Air Quality Division REVISION STATE IMPLEMENTATION PLAN FOR REGIONAL HAZE December 31, 2004 This page left intentionally blank. A RIZONA D EPARTMENT OF E NVIRONMENTAL Q UALITY Janet Napolitano Governor 1110 West Washington Street Ÿ Phoenix, Arizona 85007 (602) 771-2300 Ÿ www.adeq.state.az.us Stephen A. Owens Director December 30, 2004 Mr. Wayne Nastri Regional Administrator U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street, ORA-1 San Francisco, CA 94105 Re: Submittal of Arizona Regional Haze State Implementation Plan (SIP) Revision Dear Mr. Nastri: Consistent with the provisions of Arizona Revised Statutes (ARS) Title 49, '' 49-104, 49-106, 49-404, 49-406, 49-414, and 49-414.01 (Enclosure 1) and the Code of Federal Regulations (CFR) Title 40, '' 51.102-51.104, the Arizona Department of Environmental Quality (ADEQ) hereby adopts and submits to the U.S. Environmental Protection Agency (EPA), five copies of the Arizona Regional Haze State Implementation Plan Revision. The revision is a separate document to the Arizona Regional Haze State Implementation Plan submitted December 2003. The Revision meets specific commitments outlined in the December 2003 SIP (Enclosures 2 through 7) as well as a correction to the authorizing regional haze statutes. The submittal contains a SIP completeness checklist, and the following seven enclosures: $ $ $ $ Enclosure 1 contains copies of the State’s legal authority to develop and submit air quality plans, including the specific authority to develop the Regional Haze plan. Enclosure 2 contains Senate Bill 1064, transferring and renumbering the authorizing regional haze statutes ARS 49-458 and 49-458.01, and the public procedure documents for the related SIP revision. Enclosure 3 contains Arizona ’s SO2 Milestones and Backstop Trading Program rule, R18-2-1610 through R18-2-1613, effective December 20, 2004, and to be published in the Arizona Administrative Register January 14, 2005; this satisfies a commitment in Chapter 7.1, page 38, of the December 2003 Arizona Regional Haze State Implementation Plan. Enclosure 4 contains Unlawful Open Burning, R18-2-602, and Forest and Ra nge Management Burns, Article 15, as they appear in the Arizona Administrative Code; this satisfies a commitment to provide codified versions of the final rules submitted in the December 2003 Arizona Regional Haze State Implementation Plan. Northern Regional Office 1515 East Cedar Avenue Ÿ Suite F Ÿ Flagstaff, AZ 86004 (928) 779-0313 Southern Regional Office 400 West Congress Street Ÿ Suite 433 Ÿ Tucson, AZ 85701 (520) 628-6733 Printed on recycled paper This page left intentionally blank. Wayne Nastri December 30, 2004 Page 2 $ $ $ Enclosure 5 contains revisions to Pima County Code 17.12.480, Open Burning Permits (page 4609), in order to meet the requirements of Arizona’s Enhanced Smoke Management Plan; this satisfies a commitment in Chapter 10.3, page 76, of the December 2003 Arizona Regional Haze State Implementation Plan. Pima County Code 17.12.480 was effective November 19, 2004, and is part of a larger revision to Title 17 - Air Quality Control. Enclosure 6 contains revisions to Pinal County Code Sections 3-8-700 and 3-8-710, Open Burning Permits (page 5117), in order to meet the requirements of Arizona’s Enhanced Smoke Management Plan; this satisfies a commitment in Chapter 10.3, page 76, of the December 2003 Arizona Regional Haze State Implementation Plan. Sections 3-8-700 and 3-8-710 were effective October 27, 2004, and are part of a larger revision to Pinal County Air Quality Control District Codes. Enclosure 7 contains revisions to Maricopa County Rule 314, Open Outdoor Fires, in order to meet the requirements of Arizona’s Enhanced Smoke Management Plan; this satisfies a commitment in Chapter 10.3, page 76, of the December 2003 Arizona Regional Haze State Implementation Plan. Rule 314 was effective December 15, 2004, and will be published in the Arizona Administrative Register January 14, 2005. With this submittal, ADEQ requests that EPA approve this implementation plan revision. If you have any questions, please contact Nancy Wrona, Director, Air Quality Division, at (602) 771-2308 or Diane Arnst, Air Quality Planning Section Manager, at (602) 771-2375. Sincerely, Stephen A. Owens Director Enclosures (7) cc: Nancy Wrona, ADEQ Colleen McKaughan, EPA This page left intentionally blank. STATE IMPLEMENTATION PLAN COMPLETENESS CHECKLIST ARIZONA REGIONAL HAZE STATE IMPLEMENTATION PLAN (SIP) REVISION (December 31, 2004) 1. SUBMITTAL LETTER FROM GOVERNOR/DESIGNEE See cover letter. 2. EVIDENCE OF ADOPTION See cover letter. 3. STATE LEGAL AUTHORITY FOR ADOPTION/IMPLEMENTATION See Enclosure 1. 4. COMPLETE COPY OF APPLICABLE REGULATION See: Enclosure 2, Regional Haze Statutes 49-458 and 49-548.01; Enclosure 3, Arizona SO2 Trading Rule, R18-2-1610 through R18-2-1613; Enclosure 4, Codified Arizona Burn Rules R18-2-602 and Article 15; Enclosure 5, Pima County Code 17.12.480, Open Burning Permits; Enclosure 6, Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns); Enclosure 7, Maricopa County Rule 314, Open Outdoor Fires. 5. EVIDENCE THAT ARIZONA ADMINISTRATIVE PROCEDURE ACT REQUIREMENTS (ARS '' 41-1021 through 1036) WERE MET FOR RULES See: Enclosure 2, Regional Haze Statutes 49-458 and 49-548.01 Enclosure 3, Arizona SO2 Trading Rule, R18-2-1610 through R18-2-1613; Enclosure 4, see Chapter 10 and appendices of 2003 Regional Haze SIP; Enclosure 5, Pima County Code 17.12.480, Open Burning Permits; Enclosure 6, Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns); Enclosure 7, Maricopa County Rule 314, Open Outdoor Fires. 6. EVIDENCE OF PUBLIC HEARING PER 40 CFR 51.102 See: Enclosure 2, Regional Haze Statutes, ARS 49-458 and 49-458.01 1 Enclosure 3, Arizona SO2 Trading Rule, R18-2-1610 through R18-2-1613; Enclosure 4, see Chapter 10 and appendices of 2003 Regional Haze SIP; Enclosure 5, Pima County Code 17.12.480, Open Burning Permits; Enclosure 6, Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns); Enclosure 7, Maricopa County Rule 314, Open Outdoor Fires. 7. PUBLIC COMMENTS AND AGENCY RESPONSE See: Enclosure 2, Regional Haze Statutes, ARS 49-458 and 49-458.01 Enclosure 3, Arizona SO2 Trading Rule, R18-2-1610 through R18-2-1613; Enclosure 4, see Chapter 10 and appendices of 2003 Regional Haze SIP; Enclosure 5, Pima County Code 17.12.480, Open Burning Permits; Enclosure 6, Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns); Enclosure 7, Maricopa County Rule 314, Open Outdoor Fires. 8. IDENTIFICATION OF POLLUTANTS REGULATED BY RULE Sulfur dioxide (SO2 ), Oxides of Nitrogen (NOx), Volatile Organic Compounds (VOCs), and Particulate Matter (PM) 9. IDENTIFICATION OF SOURCES/ATTAINMENT STATUS Enclosures 2 through 7, not applicable 10. WRITTEN SUMMARY OF RULE/RULE CHANGE See: Enclosure 2, Regional Haze Statutes, ARS 49-458 and 49-458.01 Enclosure 3 for Arizona SO2 Trading Rule, R18-2-1610 through R18-2-1613; Enclosure 4, see Chapter 10 and appendices of 2003 Regional Haze SIP; Enclosure 5 for Pima County Code 17.12.480, Open Burning Permits; Enclosure 6 for Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns); Enclosure 7 for Maricopa County Rule 314, Open Outdoor Fires. 11. RULE CHANGES INDICATED BY UNDERLINING AND CROSS-OUTS See: Enclosure 2, Regional Haze Statutes, ARS 49-458 and 49-458.01 Enclosure 3 for Arizona Trading Rule, R18-2-1610 through R18-2-1613; Enclosure 4, see Chapter 10 and appendices of 2003 Regional Haze SIP; Enclosure 5 for Pima County Code 17.12.480, Open Burning Permits; Enclosure 6 for Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns); Enclosure 7 for Maricopa County Rule 314, Open Outdoor Fires. 2 12. RULES’ EFFECT ON EMISSIONS Reduction of emissions causing impairment to visibility; specifically, reduction to emissions of sulfur dioxide from stationary sources (Arizona SO2 Trading Rule, R18-2-1610 through R-18-2-1613), and reduction of emissions from open burning rules from Pima County, Pinal County and Maricopa County. 13. DEMONSTRATION THAT NAAQS, PSD INCREMENTS AND RFP ARE PROTECTED Enclosures 2 through 7, not applicable 14. EVIDENCE THAT EMISSIONS LIMITATIONS ARE BASED ON CONTINUOUS EMISSIONS REDUCTION TECHNOLOGY Enclosures 2 through 7, not applicable 15. MODELING SUPPORT Enclosures 2 through 7, not applicable 16. IDENTIFICATION OF RULE SECTIONS CONTAINING EMISSION LIMITS, WORK PRACTICE STANDARDS, AND/OR RECORD KEEPING/REPORTING REQUIREMENTS Arizona SO2 Trading Rule (Appendix 3) Pima County Code 17.12.480, Open Burning Permits (Appendix 5) Pinal County Code Section 3-8-700, General Provisions (for open burns) and 3-8-710, Permit provisions and administration (for open burns) (Appendix 6) Maricopa County Rule 314, Open Outdoor Fires (Appendix 7) 17. COMPLIANCE/ENFORCEMENT STRATEGIES See December 31, 2003 Regional Haze SIP 18. ECONOMIC TECHNICAL JUSTIFICATION FOR DEVIATION FROM EPA POLICIES No known deviation from EPA policy. 3 This page left intentionally blank. List of Enclosures Enclosure 1 Enclosure 2 Enclosure 3 Enclosure 4 Enclosure 5 Enclosure 6 Enclosure 7 Statutory Authority Regional Haze Statutes Arizona SO2 Trading Rule Codified State of Arizona Burn Rules Pima County Revised Burn Rule Pinal County Revised Burn Rule Maricopa County Revised Burn Rule This page left intentionally blank. Enclosure 1 Statutory Authority This page left intentionally blank. Enclosure 2 Regional Haze Statutes Renumbered Statutes 49-458 and 49-458.01 House Bill Notice of Public Hearing Newspaper Notice/Affidavit Public Hearing Agenda Sign-in Sheet Transcripts Hearing Officer Certification This page left intentionally blank. Senate Bill 1064 for Regional Haze -----------------------Senate Engrossed -----------------------State of Arizona Senate Forty-sixth Legislature Second Regular Session 2004 -----------------------CHAPTER 129 -----------------------SENATE BILL 1064 ------------------------ AN ACT TRANSFERRING AND RENUMBERING SECTIONS 49-414 AND 49-414.01, ARIZONA REVISED STATUTES, FOR PLACEMENT IN TITLE 49, CHAPTER 3, ARTICLE 2, ARIZONA REVISED STATUTES, AS SECTIONS 49-458 AND 49458.01, RESPECTIVELY; RELATING TO THE REGIONAL HAZE PROGRAM. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Transfer and renumber Sections 49-414 and 49-414.01, Arizona Revised Statutes, are transferred and renumbered for placement in title 49, chapter 3, article 2, Arizona Revised Statutes, as sections 49-458 and 49-458.01, respectively. APPROVED BY THE GOVERNOR APRIL 19, 2004. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 19, 2004. This page left intentionally blank. PUBLIC NOTICE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC HEARING REVISION TO REGIONAL HAZE STATE IMPLEMENTATION PLAN The Arizona Department of Environmental Quality (ADEQ) will hold a public hearing to receive comments on a correction to the authorizing statutes for the Regional Haze State Implementation Plan (SIP). The statutes, A.R.S. §§49-414 and 49-414.01, were transferred from title 49, chapter 3, article 1, to title 49, chapter 3, article 2, and renumbered to §§49-458 and 49-458.01, respectively. The public hearing will be held at 4:00 p.m. on Monday, August 2, 2004, ADEQ, 1110 W. Washington Street, Room 145, Phoenix, Arizona. All interested parties will be given an opportunity at the public hearing to submit relevant comments, data, and views, orally and in writing. All written comments must be received at ADEQ by the close of the public comment period at 5:00 p.m. on Friday, August 6, 2004. ADEQ anticipates submitting the SIP revision to EPA some time after the close of the public process. Written comments should be addressed, faxed, or e-mailed to: Deborrah ACorky@ Martinkovic Air Quality Planning Section Arizona Department of Environmental Quality 1110 W. Washington Street Phoenix, AZ 85012-2905 FAX: (602) 771-2366 E-Mail: martinkovic.deborrah@ev.state.az.us A copy of Senate Bill 1064 enacting the corrections to the statutes will be available for review beginning June 30, 2004, at the following location as well as ADEQ’s Regional Haze Website at: http://www.adeq.state.az.us/environ/air/haze/index.html Arizona Department of Environmental Quality First Floor Library 1110 W. Washington Street Phoenix, Arizona 85012 Attn: Lorraine Cona, (602) 771-4335 This page left intentionally blank. This page left intentionally blank. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Janet Napolitano Governor 1110 W. Washington Street • Phoenix, Arizona 85007 (602) 771-2300 • www.adeq.state.az.us Stephen A. Owens Director AGENDA Air Quality Division SIP Revision Public Hearing Correction to Regional Haze Authorizing Statutes Regional Haze State Implementation Plan Monday, August 2, 2004, 4:00 p.m. Room 145, Arizona Department of Environmental Quality 1110 West Washington Street, Phoenix, Arizona Pursuant to 40 CFR §51.102, notice is hereby given that the above referenced meeting is open to the public. 1. Welcome and Introductions 2. Purposes of the Public Hearing 3. Procedure for Making Public Comment 4. Brief Overview of the Proposed WEB Trading Program Rule and Related SIP Revision 5. Question and Answer Period 6. Oral Comment Period 7. Adjournment of Public Hearing Order of agenda items is subject to change. For additional information regarding the meeting, please call Corky Martinkovic, ADEQ Air Quality Division, at (602) 771-2372 or 1-800-234-5677, Ext. 771-2372. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting Katie Huebner at (602) 771-4794 or 1-800-234-5677, Ext. 4794. Requests should be made as early as possible to allow sufficient time to make the arrangements for the accommodation. This document is available in alternative formats by contacting ADEQ TDD phone number at (602) 771-4829. Northern Regional Office 1515 East Cedar Avenue • Suite F • Flagstaff, AZ 86004 (928) 779-0313 Southern Regional Office 400 West Congress Street • Suite 433 • Tucson, AZ 85701 (520) 628-6733 Printed on recycled paper This page left intentionally blank. TRANSCRIPT OF PUBLIC HEARING CORRECTION TO ARIZONA REGIONAL HAZE STATUTES ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Phoenix, Arizona May 17, 2004 4:35 p.m. Revision to the 2003 Regional Haze State Implementation Plan Correction to Regional Haze Authorizing Statutes Oral Proceeding Hearing Officer Script August 2, 2004 Good afternoon, thank you for coming. I now open this public hearing to address corrections to the authorizing statutes for regional haze and the subsequent revision to the Arizona Regional Haze State Implementation Plan or SIP. It is now Monday, August 2, 2004, 4:06p.m. The location is Room 145, Arizona Department of Environmental Quality, Phoenix, Arizona. My name is Eric Massey and I have been appointed by the Director of the Arizona Department of Environmental Quality to preside at this proceeding. The purposes of this proceeding are to provide the public an opportunity to: (1) hear about the substance of the revision to the regional haze state implementation plan or SIP, (2) ask questions regarding the SIP revision, and (3) present oral argument, data and views regarding the SIP revision in the form of comments on the record. Corky Martinkovic of the Air Quality Planning Section and I are representing the Department. The notice of public hearing on the SIP revision was released for public comment on June 30, 2004. The notice appeared in the Arizona Republic and ADEQ’s website. The procedure for making a public comment on the record is straightforward. If you wish to comment, you need to fill out a speaker slip, which is available at the sign-in table, and give it to me. Using speaker slips allows everyone an opportunity to be heard and allows us to match the name on the official record with the comments. You may also submit written comments to me today. Please note, the comment period for the SIP revision closes at 5:00 p.m. on Friday, August 6, 2004. Comments made during the formal comment period are required by law to be considered by the Department in the preparation of the state implementation plan. This is done through the preparation of a responsiveness summary in which the Department responds in writing to written and oral comments made during the formal comment period. The agenda for this hearing is simple. First, we will present a brief overview of the revision to the state implementation plan. Next, I will conduct a question and answer period. The purpose of the question and answer period is to provide information that may help you in making comments on the revision to the state implementation plan. Thirdly, I will conduct the oral comment period. At that time, I will begin to call speakers in the order that I have received speaker slips. Please be aware that any comments you make at today's hearing that you want the Department to formally consider must be given either in writing or on the record during the oral comment period of this proceeding. ***** At this time, Corky Martinkovic will give a brief overview of the revision to the Regional Haze State Implementation Plan. In Summer 2001, ADEQ conducted several stakeholder meetings to determine which path the State of Arizona would pursue regarding the required state implementation plan for regional haze. The State could opt to develop an earlier state implementation plan (SIP) under Section 309 of the federal Regional Haze Rule, or a later plan under Section 308. Stakeholders agreed for various reasons that the State should develop a Regional Haze SIP under Section 309. Under the federal Regional Haze rule, a 309 SIP had to be submitted to EPA by December 31, 2003. As part of the SIP’s development, ADEQ reviewed the statutory authority to pursue a regional haze plan and determined that specific authority would be required for the plan; specifically: to develop the required elements of an approval plan (for example – fire programs, pollution prevention, monitoring strategies, etc.); to establish and participate in an intrastate market trading program and establish and participate in an interstate market trading program, as necessary; to adopt rules necessary for any revisions to the plan; to submit a plan under either Section 308 or Section 309 of the federal rule; and to submit a plan under Section 308 should there be a determination that mobile source emissions contributed significantly to regional haze in any of the 16 Grand Canyon Visibility Transport Commission Class I areas. A diverse group of stakeholders agreed to develop and present draft legislation for the regional haze statutes, and in 2002, the statutes became law. 2 Later the statutes were reviewed to determine if Arizona had sufficient penalty authority should there be noncompliance with either the SIP or any related rules. At that time it was noted that the placement of the statutes in Article 1 of Chapter 3, Title 49 of the Arizona Revised Statutes was not the correct placement for pursuing any remedy for noncompliance. Therefore, ADEQ drafted legislation to move the statutes from Article 1 to Article 2. The effect of moving the statutes was a renumbering of the statutes to fit into Article 2. Therefore, the statutes were renumbered from Sections 49-414 and 414.01 to 49.458 and 458.01, respectively. None of the language contained in the statutes was altered. Section 110 of the Clean Air Act requires that a revision to a state implementation plan be noticed and an opportunity for a public hearing be made. Because the authorizing statutes are an integral part of the Arizona Regional Haze Plan, ADEQ is submitting the correction to EPA as a SIP revision. The public process will then be summarized in a letter to EPA, with all related documents attached including a responsiveness summary should there be any comments on the revision. The revision will be submitted to EPA Region 9 as soon as possible, but no later than December 31, 2004. This concludes the explanation period of this proceeding on the proposed state implementation plan. ***** Are there any questions before we move to the oral comment period? 3 Wayne Leipold: There’s no rule change, just the change enabling the legislation? Corky Martinkovic: Correct. Just the numbers, moving it from one number to the next. This concludes the question and answer period of this proceeding on the proposed state implementation plan. ***** I now open this proceeding for oral comments. [Call speakers in the order in which they submitted their speaker's slips; if there are many speakers present, you may limit each speaker's time to speak.] [or, ASeeing no speaker slips, ...] This concludes the oral comment period of this proceeding. ***** If you have not already submitted written comments, you may submit them to me at this time. Again, the comment period for this SIP revision closes at 5:00 p.m. on Friday, August 6, 2004. [Having received _____written comments…] Thank you for attending. The time is now _4:12 p.m._________. I now close this oral proceeding. 4 This page left intentionally blank. This page left intentionally blank. Enclosure 3 Arizona SO2 Trading Rule (SO2 Milestones and Backstop Trading Program, R18-2-1610 through R18-2-1613) Docket Opening Notice of Proposed Rulemaking Public Procedure Documents Public Hearing Notice Newspaper Notice/Affidavit Public Hearing Agenda, Sign-in Sheet Transcripts, Comments, and Hearing Officer Certificate Notice of Supplemental Rulemaking Model Rule and Model Rule Supplement Public Procedure Documents for Supplemental Rulemaking Public Hearing Notice Newspaper Notice/Affidavit Public Hearing Agenda, Sign-in Sheet Transcripts, Comments, and Hearing Officer Certificate Notice of Final Rulemaking This page left intentionally blank. ** PLEASE NOTE ** At this time, the Notice of Final Rulemaking (NFRM) for the SO 2 Milestones and Backstop Trading Program (Arizona Trading Rule R18-2-1610 through 1613) will not be published in the Arizona Administrative Register until January 14, 2005. The rule became effective December 20, 2004. A codified version of SO2 Milestones and Backstop Trading Program (Arizona Trading Rule R18-2-1610 through 1613) will be sent upon its availability. This page left intentionally blank. Docket Opening for WEB Trading Program Rule (12/12/03) ADEQ is proposing a rule to satisfy 40 CFR 51.309(4)(h) of the federal Regional Haze Rule that requires a state to include in its Regional Haze State Implementation Plan a stationary sources emission reductions program that establishes procedures for applicable stationary sources to monitor and report sulfur dioxide (SO 2 ) emissions to determine if SO 2 emission milestones (i.e., decreasing regional emissions cap) have been violated, and procedures for the applicable stationary sources to participate in a regional backstop market trading program should any of the SO2 emission milestones be violated. This page left intentionally blank. Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 40 CFR 50; 40 CFR 50, Appendices A through K; 40 CFR Part 51, Appendix M, Appendix S, Section IV, Appendix W; 40 CFR 52, Appendices D and E; 40 CFR 58; 40 CFR 58, all appendices; 40 CFR Part 60, all appendices. 40 CFR Part 61, all appendices. 40 CFR Part 63, all appendices. 40 CFR Part 75, all appendices. NOTICE OF PROPOSED RULEMAKING TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL PREAMBLE 1. Sections Affected R18-2-1607 R18-2-1608 R18-2-1609 R18-2-1610 R18-2-1611 R18-2-1612 R18-2-1613 R18-2-1614 R18-2-1615 R18-2-1616 R18-2-1617 R18-2-1618 R18-2-1619 R18-2-1620 R18-2-1621 R18-2-1622 R18-2-1623 Rulemaking Action Reserved Reserved Reserved New Section New Section New Section New Section New Section New Section New Section New Section New Section New Section New Section New Section New Section New Section 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): General Authority: A.R.S. §§ 49-104(A)(11) and 49-425 Specific Authority: A.R.S. §§ 49-414 and 414.01 3. A list of all previous notices appearing in the Register addressing the proposed rule: Notice of Rulemaking Docket Opening: 10 A.A.R. 217, January 9, 2004. 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking. Name: Deborrah “Corky” Martinkovic 5. Address: ADEQ, Air Quality Planning Section 1110 West Washington Phoenix, AZ 85007 Telephone: (602) 771-2372 (Any extension may be reached in-state by dialing 1-800-234-5677, and asking for a specific number.) Fax: (602) 771-2366 E-mail: martinkovic.deborrah@ev.state.az.us An explanation of the rule, including the agency’s reasons for initiating the rule: April 9, 2004 Page 1353 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking Summary. The proposed rule would implement federal regional haze requirements by (1) requiring applicable stationary sources to monitor and report sulfur dioxide (SO2) emissions to allow Arizona Department of Environmental Quality (ADEQ) to determine if a SO2 emission milestone has been exceeded, and (2) establishing the procedures for applicable stationary sources to participate in a regional backstop market trading program should a SO2 emission milestone be exceeded. Background. Section 169A of the Clean Air Act (CAA) establishes a national goal for protecting visibility in federally-protected national parks and wilderness areas (“Class I areas;” See 40 CFR 81.403). The goal is to remedy existing visibility impairment and prevent future visibility impairment in these Class I areas. Regional haze is a type of visibility impairment caused by air pollutants emitted by numerous sources across a broad region. In 1999, EPA promulgated a Regional Haze Rule that requires development of state implementation plans (SIPs) that assure “reasonable progress” toward the national visibility goal (64 FR 35714, July 1, 1999). The 1999 Regional Haze Rule (40 CFR 51.309) provided an optional approach for the nine western states that comprised the transport region analyzed by the Grand Canyon Visibility Transport Commission (GCVTC) during the 1990s, including Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming. Arizona, New Mexico, Utah, Oregon, and Wyoming have elected to comply with the Regional Haze Rule by submitting their first SIPs on December 31, 2003, based on the recommendations to improve visibility outlined in the GCVTC’s 1996 Report. This option is also available to eligible Indian Tribes within the geographical regional studied by the GCVTC. Indian Tribes have no deadline for submitting Tribal Implementation Plans (TIPs). One element of the GCVTC’s recommendations was a backstop regional trading program to reduce stationary source emissions of SO2. The GCVTC identified SO2 as causing one third of the visibility impairment on the Colorado Plateau, with the majority of the emissions coming from stationary sources. The recommendation called for the setting of a series of declining caps on SO2 emissions referred to as, “emissions milestones.” These milestones would provide sources incentive to reduce their SO2 emissions voluntarily through means most economical and feasible to them rather than the conventional command-and-control approach to achieve reductions. Implementation plan assessments of progress and identification of deficiencies are due in the years 2008, 2013, and 2018. The voluntary measures that achieve the milestones were approved by EPA because they achieve greater reasonable progress than the application and operation of controls under best available retrofit technology (BART). If the voluntary measures do not succeed in reducing SO2 emissions over time, an enforceable market trading program would be triggered as a “backstop” to assure the reductions would be met. A regional work group was created to develop a “model” rule that each participating state would, in turn, transition into a state-specific rule. There are two aspects to this proposed rule. Section R18-2-1611 of the proposed rule outlines monitoring, reporting and recordkeeping requirements during the pre-trigger phase of the program. This also satisfies the pre-trigger requirements in the Regional Haze Rule at 40 CFR 51.309(d)(4)(ii). Then, should a milestone be violated and the program triggered (R18-2-1613), the proposed rule outlines the requirements of the backstop trading program. A number of terms that are used in this proposed rule are not included in the definition section because they are already defined in R18-2-101. These terms are: “affected source,” “potential to emit,” and “stationary source.” R18-2-1614 through R18-2-1617 of the proposed rule outline responsibilities of the applicable stationary sources (R18-2-1612) - responsibility to select an account representative, register for the program, receive an allocation of allowances (a type of tradable emissions credit), and establish an account to hold the allowances. R18-2-1616(D) sets forth the nature of allowances and the fact that an allowance is not a property right. The clarification preserves the State’s right to restrict or terminate an allowance in accordance with existing laws. This right extends to the United States because state law cannot create new or abrogate any existing rights or authorities of the federal government. R18-2-1618 and R18-2-1619 outline how the applicable stationary sources will, in the post-trigger phase, monitor, report and maintain records to determine if they have sufficient annual allowances within their account to operate. R18-2-1622 contains the allowance limitation requirement that by a specified date, sources shall hold sufficient allowances for its SO2 emissions. In order to meet the allowance limitation requirement, a source may need to follow the procedures in R18-2-1620 and R18-2-1621 before the deadline, to ensure that they will be able to comply with the allowance limitation. R18-2-1622 sets the penalties should a source fail to comply with the allowance limitation requirements of the program. R18-2-1618 through R18-2-1622 meet the requirements established throughout 40 CFR 51.309(h) of the Regional Haze Rule. Finally, R18-2-1623 of the proposed rule provides, should the milestone in 2018 be exceeded, that a special penalty be imposed for 2018, and for any subsequent year if the regional SO2 emissions continue to exceed the 2018 milestone. The Section establishes specific penalties for failure to meet this pivotal goal of the program. Due to the need to establish the procedure for pre-trigger monitoring, recordkeeping and reporting under R18-2-1611 as soon as possible pursuant to 40 CFR 51.309(d)(4)(ii), ADEQ requests an immediate effective date as permissible under A.R.S. 41-1032(A)(2) and 41-1032(A)(3). 6. A reference to any study relevant to the rules that the agency reviewed and either proposes to rely on or not rely on in its evaluation of or justification for the rules, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material: Volume 10, Issue 15 Page 1354 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking An Assessment of Critical Mass for the Regional SO2 Trading Program, prepared for Western Regional Air Partnership (WRAP) Market Trading Forum, ICF Consulting Group, September 27, 2002; available through the WRAP Web page at www.wrapair.org or through Arizona Department of Environmental Quality. 7. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The preliminary summary of the economic, small business, and consumer impact: A. Rule Identification and Summary This rulemaking comprises new Sections, R18-2-1610 through R18-2-1623. Rule Sections R18-2-1607, R18-2-1608, and R18-2-1609 are reserved. The Sections within Article 16 pertain to visibility and regional haze. Regional haze impairs visibility and is caused by air pollutants emitted by many sources across a region. The Clean Air Act (CAA) establishes a national goal to protect visibility in federally protected parks and wilderness areas, called federal Class I areas (40 CFR 81.403). Arizona has 12 federally-protected Class I areas. The region consists of a nine state area in the west. Currently, the states participating in the backstop market trading program consist of the states submitting regional haze state implementation plans (SIPs) under Section 309 of the federal Regional Haze Rule; namely, Arizona, New Mexico, Utah, Oregon, and Wyoming. The 211 Indian Tribes within the region can also participate in the program through the completion of a tribal implementation plan (TIP) or source-specific implementation plans. The national goal is attained by improving existing visibility impairment and preventing future visibility impairment in the Class I areas. Visibility improvements are anticipated by establishing milestones for sulfur dioxide (SO2) reductions over time through voluntary reduction measures as opposed to command-and-control technologies. If the voluntary measures are unsuccessful, however, an enforceable market trading program will be established as a backstop to assure that the SO2 reductions can be achieved. The greatest reduction in SO2 emissions is expected to occur at during the last milestone, 2014 to 2018 (see Table below). By 2040, the goal for SO2 reductions is 52 percent from the 1990 level of 831,000 tons. MILESTONES CUMULATIVE REGIONAL EMISSION REDUCTIONS FROM 1990 (IN TONS OF SO2) 2003 111,000 2008 116,000 2013 176,000 2018 321,000 This proposed rule implements procedures for Arizona sources participating in the Western Backstop SO2 Trading Program, referred to as the WEB Trading Program, as required under the federal Regional Haze. Rule (40 CFR 51.309). The proposed rule will require stationary sources subject to this rulemaking to monitor and report SO2 emissions as a way to determine if SO2 emission milestones have been exceeded, and if so, require such sources to participate in the WEB Trading Program. B. Entities Directly Affected Potential entities directly impacted by this rulemaking include Arizona stationary sources with actual SO2 emissions of 100 tons or more per year. These sources include: Five coal-fired power plants (utilities), two cement plants, two lime plants, one pulp and paper plant, and three smelters (including one smelter that has suspected operations). The latter eight sources are generally categorized as non-utilities. Other entities include air pollution control manufacturers and vendors; contractors; consultants; lawyers; Arizona Department of Environmental Quality (ADEQ) as the implementing agency; and private persons and consumers. Potential WEB Trading Program sources include: BART-eligible sources (best available retrofit technology sources as defined in 40 CFR 51.301); other stationary sources not meeting the criteria set forth in R18-2-1611(D), with actual SO2 emissions of 100 tons or more per year in the trigger years or subsequent years; and other stationary sources regulated under Section 111 or 112 of the CAA (after August 7, 1980). Not all of these sources operate in Arizona. C. Potential Costs and Benefits Before summarizing the preliminary costs and benefits of this rulemaking, it is necessary to discuss the nine-state region as a whole, as well as generalizations about Arizona sources impacted by this rulemaking. All dollar amounts represent 1997 dollars (as provided in the ICF study cited in section 6 of the preamble to this proposed rule). Due to April 9, 2004 Page 1355 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking inflation, consumer prices have risen approximately 15 percent between 1997 and 2003. Likewise, one can expect capital investments and other compliance costs to also be higher now than in 1997. Compliance costs are expected to be lowest if all states and tribes participate in the trading program because this will result in the greatest gains from trading. For example, annual compliance costs for the region could be as much as $90 million less in 2018 under the trading option compared to states and tribes implementing command-and-control programs.1 Arizona is one state in which sources are expected to have greater compliance costs under command-andcontrol. Consequently, sources located in Arizona are expected to experience the greatest cost-saving benefits from participating in the trading program. This is due partially to expectations that Arizona will be a net buyer of trading allowances. Thus, because Arizona has opted to participate in the trading program, not only will the Arizona sources experience lower compliance costs, but so will the entire region. [1Anticipated annual savings are the difference between the estimated costs for implementing command-and-control at $210 million vs. $120 million for all states and tribes participating in a full trading program. The amount of emissions reduction would be about the same under either program approach. The amount of actual cost savings could change based on which and how many states and tribes elect to opt out of the trading program. See ICF Consulting Group, An Assessment of Critical Mass for the Regional SO2 Trading Program, prepared for Western Regional Air Partnership Market Trading Forum, September 27, 2002.] States in the nine-state region and 211 tribal areas may choose not to participate in the regional trading program and fulfill regional haze requirements by implementing command-and-control BART technology and satisfy Section 51.308 requirements of the federal Regional Haze Rule. States and tribes electing not to participate in the program, however, will make the regional program less flexible and increase compliance costs not only for themselves but for other program participants. Program flexibility means that sources can reduce SO2 emissions by installing pollution control equipment if that option represents a relatively lower cost alternative, or sources could purchase allowances if the market offers a less expensive means of reducing SO2 emissions. For example, allowances could be sold at a price to older sources that is lower than the cost per ton of SO2 emissions abatement for these sources. Regulatory Agencies ADEQ expects to be impacted minimally by its review of monitoring plans and reports from sources as well as its participation in the tracking system requirements, which will be managed and funded by an outside, regional administrator. The current number of ADEQ employees can be expected to handle the workload generated by this program. Regulated Community Owners and operators of applicable sources are required to monitor, report, and maintain records of their SO2 emissions during the pre-trigger stage of the program proposed by this rulemaking. These sources already monitor and report emissions under existing stationary source requirements, but may have some additional costs due to an increase in the record retention requirement from five years to ten years. The additional pre-trigger monitoring, reporting and recordkeeping requirements under the proposed rule should have minimal impact. During this pre-trigger stage, owners and operators of sources can plan how they would reduce SO2 emissions according to their own time-frames. The incorporation of a pre-trigger time period is vital to the sources by allowing them flexibility to plan and select the optimal compliance strategy. Under command-and-control, sources are much more restricted in developing compliance options. In contrast, a trading program allows increased flexibility for sources to plan how to comply with SO2 emissions caps and the best strategy for implementing compliance options. This preparation time can be viewed as the foundation for numerous cost-saving benefits to develop in the future. For example, sufficient time is needed to evaluate market conditions relating to demand and resource inputs. Additionally, a source may want to evaluate a variety of variables and options, such as emission variations, production costs, competition, economic profit, expansion capabilities, retrofit possibilities, investments in new technologies, etc. The pre-trigger time provides sources with a mechanism to successfully implement plans with a potential for significant cost-saving benefits. Should the regional SO2 emissions cap be exceeded, stationary sources would have an alternative means of reducing SO2 emissions through tradable allowances, as opposed to having pollution control equipment installed under command-and-control. The regulated community would register for the trading program, select an account representative, and subsequently receive allowances in their compliance accounts. Monitoring would continue to determine if sources have sufficient annual allowances in their respective accounts to operate. Compliance costs could include fuel costs, annualized capital investments, and operation and maintenance expenditures. Some of the expenditures could include investments in new capacity. According to ICF Consulting Group,2 Arizona’s owners and operators of affected sources would experience annual incremental compliance costs by 2013 of $25 million if participating in the trading program or $37 million if complying through command-and-control. By 2018, annual compliance costs for owners and operators of Arizona’s sources are expected to be $25 million for participating in the trading program and $40 million for command-and-control. [2An Assessment of Critical Mass for the Regional SO2 Program, ICF Consulting Group, 2002.] Volume 10, Issue 15 Page 1356 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking It is anticipated that Arizona will have more total SO2 emissions from its affected sources than its emissions budget (i.e., a negative net allowance budget). Because approximately one third of the SO2 emission reductions from participating states will come from Arizona sources, Arizona would be a net buyer of trading allowances from out-of-state suppliers. Estimated allowances needed are expected to be in the range of 10,000 to 20,000 tons of SO2, not including any intrastate trades. Based on an estimated allowance price of $1,100 to $2,100 per ton of SO2, Arizona’s sources may have to expend between $11 million to $42 million to purchase allowances from Indian tribes or sources in other states.3 Arizona sources could use allowances to avoid some of the high costs of investing in pollution control equipment. [3Costs per ton are dependent upon several factors, such as transaction costs, market power, risk, and market inefficiencies. Owners and operators of sources participating in the trading program will incur additional compliance costs due to administrative burdens. These costs fall under post-trigger monitoring, recordkeeping, and reporting requirements, and include the preparation of monitoring plans and compliance certification reports. These costs are expected to be minimal in comparison to costs that would be incurred under a straight common-and-control program. Additionally, owners and operators of sources out of compliance will incur penalties in the form of allowance deductions at twice the source’s tons of excess SO2 emissions and assessments of $5,000 per ton of emissions in excess of the WEB source’s allowance limitations. Other civil and criminal penalties also could be assessed. Consumers and Public ADEQ anticipates that reductions in SO2 through implementation of the propose rule will generate benefits for the public at large. These benefits include improvement in visibility, human health, and a possible decrease in acid rain deposition.4 Air quality changes are expected to improve visibility in federal Class I areas, as well as other areas within the transport region. Potential human health benefits are expected to accrue because SO2 emissions can aggravate asthma. Reductions in SO2 emissions could also avert or reduce acute illnesses or ailments (e.g., shortness of breath, chest tightness, or wheezing). Health gains also could include reduced hospital admissions for respiratory and cardiovascular problems. Avoidance of premature deaths is also a likely possibility. [4U.S. EPA and National Park Service, 2018 Milestone Reductions Benefits Assessment, August 11, 2000.] Sources generally will pass on increased compliance costs to consumers. Thus, increases in production costs may be reflected in higher prices for goods. Even though the health and welfare benefits are for the most part unquantifiable, it is believed that probable benefits will exceed probable costs of this rulemaking, particularly because the compliance costs of a trading program are less than those of a command-and-control emissions reduction program. D. Potential Impacts to Small Businesses A variety of methods are available to reduce the impact of a rulemaking on small businesses. A.R.S. § 41-1035 prescribes five methods for reducing the impact. These methods include establishing less stringent compliance or reporting requirements, less stringent schedules or deadlines for compliance or reporting requirements, simplified reporting requirements, replacing design or operational standards with performance requirements, or exempting small businesses from some or all rule requirements. None of these methods, however, are feasible or fall within the requirements of this proposed rulemaking. Furthermore, applicable sources are expected to be large sources and not classified as small businesses. Sources undergoing modifications that could produce actual SO2 emissions of 100 tons or more per year would become applicable sources. Potentially, some of these sources could be classified as small businesses. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: David Lillie Address: ADEQ, Air Quality Planning Section 1110 West Washington Phoenix, AZ 85007 Telephone: (602) 771-4461 (Any extension may be reached in-state by dialing 1-800-234-5677, and asking for a specific number.) Fax: (602) 771-2366 E-mail: Lillie.David@ev.state.az.us 10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rule or, if no proceeding is scheduled, where, when and how persons may request an oral proceeding on the proposed rule: Date: Monday, May 17, 2004 Time: 4:30 p.m. Location: ADEQ April 9, 2004 Page 1357 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 1110 West Washington, Room 250 Phoenix, AZ 85007 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: Not applicable 12. Incorporation by reference and their location in the rule: 40 CFR 51.301 and 40 CFR 51.309; R18-2-1610(A)(1). 13. The full text of the rule follows: TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL ARTICLE 16. VISIBILITY; REGIONAL HAZE Section R18-2-1607. R18-2-1608. R18-2-1609. R18-2-1610. R18-2-1611. R18-2-1612. R18-2-1613. R18-2-1614. R18-2-1615. R18-2-1616. R18-2-1617. R18-2-1618. R18-2-1619. R18-2-1620. R18-2-1621. R18-2-1622. R18-2-1623. Reserved Reserved Reserved Western Backstop SO2 Trading Program; Definitions General Applicability; Pre-trigger Monitoring, Recordkeeping and Reporting WEB Trading Program Applicability WEB Trading Program Trigger Account Representative for WEB Sources Registration Allowance Allocations Establishment of Accounts Post-trigger Monitoring, Recordkeeping and Reporting Monitoring Protocols Allowance Transfers Use of Allowances from a Previous Year Compliance Special Penalty Provisions for the 2018 Milestone ARTICLE 16. VISIBILITY; REGIONAL HAZE R18-2-1607. Reserved R18-2-1608. Reserved R18-2-1609. Reserved R18-2-1610. Western Backstop SO2 Trading Program; Definitions A. This rule implements the Western Backstop SO2 Trading Program provisions required under 40 CFR 51.309. 1. The parts of 40 CFR 51.301 and 40 CFR 51.309 cited below are incorporated by reference as of July 1, 2003, and no future editions or amendments. 2. Nothing in this Article waives any requirement otherwise in effect or subsequently required under any other law, including rules governing new sources. B. When used in this Article: 1. “Account Certificate of Representation” means the completed and signed submission required to designate an Account Representative for a WEB source or an Account Representative for a general account. 2. “Account Representative” means the individual who is authorized through an Account Certificate of Representation to represent owners and operators of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through an Account Certificate of Representation to represent the persons having an ownership interest in allowances in the general account with regard to matters concerning the general account. 3. “Act” means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. 4. “Actual Emissions” means total annual sulfur dioxide emissions determined in accordance with R18-2-1618, or determined in accordance with R18-2-1611 for sources that are not subject to R18-2-1618. Volume 10, Issue 15 Page 1358 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. “Allocate” means to assign allowances to a WEB source. “Allowance” means the limited authorization under the WEB Trading Program to emit one ton of SO2 during a specified control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by this Article. “Allowance limitation” means the tonnage of SO2 emissions authorized by the allowances available for compliance deduction for a WEB source for a control period under R18-2-1622(A) on the allowance transfer deadline for that control period. “Allowance Tracking System” means the database whereby allowances under the WEB Trading Program are recorded, held, transferred and deducted. “Allowance Tracking System Account” means an account in the Allowance Tracking System established for purposes of recording, holding, transferring, and deducting allowances. “Allowance transfer deadline” means the deadline established in R18-2-1620(B) when allowances shall be submitted for recording in a WEB source’s compliance account in order to demonstrate compliance for that control period. “Compliance account” means an account established in the Allowance Tracking System under R18-2-1617(A) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation. “Compliance certification” means a submission to the Director by the Account Representative as required under R182-1622(B) to report a WEB source’s compliance or noncompliance with this Article. “Control period” means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive. “Emissions tracking database” means the central database where SO2 emissions for WEB sources as recorded and reported in accordance with this Article are tracked to determine compliance with allowance limitations. “Emission unit” means any part of a stationary source that emits or would have the potential to emit any pollutant subject to regulations under the Clean Air Act. “Existing source” means a stationary source that commenced operation before the program trigger date. “Fugitive emissions” means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. “General account” means an account established in the Allowance Tracking System under R18-2-1617 for the purpose of recording allowances held by a person that are not to be used to show compliance with an allowance limitation. “Milestone” means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018 as provided in 40 CFR 51.309. “New WEB Source” means a WEB source that commenced operation on or after the Program Trigger Date. “New source set-aside” means a pool of allowances that is available for allocation to new sources 40 CFR 51.309(h)(4)(i). “Owner or operator” means any person who is an owner or who operates, controls or supervises a WEB source, and includes but is not be limited to any holding company, utility system or plant manager. “Program trigger date” means the date that the Director determines that the WEB Trading Program has been triggered. “Program trigger years” means the years shown in Table 1, column 4, of 40 CFR 51.309(h)(1) for the applicable milestone if the WEB Trading Program is triggered as provided in 40 CFR 51.309(h)(3). For each year after 2018, the SO2 emissions shall be based on annual SO2 emissions for the subject year. “Renewable Energy Resource” means a resource that generates electricity by non-nuclear and non-fossil technologies that result in low or no air emissions. The term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new low-impact hydropower that meet the Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage or biomass from municipal solid waste, black liquor, or treated wood. “Retired source” means a WEB source that has received a retired source exemption as provided in R18-2-1612(C). Any retired source resuming operations under R18-2-1612(C)(4), shall submit its exemption as part of its registration materials. “Serial number” means the unique identification number assigned to each allowance by the Tracking System Administrator under R18-2-1616(B). “SO2 emitting unit” means any equipment that is located at a WEB source and that emits SO2. “Submit” means sent to the appropriate authority under the signature of the Account Representative. For purposes of determining when something is submitted, an official U.S. Postal Service postmark, or equivalent electronic time stamp, shall establish the date of submittal. “Ton” means 2000 pounds and, for any control period, any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as zero tons. April 9, 2004 Page 1359 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 31. “Tracking System Administrator” means the person designated by the Director as the administrator of the Allowance Tracking System and the emissions tracking database. 32. “WEB source” means a stationary source that meets the applicability requirements of R18-2-1612. 33. “Western Backstop SO2 Trading Program (“WEB Trading Program”)” means the program implemented by R18-21613. R18-2-1611. General Applicability; Pre-trigger Monitoring, Recordkeeping and Reporting A. General Applicability. 1. All stationary sources that have actual SO2 emissions of 100 tons or more per year are subject to the requirements of this Section. 2. For purposes of determining SO2 emissions in subsection (1), the fugitive emissions of a stationary source shall not be considered unless the source belongs to one of the following categories of stationary sources: a. Coal cleaning plants (with thermal dryers); b. Kraft pulp mills; c. Portland cement plants; d. Primary zinc smelters; e. Iron and steel mills; f. Primary aluminum ore reduction plants; g. Primary copper smelters; h. Municipal incinerators capable of charging more than 250 tons of refuse per day; i. Hydrofluoric, sulfuric, or nitric acid plants; j. Petroleum refineries; k. Lime plants; l. Phosphate rock processing plants; m. Coke oven batteries; n. Sulfur recovery plants; o. Carbon black plants (furnace process); p. Primary lead smelters; q. Fuel conversion plants; r. Sintering plants; s. Secondary metal production plants; t. Chemical process plants; u. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; v. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; w. Taconite ore processing plants; x. Glass fiber processing plants; y. Charcoal production plants; z. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or aa. Any other stationary source category, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act. B. Pre-trigger Requirements. 1. All stationary sources meeting the criteria of subsection (A), for the period defined in subsection (C) shall comply with applicable monitoring, recordkeeping and reporting requirements in R18-2-304, R18-2-306, R18-2-327, and R18-2-715.01, and in addition: 2. The stationary source shall submit to the Director an annual inventory of SO2 emissions, beginning with the 2003 emission inventory. 3. The stationary source shall submit to the Director, if the stationary source is a smelter, an annual report of sulfur input in tons per year with the submission of the annual emissions inventory. 4. The stationary source shall utilize appropriate emission factors and estimating techniques, and document the emissions monitoring or estimation methodology used. 5. The stationary source shall include SO2 emissions from start up, shut down, and upset conditions in the annual total inventory. 6. The stationary source shall utilize, if an affected source, methods from 40 CFR Part 75 to measure and calculate SO2 emissions. 7. The stationary source shall include the rate and period of SO2 emissions, the specific installation that is the source of the SO2 emissions, type and efficiency of the air pollution control equipment, and other information necessary to quantify operation and emissions, and to evaluate pollution control. 8. The stationary source shall retain records required under this Section for a minimum of 10 years from the date of creVolume 10, Issue 15 Page 1360 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking ation, or if the record was the basis for an adjustment to a milestone under 40 CFR 51.309(h)(1), 5 years from the date of a state implementation plan revision, whichever is longer. C. Duration and Termination of Pre-trigger Requirements. A stationary source that meets the criteria of Subsection (A) at any time after the effective date of this Article shall continue to comply with Subsection (B) even if the source no longer meets the criteria in R18-2-1611(A), until either: 1. The WEB Trading Program has been fully implemented and emission tracking is occurring; or 2. The Director determines pursuant to 40 CFR 51.309(h)(3) that the regional SO2 milestone for 2018 was achieved. R18-2-1612. WEB Trading Program Applicability A. General Applicability. This Article applies to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same industrial grouping, and that are described in subsections (B)(1) through (4). A stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group as described in the North American Industry Classification System (NAICS), 1997. B. The following are WEB sources: 1. All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to SO2 emissions. 2. All stationary sources not meeting the criteria of subsection (1) of this subsection that have actual SO2 emissions of 100 tons or more per year in the Program Trigger Years or any subsequent year. The fugitive emissions of a stationary source shall not be considered in determining whether it is a WEB source unless the source belongs to one of the following categories of stationary source as listed in R18-2-1611(A)(2). 