY EPISODES RULE 600 EMERGENCY EPISODES SECTION 100 - GENERAL 101 PURPOSE: To establish criteria used to d etermine a ir p ollution e mergency episodes a nd t he a ppropriate c ontrol actions. T his r ule de scribes c ontrol a nd advisory procedures reached at each of the three episode levels. 102 EPISODE PROCEDURES GUIDELINES: Guidelines f or t he pr ocedures a nd communication steps to be followed during an air pollution episode are presented in Appendices D and E of the Arizona Air Pollution Control Implementation Plan. SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definition shall apply: 201 EMERGENCY EPISODE PLAN - A system designed to reduce the levels of air contaminants which may reach or have reached the level which may be harmful to health, and to protect that portion of the population at risk. SECTION 300 - STANDARDS 301 EPISODE LEVEL CRITERIA: A n a ir pol lution a lert, w arning or e mergency shall be declared when the following air pollutant concentrations are exceeded at any monitoring s ite a nd w hen me teorological c onditions in dicate that there will be a recurrence of t hose c oncentrations f or t he s ame pol lutant(s) dur ing t he s ubsequent 24-hour period: EPISODE LEVEL CRITERIA Pollutant Sulfur Dioxide (ug/m3) Pollutant Averaging Time 24-hr Alert 800 Warning 1,600 Emergency 2,100 Averaging Time Alert Warning Emergency 600.3 302 Small Particulates (PM10) (ug/m3) 24-hr 350 420 500 Total Particulates (ug/m3) 24-hr 375 625 875 Sulfur Dioxide and Particulates Combined (ug/m3) 24-hr 6.5x104 26.1x104 39.3x104 Ozone (ug/m3) 1-hr 400 (0.2ppm) 800 (0.4ppm) 1,000 (0.5ppm) Nitrogen Dioxide (ug/m3) 1-hr 24-hr 1,130 282 2,260 565 3,000 750 Carbon Monoxide mg/m3 8-hr 17 (15 ppm) 34 (20 ppm) 46 (40 ppm) CONTROL ACTIONS: When an air pollution a lert, w arning or e mergency ha s been declared, one or more of the control actions as applicable to the source emitting the pollutant of concern shall be implemented in the affected area. 302.1 Control Actions - Air Pollution Alert a. All permits to burn shall be suspended until further notice. T he forest service shall be notified to postpone slash burning in affected areas. b. Incineration shall be limited to the hours of 12 noon to 4:00 p.m. c. Those manufacturing facilities w ith pr earranged e mission r eduction plans as noted in the S tate Air P ollution C ontrol Implementation Plan shall be notified to in itiate a lert s tage c ontrol a ctions. O ther s ources shall be notified to minimize e missions b y c urtailing o r d eferring operations not on a required schedule and by maximizing the collection efficiency of control equipment. Emissions from batch operations shall be limited to the hours of 12 noon to 4:00 p.m. d. The publ ic s hall be r equested t o vol untarily e liminate all unnecessary usage of motor vehicles. 600.4 302.2 Control Actions - Air Pollution Warning a. Burning of refuse, vegetation, trade w astes, a nd de bris s hall not be permitted by any person. b. Use of incinerators shall be prohibited. c. Those manufacturing facilities w ith pr earranged e mission r eduction plans a s not ed i n t he A rizona A ir P ollution C ontrol Implementation Plan s hall be not ified t o i nitiate warning stage control a ctions. O ther sources shall be notified to initiate a 40 pe rcent or greater reduction in emissions by c urtailment or c essation of ope rations. All processing industries shall be requested to effect a maximum reduction in heat load demands. d. If possible, power plant generating loads shall be transferred outside the affected area. P ower pl ant production s hall be reduced by purchase of available energy from neighboring utilities. e. Highway c onstruction a nd pa ving a ctivities s hall b e h alted. A ll s oil removal or g rading ope rations a t ot her c onstruction sites shall be postponed. f. Dust pr oducing c rop pr eparation a nd c ultivation a ctivities s hall be postponed. A m aximum r eduction i n a gricultural pr ocessing a nd handling operations shall be effected. g. The public shall be requested to voluntarily reduce motor vehicle usage by use of carpools and other means of transportation and elimination of unnecessary operation. 302.3 Control Actions - Air Pollution Emergency a. Those manufacturing facilities w ith pr earranged e mission r eduction plans a s not ed i n t he A rizona A ir P ollution C ontrol Implementation Plan shall be notified to initiate emergency stage control actions. Other manufacturing establishments shall cease operations as directed by the Governor. b. As di rected by t he G overnor, a ll commercial, governmental, and institutional e stablishments, e xcept th ose v ital f or p ublic s afety a nd welfare an d en forcement o f t he em ergency ep isode control actions, shall be closed. 600.5 c. Generating loads a t pow er pl ants s hall be r educed f urther, r esulting from industrial and commercial cutbacks. d. All construction shall be halted as directed by the Governor except that which must proceed to avoid emergent physical harm. e. As directed by the Governor, use of motor vehicles shall be prohibited except in emergencies with approval of the local police. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 EPISODE TERMINATION: Once declared, any status reached by application of these criteria shall remain in effect until the criteria for that level are no longer met. At such time, the next lower status will be assumed. 402 COORDINATION WITH THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY: When the conditions j ustifying t he proclamation of an air pollution alert, warning, or emergency are determined to exist in a ny pl ace i n M aricopa C ounty, t he C ontrol O fficer s hall be g uided by t he following c riteria a s e stablished b y state regulation R18-2-219, a nd c ooperate directly with the State Director, Arizona Department of Environmental Quality in all pertinent areas of control and surveillance. 402.1 If t he average wind s peed for 24 hour s i s greater t han 9.0 miles per hour, the criteria l evels f or p articulates an d s ulfur d ioxide an d p articulates combined shall not apply and no source control actions shall be taken. 402.2 If, after an alert or warning episode l evel h as b een d eclared, an d ai r pollution c oncentrations a nd m eteorological c onditions do not deteriorate further, or improve after 48 hour s and control actions have been taken, the next hi gher e pisode s hall be de clared a nd i ts a ssociated c ontrol actions implemented. Last Formatted - Fall 1997 600.6 Return to Table of Contents MARICOPA COUNTY ORDINANCE P–21 VEHICLE IDLING RESTRICTION INDEX B. APPLICABILITY SECTION 1 - GENERAL A. PURPOSE SECTION 2 - DEFINITIONS A. COMBINATION OF DEVICES B. DISTRIBUTION CENTER C. GROSS VEHICLE WEIGHT RATING D. IDLING E. POWER TAKE OFF (PTO) MECHANISM F. PRIMARY PROPULSION ENGINE G. TRUCK STOP H. VEHICLE SECTION 3 – REQUIREMENTS A. ORDINANCE B. VIOLATION C. SIGN SECTION 4 – EXEMPTIONS 1 A. TRAFFIC EXEMPTION B. EMERGENCY EXEMPTION C. MECHANICAL OPERATIONS EXEMPTION D. WARM UP AND COOL DOWN EXEMPTION E. PASSENGER COMFORT EXEMPTION F. HOURS OF SERVICE EXEMPTION 2 Adopted 6/26/2002 MARICOPA COUNTY ORDINANCE P-21 VEHICLE IDLING RESTRICTION SECTION 1 - GENERAL A. PURPOSE: The Vehicle Idling Restriction Ordinance restricts, from idling for more than five (5) consecutive minutes, any device or combination of devices that meets all of the following criteria: 1. designed with a gross vehicle weight rating of more than 14,000 pounds; and 2. required under Arizona law (Arizona Revised Statute [ARS] Title 28 Chapters 7 and 9) to be registered; and 3. designed to operate on public highways; and 4. powered by a diesel engine. B. APPLICABILITY: This Vehicle Idling Restriction Ordinance applies to vehicle idling within Maricopa County. SECTION 2 - DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. COMBINATION OF DEVICES – The coupling of two or more pieces of equipment that consist of the device which contains the diesel engine and an attached piece of equipment, which includes but is not limited to a trailer, cement mixer, refrigeration unit or automobile. B. DISTRIBUTION CENTER – A place with multiple bays where vehicles load or unload materials. C. GROSS VEHICLE WEIGHT RATING – The maximum vehicle weight for which the vehicle is designed as established by the manufacturer. 1 D. IDLING – The operation of a diesel engine when the engine is not engaged in gear. 2 1 Mirrors the definition in R18-2-1001.36. 3 E. POWER TAKE OFF (PTO) MECHANISM – A unit that provides power from the engine to a trailer or other equipment. F. PRIMARY PROPULSION ENGINE – Any engine for which the primary function is to provide mechanical power to propel or direct a vehicle, regardless of whether that power is applied directly to the propeller shaft or indirectly by way of an electrical system. G TRUCK STOP – A place of business that provides services to drivers and their vehicles in which the service time may exceed one (1) hour. H. VEHICLE – Any device or combination of devices with a gross vehicle weight rating of more than 14,000 pounds, required under Arizona law (ARS Title 28 Chapters 7 and 9) to be registered, designed to operate on public highways and powered by a diesel engine. 3 2 Federal definition: "Curb-idle" means: (1) For manual transmission code light-duty trucks, the engine speed with the transmission in neutral or with the clutch disengaged. For automatic transmission code light-duty trucks, curb-idle means the engine speed with the automatic transmission in the Park position (or Neutral position if there is no Park position); (2) For manual transmission code heavy-duty engines, the manufacturer's recommended engine speed with the clutch disengaged. For automatic transmission code heavy-duty engines, curb idle means the manufacturer's recommended engine speed with the automatic transmission in gear and the output shaft stalled. 3 Note: AAC R18-2-101(69): "motor vehicle" means any self-propelled vehicle designed or transporting persons or property on public highways; ARS 44-1301: “motor vehicle” means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport person or property and propelled by power other than muscular power, but motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds; ARS 49-541(16): “Vehicle” means any automobile, truck, truck tractor, motor bus or self-propelled or motor-driven vehicle registered or to be registered in this state and used upon the public highways of this state for the purpose of transporting persons or property, except implements of husbandry, road rollers or road machinery temporarily operated upon the highway. ARS 49-581: “Motor vehicle” means any self-propelled vehicle including a car, van, bus or motorcycle and all other motorized vehicles; ARS 28-101(29): "Motor vehicle": (a) means either: (i) A self-propelled vehicle; (ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel. (b) Does not include a motorized wheelchair or a motorized skateboard. For the purposes of this subdivision: (i) “motorized wheelchair” means a self-propelled wheelchair that is used by a person for mobility. (Ii) “motorized skateboard” means a self-propelled device that has a motor, a deck on which a person may ride and at least two tandem wheel in contact with the ground. ARS 28-101(50): "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying. 4 SECTION 3 – REQUIREMENTS A. ORDINANCE – No owner or operator of a vehicle shall permit the engine of such vehicle to idle for more than five (5) consecutive minutes except as provided in Section 4 (Exemptions) of this ordinance. B. VIOLATION – Any owner or operator who violates this ordinance is subject to a civil penalty of $100 for the first violation and $300 for a second or any subsequent violation. 4 C. SIGN – Each truck stop owner or operator and distribution center owner or operator shall erect and maintain a permanent sign(s) that is at least 12 inches by 18 inches in size indicating that the maximum idle time allowed in Maricopa County is 5 minutes. The sign(s) shall be posted in a conspicuous location, near the dispatcher, if applicable. In addition to the above, the sign shall at a minimum contain language outlining the following: 1. The County's vehicle idling information line, and 2. The amount of money the violator will be fined. SECTION 4 – EXEMPTIONS: This ordinance shall not apply when: A. A vehicle is forced to remain motionless because of traffic or adverse weather conditions affecting the safe operation of the vehicle. ARS 28-101 (51): "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn. ARS 28-101 (52): "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks. ARS 28-101 (53): "Vehicle transporter" means either: (a) A truck tractor capable of carrying a load and drawing a semitrailer; (b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer. R17-4-435: “Motor carrier” as defined in ARS § 28-5201 except a motor carrier transporting passengers for hire in a vehicle with a design capacity of 6 or fewer persons. ARS 28-5201: "Motor vehicle" means a self-propelled motor driven vehicle or vehicle combination, except a lightweight motor vehicle, that is used on a public highway in the furtherance of a commercial enterprise. In research done by ADEQ, no definitions exist for “heavy duty motor vehicle,” or “heavy duty diesel engine.” 4 Attorney General's Office (AGO) interpretation is that ARS Title 28 allows any law enforcement officer to enforce ARS 11-876, which authorized this ordinance, on private and/or public property. 5 B. A vehicle is being operated for emergency or law enforcement purposes. C. The primary propulsion engine of a vehicle meets all of the following criteria: 1. is providing a power source necessary for mechanical operations other than propulsion; and 2. involves a power take off (PTO) mechanism, or other mechanical device performing the same function as a PTO; and 3. is powered by the engine for: a. loading and unloading cargo, or b. mixing or processing cargo, or c. controlling cargo temperature, or d. providing a mechanical extension to perform work functions. D. The primary propulsion engine of a vehicle is being operated at idle to conform to manufacturer’s warm up and cool down specifications, for maintenance or diagnostic purposes, or by manufacturers engaging the engines in testing for research and development. E. The primary propulsion engine of a vehicle is being operated to supply heat or air conditioning necessary for passenger comfort/safety in those vehicles operating for commercial passenger transportation or school purposes up to a maximum of 30 minutes/hour. If ambient temperatures exceed 75 degrees Fahrenheit, passenger buses are allowed to idle up to a maximum of 60 minutes in any 90-minute time period. F. The primary propulsion engine of a vehicle is being operated to comply with the U.S. Code of Federal Regulation 49 CFR Part 395 and the Arizona Department Of Transportation (DOT) regulation R17-5-202 referencing hours of service restrictions. 6 Return to Table of Contents MARICOPA COUNTY ORDINANCE P–25 LEAF BLOWER RESTRICTION INDEX SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS A. AREA A B. ENFORCEMENT OFFICER C. LANDSCAPE DEBRIS D. LEAF BLOWER E. PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUSTGENERATING OPERATIONS F. PERSON G. PUBLIC ROADWAY H. STABILIZED SURFACE SECTION 3 – REQUIREMENTS A. RESTRICTED OPERATION OF A LEAF BLOWER B. VIOLATIONS, NOTICES AND PENALTIES SECTION 4 – EXEMPTIONS A. SITES WITH PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST GENERATING OPERATIONS P-25.1 BLANK PAGE P-25.2 Adopted 02/20/08 MARICOPA COUNTY ORDINANCE P–25 LEAF BLOWER RESTRICTION SECTION 1 – GENERAL A. PURPOSE: The Leaf Blower Restriction Ordinance prohibits the use of leaf blowers for the following activities: 1. Blowing of landscape debris into public roadways; and 2. Operating leaf blowers on surfaces that have not been stabilized. B. APPLICABILITY: The Leaf Blower Restriction Ordinance applies to the operation of leaf blowers in sections of Area A that are within Maricopa County, including those areas within incorporated cities and towns in such sections. SECTION 2 – DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. AREA A – As defined in Arizona Revised Statutes (ARS) §49-541(1), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East B. ENFORCEMENT OFFICER – Any officer of Maricopa County that has authority to enforce County rules, regulations and ordinances. C. LANDSCAPE DEBRIS – Debris generated or accumulated as a result of, or moved in the course of, landscape operations. Landscape debris includes, but is not limited to, grass clippings, leaves, branches, vegetative matter, rubbish, soil and rock. P-25.3 D. LEAF BLOWER – Any device that generates a stream of air that is designed, or used, to move landscape debris. E. PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUSTGENERATING OPERATIONS – Any site that has been issued a permit by the Control Officer as required by Rule 200 §305 of the Maricopa County Air Pollution Control Rules and Regulations. F. 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. G. PUBLIC ROADWAY – Any street, alley, road, highway or thoroughfare of any kind that is used by the public or that is open to the public as a matter of right, including those roadways within gated communities, for the purpose of vehicular travel. H. STABILIZED SURFACE – As defined in A.R.S.