3. A new stationary source that begins operation after the Program Trigger Date and has the potential to emit 100 tons or more of SO2 per year. 4. The Director shall determine on a case-by-case basis, with concurrence from the EPA Administrator, that a stationary source defined in R18-2-1612(B)(2) is not a WEB source if the source: a. In each of the previous five years had actual SO2 emissions of less than 100 tons per year; and b. Had actual SO2 emissions of 100 tons or more in a single year due to a temporary emission increase that was caused by a sudden, infrequent and not reasonably preventable failure of air pollution control equipment, failure of process equipment, or a failure to operate in a normal or usual manner; c. Took timely and reasonable action to minimize the temporary emission increase; and d. Has corrected the failure of air pollution control equipment, process equipment, or process by the time of the Director’s determination under this section; or e. Had to switch fuels or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusual circumstances other than cost of such fuels or feedstocks. f. A temporary emission increase due to poor maintenance or careless operation does not meet the criteria of this subsection. C. Duration of Program Participation. Except as provided in R18-2-1612(D) of this Article, once a source is subject to the WEB Trading Program, it shall remain in the program every year thereafter. D. Application for Retired Source Exemption. Any WEB source that is retired shall apply for a retired source exemption. The WEB source shall only be considered retired if all SO2 emitting units at the source are retired. The application shall contain the following information: 1. Identification of the WEB source, including plant name and an appropriate identification code in a format specified by the Director. 2. Name of Account Representative. 3. Description of the status of the WEB source, including the date that the WEB source was retired. 4. Signed certification that the WEB source is retired and shall comply with the requirements of R18-2-1612(D) through R18-2-1612(H). 5. Verification that the WEB source has a general account where any unused allowances or future allocations shall be recorded. E. Notice of Retired Source Exemption. The retired source exemption becomes effective when the Director, or control officer with jurisdiction over the source, notifies the source that the retired source exemption has been granted. F. Responsibilities of Retired Sources: 1. A retired source shall be exempt from R18-2-1618 and R18-2-1622, except as provided below. 2. A retired source shall not emit any SO2 after the date the retired source exemption is effective. 3. A source shall submit SO2 emissions reports to the Director, as required by R18-2-1618(H) for any time period the source was operating before the effective date of the retired source exemption. The retired source shall be subject to the compliance provisions of R18-2-1622, including the requirement to hold allowances in the source’s compliance account to cover all SO2 emissions before the date the source was permanently retired. 4. A retired source that is still in existence but no longer emitting SO2 shall, for a period of five years from the date the April 9, 2004 Page 1361 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking records are created, retain records demonstrating the effective date of the retired source exemption for purposes of this Article. G. Resumption of Operations. Before a retired source can resume operation, the retired source shall submit to the Director registration materials as follows: 1. If the source is required to obtain a permit under Article 3 or 4 of this Chapter before resuming operation, then registration information as described in R18-2-1615(A) and a copy of the retired source exemption shall be submitted with the application required under Article 3 or 4 of this Chapter; 2. If the source is not required to obtain a permit under Article 3 or 4 of this Chapter before resuming operation, then registration information as described in R18-2-1615(A) and a copy of the retired source exemption shall be submitted to the Director at least 90 days before resumption of operation. 3. The retired source exemption shall automatically expire on the day the source resumes operation. H. Loss of Future Allowances. 1. A WEB source that is retired and that does not apply to the Director for a retired source exemption within 90 days of the date that the source is retired shall forfeit any unused and future allowances. a. The Director shall send the source notice 30 days before taking action to forfeit future allowances. b. The abandoned allowances shall be retired by the Tracking System Administrator. R18-2-1613. WEB Trading Program Trigger A. Except as provided in R18-2-1613(B), R18-2-1613 through R18-2-1622 shall apply on and after the program trigger date that is established by the Director in accordance with 40 CFR 51.309(h)(1) and 51.309(h)(3). B. R18-2-1623, Special Penalty Provisions for Year 2018 Milestone, shall apply beginning January 1, 2018, and shall continue to apply until the provisions of R18-2-1623 have been fully implemented. R18-2-1614. Account Representative for WEB Sources A. Each WEB source shall identify one Account Representative and shall also identify an alternate Account Representative who shall act on behalf of the Account Representative. Any representation, action, inaction or submission by the alternate Account Representative will be deemed to be a representation, action, inaction or submission by the Account Representative. B. Identification and Certification of an Account Representative. 1. The Account Representative and any Alternate Account Representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the Account Representative and any alternate binding on the owners and operators of the WEB source. 2. The Account Representative shall submit to the Director and the Tracking System Administrator a signed and dated Account Certificate of Representation (Certificate) that contains the following elements: a. Identification of the WEB source by plant name, state and an appropriate identification code in a format specified by the Director; b. The name, address, e-mail (if available), telephone and facsimile number of the Account Representative and any alternate; c. A list of owners and operators of the WEB source; d. The specific tracking system data elements shall be as specified by the Director to be consistent with the data system structure, and shall include basic facility information that may appear in other reports and notices submitted by the WEB source, such as county location, industrial classification codes, and similar general facility information. e. The following certification statement: “I certify that I was selected as the Account Representative or alternate Account Representative, as applicable, by an agreement binding on the owners and operators of the WEB source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of the owners and operators of the WEB source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Director regarding the WEB Trading Program.” 3. Upon receipt by the Director of the complete Certificate, the Account Representative and any alternate Account Representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaining to the WEB Trading Program. The owners and operators shall be bound by any decision or order issued by the Director regarding the WEB Trading Program. 4. The Director shall send the Tracking System Administrator a copy of the complete Certificate. No WEB Allowance Tracking System account shall be established for the WEB source until the Tracking System Administrator has received a complete Certificate. Once the account is established, the Account Representative shall make all submissions concerning the account, including the deduction or transfer of allowances. C. Requirements and Responsibilities of the Account Representative. Volume 10, Issue 15 Page 1362 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 1. The responsibilities of the Account Representative include, but are not limited to, the transferring of allowances, and the submission of monitoring plans, registrations, certification applications, SO2 emissions data and compliance reports as required by this Rule, and representing the source in all matters pertaining to the WEB Trading Program. 2. Each submission under this program shall be signed and certified by the Account Representative for the WEB source. Each submission shall include the following truth and accuracy certification statement by the Account Representative: “I am authorized to make this submission on behalf of the owners and operators of the WEB source for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.” D. Changes to the Account Representative; Owners and Operators. 1. Changes to the Account Representative or the alternate Account Representative. a. The Account Representative or alternate Account Representative may be changed at any time by submitting a complete superseding Certificate to the Director and the Tracking System Administrator under R18-21614(B)(3), with the change taking effect upon receipt of such Certificate by the Director. b. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous Account Representative or alternate before the time and date when the Tracking System Administrator receives the superseding Certificate shall be binding on the new Account Representative and the owners and operators of the WEB source. 2. Changes in Owners and Operators. a. Within 30 days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the Account Representative shall submit a revised Certificate amending the list of owners and operators to include such change. b. In the event a new owner or operator of a WEB source is not included in the list of owners and operators submitted in the Certificate, such new owner or operator shall be deemed to be subject to and bound by the Certificate, the representations, actions, inactions, and submissions of the Account Representative of the WEB source, and the decisions, orders, actions, and inactions of the Director as if the new owner or operator were included in such list. R18-2-1615. Registration A. Deadlines. 1. Each source that is a WEB source on or before the Program Trigger Date shall register by submitting the initial Certificate required in R18-2-1614(B) to the Director no later than 180 days after the Program Trigger Date. 2. Any existing source that becomes a WEB source after the Program Trigger Date shall register by submitting the initial Certificate required in R18-2-1614(B) to the Director by September 30 of the year following the inventory year in which the source exceeded the emission threshold. 3. Any new WEB source shall register by submitting the initial Certificate required in R18-2-1614(B) to the Director before the commencement of operation. B. Integration into Permits. 1. An allocation, transfer or deduction of allowances to or from the compliance account of a WEB source shall not require revision of the WEB source’s operating permit. 2. Any WEB source that is not required to have a permit under Article 4 of this Chapter at any time after provisions R18-2-1614 to R18-2-1622 apply, shall at all times possess a permit that includes the requirements of this Article. If it does not possess a Class I permit under Article 3 of this Chapter, it shall do so by obtaining or modifying a permit under Article 4 of this Chapter to incorporate the requirements of this Article. The source shall at all times possess a permit that includes these requirements. R18-2-1616. Allowance Allocations A. The Tracking System Administrator shall record the allowances for each WEB source in the compliance account for a WEB source once the allowances are allocated by the Director under 40 CFR 51.309(h)(4)(i). If applicable, the Tracking System Administrator shall record a portion of the SO2 allowances for a WEB source in a special reserve compliance account to account for any allowances to be held in accordance with R18-2-1618(A)(2). B. The Tracking System Administrator shall assign a serial number to each allowance. C. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater. April 9, 2004 Page 1363 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking D. An allowance is not a property right, and is a limited authorization to emit one ton of SO2 valid only for the purpose of meeting the requirements of this Article. No provision of this WEB Trading Program or other law should be construed to limit the authority of the Director to terminate or limit such authorization in accordance with this Article. E. Early Reduction Bonus Allocation. 1. Any WEB source that reduces permitted annual SO2 emissions to a level that is below the floor level allocation established for that source between 2003 and the program trigger year may apply to the Director for an early reduction bonus allocation. 2. The application shall be submitted no later than ninety days after the Program Trigger Date. Any WEB source that applies and receives early reduction bonus allocations shall retain the records referenced below for a minimum of five years after the early reduction bonus allowance is certified. 3. The application for an early reduction bonus allocation shall contain the following information: a. Copies of all permits or other enforceable documents that include annual SO2 emissions limits for the WEB source during the period the WEB source was generating the early reductions. Such permits or enforceable documents require monitoring for SO2 emissions that meets the requirements in R18-2-1618(A)(1) and R18-21618(A)(3). b. Copies of emissions monitoring reports, for the period the WEB source was generating the early reductions, that document the actual annual SO2 emissions and demonstrate that the actual annual SO2 emissions were below the floor level allocation established for that source. c. Demonstration that the floor level established for the source was calculated using data consistent with the monitoring methodology during the period the WEB source was generating emission reductions. If new monitoring techniques change the floor level for the source, then a demonstration of the new floor level based on the monitoring techniques should be included in the application. F. Request for allowances for new WEB sources or modified WEB Sources. 1. A new WEB source or an existing WEB source that has increased production capacity through a permitted change in operations under Article 4 of this Chapter may apply to the Director for an allocation from the new source set-aside. a. A new WEB source is eligible to apply for an annual allocation equal to the permitted annual SO2 emission limit for that source after the source has commenced operation. b. An existing WEB source is eligible to apply for an annual allocation equal to the permitted annual SO2 emission limit for that source that is attributable to any amount of production capacity that is greater than the permitted production capacity for that source as of January 1, 2003. c. A source that has received a retired source exemption under R18-2-1612(D) is not eligible to apply for an allocation from the new source set-aside. 2. The application for an allocation from the new source set-aside shall contain the following information: a. Demonstration that shows the permitted production capacity of the source before and after the new permit; b. For new WEB sources, documentation of the actual date of the commencement of operation and a copy of the permit. R18-2-1617. Establishment of Accounts A. Allowance Tracking System Accounts. 1. All WEB sources are required to open a compliance account. Any person may open a general account for holding and transferring allowances. 2. If a WEB source conducts monitoring under R18-2-1618(A)(2), the WEB source shall open a special reserve compliance account for allowances associated with units monitored under those provisions. a. The WEB sources and Account Representative shall have no rights to transfer allowances in or out of such special reserve compliance account. b. The Director shall allocate allowances to the account in accordance with R18-2-1618(A)(2)(e), and all such allowances for each control period shall be retired each year for the compliance in accordance with R18-2-1622. 3. To open either type of account, an application that contains the following information shall be submitted to the Director: a. The name, mailing address, e-mail address, telephone number, facsimile number of the Account Representative. For a compliance account, include a copy of the Account Certificate of Representation of the Account Representative and any alternate as required in R18-2-1614(B)(2). For a general account, include the Account Certificate of Representation of the Account Representative and any alternate as required in R18-2-1617(C)(2); b. The WEB source or organization name; c. The type of account to be opened; and d. A signed certification of truth and accuracy by the Account Representative according to R18-2-1614(C) for compliance accounts and for general accounts, certification of truth and accuracy by the Account Representative according to R18-2-1617(D). B. Account Representative for General Accounts. Volume 10, Issue 15 Page 1364 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking For a general account, one Account Representative shall be identified and an alternate Account Representative shall be identified and may act on behalf of the Account Representative. Any representation, action, inaction or submission by the alternate Account Representative will be deemed to be a representation, action, inaction or submission by the Account Representative. C. Identification and Certification of an Account Representative for General Accounts. 1. The Account Representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the Account Representative binding on all persons who have an ownership interest with respect to allowances held in the general account. 2. The Account Representative shall submit to the Director and the Tracking System Administrator a signed and dated Account Certificate of Representation (Certificate) that contains the following elements: a. The name, address, e-mail (if available), telephone and facsimile number of the Account Representative and any alternate; b. The organization name; c. The following certification statement: “I certify that I was selected as the Account Representative or alternate Account Representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowances in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Director regarding the general account.” 3. Upon receipt by the Director of the complete Certificate, the Account Representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard in all matters concerning the general account. Such persons shall be bound by any decision or order issued by the Director. 4. No WEB Allowance Tracking System general account shall be established until the Tracking System Administrator has received a complete Certificate. Once the account is established, the Account Representative shall make all submissions concerning the account, including the deduction or transfer of allowances. D. Requirements and Responsibilities of Account Representative for General Accounts. Each submission for the general account shall be signed and certified by the Account Representative for the general account. Each submission shall include the following truth and accuracy certification statement by the Account Representative: “I am authorized to make this submission on behalf of all person who have an ownership interest in allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.” E. Changing the Account Representative for General Accounts. The Account Representative or alternate Account Representative may be changed at any time by sending a complete superseding Certificate to the Director and the Tracking System Administrator under R18-2-1617(C)(2), with the change taking effect upon receipt of such Certificate by the Director. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous Account Representative or alternate before the time and date when the Director receives the superseding Certificate shall be binding on the new Account Representative and all person having ownership interest with respect to allowances held in the general account. F. Changes to the Account. Any change to the information required in the application for an existing account under R18-2-1617(A) shall require a submission to the Director of the revised application. R18-2-1618. Post-trigger Monitoring, Recordkeeping and Reporting A. General Requirements on Monitoring Methods. 1. For each SO2 emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record SO2 mass emissions: a. If a unit is subject to 40 CFR 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in 40 CFR 75 with respect to monitoring, recording and reporting SO2 mass emissions. b. If a unit is not subject to 40 CFR 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable: i. A continuous emission monitoring system (CEMS) for SO2 and flow that complies with all applicable monitoring provisions in 40 CFR 75; ii. If the unit is a gas- or oil-fired combustion device, the accepted monitoring methodology in Appendix D to April 9, 2004 Page 1365 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 2. 40 CFR 75, or, if applicable, the low mass emissions provisions with respect to SO2 mass emissions only of 40 CFR 75.19; iii. One of the optional WEB protocols, if applicable, in R18-2-1619; or; iv. Site-specific monitoring under a petition that the source submits for approval by the Director, and approval by the Administrator in subsection (I). c. A permanently retired unit shall not be required to monitor under this Article if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements this subsection (c) and the Account Representative certifies in accordance with R18-2-1622(B) that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section in the same manner as if the unit was a new unit. Notwithstanding subsection (1), the WEB source with a unit that meets one of the conditions of subsection (2)(a) may elect to have the provisions of this subsection (2) apply to that unit. a. Any of the following may implement subsection (2): i. A smelting operation where all of the emissions from the operation are not ducted to a stack; or ii. A flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery. iii. Another type of unit without add-on SO2 control equipment, if no control level was assumed for the WEB source in establishing the floor level and reducible allocation. b. For each unit covered by this subsection (2), the Account Representative shall submit to the Director a notice to request that this subsection (2) apply to one or more SO2 emitting units at a WEB source. The notice shall be submitted in accordance with the compliance dates specified in subsection (F)(1), and shall include the following information in a format specified by the Director with such additional, related information as may be requested: i. A notice of all units at the applicable source, specifying which of the units are to be covered by this subsection (2); ii. Consistent with the emission estimation methodology used to determine the floor level and reducible allocation, the portion of the WEB source's overall allowance allocation that is attributable to any units covered by this subsection; and iii. An identification of any such units that are permanently retired. c. For each new unit at an existing WEB source for which the WEB source seeks to comply with this subsection (2) and for which the Account Representative applies for an allocation under the new source set-aside provisions of R18-2-1616(F), the Account Representative shall submit a modified notice under subsection (2)(b) that includes such new SO2 emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in subsection (F)(1), but no later than the date on which a request is submitted under R18-2-1616(F) for allocations from the set-aside. d. The Director shall evaluate the information submitted by the WEB source in subsections (2)(b) and (2)(c), and may issue a notice to the source to exclude any units that do not qualify under this subsection (2) or to adjust the portion of allowances attributable to units that do qualify to be consistent with the emission estimation methodology used to establish the floor level and reducible allocation for the source. e. The Director shall allocate allowances equal to the adjusted portion of the WEB source's allowances under subsections (2)(b), (2)(c), and (2)(d) in a special reserve compliance account, provided that no such treatment of the WEB source's allocation will be required for any unit that is permanently retired and had no emissions for the entire period for which the WEB source implements this subsection (2) and the Account Representative certifies in accordance with R18-2-1622 that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section in the same manner as if the unit was a new unit. f. The Account Representative for a WEB source shall submit an annual emissions statement for each unit under this subsection (2) in accordance with subsection (H). The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner consistent with the emission estimation methodology used to establish the floor level and reducible allocation for the source. In addition, if the estimated emissions from all such units at the WEB source are greater than the allowances for the current control year held in the special reserve compliance account under subsection (2)(e) for the WEB source, the Account Representative will report the excess amount as part of the annual report for the WEB source under R18-2-1622 and be required to use other allowances in the standard compliance account for the WEB source to account for such emissions, in accordance with R18-2-1622. g. The remaining provisions of this Section shall not apply to units covered by this subsection except where otherwise noted. h. A WEB source may opt to modify the monitoring for an SO2 emitting unit to use monitoring under subsection (A)(1), but any such monitoring change shall take effect on January 1 of the next compliance year. In addition, the Account Representative shall submit an initial monitoring plan at least 180 days before the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with subsection (B). The Account Volume 10, Issue 15 Page 1366 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking Representative shall also submit a revised notice under subsection (2)(b) at the same time that the initial monitoring plan is submitted. 3. For any monitoring that the WEB source uses under this Section, including subsection (2), the WEB source, and, as applicable, the Account Representative, shall implement, certify, and use such monitoring in accordance with this Section, and record and report the data from such monitoring as required in this Section. In addition, the WEB source, and, as applicable, the Account Representative, shall not: a. Except for an alternative approved by the Administrator for a WEB source that implements monitoring under subsection (A)(1)(a), use an alternative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with subsection (I); b. Operate an SO2 emitting unit so as to discharge, or allow to be discharged, SO2 emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of this Section; c. Disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this Section; or d. Retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances: i. During a period when the unit is exempt from the requirements of this Section, including retirement of a unit as addressed in subsection (A)(1)(c); ii. The WEB source is monitoring emissions from the unit with another certified monitoring method approved under this Section for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or iii. The Account Representative submits notification of the date of certification testing of a replacement monitoring system in accordance with this Section, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of this Section. B. Monitoring Plan. 1. General Provisions. A WEB source with an SO2 emitting unit that uses a monitoring method under subsection (A)(1)(b) shall meet the following requirements: a. Prepare and submit to the Director an initial monitoring plan for each monitoring method that the WEB source uses to comply with this Section. In accordance with subsection (B)(3), the plan shall contain sufficient information on the units involved, the applicable method, and the use of data derived from that method to demonstrate that all unit SO2 emissions are monitored and reported. The plan shall be submitted in accordance with the compliance deadlines specified in subsection (E). b. Prepare, maintain and submit to the Director a detailed monitoring plan before the first day of certification testing, in accordance with the compliance deadline specified in subsection (E). The plan will contain the applicable information required by subsection (B)(4). The Director shall require that the monitoring plan, or portions thereof, be submitted electronically. The Director shall require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under subsection (H)(1), or resubmitted separately after any change is made to the plan in accordance with the following subsection (1)(c). c. Whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in subsection (A)(1)(b), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects information reported in the monitoring plan, then the WEB source shall update the monitoring plan in accordance with the compliance deadline specified in subsection (F). 2. A WEB source with an SO2 emitting unit that uses a method under subsection (A)(1)(a) shall meet the requirements of subsections (B)(1) through (B)(6) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR 75, provided that the WEB source also shall submit the entire monitoring plan to the Director upon request. 3. Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO2 emitting unit or group of units sharing a common methodology that, except as otherwise specified in an applicable provision in R18-2-1619, contains the following information: a. For all SO2 emitting units involved in the monitoring plan: i. Plant name and location; ii. Plant and unit identification numbers assigned by the Director; iii. Type of unit or units for a group of units using a common monitoring methodology; iv. Identification of all stacks or pipes associated with the monitoring plan; v. Types of fuels fired or sulfur containing process materials used in the SO2 emitting unit, and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR 75 methodology; vi. Type(s) of emissions controls for SO2 installed or to be installed, including specifications of whether such April 9, 2004 Page 1367 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 4. controls are pre-combustion, post-combustion, or integral to the combustion process; vii. Maximum hourly heat input capacity, or process throughput capacity, if applicable; viii. Identification of all units using a common stack; and ix. Indicator of whether any stack identified in the plan is a bypass stack. b. For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identification of quality assurance procedures. If the proposed methodology is a site-specific methodology submitted pursuant to subsection (A)(1)(b)(4), the description under this subsection shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures. c. If the WEB source intends to petition for a change to any specific monitoring requirement otherwise required under this Section, such petition shall be submitted as part of the initial monitoring plan. d. The Director shall issue a notice of approval or disapproval of the initial monitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in this Section. Detailed Monitoring Plan. The Account Representative shall submit a detailed monitoring plan that, except as otherwise specified under R18-2-1619, shall contain the following information: a. Identification and description of each monitoring component, including each monitor and its identifiable components, such as analyzer or probe, in a CEMS (e.g., SO2 pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in R18-2-1619, including: i. Manufacturer, model number and serial number; ii. Component or system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer or probe; iii. Designation of the component type and method of sample acquisition or operation; iv. Designation of the system as a primary or backup system; v. First and last dates the system reported data; vi. Status of the monitoring component; and vii. Parameter monitored. b. Identification and description of all major hardware and software components of the automated data acquisition and handling system, including: i. Hardware components that perform emission calculations or store data for quarterly reporting purposes, to include the manufacturer and model number; and ii. Software components, to include the identification of the provider and model or version number. c. Explicit formulas for each measured emissions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the system observations with the reported concentrations and mass emissions. The formulas shall contain all constants and factors required to derive mass emissions from component or system code observations and an indication of whether the formula is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions excepted methodology in of 40 CFR 75.19(c) is not required to report such formulas. d. For units with flow monitors only, inside cross-sectional square foot area at flow monitoring location. e. If using CEMS for SO2 and flow, for each parameter monitored: scale, maximum potential concentration and method of calculation, maximum expected concentration, if applicable, and method of calculation, maximum potential flow rate, and method of calculations, span value, full-scale range, daily calibration units of measure, span effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value in standard cubic feet per hour (scfh) for each unit or stack using SO2 or flow component monitors. f. If the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following information for each value of such parameter: i. Identification of the parameter; ii. Default, maximum, minimum, or constant value, and units of measure for the value; iii. Purpose of the value; iv. Indicator of use during controlled or uncontrolled hours; v. Types of fuel; vi. Source of the value; vii. Value effective date and hour; viii. Date and hour value is no longer effective, if applicable; and ix. For units using the excepted methodology under section 40 CFR 75.19, the applicable SO2 emission factor. Volume 10, Issue 15 Page 1368 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking g. 5. Unless otherwise specified in Section 6.5.2.1 of Appendix A to 40 CFR 75, for each unit or common stack on which hardware CEMS are installed: i. The upper and lower boundaries of the range of operation as defined in Section 6.5.2.1 of Appendix A to 40 CFR 75, or thousand of pounds per hour (lb/hr) of steam, or feet per second (ft/sec), as applicable; ii. The load or operating levels designated as normal in Section 6.5.2.1 of Appendix A to 40 CFR 75, or thousands of lb/hr of steam, or ft/sec, as applicable; iii. The two load or operating levels (i.e., low, mid, or high) identified in Section 6.5.2.1 of Appendix A to 40 CFR 75 as the most frequently used; iv. The date of the data analysis used to determine the normal load, or operating levels, and the two most frequently-used load or operating levels; and v. Activation and deactivation dates when the normal load or operating levels change and are updated. h. For each unit that is complying with 40 CFR 75 for which the optional fuel flow-to-load test in Section 2.1.7 of Appendix D to 40 CFR 75 is used: i. The upper and lower boundaries of the range of operation as defined in Section 6.5.2.1 of Appendix A to 40 CFR 75, expressed in thousand of lb/hr of steam; ii. The load level designated as normal, pursuant to Section 6.5.2.1 of Appendix A to 40 CFR 75, expressed in thousands of lb/hr of steam; and iii. The date of the load analysis used to determine the normal load level. i. Information related to quality assurance testing, including, as applicable: identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels as percent of span for the calibration error test and linearity check; calculations for determining maximum potential concentration, maximum expected concentration, if applicable, maximum potential flow rate, and span; j. If applicable, apportionment strategies under 40 CFR 75.10 through 75.18. k. Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include: i. A schematic diagram identifying entire gas handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and subsections (4)(a) and (c). The schematic diagram shall depict the height of any monitor locations. Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common stack. ii. Stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method sampling ports, and other equipment that affects the monitoring system location, performance, or quality control checks. l. A data flow diagram denoting the complete information handling path from output signals of CEMS components to final reports. In addition to supplying the information in subsections (3) and (4) above, the WEB source with an SO2 emitting unit using either of the methodologies in subsection (A)(1)(b)(ii) shall include the following information in its monitoring plan for the specific situations described: a. For each gas-fired or oil-fired SO2 emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CFR 75 for SO2 mass emissions, the WEB source shall include the following information in the monitoring plan: i. Parameter monitored; ii. Type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter; iii. Test method used to check the accuracy of each fuel flowmeter; iv. Submission status of the data; v. Monitoring system identification code; vi. The method used to demonstrate that the unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; vii. A schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeters, and the stacks. The schematic diagram shall depict the installation location of each fuel flowmeter and the fuel sampling locations. Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe; viii. For units using the optional default SO2 emission rate for “pipeline natural gas” or “natural gas” in Appendix D to 40 CFR 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either Section 2.3.1.4 or 2.3.2.4 of Appendix D to 40 CFR 75; ix. For units using the 720 hour test under Section 2.3.6 of Appendix D to 40 CFR 75 to determine the required April 9, 2004 Page 1369 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking sulfur sampling requirements, report the procedures and results of the test; and For units using the 720 hour test under Section 2.3.5 of Appendix D to 40 CFR 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test. b. For each SO2 emitting unit for which the WEB source uses the low mass emission excepted methodology under 40 CFR 75.19, the WEB source shall include the following information in the monitoring plan that accompanies the initial certification application: i. The results of the analysis performed to qualify as a low mass emissions unit under 40 CFR 75.19(c). This report shall include either the previous three years actual or projected emissions. The following items should be included: (1) Current calendar year of application; (2) Type of qualification; (3) Years one, two, and three; (4) Annual measured, estimated or projected SO2 mass emissions for years one, two, and three; and (5) Annual operating hours for years one, two, and three. ii. A schematic diagram identifying the relationship between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe; iii. For units which use the long term fuel flow methodology under 40 CFR 75.19(c)(3), a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units; iv. A statement that the unit burns only gaseous fuel(s) or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuel(s) or fuel oil and a list of the fuels that are projected to be burned; v. A statement that the unit meets the applicability requirements under 40 CFR 75.19(a) and (b) with respect to SO2 emissions; and; vi. Any unit historical actual, estimated and projected SO2 emissions data and calculated SO2 emissions data demonstrating that the unit qualifies as a low mass emissions unit under 40 CFR 75.19(a) and (b). c. For each gas-fired unit the WEB source shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of gas-fired under 40 CFR 72.2, and an indication of whether the data are actual or projected data. 6. The specific elements of a monitoring plan under subsection (B) shall not be part of an operating permit for a WEB source issued in accordance with Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification. C. Certification and Recertification. 1. All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR 75 or R182-1619, as applicable. Certification or recertification of a monitoring system by the Administrator for a WEB source that is subject to 40 CFR 75 under a requirement separate from this Article shall constitute certification under the WEB Trading Program. 2. The WEB source with an SO2 emitting unit not otherwise subject to 40 CFR75 that monitors SO2 mass emissions in accordance with 40 CFR 75 to satisfy the requirements of this Section shall perform all of the tests required by that regulation and shall submit the following: a. A test notice, not later than 21 days before the certification testing of the monitoring system, provided that the Director may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under subsection (B)(3); and b. An initial certification application within 45 days after testing is complete. 3. A monitoring system will be considered provisionally certified while the application is pending, and the system shall be deemed certified if the Director does not approve or disapprove the system within six months after the date on which the application is submitted. 4. Whenever an audit of any monitoring certified under this Article, and a review of the initial certification or recertification application, reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement of this Article, both at the time of the initial certification or recertification application submission and at the time of the audit, the Director shall issue a notice of disapproval of the certification status of such system or component. For the purposes of this subsection, an audit shall be either a field audit of the facility or an audit of any information submitted to the Director regarding the facility. By issuing the notice of disapproval, the certification status is revoked prospectively, and the data measured and recorded shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the WEB source completes subsequently approved initial certification or recertification tests in accordance with the procedures in subsection (C). The WEB source shall apply the substitute data procedures in subsection (E)(2) to replace, prospectively, all of the invalid, non-quality-assured data for each disx. Volume 10, Issue 15 Page 1370 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking approved system or component. D. Ongoing Quality Assurance and Quality Control. The WEB source shall satisfy the applicable quality assurance and quality control requirements of 40 CFR 75 or, if the WEB source is subject to a WEB protocol in R18-2-1619, the applicable quality assurance and quality control requirements in R18-2-1619, on and after the date that certification testing commences. E. Substitute Data Procedures. 1. For any period after certification testing is complete in which quality assured, valid data are not being recorded by a monitoring system certified and operating in accordance with this Article, missing or invalid data shall be replaced with substitute data in accordance with 40 CFR 75 or, if the WEB source is subject to a WEB protocol in R18-2-1619, with substitute data in accordance with R18-2-1619. 2. For an SO2 emitting unit that does not have a certified or provisionally certified monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Program, the WEB source shall: a. If the WEB source will use a CEMS to comply with this Section, substitute the maximum potential concentration of SO2 for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR 75. The procedures for conditional data validation under 40 CFR 75.20(b)(3) shall be used for any monitoring system under this Article that uses these 40 CFR 75 procedures, as applicable; b. If the WEB source uses Appendix D methodology under 40 CFR 75 to substitute the maximum potential sulfur content, density or gross calorific value for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR 75; c. If the WEB source uses the 40 CFR 75 methodology for low mass emissions units, substitute the SO2 emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or d. If using a protocol in R18-2-1619, follow the procedures in the applicable protocol. F. Compliance Deadlines. 1. The initial monitoring plan shall be submitted by the following dates: a. For each source that is a WEB source on or before the Program Trigger Date, the monitoring plan shall be submitted 180 days after such Program Trigger Date. b. For any existing source that becomes a WEB source after the Program Trigger Date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in which the source exceeded the SO2 emissions threshold of 100 tons per year. c. For any new WEB source, the monitoring plan shall be included with the permit application under either Article 3 or Article 4 of this Chapter. 2. A detailed monitoring plan under subsection (B)(2) shall be submitted no later than 45 days before commencing certification testing in accordance with the following subsection (3). 3. Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of this Section, including any referenced in R18-2-1619, by the following dates: a. For each source that is a WEB source on or before the Program Trigger Date, two years before the start of the first control period as described in R18-2-1622. b. For any existing source that becomes a WEB source after the Program Trigger Date, one year after the due date for the monitoring plan under subsection (F)(1)(b). c. For any new WEB source, or any new unit at a WEB source under subsections (3)(a) or (3)(b), the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation. 4. The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in subsection (C)(2). 5. For each applicable control period, the WEB source shall submit each quarterly report under subsection (H) by no later than 30 days after the end of each calendar quarter and shall submit the annual report under subsection (H) no later than 60 days after the end of each calendar year. G. Recordkeeping. 1. Except as provided in subsection (G)(2), the WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this Article for a period of five years. In addition, the WEB source shall keep a copy of all Account Certificates of Representation. Unless otherwise requested by the WEB source and approved by the Director, the copies shall be kept on site. 2. The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO2, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this Section or in R18-2-1619. The WEB source shall maintain the applicable records specified in 40 CFR 75 for any SO2 emitting unit that uses a 40 CFR 75 monitoring method to meet the requirements of this Section. H. Reporting. 1. Quarterly Reports. For each SO2 emitting unit, the Account Representative shall submit to the Director a quarterly April 9, 2004 Page 1371 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking report within thirty days after the end of each calendar quarter. The report shall be in a format specified by the Director to include hourly and quality assurance activity information and shall be submitted in a manner compatible with the emissions tracking database designed for the WEB Trading Program. If the WEB source submits a quarterly report under 40 CFR 75 to the Administrator, no additional report under this subsection shall be required, provided, however, a copy of that report, or a separate statement of quarterly and cumulative annual SO2 mass emissions, be submitted separately to the Director. 2. Annual Report. Based on the quarterly reports, each WEB source shall submit to the Director an annual statement of total annual SO2 emissions for all SO2 emitting units at the source. The annual report shall identify the total emissions for all units monitored in accordance with subsection (A)(1), and the total emissions for all units with emissions estimated in accordance with subsection (A)(2). The annual report shall be submitted within 60 days after the end of a control period. 3. If the Director so directs, any monitoring plan, report, certification, recertification, or emissions data required to be submitted under this Section shall be submitted to the Tracking System Administrator. 4. The Director may review and reject any report submitted under subsection (H) that contains errors or fails to satisfy the requirements of this Section, and the Account Representative shall resubmit the report to correct any deficiencies. I. Petitions. A WEB source may petition for an alternative to any requirement specified in subsection (A)(1)(b). The petition shall require approval of the Director and the Administrator. Any petition submitted under this subsection shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: 1. Identification of the WEB source and applicable SO2 emitting unit(s); 2. A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; 3. A description and diagram of any equipment and procedures used in the proposed alternative, if applicable; 4. A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of this Article and that any adverse effect of approving such alternative will be de minimis; and 5. Any other relevant information that the Director may require. J. Consistency of Identifying Information. For any monitoring plans, reports, or other information submitted under this Section, the WEB source shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate of representation for the WEB source submitted under R18-2-1614. R18-2-1619. Monitoring Protocols A. Protocol 1: SO2 Monitoring of Fuel Gas Combustion Devices. 1. Applicability. a. The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries. b. Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery. c. Fuel gas means any gas which is generated and combusted at a petroleum refinery. Fuel gas does not include (1) natural gas, unless combined with other gases generated at a petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, (3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or malfunctions. 2. Monitoring Requirements. a. Except as provided in subsections (b) and (c) of this subsection, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content, reported as H2S, of the fuel gas mixture before combustion, and continuous fuel flow meters to determine the amount of fuel gas burned. i. Fuel gas combustion devices having a common source of fuel gas may be monitored for sulfur content at one location, if monitoring at that location is representative of the sulfur content of the fuel gas being burned in any fuel gas combustion device. ii. The CFGMS shall meet the performance requirements in Performance Specification 2 in Appendix B to 40 CFR 60, and the following: (1) Continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H2S. (2) Have the span value set so that the majority of readings fall between 10 and 95% of the range. (3) Record negative values of zero drift. (4) Calibration drift shall be ≤5.0% of the span, for initial certification and daily calibration error tests. (5) Methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a bias test in accordance with subsection 4(c) of this Section. iii. All continuous fuel flow meters shall comply with the provisions of Section 2.1.5 of Appendix D to 40 CFR 75. Volume 10, Issue 15 Page 1372 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 3. iv. The hourly mass SO2 emissions rate for all the fuel gas combustion devices monitored by this approach shall be calculated using the following equation: Et = (CS)(Qt)(K) where: Et = Total SO2 emissions in lb/hr from applicable fuel gas combustion devices CS = Sulfur content of the fuel gas as H2S(ppmv) Qt = Fuel gas flow rate to the applicable fuel gas combustion devices (scf/hr) K = 1.660 x 10-7 (lb/scf)/ppmv b. In place of a CFGMS in subsection (a) of this subsection 2, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 CEMS, a flow CEMS, and, if necessary, a moisture monitoring system at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/scf fuel gas burned) of all applicable fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with subsection (a), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. i. Each CEMS for SO2, flow, and, if applicable, moisture, shall comply with the operating requirements, performance specifications, and quality assurance requirements of 40 CFR 75. ii. All continuous fuel flow meters shall comply with the provisions of Section 2.1.5 of Appendix D to 40 CFR 75. iii. The SO2 hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the amount of fuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following equation: Et = (Em)(Qt)/(Qm) where: Et = Total SO2 emissions in lb/hr from applicable fuel gas combustion devices Em = SO2 emissions in lb/hr from the CEMS-monitored fuel gas combustion device, calculated using Equation F-1 or (if applicable) F-2 in Appendix F to 40 CFR Part 75 Qt = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices Qm = Fuel gas flow rate (scf/hr) to the CEMS-monitored fuel gas combustion device c. In place of a CFGMS in subsection (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 - diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with subsection (a) of this Section 2, with separate fuel metering for the CEMS-monitored fuel gas combustion device. i. Each SO2-diluent CEMS shall comply with the applicable provisions for SO2 monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in Section 3 of Appendix F to Part 75 for determining SO2 emission rate (lb/mmBtu) by substituting the term SO2 for NOx in that section, and using a K factor of 1.660 x 10-7 (lb/scf)/ppmv instead of the NOx K factor. ii. All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine the heat input rate from the fuel gas shall comply with the applicable provisions in Sections 2.1.5 and 2.3.4 of Appendix D to 40 CFR 75. iii. The SO2 hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall be calculated by using the following equation: Et = (Em) (Qt)(GCV)/106 where: Et = Total hourly SO2 mass emissions in lb/hr from the applicable fuel gas combustion devices Em = SO2 emission rate in lb/mmBtu from the CEMS - monitored fuel gas combustion device Qt = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices GCV = Fuel Gross Calorific Value (Btu/scf) 106 = Conversion from Btu to million Btu d. Calculate total SO2 mass emissions for each calendar quarter and each calendar year based on the emissions in lb/hr and Equations F-3 and F-4 in Appendix F to 40 CFR 75. Certification/Recertification Requirements. All monitoring systems are subject to initial certification and recertification testing as follows: a. The owner or operator shall comply with the initial testing and calibration requirements in Performance Specification 2 in Appendix B to 40 CFR 60 and subsection 2 (a)(2) of this Section for each CFGMS. b. Each CEMS for SO2 and flow or each SO2-diluent CEMS shall comply with the testing and calibration require- April 9, 2004 Page 1373 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking ments specified in 40 CFR 75.20 and Appendices A and B, except that each SO2-diluent CEMS shall meet the relative accuracy requirements for a NOx-diluent CEMS (lb/mmBtu). c. A continuous fuel flow meter shall comply with the certification and quality-assurance requirements in Sections 2.1.5 and 2.1.6 to Appendix D to 40 CFR 75. 4. Quality Assurance/Quality Control Requirements. a. A quality assurance/quality control (QA/QC) plan shall be developed and implemented for each CEMS for SO2 and flow or the SO2-diluent CEMS in compliance with Sections 1, 1.1, and 1.2 of Appendix B to Part 75. b. A QA/QC plan shall be developed and implemented for each continuous fuel flow meter and fuel sampling and analysis in compliance with Sections 1, 1.1, and 1.3 of Appendix B to 40 CFR 75. c. A QA/QC plan shall be developed and implemented for each CFGMS in compliance with Sections 1 and 1.1 of Appendix B to 40 CFR 75, and the following: i. Perform a daily calibration error test of each CFGMS at two gas concentrations, one low level and one high level. Calculate the calibration error as described in Appendix A to 40 CFR 75. An out of control period occurs whenever the error is greater than 5.0% of the span value. ii. In addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily calibration error test is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may affect the monitor measurements, or after making manual calibration adjustments. iii. Perform a linearity test once every operating quarter. Calculate the linearity as described in Appendix A to 40 CFR 75. An out of control period occurs whenever the linearity error is greater than 5.0 percent of a reference value, and the absolute value of the difference between average monitor response values and a reference value is greater than 5.0 ppm. iv. Perform a relative accuracy test audit once every four operating quarters. Calculate the relative accuracy as described in Appendix A to 40 CFR 75. An out of control period occurs whenever the relative accuracy is greater than 20.0% of the mean value of the reference method measurements. v. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR 75, and calculate and apply a bias adjustment factor if required. 5. Missing Data Procedures. a. For any period in which valid data are not being recorded by an SO2 CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute data in accordance with the requirements in Subsection D of 40 CFR 75. b. For any period in which valid data are not being recorded by an SO2-diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in accordance with the requirements for SO2 monitors in Subsection D of 40 CFR 75. c. For any period in which valid data are not being recorded by a continuous fuel flow meter or for fuel gas GCV sampling and analysis specified in this Section, missing or invalid data shall be replaced with substitute data in accordance with missing data requirements in Appendix D to 40 CFR 75. d. For any period in which valid data are not being recorded by the CFGMS specified in this Section, hourly missing or invalid data shall be replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in Section 2.4 of Appendix D to 40 CFR 75. 6. Monitoring Plan and Reporting Requirements. In addition to the general monitoring plan and reporting requirements of R18-2-1618, the owner or operator shall meet the following additional requirements: a. The monitoring plan shall identify each group of units that are monitored by a single monitoring system under this Protocol 1 of this Section, and the plan shall designate an identifier for the group of units for emissions reporting purposes. For purpose of submitting emissions reports, no apportionment of emissions to the individual units within the group is required. b. If the provisions of subsections 2(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO2 emission rate from the monitored unit is representative of the rate from non-monitored units. B. Protocol 2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure Fabric Filter. 1. Applicability. a. The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter, (2) combust only a single fuel, no fuel blends, and (3) have operating conditions upstream of the fabric filter that the WEB source documents would reasonably prevent reliable flow monitor measurements. b. This protocol does not modify the SO2 monitoring requirements in R18-2-1618. 2. Monitoring Requirements. a. A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow monitoring system (PFMS) to determine the hourly kiln exhaust gas flow. b. A PFMS is the total equipment necessary for the determination of exhaust gas flow using process or control Volume 10, Issue 15 Page 1374 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 3. 4. 5. 6. device operating parameter measurements and a conversion equation, a graph, or computer program to produce results in cubic feet per hour. c. The PFMS shall meet the following performance specifications: i. Sensors readings and conversion of sensor data to flow in cubic feet per hour shall be automated. ii. The PFMS shall allow for the automatic or manual determination of failed monitors. At a minimum a daily determination shall be performed. iii. The PFMS shall have provisions to check the calibration error of each parameter that is individually measured. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Article. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The reference value need not be certified. iv. The relative accuracy of the PFMS shall be <10.0% of the reference method average value, and include a bias test in accordance with subsection 4(c) of this Section. The PFMS is subject to initial certification testing as follows: i. Demonstrate the ability of the PFMS to identify automatically or manually a failed monitor. ii. Provide evidence of calibration testing of all monitoring equipment. Any tests conducted within the previous 12 months of operation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certification purposes. iii. Perform an initial relative accuracy test over the normal range of operating conditions of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR 75, and calculate and apply a bias adjustment factor if required. Quality Assurance/Quality Control Requirements. A QA/QC plan shall be developed and implemented for each PFMS in compliance with Sections 1 and 1.1 of Appendix B of 40 CFR 75, and the following: a. Perform a daily monitor failure check. b. Perform calibration tests of all monitors for each parameter included in the PFMS. At a minimum, calibrations shall be conducted before each relative accuracy test audit. c. Perform a relative accuracy test audit and accompanying bias test once every four operating quarters. Calculate the relative accuracy and bias adjustment factor as described in Appendix A to 40 CFR 75. An out of control period occurs whenever the flow relative accuracy is greater than 10.0% of the mean value of the reference method. Missing Data. For any period in which valid data are not being recorded by the PFMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the flow monitor missing data requirements for non-load based units in Subsection D of 40 CFR 75. Monitoring Plan Requirements. In addition to the general monitoring plan requirements of R18-2-1618, the owner or operator shall meet the following additional requirements: a. The monitoring plan shall document the reasons why stack flow measurements upstream of the fabric filter are unlikely to provide reliable flow measurements over time. b. The initial monitoring plan shall explain the relationship of the proposed parameters and stack flow, and discuss other parameters considered and the reasons for not using those parameters in the PFMS. The Director may require that the subsequent monitoring plan include additional explanation and documentation for the reasonableness of the proposed PFMS. R18-2-1620. Allowance Transfers A. Procedure. To transfer allowances, the Account Representative shall submit the following information to the Tracking System Administrator: 1. The transfer account number(s) identifying the transferor account; 2. The transfer account number(s) identifying the transferee account; 3. The serial number of each allowance to be transferred; and 4. The transferor’s Account Representative’s name and signature and date of submission. B. Deadline. The allowance transfer deadline is midnight Pacific Standard Time March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the control period. By this time, the transfer of the allowances into the WEB source’s compliance account shall be correctly submitted to the Tracking System Administrator in order to demonstrate compliance under R18-2-1622(A) for that control period. C. Retirement of Allowances. To transfer allowances for the purpose of retirement, the Account Representative shall submit the following information to the Tracking System Administrator: 1. The transfer account number(s) identifying the transferor account; 2. The serial number of each allowance to be retired; and 3. The transferor’s Account Representative’s name and signature and date of submission accompanied by a signed statement acknowledging that each retired allowance as no longer available for future transfers from or to any account. April 9, 2004 Page 1375 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking R.18-2-1621. Use of Allowances from a Previous Year A. Any allowance that is held in a compliance account or general account shall remain in such an account unless and until the allowance is deducted in conjunction with the compliance process, or transferred to another account. B. In order to demonstrate compliance under R18-2-1622(A) for a control period, WEB sources shall only use allowances allocated for that current control period or any previous year. Because all allowances held in a special reserve compliance account for a WEB source that monitors certain units in accordance with R18-2-1618(A)(2) will be deducted for compliance for each control period, no banking of such allowances for use in a subsequent year is permitted by this Article. C. If flow control procedures for the current control period have been triggered under R18-2-1613, then the use of allowances that were allocated for any previous year shall be limited as follows: 1. The number of allowances that are held in each compliance account and general account as of the allowance transfer deadline for the immediately previous year and that were allocated for any previous year will be determined. 2. The number determined in subsection (1) will be multiplied by the flow control ratio to determine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period. 3. Allowances that were allocated for a previous year in excess of the number determined in subsection (2) may also be used for the current control period. If such allowances are used to make a deduction, two allowances shall be deducted for each deduction of one allowance required under R18-2-1622. D. Special provisions for the year 2018. After compliance with the 2017 allowance limitation has been determined in accordance with R18-2-1622(A), allowances allocated for any year before 2018 shall not be used for determining compliance with the 2018 allowance limitation or any future allowance limitation. R18-2-1622. Compliance A. Compliance with Allowance Limitations. 1. A WEB source shall hold allowances, in accordance with R18-2-1621 and R18-2-1622(A)(2), as of the allowance transfer deadline in the WEB source’s compliance account (together with any current control year allowances held in the WEB source’s special reserve compliance account under R18-2-1618(A)(2)) in an amount not less than the total SO2 emissions for the control period from the WEB source, as determined under R18-2-1618. a. For each source that is a WEB source on or before the Program Trigger Date, the first control period is the calendar year that is six years following the calendar year for which SO2 emissions exceeded the milestone. b. For any existing source that becomes a WEB source after the Program Trigger Date, the first control period is the calendar year that is four years following the inventory year in which the source exceeded the SO2 emissions threshold of 100 tons per year. c. For any new WEB source after the Program Trigger Date the first control period is the first full calendar year that the source is in operation. d. If the WEB Trading Program is triggered in accordance with the 2013 review, the first control period for each source that is a WEB source on or before the Program Trigger Date is the year 2018. 2. The Tracking System Administrator shall only deduct an allowance from the WEB source’s compliance account if: a. The allowance was allocated for the current control period or meets the requirements in R18-2-1621 for use of allowances from a previous control period, and b. The allowance was held in the WEB source’s compliance account as of the allowance transfer deadline for the current control period, or was transferred into the compliance account by an allowance transfer correctly submitted for recording by the allowance transfer deadline for the current control period. 3. Compliance with allowance limitations shall be determined as follows: a. The total annual SO2 emission for all SO2 emitting units at the source that are monitored under R18-21618(A)(1), as reported by the source in R18-2-1618(H)(2) or R18-2-1618(H)(4), and recorded in the emissions tracking database shall be compared to the allowances held in the source’s special reserve compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with R18-2-1621. If the emissions are equal to or less than the allowances in such account, all such allowances shall be retired to satisfy the obligation to hold allowances for such emissions. If the total emissions from such units exceed the allowances in such special reserve account, the WEB sources shall account for such excess emissions in the following subsection (b). b. The total annual SO2 emissions for all SO2 emitting units at the source that are monitored under R18-21618(A)(2), as reported by the source in R18-2-1618(H)(2) or R18-2-1618(H)(4), and recorded in the emissions tracking database, together with any excess emissions as calculated in the preceding subsection (a), shall be compared to the allowances held in the source’s compliance account as of the allowance transfer deadline for the current control period, and adjusted under R18-2-1621. 4. Other than allowances in a special reserve compliance account for units monitored under R18-2-1618(A)(2), to the extent consistent with R18-2-1621, allowances shall be deducted for a WEB source for compliance with the allowance limitation as directed by the WEB source’s Account Representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first-in, first-out accounting basis in the order of the Volume 10, Issue 15 Page 1376 April 9, 2004 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking date and time of their recording in the WEB source’s compliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances transferred to the WEB source’s compliance account from another compliance account or general account. The allowances held in a special reserve compliance account pursuant to R18-2-1618(A)(2) shall be deducted as specified in subsection 3(a). B. Certification of Compliance. 1. For each control period in which a WEB source is subject to the allowance limitation, the Account Representative of the source shall submit to the Director a Compliance Certification report for the source. 2. The Compliance Certification report shall be submitted to the Director no later than the allowance transfer deadline of each control period, and shall contain the following: a. Identification of each WEB source; b. At the Account Representative’s option, the serial numbers of the allowances that are to be deducted from a source’s compliance account for compliance with the allowance limitation; and c. The Compliance Certification report according to subsection 3 of this Section. 3. In the Compliance Certification report, the Account Representative shall certify, based on reasonable inquiry of those persons with primary responsibility for operating the WEB source in compliance with the WEB Trading Program, whether the WEB source for which the compliance certification is submitted was operated during the control period covered by the report in compliance with the requirements of the WEB Trading Program applicable to the source including: a. Whether the WEB source operated in compliance with the SO2 allowance limitation; b. Whether SO2 emissions data has been submitted to the Director in accordance with R18-2-1618(H) and other applicable guidance, for review, revision as necessary, and finalization for forwarding to the SO2 Allowance Tracking System for recording; c. Whether the monitoring plan that governs the WEB source has been maintained to reflect the actual operation and monitoring of the source, and contains all information necessary to attribute SO2 emissions to the source, in accordance with R18-2-1618(B); d. Whether all the SO2 emissions from the WEB source if applicable, were monitored or accounted for either through the applicable monitoring or through application of the appropriate missing data procedures; e. If applicable, whether any SO2 emitting unit for which the WEB source is not required to monitor in accordance with R18-2-1618(A)(1)(c) remained permanently retired and had no emissions for the period covered under the report; and f. Whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification. If there were any such changes, the report shall specify the nature, reason, and date of the change, the method to determine compliance status subsequent to the change, and specifically, the method to determine SO2 emissions. C. Penalties for a WEB source exceeding its allowance limitations. 1. Allowance deduction penalties. a. If SO2 emissions from a WEB source exceed the allowance limitation for a control period, as determined in accordance with R18-2-1622(A), the source’s allowances held in its compliance account shall be reduced by an amount equal to two times the source’s tons of excess emissions. b. If the compliance account does not have sufficient allowances allocated for that control period, the required number of allowances shall be deducted from the WEB source’s compliance account regardless of the control period for which they were allocated, once allowances are recorded in the account. c. Any allowance deduction required under this Section shall not affect the liability of the owners and operators of the WEB source for any fine, penalty or assessment or their obligation to comply with any other remedy for the act or acts that resulted in the deduction, for the same violation, as ordered under the Clean Air Act, implementing regulations or applicable state or tribal law. 2. The Director shall seek a financial penalty of $5,000 per ton of SO2 emissions in excess of the WEB source’s allowance limitation shall be levied. 3. WEB Source liability for non-compliance. Separate and regardless of any automatic penalties assessed for allowance deduction penalty and financial penalty, a WEB source that violates any requirement of this Rule, including monitoring, record keeping and reporting requirements, is subject to civil and criminal penalties under the state law and the Clean Air Act. Each day of the control period is a separate violation, and each ton of SO2 emissions in excess of a source’s allowance limitation is a separate violation. R18-2-1623. Special Penalty Provisions for the 2018 Milestone A. If the WEB Trading Program is triggered and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year. 1. All WEB sources shall register, and open a compliance account within 180 days after the Program Trigger Date, in accordance with R18-2-1615(A) and R18-2-1617. April 9, 2004 Page 1377 Volume 10, Issue 15 Arizona Administrative Register / Secretary of State Notices of Proposed Rulemaking 2. The Tracking System Administrator will record the allowances for the 2018 control period for each WEB source in the source’s compliance account once the Director allocates the 2018 allowances. 3. The allowance transfer deadline is midnight Pacific Standard Time on May 30, 2021. WEB sources may transfer allowances as provided in R18-2-1620(A) until the allowance transfer deadline. 4. A WEB source shall hold allowances allocated for 2018 including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO2 emissions for 2018. Emissions are determined using the pre-trigger monitoring provisions in R182-1611. 5. An allowance deduction penalty and financial penalty shall be assessed and levied in accordance with R18-21621(D), R18-2-1622(A)(4), and R18-2-1622(C), except that SO2 emissions shall be determined under subsection (A)(4). B. If the program has been triggered and provision R18-2-1623(A) is implemented, the provisions of R18-2-1623(C) shall apply for each year after the 2018 emission year until: 1. The first control period under the WEB trading program; or 2. The Director determined that the 2018 SO2 milestone has been met. C. If provision R18-2-1623(A) has been implemented, the following shall apply to each emissions year after the 2018 emissions year: 1. The Tracking System Administrator will record the allowances for the control period for the specific year for each WEB source in the source’s compliance account once the Director allocates the allowances. 2. The allowance transfer deadline is midnight Pacific Standard Time on March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the specific emissions year. WEB sources may transfer allowances as provided in R18-2-1620(A) until the allowance transfer deadline. 3. A WEB source shall hold allowances allocated for that specific emissions year, or any year after 2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO2 emissions for the specific emissions year. SO2 emissions are determined using the pre-trigger monitoring provisions in R18-2-1611. 4. An allowance deduction penalty and financial penalty shall be assessed and levied in accordance with R18-21621(D), R18-2-1622(A)(4) and R18-2-1622(C), except that SO2 emissions shall be determined under subsection (C)(3). NOTICE OF PROPOSED RULEMAKING TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 8. DEPARTMENT OF ENVIRONMENTAL QUALITY WASTE MANAGEMENT PREAMBLE 1. Sections Affected R18-8-260 R18-8-261 R18-8-263 R18-8-264 R18-8-265 R18-8-266 R18-8-268 R18-8-270 R18-8-271 Rulemaking Action Amend Amend Amend Amend Amend Amend Amend Amend Amend 2. The statutory authority for the rulemaking, including both the authorizing statutes (general) and the statutes the rules are implementing (specific): Authorizing statutes:A.R.S. §§ 41-1003 and 49-104 3. A list of all previous notices appearing in the Register addressing the proposed rulemaking: Notice of Rulemaking Docket Opening: 10 A.A.R.1399, April 9, 2004 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Denise L. McConaghy, Senior Environmental Engineer Implementing statute:A.R.S. § 49-922 Volume 10, Issue 15 Page 1378 April 9, 2004 PUBLIC NOTICE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC HEARING ON NOTICE OF PROPOSED RULEMAKING AND REVISION TO REGIONAL HAZE STATE IMPLEMENTATION PLAN FOR WESTERN BACKSTOP SO2 TRADING PROGRAM (WEB TRADING PROGRAM RULE) The Arizona Department of Environmental Quality (ADEQ) will hold a public hearing to receive comments on a proposed rule and the associated revision to the Regional Haze State Implementation Plan for the Western Backstop SO2 Trading Program (WEB Trading Program Rule). The proposed rule would implement federal regional haze requirements for applicable stationary sources to monitor and report sulfur dioxide (SO2) emissions to determine if the SO2 emission caps for the region have been exceeded, and establish the procedures for those sources to participate in a regional backstop trading program if SO2 emissions need to be reduced to comply with the caps. A public hearing will be held on May 17, 2004, 4:30 p.m., ADEQ, 1110 W. Washington Street, Room 250, Phoenix, Arizona. All interested parties will be given an opportunity at the public hearing to submit relevant comments, data, and views, orally and in writing. All written comments must be received at ADEQ by the close of the public hearing on May 17, 2004. ADEQ anticipates submitting the proposed rule and any comments received to the Governor=s Regulatory Review Council on May 24, 2004. All written comments should be addressed, faxed, or e-mailed to: Deborrah ACorky@ Martinkovic Air Quality Planning Section Arizona Department of Environmental Quality 1110 W. Washington Street Phoenix, AZ 85012-2905 FAX: (602) 771-2366 E-Mail: martinkovic.deborrah@ev.state.az.us A copy of the proposal rule will be available for review beginning March 19, 2004, at the following location as well as ADEQ’s Web site at http://www.adeq.state.az.us/function/laws/rules.html. Arizona Department of Environmental Quality First Floor Library 1110 W. Washington Street Phoenix, Arizona 85012 Lorraine Cona, (602) 771-4335 This page left intentionally blank. This page left intentionally blank. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Janet Napolitano Governor 1110 W. Washington Street • Phoenix, Arizona 85007 (602) 771-2300 • www.adeq.state.az.us Stephen A. Owens Director AGENDA Air Quality Division Rule and SIP Revision Public Hearing Western Backstop SO2 Trading Program (WEB Trading Program Rule) and Regional Haze State Implementation Plan Monday, May 17, 2004, 4:30 p.m. Room 250, Arizona Department of Environmental Quality 1110 West Washington Street, Phoenix, Arizona Pursuant to ARS § 49-425 for air quality rule hearings, notice is hereby given that the above referenced meeting is open to the public. 1. Welcome and Introductions 2. Purposes of the Oral Proceeding 3. Procedure for Making Public Comment 4. Brief Overview of the Proposed WEB Trading Program Rule and Related SIP Revision 5. Question and Answer Period 6. Oral Comment Period 7. Adjournment of Oral Proceeding Order of agenda items is subject to change. For additional information regarding the meeting, please call Corky Martinkovic, ADEQ Air Quality Division, at (602) 771-2372 or 1-800-234-5677, Ext. 771-2372. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting Katie Huebner at (602) 771-4794 or 1-800-234-5677, Ext. 4794. Requests should be made as early as possible to allow sufficient time to make the arrangements for the accommodation. This document is available in alternative formats by contacting ADEQ TDD phone number at (602) 771-4829. Northern Regional Office 1515 East Cedar Avenue • Suite F • Flagstaff, AZ 86004 (928) 779-0313 Southern Regional Office 400 West Congress Street • Suite 433 • Tucson, AZ 85701 (520) 628-6733 Printed on recycled paper This page left intentionally blank. This page left intentionally blank. TRANSCRIPT OF PUBLIC HEARING ARIZONA’S WEB TRADING PROGRAM RULE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Phoenix, Arizona May 17, 2004 4:35 p.m. 1 Western Backstop SO2 Trading Program (WEB Trading Program Rule) and 2 Revision to the 2003 Regional Haze State Implementation Plan 3 PROCEEDINGS 4 5 May 17, 2004 6 7 8 9 HEARING OFFICER MCCABE: Good afternoon, thank you for coming. I now open this oral proceeding on the proposed rule for the Western Backstop SO2 10 Trading Program, commonly referred to as the WEB Trading Program Rule, and the 11 related revision to the current Regional Haze State Implementation Plan. 12 It is now Monday, May 17, 2004, 4:35 p.m. The location is Room 250, 13 Arizona Department of Environmental Quality, Phoenix, Arizona. My name is Sean 14 McCabe and I have been appointed by the Director of the Arizona Department of 15 Environmental Quality to preside at this proceeding. 16 The purposes of this proceeding are to provide the public an opportunity to: 17 (1) hear about the substance of the proposed rule and related revision to the regional 18 haze state implementation plan or SIP, 19 (2) ask questions regarding the proposed rule and SIP revision, and 20 (3) present oral argument, data and views regarding the proposed rule and SIP revision 21 in the form of comments on the record. 22 23 Representing the Department are myself and Corky Martinkovic of the Air Quality Planning Section. 24 The proposed rule was released for public comment on March 19, 2004. The 25 notice appeared in the Arizona Republic, ADEQ’s website, and was published in the 26 Arizona Administrative Register. 1 1 The procedure for making a public comment on the record is straightforward. If 2 you wish to comment, you need to fill out a speaker slip, which is available at the sign- 3 in table, and give it to me. Using speaker slips allows everyone an opportunity to be 4 heard and allows us to match the name on the official record with the comments. 5 You may also submit written comments to me today. Please note, the 6 comment period for the proposed rule and SIP revision ends at the close of today’s 7 public hearing. 8 9 Comments made during the formal comment period are required by law to be considered by the Department in the preparation of the final state implementation plan. 10 This is done through the preparation of a responsiveness summary in which the 11 Department responds in writing to written and oral comments made during the formal 12 comment period. 13 14 15 The agenda for this hearing is simple. First, we will present a brief overview of the proposed state implementation plan. Next, I will conduct a question and answer period. The purpose of the question 16 and answer period is to provide information that may help you in making comments 17 on the proposed state implementation plan. 18 19 20 Thirdly, I will conduct the oral comment period. At that time, I will begin to call speakers in the order that I have received speaker slips. Please be aware that any comments you make at today's hearing that you want 21 the Department to formally consider must be given either in writing or on the record 22 during the oral comment period of this proceeding. 23 24 25 ***** At this time, Corky Martinkovic will give a brief overview of the proposed rule and related revision to the Regional Haze State Implementation Plan. 26 CORKY MARTINKOVIC: In 1999, EPA established the Regional Haze 27 Rule requiring States to develop plans to make reasonable progress toward the 2 1 national visibility goal established by Section 169 of the Clean Air Act. The 2 national goal for protecting visibility in federally protected national parks and 3 wilderness areas seeks to remedy existing visibility impairment and prevent 4 future visibility impairment in these federally protected areas. Arizona has 12 of 5 these federally protected areas known as mandatory federal Class I areas: 6 Grand Canyon National Park, Petrified National Park, Sycamore Canyon 7 Wilderness, Mt. Baldy Wilderness, Sierra Ancha Wilderness, Chiricahua 8 Wilderness, Chiricahua National Monument, Galiuro Wilderness, Mazatzal 9 Wilderness, Saguaro Wilderness, Superstition Wilderness, and Pine Mountain 10 11 Wilderness. Regional haze is a type of impairment caused by air pollutants emitted by 12 numerous sources across a broad region. One type of source found to be a 13 significant contributor to regional haze was stationary sources. Stationary 14 sources include, in the State of Arizona, utilities such as coal-fired power plants, 15 along with non-utilities such as copper smelters, chemical lime plants, pulp and 16 paper plants, and cement plants. While the Regional Haze Rule and Regional 17 Haze implementation plans address all sources of regional haze, the Regional 18 Haze Rule was revised to allow western States preparing a state implementation 19 plan, or SIP, under Section 309 of the Regional Haze Rule to participate in a 20 backstop market trading program for stationary sources emitting the pollutant 21 sulfur dioxide or SO2. 22 The SO2 Milestones and Backstop Trading Program developed under the 23 Annex to the Grand Canyon Visibility Transport Commission represents over 24 ten years of work by western states, tribes and numerous related stakeholders, 25 and was incorporated into the federal Regional Haze Rule in June of 2003. The 26 program satisfies one of the primary recommendations of the Grand Canyon 27 Visibility Transport Commission; namely, the establishment of a backstop 3 1 market trading program to address sulfur dioxide emissions from stationary 2 sources. The SO2 Milestones and Backstop Trading Program sets specific 3 milestones for the regional emissions of sulfur dioxide from stationary sources. 4 These milestones act as a regional cap that, if exceeded, triggers a backstop 5 trading program. Currently, five western States (Arizona, Utah, New Mexico, 6 Wyoming, and Oregon) have developed implementation plans that include the 7 SO2 Milestones and Backstop Trading Program for stationary sources emitting 8 100 tons or more of SO2 per year. 9 Each state developing a Regional Haze SIP containing the SO2 Milestones 10 and Backstop Trading Program must also develop a state-specific rule requiring 11 the applicable stationary sources to monitor and report SO2 emissions in order 12 to determine if an SO2 emission milestone has been exceeded, and establish the 13 procedures for applicable stationary sources to participate in a regional 14 backstop market trading program should an SO2 emission milestone be 15 exceeded. The public hearing today is for Arizona’s state-specific rule. The 16 hearing today is also serves as a SIP public hearing as Arizona, due to 17 regulatory time constraints, was unable to submit a final rule at the time of the 18 SIP’s submission to EPA in December of 2003. Upon final approval of the rule, 19 the effective rule will be included in the 2003 Regional Haze SIP as a SIP 20 revision, replacing the previously submitted draft rule. 21 22 HEARING OFFICER MCCABE: This concludes the explanation period of this proceeding on the proposed state implementation plan. 23 24 ***** 25 26 Are there any questions before we move to the oral comment period? 4 1 BILL SHEAFFER, USCCC: I do have one quick question. I know it is 2 automatic to submit the rule as a change to your SIP, but if it is a SIP hearing, 3 shouldn’t there be a notice? 4 5 6 7 CORKY MARTINKOVIC: The Arizona SIP is a rule hearing and SIP revision hearing. BILL SHEAFFER: Okay. I didn’t see the relationship. This applies specifically only to the stationary sources? 8 CORKY MARTINKOVIC: Yes. 9 BILL SHEAFFER: And not all the sources. 10 CORKY MARTINKOVIC. Correct. 11 BILL SHEAFFER: Would back up generators qualify as stationary sources? 12 CORKY MARTINKOVIC: If they emit 100 tons or more of sulfur dioxide. 13 14 Ira, would you think those sources would come into play in this program? IRA DOMSKY: Not with this particular program, but the permits that are 15 issued for facilities like copper smelters. They have a back up generator that would 16 then help them to improve emissions. The primary issue with them would be 17 particulates and oxides of nitrogen and sulfur dioxide. 18 19 BILL SHEAFFER: Further on that, what about the equipment operating that would be classified as off-road equipment? 20 CORKY MARTINKOVIC: No. 21 BILL SHEAFFER: This would still be mobile although it is operating? 22 CORKY MARTINKOVIC: No. This is not operating. 23 IRA DOMSKY: It would be included in the total for the mine for all of the 24 emissions as part of the activity that is taking place. On the facility, it is the business 25 of scalping, or monitoring. It would be covered under this particular program because 26 it applies to sources of sulfur dioxide. That’s not to say that there aren’t components 27 of the SIP that don’t deal with the whole range of sources that affect visibility. The 5 1 SIP covers all of them. It is just that it gets a little (?) as it is relative to all of the 2 sources. 3 MCCABE: Any more questions? 4 BILL SHEAFFER: Would you anticipate that this would lead to a market for 5 the reduction of SO2 or could good credits be traded for someone who reduces 6 emissions? 7 8 9 10 CORKY MARTINKOVIC: This is a backstop market program. So there will be a market share of (?) being exceeded. MCCABE: This concludes the question and answer period. ***** 11 I now open this proceeding for oral comments. 12 We have a speaker slip for Wayne Leipold. 13 WAYNE LEIPOLD: Good Afternoon. My name is Wayne Leipold. I am a 14 Chief Environmental Engineer at Phelps Dodge Miami Inc. Located at our Miami, 15 Arizona facility is a copper smelter which is directly affected by the proposed rule. 16 Although I submitted formal comments last week which were of an editorial nature, I 17 now wish to read two additional comments into the record. 18 The State Implementation Plan submitted to EPA last year contained provisions 19 for a series of sulfur dioxide emission milestones that must be 20 met between now and 2018. In addition there was a provision for a back stop 21 trading program. The proposed rule incorporates this provision. As an 22 affected entity, we would like to support the adoption of this rule. 23 Having just stated our endorsement of the rule, I would like to have the 24 record reflect our continuing objection to the provision in R18-2-1621.B 25 which prohibits banking of unused allowances by sources that do not use 26 Continuous Emission Monitors (CEMs) for determining their emissions. While 27 we agree that the rule should not allow these allowances to be sold, we 6 1 believe that a source which can not or elects not to measure its emissions 2 with CEMs should be allowed to bank its unused allowances for its own use 3 subject to the same flow controls as other unused allowances. This is 4 especially important for sources whose emissions vary from year to year. 5 Thank you. 6 SEAN MCCABE: This concludes the oral comment period of this proceeding. 7 ***** 8 9 10 If you have not already submitted written comments, you may submit them to 11 me at this time. The comment period for this proposed rule and SIP revision ends 12 with the close of this public hearing. 13 Thank you for attending. 14 The time is now 4:45 p.m.. I now close this oral proceeding. 7 Page 3 line 3. add SO2 between the and emissions or change the to those. Page 4 first line. Suggest rearrange to read “should the 2018 milestone be exceeded” Page 5. The table I believe represents the reductions if all 9 states and the 4 tribes are in the program. I think it should be identified as such as you talk about the 5 states that submitted SIPs as well as the whole region. Also suggest that the use of the word region in the third sentence of second paragraph should be followed by “consisted” not consists. The footnotes are scrambled in the pdf version. Also indents. Page 9. First line in Consumers and Public section, “propose” should be “proposed”. Page 13. B1. Why repeat “an Account Representative” B2. I think you can delete the “who is” in two places in this paragraph. Page 15. 24. Why is last sentence in this paragraph? It makes no sense. Also, the word after year should be “after”. Page 17. B2 is going to be hard to do as the EI has already or will soon be submitted so the rule will be requiring something in the past. What I suggest is that you add something that says if this rule requires information to be submitted that previously was not part of the EI submitted that it be submitted within 180 days. For example, the rule requires smelters to submit input sulfur which is not part of the EI. This information is currently being submitted in the case of Miami with our monthly report; I don’t know if ASARCO does this. Page18. B7. I am not sure I know what this means. (Rate and period) Page 20. F2. Because the source might have had some ancillary equipment capable of emitting SO2 such as emergency generators, hot water heaters, they should still be allowed to use them if the main source of their emissions (generating unit, smelter, etc) is retired. Page 25. E1 Suggest moving “between 2003 and the program trigger year” from its current location to the first line between “that” and “reduces”. Page 26. F2. Why don’t you have to include when the modified source started up? Paragraph b only says new sources. Page 27. 3.a & d. why not just say as in required in R18-2-1614(B)(2) and (C)(2) instead of all those extra words? Page 29. 1618 A.1. In first line, I think a comma should be added after the first usage of “WEB source”. Page 34. b.(near top of page) The sentence starting on 6th line of paragraph seems redundant. Page 37. d. This requirement applicable to flow monitors only doesn’t make sense. If you are using a flow monitor with a CEMs you need the area also. When do you only have a flow monitor? Page 42. C.2. To what does the “that” refer to in line 3 of the paragraph. Page 43. F.1. The word “within” should be inserted between “submitted” and “180 days”. Page 44. G.1. This paragraph doesn’t seem to jive with the 10 year requirement elsewhere in the rule. Page 50. a.ii. Why for SO2 are we referencing a NOx method? When I get back to the office I will look at the method and maybe it will be obvious. Page 52. B.1.a. I know we discussed this in the stakeholder meeting so I offer the following. Instead of a flat prohibition of different fuels, we should require a different predictive flow system for each fuel type. In other words if the source has three different fuel options, e.g. gas, coal, coal plus tires, then they should be able to adopt three different predictive models. I do not disagree with the concept of one model not being usable for more than one fuel type unless it can be shown that there is no difference; it may be that coal and coal with tires are identical. Page 57. 3a & b. Last sentence in a says do per b, but the words in b seem to be the same as those in a. Am I missing something? Page 59. C.1.a. This paragraph does not seem to read correctly. If a source’s allowances are less than its emissions, the source must use banked allowances or purchase allowances to make up the difference. There is no penalty for doing this. The only time there is a penalty is if they don’t make up the difference. The way “a” reads it violates the principle of the trading program. Page 60. 3.a. last sentence. Same comment as on page 59. My comments that I read yesterday at the hearing follow: Good Afternoon. My name is Wayne Leipold. I am a Chief Environmental Engineer at Phelps Dodge Miami Inc. Located at our Miami, Arizona facility is a copper smelter which is directly affected by the proposed rule. Although I submitted formal comments last week which were of an editorial nature, I now wish to read two additional comments into the record. The State Implementation Plan submitted to EPA last year contained provisions for a series of sulfur dioxide emission milestones that must be met between now and 2018. In addition there was a provision for a back stop trading program. The proposed rule incorporates this provision. As an affected entity, we would like to support the adoption of this rule. This page left intentionally blank. This page left intentionally blank. Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking NOTICES OF SUPPLEMENTAL PROPOSED RULEMAKING After an agency has filed a Notice of Proposed Rulemaking with the Secretary of State’s Office for Register publication and the agency decides to make substantial changes to the rule after it is proposed, the agency must prepare a Notice of Supplemental Proposed Rulemaking for submission to the Office, and the Secretary of State shall publish the Notice under the Administrative Procedure Act (A.R.S. § 41-1001 et seq.). Publication of the Notice of Supplemental Proposed Rulemaking shall appear in the Register before holding any oral proceedings (A.R.S. § 41-1022). NOTICE OF SUPPLEMENTAL PROPOSED RULEMAKING TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL PREAMBLE 1. Register citations and dates for Notice of Proposed Rulemaking: Notice of Rulemaking Docket Opening: 10 A.A.R. 217, January 9, 2004 Notice of Proposed Rulemaking: 10 A.A.R. 1353, April 9, 2004 2. Sections Affected R18-2-1610 R18-2-1611 R18-2-1612 R18-2-1613 3. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing statutes: A.R.S. §§ 49-104(A)(10) and 49-425 Rulemaking Action New Section New Section New Section New Section Implementing statutes: A.R.S. §§ 49-414 and 414.01 (S.B. 1064, effective August 27, 2004, transfers these sections from Title 49, Chapter 3, Article 1 to Title 49, Chapter 3, Article 2, and renumbers them as sections 49-458 and 49458.01, respectively.) 4. 5. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Deborrah “Corky” Martinkovic Address: ADEQ, Air Quality Planning Section 1110 W. Washington St. Phoenix, AZ 85007 Telephone: (602) 771-2372, or dial (800) 234-5677 and enter 771-2372 Fax: (602) 771-2366 E-mail: martinkovic.deborrah@azdeq.gov An explanation of the rule, including the agency’s reasons for initiating the rules: Summary. These rules implement federal regional haze requirements for the pre-trigger portion of the SO2 Milestones and Backstop Trading Program by requiring applicable stationary sources to monitor and report sulfur dioxide (SO2) emissions to allow Arizona Department of Environmental Quality (ADEQ) to determine if a regional SO2 emission milestone has been exceeded. The procedures for applicable stationary sources to participate in a regional backstop market trading program should any milestone be exceeded is outlined in the Model Rule and Model Rule Supplement incorporated by reference in the proposed rule. Background. Section 169A of the Clean Air Act (CAA) establishes a national goal for protecting visibility in federally-protected national parks and wilderness areas (“Class I areas;” See 40 CFR 81.403). The goal is to remedy existing visibility impairment and prevent future visibility impairment in these Class I areas. Regional haze is a type of visibility impairment caused by air pollutants emitted by numerous sources across a broad region. In 1999, EPA promulgated a Regional Haze Rule that requires development of state implementation plans (SIPs) that assure “reasonable progress” toward the national visibility goal (64 FR 35714, July 1, 1999). Volume 10, Issue 37 Page 3752 September 10, 2004 Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking The 1999 Regional Haze Rule (40 CFR 51.309) provided an optional approach for the nine western states that comprised the transport region analyzed by the Grand Canyon Visibility Transport Commission (GCVTC) during the 1990s, including Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming. Arizona, New Mexico, Utah, Oregon, and Wyoming have elected to comply with the Regional Haze Rule by submitting their first SIPs on December 31, 2003, based on the recommendations to improve visibility outlined in the GCVTC’s 1996 Report. This option is also available to eligible Indian Tribes within the geographical regional studied by the GCVTC. Indian Tribes have no deadline for submitting Tribal Implementation Plans (TIPs). One element of the GCVTC’s recommendations was a backstop regional trading program to reduce stationary source emissions of SO2. The GCVTC identified SO2 as causing one third of the visibility impairment on the Colorado Plateau, with the majority of those emissions coming from stationary sources. The recommendation called for the setting of a series of declining caps on SO2 emissions referred to as, “emissions milestones.” These milestones would provide sources incentive to reduce their SO2 emissions voluntarily through means most economical and feasible to them rather than the conventional command-and-control approach to achieve reductions. Implementation plan assessments of progress and identification of deficiencies are due in the years 2008, 2013, and 2018. The voluntary measures that achieve the milestones were approved by EPA because they must achieve greater reasonable progress than the application and operation of controls under best available retrofit technology (BART). If the voluntary measures do not succeed in reducing SO2 emissions over time, an enforceable market trading program would be triggered as a “backstop” to assure the reductions would be met. The Western Regional Air Partnership (WRAP), the successor organization to the GCVTC, authorized a regional work group consisting of affected states, tribes, and EPA regional offices to develop a “model” rule that each participating state would utilize as a standard to establish and operate the Western Backstop SO2 Trading Program (WEB Trading Program) should any of the milestones be exceeded. The Model Rule and Model Rule Supplement, adopted by the WRAP on August 13, 2003, and incorporated by reference in the proposed rule is available from WRAP at www.wrapair.org. The Model Rule and Model Rule Supplement are also available through ADEQ. Section R18-2-1610 defines terms used specifically in the proposed rule. Two terms that are used in this rule are not included in the definition section because they are already defined in R18-2-101. These terms are, “affected source” and “stationary source.” Section R18-2-1611 establishes which applicable stationary sources are required to participate in the pre-trigger requirements of the SO2 Milestones and Backstop Trading Program. R18-2-1612 satisfies the pre-trigger requirements of the Regional Haze Rule at 40 CFR 51.309(d)(4)(ii) and outlines the monitoring, reporting and recordkeeping requirements for the applicable stationary sources. Section R18-2-1613 covers the transition to the Western Backstop SO2 Trading Program (WEB Trading Program) upon the determination that a regional milestone was exceeded and the backstop trading program has been triggered. During this time it is essential that the applicable stationary sources continue the monitoring, reporting and recordkeeping requirements until the WEB Trading Program is fully implemented, even if an applicable stationary source no longer emits 100 tons per year of SO2. The Model Rule and Model Rule Supplement outline the specific post-trigger requirements for the affected stationary sources under the Western Backstop SO2 Trading Program (WEB Trading Program). The requirements include the responsibility to select an account representative, register for the program, receive an allocation of allowances (a type of tradable emissions credit), and establish an account to hold the allowances. The applicable stationary sources continue to monitor, report and maintain records to determine if they have sufficient annual allowances within their account. Penalties are set should a source fail to comply with the allowance limitation requirements of the program. The Model Rule and Model Rule Supplement also establish a procedure should the 2018 regional milestone be exceeded, and imposes a special penalty for 2018, and for any subsequent year regional SO2 emissions continue to exceed the 2018 milestone. Due to the need to establish the procedures for pre-trigger monitoring, recordkeeping and reporting as soon as possible as required under 40 CFR 51.309(d)(4)(ii), and to meet the requirements of the 2003 Arizona Regional Haze State Implementation Plan before December 31, 2004, ADEQ requests an immediate effective date as permissible under A.R.S. 41-1032 (A)(2) and 41-1032(A)(3). 6. An explanation of the substantial change which resulted in this supplemental notice: R18-2-1613 through R18-2-1623 of the original proposed rule have been replaced by material incorporated by reference in R18-2-1613. 7. A showing of good cause why the rules are necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The preliminary summary of the economic, small business, and consumer impact: A. Rule Identification and Summary This rulemaking comprises new Sections, R18-2-1610 through R18-2-1613. Rule Sections R18-2-1607, R18-2-1608, and R18-2-1609 are reserved. The Sections within Article 16 pertain to visibility and regional haze. Regional haze impairs visibility and is caused by air pollutants emitted by many sources across a region. The Clean Air Act (CAA) establishes a national goal to protect visibility in federally protected parks and wilderness areas, September 10, 2004 Page 3753 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking called federal Class I areas (40 CFR 81.403). Arizona has 12 federally-protected Class I areas. The region consisted of a nine-state area in the west. Currently, the states participating in the backstop market trading program consist of the states submitting regional haze state implementation plans (SIPs) under Section 309 of the federal Regional Haze Rule; namely, Arizona, New Mexico, Utah, Oregon, and Wyoming. The 211 Indian Tribes within the region can also participate in the program through the completion of a tribal implementation plan (TIP) or source-specific implementation plans. The CAA’s national goal is attained by improving existing visibility impairment and preventing future visibility impairment in federally mandated Class I areas. Arizona has 12 Class I areas. Visibility improvements are anticipated by establishing milestones for sulfur dioxide (SO2) reductions over time through voluntary reduction measures as opposed to command-and-control technologies. If the voluntary measures are unsuccessful, however, an enforceable market trading program will be established as a backstop to assure that the SO2 reductions can be achieved. The greatest reduction in SO2 emissions is expected to occur at during the last milestone, 2014 to 2018 (see Table below). By 2040, the regional goal for SO2 reductions is 52 percent from the 1990 level of 831,000 tons. Milestones 2003 2008 2013 2018 Cumulative 9 State Region Emission Reductions from 1990 (in tons of SO2) 111,000 116,000 176,000 321,000 This rule implements procedures for Arizona sources participating in the Western Backstop SO2 Trading Program, referred to as the WEB Trading Program, as required under the federal Regional Haze Rule (40 CFR 51.309). The rule will require stationary sources subject to this rulemaking to monitor and report SO2 emissions as a way to determine if SO2 emission milestones have been exceeded, and if so, require such sources to participate in the WEB Trading Program. Arizona’s SO2 emissions will be tracked annually along with other participating states and tribes, and analyzed in a regional milestone report submitted to EPA within a year after each milestone date. B. Entities Directly Affected Potential entities directly impacted by this rulemaking include Arizona stationary sources with actual SO2 emissions of 100 tons or more per year. These sources include: Five coal-fired power plants (utilities), two cement plants, two lime plants, one pulp and paper plant, and three smelters (including one smelter that has suspended operations). The latter eight sources are generally categorized as non-utilities. Other entities include air pollution control manufacturers and vendors; contractors; consultants; lawyers; Arizona Department of Environmental Quality (ADEQ) as the implementing agency; and private persons and consumers. Potential post-trigger sources include: BART-eligible sources (best available retrofit technology sources as defined in 40 CFR 51.301); other stationary sources not meeting the criteria set forth in R18-2-1611, with actual SO2 emissions of 100 tons or more per year in the trigger years or subsequent years; and other stationary sources regulated under Section 111 or 112 of the CAA (after August 7, 1980). C. Potential Costs and Benefits It should be noted that the analysis outlined here includes both the pre-trigger and post-trigger costs and benefits of the trading program. The post-trigger requirements of the program can be found in the Model Rule and Model Rule Supplement incorporated by reference in the proposed rulemaking. The Model Rule and Model Rule Supplement are available at the Western Regional Air Partnership (WRAP) at www.wrapair.org and at ADEQ. Before summarizing the preliminary costs and benefits of this rulemaking, it is necessary to discuss the nine-state region as a whole, as well as generalizations about Arizona sources impacted by this rulemaking. All dollar amounts represent 1997 dollars (as provided in the ICF study cited in section 7 of the preamble to this rule). Due to inflation, consumer prices have risen approximately 15 percent between 1997 and 2003. Likewise, one can expect capital investments and other compliance costs to also be higher now than in 1997. Compliance costs are expected to be lowest if all states and tribes participate in the trading program because this will result in the greatest gains from trading. For example, annual compliance costs for the region could be as much as $90 million less in 2018 under the trading option compared to states and tribes implementing command-and-control programs.1 Arizona is one state in which sources are expected to have greater compliance costs under command-andcontrol. Consequently, sources located in Arizona are expected to experience the greatest cost-saving benefits from participating in the trading program. This is due partially to expectations that Arizona will be a net buyer of trading allowances. Thus, because Arizona has opted to participate in the trading program, not only will the Arizona sources experience lower compliance costs, but so will the entire region. [1 Anticipated annual savings are the difference between the estimated costs for implementing command-and-control at $210 million vs. $120 million for all states and tribes participating in a full trading program. The amount of emissions reduction would be about the same under either program approach. The amount of actual cost savings could Volume 10, Issue 37 Page 3754 September 10, 2004 Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking change based on which and how many states and tribes elect to opt out of the trading program. See ICF Consulting Group, An Assessment of Critical Mass for the Regional SO2 Trading Program, prepared for Western Regional Air Partnership Market Trading Forum, September 27, 2002.] States in the nine-state region and 211 tribal areas may choose not to participate in the regional trading program and fulfill regional haze requirements by implementing command-and-control BART technology and satisfy Section 51.308 requirements of the federal Regional Haze Rule. States and tribes electing not to participate in the program, however, will make the regional program less flexible and increase compliance costs not only for themselves but for other program participants. Program flexibility means that sources can reduce SO2 emissions by installing pollution control equipment if that option represents a relatively lower cost alternative, or sources could purchase allowances if the market offers a less expensive means of reducing SO2 emissions. For example, allowances could be sold at a price to older sources that is lower than the cost per ton of SO2 emissions abatement for these sources. Regulatory Agencies ADEQ expects to be impacted minimally by its review of monitoring plans and reports from sources as well as its participation in the tracking system requirements, which will be managed and funded by an outside, regional administrator. The current number of ADEQ employees can be expected to handle the workload generated by this program. Regulated Community Owners and operators of applicable sources are required to monitor, report, and maintain records of their SO2 emissions during the pre-trigger stage of the program established by this rulemaking. These sources already monitor and report emissions under existing stationary source requirements, but may have some additional costs due to an increase in the record retention requirement from five years to ten years. The additional pre-trigger monitoring, reporting and recordkeeping requirements under the rule should have minimal impact. During this pre-trigger stage, owners and operators of sources can plan how they would reduce SO2 emissions according to their own time frames. The incorporation of a pre-trigger time period is vital to the sources by allowing them flexibility to plan and select the optimal compliance strategy. Under command-and-control, sources are much more restricted in developing compliance options. In contrast, a trading program allows increased flexibility for sources to plan how to comply with SO2 emissions caps and the best strategy for implementing compliance options. This preparation time can be viewed as the foundation for numerous cost-saving benefits to develop in the future. For example, sufficient time is needed to evaluate market conditions relating to demand and resource inputs. Additionally, a source may want to evaluate a variety of variables and options, such as emission variations, production costs, competition, economic profit, expansion capabilities, retrofit possibilities, investments in new technologies, etc. The pre-trigger time provides sources with a mechanism to successfully implement plans with a potential for significant cost-saving benefits. Should the regional SO2 emissions cap be exceeded, stationary sources would have an alternative means of reducing SO2 emissions through tradable allowances, as opposed to having pollution control equipment installed under command-and-control. The regulated community would register for the trading program, select an account representative, and subsequently receive allowances in their compliance accounts. Monitoring would continue to determine if sources have sufficient annual allowances in their respective accounts to operate. Compliance costs could include fuel costs, annualized capital investments, and operation and maintenance expenditures. Some of the expenditures could include investments in new capacity. According to ICF Consulting Group,2 Arizona’s owners and operators of affected sources would experience annual incremental compliance costs by 2013 of $25 million if participating in the trading program or $37 million if complying through command-and-control. By 2018, annual compliance costs for owners and operators of Arizona’s sources are expected to be $25 million for participating in the trading program and $40 million for command-and-control. [2 An Assessment of Critical Mass for the Regional SO2 Program, ICF Consulting Group, 2002.] It is anticipated that Arizona will have more total SO2 emissions from its affected sources than its emissions budget (i.e., a negative net allowance budget). Because approximately one third of the SO2 emission reductions from participating states will come from Arizona sources, Arizona would be a net buyer of trading allowances from out-of-state suppliers. Estimated allowances needed are expected to be in the range of 10,000 to 20,000 tons of SO2, not including any intrastate trades. Based on an estimated allowance price of $1,100 to $2,100 per ton of SO2, Arizona’s sources may have to expend between $11 million to $42 million to purchase allowances from Indian tribes or sources in other states.3 Arizona sources could use allowances to avoid some of the high costs of investing in pollution control equipment. [3 Costs per ton are dependent upon several factors, such as transaction costs, market power, risk, and market inefficiencies. Owners and operators of sources participating in the trading program will incur additional compliance costs due to administrative burdens. These costs fall under post-trigger monitoring, recordkeeping, and reporting requirements, and include the preparation of monitoring plans and compliance certification reports. These costs are expected to be minimal in comparison to costs that would be incurred under a straight common-and-control program. Additionally, September 10, 2004 Page 3755 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking owners and operators of sources out of compliance will incur penalties in the form of allowance deductions and assessments of $5,000 per ton per violation. Other civil and criminal penalties also could be assessed. Consumers and Public ADEQ anticipates that reductions in SO2 through implementation of this rule will generate benefits for the public at large. These benefits include improvement in visibility, human health, and a possible decrease in acid rain deposition.4 Air quality changes are expected to improve visibility in national parks and wilderness areas, as well as other areas within the transport region. Potential human health benefits are expected to accrue because SO2 emissions can aggravate asthma. Reductions in SO2 emissions could also avert or reduce acute illnesses or ailments (e.g., shortness of breath, chest tightness, or wheezing). Health gains also could include reduced hospital admissions for respiratory and cardiovascular problems. Avoidance of premature deaths is also a likely possibility. [4 U.S. EPA and National Park Service, 2018 Milestone Reductions Benefits Assessment, August 11, 2000.] Sources may pass on increased compliance costs to consumers. Thus, increases in production costs may be reflected in higher prices for goods. Even though the health and welfare benefits are for the most part unquantifiable, it is believed that probable economic benefits will exceed probable costs of this rulemaking, particularly because the compliance costs of a trading program are less than those of a command-and-control emissions reduction program. D. Potential Impacts to Small Businesses A variety of methods are available to reduce the impact of a rulemaking on small businesses. A.R.S. § 41-1035 prescribes five methods for reducing the impact. These methods include establishing less stringent compliance or reporting requirements, less stringent schedules or deadlines for compliance or reporting requirements, simplified reporting requirements, replacing design or operational standards with performance requirements, or exempting small businesses from some or all rule requirements. None of these methods, however, are feasible or fall within the requirements of this rulemaking. Furthermore, applicable sources are expected to be large sources and not classified as small businesses. Sources undergoing modifications that could produce actual SO2 emissions of 100 tons or more per year would become applicable sources. Potentially, some of these sources could be classified as small businesses. 