§11-877(A)(3), stabilized surfaces are surfaces that have been treated with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, grass or other continuous vegetative cover, or any combination of these stabilizers. SECTION 3 – REQUIREMENTS A. RESTRICTED OPERATION OF A LEAF BLOWER: 1. A person shall not operate a leaf blower in a manner that causes landscape debris to be blown into a public roadway. 2. A person shall only operate leaf blowers on a stabilized surface. B. VIOLATIONS, NOTICES, AND PENALTIES: 1. When the Enforcement Officer has reasonable cause to believe that any person has violated or is in violation of any provision of this ordinance, the Enforcement Officer shall issue, for the first violation of this ordinance, a warning notice stating which requirement of the ordinance was violated. 2. The Enforcement Officer may impose a civil penalty of $50 for the second violation of this ordinance. Upon a third violation of this ordinance, the Enforcement Officer may impose a civil penalty of $100. After the fourth and subsequent violations of this ordination, the Enforcement Officer may impose a civil penalty of $250. P-25.4 SECTION 4 – EXEMPTIONS A. SITES WITH PERMITS FOR THE CONTROL OF FUGITIVE DUST FROM DUST-GENERATING OPERATIONS: Any site that has been issued a permit by the Control Officer for the control of fugitive dust from dust-generating operations is exempt from all sections of this ordinance. P-25.5 BLANK PAGE P-25.6 Return to Table of Contents MARICOPA COUNTY ORDINANCE P–26 RESIDENTIAL WOODBURNING RESTRICTION INDEX SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS A. ADEQUATE SOURCE OF HEAT B. APPROVED WOODBURNING DEVICE C. AREA A D. BURN-DOWN PERIOD E. CARBON MONOXIDE (CO) STANDARD F. CHIMNEY G. INAPPROPRIATE FUEL H. NONATTAINMENT AREA I. OUTDOOR FIRE PITS J. OZONE STANDARD K. PARTICULATE MATTER NO-BURN STANDARD L. PARTICULATE MATTER STANDARDS M. RESIDENTIAL WOODBURNING DEVICE N. RESTRICTED-BURN PERIOD O. SOLE SOURCE OF HEAT P. WOODBURNING CHIMINEA SECTION 3 – BURNING RESTRICTIONS A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS B. UNLAWFUL OPERATION C. LAWFUL OPERATION D. DECLARATION OF A RESTRICTED-BURN PERIOD E. VIOLATIONS, NOTICES, AND PENALTIES P-26.1 SECTION 4 – EXEMPTIONS A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION C. EMERGENCY EXEMPTION D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION E. APPLICATION FOR AN EXEMPTION F. ACTION ON AN EXEMPTION APPLICATION P-26.2 Adopted 10/05/94 Revised 04/21/99 Revised 11/17/99 Revised 03/26/08 MARICOPA COUNTY ORDINANCE P–26 RESIDENTIAL WOODBURNING RESTRICTION SECTION 1 – GENERAL A. PURPOSE: The Residential Woodburning Restriction Ordinance restricts residential woodburning in a non-approved device, outdoor fire pits, woodburning chimineas, and similar outdoor fires when monitoring or forecasting indicates that air quality standards are likely to be exceeded. B. APPLICABILITY: The Residential Woodburning Restriction Ordinance applies to any residential woodburning device, outdoor fire pits, woodburning chimineas, and similar outdoor fires that are within Maricopa County or within incorporated cities and towns in such sections. The Residential Woodburning Restriction Ordinance does not apply to barbecue devices and mesquite grills. SECTION 2 – DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. ADEQUATE SOURCE OF HEAT – A permanently installed furnace or heating system, connected to or disconnected from its energy source, designed to heat utilizing oil, natural gas, electricity, or propane, and designed to maintain a minimum of 70° Fahrenheit at a point three feet above the floor in all normally inhabited areas of a residence. B. APPROVED WOODBURNING DEVICE – The following residential devices shall be approved woodburning devices, even though such devices may burn a solid fuel other than wood: 1. A device that has been certified by the Environmental Protection Agency (EPA) as conforming to Phase II EPA Standards of Performance for Wood Heaters in 40 Code of Federal Regulations (CFR) 60, Subpart AAA as amended through July 1, 2006. 2. Any pellet stove. 3. Any gas burning hearth appliances, including a dedicated gas logset permanently installed in any kind of indoor or outdoor woodburning fireplace which is designed to burn exclusively natural gas or propane. P-26.3 4. Any masonry heater or any other solid fuel burning device that meets performance standards that are equivalent to the standards in 40 CFR 60, Subpart AAA as amended through July 1, 2006, and that is approved by the Control Officer and the Administrator of EPA. C. AREA A – As defined in Arizona Revised Statutes (A.R.S.)§49-541(1), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East D. BURN-DOWN PERIOD – That period of time, not to exceed three hours after declaring a restricted-burn period, required for the cessation of combustion within any residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire by withholding fuel or by modifying the air-to-fuel ratio. E. CARBON MONOXIDE (CO) STANDARD – The maximum allowable eight-hour concentration that is nine parts of contaminant per million parts of air by volume (ppm). F. CHIMNEY – A passage for smoke that is usually made of bricks, stone, or metal and often rises two feet above the roof of a building. An approved, factory-built chimney will have a label on each chimney connector and gas vent specifying that such chimney can be used for all fuels and will show the minimum safe clearances to combustibles. G. INAPPROPRIATE FUEL – Includes, but is not limited to: leaves, grass clippings, green plants, refuse, paper, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, tar, asphalt products, waste petroleum products, paints and solvents, chemically soaked wood, wood with a moisture content of greater than 20 percent, treated wood, plastic or plastic products, rubber or rubber products, office records, sensitive or classified wastes, or any substance which normally emits dense smoke or obnoxious odors other than paper to start the fire or properly seasoned wood. H. NONATTAINMENT AREA – An area so designated by the Administrator of the EPA, acting pursuant to Section 107 of the Clean Air Act, as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants. P-26.4 I. OUTDOOR FIRE PITS – Any combustion of material outdoors, where solid fuels including wood or any other non-gaseous or non-liquid fuels are burned in the fuel bed, and the products of combustion are not directed through a flue or chimney. J. OZONE STANDARD – The maximum allowable eight-hour concentration within a 24hour period (midnight to midnight) that is 0.08 parts of contaminant per million parts of air by volume (ppm). K. PARTICULATE MATTER NO-BURN STANDARD – If either of the following maximum allowable 24-hour concentrations is forecast for particulate matter: PM10 – 120 micrograms per cubic meter; PM2.5 – 30 micrograms per cubic meter. L. PARTICULATE MATTER STANDARDS – The maximum allowable 24-hour concentration that is: PM10 – 150 micrograms per cubic meter; PM2.5 – 35 micrograms per cubic meter. M. RESIDENTIAL WOODBURNING DEVICE – A woodburning device designed for solid fuel combustion so that usable heat is derived for the interior of a residence. These devices can be used for aesthetic or space-heating purposes. N. RESTRICTED-BURN PERIOD – A condition declared by the Control Officer whenever meteorological conditions are conducive to an accumulation of CO, ozone and/or particulate matter in exceedance of the standards or when air quality reaches other limits established by the Control Officer. O. SOLE SOURCE OF HEAT – One or more residential woodburning devices which constitute the only source of heat in a residence and/or the sole source of fuel for cooking for a residence. No residential woodburning device shall be considered the sole source of heat if the residence is equipped with a permanently installed furnace or heating system which utilizes oil, natural gas, electricity, or propane and which is designed to heat the residence whether or not such furnace or heating system is connected to or disconnected from its energy source. However, this definition shall not supersede municipal or County Building Code requirements as per authority of A.R.S. §§ 9-499.01, 9-240(B)(7), 9276(A)(13)–(A)(15), A.R.S. § 9-801 et seq. P. WOODBURNING CHIMINEA – Chimineas are burning devices made from clay, aluminum, or steel and are used for warmth and aesthetics outside in yards and patios. Chimineas are designed to burn solid fuels. P-26.5 SECTION 3 – BURNING RESTRICTIONS: A. RESTRICTED OPERATION DURING RESTRICTED-BURN PERIODS: During a declared restricted-burn period, a person shall be restricted from operating a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire, in sections of Area A that are within Maricopa County or within incorporated cities and towns in such sections. Exemptions to this requirement are described in Section 3(C) and Section 4 of this ordinance. B. UNLAWFUL OPERATION: A person shall: 1. Not operate a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire such that emissions to the atmosphere are visible during a restricted-burn period declared by the Control Officer. 2. Not operate a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire unless such residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire has been installed according to the instructions and restrictions specified by the manufacturer. 3. Not use a fuel in a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire except those fuels that are recommended by the manufacturer. 4. Not burn inappropriate fuel in a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire. C. LAWFUL OPERATION: 1. During a declared restricted-burn period, a person may operate a residential woodburning device if the Control Officer has issued an exemption for such device according to Section 4 of this ordinance and if no visible emissions to the atmosphere are produced after 20 consecutive minutes immediately following an ignition of or a refueling of such residential woodburning device. 2. During a declared restricted-burn period, a person may operate a residential woodburning device if such device meets the requirements of Maricopa County Air Pollution Control Regulations Rule 318 (Approval of Residential Woodburning Devices) and if no visible emissions to the atmosphere are produced after 20 consecutive minutes immediately following an ignition of, or a refueling of, such residential woodburning device. 3. During a declared restricted-burn period, a person may operate a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire, if such device is designed to burn exclusively natural gas or propane. P-26.6 D. DECLARATION OF A RESTRICTED-BURN PERIOD: 1. The Control Officer shall declare a restricted-burn period if, after reviewing available meteorological data, atmospheric conditions, and ambient temperatures, the Control Officer determines that air pollution levels could exceed the carbon monoxide (CO) standard, the ozone standard, and/or the particulate matter no-burn standard. 2. A person responsible for a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire, excluding those devices described in Section 3(C) of this ordinance, already in operation at the time a restricted-burn period is declared shall withhold new fuel from the residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire for the duration of the restricted-burn period. 3. Any person operating or in control of a residential woodburning device, outdoor fire pit, woodburning chiminea, or similar outdoor fire in sections of Area A that are within Maricopa County or within incorporated cities and towns in such sections has a duty to know when a restricted-burn period has been declared. 4. Notice of a restricted-burn period shall be distributed over the wire service to electronic and print media and/or announced by a recorded telephone message at least three hours before initiating any enforcement action for a violation of this ordinance. E. VIOLATIONS, NOTICES, AND PENALTIES: For purposes of this ordinance, and in accordance with A.R.S. §11-871(D): 1. When the Control Officer has reasonable cause to believe that any person has violated or is in violation of any provision of this ordinance, the Control Officer shall issue, for the first violation of this ordinance, a warning notice which includes a summary of the Maricopa County Residential Woodburning Restriction Ordinance and information on proper woodburning techniques. 2. The Control Officer may impose a civil penalty of $50 to any person who violates this ordinance for the second violation within a one year period after having been issued a warning notice for the first violation of this ordinance. 3. For the third violation of this ordinance, the Control Officer may impose a civil penalty of $100. The Control Officer may impose a civil penalty of $250 for the fourth or any subsequent violation of this ordinance. After having been issued a citation for a violation of this ordinance, the violation may be refuted by demonstration that the smoke was not caused by a residential woodburning device, an outdoor fire pit, a woodburning chiminea, or similar outdoor fire or by proof of an exemption pursuant to Section 4 of this ordinance. 4. Only those violations of this ordinance which have occurred within one year of a present offense shall be considered as prior violations. No person shall be cited for a P-26.7 violation of this ordinance more than once in any calendar day. Each day of violation constitutes a separate offense. SECTION 4 – EXEMPTIONS A. RESIDENTIAL SOLE SOURCE OF HEAT EXEMPTION: The Control Officer may grant a residential sole source of heat exemption if the Control Officer determines that a residential woodburning device meets the criteria of sole source of heat as described in Section 2(O) of this ordinance. The recipient of a residential sole source of heat exemption must apply annually to the Control Officer for renewal of such exemption, if such exemption is still necessary. The Control Officer shall not issue a residential sole source of heat exemption after December 31, 1995. However, the Control Officer may renew a residential sole source of heat exemption if such exemption was issued before December 31, 1995 and if the residential woodburning device meets the criteria of sole source of heat as described in Section 2(O) of this ordinance. B. TEMPORARY SOLE SOURCE OF HEAT EXEMPTION: The Control Officer may issue a temporary sole source of heat exemption for economic or health reasons if the Control Officer determines that the applicant qualifies for financial assistance, according to the economic guidelines established under the Food Stamps, Medicaid, or low income energy assistance programs, as administered by the Income Support Division, or if the Control Officer determines that failure to grant a temporary sole source of heat exemption would endanger the health of the applicant. A temporary sole source of heat exemption shall not be issued for more than 150 days. C. EMERGENCY EXEMPTION: The Control Officer may issue an emergency exemption if the Control Officer determines that an emergency situation exists. An emergency exemption shall be valid for a period determined by the Control Officer, but shall not exceed one year from the date it is issued. An emergency situation shall include, but is not limited to, the following: 1. A situation where a person demonstrates that his heating system, other than a residential woodburning device, is inoperable for reasons other than his own actions; or 2. A situation where a person demonstrates that his heating system has been involuntarily disconnected by a utility company or other fuel supplier. D. INADEQUATE ALTERNATE SOURCE OF HEAT EXEMPTION: The Control Officer may issue an inadequate alternate source of heat exemption if the Control Officer determines: 1. That there is a heat source other than a residential woodburning device available to the residence; P-26.8 2. That such heat source is not a sole source of heat, as defined in Section 2(O) of this ordinance, and that such heat source is used in conjunction with a residential woodburning device; 3. That such heat source is not an approved woodburning device, as defined in Maricopa County Air Pollution Control Regulations Rule 318 (Approval of Residential Woodburning Devices); and 4. That such heat source is not an adequate source of heat, as defined in Section 2(A) of this ordinance. The recipient of an inadequate alternate source of heat exemption must comply with municipal or County Building Code requirements (as per authority of A.R.S. §§ 9499.01, 9-240(B)(7), 9-276(A)(13)–(A)(15), A.R.S. § 9-801 et seq.) and must apply annually to the Control Officer for renewal of such exemption, if such exemption is still necessary. The Control Officer shall not issue an inadequate alternate source of heat exemption after December 31, 1995. However, the Control Officer may renew an inadequate alternate source of heat exemption, if such exemption was issued before December 31, 1995 and if the residential woodburning device meets the criteria of this ordinance. E. APPLICATION FOR AN EXEMPTION: Any person seeking an exemption shall do so by submitting an acceptable written application to the Control Officer. An application shall state: 1. The applicant's name and mailing address; 2. The address for which the exemption is sought; and 3. The reasons for seeking the exemption. F. ACTION ON AN EXEMPTION APPLICATION: Following the receipt of an exemption application, the Control Officer shall either grant the exemption, grant the exemption subject to conditions, or deny the exemption. The