9. The name and address of agency personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: David Lillie Address: ADEQ, Air Quality Planning Section 1110 W. Washington St. Phoenix, AZ 85007 Telephone: (602) 771-4461, or dial 800-234-5677 and enter 771-4461 Fax: (602) 771-2366 E-mail: lillie.david@azdeq.gov 10. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rule or, if no proceeding is scheduled, where, when and how persons may request an oral proceeding on the proposed rule. Date/Time: Wednesday, October 13, 2004, 4:30 p.m. Location: Room 250, ADEQ, 1110 West Washington Street, Phoenix, Arizona 11. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: Not applicable 12. Incorporations by reference and their location in the rule: Incorporations by reference Location Model Rule and Model Rule Supplement Western Regional Air Partnership at www.wrapair.org and ADEQ 13. The full text of the rules follows: TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL ARTICLE 16. VISIBILITY; REGIONAL HAZE Section R18-2-1610. SO2 Milestones and Backstop Trading Program; Definitions Volume 10, Issue 37 Page 3756 September 10, 2004 Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking R18-2-1611. R18-2-1612. R18-2-1613. Applicability Pre-trigger Monitoring, Recordkeeping and Reporting WEB Trading Program Trigger ARTICLE 16. VISIBILITY; REGIONAL HAZE R18-2-1610. SO2 Milestones and Backstop Trading Program; Definitions A. This rule implements the pre-trigger provisions of the SO2 Milestones and Backstop Trading Program required under 40 CFR 51.309(d)(4)(ii). Nothing in this Article waives any requirement otherwise in effect or subsequently required under any other law, including rules governing new sources. B. When used in this Article: 1. “Actual SO2 Emissions” means total annual sulfur dioxide emissions determined according to R18-2-1611. 2. “Fugitive emissions” means those emissions that cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 3. “Milestone” means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018 as provided in 40 CFR 51.309(f)(1)(i). 4. “Western Backstop SO2 Trading Program or WEB Trading Program” means the program implemented under R18-21613. R18-2-1611. Applicability A. All BART-eligible sources as defined in 40 CFR 51.303 that are BART-eligible due to SO2 emissions. B. All stationary sources that have actual SO2 emissions of 100 tons or more per year are subject to the requirements of this Section. C. When determining actual SO2 emissions in subsection (B), the fugitive emissions of a stationary source shall not be included unless the source belongs to one of the following categories of stationary sources: 1. Coal cleaning plants (with thermal dryers); 2. Kraft pulp mills; 3. Portland cement plants; 4. Primary zinc smelters; 5. Iron and steel mills; 6. Primary aluminum ore reduction plants; 7. Primary copper smelters; 8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 9. Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. Lime plants; 12. Phosphate rock processing plants; 13. Coke oven batteries; 14. Sulfur recovery plants; 15. Carbon black plants (furnace process); 16. Primary lead smelters; 17. Fuel conversion plants; 18. Sintering plants; 19. Secondary metal production plants; 20. Chemical process plants; 21. Fossil-fuel boilers or combination of boilers totaling more than 250 million British thermal units per hour heat input; 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 23. Taconite ore processing plants; 24. Glass fiber processing plants; 25. Charcoal production plants; 26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or 27. Any other stationary source category, which as of August 7, 1980 is regulated under Section 111 or 112 of the Act. R18-2-1612. Pre-trigger Monitoring, Recordkeeping and Recording A. All stationary sources meeting the criteria of R18-2-1611, for the period defined in subsection (B) shall: 1. Comply with applicable monitoring, recordkeeping and reporting requirements in R18-2-304, R18-2-306, R18-2327, and R18-2-715.01; 2. Submit to the Director an annual inventory of SO2 emissions, beginning with the 2003 emission inventory; 3. Submit to the Director, if the stationary source is a smelter, an annual report of sulfur input in tons per year with the submission of the annual emissions inventory; 4. Utilize appropriate emission factors and estimating methodology, and document the emissions monitoring or estimation methodology used; September 10, 2004 Page 3757 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State Notices of Supplemental Proposed Rulemaking 5. 6. 7. Include SO2 emissions from start up, shut down, and upset conditions in the annual total inventory; Utilize, if an affected source, methods from 40 CFR Part 75 to measure and calculate SO2 emissions; Maintain records that include the rate and period of SO2 emissions, the specific installation that is the source of the SO2 emissions, type and efficiency of the air pollution control equipment, and other information necessary to quantify operation and emissions, and to evaluate pollution control; 8. Retain records required under this Section for a minimum of 10 years from the date of record creation, or if the record was the basis for an adjustment to a milestone under 40 CFR 51.309(h)(1), 5 years from the date of a state implementation plan revision, whichever is longer. B. Duration and Termination of Pre-trigger Requirements. Any stationary source that meets the criteria of R18-2-1611 at any time after the effective date of this Article shall continue to comply with R18-2-1612 even if the source no longer has actual SO2 emissions of 100 tons per year or more until either: a. The WEB Trading Program is triggered under R18-2-1613; and b. The Director and affected sources fully comply with the requirements of the WEB Trading Program; or c. The Director determines under 40 CFR 51.309(h)(3) that the regional SO2 2018 milestone was achieved. R18-2-1613. Western Backstop SO2 Trading Program Trigger The requirements of the WEB Trading Program contained in the Model Rule and Model Rule Supplement as adopted August 13, 2003 (and no later amendments or editions) by the Western Regional Air Partnership (WRAP), are incorporated by reference and available through the Western Regional Air Partnership at www.wrapair.org, and the Director. The requirements shall apply beginning on the date the Director determines the program has been triggered according to 40 CFR 51.309(h)(1) and 51.309(h)(3). Volume 10, Issue 37 Page 3758 September 10, 2004 This page left intentionally blank. Western Backstop SO2 Trading Program Model Rule August 13, 2003 (Final Draft) The Model Rule is available through the Western Regional Air Partnership (WRAP) at www.wrapair.org This Model Rule was developed through a broad stakeholder process of the WRAP as a template to facilitate consistent, multi-jurisdictional implementation of the SO2 Milestones and Backstop Trading Program Section 309 of the Regional Haze Rule. [The following document is a model rule to implement regional SO2 milestones and a backstop trading program in accordance with section 309 of the regional haze rule. The regional haze rule establishes the mandatory requirements that must be met by a state implementation plan and establishes provisions that potentially may be used in a tribal implementation plan. This model rule was developed through the broad stakeholder process of the WRAP as a template to facilitate consistent, multi- jurisdictional implementation of section 309. The template does not establish the only acceptable way to implement section 309, but it does have the benefit of extensive review and discussion by the many stakeholders involved in the WRAP process, including EPA review and comment. A state or tribe that develops alternate language will need to demonstrate to the other participating states and tribes and EPA that their plan and accompanying rules will respect the sovereignty of other participating states and tribes; satisfies the regional haze rule; be enforceable; be consistent with the emissions and allowance tracking provisions and trading provisions in implementation plans developed by other participating states and tribes; and be administratively practicable.] Western Backstop SO2 Trading Program Model Rule August 13, 2003 (final draft) [Note: This Model Rule covers only the post-trigger phase of the Western Backstop SO2 Trading Program (“WEB Trading Program”). The Model SIP/TIP covers both the pre-trigger and posttrigger phases of the program, and is known as the SO2 Milestones and Backstop Trading Program. The Model SIP/TIP and the Model Rule should be reviewed together in order to fully understand the complete WEB Trading Program. As each participating 309 State develops its state’s rule, care should be taken to include or reference any local or delegated authority that may have responsibilities under the state’s rule (most notably – local governmental units with Title V permitting authority). Delegation agreements should be examined for any relevant revisions necessary to assure the program is conducted as the rule specifies.] A. Purpose 1. This Rule implements the Western Backstop SO2 Trading Program (“WEB Trading Program”) provisions required under the federal Regional Haze Rule, 40 CFR 51.309, and [state or tribe]’s Regional Haze Implementation Plan. 2. Nothing in this Rule waives any requirement otherwise in effect or subsequently required under another program, including Rules governing new sources. B. Definitions The definitions in this part apply only to this Rule: Account Certificate of Representation means the completed and signed submission required to designate an Account Representative for a WEB source or an Account Representative for a general account. 1 Account Representative means the individual who is authorized through an Account Certificate of Representation to represent owners and operators of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through an Account Certificate of Representation to represent the persons having an ownership interest in allowances in the general account with regard to matters concerning the general account. Act means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. Actual Emissions means total annual sulfur dioxide emissions determined in accordance with Section I of this Rule, or determined in accordance with [refer to state or tribal inventory rule] for sources that are not subject to Section I of this Rule. Allocate means to assign allowances to a WEB source through section C1 of the Implementation Plan. Allowance means the limited authorization under the WEB Trading Program to emit one ton of SO2 during a specified control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by this Rule. Allowance limitation means the tonnage of SO2 emissions authorized by the allowances available for compliance deduction for a WEB source for a control period under Section L1 of this Rule on the allowance transfer deadline for that control period. Allowance Tracking System means the system developed by [state or tribe] where allowances under the WEB Trading Program are recorded, held, transferred and deducted. Allowance Tracking System account means an account in the Allowance Tracking System established for purposes of recording, holding, transferring, and deducting allowances. Allowance transfer deadline means the deadline established in Section J.2 of the Model Rule when allowances must be submitted for recording in a WEB source’s compliance account in order to demonstrate compliance for that control period. Compliance account means an account established in the Allowance Tracking System under Section H1 of this Rule for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation. Compliance certification means a submission to [state or tribe] by the Account Representative as required under Section L2 of this Rule to report a WEB source’s compliance or noncompliance with this Rule. Control period means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive. 2 Emissions tracking database means the central database where SO2 emissions for WEB sources as recorded and reported in accordance with this Rule are tracked to determine compliance with allowance limitations. Emission unit means any part of a stationary source that emits or wo uld have the potential to emit any pollutant submitted to regulations under the Clean Air Act. Existing source means, a stationary source that commenced operation before the Program Trigger Date. Fugitive emissions are those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. General account means an account established in the Allowance Tracking System under Section H of this Rule for the purpose of recording allowances held by a person that are not to be used to show compliance with an allowance limitation. Milestone means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in Section A of the SO2 Milestones and Backstop Trading Program Implementation Plan. New WEB Source means a WEB source that commenced operation on or after the Program Trigger Date. New Source Set-aside means a pool of allowances that are available for allocation to new sources in accordance with the provisions of Section C1.3 of the SO2 Milestones and Backstop Trading Program Implementation Plan. Owner or operator means any person who is an owner or who operates, controls or supervises a WEB source, and includes but is not be limited to any holding company, utility system or plant manager. Potential to emit means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation is enforceable by the EPA Administrator. Program trigger date means the date that [state or tribe] determines that the WEB Trading Program has been triggered in accordance with the provisions of Section A2 of the SO2 Milestones and Backstop Trading Program Implementation Plan. Program trigger years means the years shown in Table 1, column 3, of the SO2 Milestones and Backstop Trading Program Implementation Plan for the applicable milestone if the WEB Trading Program is triggered as described in Section A of the SO2 Milestones and Backstop Trading Program Implementation Plan. 3 Renewable Energy Resource means a resource that generates electricity by non- nuclear and non- fossil technologies that results in low or no air emissions. The term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new lowimpact hydropower that meets the Low-Impact Hydropower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped storage or biomass from municipal solid waste, black liquor, or treated wood. Retired source means a WEB source that has received a retired source exemption as provided in Section D3 of this Rule. Any retired source resuming operations under D3(d) of this Rule, must submit its exemption as part of its registration materials. Serial number means, when referring to allowances, the unique identification number assigned to each allowance by the Tracking Systems Administrator, in accordance with Section G2. SO2 emitting unit means any equipment that is located at a WEB source and that emits SO2 . Stationary source means any building, structure, facility or installation that emits or may emit any air pollutant subject to regulation under the Clean Air Act. Submit means sent to the appropriate authority under the signature of the Account Representative. For purposes of determining when something is submitted, an official U.S. Postal Service postmark, or equivalent electronic time stamp, shall establish the date of submittal. Ton means 2000 pounds and, for any control period, any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as zero tons. Tracking System Administrator means the person designated by [state or tribe] as the administrator of the Allowance Tracking System and the emission tracking database. WEB source means a stationary source that meets the applicability requirements of Section D of this Rule. Western Backstop SO2 Trading Program (“WEB Trading Program”) refers to this Rule, triggered as a backstop in accordance with the provisions in the SO2 Milestones and Backstop Trading Program Implementation Plan, if necessary, to ensure that regional SO2 emissions are reduced. C. WEB Trading Program Trigger 1. Except as provided in C2, this Rule shall become effective on the program trigger date that is established in accordance with the procedures outlined in the SO2 Milestones and Backstop Trading Program Implementation Plan. 4 2. Section M of this Rule, Special Penalty Provisions for Year 2018, shall become effective on January 1, 2018 and shall remain effective until the provisions of section M have been fully implemented. D. WEB Trading Program Applicability 1. General Applicability This Rule applies to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same industrial grouping, and that are described in paragraphs (a) through (d) of this subsection. A stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. The following are WEB sources: (a) All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to SO2 emissions. (b) All stationary sources not meeting the criteria of D1(a) of this Rule that have actual SO2 emissions of 100 tons or more per year in the Program Trigger Years or any subsequent year. The fugitive emissions of a stationary source shall not be considered in determining whether it is a WEB source unless the source belongs to one of the following categories of stationary source: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; 5 (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil- fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil- fuel- fired steam electric plants of more than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source category, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act. (c) A new source that begins operation after the Program Trigger Date and has the potential to emit 100 tons or more of SO2 per year. (d) [State or tribe] may determine on a case-by-case basis, with concurrence from the EPA Administrator, that a source defined in D1(b) is not a WEB source if the source: (1) In each of the previous five years had actual SO2 emissions of less than 100 tons per year, and (2) Had actual SO2 emissions of 100 tons or more in a single year due to a temporary emission increase that was caused by a sudden, infrequent and not reasonably preventable failure of air pollution control equipment, failure of process equipment, or a failure to operate in a normal or usual manner; (3)Took timely and reasonable action to minimize the temporary emission increase; and (4) Has corrected the failure of air pollution control equipment, process equipment, or process by the time of the [state or tribe]’s determination under this section; or (5) Had to switch fuels or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusual circumstances besides cost of such fuels or feedstocks. (6) A temporary emission increase due to poor maintenance or careless operation does not meet the criteria of this section. 2. Duration of Program Participation 6 Except as provided for in Section D3 of this Rule, once a source is subject to the WEB Trading Program, it will remain in the program every year thereafter. 3. Retired Source Exemption (a) Application Any WEB that is retired shall apply for a retired source exemption. The WEB source may only be considered retired if all SO2 emitting units at the source are retired. The application shall contain the following information: (1) Identification of the WEB source, including plant name andan appropriate identification code in a format specified by the [state or tribe]. (2) Name of Account Representative. (3) Description of the status of the WEB source, including the date that the WEB source was retired. (4) Signed certification that the WEB source is . retired and will comply with the requirements of Section D3 of this Rule. (5) Verification that the WEB source has a general account where any unused allowances or future allocations will be recorded. (b) Notice The retired source exemption becomes effective when [state or tribe] notifies the source that the retired source exemption has been granted. [For example, state or tribe could include a provision requiring the permitting authority to notify the source.] (c) Responsibilities of Retired Sources: (1) A retired source shall be exempt from Sections I and L of this Rule, except as provided below. (2) A retired source shall not emit any SO2 after the date the retired source exemption is effective. (3) A source shall submit SO2 emissions reports, as required by Section I8 of this Rule for any time period the source was operating prior to the effective date of the retired source exemption. The retired source shall be subject to the compliance provisions of Section L of this Rule, including the requirement to hold allowances in the source’s compliance account to cover all SO2 emissions prior to the date the source was permanently retired. 7 (4) A retired source that is still in existence but no longer emitting SO2 shall, for a period of five years from the date the records are created, retain records demonstrating the effective date of the retired source exemption for purposes of this Rule. (d) Resumption of Operations (1) Should a retired source desire to resume operation, the retired source must submit registration materials as follows: (i) If the source is required to obtain a new source review permit or operating permit under [refer to applicable permitting Rules] prior to resuming operation, then registration information as described in Section F1 of this Rule and a copy of the retired source exemption must be submitted with the application required under [refer to applicable permitting Rules]; (ii) If the source is not required to obtain a new source review permit or operating permit under [refer to applicable permitting Rules] prior to resuming operation, then registration information as described in Section F1 of this Rule and a copy of the retired source exemption must be submitted to [state or tribe] at least ninety days prior to resumption of operation. (2) The retired source exemption shall automatically expire on the day the source resumes operation. (e) Loss of Future Allowances A WEB source that is retired and that does not apply to [state or tribe] for a retired source exemption within ninety days of the date that the source is retired shall forfeit any unused and future allowances. The abandoned allowances shall be retired by the Tracking System Administrator. Note: This is not intended to be a punitive action, but a method to correct the number of allowances being tracked by the state. [State or tribe] will need to establish due process procedures for forfeiting these “abandoned” allowances in a manner that is consistent with the administrative procedures process. This provision is intended to address sources that go out of business, leave no forwarding address, and truly abandon their allowances. It is assumed that [state or tribe] will have a process to notify sources that their allowances may be forfeited so this provision does not lead to forfeiture just because the deadline was missed. E. Account Representative for WEB Sources 8 Each WEB source must identify one Account Representative and may also identify an alternate Account Representative who may act on behalf of the Account Representative. Any representation, action, inaction or submission by the alternate Account Representative will be deemed to be a representation, action, inaction or submission by the Account Representative. 1. Identification and Certification of an Account Representative. (a) The Account Representative and any Alternate Account Representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the Account Representative and any alternate binding on the owners and operators of the WEB source. (b) The Account Representative shall submit to [state or tribe] and the Tracking System Administrator a signed and dated Account Certificate of Representation (Certificate) that contains the following elements: (1) Identification of the WEB source by plant name, state and an appropriate identification code in a format specified by the [state or tribe]; (2) The name, address, e- mail (if available), telephone and facsimile number of the Account Representative and any alternate; (3) A list of owners and operators of the WEB source; (4) Information to be part of the emission tracking system database in accordance with the Implementation Plan. The specific data elements shall be as specified by the [state or tribe] to be consistent with the data system structure, and may include basic facility information that may appear in other reports and notices submitted by the WEB source, such as county location, industrial classification codes, and similar general facility information. (5) The following certification statement: “I certify that I was selected as the Account Representative or alternate Account Representative, as applicable, by an agreement binding on the owners and operators of the WEB source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of the owners and operators of the WEB source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the [state or tribe] regarding the WEB Trading Program.” (c) Upon receipt by the [state or tribe] of the complete Certificate, the Account Representative and any alternate Account Representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaining to the WEB Trading Program. The owners 9 and operators shall be bound by any decision or order issued by [state or tribe] regarding the WEB Trading Program. (d) No WEB Allowance Tracking System account shall be established for the WEB source until the Tracking System Administrator has received a complete Certificate. Once the account is established, the Account Representative shall make all submissions concerning the account, including the deduction or trans fer of allowances. 2. Requirements and Responsibilities (a) The responsibilities of the Account Representative include, but are not limited to, the transferring of allowances, and the submission of monitoring plans, registrations, certification applications, SO2 emissions data and compliance reports as required by this Rule, and representing the source in all matters pertaining to the WEB Trading Program. (b) Each submission under this program shall be signed and certified by the Account Representative for the WEB source. Each submission shall include the following truth and accuracy certification statement by the Account Representative: “I am authorized to make this submission on behalf of the owners and operators of the WEB source for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.” 3. Changing the Account Representative or Owners and Operators (a) Changes to the Account Representative or the alternate Account Representative The Account Representative or alternate Account Representative may be changed at any time by sending a complete superseding Certificate to the [state or tribe] and the Tracking System Administrator under Section E1(c) of this Rule, with the change taking effect upon receipt of such Certificate by the [state or tribe]. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous Account Representative or alternate prior to the time and date when the Tracking System Administrator receives the superseding Certificate shall be binding on the new Account Representative and the owners and operators of the WEB source. (b) Changes in Owners and Operators (1) Within thirty days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the Account Representative shall 10 submit a revised Certificate amending the list of owners and operators to include such change. (2) In the event a new owner or operator of a WEB source is not included in the list of owners and operators submitted in the Certificate, such new owner or operator shall be deemed to be subject to and bound by the Certificate, the representations, actions, inactions, and submissions of the Account Representative of the WEB source, and the decisions, orders, actions, and inactions of [state or tribe] as if the new owner or operator were included in such list. F. Registration 1. Deadlines (a) Each source that is a WEB source on or before the Program Trigger Date shall register by submitting the initial Certificate required in Section E1 of this Rule to the [state or tribe] no later than 180 days after the Program Trigger Date. (b) Any existing source that becomes a WEB source after the Program Trigger Date shall register by submitting the initial Certificate required in Section E1 of this Rule to the [state or tribe] by September 30 of the year following the inventory year in which the source exceeded the emission threshold. (c) Any new WEB source shall register by submitting the initial Certificate required in Section E1 of this Rule to the [state or tribe] prior to the commencement of operation. 2. Integration into Permits (a) Any allocation, transfer or deduction of allowance to or from the compliance account of a WEB source shall not require revision of the WEB source’s operating permit. (b) Any WEB source that is not required to have a permit under [state or tribe’s New Source Review Rule] at any time after this Rule becomes effective must at all times possess a permit tha t includes the requirements of [state or tribe’s market trading rule]. If it does not possess a Title V permit under [state or tribe’s Title V rule], it may do so by obtaining or modifying a permit under [state or tribe’s New Source Review Rule] to incorporate the requirements of [state or tribe’s market trading rule]. The source must at all times possess a permit that includes these requirements. G. Allowance Allocations 1. The Tracking System Administrator will record the allowances for each WEB source in the compliance account for a WEB source once the allowances are allocated by the [state or tribe] under Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan. If applicable, the Tracking System Administrator will record a portion of the SO2 allowances for a 11 WEB source in a special reserve account assigned to the [state or tribe] to account for any allowances to be held by the [state or tribe] in accordance with Section I1(b) of this Rule. 2. The Tracking System Administrator will assign a serial number to each allowance in accordance with Section C2 of the SO2 Milestones and Backstop Trading Program Implementation Plan. 3. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater. 4. An allowance is not a property right, and is a limited authorization to emit one ton of SO2 valid only for the purpose of meeting the requirements of this Rule. No provision of this WEB Trading Program or other law should be construed to limit the authority of the United States or [state or tribe] to terminate or limit such authorization. 5. Early Reduction Bonus Allocation. Any WEB source that reduces permitted annual SO2 emissions to a level that is below the floor level allocation established for that source in Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan between 2003 and the program trigger year may apply to [state or tribe] for an early reduction bonus allocation. The application must be submitted no later than ninety days after the Program Trigger Date. Any WEB source that applies and receives early reduction bonus allocations must retain the records referenced below for a minimum of five years after the early reduction bonus allowance is certified in accordance with Section C1.1(a)(3) of the Implementation Plan. The application for an early reduction bonus allocation must contain the following information: (a) Copies of all permits or other enforceable documents that include annual SO2 emissions limits for the WEB source during the period the WEB source was generating the early reductions. Such permits or enforceable documents require monitoring for SO2 emissions that meets the requirements in Sections I1(a) and I1(c) of this Rule. Note: the early reduction bonus allocation needs to address sources that are not using Part 75 equipment monitoring. (b) Copies of emissions monitoring reports, for the period the WEB source was generating the early reductions, that documents the actual annual SO2 emissions and demonstrates that the actual annual SO2 emissions were below the floor level allocation established for that source in Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan. (c) Demonstration that the floor level established for the source in accordance with Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan was calculated using data that are consistent with the new monitoring methodology. If 12 new monitoring techniques will change the floor level for the source, then a demonstration of the new floor level based on new monitoring techniques should be included in the application. 6. Request for allowances for new WEB sources or modified WEB Sources. (a) A new WEB source or an existing WEB source that has increased production capacity through a permitted change in operations [refer to state or tribal NSR Rules] may apply to [state or tribe] for an allocation from the new source set-aside, as outlined in Section C1.3 of the Implementation Plan. (1) A new WEB source is eligible to apply for an annual allocation equal to the permitted annual SO2 emission limit for that source after the source has commenced operation. (2) An existing WEB source is eligible to apply for an annual allocation equal to the permitted annual SO2 emission limit for that source that is attributable to any amount of production capacity that is greater than the permitted production capacity for that source as of January 1, 2003. (3) A source that has received a retired source exemption under Section D3 of this Rule is not eligible to apply for an allocation from the new source set-aside. (b) The application for an allocation from the new source set-aside must contain the following information: (1) Demonstration that shows the permitted production capacity of the source before and after the new permit; (2) For new WEB sources, documentation of the actual date of the commencement of operation and a copy of the permit. H. Establishment of Accounts 1. Allowance Tracking System Accounts All WEB sources are required to open a compliance account. Any person may open a general account for holding and transferring allowances. To open either type of account, an application that contains the following information shall be submitted: (a) The name, mailing address, e- mail address, telephone number, facsimile number of the Account Representative. For a compliance account, include a copy of the Account Certificate of Representation of the Account Representative and any alternate as required in Section E1(b) of this Rule. For a general account, include the Account Certificate of Representatio n of the Account Representative and any alternate as required in Section H3(b) of the Rule. 13 (b) The WEB source or organization name; (c) The type of account to be opened; and (d) A signed certification of truth and accuracy by the Account Representative according to Section E2(b) of this Rule for compliance accounts and for general accounts, certification of truth and accuracy by the Account Representative according to Section H4 of this Rule. 2. Account Representative for General Accounts For a general account, one Account Representative must be identified and an alternate Account Representative may be identified and may act on behalf of the Account Representative. Any representation, action, inaction or submission by the alternate Account Representative will be deemed to be a representation, action, inaction or submission by the Account Representative. 3. Identification and Certification of an Account Representative for General Accounts (a) The Account Representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the Account Representative binding on all persons who have an ownership interest with respect to allowances held in the general account. (b) The Account Representative shall submit to [state or tribe] and the Tracking System Administrator a signed and dated Account Certificate of Representation (Certificate) that contains the following elements: (1) The name, address, e- mail (if available), telephone and facsimile number of the Account Representative and any alternate; (2) The organization name; (3) The following certification statement: “I certify that I was selected as the Account Representative or alternate Account Representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowances in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the [state or tribe] regarding the general account.” 14 (c) Upon receipt by the [state or tribe] of the complete Certificate, the Account Representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard in all matters concerning the general account. Such persons shall be bound by any decision or order issued by [state or tribe] (d) No WEB Allowance Tracking System general account shall be established until the Tracking System Administrator has received a complete Certificate. Once the account is established, the Account Representative shall make all submissions concerning the account, including the deduction or transfer of allowances. 4. Requirements and Responsibilities Each submission for the general account shall be signed and certified by the Account Representative for the general account. Each submission shall include the following truth and accuracy certification statement by the Account Representative: “I am authorized to make this submission on behalf of all person who have an ownership interest in allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.” 5. Changing the Account Representative The Account Representative or alternate Account Representative may be changed at any time by sending a complete superseding Certificate to the [state or tribe] and the Tracking System Administrator under section H3(b) of this rule, with the change taking effect upon receipt of such Certificate by the [state or tribe]. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous Account Representative or alternate prior to the time and date when the [state or tribe] receives the superseding Certificate shall be binding on the new Account Representative and all person having ownership interest with respect to allowances held in the general account. 6. Changes to the Account Any change to the information required in the application for an existing account under H1 of this Rule shall require a revision of the application. 15 I. Monitoring, Recordkeeping and Reporting 1. General Requirements (a) For each SO2 emitting unit at a WEB source the owner or operator shall comply with the following, as applicable, to monitor and record SO2 mass emissions: (1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in Part 75 with respect to monitoring, recording and reporting SO2 mass emissions. [as necessary, insert state/tribe rule language to address changes to 40 CFR Part 75.] (2) If a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable: (A) A continuous emission monitoring system (CEMS) for SO2 and flow that complies with all applicable monitoring provisions in 40 CFR Part 75; (B) If the unit is a gas- or oil- fired combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO2 mass emissions only) of section 75.19 of 40 CFR Part 75; (C) One of the optional WEB protocols, if applicable, in Append ix A to this Rule; or (D) A petition for site-specific monitoring that the source submits for approval by [state or tribe], and approval by the U.S. Environmental Protection Agency in accordance with Section I8(e) of this Rule (relating to petitions). (3) A permanently retired unit shall not be required to monitor under this Section if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements this paragraph (3) and the Account Representative certifies in accordance with Section L2 of this Rule that these conditions were met. (b) Notwithstanding paragraph (a) of this Section, the owner or operator of a unit that meets one of the conditions of paragraph (b)(1) may elect to have the provisions of this paragraph (b) apply to that unit. (1) Any of the following units may implement this paragraph (b): 16 (A) Any smelting operation where all of the emissions from the operation are not ducted to a stack; or (B) Any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery. (C) Any other type of unit without add-on SO2 control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section C1 of the Implementation Plan. (2) For each unit covered by this paragraph (b), the Account Representative shall submit a notice to request that this paragraph (b) apply to one or more SO2 emitting units at a WEB source. The notice shall be submitted in accordance with the compliance dates specified in Section I6(a) of this Rule, and shall include the following information (in a format specified by [state or tribe] with such additional, related information as may be requested): (A) A notice of all units at the applicable source, specifying which of the units are to be covered by this paragraph (b); (B) Consistent with the emission estimation methodology used to determine the floor level (and reducible allocation) for the source in accordance with Section C1 of the Implementation Plan, the portion of the WEB source's overall allowance allocation that is attributable to any unit(s) covered by this paragraph; and (C) An identification of any such units that are permanently retired. (3) For each new unit at an existing WEB source for which the owner or operator seeks to comply with this paragraph (b) and for which the Account Representative applies for an allocation under the new source set-aside provisions of Section G6 of this Rule, the Account Representative shall submit a modified notice under paragraph (b)(2) that includes such new SO2 emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in Section I6(a) of this Rule, but no later than the date on which a request is submitted under Section G6 of this Rule for allocations from the set-aside. (4) [State or tribe] shall evaluate the information submitted by the WEB source in paragraphs (b)(2) and (b)(3), and may issue a notice to the source to exclude any units that do not qualify under this paragraph (b) or to adjust the portion of allowances attributable to units that do qualify to be consistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. Any such notice shall be provided within 180 days after the date on which the notice from the WEB source was received. 17 (5) [State or tribe] shall hold allowances equal to the adjusted portion of the WEB source's allowances under paragraphs (b)(2), (b)(3), and (b)(4) in an account maintained by [state or tribe], provided tha t no such hold back of the WEB source's allocation will be required for any unit that is permanently retired. (6) The Account Representative for a WEB source shall submit an annual emissions statement for each unit under this paragraph (b). The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner consistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. [State or tribe] will retire the allowances held under paragraph (b)(5) to account for the emissions from such units. In addition, if the estimated emissions from all such units at the WEB source are greater than the allowances held under paragraph (b)(5) for the WEB source, the Account Representative will report the excess amount as part of the cumulative annual emissions report for the WEB source and be required to use other allowances in the compliance account for the WEB source to account for such emissions, in accordance with Section I8 of this Rule. (7) The remaining provisions of this Section I shall not apply to units covered by this paragraph except where otherwise noted. (8) A WEB source may opt to modify the monitoring for an SO2 emitting unit to use monitoring under Section I1(a) of this Rule, but any such monitoring change must take effect on January 1 of the next compliance year. In addition, the Account Representative must submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with Section I2 of this Rule. The Account Representative shall also submit a revised notice under paragraph (b)(2) at the same time that the initial monitoring plan is submitted. (c) For any monitoring method that the owner or operator uses under this Section (including paragraph (b)), the owner or operator (and, as applicable, the Account Representative) shall implement, certify, and use such method in accordance with this Section, and record and report the data from such method as required in this Section. In addition, the owner or operator (and, as applicable, the Account Representative) may not: (1) Use an alternative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with Section I8(e) of this Rule (relating to petitions); (2) Operate an SO2 emitting unit so as to discharge, or allow to be discharged, SO2 emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of this Section; 18 (3) Disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this Section; or (4) Retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances: (A) During a period when the unit is exempt from the requirements of this Section, including retirement of a unit as addressed in Section I1(a)(3); (B) The owner or operator is monitoring emissions from the unit with another certified monitoring method approved under this Section for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or (C) The Account Representative submits notification of the date of certification testing of a replacement monitoring system in accordance with this Section, and the owner or operator recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of this Section. 2. Monitoring Plan (a) General Provisions. The owner or operator of an SO2 emitting unit that uses a monitoring method under Section I1(a)(2) of this Rule shall meet the following requirements: (1) Prepare and submit to [state or tribe] an initial monitoring plan for each monitoring method that the owner or operator uses to comply with this Section. In accordance with paragraph I2(c) of this Rule, the plan shall contain sufficient information on the units involved, the applicable method, and the use of data derived from that method to demonstrate that all unit SO2 emissions are monitored and reported. The plan shall be submitted in accordance with the compliance dates specified in Section I5 of this Rule. (2) Prepare, maintain and submit to [state or tribe] a detailed monitoring plan at least 45 days prior to the first day of certification testing. The plan will contain the applicable information required by paragraph I2(d) of this Rule. [State or tribe] may require that the monitoring plan (or portions thereof) be submitted electronically. The [state or tribe] also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Section I8(a) of this Rule or resubmitted separately within 30 days after any change is made to the plan in accordance with the following paragraph (a)(3). 19 (3) Whenever the owner or operator makes a replacement, modification, or change in one of the systems or methodologies provided for in Section I1(a)(2), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects information reported in the monitoring plan (e.g., a change to serial number for a component of a monitoring system), then the owner or operator shall update the monitoring plan. (b) The owner or operator of an SO2 emitting unit that uses a method under Section I1(a)(1) of this Rule (a unit subject to 40 CFR Part 75 under a program other than this WEB Trading Program) shall meet the requirements of Section I2(a)-(f) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the owner or operator also shall submit the entire monitoring plan to [state or tribe] upon request. (c) Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO2 emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in an applicable provision in Appendix A, contains the following information: (1) For all SO2 emitting units involved in the monitoring plan: (A) Plant name and location; (B) Plant and unit identification numbers assigned by [state or tribe]; (C) Type of unit (or units for a group of units using a common monitoring methodology); (D) Identification of all stacks or pipes associated with the monitoring plan; (E) Types of fuel(s) fired (or sulfur containing process materials used in the SO2 emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology; (F) Type(s) of emissions controls for SO2 installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process; (G) Maximum hourly heat input capacity, or process throughput capacity, if applicable; (H) Identification of all units using a common stack; and (I) Indicator of whether any stack identified in the plan is a bypass stack. 20 (2) For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identification of quality assurance procedures. If the proposed methodology is a site-specific methodology submitted pursuant to Section I1(a)(2)(D) of this Rule, the description under this paragraph shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures. (3) If the WEB source intends to petition for a change to any specific monitoring requirement otherwise required under this Section, such petition may be submitted as part of the initial monitoring plan. (4) [State or tribe] may issue a notice of approval or disapproval of the initial monitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in this Section. Except for any petition contained in the initial monitoring plan, if such notice is not issued within 180 days after the date on which [state or tribe] received the initial monitoring plan, the plan shall be deemed approved. (d) Detailed Monitoring Plan. The Account Representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in Appendix A, shall contain the following information: (1) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer and/or probe) in a CEMS (e.g., SO2 pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including: (A) Manufacturer, model number and serial number; (B) Component/system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer and/or probe; (C) Designation of the component type and method of sample acquisition or operation (e.g., in situ pollutant concentration monitor or thermal flow monitor); (D) Designation of the system as a primary or backup system; (E) First and last dates the system reported data; (F) Status of the monitoring component; and 21 (G) Parameter monitored. (2) Identification and description of all major hardware and software components of the automated data acquisition and handling system, including: (A) Hardware components that perform emission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and (B) Software components (provide the identification of the provider and model/version number). (3) Explicit formulas for each measured emissions parameter, using component/system identification codes for the monitoring system used to measure the parameter that links the system observations with the reported concentrations and mass emissions. The formulas must contain all constants and factors required to derive mass emissions from component/system code observations and an indication of whether the formula is being added, corrected, deleted, or is unchanged. The owner or operator of a low mass emissions unit for which the owner or operator is using the optional low mass emissions excepted methodology in section 75.19(c) of 40 CFR Part 75 is not required to report such formulas. (4) Inside cross-sectional area (ft2 ) at flow monitoring location (for units with flow monitors, only). (5) If using CEMS for SO2 and flow, for each parameter monitored: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable) (and method of calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily calibration units of measure, span effective date/hour, span inactivation date/hour, indication of whether dual spans are required, default high range va lue, flow rate span, and flow rate span value and full scale value (in scfh) for each unit or stack using SO2 or flow component monitors. (6) If the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following information for each value of such parameter: (A) Identification of the parameter; (B) Default, maximum, minimum, or constant value, and units of measure for the value; (C) Purpose of the value; 22 (D) Indicator of use during controlled/uncontrolled hours; (E) Types of fuel; (F) Source of the value; (G) Value effective date and hour; (H) Date and hour value is no longer effective (if applicable); and (I) For units using the excepted methodology under section 75.19 of 40 CFR Part 75, the applicable SO2 emission factor. (7) Unless otherwise specified in section 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or common stack on which hardware CEMS are installed: (A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), or thousand of lb/hr of steam, or ft/sec (as applicable); (B) The load or operating level(s) designated as normal in section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of lb/hr of steam, or ft/sec (as applicable); (C) The two load or operating levels (i.e., low, mid, or high) identified in section 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used; (D) The date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently- used load (or operating) levels; and (E) Activation and deactivation dates when the normal load or operating level(s) change and are updated. (8) For each unit that is complying with 40 CFR Part 75 for which the optional fuel flow-to- load test in section 2.1.7 of appendix D to 40 CFR Part 75 is used: (A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), expressed in thousand of lb/hr of steam; (B) The load level designated as normal, pursuant to section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; and 23 (C) The date of the load analysis used to determine the normal load level. (9) Information related to quality assurance testing, including (as applicable): identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels (percent of span) for the calibration error test and linearity check; calculations for determining maximum potential concentration, maximum expected concentration (if applicable), maximum potential flow rate, and span; (10) If applicable, apportionment strategies under sections 75.10 through 75.18 of 40 CFR Part 75. (11) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include: (A) A schematic diagram identifying entire gas handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and paragraphs (d)(1) and (3). The schematic diagram must depict the height of any monitor locations. Comprehe nsive and/or separate schematic diagrams shall be used to describe groups of units using a common stack. (B) Stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method sampling ports, and other equipment that affects the monitoring system location, performance, or quality control checks. (12) A data flow diagram denoting the complete information handling path from output signals of CEMS components to final reports. (e) In addition to supplying the information in paragraphs (c) and (d) above, the owner or operator of an SO2 emitting unit using either of the methodologies in paragraph I.1(a)(2)(B) of this Section shall include the following information in its monitoring plan for the specific situations described: (1) For each gas-fired or oil- fired SO2 emitting unit for which the owner or operator uses the optional protocol in appendix D to 40 CFR Part 75 for SO2 mass emissions, the Account Representative shall include the following information in the monitoring plan: (A) Parameter monitored; 24 (B) Type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter; (C) Test method used to check the accuracy of each fuel flowmeter; (D) Submission status of the data; (E) Monitoring system identification code; (F) The method used to demonstrate that the unit qualifies for monthly GCV sampling or for daily or annual fuel sampling for sulfur content, as applicable; (G) A schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeter(s), and the stack(s). The schematic diagram must depict the installation location of each fuel flowmeter and the fuel sampling location(s). Comprehensive and/or separate schematic diagrams shall be used to describe groups of units using a common pipe; (H) For units using the optional default SO2 emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75; (I) For units using the 720 hour test under section 2.3.6 of appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and (J) For units using the 720 hour test under section 2.3.5 of appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test. (2) For each SO2 emitting unit for which the owner or operator uses the low mass emission excepted methodology of section 75.19 to 40 CFR Part 75, the designated representative shall include the following information in the monitoring plan that accompanies the initial certification application: (A) The results of the analysis performed to qualify as a low mass emissions unit under section 75.19(c) to 40 CFR Part 75. This report will include either the previous three years actual or projected emissions. The following items should be included: (i) Current calendar year of application; 25 (ii) Type of qualification; (iii) Years one, two, and three; (iv) Annual measured, estimated or projected SO2 mass emissions for years one, two, and three; and (v) Annual operating hours for years one, two, and three. (B) A schematic diagram identifying the relationship between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). Comprehensive and/or separate schematic diagrams shall be used to describe groups of units using a common pipe; (C) For units which use the long term fuel flow methodology under section 75.19(c)(3) to 40 CFR Part 75, a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units; (D) A statement that the unit burns only gaseous fuel(s) and/or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuel(s) and/or fuel oil and a list of the fuels that are projected to be burned; (E) A statement that the unit meets the applicability requirements in sections 75.19(a) and (b) to 40 CFR Part 75 with respect to SO2 emissions; and (F) Any unit historical actual, estimated and projected SO2 emissions data and calculated SO2 emissions data demonstrating that the unit qualifies as a low mass emissions unit under sections 75.19(a) and (b) to 40 CFR Part 75. (3) For each gas-fired unit the Account Representative shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of gas- fired in section 72.2 of 40 CFR Part 72, and an indication of whether the data are actual or projected data. (f) An operating permit for a WEB source issued in accordance with Title V of the Clean Air Act shall require a source to maintain a detailed monitoring plan in accordance with this Part, but the specific elements of the plan shall not be part of the permit, and modifications to the elements of the plan shall not require a permit modification. 3. Certification/Recertification 26 (a) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75 or Appendix A to this Rule, as applicable. Certification or recertification of a monitoring system by the U.S. Environmental Protection Agency for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program. (b) The owner or operator of an SO2 emitting unit not otherwise subject to 40 CFR Part 75 that monitors SO2 mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this Section shall perform all of the tests required by that regulation and shall submit the following: (1) A test notice, not later than 21 days before the certification testing of the monitoring system, provided that [state or tribe] may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under paragraph I2(c) of this Rule; and (2) An initial certification application within 45 days after testing is complete. A monitoring system will be considered provisionally certified while the application is pending, and the system shall be deemed certified if [state or tribe] does not approve or disapprove the system within six months after the date on which the application is submitted. 4. Ongoing Quality Assurance and Quality Control The WEB source shall satisfy the applicable quality assurance and quality control requirements of Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, the applicable quality assurance and quality control requirements in Appendix A on and after the date that certification testing commences. 5. Substitute Data Procedures (a) For any period after certification testing is complete in which valid data are not being recorded by a monitoring system specified in this Rule, missing or invalid data shall be replaced with substitute data in accordance with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, with substitute data in accordance with Appendix A. (b) For an SO2 emitting unit that does not have a certified (or provisionally certified) monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Program, the owner or operator shall: (1) If the owner or operator will use a CEMS to comply with this Section, substitute the maximum potential concentration of SO2 for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75. The procedures for conditional data validation under section 75.20(b)(3) may be 27 used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable; (2) If the owner or operator will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gross calorific value for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR Part 75; (3) If the owner or operator will use the 40 CFR Part 75 LME methodology, substitute the SO2 emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or (4) If using a protocol in Appendix A to this Rule, follow the procedures in the applicable protocol. 6. Compliance Dates (a) The initial monitoring plan shall be submitted by the following dates: (1) For each source that is a WEB source on or before the Program Trigger Date, the monitoring plan shall be submitted 180 days after such Program Trigger Date. (2) For any existing source that becomes a WEB source after the Program Trigger Date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in which the source exceeded the emissions threshold. (3) For any new WEB source, the monitoring plan shall be included with the permit application for New Source Review. [State or tribe shall modify the language as necessary to conform with their new source review rules.] (b) Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of this Section I (including any referenced in Appendix A) by the following dates: (1) For each source that is a WEB source on or before the Program Trigger Date, two years prior to the start of the first control period as described in Section L of this Rule. (2) For any existing source that becomes a WEB source after the Program Trigger Date, one year after the due date for the monitoring plan under I1(c)(2) of this Rule. (3) For any new WEB source, the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation. 28 7. Recordkeeping (a) Except as provided in Section I7(b), the WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this Rule for a period of five years. Unless otherwise requested by the WEB source and approved by [state or tribe], the copies shall be kept on site. (b) The WEB source shall keep all Account Certificates of Representation on site at the source through the year 2018. (c) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO2 , stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this Section or in Appendix A to this Rule. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO2 emitting unit that uses a Part 75 monitoring method to meet the requirements of this Section. 8. Reporting (a) Quarterly Reports. For each SO2 emitting unit, the Account Representative shall submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be in a format specified by [state or tribe] and shall be submitted in a manner compatible with the emissions tracking database designed for the WEB Trading Program. [State or tribe] may require the WEB source to submit hourly and quality assurance activity information comparable to quarterly reports under 40 CFR Part 75. If the owner or operator submits a quarterly report under 40 CFR Part 75 to the U.S. EPA Administrator, no additional report under this paragraph (a) shall be required, provided, however, that [state or tribe] may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO2 mass emissions) be submitted separately to [state or tribe]. (b) Annual Report. Based on the quarterly reports, each WEB source shall submit an annual statement of total annual SO2 emissions for all SO2 emitting units at the source. The annual report shall contain four elements: total emissions for all units monitored in accordance with Section I1(a) of this Rule; total emissions for all units with emissions estimated in accordance with Section I1(b) of this Rule; the number of tons, if any, of SO2 emissions estimated under Section I1(b) of this Rule that are subject to deduction of allowances from the source's compliance account in accordance with Section I1(b)(6); and the total number of SO2 tons subject to deduction of allowances from the source's compliance account in accordance with Section L of this Rule. The annual report shall be submitted within 30 days after the end of a control period. (c) [State or tribe] may direct that any monitoring plan, report, certification/recertification, or emissions data required to be submitted under this Section be submitted to the Tracking System Administrator. 29 (d) [State or tribe] may review and reject any report submitted under this Section I7 that contains errors or fails to satisfy the requirements of this Section, and the Account Representative shall resubmit the report to correct any deficiencies. (e) Petitions. A WEB source may petition for an alternative to any requirement specified in Section I1(a)(2). The petition shall require approval of [state or tribe] and the U.S. EPA Administrator. Any petition submitted under this paragraph shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of the WEB source and applicable SO2 emitting unit(s); (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative, if applicable; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of this Rule and that any adverse effect of approving such alternative will be de minimis; and (3) Any other relevant information that [state or tribe] may require. (f) For any monitoring plans, reports, or other information submitted under Section I of this Rule, the Account Representative shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate of representation for the WEB source submitted under Section E of this Rule. J. Allowance Transfers 1. Procedure To transfer allowances, the Account Representative shall submit the following information to the Tracking System Administrator: (a) The transfer account number(s) identifying the transferor account; (b) The transfer account number(s) identifying the transferee account; (c) The serial number of each allowance to be transferred; and (d) The transferor’s Account Representative’s name and signature and date of submission. 30 2. Deadline The allowance transfer deadline is midnight Pacific Standard Time March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the control period. By this time, the transfer of the allowances into the WEB source’s compliance account must be correctly submitted to the Tracking System Administrator in order to demonstrate compliance under Section L1 of the rule for that control period. 3. Retirement of Allowances To transfer allowances for the purpose of retirement, the Account Representative shall submit the following information to the Tracking System Administrator: (a) The transfer account number(s) identifying the transferor account; (b) The serial number of each allowance to be retired; and (c) The transferor’s Account Representative’s name and signature and date of submission accompanied by a signed statement acknowledging that each retired allowance as no longer available for future transfers from or to any account. K. Use of Allowances from a Previous Year 1. Any allowance that is held in a compliance account or general account will remain in such an account unless and until the allowance is deducted in conjunction with the compliance process, or transferred to another account. 2. In order to demonstrate compliance under section L1 of this rule for a control period, WEB sources shall only use allowances allocated for that current control period or any previous year. 3. If flow control procedures for the current control period have been triggered as outlined in Section C4.2 of the SO2 Milestones and Backstop Trading Program Implementation Plan, then the use of allowances that were allocated for any previous year will be limited as follows: (a) The number of allowances that are held in each compliance account and general account as of the allowance transfer deadline for the immediately previous year and that were allocated for any previous year will be determined. (b) The number determined in (a) will be multiplied by the flow control ratio established in accordance with Section C4.2 of the SO2 Milestones and Backstop Trading Program Implementation Plan to determine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period. 31 (c) Allowances that were allocated for a previous year in excess of the number determined in (b) may also be used for the current control period. If such allowances are used to make a deduction, two allowances must be deducted for each deduction of one allowance required under Section L of this Rule. 4. Special provisions for the year 2018. After compliance with the 2017 allowance limitation has been determined in accordance with Section L1 of this Rule, allowances allocated for any year prior to 2018 shall not be used for determining compliance with the 2018 allowance limitation or any future allowance limitation. L. Compliance 1. Compliance with Allowance Limitations (a) The WEB source must hold allowances, in accordance with Section L1(b) and Section K of this Rule, as of the allowance transfer deadline in the WEB source’s compliance account (together with any current control year allowances held for the WEB source by the [state or tribe] under Section I1(b) of this Rule) in an amount not less than the total SO2 emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of Section I of this Rule. (1) For each source that is a WEB source on or before the Program Trigger Date, the first control period is the calendar year that is six years following the calendar year for which SO2 emissions exceeded the milestone in accordance with procedures in Section A of the SO2 Milestones and Backstop Trading Program Implementation Plan. (2) For any existing source that becomes a WEB source after the Program Trigger Date, the first control period is the calendar year that is four years following the inventory year in which the source exceeded the SO2 emissions threshold. (3) For any new WEB source after the Program Trigger Date the first control period is the first full calendar year that the source is in operation. (4) If the WEB Trading Program is triggered in accordance with the 2013 review procedures in section A4 of the SO2 Milestones and Backstop Trading Program implementation plan, the first control period for each source that is a WEB source on or before the Program Trigger Date is the year 2018. (b) Allowance transfer deadline An allowance may only be deducted from the WEB source’s compliance account if: (1) the allowance was allocated for the current control period or meets the requirements in Section K of this Rule for use of allowances from a previous control period, and 32 (2) the allowance was held in the WEB source’s compliance account as of the allowance transfer deadline for the current control period, or was transferred into the compliance account by an allowance transfer correctly submitted for recording by the allowance transfer deadline for the current control period. (c) Compliance with allowance limitations shall be determined by comparing the following two numbers: (1) the monitored SO2 emissions data reported by the source to [state or tribe], in accordance with Section I of this Rule, and recorded in the emissions tracking database and (2) the allowance allocations and transfers recorded in the Allowance Tracking System, adjusted in accordance with Section K of this Rule. (d) To the extent consistent with Section K of this Rule, allowances shall be deducted for a WEB source for compliance with the allowance limitation as directed by the WEB source’s Account Representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first- in, first-out accounting basis in the order of the date and time of their recording in the WEB source’s compliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances transferred to the WEB source’s compliance account from another compliance account or general account. The allowances held by the [state or tribe] for compliance at a WEB source pursuant to Section I1(b) of this Rule shall be deducted as specified in that Section. 2. Certification of Compliance (a) For each control period in which a WEB source is subject to the allowance limitation, the Account Representative of the source shall submit to [state or tribe] a Compliance Certification report for the source. (b) The Compliance Certification report shall be submitted no later than the allowance transfer deadline of each control period, and shall contain the following: (1) Identification of each WEB source; (2) At the Account Representative’s option, the serial numbers of the allowances that are to be deducted from a source’s compliance account for compliance with the allowance limitation; and (3) The Compliance Certification report according to subpart (c) of this section. (c) In the Compliance Certification report, the Account Representative shall certify, based on reasonable inquiry of those persons with primary responsibility for 33 operating the WEB source in compliance with the WEB Trading Program, whether the WEB source for which the compliance certification is submitted was operated during the control period covered by the report in compliance with the requirements of the WEB Trading Program applicable to the source including: (1) Whether the WEB source operated in compliance with the SO2 allowance limitation; (2) Whether SO2 emissions data has been submitted to [states or tribe] in accordance with Section I1of this Rule and other applicable guidance, for review, revision as necessary, and finalization for forwarding to the SO2 Allowance Tracking System for recording; (3) Whether the monitoring plan that governs the WEB source has been maintained to reflect the actual operation and mo nitoring of the source, and contains all information necessary to attribute SO2 emissions to the source, in accordance with Section I1 of this Rule; (4) Whether all the SO2 emissions from the WEB source if applicable, were monitored or accounted for either through the applicable monitoring or through application of the appropriate missing data procedures; (5) If applicable, whether any SO2 emitting unit for which the WEB source is not required to monitor in accordance with Section I1A(3) of this rule remained permanently retired and had no emissions for the entire applicable period; and (6) Whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification. If there were any such changes, the report must specify the nature, reason, and date of the change, the method to determine compliance status subsequent to the change, and specifically, the method to determine SO2 emissions. 3. Penalties for any WEB source exceeding its allowance limitations (a) Allowance deduction penalties If emissions from a WEB source exceed the allowance limitation for a control period, as determined in accordance with Section L1 of this Rule, the source’s allowances held in its compliance account will be reduced by an amount equal to two times the source’s tons of excess emissions. If the compliance account does not have sufficient allowances allocated for that control period, the required number of allowances will be deducted from the WEB source’s compliance account rega rdless of the control period for which they were allocated, once allowances are recorded in the account. 34 (2) Any allowance deduction required under this Section shall not affect the liability of the owners and operators of the WEB source for any fine, penalty or assessment or their obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air Act, implementing regulations or applicable state or tribal law.. (b) Financial penalties A financial penalty of $5,000 per ton of SO2 emissions in excess of the WEB source’s allowance limitation shall be levied. 4. Liability (a) WEB Source liability for non-compliance Separate and regardless of any automatic penalties assessed for allowance deduction penalty and financial penalty, a WEB source that violates any requirement of this Rule, including monitoring record keeping and reporting requirements, is subject to civil and criminal penalties under [state or tribe] law and the Clean Air Act. Each day of the control period is a separate violation, and each ton of SO2 emissions in excess of a source’s allowance limitation is a separate violation. (b) General liability [State or tribe] may or may not be able to adopt the liability provisions. If a state has existing liability Rules, those can be referenced in this location.] (1) Any provision of the WEB Trading Program that applies to a source or an Account Representative shall apply also to the owners and operators of such source. (2) Any person who violates any requirement or prohibition of the WEB Trading Program will be subject to enforcement pursuant to applicable state, tribal or federal law. (3) Any person who knowingly makes a false material statement in any record, submission, or report under this WEB Trading Program shall be subject to criminal enforcement pursuant to the applicable state, tribal or federal law. M. Special Penalty Provisions for the 2018 Milestone 1. If the WEB Trading Program is triggered as outlined in Section A of the SO2 Milestones and Backstop Trading Program Implementation Plan, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year. (a) All WEB sources shall register, and open a compliance account within 180 days after the Program Trigger Date, in accordance with Sections F1 and H of this Rule. 35 (b) The Tracking System Administrator will record the allowances for the 2018 control period for each WEB source in the source’s compliance account once [state or tribe] allocates the 2018 allowances under Section C1 and D1 of the SO2 Milestones and Backstop Trading Program Implementation Plan. (c) The allowance transfer deadline is midnight Pacific Standard Time on May 30, 2021. WEB sources may transfer allowances as provided in Section J1 of this Rule until the allowance transfer deadline. (d) A WEB source must hold allowances allocated for 2018 including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO2 emissions for 2018. Emissions are determined using the pre-trigger monitoring provisions in Section B of the SO2 Milestones and Backstop Trading Program Implementation Plan, and [refer to state or tribe emission inventory or equivalent rule]. (e) An allowance deduction penalty and financial penalty shall be assessed and levied in accordance with Sections K4, L1(d) and L3 of this Rule, except that SO2 emissions shall be determined under Section M1(d) of this Rule. 2. If the program has been triggered and provision M1 is implemented, the provisions of M3 of this Rule shall apply for each year after the 2018 emission year until: (a) The first control period under the WEB trading program; or (c) [State or Tribe] determined, in accordance with section A3.10 of the Implementation Plan, that the 2018 SO2 milestone has been met. 3. If provision M1 was implemented, the following shall apply to each emissions year after the 2018 emissions year: (a) The Tracking System Administrator will record the allowances for the control period for the specific year for each WEB source in the source’s compliance account once [state or tribe] allocates the allowances under Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan. (b) The allowance transfer deadline is midnight Pacific Standard Time on March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the specific emissions year. WEB sources may transfer allowances as provided in Section J1 of this Rule until the allowance transfer deadline. (c) A WEB source must hold allowances allocated for that specific emissions year, or any year after 2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO2 emissions for the specific emissions year. Emissions are determined using the pre-trigger monitoring provisions in Section B of the SO2 36 Milestones and Backstop Trading Program Implementation Plan, and [refer to state or tribe emission inventory or equivalent rule]. (d) An allowance deduction penalty and financial penalty shall be assessed and levied in accordance with Sections K4, L1(d) and L3 of this Rule, except that SO2 emissions shall be determined under Section M3(c) of this Rule. 37 APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS Protocol WEB-1: SO2 Monitoring of Fuel Gas Combus tion Devices 1. Applicability (a) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries. (b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery. (c) Fuel gas means any gas which is generated and combusted at a petroleum refinery. Fuel gas does not include: (1) natural gas, unless combined with other gases generated at a petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, (3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or malfunctions. 2. Monitoring Requirements (a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content (reported as H2 S) of the fuel gas mixture prior to combustion, and continuo us fuel flow meters to determine the amount of fuel gas burned. (1) Fuel gas combustion devices having a common source of fuel gas may be monitored for sulfur content at one location, if monitoring at that location is representative of the sulfur content of the fuel gas being burned in any fuel gas combustion device. (2) The CFGMS shall meet the performance requirements in Performance Specification 2 in Appendix B to 40 CFR Part 60, and the following: (i) Continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H2 S. (ii) Have the span value set so that the majority of readings fall between 10 and 95% of the range. (iii) Record negative values of zero drift. (iv) Calibration drift shall be 5.0% of the span. 38 (v) Methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a bias test in accordance with paragraph 4(c) of this section. (3) All continuous fuel flow meters shall comply with the applicable provisions of Appendix D to 40 CFR Part 75. (4) The hourly mass SO2 emissions shall be calculated using the following equation: E = (CS )(Qf)(K) where: E = SO2 emissions in lbs/hr CS = Sulfur content of the fuel gas as H2 S(ppmv) Qf = Fuel gas flow rate (scfh) K = 1.660 x 10-7 (lb/scf)/ppmv (b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 CEMS and flow CEMS at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2 /scf fuel gas burned) of all applicable fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with paragraph (b), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. (1) Each CEMS for SO2 and flow shall comply with the operating requirements, performance specifications, and quality assurance requirements of 40 CFR Part 75. (2) All continuous fuel flow meters shall comply with the applicable provisions of Appendix D to 40 CFR Part 75. (3) The SO2 mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the amount of fuel gas burned by the CEMS- monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following equation: Et = (Em )(Qt)/(Qm ) where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices. Em = SO2 emissions in lbs/hr from the CEMS-monitored fuel gas combustion device. Qt = Fuel gas flow rate (scfh) from applicable fuel gas combustion devices. Qm = Fuel gas flow rate (scfh) from the CEMS- monitored fuel gas combustion device. 39 (c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 - diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2 /mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS- monitored fuel gas combustion device. (1) Each SO2 -diluent CEMS shall comply with the applicable provisions for SO2 monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix F to Part 75 for determining SO2 emission rate (lb/mmBtu) by substituting the term SO2 for NOx in that section. (2) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine the heat input rate from the fuel gas shall comply with the applicable provisions of Appendix D to 40 CFR Part 75. (3) The SO2 mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the fuel gas heat input to the CEMS-monitored fuel gas combustion device to the total fuel gas heat input to all applicable fuel gas combustion devices using the following equation: Et = (Em )(Ht)/(Hm ) where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices. Em = SO2 emissions in lb/mmBtu from the CEMS - monitored fuel gas combustion device. Ht = Fuel gas heat input (mmBtu/hr) from applicable fuel gas combustion devices. Hm = Fuel gas heat input (mmBtu/hr) from the CEMS - monitored fuel gas combustion device. 3. Certification/Recertification Requirements All monitoring systems are subject to initial certification and recertification testing as follows: (a) The owner or operator shall comply with the initial testing and calibration requirements in Performance Specification 2 in Appendix B of 40 CFR Part 60 and paragraph 2 (a)(2) of this section for each CFGMS. (b) Each CEMS for SO2 and flow or each SO2 -diluent CEMS shall comply with the testing and calibration requirements specified in 40 CFR Part 75, section 75.20 and 40 Appendices A and B, except that each SO2 -diluent CEMS shall meet the relative accuracy requirements for a NOx -diluent CEMS (lb/mmBtu). (c) A continuous fuel flow meter shall comply with the testing and calibration requirements in 40 CFR Part 75, Appendix D. 4. Quality Assurance/Quality Control Requirements (a) A quality assurance/quality control (QA/QC) plan shall be developed and implemented for each CEMS for SO2 and flow or the SO2 -diluent CEMS in compliance with Appendix B of 40 CFR Part 75. (b) A QA/QC plan shall be developed and implemented for each continuous fuel flow meter and fuel sampling and analysis in compliance with Appendix B of 40 CFR Part 75. (c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following: (1) Perform a daily calibration error test of each CFGMS at two gas concentrations, one low level and one high level. Calculate the calibration error as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the error is greater than 5.0% of the span value. (2) In addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily calibration error test is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may affect the monitor measurements, or after making manual calibration adjustments. (3) Perform a linearity test once every operating quarter. Calculate the linearity as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the linearity error is greater than 5.0 percent of a reference value, and the absolute value of the difference between average monitor response values and a reference value is greater than 5.0 ppm. (4) Perform a relative accuracy test audit once every four operating quarters. Calculate the relative accuracy as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the relative accuracy is greater than 20.0% of the mean value of the reference method measurements. (5) Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required. 5. Missing Data Procedures 41 (a) For any period in which valid data are not being recorded by an SO2 CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute data in accordance with the requirements in Subpart D of 40 CFR Part 75. (b) For any period in which valid data are not being recorded by an SO2 -diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in accordance with the requirements for SO2 monitors in Subpart D of 40 CFR Part 75. (c) For any period in which valid data are not being recorded by a continuous fuel flow meter or for fuel gas GCV sampling and analysis specified in this section, missing or invalid data shall be replaced with substitute data in accordance with missing data requirements in Appendix D to 40 CFR Part 75. (d) For any period in which valid data are not being recorded by the CFGMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in section 2.4 of Appendix D to 40 CFR Part 75. 6. Monitoring Plan and Reporting Requirements In addition to the general monitoring plan and reporting requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements: (a) The monitoring plan shall identify each group of units that are monitored by a single monitoring system under this Protocol WEB-1, and the plan shall designate an identifier for the group of units for emissions reporting purposes. For purpose of submitting emissions reports, no apportionment of emissions to the individual units within the group is required. (b) If the provisions of paragraphs 2(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO2 emission rate from the monitored unit is representative of the rate from non- monitored units. Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure Fabric Filter 1. Applicability The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter, and (2) have operating conditions upstream of the fabric filter that the WEB source documents would reasonably prevent reliable flow monitor measurements. 2. Monitoring Requirements 42 (a) A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow monitoring system (PFMS) to determine the hourly kiln exhaust gas flow. (b) A PFMS is the total equipment necessary for the determination of exhaust gas flow using process or control device operating parameter measurements and a conversion equation, a graph, or computer program to produce results in cubic feet per hour. (c) The PFMS shall meet the following performance specifications: (1) The PFMS must allow for the automatic or manual determination of failed monitors. At a minimum a daily determination must be performed. (2) The PFMS shall have provisions to check the calibration error of each parameter that is individually measured. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The reference value need not be certified. (3) The relative accuracy of the PFMS must be < 10.0% of the reference method average value, and include a bias test in accordance with paragraph 4(c) of this section. 3. Certification Requirements The PFMS is subject to initial certification testing as follows: (a) Demonstrate the ability of the PFMS to identify automatically or manually a failed monitor. (b) Provide evidence of calibration testing of all monitoring equipment. Any tests conducted within the previous 12 months of operation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certification purposes. (c) Perform an initial relative accuracy test over the normal range of operating conditions of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required. 4. Quality Assurance/Quality Control Requirements A QA/QC plan shall be developed and implemented for each PFMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following: 43 (a) Perform a daily monitor failure check. (b) Perform calibration tests of all monitors for each parameter included in the PFMS. At a minimum, calibrations shall be conducted prior to each relative accuracy test audit. (c) Perform a relative accuracy test audit and accompanying bias test once every four operating quarters. Calculate the relative accuracy (and bias adjustment factor) as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the flow relative accuracy is greater than 10.0% of the mean value of the reference method. 5. Missing Data For any period in which valid data are not being recorded by the PFMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the flow monitor missing data requirements for non- load based units in Subpart D of 40 CFR Part 75. 6. Monitoring Plan Requirements In addition to the general monitoring plan requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements: (a) The monitoring plan shall document the reasons why stack flow measurements upstream of the fabric filter are unlikely to provide reliable flow measurements over time. (b) The initial monitoring plan shall explain the relationship of the proposed parameters and stack flow, and discuss other parameters considered and the reasons for not using those parameters in the PFMS. The [state or tribe] may require that the subsequent monitoring plan include additional explanation and documentation for the reasonableness of the proposed PFMS. 44 This page left intentionally blank. Western Backstop SO2 Trading Program Model Rule Supplement August 13, 2003 (Final Draft) The Model Rule Supplement is available through the Western Regional Air Partnership (WRAP) at www.wrapair.org This Model Rule Supplement was developed through a broad stakeholder process of the WRAP as a template to facilitate consistent, multi-jurisdictional implementation of the SO2 Milestones and Backstop Trading Program Section 309 of the Regional Haze Rule. Monitoring Provisions -- Corrected August 13, 2003 Draft H. Establishment of Accounts Add following sentence after first sentence in section H1 (or in reorganized section based on Lee's comments): In addition, if a WEB source conducts monitoring under Section I1.(b) of this Rule, the WEB source shall open a special reserve compliance account for allowances associated with units monitored under those provisions. The WEB source and Account Representative shall have no rights to transfer allowances in or out of such special reserve compliance account. The [state or tribe] shall allocate allowances to the account in accordance with Section I1.(b)(5) of this Rule and all such allowances for each control period shall be retired each year for compliance in accordance with Section L of this Rule. I. Monitoring, Recordkeeping and Reporting 1. General Requirements on Monitoring Methods (a) For each SO2 emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record SO2 mass emissions: (1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in Part 75 with respect to monitoring, recording and reporting SO2 mass emissions. (2) If a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable: (A) A continuous emission monitoring system (CEMS) for SO2 and flow that complies with all applicable monitoring provisions in 40 CFR Part 75; (B) If the unit is a gas- or oil-fired combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO2 mass emissions only) of section 75.19 of 40 CFR Part 75; (C) One of the optional WEB protocols, if applicable, in Appendix A to this Rule; or (D) A petition for site-specific monitoring that the source submits for approval by [state or tribe], and approval by the U.S. Monitoring Provisions -- Corrected August 13, 2003 Draft Environmental Protection Agency in accordance with Section I8(e) of this Rule (relating to petitions). (3) A permanently retired unit shall not be required to monitor under this Section if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements this paragraph (3) and the Account Representative certifies in accordance with Section L2 of this Rule that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section I in the same manner as if the unit was a new unit. (b) Notwithstanding paragraph (a) of this Section, the WEB source with a unit that meets one of the conditions of paragraph (b)(1) may elect to have the provisions of this paragraph (b) apply to that unit. (1) Any of the following units may implement this paragraph (b): (A) Any smelting operation where all of the emissions from the operation are not ducted to a stack; or (B) Any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery. (C) Any other type of unit without add-on SO2 control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section C1 of the Implementation Plan. (2) For each unit covered by this paragraph (b), the Account Representative shall submit a notice to request that this paragraph (b) apply to one or more SO2 emitting units at a WEB source. The notice shall be submitted in accordance with the compliance dates specified in Section I6(a) of this Rule, and shall include the following information (in a format specified by [state or tribe] with such additional, related information as may be requested): (A) A notice of all units at the applicable source, specifying which of the units are to be covered by this paragraph (b); (B) Consistent with the emission estimation methodology used to determine the floor level (and reducible allocation) for the source in accordance with Section C1 of the Implementation Plan, the portion of the WEB source's overall allowance allocation that is attributable to any unit(s) covered by this paragraph; and Monitoring Provisions -- Corrected August 13, 2003 Draft (C) An identification of any such units that are permanently retired. (3) For each new unit at an existing WEB source for which the WEB source seeks to comply with this paragraph (b) and for which the Account Representative applies for an allocation under the new source set-aside provisions of Section G6 of this Rule, the Account Representative shall submit a modified notice under paragraph (b)(2) that includes such new SO2 emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in Section I6(a) of this Rule, but no later than the date on which a request is submitted under Section G6 of this Rule for allocations from the set-aside. (4) [State or tribe] shall evaluate the information submitted by the WEB source in paragraphs (b)(2) and (b)(3), and may issue a notice to the source to exclude any units that do not qualify under this paragraph (b) or to adjust the portion of allowances attributable to units that do qualify to be consistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. (5) [State or tribe] shall allocate allowances equal to the adjusted portion of the WEB source's allowances under paragraphs (b)(2), (b)(3), and (b)(4) in a special reserve compliance account, provided that no such treatment of the WEB source's allocation will be required for any unit that is permanently retired and had no emissions for the entire period for which the WEB source implements this paragraph (b) and the Account Representative certifies in accordance with Section L of this Rule that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section I in the same manner as if the unit was a new unit. (6) The Account Representative for a WEB source shall submit an annual emissions statement for each unit under this paragraph (b) in accordance with Section I8 of this Rule. The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner consistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. In addition, if the estimated emissions from all such units at the WEB source are greater than the allowances for the current control year held in the special reserve compliance account under paragraph (b)(5) for the WEB source, the Account Representative will report the excess amount as part of the annual report for the WEB source under Section L of this Rule and be required to use other allowances in the standard Monitoring Provisions -- Corrected August 13, 2003 Draft compliance account for the WEB source to account for such emissions, in accordance with Section L of this Rule. (7) The remaining provisions of this Section I shall not apply to units covered by this paragraph except where otherwise noted. (8) A WEB source may opt to modify the monitoring for an SO2 emitting unit to use monitoring under Section I1(a) of this Rule, but any such monitoring change must take effect on January 1 of the next compliance year. In addition, the Account Representative must submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with Section I2 of this Rule. The Account Representative shall also submit a revised notice under paragraph (b)(2) at the same time that the initial monitoring plan is submitted. (c) For any monitoring that the WEB source uses under this Section (including paragraph (b)), the WEB source (and, as applicable, the Account Representative) shall implement, certify, and use such monitoring in accordance with this Section, and record and report the data from such monitoring as required in this Section. In addition, the WEB source (and, as applicable, the Account Representative) may not: (1) Except for an alternative approved by the U.S. EPA Administrator for a WEB source that implements monitoring under Section I1.(a)(1), use an alternative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with Section I8(e) of this Rule (relating to petitions); (2) Operate an SO2 emitting unit so as to discharge, or allow to be discharged, SO2 emissions to the atmosphere without accounting for these emissions in accordance with the applicable provisions of this Section; (3) Disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this Section; or (4) Retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances: Monitoring Provisions -- Corrected August 13, 2003 Draft (A) During a period when the unit is exempt from the requirements of this Section, including retirement of a unit as addressed in Section I1(a)(3); (B) The WEB source is monitoring emissions from the unit with another certified monitoring method approved under this Section for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or (C) The Account Representative submits notification of the date of certification testing of a replacement monitoring system in accordance with this Section, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of this Section. 2. Monitoring Plan (a) General Provisions. A WEB source with an SO2 emitting unit that uses a monitoring method under Section I1(a)(2) of this Rule shall meet the following requirements: (1) Prepare and submit to [state or tribe] an initial monitoring plan for each monitoring method that the WEB source uses to comply with this Section. In accordance with paragraph I2(c) of this Rule, the plan shall contain sufficient information on the units involved, the applicable method, and the use of data derived from that method to demonstrate that all unit SO2 emissions are monitored and reported. The plan shall be submitted in accordance with the compliance deadlines specified in Section I6 of this Rule. (2) Prepare, maintain and submit to [state or tribe] a detailed monitoring plan prior to the first day of certification testing, in accordance with the compliance deadline specified in Section I5 of this Rule. The plan will contain the applicable information required by Section I2(d) of this Rule. [State or tribe] may require that the monitoring plan (or portions thereof) be submitted electronically. The [state or tribe] also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Section I8(a) of this Rule or resubmitted separately after any change is made to the plan in accordance with the following paragraph (a)(3). (3) Whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in Section I1(a)(2), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects Monitoring Provisions -- Corrected August 13, 2003 Draft information reported in the monitoring plan (e.g., a change to serial number for a component of a monitoring system), then the WEB source shall update the monitoring plan in accordance with the compliance deadline specified in Section I5 of this Rule. (b) A WEB source with an SO2 emitting unit that uses a method under Section I1(a)(1) of this Rule (a unit subject to 40 CFR Part 75 under a program other than this WEB Trading Program) shall meet the requirements of Section I2(a)-(f) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the WEB source also shall submit the entire monitoring plan to [state or tribe] upon request. (c) Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO2 emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in an applicable provision in Appendix A, contains the following information: (1) For all SO2 emitting units involved in the monitoring plan: (A) Plant name and location; (B) Plant and unit identification numbers assigned by [state or tribe]; (C) Type of unit (or units for a group of units using a common monitoring methodology); (D) Identification of all stacks or pipes associated with the monitoring plan; (E) Types of fuel(s) fired (or sulfur containing process materials used in the SO2 emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology; (F) Type(s) of emissions controls for SO2 installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process; (G) Maximum hourly heat input capacity, or process throughput capacity, if applicable; (H) Identification of all units using a common stack; and Monitoring Provisions -- Corrected August 13, 2003 Draft (I) Indicator of whether any stack identified in the plan is a bypass stack. (2) For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identification of quality assurance procedures. If the proposed methodology is a site-specific methodology submitted pursuant to Section I1(a)(2)(D) of this Rule, the description under this paragraph shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures. (3) If the WEB source intends to petition for a change to any specific monitoring requirement otherwise required under this Section, such petition may be submitted as part of the initial monitoring plan. (4) [State or tribe] may issue a notice of approval or disapproval of the initial monitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in this Section. (d) Detailed Monitoring Plan. The Account Representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in Appendix A, shall contain the following information: (1) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., SO2 pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including: (A) Manufacturer, model number and serial number; (B) Component or system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer or probe; (C) Designation of the component type and method of sample acquisition or operation (e.g., in situ pollutant concentration monitor or thermal flow monitor); (D) Designation of the system as a primary or backup system; (E) First and last dates the system reported data; Monitoring Provisions -- Corrected August 13, 2003 Draft (F) Status of the monitoring component; and (G) Parameter monitored. (2) Identification and description of all major hardware and software components of the automated data acquisition and handling system, including: (A) Hardware components that perform emission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and (B) Software components (provide the identification of the provider and model or version number). (3) Explicit formulas for each measured emissions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the system observations with the reported concentrations and mass emissions. The formulas must contain all constants and factors required to derive mass emissions from component or system code observations and an indication of whether the formula is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions excepted methodology in section 75.19(c) of 40 CFR Part 75 is not required to report such formulas. (4) Inside cross-sectional area (ft2) at flow monitoring location (for units with flow monitors, only). (5) If using CEMS for SO2 and flow, for each parameter monitored: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable) (and method of calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily calibration units of measure, span effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value (in standard cubic feet per hour (scfh)) for each unit or stack using SO2 or flow component monitors. (6) If the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following information for each value of such parameter: Monitoring Provisions -- Corrected August 13, 2003 Draft (A) Identification of the parameter; (B) Default, maximum, minimum, or constant value, and units of measure for the value; (C) Purpose of the value; (D) Indicator of use during controlled or uncontrolled hours; (E) Types of fuel; (F) Source of the value; (G) Value effective date and hour; (H) Date and hour value is no longer effective (if applicable); and (I) For units using the excepted methodology under section 75.19 of 40 CFR Part 75, the applicable SO2 emission factor. (7) Unless otherwise specified in section 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or common stack on which hardware CEMS are installed: (A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), or thousand of pounds per hour (lb/hr) of steam, or feet per second (ft/sec) (as applicable); (B) The load or operating level(s) designated as normal in section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of lb/hr of steam, or ft/sec (as applicable); (C) The two load or operating levels (i.e., low, mid, or high) identified in section 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used; (D) The date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently-used load (or operating) levels; and (E) Activation and deactivation dates when the normal load or operating level(s) change and are updated. Monitoring Provisions -- Corrected August 13, 2003 Draft (8) For each unit that is complying with 40 CFR Part 75 for which the optional fuel flow-to-load test in section 2.1.7 of appendix D to 40 CFR Part 75 is used: (A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), expressed in thousand of lb/hr of steam; (B) The load level designated as normal, pursuant to section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; and (C) The date of the load analysis used to determine the normal load level. (9) Information related to quality assurance testing, including (as applicable): identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels (percent of span) for the calibration error test and linearity check; calculations for determining maximum potential concentration, maximum expected concentration (if applicable), maximum potential flow rate, and span; (10) If applicable, apportionment strategies under sections 75.10 through 75.18 of 40 CFR Part 75. (11) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include: (A) A schematic diagram identifying entire gas handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and paragraphs (d)(1) and (3). The schematic diagram must depict the height of any monitor locations. Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common stack. (B) Stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method sampling Monitoring Provisions -- Corrected August 13, 2003 Draft ports, and other equipment that affects the monitoring system location, performance, or quality control checks. (12) A data flow diagram denoting the complete information handling path from output signals of CEMS components to final reports. (e) In addition to supplying the information in paragraphs (c) and (d) above, the WEB source with an SO2 emitting unit using either of the methodologies in paragraph I.1(a)(2)(B) of this Section shall include the following information in its monitoring plan for the specific situations described: (1) For each gas-fired or oil-fired SO2 emitting unit for which the WEB source uses the optional protocol in appendix D to 40 CFR Part 75 for SO2 mass emissions, the WEB source shall include the following information in the monitoring plan: (A) Parameter monitored; (B) Type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter; (C) Test method used to check the accuracy of each fuel flowmeter; (D) Submission status of the data; (E) Monitoring system identification code; (F) The method used to demonstrate that the unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; (G) A schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeter(s), and the stack(s). The schematic diagram must depict the installation location of each fuel flowmeter and the fuel sampling location(s). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe; (H) For units using the optional default SO2 emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75; Monitoring Provisions -- Corrected August 13, 2003 Draft (I) For units using the 720 hour test under section 2.3.6 of appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and (J) For units using the 720 hour test under section 2.3.5 of appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test. (2) For each SO2 emitting unit for which the WEB source uses the low mass emission excepted methodology of section 75.19 to 40 CFR Part 75, the WEB source shall include the following information in the monitoring plan that accompanies the initial certification application: (A) The results of the analysis performed to qualify as a low mass emissions unit under section 75.19(c) to 40 CFR Part 75. This report will include either the previous three years actual or projected emissions. The following items should be included: (i) Current calendar year of application; (ii) Type of qualification; (iii) Years one, two, and three; (iv) Annual measured, estimated or projected SO2 mass emissions for years one, two, and three; and (v) Annual operating hours for years one, two, and three. (B) A schematic diagram identifying the relationship between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe; (C) For units which use the long term fuel flow methodology under section 75.19(c)(3) to 40 CFR Part 75, a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units; (D) A statement that the unit burns only gaseous fuel(s) or fuel oil and a list of the fuels that are burned or a statement that the Monitoring Provisions -- Corrected August 13, 2003 Draft unit is projected to burn only gaseous fuel(s) or fuel oil and a list of the fuels that are projected to be burned; (E) A statement that the unit meets the applicability requirements in sections 75.19(a) and (b) to 40 CFR Part 75 with respect to SO2 emissions; and (F) Any unit historical actual, estimated and projected SO2 emissions data and calculated SO2 emissions data demonstrating that the unit qualifies as a low mass emissions unit under sections 75.19(a) and (b) to 40 CFR Part 75. (3) For each gas-fired unit the WEB source shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of gas-fired in section 72.2 of 40 CFR Part 72, and an indication of whether the data are actual or projected data. (f) The specific elements of a monitoring plan under this Section I2. shall not be part of an operating permit for a WEB source issued in accordance with Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification. 3. Certification and Recertification (a) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75 or Appendix A to this Rule, as applicable. Certification or recertification of a monitoring system by the U.S. Environmental Protection Agency for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program. (b) The WEB source with an SO2 emitting unit not otherwise subject to 40 CFR Part 75 that monitors SO2 mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this Section shall perform all of the tests required by that regulation and shall submit the following: (1) A test notice, not later than 21 days before the certification testing of the monitoring system, provided that [state or tribe] may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under paragraph I2(c) of this Rule; and (2) An initial certification application within 45 days after testing is complete. Monitoring Provisions -- Corrected August 13, 2003 Draft (c) A monitoring system will be considered provisionally certified while the application is pending, and the system shall be deemed certified if [state or tribe] does not approve or disapprove the system within six months after the date on which the application is submitted. (d) Whenever an audit of any monitoring certified under this Rule, and a review of the initial certification or recertification application, reveal that any system or component should not have been certified or recertified because it did not meet a particular performance specification or other requirement of this Rule, both at the time of the initial certification or recertification application submission and at the time of the audit, the [state or tribe] will issue a notice of disapproval of the certification status of such system or component. For the purposes of this paragraph, an audit shall be either a field audit of the facility or an audit of any information submitted to the [state or tribe] regarding the facility. By issuing the notice of disapproval, the certification status is revoked prospectively, and the data measured and recorded shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the WEB source completes subsequently approved initial certification or recertification tests in accordance with the procedures in this Section I3. The WEB source shall apply the substitute data procedures in Section I5.(b) of this Rule to replace, prospectively, all of the invalid, non-quality-assured data for each disapproved system or component. 4. Ongoing Quality Assurance and Quality Control The WEB source shall satisfy the applicable quality assurance and quality control requirements of Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, the applicable quality assurance and quality control requirements in Appendix A on and after the date that certification testing commences. 5. Substitute Data Procedures (a) For any period after certification testing is complete in which quality assured, valid data are not being recorded by a monitoring system certified and operating in accordance with this Rule, missing or invalid data shall be replaced with substitute data in accordance with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, with substitute data in accordance with Appendix A. (b) For an SO2 emitting unit that does not have a certified (or provisionally certified) monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Program, the WEB source shall: Monitoring Provisions -- Corrected August 13, 2003 Draft (1) If the WEB source will use a CEMS to comply with this Section, substitute the maximum potential concentration of SO2 for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75. The procedures for conditional data validation under section 75.20(b)(3) may be used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable; (2) If the WEB source will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gross calorific value for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR Part 75; (3) If the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the SO2 emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or (4) If using a protocol in Appendix A to this Rule, follow the procedures in the applicable protocol. 6. Compliance Deadlines (a) The initial monitoring plan shall be submitted by the following dates: (1) For each source that is a WEB source on or before the Program Trigger Date, the monitoring plan shall be submitted 180 days after such Program Trigger Date. (2) For any existing source that becomes a WEB source after the Program Trigger Date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in which the source exceeded the emissions threshold. (3) For any new WEB source, the monitoring plan shall be included with the permit application for [State or tribe shall include appropriate reference for preconstruction permit program under Title I of the Clean Air Act, including both minor and major new source review programs.] (b) A detailed monitoring plan under Section I2.(b) shall be submitted no later than 45 days prior to commencing certification testing in accordance with the following paragraph (c). (c) Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of this Section I (including any referenced in Appendix A) by the following dates: Monitoring Provisions -- Corrected August 13, 2003 Draft (1) For each source that is a WEB source on or before the Program Trigger Date, two years prior to the start of the first control period as described in Section L of this Rule. (2) For any existing source that becomes a WEB source after the Program Trigger Date, one year after the due date for the monitoring plan under I6(a)(2) of this Rule. (3) For any new WEB source (or any new unit at a WEB source under paragraphs (c)(1) or (c)(2)), the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation. (d) The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in Section I4.(b). (e) For each applicable control period, the WEB source shall submit each quarterly report under Section I8 by no later than 30 days after the end of each calendar quarter and shall submit the annual report under Section I8 no later than 60 days after the end of each calendar year. 7. Recordkeeping (a) Except as provided in Section I7(b), the WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this Rule for a period of five years. In addition, the WEB source shall keep a copy of all Account Certificates of Representation. Unless otherwise requested by the WEB source and approved by [state or tribe], the copies shall be kept on site. (b) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO2, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this Section or in Appendix A to this Rule. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO2 emitting unit that uses a Part 75 monitoring method to meet the requirements of this Section. 8. Reporting (a) Quarterly Reports. For each SO2 emitting unit, the Account Representative shall submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be in a format specified by [state or tribe] to include hourly and quality assurance activity information and shall be submitted in a manner compatible with the emissions tracking database designed for the WEB Trading Program. If the WEB source submits a Monitoring Provisions -- Corrected August 13, 2003 Draft quarterly report under 40 CFR Part 75 to the U.S. EPA Administrator, no additional report under this paragraph (a) shall be required, provided, however, that [state or tribe] may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO2 mass emissions) be submitted separately to [state or tribe]. (b) Annual Report. Based on the quarterly reports, each WEB source shall submit an annual statement of total annual SO2 emissions for all SO2 emitting units at the source. The annual report shall identify the total emissions for all units monitored in accordance with Section I1(a) of this Rule and the total emissions for all units with emissions estimated in accordance with Section I1(b) of this Rule. The annual report shall be submitted within 60 days after the end of a control period. (c) If the [State or tribe] so directs, that any monitoring plan, report, certification, recertification, or emissions data required to be submitted under this Section shall be submitted to the Tracking System Administrator. (d) [State or tribe] may review and reject any report submitted under this Section I7 that contains errors or fails to satisfy the requirements of this Section, and the Account Representative shall resubmit the report to correct any deficiencies. 9. Petitions (a) A WEB source may petition for an alternative to any requirement specified in Section I1(a)(2). The petition shall require approval of [state or tribe] and the U.S. EPA Administrator. Any petition submitted under this paragraph shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information: (1) Identification of the WEB source and applicable SO2 emitting unit(s); (2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (3) A description and diagram of any equipment and procedures used in the proposed alternative, if applicable; (4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of this Rule and that any adverse effect of approving such alternative will be de minimis; and (5) Any other relevant information that [state or tribe] may require. Monitoring Provisions -- Corrected August 13, 2003 Draft 10. Consistency of Identifying Information For any monitoring plans, reports, or other information submitted under Section I of this Rule, the WEB source shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate of representation for the WEB source submitted under Section E of this Rule. K. Use of Allowances from a Previous Year Add following sentence to Section K2: Because all allowances held in a special reserve compliance account for a WEB source that monitors certain units in accordance with Section I1.(b) of this Rule will be deducted for compliance for each control period, no banking of such allowances for use in a subsequent year is permitted by this Rule. L. Compliance Insert paragraph such as the following, based on changes made in response to Lee' redline/strikeout of section L: (c) Compliance with allowance limitations shall be determined as follows: (1) The total annual SO2 emissions for all SO2 emitting units at the source that are monitored under Section I1.(b) of this Rule, as reported by the source in Section I8(b) or (d) of this Rule, and recorded in the emissions tracking database shall be compared to the allowances held in the source=s special reserve compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with Section K of this Rule. If the emissions are equal to or less than the allowances in such account, all such allowances shall be retired to satisfy the obligation to hold allowances for such emissions. If the total emissions from such units exceeds the allowances in such special reserve account, the WEB source shall account for such excess emissions in the following paragraph (2). (2) The total annual SO2 emissions for all SO2 emitting units at the source that are monitored under Section I1.(a) of this Rule, as reported by the source in Section I8(b) or (d) of this Rule, and recorded in the emissions tracking database, together with any excess emissions as calculated in the preceding paragraph (1), shall be compared to the allowances held in the source=s compliance account as of the Monitoring Provisions -- Corrected August 13, 2003 Draft allowance transfer deadline for the current control period, adjusted in accordance with Section K of this Rule. (d) Other than allowances in a special reserve compliance account for units monitored under Section I1(b) of this Rule, to the extent consistent with Section K of this Rule, allowances shall be deducted for a WEB source for compliance with the allowance limitation as directed by the WEB source=s Account Representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first-in, first-out accounting basis in the order of the date and time of their recording in the WEB source=s compliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances transferred to the WEB source=s compliance account from another compliance account or general account. The allowances held in a special reserve compliance account pursuant to Section I1.(b) of this Rule shall be deducted as specified in paragraph (c)(1) of this Section L. Monitoring Provisions -- Corrected August 13, 2003 Draft APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices 1. Applicability (a) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries. (b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery. (c) Fuel gas means any gas which is generated and combusted at a petroleum refinery. Fuel gas does not include(1) natural gas, unless combined with other gases generated at a petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, (3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or malfunctions. 2. Monitoring Requirements (a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content (reported as H2S) of the fuel gas mixture prior to combustion, and continuous fuel flow meters to determine the amount of fuel gas burned. (1) Fuel gas combustion devices having a common source of fuel gas may be monitored for sulfur content at one location, if monitoring at that location is representative of the sulfur content of the fuel gas being burned in any fuel gas combustion device. (2) The CFGMS shall meet the performance requirements in Performance Specification 2 in Appendix B to 40 CFR Part 60, and the following: (i) Continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H2S. (ii) Have the span value set so that the majority of readings fall between 10 and 95% of the range. Monitoring Provisions -- Corrected August 13, 2003 Draft (iii) (iv) Record negative values of zero drift. Calibration drift shall be # 5.0% of the span, for initial certification and daily calibration error tests. (v) Methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a bias test in accordance with paragraph 4.(c) of this section. (3) All continuous fuel flow meters shall comply with the provisions of section 2.1.5 of Appendix D to 40 CFR Part 75. (4) The hourly mass SO2 emissions rate for all the fuel gas combustion devices monitored by this approach shall be calculated using the following equation: Et = (CS)(Qt)(K) where: (b) Et = Total SO2 emissions in lb/hr from applicable fuel gas combustion devices CS = Sulfur content of the fuel gas as H2S(ppmv) Qt = Fuel gas flow rate to the applicable fuel gas combustion devices (scf/hr) K = 1.660 x 10-7 (lb/scf)/ppmv In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 CEMS, a flow CEMS, and (if necessary) a moisture monitoring system at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/scf fuel gas burned) of all applicable fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with paragraph (a), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. (1) Each CEMS for SO2, flow, and (if applicable) moisture, shall comply with the operating requirements, performance specifications, and quality assurance requirements of 40 CFR Part 75. (2) All continuous fuel flow meters shall comply with the provisions of section 2.1.5 of Appendix D to 40 CFR Part 75. (3) The SO2 hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall be Monitoring Provisions -- Corrected August 13, 2003 Draft determined by the ratio of the amount of fuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using the following equation: Et = (E m)(Qt)/(Qm) where: Et = Total SO2 emissions in lb/hr from applicable fuel gas combustion devices Em = SO2 emissions in lb/hr from the CEMS-monitored fuel gas combustion device, calculated using Equation F-1 or (if applicable) F-2 in Appendix F to 40 CFR Part 75 Qt = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices Qm = Fuel gas flow rate (scf/hr) to the CEMS-monitored fuel gas combustion device (c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO2 diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS-monitored fuel gas combustion device. (1) Each SO2-diluent CEMS shall comply with the applicable provisions for SO2 monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix F to Part 75 for determining SO2 emission rate (lb/mmBtu) by substituting the term SO2 for NOx in that section, and using a K factor of 1.660 x 10-7 (lb/scf)/ppmv instead of the NOx K factor. (2) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine the heat input rate from the fuel gas shall comply with the applicable provisions in sections 2.1.5 and 2.3.4 of Appendix D to 40 CFR Part 75. (3) The SO2 hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall be calculated by using the following equation: Et = (E m) (Qt)(GCV)/106 where: Monitoring Provisions -- Corrected August 13, 2003 Draft Et = Total hourly SO2 mass emissions in lb/hr from the applicable fuel gas combustion devices Em = SO2 emission rate in lb/mmBtu from the CEMS monitored fuel gas combustion device Qt = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices GCV = Fuel Gross Calorific Value (Btu/scf) 106 = Conversion from Btu to million Btu (d) Calculate total SO2 mass emissions for each calendar quarter and each calendar year based on the emissions in lb/hr and Equations F-3 and F-4 in Appendix F to 40 CFR Part 75, Appendix F. 3. Certification/Recertification Requirements All monitoring systems are subject to initial certification and recertification testing as follows: (a) The owner or operator shall comply with the initial testing and calibration requirements in Performance Specification 2 in Appendix B to 40 CFR Part 60 and paragraph 2 (a)(2) of this section for each CFGMS. (b) Each CEMS for SO2 and flow or each SO2-diluent CEMS shall comply with the testing and calibration requirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, except that each SO2diluent CEMS shall meet the relative accuracy requirements for a NOxdiluent CEMS (lb/mmBtu). (c) A continuous fuel flow meter shall comply with the certification and quality-assurance requirements in sections 2.1.5 and 2.1.6 to Appendix D to 40 CFR Part 75. 4. Quality Assurance/Quality Control Requirements (a) A quality assurance/quality control (QA/QC) plan shall be developed and implemented for each CEMS for SO2 and flow or the SO2-diluent CEMS in compliance with sections 1, 1.1, and 1.2 of Appendix B to Part 75. (b) A QA/QC plan shall be developed and implemented for each continuous fuel flow meter and fuel sampling and analysis in Monitoring Provisions -- Corrected August 13, 2003 Draft compliance with sections 1, 1.1, and 1.3 of Appendix B to 40 CFR Part 75. (c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance with sections 1 and 1.1 of Appendix B to 40 CFR Part 75, and the following: (i) Perform a daily calibration error test of each CFGMS at two gas concentrations, one low level and one high level. Calculate the calibration error as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the error is greater than 5.0% of the span value. (ii) In addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily calibration error test is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may affect the monitor measurements, or after making manual calibration adjustments. (iii) Perform a linearity test once every operating quarter. Calculate the linearity as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the linearity error is greater than 5.0 percent of a reference value, and the absolute value of the difference between average monitor response values and a reference value is greater than 5.0 ppm. (iv) Perform a relative accuracy test audit once every four operating quarters. Calculate the relative accuracy as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the relative accuracy is greater than 20.0% of the mean value of the reference method measurements. (v) Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required. 5. Missing Data Procedures (a) For any period in which valid data are not being recorded by an SO2 CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute data in accordance with the requirements in Subpart D of 40 CFR Part 75. Monitoring Provisions -- Corrected August 13, 2003 Draft (b) For any period in which valid data are not being recorded by an SO2diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in accordance with the requirements for SO2 monitors in Subpart D of 40 CFR Part 75. (c) For any period in which valid data are not being recorded by a continuous fuel flow meter or for fuel gas GCV sampling and analysis specified in this section, missing or invalid data shall be replaced with substitute data in accordance with missing data requirements in Appendix D to 40 CFR Part 75. (d) For any period in which valid data are not being recorded by the CFGMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in section 2.4 of Appendix D to 40 CFR Part 75. 6. Monitoring Plan and Reporting Requirements In addition to the general monitoring plan and reporting requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements: (a) The monitoring plan shall identify each group of units that are monitored by a single monitoring system under this Protocol WEB-1, and the plan shall designate an identifier for the group of units for emissions reporting purposes. For purpose of submitting emissions reports, no apportionment of emissions to the individual units within the group is required. (b) If the provisions of paragraphs 2.(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO2 emission rate from the monitored unit is representative of the rate from non-monitored units. Monitoring Provisions -- Corrected August 13, 2003 Draft Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure Fabric Filter 1. Applicability The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter, (2) combust only a single fuel, no fuel blends, and (3) have operating conditions upstream of the fabric filter that the WEB source documents would reasonably prevent reliable flow monitor measurements. This protocol does not modify the SO2 monitoring requirements in section I of this Rule. 2. Monitoring Requirements (a) A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow monitoring system (PFMS) to determine the hourly kiln exhaust gas flow. (b) A PFMS is the total equipment necessary for the determination of exhaust gas flow using process or control device operating parameter measurements and a conversion equation, a graph, or computer program to produce results in cubic feet per hour. (c) The PFMS shall meet the following performance specifications: (1) Sensors readings and conversion of sensor data to flow in cubic feet per hour must be automated. (2) The PFMS must allow for the automatic or manual determination of failed monitors. At a minimum a daily determination must be performed. (3) The PFMS shall have provisions to check the calibration error of each parameter that is individually measured. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The reference value need not be certified. (4) The relative accuracy of the PFMS must be < 10.0% of the reference method average value, and include a bias test in accordance with paragraph 4(c) of this section. 3. Certification Requirements Monitoring Provisions -- Corrected August 13, 2003 Draft The PFMS is subject to initial certification testing as follows: (a) Demonstrate the ability of the PFMS to identify automatically or manually a failed monitor. (b) Provide evidence of calibration testing of all monitoring equipment. Any tests conducted within the previous 12 months of operation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certification purposes. (c) Perform an initial relative accuracy test over the normal range of operating conditions of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required. 4. Quality Assurance/Quality Control Requirements A QA/QC plan shall be developed and implemented for each PFMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following: (a) Perform a daily monitor failure check. (b) Perform calibration tests of all monitors for each parameter included in the PFMS. At a minimum, calibrations shall be conducted prior to each relative accuracy test audit. (c) Perform a relative accuracy test audit and accompanying bias test once every four operating quarters. Calculate the relative accuracy (and bias adjustment factor) as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the flow relative accuracy is greater than 10.0% of the mean value of the reference method. 5. Missing Data For any period in which valid data are not being recorded by the PFMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the flow monitor missing data requirements for non-load based units in Subpart D of 40 CFR Part 75. 6. Monitoring Plan Requirements In addition to the general monitoring plan requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements: Monitoring Provisions -- Corrected August 13, 2003 Draft (a) The monitoring plan shall document the reasons why stack flow measurements upstream of the fabric filter are unlikely to provide reliable flow measurements over time. (b) The initial monitoring plan shall explain the relationship of the proposed parameters and stack flow, and discuss other parameters considered and the reasons for not using those parameters in the PFMS. The [state or tribe] may require that the subsequent monitoring plan include additional explanation and documentation for the reasonableness of the proposed PFMS. This page left intentionally blank. PUBLIC HEARING ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY ON NOTICE OF PROPOSED RULEMAKING AND REVISION TO REGIONAL HAZE STATE IMPLEMENTATION PLAN FOR SO2 MILESTONES AND BACKSTOP TRADING PROGRAM The Arizona Department of Environmental Quality (ADEQ) will hold a public hearing to receive comments on a proposed rule and the associated revision to the Regional Haze State Implementation Plan for the SO2 Milestones and Backstop Trading Program. The proposed rule would implement federal regional haze requirements for applicable stationary sources to monitor and report sulfur dioxide (SO2) emissions to determine if the SO2 emission caps for the region have been exceeded. A public hearing will be held on Wednesday, October 13, 2004, 4:30 p.m., Room 250, ADEQ, 1110 W. Washington Street, Phoenix, Arizona. All interested parties will be given an opportunity at the public hearing to submit relevant comments, data, and views, orally and in writing. All written comments must be received at ADEQ by the close of the public hearing on October 13, 2004. All written comments should be addressed, faxed, or e-mailed to: Deborrah ACorky@ Martinkovic Air Quality Planning Section Arizona Department of Environmental Quality 1110 W. Washington Street Phoenix, AZ 85012-2905 FAX: (602) 771-2366 E-Mail: martinkovic.deborrah@ev.state.az.us A copy of the proposed rule will be available for review beginning September 10, 2004, at the following location, and ADEQ’s Web site at http://www.adeq.state.az.us/function/laws/rules.html. Arizona Department of Environmental Quality First Floor Library 1110 W. Washington Street Phoenix, Arizona 85012 Lorraine Cona, (602) 771-4335 This page left intentionally blank. This page left intentionally blank. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Janet Napolitano Governor 1110 W. Washington Street • Phoenix, Arizona 85007 (602) 771-2300 • www.adeq.state.az.us Stephen A. Owens Director AGENDA Air Quality Division Rule and SIP Revision Public Hearing SO2 Milestones and Backstop Trading Program Supplemental Proposed Rule and Regional Haze State Implementation Plan Wednesday, October 13, 2004, 4:30 p.m. Room 250, Arizona Department of Environmental Quality 1110 West Washington Street, Phoenix, Arizona Pursuant to ARS § 49-425 for air quality rule hearings, notice is hereby given that the above referenced meeting is open to the public. 1. Welcome and Introductions 2. Purposes of the Oral Proceeding 3. Procedure for Making Public Comment 4. Brief Overview of the Proposed WEB Trading Program Rule and Related SIP Revision 5. Question and Answer Period 6. Oral Comment Period 7. Adjournment of Oral Proceeding Order of agenda items is subject to change. For additional information regarding the meeting, please call Corky Martinkovic, ADEQ Air Quality Division, at (602) 771-2372 or 1-800-234-5677, Ext. 771-2372. Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting Katie Huebner at (602) 771-4794 or 1-800-234-5677, Ext. 4794. Requests should be made as early as possible to allow sufficient time to make the arrangements for the accommodation. This document is available in alternative formats by contacting ADEQ TDD phone number at (602) 771-4829. Northern Regional Office 1515 East Cedar Avenue • Suite F • Flagstaff, AZ 86004 (928) 779-0313 Southern Regional Office 400 West Congress Street • Suite 433 • Tucson, AZ 85701 (520) 628-6733 Printed on recycled paper This page left intentionally blank. This page left intentionally blank. TRANSCRIPT OF PUBLIC HEARING ARIZONA’S WEB TRADING PROGRAM RULE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY Phoenix, Arizona October 13, 2004 4:30 p.m. 1 2 SO2 Backstop Market Trading Program Rule (Supplement to WEB Trading Program Rule) & Revision to 2003 Regional Haze State Implementation Plan 3 Oral Proceeding Hearing Officer Script 4 5 6 October 13, 2004 7 8 9 HEARING OFFICER MARTHA SEAMAN: Good afternoon, thank you for 10 coming. I now open this oral proceeding on the proposed rule for the SO2 Milestones and 11 Backstop Trading Program, Supplement to the previously proposed WEB Trading 12 Program Rule, and the related revision to the 2003 Regional Haze State Implementation 13 Plan. 14 It is now Wednesday, October 13, 2004, 4:35 p.m. The location is Room 250, 15 Arizona Department of Environmental Quality, Phoenix, Arizona. My name is Martha 16 Seaman and I have been appointed by the Director of the Arizona Department of 17 Environmental Quality to preside at this hearing. 18 The purposes of this proceeding are to provide the public an opportunity to: 19 first, hear about the substance of the proposed rule and related revision to the regional 20 haze state implementation plan or SIP, secondly, ask questions regarding the proposed 21 rule and SIP revision, and third, present oral argument, data and views regarding the 22 proposed rule and SIP revision in the form of comments on the record. 23 24 Corky Martinkovic of the Air Quality Planning Section and I are representing the Department. 1 1 The proposed rule was released for public comment on September 10, 2004. The 2 public notice appeared in the Arizona Republic and ADEQ’s website. It was also 3 published in the Arizona Administrative Register on September 10, 2004. 4 The procedure for making a public comment on the record is straightforward. If 5 you wish to comment, you need to fill out a speaker slip, which is available at the sign-in 6 table, and give it to me. Using speaker slips allows everyone an opportunity to be heard 7 and allows us to match the name on the official record with the comments that we have 8 received. 9 You may also submit written comments to me today. Please note, the comment 10 period for the proposed rule and SIP revision ends at the close of today’s public hearing. 11 Comments made during the formal comment period are required by law to be 12 considered by the Department in the preparation of the final state implementation plan. 13 This is done through the preparation of a responsiveness summary in which the 14 Department responds in writing to written and oral comments made during the formal 15 comment period. 16 17 The agenda for this hearing is simple. First, we will present a brief overview of the proposed state implementation plan. 18 Next, I will conduct a question and answer period. The purpose of the question 19 and answer period is to provide information that may help you in making comments on 20 the record on the proposed state implementation plan. 21 22 Thirdly, I will conduct the oral comment period. At that time, I will begin to call speakers in the order that I have received speaker slips. 2 1 Please be aware that any comments you make at today's hearing that you want the 2 Department to formally consider must be given either in writing or on the record during 3 the oral comment period of this proceeding. ***** 4 5 6 7 At this time, Corky Martinkovic will give a brief overview of the proposed rule and related revision to the Regional Haze State Implementation Plan. In 1999, EPA established the federal Regional Haze Rule requiring States to 8 develop state implementation plans to make reasonable progress toward the 9 national visibility goal established by Section 169 of the Clean Air Act. The 10 national goal seeks to remedy existing visibility impairment and prevent future 11 visibility impairment in federally protected national parks and wilderness areas. 12 Arizona has 12 of these federally protected areas known as mandatory federal Class 13 I areas: Grand Canyon National Park, Petrified National Park, Sycamore Canyon 14 Wilderness, Mt. Baldy Wilderness, Sierra Ancha Wilderness, Chiricahua 15 Wilderness, Chiricahua National Monument, Galiuro Wilderness, Mazatzal 16 Wildernss, Saguaro Wilderness, Superstition Wilderness, and Pine Mountain 17 Wilderness. 18 Regional haze is a type of visibility impairment caused by air pollutants 19 emitted by numerous sources across a broad region. 20 stationary sources was found to be a significant contributor to regional haze. In 21 the state of Arizona, stationary sources emitting large quantifies of sulfur dioxide 22 or SO2 include utilities such as coal-fired power plants, along with non-utilities 3 Sulfur dioxide from 1 such as copper smelters, chemical lime plants, pulp and paper plants, and cement 2 plants. 3 One of the primary recommendations of the Grand Canyon Visibility 4 Transport Commission (established under Section 169B of the Clean Air Act to 5 research visibility impairment in the Colorado Plateau) was to establish a backstop 6 market trading program to address sulfur dioxide emissions from stationary 7 sources – backstop due to the approach of triggering the trading program only if 8 specific milestones are not met. The SO2 Milestones and Backstop Trading 9 Program, representing over ten years of work by western states, tribes, and 10 numerous stakeholder groups, became an Annex to the Commission 11 recommendations. The trading program requirements outlined in the Annex were 12 later incorporated into the federal Regional Haze Rule. The Annex also contained 13 a Model Rule to assist participating states in the development of state rules for the 14 trading program. 15 The SO2 Milestones and Backstop Trading Program sets specific milestones 16 for the regional emissions of sulfur dioxide from stationary sources. 17 milestones act as a regional cap that, if exceeded, triggers the trading program. 18 Currently, five western States (Arizona, Utah, New Mexico, Wyoming, and Oregon) 19 have developed implementation plans that include the SO2 Milestones and 20 Backstop Trading Program for stationary sources emitting 100 tons or more of SO2 21 per year. During the past two years, the Western Regional Air Partnership or 22 WRAP, successor organization to the Grand Canyon Visibility Transport 4 These 1 Commission, has worked to refine the Annex’s Model Rule for the trading 2 program. 3 Each state developing a Regional Haze SIP containing the SO2 Milestones 4 and Backstop Trading Program is required to develop a state rule. The Western 5 Backstop SO2 Trading Program (or WEB Trading Program Rule) for Arizona was 6 originally proposed earlier this year with a public hearing on May 17, 2004. The 7 WEB Trading Program Rule included both the pre-trigger monitoring, reporting 8 and recordkeeping requirements included in this Supplemental rulemaking as well 9 as the procedures for the post-trigger trading program. The post-trigger trading 10 program procedures relied heavily on the Model Rule. The Model Rule was used 11 by the participating Western trading states to facilitate their state rulemaking. 12 Reliance on the language and structure of the Model Rule allowed stationary 13 sources to have consistent state rules for the regional program regardless of the 14 state in which they were operating. 15 After the May 17th public hearing, the rulemaking was reviewed by the 16 Governor’s Regulatory Review Council or GRRC. GRRC asked for extensive 17 revisions to meet the structural requirements for Arizona rules. It was ADEQ’s 18 conclusion that the necessary revisions could seriously jeopardize the intent and 19 regional consistency of the trading program. All other states participating in the 20 trading program had relied on the language and structure of the Model Rule. 21 ADEQ worked with the Governor’s Regulatory Review Council to find a way to 22 maintain the post-trigger procedures for the trading program, while also 5 1 maintaining the pre-trigger monitoring, reporting and recordkeeping requirements 2 found in the federal Regional Haze Rule. 3 rulemaking before us today. This rule incorporates by reference the Model Rule 4 already extensively reviewed by stakeholders, other regional states participating in 5 the trading program, and EPA. Approval of the Supplemental Rule and the 6 incorporated Model Rule establishes both the pre-trigger requirements of the SO2 7 Milestones and Backstop Trading Program and post-trigger requirements of the 8 WEB Trading Program Rule. The result is the Supplemental 9 The hearing today also serves as a SIP public hearing. Upon final approval 10 of this Supplemental rulemaking, the effective rule will be included in the 2003 11 Regional Haze SIP as a SIP revision, replacing the previously submitted draft rule. 12 We anticipate that GRRC will hear the final rule on December 7, 2004. ADEQ has 13 14 15 requested an immediate effective date. This concludes the explanation period of this proceeding on the proposed state implementation plan. 16 17 ***** 18 19 Are there any questions before we move to the oral comment period? 6 1 Wayne? 2 WAYNE LEIPOLD: I have one. I think there is something missing in 1611 3 looking at it just now. It says all stationary sources emitting hundred tons or more of 4 sulfur dioxide per year, plus any source that has emissions of hundred tons or more back 5 when the milestones were set is subject to it. 6 CORKY MARTINKOVIC: We start with the 2003 baseline, I mean, correct me if 7 I’m wrong, Ira, but we start with the baseline sources, but we start with the 2003 actual 8 emissions. We start with our first set of record keeping and reporting. Are you saying 9 that we also need to include sources that were part of the compilation of the original 10 milestones? 11 ` IRA DOMSKY: During the baseline period. 12 CORKY MARTINKOVIC: 96 to 99. I’ll check on that. 13 IRA DOMSKY: Well, yeah, if we had to change the rule. 14 CORKY MARTINKOVIC: Yes. Right. 15 MARTHA SEAMAN: Any more questions? 16 This concludes the question and answer period of this proceeding on the proposed 17 18 state implementation plan. ***** 19 I now open this proceeding for oral comments. 20 I have one speaker slip, Wayne Leipold, Phelps Dodge Miami. Mr. Leipold. 7 1 WAYNE LEIPOLD: Good afternoon. I’d like to comment on 18-2-1611(B) 2 where it says all stationary sources that have actual SO2 emissions of one hundred tons or 3 more are subject to this requirement. I believe that any source that was part of the 4 baseline determination when the milestones were set is also subject to this reporting 5 requirement. 6 MARTHA SEAMAN: Thank you for your comment. Any other comments? 7 This concludes the oral comment period of this proceeding. ***** 8 9 If you have not already submitted written comments, you may submit them to me 10 at this time. The comment period for this proposed rule and SIP revision ends with the 11 close of this public hearing. 12 Thank you all for attending. 13 The time is now 4:47 p.m. I now close this oral proceeding. 8 This page left intentionally blank. (Embedded image moved United States Environmental Protection Agency to file: pic15183.jpg) Region IX 75 Hawthorne Street San Francisco, CA 94105-3901 October 13, 2004 Transmittal of EPA Rule Review Comments To: Nancy C. Wrona , Arizona Department Of Environmental Quality ncw@ev.state.az.us From: Andrew Steckel, Rulemaking Office Chief steckel.andrew@epa.gov Re: Visibility; Regional Haze R18-2-1610 to R18-2-1613 We are providing comments based on our preliminary review of the draft rule identified above, dated August 20, 2004. Unless otherwise indicated, paragraph numbers refer to the draft rule referenced above. Please direct any questions about our comments to me at (415) 947-4115 or to Lily Wong at (415) 947-4114. 1. Correction to Regulatory References The following corrections should be made: a. 1610.A. The reference to 40 CFR 51.309(d)(4)(ii) should be 40 CFR 51.309(h)(2). b. 1610.B.3. The reference to 40 CFR 51.309(f)(1)(i) should be 40 CFR 51.309(h)(1). c. 1611.A 51.301. The reference to 40 CFR 51.303 should be 40 CFR 2. 1611 - Applicability It is our understanding that the other Clean Air Act section 309 states have defined the applicability of their pre-trigger rule to include those sources that have actual SO2 emissions of 100 tons or more per year, but they have not included all BART -eligible sources. While we generally recommend consistency with the programs of the other states participating in the section 309 Backstop Trading Program, Arizona would not be prohibited from including such sources in the pre-trigger phase of the program. 3. 1612.A - Retention of Records and Documentation The rule should clarify that all documentation relied upon by a source to determine or calculate emissions are records that are subject to the record retention provision in section 1612.A.8. 4. 1612.A.2 and 1612.A.3 - Submittal of Annual Emissions Report Arizona's requirements should include a specific deadline for submitting the data required in 1612.A.2 and 1612.A.3. 5. 1612.B - Duration and Termination of Pre-trigger Requirements We understand that the intent of this section is to establish a termination date for pre-trigger monitoring, recordkeeping, and reporting (MRR) under this rule. In addition to meeting the 2018 milestone, another basis for terminating the pre-trigger MRR requirements is the beginning of the post-trigger monitoring provisions. The rule should more clearly specify the date that sources will be subject to post-trigger monitoring, recordkeeping, and reporting. 6. 1613 - Western Backstop SO2 Trading Program Trigger The trading program is triggered in accordance with the procedures laid out in the State’s Implementation Plan adopted to comply with 40 CFR 51.309(h)(1) and (3). The rule should refer to these state-adopted procedures directly rather than the general requirements in 40 CFR 51.309(h)(1) and (3) to adopt such procedures. This page left intentionally blank. ** PLEASE NOTE ** At this time, the Notice of Final Rulemaking (NFRM) for the SO 2 Milestones and Backstop Trading Program (Arizona Trading Rule R18-2-1610 through 1613) will not be published in the Arizona Administrative Register until January 14, 2005. The rule became effective December 20, 2004. A codified version of SO2 Milestones and Backstop Trading Program (Arizona Trading Rule R18-2-1610 through 1613) will be sent upon its availability. This page left intentionally blank. NOTICE OF FINAL RULEMAKING TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL ARTICLE 16. VISIBILITY; REGIONAL HAZE PREAMBLE 1. Sections Affected Rulemaking Action R18-2-1610 New Section R18-2-1611 New Section R18-2-1612 New Section R18-2-1613 New Section 2. The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): General Authority: A.R.S. §§ 49-104(A)(10) and 49-425 Specific Authority: A.R.S. §§ 49-458 and 458.01. 3. The effective date of the rules: ADEQ is requesting an immediate effective date upon filing with the Secretary of State. According to A.R.S. 41-1032(2), the immediate effective date is appropriate in order to satisfy EPA approval requirements for the 2003 Arizona Regional Haze State Implementation Plan (SIP) by having an effective rule in place and submitted as a SIP revision by December 31, 2004. 4. A list of all previous notices appearing in the Register addressing the final rules: Notice of Rulemaking Docket Opening: 10 A.A.R. 217, January 9, 2004 Notice of Proposed Rulemaking: 10 A.A.R. 15, April 9, 2004 Notice of Supplemental Proposed Rulemaking: 10 A.A.R. 3752, September 10, 2004 5. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Deborrah “Corky” Martinkovic Address: ADEQ, Air Quality Planning Section, 1110 West Washington Street, Phoenix, NFRM – Trading Program Rule; 11-10-04 1 AZ 85007 Telephone: (602) 771-2372, or dial 800-234-5677 and enter 771-2372 Fax: (602) 771-2366 E-mail: martinkovic.deborrah@azdeq.gov 6. An explanation of the rule, including the agency’s reasons for initiating the rules: Summary. These rules implement federal regional haze requirements for the pre-trigger portion of the SO2 Milestones and Backstop Trading Program by requiring applicable stationary sources to monitor and report sulfur dioxide (SO 2 ) emissions to allow Arizona Department of Environmental Quality (ADEQ) to determine whether a regional SO2 emission milestone has been exceeded. The procedures for applicable stationary sources to participate in a regional backstop market trading program should any milestone be exceeded is outlined in the Model Rule and Model Rule Supplement incorporated by reference in the proposed rule. Background. Section 169A of the Clean Air Act (CAA) establishes a national goal for protecting visibility in federally protected national parks and wilderness areas (“Class I areas;” See 40 CFR 81.403). The goal is to remedy existing visibility impairment and prevent future visibility impairment in these Class I areas. Regional haze is a type of visibility impairment caused by air pollutants emitted by numerous sources across a broad region. In 1999, EPA promulgated a Regional Haze Rule that requires development of state implementation plans (SIPs) that assure “reasonable progress” toward the national visibility goal (64 FR 35714, July 1, 1999). The 1999 Regional Haze Rule (40 CFR 51.309) provided an optional approach for the nine western states that comprised the transport region analyzed by the Grand Canyon Visibility Transport Commission (GCVTC) during the 1990s, including Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, and Wyoming. Arizona, New Mexico, Utah, Oregon, and Wyoming have elected to comply with the Regional Haze Rule by submitting their first SIPs on December 31, 2003, based on the recommendations to improve visibility outlined in the GCVTC’s 1996 Report. This option is also available to eligible Indian Tribes within the geographical regional studied by the GCVTC. Indian Tribes have no deadline for submitting Tribal Implementation Plans (TIPs). NFRM – Trading Program Rule; 11-10-04 2 One element of the GCVTC’s recommendations was a backstop regional trading program to reduce stationary source emissions of SO 2 . The GCVTC identified SO 2 as causing one third of the visibility impairment on the Colorado Plateau, with the majority of those emissions coming from stationary sources. The recommendation called for the setting of a series of declining caps on SO 2 emissions referred to as, “emissions milestones.” These milestones would provide sources incentive to reduce their SO 2 emissions voluntarily through means most economical and feasible to them rather than the conventional command-and-control approach to achieve reductions. Implementation plan assessments of progress and identification of deficiencies are due in the years 2008, 2013, and 2018. The voluntary measures that achieve the milestones were approved by EPA because they must achieve greater reasonable progress than the application and operation of controls under best available retrofit technology (BART). If the voluntary measures do not succeed in reducing SO 2 emissions over time, an enforceable market trading program would be triggered as a “backstop” to ensure the reductions would be met. The Western Regional Air Partnership (WRAP), the successor organization to the GCVTC, authorized a regional work group consisting of affected states, tribes, and EPA regional offices to develop a “model” rule that each participating state would utilize as a standard to establish and operate the Western Backstop SO 2 Trading Program (WEB Trading Program) should any of the milestones be exceeded. The Model Rule and Model Rule Supplement, adopted by the WRAP on August 13, 2003, and incorporated by reference in this rulemaking is available from WRAP at www.wrapair.org. The Model Rule and Model Rule Supplement are also available through ADEQ. Section R18-2-1610 defines terms used specifically in the rulemaking. Two terms that are used in this rule are not included in the definition section because they are already defined in R18-2-101. These terms are, “affecte d source” and “stationary source.” Section R18-2-1611 establishes which applicable stationary sources are required to participate in the pre-trigger requirements of the SO2 Milestones and Backstop Trading Program. R18-2-1612 satisfies the pre-trigger requirements of the Regional Haze Rule at 40 CFR 51.309(d)(4)(ii) and outlines the monitoring, reporting, and recordkeeping requirements for the applicable stationary sources. Section R18-2-1613 covers the transition to the Western Backstop SO 2 Trading Program NFRM – Trading Program Rule; 11-10-04 3 upon the determination that a regional milestone was exceeded and the backstop trading program has been triggered. During this time it is essential that the applicable stationary sources continue the monitoring, reporting, and recordkeeping requirements until the WEB Trading Program is fully implemented, even if an applicable stationary source no longer emits 100 tons per year of SO2 . The Model Rule and Model Rule Supplement outline the specific post-trigger requirements for the affected stationary sources under the Western Backstop SO2 Trading Program. The requirements include the responsibility to select an account representative, register for the program, receive an allocation of allowances (a type of tradable emissions credit), and establish an account to hold the allowances. The applicable stationary sources continue to monitor, report, and maintain records to determine whether they have sufficient annual allowances within their account. Penalties are set should a source fail to comply with the allowance limitation requirements of the program. The Model Rule and Model Rule Supplement also establish a procedure should the 2018 regional milestone be exceeded, and impose a special penalty for 2018, and for any subsequent year regional SO 2 emissions continue to exceed the 2018 milestone. Due to the need to establish the procedures for pre-trigger monitoring, recordkeeping, and reporting as soon as possible as required under 40 CFR 51.309(d)(4)(ii), and to meet the requirements of the 2003 Arizona Regional Haze State Implementation Plan before December 31, 2004, ADEQ requests an immediate effective date as permissible under A.R.S. 41-1032 (A)(2) and 41-1032(A)(3). 7. A refere nce to any study relevant to the rules that the agency reviewed and either relied on in its evaluation of or justification for the rules or did not rely on in its evaluation of or justification for the rules, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material: An Assessment of Critical Mass for the Regional SO2 Trading Program, prepared for Western Regional Air Partnership (WRAP) Market Trading Forum, ICF Consulting Group, September 27, 2002; available through the WRAP Web page at www.wrapair.org or through Arizona Department of Environmental Quality. 