Control Officer shall notify, in writing, the applicant of such decision. P-26.9 BLANK PAGE P-26.10 Return to Table of Contents MARICOPA COUNTY ORDINANCE P–27 VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS INDEX SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS A. AREA A B. DESIGNATED, MANAGED, OR OPENED TRAIL SYSTEM C. ENFORCEMENT OFFICER D. ROAD OR HIGHWAY E. VACANT LOTS F. VEHICLE SECTION 3 – REQUIREMENTS A. RESTRICTED VEHICLE PARKING AND USE SECTION 4 – PENALTIES AND NOTICES A. VIOLATIONS B. NOTICES SECTION 5 – EXEMPTIONS P–27.1 BLANK PAGE P–27.2 Adopted 02/20/08 Revised 01/12/11 MARICOPA COUNTY ORDINANCE P–27 VEHICLE PARKING AND USE ON UNSTABILIZED VACANT LOTS SECTION 1 – GENERAL A. PURPOSE: This ordinance limits particulate matter (PM10) emissions into the ambient air from unrestricted vehicle parking and use on unstabilized vacant lots. B. APPLICABILITY: This ordinance applies to vehicle parking and use in the unincorporated sections of Area A that are within Maricopa County. SECTION 2 – DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. AREA A – The part of the greater Phoenix metropolitan area where specific pollution control programs are in place for ozone, carbon monoxide, and particulate matter. As defined in Arizona Revised Statutes (A.R.S. § 49-541(1)), the area in Maricopa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East B. DESIGNATED, MANAGED, OR OPENED TRAIL SYSTEM – Roads, highways, multiple-use corridors, trails, or routes that are part of a system of trails and routes that are designated, managed, or opened to public motor vehicle travel by a government land management agency by rule, order, travel management plan, sign, and/or map approved by such agency. P–27.3 C. ENFORCEMENT OFFICER – A person who enforces rules, ordinances, codes or regulations including, but not limited to, Maricopa County Air Quality Department Inspectors, Building and Zoning Code Enforcement, Certified Peace Officers including, but not limited to, Maricopa County Sheriff Deputies. D. ROAD OR HIGHWAY – The entire width between the boundary lines of every way publicly maintained by the federal government, a city, state agency, town, or county if any part of the way is generally open to the use of the public for purposes of vehicular travel. For the purpose of this ordinance, the term “road or highway” also includes designated, managed, or opened trail systems; service roads regardless of surface composition; and any private property dedicated or otherwise reserved for public or private street uses, as evidenced by a recorded document providing vehicular access to more than one property or having thereon a public easement for such use. E. VACANT LOTS – Any of the following described in Section 2(E)(1) through Section 2(E)(4) of this ordinance: 1. An unsubdivided or undeveloped tract of land. 2. A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no approved or permitted buildings, structures, or uses of a temporary or permanent nature. 3. A partially developed residential, industrial, institutional, governmental, or commercial lot. 4. For the purpose of this ordinance, a vacant lot is not a road or highway. F. VEHICLE – A self-propelled device and its appurtenances, excluding devices moved by human power or used exclusively on stationary rails or tracks. SECTION 3 – REQUIREMENTS A. RESTRICTED VEHICLE PARKING AND USE: A person shall not park or use a vehicle on an unstabilized vacant lot within the unincorporated sections of Area A in Maricopa County. SECTION 4 – PENALTIES AND NOTICES A. VIOLATIONS: A person who violates this ordinance is subject to a civil penalty of $50. A second violation of this ordinance within three years is subject to a civil penalty of $100 and a third or any subsequent violation within a three-year period is subject to a civil penalty of $250. P–27.4 B. NOTICES: For violations of this ordinance, the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a citation to persons in violation of this ordinance. SECTION 5 – EXEMPTIONS A. The property owner, person entitled to immediate possession of the property, or invitee who has permission from the land owner, may operate such vehicles if such use does not violate any other applicable laws. B. Any site that has been issued a permit by the Control Officer for the control of fugitive dust from dust-generating operations. P–27.5 Return to Table of Contents MARICOPA COUNTY ORDINANCE P–28 OFF-ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY INDEX SECTION 1 – GENERAL A. PURPOSE B. APPLICABILITY SECTION 2 – DEFINITIONS A. DESIGNATED, MANAGED OR OPENED TRAIL SYSTEM B. ENFORCEMENT OFFICER C. ROAD OR HIGHWAY D. VEHICLE SECTION 3 – RESTRICTIONS A. UNPAVED PUBLIC PROPERTY B. UNPAVED PRIVATE PROPERTY C. DETERMINATION OF LAWFUL AUTHORITY OR CONSENT OF THE LAWFUL OWNER D. PROOF OF LAWFUL AUTHORITY OR CONSENT SECTION 4 – PENALTIES AND NOTICES A. PENALTIES B. ALTERNATIVE PENALTY C. NOTICES SECTION 5 – EXEMPTIONS P–28.1 BLANK PAGE P–28.2 Adopted 02/20/08 Revised 01/12/11 MARICOPA COUNTY ORDINANCE P–28 OFF-ROAD VEHICLE USE IN UNINCORPORATED AREAS OF MARICOPA COUNTY SECTION 1 – GENERAL A. PURPOSE: This ordinance limits particulate matter (PM10) emissions into the ambient air from unrestricted operation of any vehicle on unpaved property. B. APPLICABILITY: This ordinance applies to the operation of any vehicle in unincorporated areas within Maricopa County. SECTION 2 – DEFINITIONS: For the purpose of this ordinance, the following definitions shall apply: A. DESIGNATED, MANAGED OR OPENED TRAIL SYSTEM – Roads, highways, multiple use corridors, trails or routes that are part of a system of trails and routes that are designated, managed or opened to public motor vehicle travel by a government land management agency by rule, order, travel management plan, sign, and/or map approved by such agency. B. ENFORCEMENT OFFICER - A person who enforces rules, ordinances, codes, or regulations including, but not limited to, Maricopa County Air Quality Department Inspectors, Building and Zoning Code enforcement, Certified Peace Officers including, but not limited to, Maricopa County Sheriff Deputies. C. ROAD OR HIGHWAY - The entire width between the boundary lines of every way publicly maintained by the federal government, a city, state agency, town or county if any part of the way is generally open to the use of the public for purposes of vehicular travel. For purposes of this ordinance, the term “road or highway” also includes designated, managed or opened trail systems; service roads regardless of surface composition; and any private property dedicated or otherwise reserved for public or private street uses, as evidenced by a recorded document providing vehicular access to more than one property, or having thereon a public easement for such use. D. VEHICLE – A self-propelled device and its appurtenances, excluding devices moved by human power or used exclusively on stationary rails or tracks. P–28.3 SECTION 3 – RESTRICTIONS: Vehicles operating on either unpaved public or private properties in the unincorporated areas of Maricopa County shall remain on roads or highways. A person operating a vehicle on portions of these properties other than roads or highways shall comply with the following: A. UNPAVED PUBLIC PROPERTY: A person operating a vehicle on unpaved public property shall obtain lawful authority. Lawful authority consists of one of the following: rules, regulations, or orders of a federal agency, this state, a county, or municipality. Determination of lawful authority shall be made available by any one of the options listed in Section 3(C) of this ordinance. B. UNPAVED PRIVATE PROPERTY: A person operating a vehicle on unpaved private property shall obtain consent of the lawful owner. Consent of the lawful owner can be obtained by any one of the options listed in Section 3(C) of this ordinance. C. DETERMINATION OF LAWFUL AUTHORITY OR CONSENT OF THE LAWFUL OWNER: Determination of lawful authority or consent of the lawful owner shall be made available by any one of the options listed below: 1. A sign to designate the property is/as open. Such signs shall be in compliance with the standard travel management signing protocol used by each land managing agency which specifies the open roads and highways. The signs at a minimum shall be conspicuously placed at all points of vehicular access. 2. Posting, publishing, or filing a rule, regulation, travel management plan, or order at the locations identified at the government agency’s office, or on its website. 3. Current maps published and approved by a government land management agency. 4. Virtual postings from a government land management agency. 5. Prior written recreational access agreement originating from the lawful owner granting vehicular access shall contain the following: (a) The name, address, and telephone number of the person or organization granting permission for the use of the property; (b) A description of the interest the person or organization granting permission has in the property (i.e., property owner, lessee, or agent); (c) If the person or organization granting permission is not the owner of the property, the written permission shall also contain the name, address, and telephone number of the property owner; P–28.4 (d) Specify the period of time for which permission for the use of the property is being granted and whether access is approved for any or a combination of OHV recreation, hunting, fishing, and/or trapping; and (e) The signature of the person or organization representative granting permission for the use of the property. 6. Written permission of consent originating from the lawful owner granting vehicular access, shall contain the following: (a) The name, address, and telephone number of the person granting permission for the use of the property; (b) A description of the interest the person granting permission has in the property (i.e., property owner, lessee, or agent); (c) If the person granting permission is not the owner of the property, the written permission shall also contain the name, address, and telephone number of the property owner; (d) Specify the period of time for which permission for the use of the property is being granted; and (e) The signature of the person or organization representative granting permission for the use of the property. D. PROOF OF LAWFUL AUTHORITY OR CONSENT: Whenever any person is stopped by an Enforcement Officer for a violation of Section 3 of this ordinance, such person shall, upon the request of the Enforcement Officer, identify or present proof of lawful authority or lawful owner consent as required in Section 3(C) of this ordinance. SECTION 4 – PENALTIES AND NOTICES: Violations of this ordinance shall be punishable by civil or criminal penalties. The issuance of any lawful authority, consent of the lawful owner, or written permission, as allowed by this ordinance, shall not relieve any person subject to the requirements of this ordinance from complying with any federal laws, Arizona laws, or the Maricopa County Air Pollution Control Regulations. A. PENALTIES: A person who violates this ordinance shall be subject to the following penalties: 1. For the first offense, a civil penalty of $100. 2. For the second offense within a three-year period, a civil penalty of $250. P–28.5 3. For the third or any subsequent offense within a three-year period, a Class 3 misdemeanor. B. ALTERNATIVE PENALTY: In addition to or in lieu of a fine under Section 4 of this ordinance, a judge may order the person to perform at least eight (8) but not more than twenty-four (24) hours of community restitution, or to complete a safety and environmental ethics course according to A.R.S. § 28-1175 related to the off-highway operation of motor vehicles, or both. C. NOTICES: For violations of this ordinance, the Enforcement Officer shall use a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the Supreme Court. The Enforcement Officer may issue a citation to persons in violation of this ordinance. SECTION 5 – EXEMPTIONS A. This ordinance shall not apply during a period of emergency or if the operation is directed by a peace officer or other public authority. B. This ordinance shall not apply to the property owner, or person entitled to immediate possession of the property provided such property owner or person does not violate any other applicable laws. C. This ordinance shall not apply to operations directed by utilities for operation, distribution, and transmission systems and operations directed by railroad companies for operation and maintenance provided that both of the following conditions are met: 1. Operations are performed in or using a marked company vehicle; and 2. If operations are performed in or using a personal vehicle, then identification of the company shall be visible and readable by the public without having to be asked by the public (e.g., included in / posted on a sign that is visible on the vehicle or in the window of the vehicle). D. This ordinance shall not apply to commercial farming practices including activities of a dairy, a beef cattle feed lot, a poultry facility and a swine facility. P–28.6 Return to Table of Contents APPENDIX A FOSSIL FUEL-FIRED STEAM GENERATORS: The following procedures shall be used to convert gaseous emission monitoring data in parts per million to g/million cal (lb/million BTU) where necessary. (1) Measurement of Oxygen in Flue Gas: When the owner or operator of a fossil fuel-fired steam g enerator el ects t o m easure o xygen i n t he f lue g ases, t he m easurements o f the pollutant concentration and oxygen concentration shall each be on a consistent basis (wet or dry). a. When measurements are on a wet basis, except where wet scrubbers are employed or w here m oisture i s ot herwise a dded t o s tack g ases, t he following conversion procedure shall be used: EQ = CwsFw (20.9) (20.9(1 - Bwa) - % O2wa) b. When measurements are on a w et basis and the water vapor content of the stack gas is determined at least onc e e very f ifteen m inutes t he f ollowing c onversion procedure shall be used: EQ = CwsF (20.9) (20.9(1 - Bws) - % O2ws) Note: T his e quation i s a pproved i n pr inciple. Approval for actual practice is contingent upon demonstrating t he ability t o accurately determine B WS such t hat any absolute error in B WS will not cause an error of more than +/- 1.5 percent in the term: (20.9) (20.9(1 - Bws) - % O2ws) c. When measurements are on a dry basis, the following conversion procedure shall be used: EQ = CF (2) (20.9) (20.9 - % O2) Measurement of Carbon Dioxide in Flue Gas: When the owner or operator elects to measure carbon dioxide in the flue gases, the measurement of the pollutant concentration A.1 and the carbon dioxide concentration shall each be on a consistent basis (wet or dry) and the following conversion procedure used: EQ = CFc (100) (%CO2) The values used in the above equations are derived as follows: EQ = Pollutant emission, g/million cal (lb/million BTU). C = Pollutant concentration, g /dscm ( lb/dsdf), de termined by m ultiplying the average concentration (ppm) for each hourly period by 4.16 x 10 -5 M g /dscm pe r ppm ( 2.64 x 10 -9 M l b/dscf pe r ppm ) w here M = pollutant molecular weight, g/g mole (lb/lb mole) or M = 64 for sulfur dioxide and 46 for oxides of nitrogen. %O2,%CO2 = Oxygen or carbon dioxide volume (expressed as percent) determined with equipment specified under Section 303 of Rule 245. F,Fc = A factor r epresenting a r atio o f t he v olume o f d ry f lue g ases g enerated t o t he calorific value of the fuel combusted (F), a f actor representing a ratio of the volume of carbon dioxide generated to the calorific value of the fuel c ombusted ( Fc), r espectively. V alues of F and Fc are given i n § 60.45 (f) of Part 60, Chapter 1, Title 40, Code of Federal Regulations. Cws = Pollutant c oncentrations a t s tack c onditions, g /wscm ( lb/wscf), determined by m ultiplying t he a verage c oncentration ( ppm) f or each one-hour period by 4.15 x 10 -5 M g/wscm per ppm (2.59 x 10 -9 M = lb/wscf per ppm) where M = p ollutant mo lecular w eight, g /g mo le (lb/lb mole) or M = 64 for sulfur dioxide and 46 for nitrogen oxides. %O2ws = Oxygen v olume ( expressed as p ercent - wet basis) d etermined w ith equipment specified under Section 303 of Rule 245. Fw = A factor representing a ratio of the volume of wet flue gases generated to the caloric value of the fuel combusted. Values of F w are given in Federal Register, Vol. 41, October 12, 1976, p. 44838, a.4. Bwa = Proportion by volume of water vapor i n t he a mbient a ir. A pproval may be given for de termination of B wa by on -site in strumental measurement provided that the absolute accuracy of the measurement technique c an be de monstrated t o be w ithin + /- 0.7 p ercent w ater A.2 vapor. Estimation methods for B wa are given in Federal Register, Vol. 41, October 12, 1976, p. 44838, a.5. Bws = Proportion by volume of water vapor in the stack gas. SULFURIC ACID PLANTS: For sulfuric acid plants, the owner or operator shall: (1) Establish a conversion factor three times daily according to the procedures of § 60.84 (b) of Chapter 1, Title 40, Code of Federal Regulations dated 10/6/75; (2) Multiply t he c onversion f actor by t he a verage s ulfur di oxide c oncentration in the flue gases to obtain average sulfur dioxide emission in Kg/metric ton (lb/short ton); and (3) Report t he a verage s ulfur di oxide e mission f or e ach a veraging pe riod i n e xcess of t he applicable emission standard in the quarterly