8. A showing of good cause why the rule s are necessary to promote a statewide interest if NFRM – Trading Program Rule; 11-10-04 4 the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable 9. The summary of the economic, small business, and consumer impact: A. Rule Identification and Summary This rulemaking comprises new Sections, R18-2-1610 through R18-2-1613. Rule Sections R18-2-1607, R18-2-1608, and R18-2-1609 are reserved. The Sections within Article 16 pertain to visibility and regional haze. Regional haze impairs visibility and is caused by air pollutants emitted by many sources across a region. The Clean Air Act (CAA) establishes a national goal to protect visibility in federally protected parks and wilderness areas, called federal Class I areas (40 CFR 81.403). Arizona has 12 federally protected Class I areas. The region consisted of a nine-state area in the west. Currently, the states participating in the backstop market trading program consist of the states submitting regional haze state implementation plans (SIPs) under Section 309 of the federal Regiona l Haze Rule; namely, Arizona, New Mexico, Utah, Oregon, and Wyoming. The 211 Indian Tribes within the region can also participate in the program through the completion of a tribal implementation plan (TIP) or source-specific implementation plans. The CAA’s national goal is attained by improving existing visibility impairment and preventing future visibility impairment in federally mandated Class I areas. Arizona has 12 Class I areas. Visibility improvements are anticipated by establishing milestones for sulfur dioxide (SO 2 ) reductions over time through voluntary reduction measures as opposed to command-and-control technologies. If the voluntary measures are unsuccessful, however, an enforceable market trading program will be established as a backstop to ensure that the SO2 reductions can be achieved. The greatest reduction in SO 2 emissions is expected to occur during the last milestone, 2014 to 2018 (see Table below). By 2040, the regional goal for SO2 reductions is 52 percent from the 1990 level of 831,000 tons. NFRM – Trading Program Rule; 11-10-04 5 Milestones Cumulative 9 State Region Emission Reductions from 1990 (in tons of SO2 ) 2003 111,000 2008 116,000 2013 176,000 2018 321,000 This rule implements procedures for Arizona sources participating in the Western Backstop SO2 Trading Program as required under the federal Regional Haze Rule (40 CFR 51.309). The rule will require stationary sources subject to this rule making to monitor and report SO2 emissions as a way to determine whether SO2 emission milestones have been exceeded, and if so, require the sources to participate in the Western Backstop SO2 Trading Program. Arizona’s SO 2 emissions will be tracked annually along with other participating states and tribes, and analyzed in a regional milestone report submitted to EPA within a year after each milestone date. B. Entities Directly Affected Potential entities directly impacted by this rulemaking include Arizona stationary sources with actual SO2 emissions of 100 tons or more per year. These sources include: Five coalfired power plants (utilities), two cement plants, two lime plants, one pulp and paper plant, and three smelters (including one smelter that has suspended operations). The latter eight sources are generally categorized as non-utilities. Other entities include air pollution control manufacturers and vendors; contractors; consultants; lawyers; Arizona Department of Environmental Quality (ADEQ) as the implementing agency; and private persons and consumers. Potential post-trigger sources include: BART-eligible sources (best available retrofit technology sources as defined in 40 CFR 51.301); other stationary sources not meeting the criteria set forth in R18-2-1611, with actual SO2 emissions of 100 tons or more per year in the trigger years or subsequent years; and other stationary sources regulated under Section 111 or 112 of the CAA (after August 7, 1980). NFRM – Trading Program Rule; 11-10-04 6 C. Potential Costs and Benefits It should be noted that the analysis outlined here includes both the pre-trigger and post-trigger costs and benefits of the trading program. The post-trigger requirements of the program can be found in the Model Rule and Model Rule Supplement incorporated by reference in the proposed rulemaking. The Model Rule and Model Rule Supplement are available at the Western Regional Air Partnership (WRAP) at www.wrapair.org and at ADEQ. Before summarizing the preliminary costs and benefits of this rulemaking, it is necessary to discuss the nine-state region as a whole, as well as generalizations about Arizona sources impacted by this rulemaking. All dollar amounts represent 1997 dollars (as provided in the ICF study cited in section 7 of the preamble to this rule). Due to inflation, consumer prices have risen approximately 15 percent between 1997 and 2003. Likewise, one can expect capital investments and other compliance costs to also be higher now than in 1997. Compliance costs are expected to be lowest if all states and tribes participate in the trading program because this will result in the greatest gains from trading. For example, annual compliance costs for the region could be as much as $90 million less in 2018 under the trading option compared to states and tribes implementing command-and-control programs.1 Arizona is one state in which sources are expected to have greater compliance costs under command-and-control. Consequently, sources located in Arizona are expected to experience the greatest cost-saving benefits from participating in the trading program. This is due partially to expectations that Arizona will be a net buyer of trading allowances. Thus, because Arizona has opted to participate in the trading program, not only will the Arizona sources experience lower compliance costs, but so will the entire region. States in the nine-state region and 211 tribal areas may choose not to participate in the regional trading program and fulfill regional haze requirements by implementing command1 Anticipated annual savings are the difference between the estimated costs for implementing command-and-control at $210 million vs. $120 million for all states and tribes participating in a full trading program. The amount of emissions reduction would be about the same under either program approach. The amount of actual cost savings could change based on which and how many states and tribes elect to opt out of the trading program. See ICF Consulting Group, An Assessment of Critical Mass for the Regional SO2 Trading Program, prepared for Western Regional Air Partnership Market Trading Forum, September 27, 2002. NFRM – Trading Program Rule; 11-10-04 7 and-control BART technology and satisfy Section 51.308 requirements of the federal Regional Haze Rule. States and tribes electing not to participate in the program, however, will make the regional program less flexible and increase compliance costs not only for themselves but for other program participants. Program flexibility means that sources can reduce SO2 emissions by installing pollution control equipment if that option represents a relatively lower cost alternative, or sources could purchase allowances if the market offers a less expensive means of reducing SO 2 emissions. For example, allowances could be sold to older sources at a price that is lower than the cost per ton of SO 2 emissions abatement for these sources. Regulatory Agencies ADEQ expects to be impacted minimally by its review of monitoring plans and reports from sources as well as its participation in the tracking system requirements, which will be managed and funded by an outside, regional administrator. The current number of ADEQ employees can be expected to handle the workload generated by this program. Regulated Community Owners and operators of applicable sources are required to monitor, report, and maintain records of their SO 2 emissions during the pre-trigger stage of the program established by this rulemaking. These sources already monitor and report emissions under existing stationary source requirements, but may have some additional costs due to an increase in the record retention requirement from five years to ten years. The additional pre-trigger monitoring, reporting, and recordkeeping requirements under the rule should have minimal impact. During this pre-trigger stage, owners and operators of sources can plan how they would reduce SO2 emissions according to their own timeframes. The incorporation of a pre-trigger time period is vital to the sources by allowing them flexibility to plan and select the optimal compliance strategy. Under command-and-control, sources are much more restricted in developing compliance options. In contrast, a trading program allows increased flexibility for sources to plan how to comply with SO 2 emissions caps and the best strategy for implementing compliance options. This preparation time can be viewed as the foundation for numerous cost-saving benefits to develop in the future. For example, sufficient time is needed to evaluate market conditions relating to demand and NFRM – Trading Program Rule; 11-10-04 8 resource inputs. Additionally, a source may want to evaluate a variety of variables and options, such as emission variations, production costs, competition, economic profit, expansion capabilities, retrofit possibilitie s, investments in new technologies, etc. The pretrigger time provides sources with a mechanism to successfully implement plans with a potential for significant cost-saving benefits. Should the regional SO 2 emissions cap be exceeded, stationary sources would have an alternative means of reducing SO 2 emissions through tradable allowances, as opposed to having pollution control equipment installed under command-and-control. The regulated community would register for the trading program, select an account representative, and subsequently receive allowances in its compliance accounts. Monitoring would continue to determine whether sources have sufficient annual allowances in their respective accounts to operate. Compliance costs could include fuel costs, annualized capital investments, and operation and maintenance expenditures. Some of the expenditures could include investments in new capacity. According to ICF Consulting Group, 2 Arizona’s owners and operators of affected sources would experience annual incremental compliance costs by 2013 of $25 million if participating in the trading program or $37 million if complying through command-andcontrol. By 2018, annual compliance costs for owners and operators of Arizona’s sources are expected to be $25 million for participating in the trading program and $40 million for command-and-control. It is anticipated that Arizona will have more total SO 2 emissions from its affected sources than its emissions budget (i.e., a negative net-allowance budget). Because approximately one-third of the SO 2 emission reductions from participating states will come from Arizona sources, Arizona would be a net buyer of trading allowances from out-of-state suppliers. Estimated allowances needed are expected to be in the range of 10,000 to 20,000 tons of SO 2 , not including any intrastate trades. Based on an estimated allowance price of $1,100 to $2,100 per ton of SO 2 , Arizona=s sources may have to expend between $11 million to $42 million to purchase allowances from Indian tribes or sources in other states.3 Arizona sources 2 An Assessment of Critical Mass for the Regional SO2 Program, ICF Consulting Group, 2002. 3 Costs per ton are dependent upon several factors, such as transaction costs, market power, risk, and NFRM – Trading Program Rule; 11-10-04 9 could use allowances to avoid some of the high costs of investing in pollution control equipment. Owners and operators of sources participating in the trading program will incur additional compliance costs due to administrative burdens. These costs fall under post-trigger monitoring, recordkeeping, and reporting requirements, and include the preparation of monitoring plans and compliance certification reports. These costs are expected to be minimal in comparison to costs that would be incurred under a straight command-and-control program. Additionally, owners and operators of sources out of compliance will incur penalties in the form of allowance deductions and assessments of $5,000 per ton per violation. Other civil and criminal penalties also could be assessed. Consumers and Public ADEQ anticipates that reductions in SO 2 through implementation of this rule will generate benefits for the public at large. These benefits include improvement in visibility, human health, and a possible decrease in acid rain deposition. 4 Air quality changes are expected to improve visibility in national parks and wilderness areas, as well as other areas within the transport region. Potential human health benefits are expected to accrue because SO2 emissions can aggravate asthma. Reductions in SO 2 emissions could also avert or reduce acute illnesses or ailments (e.g., shortness of breath, chest tightness, or wheezing). Health gains also could include reduced hospital admissions for respiratory and cardiovascular problems. Avoidance of premature deaths is also a likely possibility. Sources may pass on increased compliance costs to consumers. Thus, increases in production costs may be reflected in higher prices for goods. Even though the health and welfare benefits are for the most part unquantifiable, it is believed that probable economic benefits will exceed probable costs of this rulemaking, particularly because the compliance costs of a trading program are less than those of a command-and-control emissions reduction program. market inefficiencies. 4 U.S. EPA and National Park Service, 2018 Milestone Reductions Benefits Assessment, August 11, 2000. NFRM – Trading Program Rule; 11-10-04 10 D. Potential Impacts to Small Businesses A variety of methods is available to reduce the impact of a rulemaking on small businesses. A.R.S. §41-1035 prescribes five methods for reducing the impact. These methods include establishing less stringent compliance or reporting requirements, less stringent schedules or deadlines for compliance or reporting requirements, simplified reporting requirements, replacing design or operational standards with performance requirements, or exempting small businesses from some or all rule requirements. None of these methods, however, is feasible or fall within the requirements of this rulemaking. Furthermore, applicable sources are expected to be large sources and not classified as small businesses. Sources undergoing modifications that could produce actual SO 2 emissions of 100 tons or more per year would become applicable sources. Potentially, some of these sources could be classified as small businesses. 10. A description of the changes between the proposed rules, including supplemental notices, and final rules (if applicable): A Notice of Proposed Rulemaking (10 A.A.R. 15, April 9, 2004) and public hearing held May 17, 2004, were summarized in the Notice of Final Rulemaking (NFRM) submitted to the Governor’s Regulatory Review Council (GRRC) staff on June 21, 2004. Upon GRRC’s preliminary review of the NFRM, it was ADEQ’s conclusion that the revisions necessary to meet particular regulatory requirements could je opardize the intent and consistency of the post-trigger (i.e., actual trading program procedures) portion of the rule. Because the Model Rule developed for the states participating in the program is the basis for all state-specific rules developed for the post-trigger portion of the program, ADEQ discussed the option of incorporation of the Model Rule for the post-trigger portion of the rule. The proposed rule was then revised to maintain the pre-trigger portion of the originally proposed rule (R18-21607 through 1613), and the post-trigger portion of the originally proposed rule (R18-2-1614 through 1623) was eliminated with the Model Rule incorporation substituting for those deleted sections. The revised rule was then submitted as a Supplemental Proposed Rulemaking (10 A.A.R. 37, September 10, 2004) with a public hearing held October 13, 2004. Changes made to the Supplemental Proposed Rule reflect minor grammatical and technical changes for clarity and conciseness, along with revisions made as a response to comments received. Those changes include: NFRM – Trading Program Rule; 11-10-04 11 1. R18-2-1610(A). This rule implements the pre-trigger provisions of the SO 2 Milestones and Backstop Trading Program required under 40 CFR 51.309(d)(4)(ii) 40 CFR 51.309(h)(2). Nothing in this Article waives any requirement otherwise in effect or subsequently required under any other law, including rules governing new sources. R18-2-1610(B)(3). “Milestone” means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018 as provided in 40 CFR 51.309(f)(1)(i) 40 CFR 51.309(h)(1). R18-2-1611(A). All BART-eligible sources as defined in 40 CFR 51.303 40 CFR 51.301 that are BART-eligible due to SO 2 emissions. 2. R18-2-1612(A)(8) now reads, “Retain all records required under this Section for a minimum of 10 years from the date of record creation, or if the records was were the basis for an adjustment to a milestone under 40 CFR 51.309(h)(1), 5 years from the date of a state implementation plan revision, whichever is longer.” 3. R18-2-1612(A)(2) now reads, “Submit to the Director an annual inventory of SO 2 emissions, beginning with the 2003 emission inventory by the date specified in R18-2327(A)”. R18-2-1612(A)(3) now reads, “Submit to the Director, if the stationary source is a smelter, an annual report of sulfur input in tons per year with the submission of the annual emissions inventory as required by subsection (A)(2)”. 4. R18-2-1612(B)(1)(a) through (c) has been revised to R18-2-1612(B) in order to specify a date in the event the program is triggered, and now reads, “Any stationary source that meets the criteria of R18-2-1611 at any time after December 10, 2004, shall continue to comply with R18-2-1612 even if the source no longer has actual SO 2 emissions of 100 tons per year or more until either one year after the date of program trigger, or the Director determines under 40 CFR 51.309(h)(3) that the regional SO2 2018 milestone was achieved.” 11. A summary of the comments made regarding the rule and the agency response to them: A total of seven comments were received on the Supplemental Proposed Rulemaking. NFRM – Trading Program Rule; 11-10-04 12 Comment No. 1: Corrections to regulatory references. Response: Corrections were made as shown in number 1, section 10 of this final rulemaking. Comment No. 2: The rule should clarify that all documentation relied upon by a source to determine or calculate emissions are records that are subject to the record retention provision in section R18-2-1612(A)(8). Response: The rule has been revised at R18-2-1612(A)(8) to include “all” as shown in number 2, section 10 of this final rulemaking. Comment No. 3: Arizona’s requirements should include a specific deadline for submitting the data required in R18-2-1612(A)(2). Response: The rule has been revised to include a specific deadline as shown in number 3, section 10 of this final rulemaking. The deadline is equivalent to the deadline already specified in the reporting requirements outlined in Title 18, Chapter 2, Article 3, of the Arizona Administrative Code; specifically, R18-2-327(A). Comment No. 4: We understand that the intent of this section is to establish a termination date for pre-trigger monitoring, recordkeeping, and reporting under this rule. In addition to meeting the 2018 milestone, another basis for terminating the pre-trigger requirements is the beginning of the post-trigger monitoring provisions. The rule should more clearly specify the date that sources will be subject to post-trigger monitoring, recordkeeping, and reporting. Response: The program trigger is an event and cannot be given a specific date. The rule has been revised to clarify that one year after the program is triggered is the transition period between pre-trigger requirements and post-trigger requirements. Comment No. 5: The trading program is triggered in accordance with the procedures laid out in the State’s Implementation Plan adopted to comply with 40 CFR 51.309(h)(1) and (3). The rule should refer to these state-adopted procedures directly rather than the general requirements in 40 CFR 51.309(h)(1) and (3) to adopt such procedures. Response: A.R.S. § 41-1028 prohibits incorporation by reference of standards or regulations without an effective date. Arizona Regional Haze State Implementation Plan is yet to be approved and has no effective date. Sources are directed to the specific state implementation plan procedures within the procedures cited in the CFR. NFRM – Trading Program Rule; 11-10-04 13 Comment No. 6: In R18-2-1611(B) where it says all stationary sources that have actual SO2 emissions of 100 tons or more are subject to this requirement, I believe that any source that was part of the baseline determination when the milestones were set is also subject to this reporting requirement. Response: 40 CFR 51.309(h)(2)(i) states that the plan must provide for annual emission monitoring and reporting beginning with the calendar year 2003, for all sources with actual emissions of sulfur dioxide of 100 tons per year or more as of 2003, and all sources with actual emissions of 100 tons or more per year in any subsequent year. 12. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class rules: Not applicable 13. Incorporation by reference and their location in the rule: Incorporations by reference Location Western Backstop SO 2 Trading Program Model R18-2-1613 Rule and Model Rule Supplement 14. Were these rules previously adopted as emergency rules? No 15. The full text of the rules follows: NFRM – Trading Program Rule; 11-10-04 14 TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL ARTICLE 16. VISIBILITY; REGIONAL HAZE Section R18-2-1610. SO2 Milestones and Backstop Trading Program; Definitions R18-2-1611. Applicability R18-2-1612. Pre-trigger Monitoring, Recordkeeping and Reporting R18-2-1613. Western Backstop SO 2 Trading Program Trigger NFRM – Trading Program Rule; 11-10-04 15 ARTICLE 16. VISIBILITY; REGIONAL HAZE R18-2-1607. Reserved R18-2-1608. Reserved R18-2-1609. Reserved R18-2-1610. SO 2 Milestones and Backstop Trading Program; Definitions A. This rule implements the pre-trigger provisions of the SO2 Milestones and Backstop Trading Program required under 40 CFR 51.309(h)(2). Nothing in this Article waives any requirement otherwise in effect or subsequently required under any other law or rules for new sources. B. When used in this Article: 1. “Actual SO 2 emissions” means total annual sulfur dioxide emissions determined according to R18-2-1611. 2. “Fugitive emissions” means those emissions that can not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 3. “Milestone” means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018 as provided in 40 CFR 51.309(h)(1). 4. “Western Backstop SO2 Trading Program” means the program implemented under R182-1613. R18-2-1611. Applicability A. All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to SO 2 emissions are subject to the requirements of this Section. B. All stationary sources that have actual SO 2 emissions of 100 tons or more per year are subject to the requirements of this Section. C. When determining actual SO 2 emissions in subsection (B), the Director shall not include fugitive emissions of a stationary source unless that source belongs to one of the following categories: 1. Coal cleaning plants (with thermal dryers); 2. Kraft pulp mills; 3. Portland cement plants; NFRM – Trading Program Rule; 11-10-04 16 4. Primary zinc smelters; 5. Iron and steel mills; 6. Primary aluminum ore reduction plants; 7. Primary copper smelters; 8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 9. Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. Lime plants; 12. Phosphate rock processing plants; 13. Coke oven batteries; 14. Sulfur recovery plants; 15. Carbon black plants (furnace process); 16. Primary lead smelters; 17. Fuel conversion plants; 18. Sintering plants; 19. Secondary metal production plants; 20. Chemical process plants; 21. Fossil-fuel boilers or combination of boilers totaling more than 250 million British thermal units per hour heat input; 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 23. Taconite ore processing plants; 24. Glass fiber processing plants; 25. Charcoal production plants; 26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or 27. Any other stationary source category, which as of August 7, 1980, is regulated under Section 111 or 112 of the Act. R18-2-1612. Pre -trigger Monitoring, Recordkeeping , and Recording A. All stationary sources meeting the criteria of R18-2-1611, for the period defined in subsection (B) shall: 1. Comply with applicable monitoring, recordkeeping, and reporting requirements in R18-2304, R18-2-306, R18-2-327, and R18-2-715.01; NFRM – Trading Program Rule; 11-10-04 17 2. Submit to the Director an annual inventory of SO 2 emissions, beginning with the 2003 emission inventory by the date specified in R18-2-327(A); 3. Submit to the Director, if the stationary source is a smelter, an annual report of sulfur input in tons per year with the submission of the annual emissions inventory as required by subsection (A)(2); 4. Utilize appropriate emission factors and estimating methodology, and document the emissions monitoring or estimation methodology used by the source; 5. Include SO 2 emissions from start up, shut down, and upset conditions in the annual total inventory; 6. Utilize, if an affected source, methods from 40 CFR Part 75 to measure and calculate SO 2 emissions; 7. Maintain records that include the rate and period of SO 2 emissions, the specific installation that is the source of the SO2 emissions, type and efficiency of the air pollution control equipment, and other information necessary to quantify operation and emissions, and to evaluate pollution control; 8. Retain all records required under this Section for a minimum of 10 years from the date of record creation, or if the records were the basis for an adjustment to a milestone under 40 CFR 51.309(h)(1), five years from the date of a state implementation plan revision, whichever is longer. B. Duration and termination of pre-trigger requirements. Any stationary source that meets the criteria of R18-2-1611 after December 10, 2004, shall continue to comply with R18-2-1612 even if the source no longer has actual SO 2 emissions of 100 tons per year or more until either one year after the date of program trigger, or the Director determines under 40 CFR 51.309(h)(3) that the regional SO 2 2018 milestone was achieved. R18-2-1613. Western Backstop SO2 Trading Program Trigger The requirements of the Western Backstop SO2 Trading Program contained in the Western Backstop SO 2 Trading Program Model Rule and Model Rule Supplement as adopted August 13, 2003 (and no later amendments or editions) by the Western Regional Air Partnership (WRAP), are incorporated by reference and available through the Western Regional Air Partnership at www.wrapair.org, and the Director. The requirements shall apply to applicable sources in the Model Rule and Model Rule Supplement beginning on the date the Director NFRM – Trading Program Rule; 11-10-04 18 determines the program has been triggered according to 40 CFR 51.309(h)(1) and 51.309(h)(3). NFRM – Trading Program Rule; 11-10-04 19 This page left intentionally blank. Enclosure 4 Codified State of Arizona Burn Rules (R18-2-602, Unlawful Open Burns and Article 15, Forest and Range Management Burns) This page left intentionally blank. This page left intentionally blank. Enclosure 5 Pima County Burn Rule (Pima County Code 17.12.480) This page left intentionally blank. ** PLEASE NOTE ** For the purposes of this Regional Haze SIP Revision, we are asking for the consideration of revisions to Pima County Code 17.12.480 only. At this time, the Notice of Final Rulemaking (NFRM) as published in the November 12, 2004, Arizona Administrative Register, is the only available copy of revised PCC 17.12.480. The code became effective November 19, 2004, but will not be codified (clean copy) until 2005. The NFRM has been highlighted in the electronic version to facilitate locating PCC 17.12.480. A codified version of PCC 17.12.480 will be sent upon its availability. This page left intentionally blank. Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 COUNTY NOTICES PURSUANT TO A.R.S. § 49-112 Because each county writes rules and regulations in its own unique style, County Notices published in the Register do not conform to the standards of the Arizona Rulemaking Manual. With the exception of minor formatting changes, the rules (including subsection labeling, spelling, grammar, and punctuation) are reproduced as submitted. NOTICE OF FINAL RULEMAKING PIMA COUNTY AIR QUALITY CONTROL REGULATIONS PIMA COUNTY CODE TITLE 17 – AIR QUALITY CONTROL CHAPTER 4 GENERAL PROVISIONS CHAPTER 8 AMBIENT AIR QUALITY STANDARDS CHAPTER 12 PERMIT AND PERMIT REVISIONS CHAPTER 16 EMISSION LIMITING STANDARDS CHAPTER 28 VIOLATIONS AND CONDITIONAL ORDERS PREAMBLE 1. Sections Affected PCC 17.04.070 PCC 17.08.110 PCC 17.08.130 PCC 17.12.060 PCC 17.12.070 PCC 17.12.140 PCC 17.12.160 PCC 17.12.170 PCC 17.12.180 PCC 17.12.210 PCC 17.12.365 PCC 17.12.480 PCC 17.12.490 PCC 17.12.540 PCC 17.16.130 PCC 17.16.165 PCC 17.16.430 PCC 17.16.530 PCC 17.16.700 PCC 17.28.065 Table 17.16.040 2. Statutory authority for the rulemaking: A.R.S. § 49-112 Rulemaking Action Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Repeal Amend Amend Amend Amend Amend Amend Amend Amend A.R.S. § 49-471.04 A.R.S. § 49-471.08 A.R.S. § 49-473 A.R.S. § 49-479 3. The effective date of the rules: November 18, 2004 4. List of all previous notices appearing in the register addressing the proposed rule or ordinance and a concise explanatory statement. Notice of Expedited Rulemaking: 10 A.A.R., Volume 37, September 10, 2004 (page 3764 – 3792) Volume 10, Issue 46 Page 4600 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 5. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Jean Parkinson Program Coordinator 6. Address: Pima County DEQ 150 W. Congress Tucson, AZ 85701 Telephone: (520) 740-3978 Fax: (520) 882-7709 E-mail: Jean.Parkinson@DEQ.CO.PIMA.AZ.US An explanation of the rule, including the Control Officer’s reasons for initiating the rule: Summary: This rulemaking contains amendments to Pima County Code Title 17, which makes corrections to typographical errors; conforms to directly reflect federal and state rule or law, and incorporates by reference provisions of the Arizona Administrative Code and the U.S. Code of Federal Regulations. Statutory Authority: A.R.S. § 49-471.08 – Expedited rule or Ordinance making – provides a statutory mechanism for a declaration of an expedited process if the rulemaking is a conforming change to directly reflect federal or state rule or law. Background: Periodically the Pima County Department of Environmental Quality updates and conforms to the Arizona Administrative Code and the Code of Federal Regulations in an effort to achieve consistency and accuracy in Air Quality Regulations for Pima County. The last conforming changes to Title 17 were in 1999. Section by Section Analysis PCC 17.04.070 Amend Updates Code of Federal Regulation references to 2004 version PCC 17.08.110 Amend Conforms to CFR part 81 § 81.303, designating Tucson planning area as Attainment for CO PCC 17.08.130 Amend Conforms to CFR part 81 § 81.303, designating Ajo planning area as Maintenance for SO2 PCC 17.12.060 Amend Conforms to Arizona Administrative Code § R18-2-313, Existing Source Emission Monitoring PCC 17.12.070 Amend Adds subsection references to clarify the rule requirement PCC 17.12.140 Amend Conforms to Arizona Administrative Code § R18-2-302, Applicability; Classes of Permits PCC 17.12.160 Amend Removes an unnecessary subsection reference. PCC 17.12.170 Amend Conforms to Arizona Administrative Code § R18-2-305, Public Records; Confidentiality PCC 17.12.180 Amend Conforms to Arizona Administrative Code § R18-2-306, Permit Contents PCC 17.12.210 Amend Conforms to Arizona Administrative Code § R18-2-306, Compliance Plan Certification PCC 17.12.365 Amend Updated the reference date from July 1, 1996 to July 1, 2004 PCC 17.12.480 Amend Conforms to Arizona Administrative Code § R18-2-602, Unlawful Open Burning PCC 12.12.490 Repeal Repeal Provision relating to standard permit requirements for open burning. PCC 17.12.540 Amend Removes outdated Activity Permit Fee Schedule from the code. PCC 17.16.130 Amend Conforms to Arizona Administrative Code § R18-2-702, General Provisions PCC 17.16.165 Amend Corrects an incorrect code reference within the provision. PCC 17.16.430 Amend Typographical error, adds a comma within a series PCC 17.16.490 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Standards of Performance for New Stationary Sources (NSPS), pursuant to 40 CFR Part 60 November 12, 2004 Page 4601 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 PCC 17.16.530 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Emissions Standards for Hazardous Pollutants, (NESHAP), pursuant to 40 CFR Part 61 PCC 17.16.700 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Emission Standards for Hazardous Air Pollutants for Source Categories (NESHAP), pursuant to 40 CFR 63 PCC 17.28.065 Amend Incorporates by reference Arizona Administrative Code § R18-2-310.01 TABLE 17.16.040 Amend Conforms to Arizona Administrative Code § R18-2-702, General Provisions 7. Reference to any study relevant to the rule that the Control Officer reviewed and either relied or did not rely on in its evaluation of or justification for the rule, where the public may review each study, all data underlying each study, and any analysis of each study and other supporting material: No studies were reviewed in reference to this rulemaking action. 8. A showing of good cause why the rules are necessary to promote a statewide interest if the rules will diminish a previous grant of authority of a political subdivision of this state: Not applicable 9. The preliminary summary of the economic, small business, and consumer impact: Pima County is proposing to update its incorporations by reference of the following federal regulations: New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Acid Rain. These revisions should not have an economic impact on businesses in Pima County, and should not impose additional costs on the regulated community, small businesses, political subdivisions, and members of the public beyond that already incurred by reason of Federal or State law. In addition, Pima County is updating rules to conform to the Arizona Administrative Code and recent rule amendments finalized by the Arizona Department of Environmental Quality. These revisions should have not have an economic impact on Pima County businesses beyond that already incurred by reason of State law. 10. A description of the changes between the proposed rules, including supplemental notices, and final rules (if applicable): Minor technical and grammatical changes were made. 11. A summary of the comments made regarding the rule and the agency response to them: None 12. Any other matters prescribed by the statute that are applicable to the specific agency or to any specific rule or class of rules: None 13. Incorporations by reference and their location in the rules: New incorporations by reference (subparts or larger): Incorporations by Reference updated to July 1, 2004 (may include new sections) Location 40 CFR Part 60, July 1, 2004 (NSPS) 17.16.490 40 CFR Part 61, July 1, 2004 (NESHAP) 17.16.530 (A) 40 CFR Part 63, July 1, 2004 (NESHAP) 17.16.530 (B) 40 CFR Part 63 Subpart D, July 1, 2004 (Alternative Emission Limitation) 17.16.700 40 CFR Part 72, July 1, 2004 (Acid Rain) 17.12.365 A.A.C. Rule 18-2-310 and Rule 18-2-310.01, February 15, 2001 17.28.065 14. Were these rules previously made as emergency rules? No. These rules were previously published as “Expedited,” in accordance with A.R.S. § 49-471.08 (A). 15. The full text of the rule follows: TITLE 17 OF THE PIMA COUNTY CODE AIR QUALITY CONTROL ORDINANCE 2004 - 97 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, RELATING TO THE ENVIRONMENT AND AIR QUALITY; AMENDING CHAPTERS 17.04; 17.08; 17.12; 17.16; 17.28 TO CONFORM Volume 10, Issue 46 Page 4602 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 WITH CORRESPONDING STATE AND FEDERAL AIR QUALITY REGULATIONS. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION 1. Chapter 17.04, Section 17.04.070 is hereby amended to read: Chapter 17.04 GENERAL PROVISIONS **** 17.04.070 Incorporated Materials. **** 3. All parts of the CFR referenced in this Title are amended as of July 1, 1996 2004 unless specifically indicated otherwise. **** (Ord. 2004-97 § 1, Ord. 1997-79 § 1, 1997; Ord. 1995-87 § 2, 1995; Ord. 1993-128 § 1, 1993) SECTION 2. Chapter 17.08 is hereby amended by amending, Sections 17.08.110 and 17.08.130 to read as follows: Chapter 17.08 AMBIENT AIR QUALITY STANDARDS **** 17.08.110 Tucson CO nonattainment area A. An area defined by the following geographic Township/Range/Section coordinates, as listed in 40 CFR 81.303, shall be an nonattainment area for CO: LATITUDELONGITUDE 32°38.5'N111°24.0'W 32°26.5'N110°47.5'W 32°12.5'N110°32.5'W 31°49.5'N110°25.5'W LATITUDELONGITUDE 31°42.0'N110°50.5'W 31°52.5'N111°12.5'W 32°24.5'N111°29.0'W All portions of Coronado National Forest and Saguaro National Monument lying within the nonattainment area are excluded. B. The Tucson nonattainment area for CO shall be a Class II attainment area for SO2, NO2, and O3, and unclassified for PM10. November 12, 2004 Page 4603 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Designation Designated Area Tucson Area: Pima County Township and Ranges as follows: T11-12S, R12-14E; T13-15S, R1116E; and T16S, R12-16E Gila and Salt River Baseline and Meridian excluding portions of the Saguaro National Monument and the Coronado National Forest. Date Type July 10, 2000 Attainment Classification Date Type (Ord. 2004-97 § 2, Ord. 1993-128 § 2, 1993; Ord. 1986-227 § 1 (part), 1986: Ord. 1985-183 (part), 1985: Ord. 1983-196 (part), 1983) 17.08.130 Ajo nonattainment area. A. An area encompassing Ajo and its immediate surroundings shall be a nonattainment area for SO2, defined by the following township/range/section coordinates: T11S-R6W, T11S-R5W; T12S-R6W, T12S-R5W; T13S-R6W. A. An area defined by the following Township/Range/Section coordinates, as listed in 40 CFR 81.303, shall be an attainment area for SO2: Designated Area Ajo (T11-13S, R5W-R6W) Does not meet primary standards -- Does not meet secondary standards -- Cannot be classified -- Better than nations standards X **** (Ord. 2004-97 § 2, Ord. 1993-128 § 2, 1993; Ord. 1985-183 (part), 1985; Ord. 1983-196 (part), 1983) SECTION 3. Chapter 17.12 is hereby amended by amending Sections 17.12.060, 17.12.070, 17.12.140, 17.12.160, 17.12.170, 17.12.180, 17.12.210 and 17.12.540 to read as follows: Chapter 17.12 PERMITS AND PERMIT REVISIONS **** 17.12.060 Existing source emission monitoring. A. Every source subject to an existing source performance standard as specified in this title shall install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants and other gases specified in this Section for the applicable source category. 1. Applicability. a. Fossil fuel-fired steam generators as specified in subdivision 1 of subsection C (C)(1) of this Section, shall be Volume 10, Issue 46 Page 4604 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 monitored for opacity, nitrogen oxides emissions, sulfur dioxide emissions, and oxygen or carbon dioxide. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subdivision 4 of subsection C (C)(4) of this Section, shall be monitored for opacity. c. Sulfuric acid plants, as specified in subdivision 3 of subsection C (C)(3) of this Section, shall be monitored for sulfur dioxide emissions. d. Nitric acid plants, as specified in subdivision 2 of subsection C (C)(2) of this Section, shall be monitored for nitrogen oxides emissions. Exemptions. a. Emission monitoring shall not be required when the source of emissions is not operating. Variations. a. Unless otherwise prohibited by the Act, the control officer may approve, on a case-by-case basis, alternative monitoring requirements different from the provisions of this Section if the installation of a continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or extreme economic reasons. Alternative monitoring procedures shall be specified by the control officer on a case-by-case basis and shall include as a minimum, annual manual stack tests for the pollutants identified for each type of source in this Section. Extreme economic reasons shall mean that the requirements of this Section would cause the source to be unable to continue in business. b. 2. 3. **** (Ord. 2004-97 § 3, Ord. 1994-83 § 6, 1994: Ord. 1993-128 § 3 (part), 1993) 17.12.070 Quality assurance. Facilities subject to permit requirements of this chapter shall submit a quality assurance plan to the control officer that meets the requirements of 17.12.040(D)(3) within twelve months of the effective date of this section. Facilities subject to the requirements of 17.12.060 shall submit a quality assurance plan as specified in the permit. (Ord. 2004-97 § 3, Ord. 1995-87 § 10, 1995;. Ord. 1994-83 § 7, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.140 Applicability; classes of permits. **** B. There shall be two classes of permits as follows: 1. A Class I permit shall be required for a person to commence construction of or operate any of the following: a. Any major source. b. Solid waste incineration units required to obtain a permit pursuant to section 129 (e) of the Act (Solid Waste Combustion). c. An affected source. d. Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the control officer by rule. 2. Unless a Class I permit is required, a Class II permit shall be required for: a. A person to commence construction of or modify either of the following: (i) A source that emits with controls, or has the potential to emit with controls, ten (10) tons per year or more of any hazardous air pollutant listed under A.R.S. § 49-426.04 (A)(1) or twenty-five (25) tons per year of any combination of hazardous air pollutants. (ii) A source that is within a category designated pursuant to A.R.S. 49-426.05 and that emits, or has the potential to emit, with controls one (1) ton per year or more of a hazardous air pollutant or two and one-half (2½) tons per year of any combination of hazardous air pollutants. b. A person to commence construction of or operate any of the following: (i) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act (Standards of Performance for New Stationary Sources). (ii) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act. (iii) Any source that emits, or has the potential to emit, without controls, significant quantities of regulated air pollutants. (iv) Stationary rotating machinery of greater than 325 brake horsepower. (v) Fuel-burning equipment which, at a location or property other than a one or two family residence, are fired at a sustained rate of more than one million BTU per hour for more than an eight hour period. November 12, 2004 Page 4605 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 c b. A person to make a modification to a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than those specified in items i and ii of paragraph a and item iii of paragraph b of this subdivision. A person to modify a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than or equal to those specified in subsection (B)(2)(a)(iii). **** D. No person may construct or reconstruct any major source of hazardous air pollutants unless the control officer determines that maximum achievable control technology emission limitation (MACT) for new sources under section 112 of the Act will be met. Where If MACT has not been established by the Administrator, such determination shall be made on a caseby-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in 17.16.530.B. For purposes of this subsection, construction and reconstructing a major source shall have the meanings prescribed in 40 CFR 63.41. (Ord. 2004-97 § 3, Ord. 1998-27 § 3, 1998; Ord. 1995-87 § 11, 1995; Ord. 1994-83 § 11, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.160 Permit application processing procedures. **** C. Unless otherwise required by 17.12.150 B. through F., a timely application is: 1. For a source, other than a major source, applying for a permit for the first time, one that is submitted within 12 months after the source becomes subject to the permit program. 2. For purposes of permit renewal, a timely application is one that is submitted at least 6 months, but not greater than 18 months prior to the date of permit expiration. 3. For initial phase II acid rain permits under Title IV of the Act and regulations incorporated pursuant to section 17.12.365, one that is submitted to the control officer by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides. 4. Any existing source which becomes subject to a standard promulgated by the Administrator pursuant to section 112(d) of the Act (Hazardous Air Pollutants) shall, within twelve months of the date on which the standard is promulgated, submit an application for a permit revision demonstrating how the source will comply with the standard. **** (Ord. 2004-97 § 3, Ord. 1998-27 § 4, 1998; Ord. 1997-79 § 4, 1997; Ord. 1995-87 § 12, 1995; Ord. 1994-83 § 13, 1994: Ord. 1993-128 § 3 (part), 1993) 17.12.170 Public records; confidentiality. **** B. Any records, reports or information obtained from any person under this title, including records, reports or information obtained or prepared by the control officer or a county employee, shall be available to the public, except that the information or any part of the information shall be considered confidential on either of the following: 1. A showing, satisfactory to the control officer, by any person that the information or a part of the information if made public would divulge the trade secrets of the person. A request for confidentiality shall: a. Precisely identify the information in the documents submitted which is considered confidential. 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, is likely to cause substantial harm to the person's competitive position. 2. A determination by the county attorney that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court. **** (Ord. 2004-97 § 3, Ord. 1994-83 § 14, 1994: Ord.1993-128 § 3 (part), 1993) 17.12.180 Permit contents. A. Each permit issued shall include the following elements: **** 3. Each permit shall contain the following requirements with respect to monitoring: Volume 10, Issue 46 Page 4606 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a. b. c. a. b. c. d. All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions), and including any monitoring and analysis procedures or test methods required pursuant to section 17.12.220; Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit as reported pursuant to subdivision A.4 of this section. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required pursuant to section 17.12.220. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including: (i) Monitoring and analysis procedures or test methods under 40 CFR 64; (ii) Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act; and (iii) Monitoring and analysis procedures or test methods required under 17.12.220. 40 CFR 64 as codified July 1, 2004, is incorporated by reference and on file with the control officer. This incorporation by reference contains no future editions or amendments. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements not included in the permit as a result of such streamlining; If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit as reported under subsection (A)(4). The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required under 17.12.220. Recordkeeping provisions may be sufficient to meet the requirements of this subsection; and As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods. **** B. Federally Enforceable Requirements 1. The following permit conditions shall be enforceable by the Administrator and citizens under the Act: a. Except as provided in paragraph (B)(2) of this subsection, all terms and conditions in a Class I permit, including any provisions designed to limit a source's potential to emit. b. Terms or conditions in a Class II permit setting forth federal applicable requirements, c. Terms and conditions in any permit which are entered into voluntarily pursuant to section 17.12.220, as follows: (i) Emissions limitations, controls or other requirements. (ii) Monitoring, recordkeeping and reporting requirements associated with the emissions limitations, controls or other requirements in subdivision (i) of this subparagraph in subsection (B)(1)(c)(i) 2. Notwithstanding subparagraph subsection (B)(1)(a) of this subsection, the control officer shall specifically designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements. **** E. Emergency provision. 1. An “Emergency” means any 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 sources to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emission attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of subdivision 3 of this subsection (E)(3) are met. 3. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: November 12, 2004 Page 4607 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a. b. c. 4. 5. An emergency occurred and that the permittee can identify the cause(s) of the emergency; The permitted facility was at the time being properly operated; 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 d. The permittee submitted notice of the emergency to the control officer by certified mail or hand delivery within two (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. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. This provision is in addition to any emergency or upset provision contained in any applicable requirement. **** (Ord. 2004-97 § 3, Ord. 1998-27 § 5, 1998; Ord. 1995-87 § 13, 1995; Ord. 1994-83 § 15, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.210 Compliance plan; certification. A. All permits shall contain the following elements with respect to compliance: 1. The elements required by 17.12.180(A)(3), (4), and (5). 2. 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: a. The frequency for submissions of compliance certifications, which shall not be less than annually; b. The means to monitor the compliance of the source with its emissions limitations, standards, and work practices; c. A requirement that the compliance certification include the following: (i) The identification of each term or condition of the permit that is the basis of the certification; (ii) The compliance status; (iii) Whether compliance was continuous or intermittent; (iv) The method(s) used for determining the compliance status of the source, currently and over the reporting period; and d. e. (v) Other facts as the control officer may require to determine the compliance status of the source. The identification of each term or condition of the permit that is the basis of the certification; The identification of the methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and other means under 17.12.180(A)(3). If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making false certification or omitting material information; The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the methods or means designated in subsection (2)(c)(ii). The certification shall identify each deviation and take it into account for consideration in the compliance certification. For emission units subject to 40 CFR 64, the certification shall also identify as possible exceptions to compliance any period during which compliance is required and in which an excursion or exceedance defined under 40 CFR 64 occurred; and Other facts the control officer may require to determine the compliance status of the source. A requirement that permittees submit all compliance certifications be submitted to the control officer,. and for Class I permits, permittees shall also submit compliance certifications to the Administrator as well. Such additional requirements as may be specified pursuant to sections 114(a)(3) and 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions) or pursuant to section 17.12.220. **** (Ord. 2004-97 § 3, Ord. 1998-27 § 7, 1998; Ord. 1995-87 § 14, 1995; Ord. 1994-83 § 17, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.365 Acid Rain A. The following subparts of 40 CFR Part 72, Permits Regulation, and all accompanying appendices, adopted as of July 1, 19962004, are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Volume 10, Issue 46 Page 4608 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Department, and shall be applied by the Department. C. If the provisions or requirements of the regulations incorporated pursuant to this section conflict with any of the remaining portions of the Title, the regulations incorporated pursuant to this section shall apply and take precedence. (Ord. 2004-97§ 3; Ord. 1997-79 § 7, 1997; Ord. 1995-87 § 19, 1995) **** 17.12.480 Open burning permits. A. A person who plans to ignite, allow, or maintain any outdoor fire - except as specifically exempted herein - shall obtain an open burning permit from the control officer before commencing the burning. B. Specific types of open outdoor fires which require open burning permits, as well as those types of fires which do not require permits, are identified in Table 17.12.480. Any open burning not listed in Table 17.12.480 is prohibited. A. In addition to the definitions contained in A.R.S. § 49-501, in this Section: 1. “Agricultural Burning” means burning of vegetative materials related to the production and harvesting of crops and raising of animals for the purpose of marketing for profit, or providing a livelihood, but not including the burning of household waste or prohibited materials. Burning may be conducted in fields, piles, ditch banks, fence rows, or canal laterals for purposes such as weed control, disease and pest prevention, or site preparation. 2. “Air Curtain Destructor” means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood waste and slash materials in an earthen trench or refractory-lined pit or bin. 3. “Approved waste burner” means an incinerator constructed of fire resistant material with a cover or screen that is closed when in use, and has openings in the sides or top no greater than one inch in diameter. 4. “Class I Area” means any one of the Arizona mandatory federal Class I areas defined in A.R.S. § 49-401.01. 5. “Construction burning” means burning wood or vegetative material from land clearing, site preparation, or fabrication, erection, installation, demolition, or modification of any buildings or other land improvements, but does not include burning household waste or prohibited material. 6. “Dangerous material” means 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. 7. “Emission reduction techniques” means methods for controlling emissions from open outdoor fires to minimize the amount of emissions output per unit of area burned. 8. “Flue,” as used in this Section, means any duct or passage for air or combustion gases, such as a stack or chimney. 9. “Household waste” means any solid waste including garbage, rubbish, and sanitary waste from a septic tank that is generated from households including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas, but does not include construction debris, landscaping rubble, demolition debris or prohibited materials. 10. “Independent authority to permit fires” means the authority of a county to permit fires by a rule adopted under Arizona Revised Statutes, Title 49, Chapter 3, Article 3, and includes only Maricopa, Pima, and Pinal counties. 11. “Open outdoor fire or open burning” means the combustion of material of any type, outdoors and in the open, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential, prescribed, and construction burning, and fires using air curtain destructors. 12. “Prescribed burning” means the controlled application of fire to wildland fuels that are in either a natural or modified state, under certain burn and smoke management prescription conditions that have been specified by the land manager in charge of or assisting the burn, to attain planned resource management objectives. Prescribed burning does not include a fire set or permitted by a public officer to provide instruction in fire fighting methods, or construction or residential burning. 13. “Prohibited materials” means nonpaper garbage from the processing, storage, service, or consumption of food; chemically treated wood; lead-painted wood; linoleum flooring, and composite counter-tops; tires; explosives or ammunition; oleanders; asphalt shingles; 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, or arsenic compounds. 14. “Residential burning” means open burning of vegetative materials conducted by or for the occupants of residential dwellings, but does not include burning household waste or prohibited material. B. Unlawful open burning. Notwithstanding any other rule in this Chapter, a person shall not ignite, cause to be ignited, permit to be ignited, allow, or maintain any open outdoor fire in a county without independent authority to permit fires except as provided in A.R.S. § 49-501 and this Section. C. Open outdoor fires exempt from a permit. The following fires do not require an open burning permit from the control November 12, 2004 Page 4609 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 officer or a delegated authority: 1. Fires used only for: a. Cooking of food, b. Providing warmth for human beings, c. Recreational purposes, d. Branding of animals, e. Orchard heaters for the purpose of frost protection in farming or nursery operations, and f. The proper disposal of flags under 4 U.S.C. 1, § 8. 2. Any fire set or permitted by any public officer in the performance of official duty, if the fire is set or permission given for the following purpose: a. Control of an active wildfire; or b. Instruction in the method of fighting fires, except that the person setting these fires must comply with the reporting requirements of subsection (D)(3)(f). 3. Fire set by or permitted by the control officer of Department of Agriculture for the purpose of disease and pest prevention in an organized, area-wide control of an epidemic or infestation affecting livestock or crops. 4. Prescribed burns set by or assisted by the federal government or any of its departments, agencies, or agents, or the state or any of its agencies, departments, or political subdivisions. D. Open outdoor fires requiring a permit. 