summary. NITRIC ACID PLANTS: For nitric acid plants, the owner or operator shall: (1) Establish a conversion factor according to the procedures of §60.73(b) of Chapter 1, Title 40, Code of Federal Regulations; (2) Multiply t he c onversion f actor by t he a verage ni trogen ox ides c oncentration in the flue gases to obtain the nitrogen oxides emissions in the units of the applicable standard; (3) Report the average nitrogen oxides emission for e ach a veraging pe riod i n e xcess of applicable emission standard in the quarterly summary. ALTERNATE DATA REPORTING OR REDUCTION PROCEDURES: The C ontrol Officer m ay a llow da ta r eporting or r eduction pr ocedures va rying f rom t hose s et f orth in Rule 245 if the owner or operator of a source shows to the satisfaction of the Control Officer that his procedures are equally effective. Such procedures m ay i nclude, but a re not l imited t o the following: (1) Alternative procedures for computing emission averages that do not require integration of data (e.g., s ome f acilities ma y d emonstrate th at th e v ariability o f th eir e missions is sufficiently s mall t o a llow a ccurate r eduction of da ta ba sed upon c omputing a verages from equally spaced data points over the averaging period). (2) Alternative methods of converting pollutant concentration m easurements t o t he uni ts of the emission standards. A.3 Last Formatted - Fall 1997 A.4 Return to Table of Contents Adopted 11/15/93 Revised 02/15/95 Revised 06/06/07 APPENDIX B STANDARD PERMIT APPLICATION FORM AND FILING INSTRUCTIONS MARICOPA COUNTY FILING INSTRUCTIONS No application shall be considered complete until the Control Officer has determined that all information r equired b y th is application f orm an d t he ap plicable s tatutes an d r egulations h as b een s ubmitted. T he Control Officer may waive certain application r equirements f or s pecific s ource t ypes p ursuant t o Rule 200 -Permit P rovisions, R ule 2 10-Title V P ermit Provisions, a nd/or R ule 220 -Non-Title V P ermit P rovisions o f th ese r ules. F or p ermit r evisions, t he ap plicant n eed o nly supply information which directly pertains to the revision. The Control Officer shall develop special guidance documents and forms t o as sist cer tain s ources r equiring N on-Title V p ermits in c ompleting th e a pplication f orm a nd f iling in structions. Guidance documents can be requested by contacting the Maricopa County Air Quality Department at the address and phone number given on the "Standard Permit Application Form". In addition to the information required on the application form, the applicant shall supply the following: 1. Description of the process to be carried out in each unit (include Source Classification Code, if known). 2. Description of product. 3. Description of alternate operating scenario, if desired by applicant (include Source Classification Code, if known). 4. Description of alternate operating scenario product, if applicable. 5. A flow diagram for all processes. 6. A material balance for all processes (optional, only if emission calculations are based on a material balance). 7. Emissions related information: a. The source shall submit the potential emissions of regulated air pollutants as defined in Rule 100-General Provisions And Definitions of these rules for all emission sources. Emissions shall be expressed in pounds per hour, tons per year, and such other terms as may be requested. E missions shall be submitted using the standard " Emission S ources" por tion of the " Standard Permit A pplication F orm". E missions information shall include fugitive emissions in the same manner as stack emissions, regardless of whether the source category in q uestion is in cluded in th e lis t o f s ources c ontained in th e d efinition of major source i n R ule 100-General Provisions And Definitions of these rules. b. The source identify and describe all points of emissions and to submit additional information related to the emissions of regulated air pollutants sufficient to verify which requirements are applicable to the source and sufficient to determine any fees pursuant to Rule 280-Fees of these rules. 8. Citation and description of all applicable requirements as defined in Rule 100-General Provisions And Definitions of these rules including voluntarily accepted limits to Rule 220-Non-Title V Permit Provisions of these rules. 9. An explanation of any voluntarily accepted limits established pursuant to Rule 220-Non-Title V Permit Provisions of these rules and of any proposed exemptions from otherwise applicable requirements. 10. The following information to th e e xtent it is n eeded to d etermine o r r egulate e missions o r to c omply w ith th e requirements of Rule 220-Non-Title V Permit Provisions of these rules: a. Maximum annual process rate for each piece of equipment which generates air emissions. b. Maximum annual process rate for the whole plant. c. Maximum rated hourly process rate for each piece of equipment which generates air emissions. d. Maximum rated hourly process rate for the whole plant. e. For all fuel burning equipment including generators, a description of fuel use, including the type used, the quantity used per year, the maximum and average quantity used per hour, the percent used for process heat (heat other than for HVAC or domestic hot water), and higher heating value of the fuel. For solid fuels and fuel oils, state the potential sulfur and ash content. f. A description of all raw materials u sed a nd th e m aximum a nnual a nd h ourly, m onthly, o r q uarterly quantities of each material used. g. Anticipated operating schedules: 1. Percent of annual production by season. 2. Days of the week normally in operation. 3. Shifts or hours of the day normally in operation. 4. Number of days per year in operation. h. Limitations on source operations and any work practice standards affecting emissions. i. A demonstration of how the source will meet a ny limitations accepted voluntarily pursuant to Rule 220Non-Title V Permit Provisions of these rules. B.1 11. 12. 13. 14. 15. 16. A description of all process and control equipment for which permits are required including: a. Name. b. Make (if available). c. Model (if available). d. Serial number (if available). e. Date of manufacture (if available). f. Size/production capacity. g. Type. Stack Information: a. Identification. b. Description. c. Building dimensions. d. Exit gas temperature. e. Exit gas velocity. f. Height. g. Inside dimensions. Site diagram which includes: a. Property boundaries. b. Adjacent streets or roads. c. Directional arrow. d. Elevation. e. Closest distance between equipment and property boundary. f. Equipment layout. g. Relative location of emission sources or points. h. Location of emission points and non-point emission areas. i. Location of air pollution control equipment. Air pollution control information: a. Description of or reference to any applicable test method for determining compliance with each applicable requirement. b. Identification, d escription a nd lo cation o f a ir p ollution c ontrol equipment, including s pray n ozzles an d hoods, and compliance monitoring devices or activities. c. The rated and operating efficiency of air pollution control equipment. d. Data necessary to establish required efficiency for air pollution control equipment (e.g. air to cloth ratio for baghouses, pressure drop for scrubbers, and warranty information). e. Evidence that operation of the new or modified pollution control equipment will not violate any ambient air quality standards, or maximum allowable increases pursuant to Rule 500-Attainment Area Classification of these rules. Equipment manufacturer's bulletins and shop drawings may be acceptable where appropriate. Compliance plan: a. A description of the compliance status of the source with respect to all applicable requirements including, but not limited to: 1. A demonstration that the source or m odification w ill c omply w ith th e a pplicable r equirements contained in Regulation III-Control Of Air Contaminants. 2. A d emonstration th at th e s ource o r modification w ill c omply w ith th e a pplicable r equirements contained in r ules p romulgated p ursuant t o A .R.S. § 49-480.03-Federal H azardous Air P ollutants (HAPS) Program; Date Specified By Administrator; Prohibition. 3. A d emonstration th at th e s ource o r modification will c omply w ith th e a pplicable r equirements contained in Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules. 4. A demonstration th at th e s ource o r m odification w ill c omply w ith a ny v oluntarily a ccepted limitations pursuant to Rule 220-Non-Title V Permit Provisions of these rules. b. A compliance schedule as follows: 1. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. 2. For applicable requirements that will become effective during the permit term, a statement that the source will meet such r equirements o n a timely b asis. A statement that the source will meet in a timely manner ap plicable r equirements that b ecome effective d uring the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. 3. A schedule of compliance for sources that are not in compliance with all applicable requirements at th e tim e o f p ermit issuance. Such a s chedule s hall i nclude a s chedule o f r emedial m easures, including an en forceable s equence o f act ions w ith m ilestones, l eading t o compliance with any applicable r equirements f or w hich t he s ource w ill b e i n n oncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in B.2 17. 18. any j udicial co nsent d ecree o r ad ministrative o rder t o w hich t he source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. c. A schedule for submission of certified progress reports no less frequently than every six months for sources required to have a schedule of compliance to remedy a violation. d. The compliance plan content r equirements specified in this paragraph shall apply and be included in the acid rain p ortion o f a co mpliance p lan f or an af fected s ource, ex cept as s pecifically s uperseded b y regulations promulgated under Title IV of the Act with regard to the schedule and method the source will use to achieve compliance with the acid rain emissions limitations. Compliance certification: a. A certification of compliance with a ll a pplicable r equirements in cluding v oluntarily a ccepted limitations pursuant to Rule 220-Non-Title V Permit Provisions of these rules by a responsible official consistent with Rule 210 -Title V P ermit P rovisions or R ule 220 -Non-Title V P ermit Provisions of t hese r ules. T he certification shall include: 1. Identification of the applicable requirements which are the basis of the certification. 2. A statement o f methods used for d etermining c ompliance, including a d escription o f monitoring, recordkeeping, and reporting requirements and test methods. 3. A schedule for submission of compliance certifications during the permit term to be submitted no less f requently t han an nually o r m ore f requently i f s pecified b y t he u nderlying ap plicable requirement or by the permitting authority. 4. A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements. 5. A certification of truth, accuracy, and completeness pursuant to Rule 210-Title V Permit Provisions or Rule 220-Non-Title V Permit Provisions of these rules. b. Acid rain program compliance plan: Sources subject t o t he F ederal aci d r ain r egulations s hall u se nationally-standardized f orms f or aci d r ain p ortions o f p ermit ap plications an d co mpliance plans, as required by regulations promulgated under Title IV of the Act. A new major source as defined in Rule 240-Permits For New Major Sources And Major Modifications To Existing Major S ources of these rules o r a m ajor m odification shall submit all in formation required in th is Appendix a nd information necessary to show compliance with Rule 240-Permits For New Major Sources And Major Modifications To Existing Major Sources of these rules including, but not limited to: a. For sources located in a nonattainment area: 1. In t he cas e o f a n ew major source as d efined i n R ule 2 40-Permits F or N ew M ajor S ources And Major Modifications To Existing Major Sources of these rules or a m ajor modification subject to an emission limitation which is lowest achievable emission rate (LAER) for that source or facility, the application shall contain a determination of LAER that is consistent with the requirements of the d efinition o f L AER c ontained in R ule 2 40-Permits F or N ew Maj or S ources A nd Major Modifications To Existing Major Sources of these rules. The demonstration shall contain the data and information relied upon by the applicant in determining the emission limitation that is LAER for the source or facility for which a permit is sought. 2. In t he cas e o f a n ew major s ource as d efined i n R ule 2 40-Permits F or New M ajor S ources And Major Modifications To Existing Major Sources of these rules or a m ajor modification subject to the d emonstration r equirement o f Rule 240-Permits F or N ew M ajor S ources A nd M ajor Modifications T o E xisting M ajor Sources of t hese rules, the a pplicant s hall s ubmit s uch demonstration in a f orm that lists and d escribes all existing major sources owned or operated by the applicant and a s tatement o f c ompliance w ith a ll c onditions c ontained in th e p ermits o r conditional orders of each of the sources. 3. In t he cas e o f a n ew major s ource as d efined i n R ule 2 40-Permits F or N ew M ajor S ources And Major Modifications To Existing Major Sources of these rules or a m ajor modification subject to the o ffset r equirements d escribed i n R ule 2 40-Permits F or N ew M ajor S ources A nd M ajor Modifications T o E xisting M ajor S ources of t hese r ules, t he ap plicant s hall d emonstrate t he manner in which the new major source or major modification meets the requirements of Rule 240Permits For New Major Sources A nd Maj or Modifications T o E xisting M ajor Sources of t hese rules. 4. An applicant for a new major source as defined in Rule 240-Permits For New Major Sources And Major Modifications To Existing Major Sources of these rules or a major modification for volatile organic compounds or car bon monoxide ( or b oth) which will b e located in a n onattainment ar ea for ozone or carbon monoxide (or both) shall submit the analysis described in Rule 240-Permits For New Major Sources And Major Modifications To Existing Major Sources of these rules. B.3 b. 19. For sources located in an attainment area: 1. A demonstration of the manner in which a n ew major source or major modification which will be located in an attainment area for a pollutant for which the source is classified as a major source as defined in Rule 240-Permits For New Major Sources And Major Modifications To Existing Major Sources of th ese r ules o r th e m odification is c lassified a s a major modification will meet the requirements of Rule 240-Permits For New Major Sources And Major Modifications To Existing Major Sources of these rules. 2. In t he cas e o f a n ew major s ource as d efined i n R ule 2 40-Permits F or N ew M ajor S ources And Major Modifications To Existing Major Sources of these rules or major modification subject to an emission limitation which is best available control technology (BACT) for that source or facility, the application shall contain a determination of BACT that is consistent with the requirements of the definition of BACT contained in Rule 100-General Provisions And Definitions of these rules. The demonstration s hall c ontain th e d ata a nd in formation r elied u pon b y th e a pplicant in determining the e mission limitation that is B ACT for the source o r facility for which a permit is sought. 3. In t he cas e o f a n ew major s ource as d efined i n R ule 2 40-Permits F or N ew M ajor S ources And Major Modifications T o Existing Major Sources of these rules or major modification required to perform and submit an air impact analysis in the form prescribed in Rule 2 40-Permits F or New Major S ources A nd M ajor M odifications T o E xisting Maj or S ources of t hese r ules, s uch an analysis shall m eet t he r equirements o f R ule 2 40-Permits F or N ew M ajor S ources A nd M ajor Modifications To Existing Major Sources of these rules. Unless otherwise exempted in writing by the Control Officer, the air impact analysis shall include all of the information and data specified in Rule 240-Permits For New Major Sources And Major Modifications To Existing Major Sources of these rules. 4. If an ap plicant s eeks an ex emption f rom an y o r al l o f t he r equirements of Rule 240-Permits For New M ajor S ources A nd M ajor Mo difications T o E xisting M ajor S ources of these r ules, t he applicant shall provide sufficient in formation a nd d ata in th e a pplication to d emonstrate compliance with the requirements of the sections under which an exemption is sought. Calculations on which all information requested in this Appendix is based. B.4 MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT DIVISION OF AIR POLLUTION CONTROL 1001 N. Central Ave., Ste 201 Phoenix, AZ 85004 (602) 506-6010 STANDARD PERMIT APPLICATION FORM (As required by A R.S. § 49-480, and Chapter 3, Article 3, Arizona Administrative Code) 1. Per mi t t o be i ssued t o: 2. 3. Mai l i ng Addr ess: Ci t y: St at e: Pl ant Name ( i f di f f er ent f r om i t em #1 above) : 4. Name ( or names) of Owner or Oper at or : 5. Phone: Name of Owner ' s Agent : 6. Phone: Pl ant / Si t e Manager or Cont act Per son: 7. Phone: Pr oposed Equi pment / Pl ant Locat i on Addr ess: 8. Ci t y: I ndi an Reser vat i on ( i f appl i cabl e) : Sect i on/ Townshi p/ Range: Lat i t ude: ° ' " Longi t ude: Gener al Nat ur e of Busi ness: 9. 10. (Business license name of organization that is to receive permit) Count y: ° ' " ZI P: MARI COPA El evat i on: ZI P: ft. St andar d I ndust r i al Cl assi f i cat i on Code: Type of Or gani zat i on: Cor por at i on I ndi vi dual Owner Par t ner shi p Gover nment Ent i t y ( Gover nment Faci l i t y Code: ) Ot her : Per mi t Appl i cat i on Basi s: New Sour ce Revi si on Renewal of Exi st i ng Per mi t Por t abl e Sour ce Gener al Per mi t ( Check al l t hat appl y. ) For r enewal or modi f i cat i on, i ncl ude exi st i ng per mi t number : Dat e of Commencement of Const r uct i on or Modi f i cat i on: I s any of t he equi pment t o be l eased t o anot her i ndi vi dual or ent i t y? Yes No 11. Si gnat ur e of Responsi bl e Of f i ci al of Or gani zat i on Of f i ci al Ti t l e of Si gner : 12. Typed or Pr i nt ed Name of Si gner : Dat e: ADEQ/OAQ/100b Maricopa County Appendix.B 10/28/93 Phone Number : B.5 Page 1 of 2 COMPANY NAME & LOCATION EMISSION SOURCES PAGE OF DATE Estimated Potential to Emit as per Rule 100. Review of applications and issuance of permits will be expedited by supplying all necessary information on this Table. REGULATED AIR POLLUTANT DATA EMISSION POINT (1) NUMBER NAME EMISSION POINT DISCHARGE PARAMETERS CHEMICAL COMPOSITION OF TOTAL STREAM REGULATED AIR POLLUTANT NAME (2) R.AIR POLLUTANT EMISSION RATE #/ HR. 3) TONS/ YEAR (4) UTM COORDINATES OF EMISSION PT.(5) HEIGHT ABOVE ZONE EAST NORTH GROUND (Mtrs) (Mtrs) /feet STACK SOURCES (6) HEIGHT ABOVE STRUC. /feet NONPOINT SOURCES (7) EXIT DATA DIA. (ft.) VEL. (fps.) TEMP. (°F) LENGTH (ft.) WIDTH (ft.) GROUND ELEVATION OF FACILITY ABOVE MEAN SEA LEVEL feet ADEQ STANDARD CONDITIONS ARE 293K AND 101.3 KILOPASCALS (A.A.C. R18-2-101) General Instructions: Page 2 of 2 ADEQ/OAQ/100b Maricopa County Appendix.B 10/28/93 B.6 (1) (2) (3) (4) (5) (6) (7) Identify each emission point with a unique number for this plant site, consistent with emission point identification used on plot plan, previous permits, and Emissions Inventory Questionnaire. Include fugitive emissions. Limit emission point number to eight (8) character spaces. For each emission point use as many lines as necessary to list regulated air pollutant data. Typical emission point names are: heater, vent, boiler, tank, reactor, separator, baghouse, fugitive, etc. Abbreviations are O.K. Components to be listed include regulated air pollutants as defined in R18-2-101. Examples of typical component names are: Carbon Monoxide (CO), Nitrogen Oxides (NOX), Sulfur Dioxide (SO2), Volatile Organic Compounds (VOC), particulate matter (PM), particulate less than 10 microns (PM 10), etc. Abbreviations are O.K. Pounds per hour (#/HR) is maximum potential emission rate expected by applicant. Tons per year is annual maximum potential emission expected by applicant, which takes into account process operating schedule. As a minimum applicant shall furnish a facility plot plan as described in the filing instructions. UTM coordinates are required only if the source is a major source or is required to perform refined modeling for the purposes of demonstrating compliance with ambient air quality guidelines. Supply additional information as follows if appropriate: (a) Stack exit configuration other than a round vertical stack. Show length and width for a rectangular stack. Indicate if horizontal discharge with a note. (b) Stack's height above supporting or adjacent structures if structure is within 3 "stack height above the ground" of stack. Dimensions of nonpoint sources as defined in R18-2-101. Page 2 of 2 ADEQ/OAQ/100b Maricopa County Appendix.B 10/28/93 B.7 Return to Table of Contents MARICOPA COUNTY APPENDIX C FUGITIVE DUST TEST METHODS INDEX SECTION 1 – [RESERVED] SECTION 2 – TEST METHODS FOR STABILIZATION SECTION 3 – VISUAL OPACITY DETERMINATION OF EMISSIONS FROM DUSTGENERATING OPERATIONS SECTION 4 – VISUAL OPACITY DETERMINATION OF EMISSIONS FROM LIVESTOCK ACTIVITIES – CORRALS, PENS, AND ARENAS C-1 BLANK PAGE C-2 Adopted 06/16/99 Revised 02/16/00 Revised 04/07/04 Revised 03/26/08 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS APPENDIX C FUGITIVE DUST TEST METHODS 1. [RESERVED] 2. TEST METHODS FOR STABILIZATION 2.1 For Unpaved Roads and Unpaved Parking Lots: 2.1.1 Opacity Test Method: The purpose of this test method is to estimate the percent opacity of fugitive dust plumes caused by vehicle movement on unpaved roads and unpaved parking lots. This method can only be conducted by an individual who has received certification as a qualified observer. Qualification and testing requirements can be found in Section 3.4 of this appendix. a. Step 1: Stand at least 16.5 feet from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the 140° sector to the back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not include more than one plume in the line of sight at one time. b. Step 2: Record the fugitive dust source location, source type, method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive dust source. Also record the time, estimated distance to the fugitive dust source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the fugitive dust source, and color of the plume and type of background on the visible emission observation from both when opacity readings are initiated and completed. c. Step 3: Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. Make opacity observations approximately 1 meter above the surface from which the plume is generated. Note that the observation is to be made at only one visual point upon generation of a plume, as opposed to visually tracking the C-3 entire length of a dust plume as it is created along a surface. Make two observations per vehicle, beginning with the first reading at zero seconds and the second reading at five seconds. The zero-second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds. d. Step 4: Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 5-second period. While it is not required by the test method, EPA recommends that the observer estimate the size of vehicles which generate dust plumes for which readings are taken (e.g. midsize passenger car or heavy-duty truck) and the approximate speeds the vehicles are traveling when readings are taken. e. Step 5: Repeat Step 3 (Section 2.1.1(c) of this appendix) and Step 4 (Section 2.1.1(d) of this appendix) until you have recorded a total of 12 consecutive opacity readings. This will occur once six vehicles have driven on the source in your line of observation for which you are able to take proper readings. The 12 consecutive readings must be taken within the same period of observation but must not exceed 1 hour. Observations immediately preceding and following interrupted observations can be considered consecutive. f. Step 6: Average the 12 opacity readings together. If the average opacity reading equals 20% or lower, the source is in compliance 2.1.2 Silt Content Test Method: The purpose of this test method is to estimate the silt content of the trafficked parts of unpaved roads and unpaved parking lots. The higher the silt content, the more fine dust particles that are released when cars and trucks drive on unpaved roads and unpaved parking lots. a. Equipment: (1) A set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm and 0.25 mm (or a set of standard/commonly available sieves), a lid, and collector pan. (2) A small whisk broom or paintbrush with stiff bristles and dustpan 1 ft. in width. (The broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length). (3) A spatula without holes. (4) A small scale with half-ounce increments (e.g., postal/package scale). C-4 (5) A shallow, lightweight container (e.g., plastic storage container). (6) A sturdy cardboard box or other rigid object with a level surface. (7) A basic calculator. (8) Cloth gloves (optional for handling metal sieves on hot, sunny days). (9) Sealable plastic bags (if sending samples to a laboratory). (10) A pencil/pen and paper. b. Step 1: Look for a routinely traveled surface, as evidenced by tire tracks. (Only collect samples from surfaces that are not damp due to precipitation or dew. This statement is not meant to be a standard in itself for dampness where watering is being used as a control measure. It is only intended to ensure that surface testing is done in a representative manner.) Use caution when taking samples to ensure personal safety with respect to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four times to mark an area that is 1 square foot. Collect a sample of loose surface material using a whiskbroom or brush and slowly sweep the material into the dustpan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approximate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is < 3/8 inch in depth, do not continue collecting the sample by digging into the hard surface. In other words, you are only collecting a surface sample of loose material down to 1 cm. In order to confirm that samples are collected to 1 cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid horizontally across the survey area while a metric ruler is held perpendicular to the dowel. At this point, you can choose to place the sample collected into a plastic bag or container and take it to an independent laboratory for silt content analysis. A reference to the procedure the laboratory is required to follow is at the end of this section. c. Step 2: Place a scale on a level surface. Place a lightweight container on the scale. Zero the scale with the weight of the empty container on it. Transfer the entire sample collected in the dustpan to the container, minimizing escape of dust particles. Weigh the sample and record its weight. d. Step 3: Stack a set of sieves in order according to the size openings specified above, beginning with the largest size opening (4 mm) at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. C-5 e. Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or brush. (On windy days, use the trunk or door of a car as a wind barricade.) Cover the stack with a lid. Lift up the sieve stack and shake it vigorously up, down and sideways for at least 1 minute. f. Step 5: Remove the lid from the stack and disassemble each sieve separately, beginning with the top sieve. As you remove each sieve, examine it to make sure that all of the material has been sifted to the finest sieve through which it can pass (e.g., material in each sieve [besides the top sieve that captures a range of larger elements] should look the same size). If this is not the case, re-stack the sieves and collector pan, cover the stack with the lid, and shake it again for at least 1 minute. (You only need to reassemble the sieve(s) that contain material, which requires further sifting.) g. Step 6: After disassembling the sieves and collector pan, slowly sweep the material from the collector pan into the empty container originally used to collect and weigh the entire sample. Take care to minimize escape of dust particles. You do not need to do anything with material captured in the sieves; only the collector pan. Weigh the container with the material from the collector pan and record its weight. h. Step 7: If the source is an unpaved road, multiply the resulting weight by 0.38. If the source is an unpaved parking lot, multiply the resulting weight by 0.55. The resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in Step 2 (Section 2.1.2(c) of this appendix) and multiply by 100 to estimate the percent silt content. i. Step 8: Select another two routinely traveled portions of the unpaved road or unpaved parking lot and repeat this test method. Once you have calculated the silt loading and percent silt content of the 3 samples collected, average your results together. j. Step 9: Examine results. If the average silt loading is less than 0.33 oz/ft², the surface is STABLE. If the average silt loading is greater than or equal to 0.33 oz/ft², then proceed to examine the average percent silt content. If the source is an unpaved road and the average percent silt content is 6% or less, the surface is STABLE. If the source is an unpaved parking lot and the average percent silt content is 8% or less, the surface is STABLE. If your field test results are within 2% of the standard (for example, 4%–8% silt content on an unpaved road), it is recommended that you collect 3 additional samples from the source according to Step 1 (Section 2.1.2(b) of this appendix) and take them to an independent laboratory for silt content analysis. C-6 k. Independent Laboratory Analysis: You may choose to collect 3 samples from the source, according to Step 1 (Section 2.1.2(b) of this appendix), and send them to an independent laboratory for silt content analysis rather than conduct the sieve field procedure. If so, the test method the laboratory is required to use is: U.S. Environmental Protection Agency (1995), “Procedures for Laboratory Analysis of Surface/Bulk Dust Loading Samples”, (AP-42 Fifth Edition, Volume I, Appendix C.2.3 “Silt Analysis”), Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina. 2.2 Stabilization Limitations for Open Areas and Vacant Lots: The test methods described in Section 2.3 through Section 2.7 of this appendix shall be used to determine whether an open area or a vacant lot has a stabilized surface. Should a disturbed open area or vacant lot contain more than one type of disturbance, soil, vegetation, or other characteristics, which are visibly distinguishable, test each representative surface separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, according to the appropriate test methods in Section 2.3 through Section 2.7 of this appendix. 2.3 Soil Crust Determination (the Drop Ball Test): 2.3.1 Drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16-17 grams (0.56-0.60 ounce) from a distance of one foot directly above (at a 90° angle perpendicular to) the soil surface. If blowsand is present, clear the blowsand from the surfaces on which the drop ball test is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50% of a vacant lot or project site that have not originated from the representative surface being tested. If material covers a visible crust, which is not blowsand, apply the test method in Section 2.4: Determination of Threshold Friction Velocity (TFV) of this appendix to the loose material to determine whether the surface is stabilized. 2.3.2 A sufficient crust is defined under the following conditions: once a ball has been dropped according to Section 2.3.1 of this appendix, the ball does not sink into the surface, so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible. 2.3.3 Randomly select each representative disturbed surface for the drop ball test by using a blind “over the shoulder” toss of a throwable object (e.g., a metal weight with survey tape attached). Using the point of fall as the lower left-hand corner, measure a one-foot square area. Drop the ball three times within the one-foot by one-foot square survey area, using a consistent pattern across the survey area. The survey area shall be considered to have passed the drop ball test if at least two out of the three times that the ball was dropped, the results met the criteria in Section 2.3.2 of this appendix. Select at least two other C-7 survey areas that represent a random portion of the overall disturbed conditions of the site, and repeat this procedure. If the results meet the criteria of Section 2.3.2 of this appendix for all of the survey areas tested, then the site shall be considered to have passed the drop ball test and shall be considered sufficiently crusted. 2.3.4 2.4 At any given site, the existence of a sufficient crust covering one portion of the site may not represent the existence or protectiveness of a crust on another portion of the site. Repeat the drop ball test as often as necessary on each portion of the overall conditions of the site using the random selection method set forth in Section 2.3.3 of this appendix for an accurate assessment. Determination of Threshold Friction Velocity (TFV): For disturbed surface areas that are not crusted or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil). 2.4.1 Obtain and stack a set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm or obtain and stack a set of standard/commonly available sieves. Place the sieves in order according to size openings, beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e., when the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4-mm opening) and cover the sieve/collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwise, at a speed just necessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve and the collector pan so that material aligns along one side. In doing so, minimize escape of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the greatest volume using Table 1 of this appendix, which provides a correlation between sieve opening size and TFV. C-8 Table 1. Determination of Threshold Friction Velocity Tyler Sieve No. ASTM 11 Sieve No. Opening (mm) TFV(cm/s) 5 5 4 135 9 10 2 100 16 18 1 76 32 35 0.5 58 60 60 0.25 43 Collector Pan 30   2.4.2 Collect at least three soil samples which represent random portions of the overall conditions of the site, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for nonerodible elements. Non-erodible elements are distinct elements, in the random portion of the overall conditions of the site, that are larger than 1 cm in diameter, remain firmly in place during a wind episode, and inhibit soil loss by consuming part of the shear stress of the wind. Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non-erodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodible elements using the following procedure. For a more detailed description of this procedure, see Section 2.7 (Test Methods for Stabilization-Rock Test Method) of this appendix. Select a survey area of 1 meter by 1 meter that represents a random portion of the overall conditions of the site. Where many non-erodible elements lie within the survey area, separate the non-erodible elements into groups according to size. For each group, calculate the overhead area for the non-erodible elements according to the following equations: Average Length × Average Width = Average Dimensions Eq. 1 Average Dimensions × Number of Elements = Overhead Area Eq. 2 Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total Overhead Area Eq. 3 Total Overhead Area ÷ 2 = Total Frontal Area Eq. 4 (Total Frontal Area ÷ Survey Area) × 100 = Percent Cover of Non-Erodible Elements Eq. 5 Note: Ensure consistent units of measurement (e.g., square meters or square inches) when calculating percent cover. Repeat this procedure on an additional two distinct survey areas that represent a random portion of the overall conditions of the site and average the results. Use Table 2 of this appendix to identify the correction factor for the percent cover of non-erodible elements. Multiply the TFV by the corresponding correction factor to calculate the TFV corrected for non-erodible elements. C-9 Table 2. Correction Factors for Threshold Friction Velocity Correction Percent Cover of Non-Erodible Elements Factor Factor Greater than or equal to 10% 5 Greater than or equal to 5% and less than 10% 3 Less than 5% and greater than or equal to 1% 2 Less than 1% None 2.5 Determination of Flat Vegetative Cover: Flat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind. Flat vegetation, which is dead but firmly attached, shall be considered equally protective as live vegetation. Stones or other aggregate larger than 1 centimeter in diameter shall be considered protective cover in the course of conducting the line transect test method. Where flat vegetation exists, conduct the following line transect test method. 2.5.1 Line Transect Test Method: Stretch a 100-foot measuring tape across a survey area that represents a random portion of the overall conditions of the site. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver, with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place the tape diagonally (at approximately a 45° angle) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an area the size of a 3/32 inch diameter brazing rod or wooden dowel centered above each 1-foot interval mark along one edge of the tape. Count the number of times that flat vegetation lies directly underneath the pinpointed area at 1-foot intervals. Consistently observe the underlying surface from a 90° angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of vegetation or vegetative debris lie underneath the pinpointed area, count the surface as vegetated, unless bare soil is visible directly below the pinpointed area. When 100 observations have been made, add together the number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g., if 35 positive counts were made, then vegetation cover is 35%). If the survey area that represents a random portion of the overall conditions of the site is too small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40%. 2.5.2 Conduct the line transect test method, as described in Section 2.5.1 of this appendix, an additional two times on areas that represent a random portion of the overall conditions of the site and average results. C-10 2.6 Determination of Standing Vegetative Cover: Standing vegetation includes vegetation that is attached (rooted) with a predominant vertical orientation. Standing vegetation, which is dead but firmly rooted, shall be considered equally protective as live vegetation. Conduct the following standing vegetation test method to determine if 30% cover or more exists. If the resulting percent cover is less than 30% but equal to or greater than 10%, then conduct the test in Section 2.4 (Determination of Threshold Friction Velocity [TFV]) of this appendix in order to determine if the site is stabilized, such that the standing vegetation cover is equal to or greater than 10%, where threshold friction velocity, corrected for non-erodible elements, is equal to or greater than 43 cm/second. 2.6.1 For standing vegetation that consists of large, separate vegetative structures (e.g., shrubs and sagebrush), select a survey area that represents a random portion of the overall conditions of the site that is the shape of a square with sides equal to at least 10 times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three feet by three feet. 2.6.2 Count the number of standing vegetative structures within the survey area. Count vegetation, which grows in clumps as a single unit. Where different types of vegetation exist and/or vegetation of different height and width exists, separate the vegetative structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group that represents the average height and width of the vegetation in the group. If the structure is dense (e.g., when looking at it vertically from base to top there is little or zero open air space within its perimeter), calculate and record its frontal silhouette area, according to Equation 6 of this appendix. Also, use Equation 6 of this appendix to estimate the average height and width of the vegetation if the survey area is larger than nine square feet. Otherwise, use the procedure in Section 2.6.3 of this appendix to calculate the frontal silhouette area. Then calculate the percent cover of standing vegetation according to Equations 7, 8, and 9 of this appendix. Average Height × Average Width = Frontal Silhouette Area Eq. 6 Frontal Silhouette Area of Individual Vegetative Structure × Number of Vegetation Structures Per Group = Frontal Silhouette Area of Group Eq. 7 Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 (etc.) = Total Frontal Silhouette Area. Eq. 8 (Total Frontal Silhouette Area ÷ Survey Area) × 100 = Percent Cover of Standing Vegetation Eq. 9 [(Number of Circled Gridlines within the Outlined Area Counted that are not Covered by Vegetation ÷ Total Number of Gridline Intersections within the Outlined Area) × 100] = Percent Open Space Eq. 10 100 – Percent Open Space = Percent Vegetative Density C-11 Eq. 11 Percent Vegetative Density ÷ 100 = Vegetative Density Eq. 12 Max. Height × Max. Width × (Vegetative Density ÷ 0.4)0 5 = Frontal Silhouette Area Eq. 13 Note: Ensure consistent units of measurement (e.g., square meters or square inches) when calculating percent cover. 2.6.3 Vegetative Density Factor: Cut a single, representative piece of vegetation (or consolidated vegetative structure) to within 1 cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the vegetation flat on top of the grid (but do not apply pressure to flatten the structure). Grid boxes of 1-inch or ½-inch squares are sufficient for most vegetation when conducting this procedure. Using a marker or pencil, outline the shape of the vegetation along its outer perimeter, according to Figure B, C, or D of this appendix, as appropriate. (Note: Figure C differs from Figure D primarily in that the width of vegetation in Figure C is narrow at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation generally becomes narrower from its midpoint to its tallest height.) Remove the vegetation, count and record the total number of gridline intersections within the outlined area, but do not count gridline intersections that connect with the outlined shape. There must be at least 10 gridline intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a 3/32-inch diameter) at each gridline intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distance of approximately 2 feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use Equations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use an equation (one of the Equations 14, 15, or 16 of this appendix) that matches the outline used to trace the vegetation (Figure B, C, or D) to calculate its frontal silhouette area. If percent vegetative density is less than 30, use Equations 12 and 13 of this appendix to calculate the frontal silhouette area. Figure B. Cylinder Frontal Silhouette Area = Maximum Height × Maximum Width C-12 Eq. 14 Figure C. Inverted Cone Frontal Silhouette Area = Maximum Height × ½ Maximum Width Eq. 15 Figure D. Upper Sphere Frontal Silhouette Area = (3.14 × Maximum Height × ½ Maximum Width) ÷ 2 2.7 Eq. 16 Rock Test Method: The Rock Test Method, which is similar to Section 2.4 (Test Methods for Stabilization-Determination of Threshold Friction Velocity [TFV]) of this appendix, examines the wind-resistance effects of rocks and other non-erodible elements on disturbed surfaces. Non-erodible elements are objects larger than 1 centimeter (cm) in diameter that remain firmly in place even on windy days. Typically, nonerodible elements include rocks, stones, glass fragments, and hard-packed clumps of soil lying on or embedded in the surface. Vegetation does not count as a non-erodible element in this method. The purpose of this test method is to estimate the percent cover of non-erodible elements on a given surface to see whether such elements take up enough space to offer protection against windblown dust. For simplification, the following test method refers to all non-erodible elements as “rocks”. 2.7.1 Select a 1-meter × 1-meter survey area that represents the general rock distribution on the surface. (A 1-meter × 1-meter area is slightly greater than a 3-foot × 3-foot area). Mark off the survey area by tracing a straight, visible line in the dirt along the edge of a measuring tape or by placing short ropes, yard sticks, or other straight objects in a square around the survey area. 2.7.2 Without moving any of the rocks or other elements, examine the survey area. Since rocks > 3/8 inch (1 cm) in diameter are of interest, measure the diameter of some of the smaller rocks to a get a sense for which rocks need to be considered. C-13 2.7.3 Mentally group the rocks > 3/8 inch (1 cm) diameter lying in the survey area into small, medium, and large size categories. Or, if the rocks are all approximately the same size, simply select a rock of average size and typical shape. Without removing any of the rocks from the ground, count the number of rocks in the survey area in each group and write down the resulting number. 2.7.4 Without removing rocks, select one or two average-size rocks in each group and measure the length and width. Use either metric units or standard units. Using a calculator, multiply the length times the width of the rocks to get the average dimensions of the rocks in each group. Write down the results for each rock group. 2.7.5 For each rock group, multiply the average dimensions (length times width) by the number of rocks counted in the group. Add the results from each rock group to get the total rock area within the survey area. 2.7.6 Divide the total rock area, calculated in Section 2.7.5 of this appendix, by two (to get frontal area). Divide the resulting number by the size of the survey area (making sure the units of measurement match), and multiply by 100 for percent rock cover. For example, the total rock area is 1,400 square centimeters, divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 meter by 1 meter, which is 100 centimeters by 100 centimeters or 10,000 square centimeters), and multiply by 100. The result is 7% rock cover. If rock measurements are made in inches, convert the survey area from meters to inches (1 inch = 2.54 centimeters). 2.7.7 Select and mark off two additional survey areas and repeat the procedures described in Sections 2.7.1 through 2.7.6 of this appendix. Make sure the additional survey areas also represent the general rock distribution on the site. Average the percent cover results from all three survey areas to estimate the average percent of rock cover. 2.7.8 If the average rock cover is greater than or equal to 10%, the surface is stable. If the average rock cover is less than 10%, follow the procedures in Section 2.7.9 of this appendix. 2.7.9 If the average rock cover is less than 10%, the surface may or may not be stable. Follow the procedures in Section 2.4 (Determination of Threshold Friction Velocity [TFV]) of this rule and use the results from the rock test method as a correction (i.e., multiplication) factor. If the rock cover is at least 1%, such rock cover helps to limit windblown dust. However, depending on the soil’s ability to release fine dust particles into the air, the percent rock cover may or may not be sufficient enough to stabilize the surface. It is also possible that the soil itself has a high enough TFV to be stable without even accounting for rock cover. C-14 2.7.10 After completing the procedures described in Section 2.7.9 of this appendix, use Table 2 of this appendix to identify the appropriate correction factor to the TFV, depending on the percent rock cover. Multiply the correction factor by the TFV value for a final TFV estimate that is corrected for non-erodible elements. 3. VISUAL OPACITY DETERMINATION OF EMISSIONS FROM DUSTGENERATING OPERATIONS 3.1 Applicability: This method is applicable for the determination of opacity of fugitive dust plumes from dust-generating operations. 3.2 Principle: the opacity of emissions from sources of visible emissions is determined visually by an observer qualified according to the procedures of Section 3.4 of this appendix. 3.3 Procedures: An observer qualified in accordance with Section 3.4 of this appendix, shall use the following procedures for visually determining the opacity of emissions. 3.3.1 To determine the opacity of non-continuous dust plumes caused by activities including, but not limited to, bulk material loading/unloading, nonconveyorized screening, or trenching with backhoes: a. Position: Stand at least 25 feet from the dust-generating operation in order to provide a clear view of the emissions with the sun oriented in the 140º sector to the back. Choose a discrete portion of the operation for observation, such as the unloading point, not the whole operation. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not include more than one plume in the line of sight at one time. b. Initial Fallout Zone: The initial fallout zone within the plume must be identified. Record the distance from the equipment or path that is your identified initial fallout zone. The initial fallout zone is that area where the heaviest particles drop out of the entrained fugitive dust plume. Opacity readings should be taken at the maximum point of the entrained fugitive dust plume that is located outside the initial fallout zone. c. Field Records: Note the following on an observational record sheet: (1) Location of dust-generating operation, type of operation, type of equipment in use and activity, and method of control used, if any; (2) Observer's name, certification data and affiliation, a sketch of the observer's position relative to the dust-generating operation, and C-15 observer’s estimated distance and direction to the location of the dustgenerating operation; (3) Time that readings begin, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds); and (4) Color of the plume and type of background. d. Observations: Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. Make two observations per discrete activity, beginning with the first reading at zero seconds and the second reading at five seconds. The zero-second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds. e. Recording Observations: Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a five-second period. Repeat observations until you have recorded at least a total of 12 consecutive opacity readings. The 12 consecutive readings must be taken within the same period of observation but must not exceed one hour. Observations immediately preceding and following interrupted observations can be considered consecutive (e.g., vehicle traveled in front of path, plume doubled over). f. Data Reduction: Average 12 consecutive opacity readings together. If the average opacity reading equals 20% or lower, the dust-generating operation is in compliance. 3.3.2 To determine the opacity of continuous dust plumes caused by equipment and activities including but not limited to graders, trenchers, paddlewheels, blades, clearing, leveling, and raking: a. Position: Stand at least 25 feet from the dust-generating operation to provide a clear view of the emissions with the sun oriented in the 140º sector to your back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. b. Dust Plume: Evaluate the dust plume generation and determine if the observations will be made from a single plume or from multiple related plumes. C-16 (1) If a single piece of equipment is observed working, then all measurements should be taken off the resultant plume as long as the equipment remains within the 140º sector to the back. (2) If there are multiple related sources or multiple related points of emissions of dust from a particular activity, or multiple pieces of equipment operating in a confined area, opacity readings should be taken at the densest point within the discrete length of equipment travel path within the 140º sector to the back. Readings can be taken for more than one piece of equipment within the discrete length of travel path within the 140º sector to the back. c. Initial Fallout Zone: The initial fallout zone within the plume must be identified. Record the distance from the equipment or path that is your identified initial fallout zone. The initial fallout zone is that area where the heaviest particles drop out of the entrained fugitive dust plume. Opacity readings should be taken at the maximum point of the entrained fugitive dust plume that is located outside the initial fallout zone. d. Field Records: Note the following on an observational record sheet: (1) Location of the dust-generating operation, type of operation, type of equipment in use and activity, and method of control used, if any; (2) Observer's name, certification data and affiliation, a sketch of the observer's position relative to the dust-generating operation, and observer’s estimated distance and direction to the location of the dustgenerating operation; and (3) Time that readings begin, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds). e. Observations: Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. Make opacity observations at a point beyond the fallout zone. The observations should be made at the densest point. Observations will be made every 10 seconds until at least 12 readings have been recorded. Do not look continuously at the plume, but observe the plume momentarily at 10-second intervals. If the equipment generating the plume travels outside the field of observation or if the equipment ceases to operate, mark an “X” for the 10second reading interval. Mark an “X” when plumes are stacked or doubled, either behind or in front, or become parallel to line of sight. Opacity readings identified as “X” shall be considered interrupted readings. C-17 f. Recording Observations: Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 10-second period. g. Data Reduction: Average 12 consecutive opacity readings together. If the average opacity reading equals 20% or lower, the dust-generating operation is in compliance. 3.4 Qualification and Testing: 3.4.1 Certification Requirements: To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5% increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15% opacity on any one reading and an average error not to exceed 7.5% opacity in each category. Candidates shall be tested according to the procedures described in Section 3.4.2 of this appendix. Any smoke generator used pursuant to Section 3.4.2 of this appendix shall be equipped with a smoke meter which meets the requirements of Section 3.4.3 of this appendix. Certification tests that do not meet the requirements of Sections 3.4.2 and 3.4.3 of this appendix are not valid. The certification shall be valid for a period of 6 months, and after each 6-month period the qualification procedures must be repeated by an observer in order to retain certification. 3.4.2 Certification Procedure: The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes shall be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator, during which candidates are shown black and white plumes of known opacity. 3.4.3 Smoke Generator Specifications: Any smoke generator used for the purpose of Section 3.4.2 of this appendix shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display in-stack opacity, based upon a path length equal to the stack exit diameter on a full 0% to 100% chart recorder scale. The smoke meter optical design and performance shall meet the specifications shown in Table 3 of this appendix. The smoke meter shall be calibrated as prescribed in Section 3.4.3(a) of this appendix prior to conducting each smoke reading test. At the completion of each test, the zero and span drift shall be checked, and if the drift exceeds plus or minus 1% opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter C-18 shall be demonstrated, at the time of installation, to meet the specifications listed in Table 3 of this appendix. This demonstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry, including the chart recorder or output meter, or every 6 months, whichever occurs first. a. Calibration: The smoke meter is calibrated after allowing a minimum of 30 minutes warm-up by alternately producing simulated opacity of 0% and 100%. When stable response at 0% or 100% is noted, the smoke meter is adjusted to produce an output of 0% or 100%, as appropriate. This calibration shall be repeated until stable 0% and 100% readings are produced without adjustment. Simulated 0% and 100% opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke. b. Smoke Meter Evaluation: The smoke meter design and performance are to be evaluated as follows: (1) Light Source: Verify, from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within plus or minus 5% of the nominal rated voltage. (2) Spectral Response of Photocell: Verify from manufacturer's data that the photocell has a photopic response (i.e., the spectral sensitivity of the cell shall closely approximate the standard spectral-luminosity curve for photopic vision which is referenced in (b) of Table 3 of this appendix). (3) Angle of View: Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15°. Calculate the total angle of view (φ v ) as follows: Total Angle of View = 2 tan-1 (d/2L) where: d = The photocell diameter + the diameter of the limiting aperture; and L = The distance from the photocell to the limiting aperture. The limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate. (4) Angle of Projection: Check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15°. Calculate the total angle of projection (φ p ) as follows: Total Angle of Projection = 2 tan-1 (d/2L) C-19 where: d = The sum of the length of the lamp filament + the diameter of the limiting aperture; and L = The distance from the lamp to the limiting aperture. (5) Calibration Error: Using neutral-density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter, according to Section 3.4.3(a) of this appendix, and then inserting a series of three neutral-density filters of nominal opacity of 20%, 50%, and 75% in the smoke meter path length. Use filters calibrated within plus or minus 2%. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum opacity error on any one reading shall be plus or minus 3%. (6) Zero and Span Drift: Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1-hour period. The drift is measured by checking the zero and span at the end of this period. (7) Response Time: Determine the response time by producing the series of five simulated 0% and 100% opacity values and observing the time required to reach stable response. Opacity values of 0% and 100% may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating. Table 3. Smoke Meter Design and Performance Specifications Parameter Specification a. Light source Incandescent lamp operated at nominal rated voltage. b. Spectral response of photocell Photopic (daylight spectral response of the human eye) c. Angle of view 15° maximum total angle d. Angle of projection 15° maximum total angle e. Calibration error Plus or minus 3% opacity, maximum f. Zero and span drift Plus or minus 1% opacity, 30 minutes g. Response time Less than or equal to 5 seconds 4. VISUAL OPACITY DETERMINATION OF EMISSIONS FROM LIVESTOCK ACTIVITIES – CORRALS, PENS, AND ARENAS 4.1 Applicability: This method is applicable for the determination of opacity of fugitive dust plumes from livestock activities (corrals, pens, and arenas). 4.2 Principle: The opacity of emissions from livestock activities (corrals, pens, and arenas) is determined visually by an observer qualified according to Section 3.4 of this appendix. C-20 4.3 Procedures: An observer qualified in accordance with Section 3.4 of this appendix, shall use the following procedures for visually determining the opacity of emissions: 4.3.1 Position: Stand at a position at least 5 meters from the livestock activities (corrals, pens, and arenas) in order to provide a clear view of the emissions with the sun oriented in the 140° sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of sight is approximately perpendicular to the plume and wind direction. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at one time. 4.3.2 Field Records: Record the name of the site, method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the livestock activity (corrals, pens, and arenas). Also, record the time, estimated distance to the livestock activity (corrals, pens, and arenas) location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position relative to the livestock activity (corrals, pens, and arenas), and color of the plume and type of background on the visible emission observation from when opacity readings are initiated and completed. 4.3.3 Observations: Make opacity observations, to the extent possible, using a contrasting background. For storage piles, make opacity observations approximately 1 meter above the surface from which the plume is generated. The initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume, but instead observe the plume momentarily at 15-second intervals. 4.3.4 Recording Observations: Record the opacity observations to the nearest 5% every 15 seconds on an observational record sheet. If a multiple plume exists at the time of an observation, do not record an opacity reading. Mark an “X” for that reading. If the livestock activity (corrals, pens, and arenas) ceases operating, mark an “X” for the 15-second interval reading. Readings identified as “X” shall be considered interrupted readings. 4.3.5 Data Reduction: Within any 60-minute period, count at least three minutes that are greater than 20% opacity. If at least 13 readings are greater than 20% opacity, the livestock activity (corrals, pens, and arenas) is not in compliance. Readings immediately preceding and following interrupted readings shall be deemed consecutive and in no case shall two sets overlap, resulting in multiple violations. C-21 BLANK PAGE C-22 Return to Table of Contents Adopted 07/26/00 Revised 08/22/01 APPENDIX D List Of Insignificant Activities The List of Insignificant Activities is a list of most common insignificant activities. An insignificant activity is any activity, process, or emissions unit that is not subject to a sourcespecific applicable requirement and that emits no more than 0.5 ton per year of hazardous air pollutants (HAPs) and no more than 2 tons per year of a regulated air pollutant. Source-specific applicable requirements include requirements for which emissions unit-specific information is needed to determine applicability. Pursuant to Rule 200 of these rules, a Non-Title V source is not required to list nor to describe insignificant activities in a permit application. If a Non-Title V source’s emissions are approaching an applicable requirement, then such Non-Title V source may also be required to include, in a permit application, a description of its insignificant activities and emissions calculations for such insignificant activities. Pursuant to Rule 200 of these rules, a Title V source, in a permit application, may, rather than supplying detailed information, list and generally group its insignificant activities. However, an application may not omit information regarding insignificant activities that is needed to determine: (1) applicability of or to impose any applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the fee amount required under these rules. An activity, process, or emissions unit that is not included in this list may be considered an insignificant activity, if it meets the definition of insignificant activity in Rule 100 (General Provisions and Definitions) of these rules and is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA). A source may request approval for the classification of an activity as insignificant by including such a request in its permit application, along with justification that such activity meets the definition of insignificant activity in Rule 100 (General Provisions and Definitions) of these rules. 1. 2. 1. 2. Food Processing Equipment: Any confection cooker and associated venting or control equipment cooking edible products intended for human consumption. Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of operation. General Combustion Activities: All natural gas and/or liquefied petroleum gas-fired pieces of equipment over 300,000 BTU per hour, only if the input capacities added together are less than 2,000,000 BTU per hour, the emissions come from fuel burning, and the equipment is used solely for heating buildings for personal comfort or for producing hot water for personal use. Any oil-fueled heating piece of equipment (except off-spec. oil) with a maximum rate input capacity or an aggregate input capacity of less than: (a) 500,000 BTU/hour if only emissions came from fuel burning, or (b) 1,000,000 BTU/hour if only emissions came from fuel burning and the equipment is used solely for heating buildings for personal comfort or for producing hot water for personal use. D-1 1. 1. 1. 2. 1. 1. 2. 3. 4. 5. 6. 7. 1. Surface Coating And Printing Equipment: Any equipment or activity using no more than one gallon per day of surface coating or any combination of surface coating and solvent, which contains either VOC or hazardous air pollutants (HAPs) or both. Solvent Cleaning Equipment: Any non-vapor cleaning machine (degreaser) or dip-tank having a liquid surface area of 1 square foot (0.09 square meters) or less, or having a maximum capacity of 1 gallon (3.79 liters) or less. Internal Combustion (IC) Equipment: IC engine-driven compressors, IC engine-driven electrical generator sets, and IC enginedriven water pumps used only for emergency replacement or standby service (including testing of same), not to exceed 4,000 pounds of NOx and CO at 500 hours of operation per year. Any piston-type IC engine with a manufacturer’s maximum continuous rating of no more than 50 brake horsepower (bhp). Laboratories And Pilot Plants: Lab equipment used exclusively for chemical and physical analyses. Storage And Distribution: Chemical or petroleum storage tanks or containers that hold 250 gallons or less and would have emissions of a regulated air pollutant. Any emissions unit, operation, or activity that handles or stores no more than 12,000 gallons of a liquid with a vapor pressure less than 1.5 psia. Any equipment used exclusively for the storage of unheated organic material with: (1) an initial boiling point of 150° Centigrade (C) (302° Fahrenheit (F)) or greater, as determined by ASTM test method 1078-86; or (2) a vapor pressure of no more than 5 millimeters mercury (mmHg) (0.1 pound per square inch (psi) absolute), as determined by ASTM test method D2879-86. Any equipment with a capacity of no more than 4,200 gallons (100 barrels) used exclusively to store oil with specific gravity 0.8762 or higher (30° API or lower), as measured by API test method 2547 or ASTM test method D-1298-80. Any equipment used exclusively for the storage of liquefied gases in unvented pressure vessels, except for emergency pressure-relief valves. Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated with the dry natural gas should not be considered an insignificant activity, unless such ICE or other equipment independently qualifies as an insignificant activity. Any equipment used exclusively for the storage of fresh, commercial, or purer grade of: (1) sulfuric or phosphoric acid with acid content of no more than 99% by weight; or (2) nitric acid with acid content of no more than 70% by weight. Miscellaneous Activities: Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment venting such blast cleaning equipment. D-2 2. 3. 4. 5. 6. 7. 8. 9. Cooling towers: Any water cooling tower which: (1) has a circulation rate of less than 10,000 gallons per minute; and (2) is not used to cool process water, water from barometric jets, or water from barometric condensers. Batch mixers with rated capacity of 5 cubic feet or less. Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose production rate is 200 tons per hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissions units, which are used to crush or grind any non-metallic minerals. Any other activity pursuant to Rule 200 of these rules, which meets all of the following requirements: (a) Is not otherwise subject to a source-specific applicable requirement. (b) Is not needed to determine all applicable requirements, compliance status, or fee amounts. (c) Does not emit more than 0.5 ton per year of hazardous air pollutants (HAPs) or more than 2 tons per year of a regulated air pollutant, and (d) Is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA). Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction activities and with the potential to emit hazardous air pollutant (HAP) metals, provided the total emissions of HAPs do not exceed 0.5 tons per year. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass, or wood. Any aerosol can puncturing or crushing operation that processes less than 500 cans per day, provided such operation uses a closed loop recovery system. Any laboratory fume hood or vent, provided such equipment is used exclusively for the purpose of teaching, research, or quality control. D-3 BLANK PAGE D-4 Return to Table of Contents Adopted 07/26/00 Revised 08/22/01 APPENDIX E List Of Trivial Activities The List of Trivial Activities is a list of most common trivial activities. A trivial activity is any activity, process, or emissions unit that has extremely low emissions and is not subject to a source-specific requirement. An activity, process, or emissions unit that is conducted as part of a manufacturing process or is related to the source’s primary business activity is not considered trivial. Pursuant to Rule 200 of these rules, Title V sources and Non-Title V sources are not required, in permit applications, to list trivial activities, to describe trivial activities, nor to include the emissions from trivial activities. 1. General Combustion Activities: Combustion emissions from propulsion of mobile sources, except for vessel emissions from outer continental shelf sources. 1. Surface Coating And Printing Equipment: Equipment used for surface coating, painting, dipping or spraying operations, except those that will emit volatile organic compounds (VOC) or hazardous air pollutants (HAPs). 1. Cleaning Equipment: Laundry activities, except for dry-cleaning and steam boilers. 1. 2. Internal Combustion Equipment: Internal combustion (IC) engines used for landscaping purposes. Emergency (backup) electrical generators at residential locations. 1. 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. Testing And Monitoring Equipment: Routine calibration and maintenance of laboratory equipment or other analytical instruments. Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis. Hydraulic and hydrostatic testing equipment. Environmental chambers not using HAP gases. Shock chambers. Humidity chambers. Solar simulators. Vents from continuous emissions monitors and other analyzers. Office Equipment: Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process. Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproduction. E-1 4. 5. 6. 1. 2. 3. 1. 2. 3. Bathroom/toilet vent emissions. Tobacco smoking rooms and areas. Consumer use of paper trimmers/binders. Repair And Maintenance: Janitorial services and consumer use of janitorial products. Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, and paving parking lots), provided these activities are not conducted as part of a manufacturing process, are not related to the source’s primary business activity, and not otherwise triggering a permit modification. Cleaning and painting activities qualify, if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners and/or operators must still get a permit, if otherwise required. Repair or maintenance shop activities not related to the source’s primary business activity (excluding emissions from surface coating or degreasing (solvent metal cleaning) activities) and not otherwise triggering a permit modification. Storage And Distribution: Storage tanks, vessels, containers holding or storing liquid substances that will not emit any VOC or HAPs. Exemptions for storage tanks containing petroleum liquids or other VOCs should be based on size limits and vapor pressure of liquids stored and are not appropriate for this list. Demineralized water tanks and demineralizer vents. Boiler water treatment operations, not including cooling towers. 4. Hand Operated Equipment: Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic. Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation. Portable electrical generators that can be moved by hand from one location to another. “Moved by hand” means that it can be moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device. Air compressors and pneumatically operated equipment, including hand tools. 1. Food Equipment: Non-commercial food preparation. 1. 2. Water And Waste Water Treatment: Process water filtration systems and demineralizers. Oxygen scavenging (de-aeration) of water. 1. 2. 3. Emergency Equipment: 1. 2. Fire suppression systems. Emergency road flares. E-2 1. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Roadways And Motor Vehicles: Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is submitted. Miscellaneous Activities: Blacksmith forges. Brazing, soldering and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals. Batteries and battery charging stations, except at battery manufacturing plants. Storage tanks, reservoirs, and pumping and handling equipment, of any size, containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized. Drop hammers or hydraulic presses for forging or metalworking. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities. CO2 lasers, used only on metals and other materials which do not emit HAPs in the process. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves, or the boilers delivering the steam. Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants. Laser trimmers using dust collection to prevent fugitive emissions. Ozone generators. Steam vents and safety relief valves. Steam leaks. Steam cleaning operations. Steam sterilizers. Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment. Bench-scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents. E-3 BLANK PAGE E-4 Return to Table of Contents Adopted 04/07/04 APPENDIX F SOIL DESIGNATIONS INDEX SECTION 1 – SOIL DESCRIPTIONS SECTION 2 – SOIL MAP MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS APPENDIX F SOIL DESIGNATIONS 1. SOIL DESCRIPTIONS a. VERY SLIGHT SOIL TEXTURE – includes very fine sand, fine sand, sand, coarse sand, loamy very fine sand, loamy fine sand, loamy sand. b. SLIGHT SOIL TEXTURE – includes very fine sandy loam, fine sandy loam, sandy loam, course sandy loam. c. MODERATE SOIL TEXTURE – includes loam, silt loam, clay loam, silty clay loam, sandy clay loam. d. SEVERE SOIL TEXTURE – includes clay, silty clay, sandy clay. 2. SOIL MAP F-1 Note: Inconsistencies in soil texture acro soil survey boundaries may exist d to the varying age of surveys and the survey area land use driving th data collection criteria. BLANK PAGE F-4 Return to Table of Contents Adopted 03/15/06 Revised 12/17/08 Revised 09/16/09 Revised 07/07/10 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS APPENDIX G Incorporated Materials 1. The following test methods, protocols, federal interpretations, guidelines, and appendices located in Title 40, Code of Federal Regulations (CFR) are approved for use as directed by the department under the Maricopa County Air Pollution Control Regulations. These standards are incorporated by reference revised as of July 1, 2009, and no future editions or amendments. a. b. c. d. e. f. g. h. i. j. k. 2. 40 CFR 50; 40 CFR 50, Appendices A through R; 40 CFR 51, Appendix M; Appendix S, Section IV; and Appendix W; 40 CFR 52, Appendices D and E; 40 CFR 53; 40 CFR 58; 40 CFR 58, Appendices A, C, D, E, and G; 40 CFR 60, Appendices A-1, A-2, A-3, A-4, A-5, A-6, A-7, A-8, B, C, D, F, G, and I; 40 CFR 61, Appendices A, B, C, D, and E; 40 CFR 63, all appendices; and 40 CFR 75, Appendices A, B, C, D, E, F, G, and K. The following documents are incorporated by reference and are approved for use as directed by the department under the Maricopa County Air Pollution Control Regulations. These documents are incorporated by reference as of the year specified below, and no future editions or amendments. a. The Arizona Department of Environmental Quality's (ADEQ) “Arizona Testing Manual for Air Pollutant Emissions,” amended as of March 1992, and no future editions or amendments. b. All American Society for Testing and Materials (ASTM) test methods referenced in the Maricopa County Air Pollution Control Regulations as of the year specified in the reference, and no future editions or amendments. c. The U.S. Government Printing Office's “Standard Industrial Classification Manual, 1987”, published by the Executive Office of the President, Office of Management and Budget, and no future editions or amendments. d. EPA Publication No. AP-42, 1995, “Compilation of Air Pollutant Emission Factors,” Volume I: Stationary Point and Area Sources, Fifth Edition, including Supplements G-1 A, B, C, D, E, F, Updates 2001, 2002, 2003, and 2004 and all updates as of July 1, 2009, and no future editions or amendments. e. EPA guidance document “Guidelines for Determining Capture Efficiency”, January 9, 1995, and no future editions or amendments. f. 2002 US NAICS Manual, “North American Industry Classification System United States”, National Technical Information Service, US Census Bureau, 2002, and no future editions or amendments. 3. The following federal regulations located in Title 40, Code of Federal Regulations (CFR) are approved for use as directed by the department under the Maricopa County Air Pollution Control Regulations. These standards are incorporated by reference revised as of July 1, 2009, and no future editions or amendments. a. The Consolidated Emissions Reporting Rule in 40 CFR 51, Subpart A, Appendix A, Table 2A. b. 40 CFR 75. Availability of Information: Copies of these incorporated materials are available at the Maricopa County Air Quality Department, 1001 N. Central Ave., Phoenix, AZ, 85004, or by calling (602) 506-0169 for information. G-2 Return to Table of Contents Adopted 06/06/07 APPENDIX H PROCEDURES FOR DETERMINING AMBIENT AIR CONCENTRATIONS FOR HAZARDOUS AIR POLLUTANTS INDEX SECTION 1 – APPLICABILITY SECTION 2 – CHRONIC AMBIENT AIR CONCENTRATIONS SECTION 3 – ACUTE AMBIENT AIR CONCENTRATIONS H.1 PAGE BREAK H.2 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS APPENDIX H PROCEDURES FOR DETERMINING AMBIENT AIR CONCENTRATIONS FOR HAZARDOUS AIR POLLUTANTS 1. 2. APPLICABILITY: The procedure described in Appendix H of these rules shall be used to develop chronic ambient air concentrations (CAACs) and acute ambient air concentrations (AAACs) for hazardous air pollutants (HAPs) for the following: a. Any HAP not included in Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) ProgramTable 3-Acute And Chronic Ambient Air Concentrations of these rules; and b. Any compound included in a group of HAPs listed in Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) Program-Table 3-Acute And Chronic Ambient Air Concentrations of these rules, other than those identified in the group listing as the “selected” compound. CHRONIC AMBIENT AIR CONCENTRATIONS: a. The applicant shall review the following data sources and, except as otherwise provided, shall give them the priority indicated in the development of chronic ambient air concentrations (CAACs): (1) Tier 1 Data Sources: Reference Concentrations (RfCs) and air Unit Risk Factors (URFs) as presented in the Integrated Risk Information System (IRIS) of the United States Environmental Protection Agency (EPA). (2) Tier 2 Data Sources: (3) b. (a) Preliminary Remediation Goals (PRGs) developed by Region 9 of the EPA. (b) Risk-Based Concentrations (RBCs) developed by Region 3 of the EPA. Tier 3 Data Sources: (a) Minimal Risk Levels (MRLs) developed by the Agency For Toxic Substances And Disease Registry (ATSDR). (b) Reference Exposure Levels (RELs) and Unit Risk Factors (CalURFs) developed by the California Environmental Protection Agency. Evaluation Of Tier 1 Values: (1) Calculation Of Concentrations: (a) Reference Concentrations (RfCs) shall be multiplied by 1.04 to reflect an assumed exposure of 350 rather than 365 days per year. (b) Unit Risk Factors (URFs) shall be transformed into concentrations in milligrams per cubic meter (mg/m3) by applying the following equation: TR x ATc/(EF x IFA adj x [URF x BW/IR]) H.3 Where: TR = 1E-06 ATc = 25,550 days EF = 350 days/year IFA adj = 11m3-year/kg-day BW = 70 kg IR = 20 m3/day (2) c. Comparison To Tier 2 And Tier 3 Concentrations: (a) The concentration developed in accordance with Section 2(b)(1) of this appendix shall be compared to the Tier 2 and Tier 3 concentrations for the compound, if any. (b) Unit Risk Factor (URF)-based concentrations shall be compared only to concentrations based on Unit Risk Factors (CalURFs) developed by the California Environmental Protection Agency. (c) Reference Concentrations (RfCs)-based concentrations shall be compared to concentrations based on Preliminary Remediation Goals (PRGs), Risk-Based Concentrations (RBCs), Minimal Risk Levels (MRLs), and Reference Exposure Levels (RELs). (d) If there is reasonable agreement between Tier 1 concentration and the other concentrations for the compound, the Tier 1 concentration shall be selected as the chronic ambient air concentration (CAAC). (e) If the Tier 1 concentration is not in reasonable agreement with the other concentrations and one of the other concentrations is based on more recent or relevant studies that concentration shall be selected as the chronic ambient air concentration (CAAC). Otherwise, the Tier 1 concentration shall be selected. (3) If both a Reference Concentration (RfC)-based and a Unit Risk Factor (URF)-based Tier 1 concentration is selected under Section 2(b)(2) of this appendix, the more stringent of the two shall be used as the chronic ambient air concentration (CAAC). (4) If a Tier 1 value is selected in accordance with this section of this appendix, no further evaluation of Tier 2 or Tier 3 concentrations is required. Evaluation Of Tier 2 Concentrations: (1) Selection Of Tier 2 Values For Further Evaluation: (a) If there is only a Preliminary Remediation Goal (PRG) or Risk-Based Concentrations (RBCs) for the compound, it shall be selected for further evaluation in accordance with Section 2(c)(2) of this appendix. (b) If there is both a Preliminary Remediation Goal (PRG) and a Risk-Based Concentration (RBC) for the compound, the concentrations shall be compared. If the concentrations are similar, the Preliminary Remediation Goal (PRG) shall be selected for further evaluation. If the concentrations are not similar and the Risk-Based Concentration (RBC) is based on more relevant or more recent studies, it shall be selected for further evaluation. Otherwise, the Preliminary Remediation Goal (PRG) shall be selected. H.4 (2) d. Comparison To Tier 3 Concentrations: (a) The concentration developed in accordance with Section 2(c)(1) of this appendix shall be compared to the Tier 3 concentrations for the compound, if any. For purposes of this comparison, only Minimal Risk Level (MRL)-based or Reference Exposure Level (REL)-based concentrations shall be considered. (b) If there is reasonable agreement between the Tier 2 concentrations and the Tier 3 concentrations for the compound, the Tier 2 concentration shall be selected as the chronic ambient air concentration (CAAC). (c) If the Tier 2 concentration is not in reasonable agreement with the Tier 3 concentrations and one of the Tier 3 concentrations is based on more recent or relevant studies, that concentration shall be selected as the chronic ambient air concentration (CAAC). Otherwise, the Tier 2 concentration shall be selected. (d) If the Tier 2 concentration is selected in accordance with Section 2(c) of this appendix, no further evaluation of Tier 3 concentrations is required. Evaluation Of Tier 3 Values: (1) Calculation Of Concentrations: (a) Minimal Risk Levels (MRLs) and Reference Exposure Levels (RELs) shall be multiplied by 1.04 to reflect an assumed exposure of 350 rather than 365 days per year. (b) Unit Risk Factors (CalURFs) developed by the California Environmental Protection Agency shall be transformed into concentrations in milligrams per cubic meter (mg/m3) by applying the following equation: TR x ATc/(EF x IFA adj x [CalURF x BW/IR]) Where: TR = 1E-06 ATc = 25,550 days EF = 350 days/year IFA adj = 11m3-year/kg-day BW = 70 kg IR = 20 m3/day (2) e. Selection Of Concentration: (a) If both a Minimal Risk Level (MRL) and a Reference Exposure Level (REL) exist for the compound, the most appropriate shall be selected after considering the relevance and timing of the studies on which the levels are based. (b) If there is both a Unit Risk Factors (CalURFs) developed by the California Environmental Protection Agency-based concentration and a concentration based on a Minimal Risk Level (MRL) or a Reference Exposure Level (REL) for the compound, the more stringent of the two shall be selected. No Available Data: If there is no data available in any of the sources identified in Section 2(a) of this appendix for the compound, the applicant must perform a Tier 4 risk management analysis (RMA) under Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) Program-Section 306-Risk Management Analysis (RMA) of these rules or forego the risk management analysis (RMA) option. H.5 3. ACUTE AMBIENT AIR CONCENTRATIONS: a. Selection Of Concentration: (1) (2) The first concentration identified by evaluating the following data sources in the order listed shall be adjusted, where required, and used as the acute ambient air concentration (AAAC) for the compound: (a) The level 2 four-hour average Acute Exposure Guideline Level developed by the EPA Office Of Prevention-Pesticides And Toxic Substances. (b) The level 2 Emergency Response Planning Guideline (ERPG) developed by the American Industrial Hygiene Association. The acute ambient air concentration (AAAC) shall be the Emergency Response Planning Guideline (ERPG) divided by two. (c) The level 2 Temporary Emergency Exposure Limit (TEEL) developed by the United States Department Of Energy’s Emergency Management Advisory Committee’s Subcommittee On Consequence Assessment And Protective Action. The acute ambient air concentration (AAAC) shall be the Temporary Emergency Exposure Limit (TEEL) divided by two. No Available Data: If there is no data available in any of the sources identified in Section 3(a) of this appendix, the applicant must perform a Tier 4 risk management analysis (RMA) under Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) Program-Section 306-Risk Management Analysis (RMA) of these rules or forego the risk management analysis (RMA) option. H.6