1. The following open outdoor fires are allowed with an open burning permit from the control officer or a delegated authority: a. Construction burning; b. Agricultural burning; c. Residential burning; d. Prescribed burns conducted on private lands without the assistance of a federal or state land manager as defined under; e. Any fire set or permitted by a public officer in the performance of official duty, if the fire is set or permission given for the purpose of weed abatement, or the prevention of a fire hazard, unless the fire is exempt from the permit requirement under subsection (C)(3); f. Open outdoor fires of dangerous material under subsection (E); g. Open outdoor fires of household waste under subsection (F); and h. Open outdoor fires that use an air curtain destructor, as defined in 17.12.480 (A)(2). 2. A person conducting an open outdoor fire in a county with independent authority to permit fires shall obtain a permit from the control officer or a delegated authority unless exempted under subsection (C). Permits may be issued for a period not to exceed one year. A person shall obtain a permit by completing an PDEQ-approved application form. 3. Open outdoor fire permits issued under this Section shall include: a. A list of the materials that the permittee may burn under the permit; b. A means of contacting the permittee authorized by the permit to set an open fire in the event that an order to extinguish the open outdoor fire is issued by the control officer or the delegated authority; c. A requirement that burns be conducted during the following periods, unless otherwise waived or directed by the control officer on a specific day basis: i. Year-round: ignite fire no earlier than one hour after sunrise; and ii. Year-round: extinguish fire no later than two hours before sunset; d. A requirement that the permittee conduct all open burning only during atmospheric conditions that: i. Prevent dispersion of smoke into populated areas; ii. Prevent visibility impairment on traveled roads or at airports that result in a safety hazard; iii. Do not create a public nuisance or adversely affect public safety; iv. Do not cause an adverse impact to visibility in a Class I area; and v. Do not cause uncontrollable spreading of the fire; e. A list of the types of emission reduction techniques that the permittee shall use to minimize fire emissions.; f. A reporting requirement that the permittee shall meet by providing the following information in a format provided by the control officer for each date open burning occurred, on either a daily basis on the day of the fire, or an annual basis in a report to the control officer or delegated authority due on February 1 for the previous calendar year: i. The date of each burn; ii. The type and quantity of fuel burned for each date open burning occurred; iii. The fire type, such as pile or pit, for each date open burning occurred; and iv. For each date open burning occurred, the legal location, to the nearest section, or latitude and longitude, to the nearest degree minute, or street address for residential burns; g. A requirement that the person conducting the open burn notify the local fire-fighting agency or private fire proVolume 10, Issue 46 Page 4610 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 tection service provider, if the service provider is a delegated authority, before burning. If neither is in existence, the person conducting the burn shall notify the state forester; h. A requirement that the permittee start each open outdoor fire using items that do not cause the production of black smoke; i. A requirement that the permittee attend the fire at all times until it is completely extinguished; j. A requirement that the permittee provide fire extinguishing equipment on-site for the duration of the burn; k. A requirement that the permittee ensure that a burning pit, burning pile, or approved waste burner be at least 50 feet from any structure; l. A requirement that the permittee have a copy of the burn permit on-site during open burning; m. A requirement that the permittee not conduct open burning when an air stagnation advisory, as issued by the National Weather Service, is in effect in the area of the burn or during periods when smoke can be expected to accumulate to the extent that it will significantly impair visibility in Class I areas; n. A requirement that the permittee not conduct open burning when any stage air pollution episode is declared by ADEQ or PDEQ; o. A statement that the control officer, or any other public officer, may order that the burn be extinguished or prohibit burning during periods of inadequate smoke dispersion, excessive visibility impairment, or extreme fire danger; and p. A list of the activities prohibited and the criminal penalties provided under A.R.S. § 13-1706. 4. The control officer or a delegated authority shall not issue an open burning permit under this Section: a. That would allow burning prohibited materials other than under a permit for the burning of dangerous materials; b. If the applicant has applied for a permit under this Section to burn a dangerous material which is also hazardous waste under 40 CFR 261, but does not have a permit to burn hazardous waste under 40 CFR 264, or is not an interim status facility allowed to burn hazardous waste under 40 CFR 265; or c. If the burning would occur at a solid waste facility in violation of 40 CFR 258.24 and the control officer has not issued a variance under A.R.S. § 49-763.01. E. Open outdoor fires of dangerous material. A fire set for the disposal of a dangerous material is allowed by the provisions of this Section, when the material is too dangerous to store and transport, and the control officer has issued a permit for the fire. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The control officer shall permit fires for the disposal of dangerous materials only when no safe alternative method of disposal exists, and burning the materials does not result in the emission of hazardous or toxic substances either directly or as a product of combustion in amounts that will endanger health or safety. F. Open outdoor fires of household waste. An open outdoor fire for the disposal of household waste is allowed by provisions of this Section when permitted in writing by the control officer or a delegated authority. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The permittee shall conduct open outdoor fires of household waste in an approved waste burner and shall either: 1. Burn household waste generated on-site on farms or ranches of 40 acres or more where no household waste collection or disposal service is available; or 2. Burn household waste generated on-site where no household waste collection and disposal service is available and where the nearest other dwelling unit is at least 500 feet away. G. The control officer shall hold an annual public meeting for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques. H. Nothing in this Section is intended to permit any practice that is a violation of any statute, ordinance, rule, or regulation. CI. The term of any open burning permit shall be as specified by the control officer, subject to the following limitations: 1. The term of a temporary open burning permit shall not exceed three consecutive or non-consecutive days within a thirty-day period, and 2. The term of an extended open burning permit shall expire as specified on the original application, and shall in no case exceed ninety days. (Ord. 2004-97 § 3; Ord. 1987-175 § 4, 14, 1987: Ord. 1981-12 (part), 1981: Ord. 1979-93 (part), 1979) 17.12.490 Standard Permit Requirements. A. A person granted an open burning permit must comply with the following: 1. Permissible burning hours are noon to four p.m. unless stated otherwise on the permit; 2. Burning must be at a safe distance from structures; 3. Burning must be constantly attended with reasonable control tools at hand; 4. Burning may not be conducted on public land or on other land not owned or leased by the permittee without written permission from the owner or land manager; 5. Fire must be dead out when left; and 6. The burning of materials other than those specified by the permit is prohibited. (Ord. 1979-93 (part), 1979) 17.12.540 Activity Permit Fees November 12, 2004 Page 4611 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Table 17.12.540 ACTIVITY PERMIT FEES SCHEDULE (effective until July 1, 2003) S.S.1 ACTIVITY RATE COMPONENTS EXEMPTIONS A Landstripping and/or Earthmoving 1 to 5 acres $89.28 plus $8.93 per each additional acre or fraction thereof < 1 acre B Trenching 300 feet of aggregate trenching $17.86 base plus $0.036 per each additional ft. < 300 ft; trenching for landscaping C Road Construction 50 ft. of aggregate road construction $17.86 base plus $0.09 per each additional ft. < 50 ft D Activity permit for NESHAP facilities $420.00 See Exemption Note E Blasting $18.00 plus $3.53 per day of blasting None Exemption Note: < 260 linear feet on pipes; < 160 square feet on other facility components; < 35 cubic feet off facility components Example Permit Fee Calculations 1. Permit for clearing 4 acres: $89.28 2. Permit for earthmoving on 9 acres: First five acres = $89.28 Remaining four acres = $8.93 x 4 = $35.72 Total = $125.00 3. Permit for trenching 500 feet: Base fee for the first 300 feet = $17.86 Remaining 200 feet = 200 x 0.036 = $7.20 Total = $25.06 -------------------------------------------------------------------------------------------------------------------------------------1Sub-schedule for identification only. (Ord. 1995-87 §26, 1995; Ord. 1994-83 §44, 1994; Ord. 1993-128 §3 (part), 1993; Ord. 1990-113 §16, 1990; Ord. 1989-165 §17 (part), 1989; Ord. 1987-175 §18, 1987) **** SECTION 4. Chapter 17.16, Sections 17.16.130, 17.16.165, 17.16.430, 17.16.430, and 17.16.700 are hereby amended to read: Chapter 17.16 EMISSION LIMITING STANDARDS **** 17.16.130 Applicability. A. This article shall apply only to emissions which enter the atmosphere by passing through a vent, stack, flue, or other similar containing or restrictive device, or which by reasonable modification of the emissions source the emissions can be directed through such a device for testing purposes. a source that is all of the following: 1. An existing source, as defined in 17.04.340; 2. A point source. For the purposes of this Section, “point source” means a source of air contaminants that has an idenVolume 10, Issue 46 Page 4612 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 tifiable plume or emissions point; and 3. A stationary source, as defined in 17.04.340. B. Where the nature of a process, operation, or activity allows more than one interpretation of a requirement in this Chapter, the more restrictive or most restrictive interpretation shall apply. CB. Except as otherwise provided in this Chapter relating to specific types of sources, the opacity of any plume or effluent:, from a source described in subsection (a), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be: Shall not be greater than 40 percent, and 1. Greater than 20% in an area that is nonattainment or maintenance for any particulate matter standard, unless an alternative opacity limit is approved by the control officer as provided in subsection (D) and (E), after the effective date of this rule. Shall be determined by reference Method 9 of the Arizona Testing Manual. 2. Greater than 40% in an area that is attainment or unclassifiable for each particulate matter standard; and 3. After April 23, 2006, greater than 20% in any area that is attainment or unclassifiable for each particulate matter standard except as provided in subsections (D) and (E). DC. Where If the presence of uncombined water is the only reason for the an exceedance of any visible emissions requirement in this Article, such the exceedance shall not constitute a violation of the applicable opacity limit. ED. A person owning or operating an air pollution a source may ask petition the control officer for a determination on meeting the requirements of the an alternative applicable opacity standard limit. The petition shall be submitted to PDEQ within three months after the effective date of this rule. The owner or operator shall submit the written reports of the results of the performance tests, the opacity observation results, and observer certification. 1. The petition shall contain: a. Documentation that the affected facility and any associated air pollution control equipment are incapable of being adjusted or operated to meet the applicable opacity standard. This includes: i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests; ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized control technology that is reasonably available considering technical and economic feasibility; and iii. An explanation why the source cannot meet the present opacity limit although it is in compliance with the applicable particulate mass emission rule. b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts in 40 CFR 60 and in Appendix B, Performance Specification 1. c. A verification by a responsible official of the source of the truth, accuracy, and completeness of the petition. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 2. If the control officer finds that the facility is in compliance with all applicable standards for the performance test and still fails to meet the applicable opacity standard, he shall notify the owner or operator of the finding. 2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petition shall also include: a. Documentation that the source conducted concurrent EPA Reference Method stack testing and visible emissions readings or is utilizing a continuous opacity monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least 10% below that limit. For multiple units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing of each unit. Each control device shall be in good operating condition and operated consistent with good practices for minimizing emissions. b. Evidence that the source conducted the stack tests according to 17.12.050, and that they were witnessed by the control officer or the control officer’s agent or representative. c. Evidence that the affected facility and any associated air pollution control equipment were operated and maintained to the maximum extent practicable to minimize the opacity of emissions during the stack tests. 3. The owner or operator may petition the control officer within ten days of receipt of notification, asking the control officer to make an appropriate adjustment to the opacity standard for the facility. 3. If the source for which the alternative opacity standard is being applied is located in a nonattainment area, the petitioner shall include all the information listed in subsections (D)(1) and (D)(2), and in addition: a. In subsection (D)(1)(a)(ii), the detailed statement or report shall demonstrate that the alternative opacity limit fulfills the Clean Air Act requirement for reasonably available control technology; and b. In subsection (D)(2)(b), the stack tests shall be conducted with an opportunity for the Administrator or the Administrator’s agent or representative to be present. 4. The control officer may grant the petition after public notice and opportunity for public hearing takes place, and upon November 12, 2004 Page 4613 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a demonstration by the owner or operator that: a. The affected facility and the associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance test. b. The performance tests were performed under the conditions established by the control officer. c. The affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the opacity requirement. 5. The control officer may establish an opacity standard for the affected facility based on the determination made in subdivision 4 of this subsection. The opacity standard shall be set at a level indicated by the performance and opacity tests, providing that the source will be able to meet the mass or concentration standard and the opacity standard at all times. Such opacity standard shall be incorporated as a condition of the permit for the affected facility. 6. The control officer shall publish the opacity standard once in one or more newspapers of general circulation in the county. F. The process weight rate utilized in this Article shall be determined as follows: 1. For continuous or long runs, steady state process sources, the process weight rate shall be 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. 2. For cyclical or batch process sources, the process weight rate shall be 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. E. If the control officer receives a petition under subsection (D) the control officer shall approve or deny the petition as provided below by October 15, 2004: 1. If the petition is approved under subsection (D)(1) or (D)(2), the control officer shall include an alternative opacity limit in a proposed significant permit revision for the source under 17.12.260 and 17.12.340. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that an alternative opacity limit under this Section shall not be greater than 40%. For multiple units that are normally operated together and whose emissions vent through a single stack, any new alternative opacity limit shall reflect the opacity level at the common stack exit, and not individual in-duct opacity levels. 2. If the petition is approved under subsection (D)(3), the control officer shall include an alternative opacity limit in a proposed revision to the applicable implementation plan, and submit the proposed revision to EPA for review and approval. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that the alternative opacity limit shall not be greater than 40%. 3. If the petition is denied, the source shall either comply with the 20% opacity limit or apply for a significant permit revision to incorporate a compliance schedule under 17.12.210(5)(c)(iii) by April 23, 2006. 4. A source does not have to petition for an alternative opacity limit under subsection (D) to enter into a revised compliance schedule under 17.12.210(5)(c). F. The control officer, Administrator, source owner or operator, inspector or other interested party shall determine the process weight rate, as used in this Article, as follows: 1. For continuous or long run, steady-state process sources, the process weight rate is the total process weight for the entire period of continuous operation, or for a typical portion of that period, divided by the number of hours of the period, or portion of hours of that period. 2. For cyclical or batch process sources, the process weight rate is 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 the period. (Ord. 2004-97 § 4, Ord. 1979-93 (part), 1979) **** 17.16.165 Standards of performance for fossil-fuel fired industrial and commercial equipment. **** B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or other outlet. The heat content of solid fuel shall be determined in accordance with 17.12.220 17.12.040. Compliance tests shall be conducted during operation at the nominal rated capacity of each unit. The total heat input of all fuel-burning units on a plant or premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted. **** (Ord. 2004-97 § 4, Ord. 1994-83 § 54, 1994: Ord. 1993-128 § 4 (part), 1993) **** 17.16.430 Standards of performance for unclassified sources. Volume 10, Issue 46 Page 4614 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 **** G. Where a stack, vent or other outlet is at such a level that fumes, gas, mist, odor, smoke, vapor or any combination thereof constituting air pollution 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 by the owner or operator thereof to a degree that will adequately dilute, reduce or eliminate the discharge of air pollution to adjoining property. (Ord. 2004-97 § 4, Ord. 1994-83 § 58, 1994: Ord. 1993-128 § 4 (part), 1993) **** 17.16.490 Standards of performance for new stationary sources (NSPS). A. Except as provided in subsections B, C and D of this section, and 17.16.500 through 17.16.520, the following subparts of 40 CFR Part 60, and accompanying appendices, the federal standards of performance for new stationary sources, adopted as of July 1, 19962004 and no future editions are incorporated herein by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. 1. Subpart A - General Provisions. (Section 60.1 – Section 60.19) 2. Subpart B – Excluded 3. Subpart C – Excluded 4. Subpart Ca - Reserved 5. Subpart Cb – Excluded 6. Subpart Cc – Excluded 7. Subpart Cd – Excluded 8. Subpart Ce – Excluded 29. Subpart D - Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971. (Section 60.40 – 60.46) 310. Subpart Da - Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978. (Section 60.40a – 60.49a) 411. Subpart Db - Industrial-Commercial-Institutional Steam Generating Units. (Section 60.40b – 60.49b) 512.Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units. (Section 60.40c – 60.48c) 613.Subpart E - Incinerators. (Section 60.50 – 60.54) 714.Subpart Ea - Municipal Waste Combustors for which Construction is Commenced after December 20, 1989, and on or before September 20, 1994. (Section 60.50a – 60.59a) 815.Subpart Eb - Municipal Waste Combustors for which Construction is Commenced after September 20, 1994. (Section 60.50b – 60.59b) 16. Subpart Ec – Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (Section 60.50c – 60.58c & Tables) 917.Subpart F - Portland Cement Plants. (Section 60.60 – 60.66) 1018.Subpart G - Nitric Acid Plants. (Section 60.70 – 60.74) 1119.Subpart H - Sulfuric Acid Plants. (Section 60.80 – 60.85) 1220.Subpart I - Hot Mix Asphalt Facilities. (Section 60.90 – 60.93) 1321.Subpart J - Petroleum Refineries. (Section 60.100 – 60.109) 1422.Subpart K - Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. (Section 60.110 – 60.113) 1523.Subpart Ka - Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984. (Section 60.110a – 60.115a) 1624.Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984. (Section 60.110b – 60.117b) 1725.Subpart L - Secondary Lead Smelters. (Section 60.120 – 60.123) 1826.Subpart M - Secondary Brass and Bronze Ingot Production Plants. (Section 60.130 –60.133) 1927.Subpart N - Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973. (Section 60.140 – 60.144) 2028.Subpart Na - Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983. (Section 60.140a – 60.145a) 2129.Subpart O - Sewage Treatment Plants. (Section 60.150 – 60.156) 2230.Subpart P - Primary Copper Smelters. (Section 60.160 – 60.166) 2331.Subpart Q - Primary Zinc Smelters. (Section 60.170 – 60.176) 2432.Subpart R - Primary Lead Smelters. (Section 60.180 – 60.186) 2533.Subpart S - Primary Aluminum Reduction Plants. (Section 60.190 – 60.195) 2634.Subpart T - Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. (Section 60.200 – 60.204) 2735.Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants. (Section 60.210 – 60.214) 2836.Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants. (Section 60.220 – 60.224) November 12, 2004 Page 4615 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 2937.Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants. (Section 60.230 – 60.234) 3038.Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities. (Section 60. 240 – 60.244) 3139.Subpart Y - Coal Preparation Plants. (Section 60.250 – 60.254) 3240.Subpart Z - Ferroalloy Production Facilities. (Section 60.260 – 60.266) 3341.Subpart AA - Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983. (Section 60. 270 – 60.276) 3442.Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983. (Section 60.270a – 60-276a) 3543.Subpart BB - Kraft Pulp Mills. (Section 60.280 – 60.285) 3644.Subpart CC - Glass Manufacturing Plants. (Section 60.290 – 60.296) 3745.Subpart DD - Grain Elevators. (Section 60.300 – 60.304) 3846.Subpart EE - Surface Coating of Metal Furniture. (Section 60.310 – 60.316) 47. Subpart FF - Reserved 3948.Subpart GG - Stationary Gas Turbines. (Section 60.330 – 60.335) 4049.Subpart HH - Lime Manufacturing Plants. (Section 60.340 – 60.344) 4150.Subpart KK - Lead-Acid Battery Manufacturing Plants. (Section 60.370 – 60.374) 4251.Subpart LL - Metallic Mineral Processing Plants. (Section 60.380 – 60.388) 4352.Subpart MM - Automobile and Light Duty Truck Surface Coating Operations. (Section 60.390 – 60.398) 4453.Subpart NN - Phosphate Rock Plants. (Section 60.400 – 60.404) 4554.Subpart PP - Ammonium Sulfate Manufacture. (Section 60.420 – 60.424) 4655.Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing. (Section 60.430 – 60.435) 4756.Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations. (Section 60.440 – 60.447) 4857.Subpart SS - Industrial Surface Coating: Large Appliances. (Section 60.450 – 60.456) 4958.Subpart TT - Metal Coil Surface Coating. (Section 60.460 – 60.466) 5059.Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture. (Section 60.470 – 60.474) 5160.Subpart VV - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry. (Section 60.480 – 60.489) 5261.Subpart WW - Beverage Can Surface Coating Industry. (Section 60.490 – 60.496) 5362.Subpart XX - Bulk Gasoline Terminals. (Section 60.500 – 60.506) 5463.Subpart AAA - New Residential Wood Heaters. (Section 60.530 – 60.539b) 5564.Subpart BBB - Rubber Tire Manufacturing Industry. (Section 60.540 – 60.548) 65. Subpart CCC – Reserved 5666.Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. (Section 60.560 – 60.566) 67. Subpart EEE - Reserved 5768.Subpart FFF - Flexible Vinyl and Urethane Coating and Printing. (Section 60.580 – 60.585) 5869.Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries. (Section 60.590 – 60.593) 5970.Subpart HHH - Synthetic Fiber Production Facilities. (Section 60.600 – 60.604) 6071.Subpart III - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes. (Section 60.610 – 60.618) 6172.Subpart JJJ - Petroleum Dry Cleaners. (Section 60.620 – 60.625) 6273.Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants. (Section 60.630 – 60.636) 6374.Subpart LLL - Onshore Natural Gas Processing; SO2 Emissions. (Section 60.640 – 60.648) 75. Subpart MMM - Reserved 6476.Subpart NNN - Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations. (Section 60.660 – 60.668) 6577.Subpart OOO - Nonmetallic Mineral Processing Plants. (Section 60.670 – 60.676) 6678.Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants. (Section 60.680 – 60.685) 6779.Subpart QQQ - VOC Emissions From Petroleum Refinery Wastewater Systems. (Section 60.690 – 60.699) 6880.Subpart RRR - Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical manufacturing Industry (SOCMI) Reactor Processes. (Section 60.700 – 60.708) 6981.Subpart SSS - Magnetic Tape Coating Facilities. (Section 60.710 – 60.718) 7082.Subpart TTT - Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines. (Section 60.720 – 60.726) 7183.Subpart UUU - Calcines and Dryers in Mineral Industries. (Section 60.730 – 60.737) 7284.Subpart VVV - Polymeric Coating of Supporting Substrates Facilities. (Section 60.740 – 60.747) 7385.Subpart WWW - Municipal Solid Waste Landfills. (Section 60.750 – 60.759) 86. Subpart AAAA – Small Municipal Waste Combustion Unites for Which Construction is Commenced After August Volume 10, Issue 46 Page 4616 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001. (Section 60.1000 – 60.1465 & Tables) 87. Subpart BBBB – Excluded 88. Subpart CCCC – Commercial and Industrial Solid Waste Incineration for Which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is Commenced on or after June 1, 2001. 89. Subpart DDDD – Excluded B. As used in 40 CFR Part 60: “Administrator” means the control officer, except that the control officer shall not be empowered to approve alternate or equivalent test methods nor to deal with equivalency determinations or innovative technology waivers. C. From the general standards identified in subsection A, delete the following: 1. 40 CFR 60.4. All requests, reports, applications, submittals and other communication to the control officer pursuant to this article shall be submitted to the Pima County Department of Environmental Quality, 1350 W. Congress, Tucson, AZ 85701. 2. 40 CFR 60.5, and 60.6. D. The control officer shall not be delegated authority to deal with equivalency determinations or innovative technology waivers as covered in sections 111(h)(3) and 111(j) of the Act. (Ord. 2004-97 § 4; Ord. 1997-79 § 9, 1997; Ord. 1994-83 § 59, 1994: Ord. 1993-128 § 4 (part), 1993); Ord. 1991-136 § 15, 1991: Ord. 1990-113 § 6, 1990: Ord. 1989-165 § 21, 1989: Ord. 1988-117 § 2, 1988: Ord. 1986-227 § 1 (part), 1986: Ord. 1985-126 (part), 1985: Ord. 1983-196 (part), 1983) ARTICLE VII. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 17.16.530 National Emissions Standards for Hazardous Air Pollutants (NESHAP). A. Except as provided in subsections B, C, and D of this section, the following subparts of 40 CFR Part 61 (NESHAPs) and all accompanying appendices, adopted as of July 1, 2004 and no future editions are incorporated by reference. These standards are on file with the Office of the Secretary of State and the Department and shall be applied by the Department. Subpart A - General Provisions. (Section 61.01 – 61.19) 2. Subpart B – Excluded 23. Subpart C - Beryllium. (Section 61.20 – 61.26) 34. Subpart D - Beryllium Rocket Motor Firing. (Section 61.40 – 61.44) 45. Subpart E - Mercury. (Section 61.50 – 61.56) 56. Subpart F - Vinyl Chloride. (Section 61.60 – 61.71) 7. Subpart G - Reserved 8. Subpart H – Excluded 9. Subpart I – Excluded 610.Subpart J - Equipment Leaks (Fugitive Emission Sources) of Benzene. (Section 61.110 – 61.112) 11. Subpart K – Excluded 712.Subpart L - Benzene Emissions from Coke By-Product Recovery Plants. (Section 61.130 – 61.139) 813.Subpart M - Asbestos. (Section 61.140 – 61.157 & Appendix A) 914.Subpart N - Inorganic Arsenic Emissions from Glass Manufacturing Plants. (Section 61.160 – 61.165) 1015.Subpart O - Inorganic Arsenic Emissions from Primary Copper Smelters. (Section 61.170 – 61.177) 1116.Subpart P - Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production. (Section 61.180 – 61.186) 17. Subpart Q - Excluded 18. Subpart R - Excluded 19. Subpart S - Reserved 20. Subpart T - Excluded 21. Subpart U - Reserved 1222.Subpart V - Equipment Leaks (Fugitive Emission Sources). (Section 61.240 – 61.247 & Tables) 23. Subpart W – Excluded 24. Subpart X - Reserved 1325.Subpart Y - Benzene Emissions From Benzene Storage Vessels. (Section 61.270 – 61.277) 26. Subpart Z - Reserved 27. Subpart AA - Reserved 1428. Subpart BB - Benzene Emissions from Benzene Transfer Operations. (Section 61.300 – 61.306) 29. Subpart CC - Reserved 30. Subpart DD - Reserved 31. Subpart EE - Reserved 1532.Subpart FF - Benzene Waste Operations. (Section 61.340 – 61.359 & Appendices) B. Except as provided in subsection A, the following subparts of 40 CFR Part 63, NESHAPs for Source Categories and all November 12, 2004 Page 4617 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 accompanying appendices, adopted as of July 1, 2004 and no future editions are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. 1. Subpart A - General Provisions (Section 63.1 - 63.15) 2. Subpart B - Requirements for Control Technology Determinations for major Sources in Accordance with Clean Air Act Sections 112(g) and 112(j) (Section 63.40 - 63.56) 3. Subpart C - Excluded 34. Subpart D - Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants. (Section 63.70 - 63.81) 5. Subpart E - Excluded 46. Subpart F - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry (Section 63.100 - 63.107 & Tables) 57. 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 (Section 63.110 63.152 & Appendix) 68. Subpart H - National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks (Section 63.160 - 63.182 & Tables) 79. Subpart I - National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks (Section 63.190 - 63.193) 10. Subpart J – Reserved 11. Subpart K – Reserved 812.Subpart L - National Emission Standards for Coke Oven Batteries. (Section 63.300 - 63.313 & Appendix) 913.Subpart M - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. (Section 63.320 63.325) 1014. Subpart N - National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. (Section 63.340 - 63.347 & Table) 1115.Subpart O - Ethylene Oxide Emissions Standards for Sterilization Facilities (Section 63.360 - 63.367) 16. Subpart P - Reserved 1217.Subpart Q - National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers (Section 63.400 - 63.406 & Table) 1318.Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). (Section 63.420 - 63.429 & Table) 19. Subpart S - National Emission Standards for Pulp and Paper (Section 63.440 - 63.459 & Table) 1420. Subpart T - National Emission Standards for Halogenated Solvent Cleaning. (Section 63.460 - 63.470 & Appendices) 1521.Subpart U - Group I Polymers and Resins (Section 63.480 - 63.506 & Tables) 22. Subpart V - Reserved 1523.Subpart W - National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production. (Section 63.520 - 63.528 & Table) 1624.Subpart X - National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting (Section 63.541 - 63.550) 25. Subpart Y - Excluded 26. Subpart Z - Reserved 27. Subpart AA – National Emission Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing Plants (Section 63.600 - 63.610 & Appendix) 28. Subpart BB – National Emission Standards for Hazardous Air Pollutant for Phosphate Fertilizers Production Plants (Section 63.620 - 63.631 & Appendix) 1729.Subpart CC - National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries (Section 63.640 - 63.679 & Appendix) 30. Subpart DD - National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations (Section 63.680 - 63.698 & Tables) 1831.Subpart EE - National Emission Standards for Magnetic Tape Manufacturing Operations. (Section 63.701 - 63.708 & Table) 32. Subpart FF - Reserved 1933.Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities (Section 63.741 63.759 & Table & Appendix) 34. Subpart HH – National Emission Standards for Oil and Natural Gas Production Facilities (Section 63.760 - 63.779 & Appendix) 35. Subpart II - Excluded 2036.Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations (Section 63.800 - 63.819 & Volume 10, Issue 46 Page 4618 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Tables) 2137.Subpart KK - National Emission Standards for the Printing and Publishing Industry (Section 63.820 - 63.839 & Tables) 38. Subpart LL - National Emission Standards for Primary Aluminum Reduction Plants (Section 63.840 - 63.859 & Tables & Appendix) 39. Subpart MM - Excluded 40. Subpart OO - National Emission Standards for Tanks- Level 1 (Section 63.900 - 63.907) 41. Subpart PP - National Emission Standards for Containers (Section 63.920 - 63.928) 42. Subpart QQ - National Emission Standards for Surface Impoundments (Section 63.940 - 63.948) 43. Subpart RR - National Emission Standards for Individual Drain Systems (Section 63.960 - 63.966) 44. Subpart SS - National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process (Section 63.980 - 63.999) 45. Subpart TT - National Emission Standards for Equipment Leaks -Control Level 1 (Section 63.1000 - 63.1018) 46. Subpart UU - National Emission Standards for Equipment Leaks -Control Level 2 (Section 63.1019 - 63.1039 & Table) 47. Subpart VV - National Emission Standards for Oil-Water Separators and Organic-Water Separators (Section 63.1040 - 63.1049) 48. Subpart WW - National Emission Standards for Storage Vessels (Tanks) – Control Level 2 (Section 63.1060 63.1066) 49 Subpart XX - Reserved 50. Subpart YY - National Emission Standards for Generic MACT Standards (Section 63.1100 - 63.1113) 51. Subpart ZZ – Reserved 52. Subpart AAA – Reserved 53. Subpart BBB - Reserved 54. Subpart CCC - National Emission Standards for Steel Pickling (Section 63.1156 - 63.1174 & Table) 55. Subpart DDD - National Emission Standards for Mineral Wool Production (Section 63.1175 - 63.1199 & Table & Appendix) 56. Subpart EEE - National Emission Standards for Hazardous Waste Combustors (Section 63.1200 - 63.1213 & Table & Appendix) 57. Subpart FFF - Reserved 58. Subpart GGG - National Emission Standards for Pharmaceuticals Production (Section 63.1250 - 63.1261 & Tables) 59. Subpart HHH - National Emission Standards for Natural Gas Transmission and Storage Facilities (Section 63.1270 63.1289 & Appendix) 60. Subpart III - National Emission Standards for Flexible Polyurethane Foam Production (Section 63.1290 - 63.1309 & Appendix) 61. Subpart JJJ - National Emission Standards for Group IV Polymers and Resins (Section 63.1310 - 63.1335 & Tables) 62. Subpart KKK - Reserved 63. Subpart LLL - National Emission Standards for Portland Cement Manufacturing Industry (Section 63.1340 - 63.1359 & Table) 64. Subpart MMM - National Emission Standards for Pesticide Active Ingredient Production (Section 63.1360 - 63.1369 & Tables) 65. Subpart NNN - National Emission Standards for Wool Fiberglass Manufacturing (Section 63.1380 - 63.1399 & Table & Appendices) 66. Subpart OOO – National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins (Section 63.1400 - 63.1419 & Tables) 67. Subpart PPP - National Emission Standards for Polyether Polyols Production (Section 63.1420 - 63.1439 &Tables) 68. Subpart QQQ - National Emission Standards for Primary Copper Smelting (Section 63.1440 - 63.1459 & Table & Figure) 69. Subpart RRR - National Emission Standards for Secondary Aluminum Production (Section 63.1500 - 63.1520 & Tables) 70. Subpart SSS - Reserved 71. Subpart TTT - National Emission Standards for Primary Lead Smelting (Section 63.1541- 63.1550) 72. Subpart UUU - National Emission Standards for Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, And Sulfur Plan Units (Section 63.1560 - 63.1579 & Tables) 73. Subpart VVV--National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works (Section 63.1580 - 63.1595 & Table) 74. Subpart WWW - Reserved 75. Subpart XXX - National Emission Standards for Ferroalloys Production (Section 63.1620 - 63.1679) 76. Subpart AAAA - National Emission Standards for Municipal Solid Waste Landfills (Section 63.1930 - 63.1990 & November 12, 2004 Page 4619 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Appendix) 77. Subpart CCCC - National Emission Standards for Manufacturing of Nutritional Yeast (Section 63.2130 - 63.2192 & Appendices) 78. Subpart DDDD - Reserved 79. Subpart EEEE - National Emission Standards for Organic Liquids Distribution (Non-Gasoline) (Section 63.2330 63.2406 & Appendices) 80. Subpart FFFF--National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing (Section 63.2430 - 63.2550 & Appendices) 81. Subpart GGGG - National Emission Standards for Solvent Extraction for Vegetable Oil Production (Section 63.2830 - 63.2872) 82. Subpart HHHH - National Emission Standards for Wet-Formed Fiberglass Mat Production (Section 63.2980 63.3079 & Appendices) 83. Subpart JJJJ - National Emission Standards for Paper and Other Web Coating (Section 63.2130 - 63.2192 & Appendices) 84. Subpart KKKK--National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans (Section 63.3480 - 63.3561 & Appendices) 85. Subpart MMMM--National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products (Section 63.3880 - 63.3981 & Appendices) 86. Subpart NNNN - National Emission Standards for Large Appliances (Section 63.4080 - 63.4181 & Appendices) 87. Subpart OOOO--National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles (Section 63.4280 - 63.4371 & Appendices) 88. Subpart QQQQ - National Emission Standards for Wood Building Products (Section 63.4680 - 63.4781 & Appendices) 89. Subpart RRRR - National Emission Standards for Surface Coating of Metal Furniture (Section 63.4880 - 63.4981 & Appendices) 90. Subpart SSSS - National Emission Standards for Surface Coating of Metal Coil (Section 63.5080 - 63.5206 & Appendices) 91. Subpart TTTT - National Emission Standards for Leather Finishing Operations (Section 63.5280 - 63.5460 & Appendices) 92. Subpart UUUU - National Emission Standards for Cellulose Products Manufacturing (Section 63.5480 - 63.5610 & Appendices) 93. Subpart VVVV - National Emission Standards for Boat Manufacturing (Section 63.5680 - 63.5779 & Appendices) 94. Subpart WWWW - National Emission Standards for Reinforced Plastics Composites Production (Section 63.5780 63.5935 & Appendices) 95. Subpart XXXX - National Emission Standards for Tire Manufacturing (Section 63.5980 - 63.6015 & Appendices) 96. Subpart YYYY--National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines (Section 63.6080 - 63.6175 & Appendices) 97. Subpart ZZZZ - Reserved 98. Subpart AAAAA--National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (Section 63.7080 - 63.7143 & Appendices) 99. Subpart BBBBB - National Emission Standards for Semiconductor Manufacturing (Section 63.7180 - 63.7195 & Appendices) 100.Subpart CCCCC - National Emission Standards for Coke Oven: Pushing, Quenching and Battery Stacks (Section 63.7280 - 63.7352 & Appendix) 101.Subpart DDDDD - Reserved 102. Subpart EEEEE--National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries (Section 63.7680 - 63.7765 & Appendix) 103.Subpart FFFFF - National Emission Standards for Integrated Iron and Steel (Section 63.7780 - 63.7852 & Appendices) 104.Subpart GGGGG--National Emission Standards for Hazardous Air Pollutants: Site Remediation (Section 63.7880 63.7957 & Appendices) 105.Subpart HHHHH--National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing (Section 63.7980 - 63.8105 & Appendices) 106.Subpart IIIII--National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants (Section 63.8180 - 63.8266 & Appendices) 107.Subpart JJJJJ - National Emission Standards for Brick and Structural Clay Products Manufacturing (Section 63.8380 - 63.8515 & Appendices) 108.Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing (Section 63.8530 - 63.8665 & Appendices) Volume 10, Issue 46 Page 4620 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 109.Subpart LLLLL - National Emission Standards for Asphalt Roofing and Processing (Section 63.8680 - 63.8698 & Appendices) 110.Subpart MMMMM - National Emission Standards for Flexible Polyurethane Foam Fabrication Operation (Section 63.8780 - 63.8830 & Appendices) 111. Subpart NNNNN--National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production (Section 63.8980 - 63.9075 & Appendices) 112.Subpart OOOOO - Reserved 113.Subpart PPPPP - National Emission Standards for Engine Test Cells/Stands (Section 63.9280 - 63.9375 & Appendices) 114.Subpart QQQQQ - National Emission Standards for Friction Products Manufacturing (Section 63.9480 - 63.9579 & Appendix) 115.Subpart RRRRR--National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing (Section 63.9580 - 63.9652 & Appendices) 116.Subpart SSSSS - National Emission Standards for Refractory Products Manufacturing (Section 63.9780 - 63.9824 & Appendices) 117.Subpart TTTTT--National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining (Section 63.9880 - 63.9942 & Appendices) C. When used in 40 CFR Part 61 or part 63, “Administrator” means the control officer except that the control officer shall not be authorized to approve alternate or equivalent test methods or alternate standards/work practices. D. From the general standards identified in subsection A of this section delete 40 CFR 61.04. All requests, reports, applications, submittals and other communications to the control officer pursuant to this article shall be submitted to the Pima County Department of Environmental Quality, 1350 W. Congress, Tucson, AZ 85701. E. The control officer shall not be delegated authority to deal with equivalency determinations that are nontransferable through section 112(e)(3) of the Act. (Ord. 2004-97 § 4, Ord. 1998-27 § 15, 1998; Ord. 1997-79 § 10, 1997; Ord. 1995-87 § 49. 1995; Ord. 1994-83 § 60, 1994: Ord. 1993-128 § 4 (part), 1993; Ord. 1991-136 § 14, 1991: Ord. 1988-117 § 1, 1988: Ord 1986-227 § 1 (part), 1986: Ord. 1985-126 (part), 1985; Ord. 1983-196 (part), 1983) **** 17.16.700 Alternative Emission limitations. 40 CFR 63 Subpart D, “Regulations governing compliance extensions for early reductions of hazardous air pollutants” and all accompanying appendices, adopted as of July 1, 1996 2004, and no future editions is adopted by reference. (Ord. 2004-97 § 4, Ord. 1997-79 § 11, 1997) SECTION 5. Chapter 17.28, Section 17.28.065, is hereby amended to read: Chapter 17.28 VIOLATIONS AND CONDITIONAL ORDERS **** 17.28.065 Excess Emissions. A.A.C. R18-2-310 and R18-2-310.01 as of February 15, 2001 is are hereby adopted in its entirety and is are incorporated herein by this reference, except that all references to the “Director” shall be to the “Control Officer”. (Ord. 2004-97 § 5, Ord. 1997-79 § 14, 1997) November 12, 2004 Page 4621 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Table 17.16.040 EMISSIONS-DISCHARGE OPACITY LIMITING STANDARDS Instantaneous Opacity Measurements Type of Source Required Number (For a Set) Excluded Number (Highest Values) Maximum Allowable Average Opacity, % Number to Use For Averaging Asbestos Containing Operation1 25 0 25 0 Cold Diesel Engines2 25 0 25 60 Loaded Diesel Engines3 26 1 25 60 Incinerators 27 2 25 20 Portland Cement Plants4 25 0 25 20 Other Sources5 25 0 25 4020 1 An asbestos mill, manufacturing or fabrication operation which uses asbestos as a raw material, or spraying operation which sprays materials containing more than 1% asbestos by weight. 2 Applicable to the first 10 consecutive minutes after starting up a diesel engine. 3 Applicable to a diesel engine being accelerated under load. 4 Applicable to kiln, clinker cooler, and other process equipment. 5 Any source not otherwise specifically covered within this table, unless otherwise specifically covered in this chapter. (Ord. 2004-97 § 5; Ord. 1993-128 § 4, 1993; Ord. 1979-93 (part), 1979) **** SECTION 6. If any of the provisions of this ordinance or the application thereof to any person or circumstance is invalid, the invalidity shall not effect other provisions or applications of this ordinance which can be given effect without the invalid provision or circumstance, and do this end the provisions of this ordinance are severable. SECTION 7. This ordinance shall become effective 31 days from the date of adoption. Volume 10, Issue 46 Page 4622 November 12, 2004 This page left intentionally blank. DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 Pima County Regional Haze Submittal Pursuant to CAA §169A RE: Pima County Code Revisions of October 19, 2004 Table of Contents December 31, 2004 This submittal reflects Pima County Code revisions adopted by the Pima County Board of Supervisors on October 19, 2004, and supplements the elements of the Arizona Department of Air Quality Regional Haze State Implementation Plan submittal to the Environmental Protection Agency, as required by the Clean Air Act §169A and 40 CFR 51.300 -309. 1. Transmittal Letter from Control Officer. 2. Evidence of Legal Adoption – Regarding Board of Supervisors action on October 19, 2004: a. Pima County Board of Supervisors Ordinance 2004-97, which ratifies those changed approved by the Board of Supervisors on October 19, 2004, and additionally adopts changes to the Open Burning rules (17.12.480). Generally, those changes are shown in a strikeout/underlined draft revision proposal. Identified as “Ordinance 2004-97: An Ordinance of the Board of Supervisors of Pima County, Arizo na, relating to the Environment and Air Quality; amending Chapters 17.04; 17.08; 17.12; 17.16; and 17.28 to conform with Corresponding State and Federal Air Quality Regulations.” b. Hard-copy version of “Ordinance 2004-97.” SEE NO. 6b. 3. Evidence of Lega l Authority - County Attorney’s Opinion NOT AVAILABLE HERE 4. Copy of Pima County Code (abbreviated with Open Burning Rule changes only) as last amended on October 19, 2004. NOT AVAILABLE HERE 5. Copies of public notices: a. Copy of notice as posted and mailed; verification of posting/mailing prior to public hearing. CERTIFICATION OF NOTICE, FAXES ONLY b. “Notice of Expedited Rulemaking – Conformance Changes” dated August 24, 2004. NOT AVAILABLE HERE Visit our website at: www.deq.pima.gov Printed on recycled paper DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 c. d. e. f. “Notice of Public Hearing” published in the Tucson Citizen on September 12, 2004, and in the Daily Territorial on September 2, 2004. NOT AVAILABLE HERE Copy of Pima County Department of Environmental Quality (PDEQ) website page with links to: Public Hearing Notice, Arizona Administrative Register Notice, and Title 17 Rule Revisions. NOT AVAILABLE HERE Copy of Arizona Administrative Register Notice – “Notice of Expedited Rulemaking – Pima County Air Quality Control Regulations” dated September 10, 2004. Copy of Arizona Administrative Register Notice – “Notice of Final Rulemaking – Pima County Air Quality Control Regulations” dated November 12, 2004. 6. Evidence of proper adoption by Board of Supervisors: a. Agenda for Board Meeting of October 19, 2004. b. Signed copy of “Ordinance 2004-97.” c. Minutes of Board Meeting of October 19, 2004. d. Certification letter dated December 31, 2004. 7. Public comments, PDEQ responses and other published information – see Minutes of Board Meeting of October 19, 2004. 8. Technical materials, including SIP submittal and enforceability checklists. 9. Floppy disk, containing the files identified above in a Microsoft Word format, namely a. b. A underline/strike-through version showing only the changed provisions as approved on October 19, 2004; A “clean copy” of the SIP related changes of the Code, incorporating the subject changes. NO. 9 NOT YET AVAILABLE HERE Visit our website at: www.deq.pima.gov Printed on recycled paper DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 December 31, 2004 Mr. Wayne Nastri, Regional Administrator U.S. Environmental Protection Agency, Region IX Mail Code – ORA-1 75 Hawthorne Street San Francisco, CA 94105 c/o c/o Steve Owens, Director of the Arizona Department of Environmental Quality (ADEQ) Nancy Wrona, Director of ADEQ Air Quality Division 1110 W. Washington Street Phoenix, Arizona 85007 RE: Pima County Regional Haze Submittal Pursuant to CAA § 169A To whom it may concern: Pursuant to Ordinance 2004-97 as adopted by the Pima County Board of Supervisors on October 19, 2004, I convey a requested submittal to the Arizona Regional Haze State Implementation Plan (SIP). The only section of this ordinance that applies to the Regional Haze SIP is §17.12.480. As required by 40 CFR §51.103, I have attached an electronic copy of the respective SIP for the EPA and ADEQ. The electronic copy includes the following documents as per the criteria of 40 CFR Subpart 51, Appendix V: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Formal Letter of Submittal Evidence of Legal Adoption (signed Ordinance 2004-97) Evidence of Legal Authority Strikeout/Underline copy of the Pima County Code Chapter 17.12 as amended on October 19, 2004. Clean copy of the Pima County Code Chapter 17.12 as amended on October 19, 2004. Public Notice Affidavit of Publications Published Notice in the Arizona Administrative Register Adoption by Pima County Board of Supervisors – Meeting agenda and minutes Public Comments “SIP Submittal Enforceability Checklist” (Technical Support) Sincerely, Ursula Kramer Director Visit our website at: www.deq.pima.gov Printed on recycled paper This page left intentionally blank. CERTIFICATION OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the attached notice was duly posted at: LOCATION DATE: LOBBY OF PIMA COUNTY ADMINISTRATION BUILDING 9/3/04 PIMA COUNTY CLERK OF THE BOARD FOR POSTING 9/3/04 PDEQ 8/30/04 PIMA COUNTY PUBLIC LIBRARIES mailed 9/3/04 This certification of posting is in accordance with the statement filed by the Pima County Environmental Quality Advisory Council with the Clerk of the Pima County Board of Supervisors. Dated this 7th day of September, 2004. Vicki Bennie Executive Administrative Assistant PDEQ G:\DATA\DO\Marian\T17 Expedited Rulemaking\CERTIFICATION OF POSTING OF NOTICE.doc This page left intentionally blank. FACSIMILE TRANSMITTAL SHEET TO: TUCSON NEWSPAPER (JANICE) LEGAL NOTICE PUBLIC NOTICE – AIR QUALITY FAX NUMBER : (520) 573-4294 FROM: R. GRIMALDI DATE: SEPTEMBER 1, 2004 TOTAL NO. OF PAGES I NCLUDING COVER: 2 PHONE NUMBER: SENDER’S REFERENCE NUMBER: 740-3978 RE: PUBLIC NOTICE NOTICE OF PUBLIC HEARING TITLE 17 REVISIONS þ URGENT ¨ FOR REVIEW PLEASE REPLY Notes/Comments: This cover is followed by one page. If incomplete or unclear, please call (520) 740-3978 by voice or (520) 882-7709 for FAX sheet notice. Please publish on September 12, 2004, and please call 740-3798, if there are any questions. Please send billing to: Pima County Department of Environmental Quality 150 W. Congress, First Floor, Room 109 Tucson, Arizona 85701 Phone: 740-3978 Janice - We only want to publish in the Arizona Daily Star. Thanks! G:\DATA\DO\Marian\T17 Expedited Rulemaking\fax for public notice - Daily Star.doc This page left intentionally blank. FACSIMILE TRANSMITTAL SHEET TO: TERRITORIAL PUBLISHE RS, INC. LEGAL NOTICE PUBLIC NOTICE – AIR QUALITY FAX NUMBER : (520) 294-4040 FROM: R. GRIMALDI DATE: SEPTEMBER 1, 2004 TOTAL NO. OF PAGES I NCLUDING COVER: 2 PHONE NUMBER: SENDER’S REFERENCE NUMBER: 740-3978 RE: PUBLIC NOTICE NOTICE OF PUBLIC HEARING TITLE 17 REVISIONS þ URGENT ¨ FOR REVIEW PLEASE REPLY Notes/Comments: This cover is followed by one page. If incomplete or unclear, please call (520) 740-3978 by voice or (520) 882-7709 for FAX sheet notice. Please publish on or before September 12, 2004, and please call 740-3798, if there are any questions. Please send billing to: Pima County Department of Environmental Quality 150 W. Congress, First Floor, Room 109 Tucson, Arizona 85701 Phone: 740-3978 G:\DATA\DO\Marian\T17 Expedited Rulemaking\fax for public notice - Territorial.doc This page left intentionally blank. Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 COUNTY NOTICES PURSUANT TO A.R.S. § 49-112 Editor’s Note and Disclaimer: County Notices published in the Register do not conform to the standards of the Arizona Rulemaking Manual. The following Notice is reproduced as submitted and imported into the publishing software used by the Office of the Secretary of State. No editing was performed on this Notice. Please consult the county for alternative formats of this Notice. NOTICE OF EXPEDITED RULEMAKING PIMA COUNTY AIR QUALITY CONTROL REGULATIONS Pima County Code Title 17 – Air Quality Control Chapter 4 General Provisions Chapter 8 Ambient Air Quality Standards Chapter 12 Permit And Permit Revisions Chapter 16 Emission Limiting Standards Chapter 28 Violations And Conditional Orders PREAMBLE 1. Sections Affected PCC 17.04.070 PCC 17.08.110 PCC 17.08.130 PCC 17.12.060 PCC 17.12.070 PCC 17.12.140 PCC 17.12.160 PCC 17.12.170 PCC 17.12.180 PCC 17.12.210 PCC 17.12.365 PCC 17.12.480 PCC 17.12.490 PCC 17.12.540 PCC 17.16.130 PCC 17.16.165 PCC 17.16.430 PCC 17.16.530 PCC 17.16.700 PCC 17.28.065 Table 17.16.040 Rulemaking Action Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Repeal Amend Amend Amend Amend Amend Amend Amend Amend 2. Statutory authority for the rulemaking: A.R.S. § 49-112 A.R.S. § 49-424(3) A.R.S. § 49-479.04 A.R.S. § 49-479.08 3. List of all previous notices appearing in the register addressing the proposed rule or ordinance and a concise explanatory statement. None 4. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Jean Parkinson Program Coordinator Volume 10, Issue 37 Page 3764 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 5. Address: Pima County DEQ 150 W. Congress Tucson, AZ 85701 Telephone: (520) 740-3978 Fax: (520) 882-7709 E-mail: Jean.Parkinson@DEQ.CO.PIMA.AZ.US An explanation of the rule, including the Control Officer’s reasons for initiating the rule: Summary: This rulemaking contains amendments to Pima County Code Title 17, which makes corrections to typographical errors; conforms to directly reflect federal and state rule or law, and incorporates by reference provisions of the Arizona Administrative Code and the U.S. Code of Federal Regulations. Statutory Authority: A.R.S § 49-471.08 – Expedited rule or Ordinance making – provides a statutory mechanism for a declaration of an expedited process if the rulemaking is a conforming change to directly reflect federal or state rule or law. Background: Periodically the Pima County Department of Environmental Quality updates and conforms to the Arizona Administrative Code and the Code of Federal Regulations in an effort to achieve consistency and accuracy in Air Quality Regulations for Pima County. The last conforming changes to Title 17 were in 1999. Section by Section Analysis PCC 17.04.070 Amend Updates Code of Federal Regulation references to 2004 version PCC 17.08.110 Amend Conforms to CFR part 81 § 81.303, designating Tucson planning area as Attainment for CO PCC 17.08.130 Amend Conforms to CFR part 81 § 81.303, designating Ajo planning area as Maintenance for SO2 PCC 17.12.060 Amend Conforms to Arizona Administrative Code § R18-2-313, Existing Source Emission Monitoring PCC 17.12.070 Amend Adds subsection references to clarify the rule requirement PCC 17.12.140 Amend Conforms to Arizona Administrative Code § R18-2-302, Applicability; Classes of Permits PCC 17.12.160 Amend Removes an unnecessary subsection reference. PCC 17.12.170 Amend Conforms to Arizona Administrative Code § R18-2-305, Public Records; Confidentiality PCC 17.12.180 Amend Conforms to Arizona Administrative Code § R18-2-306, Permit Contents PCC 17.12.210 Amend Conforms to Arizona Administrative Code § R18-2-306, Compliance Plan Certification PCC 17.12.365 Amend Updated the reference date from July 1, 1996 to July 1, 2004 PCC 17.12.480 Amend Conforms to Arizona Administrative Code § R18-2-602, Unlawful Open Burning PCC 12.12.490 Repeal Repeal Provision relating to standard permit requirements for open burning. PCC 17.12.540 Amend Removes outdated Activity Permit Fee Schedule from the code. September 10, 2004 Page 3765 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 6. PCC 17.16.130 Amend Conforms to Arizona Administrative Code § R18-2-702, General Provisions PCC 17.16.165 Amend Corrects an incorrect code reference within the provision. PCC 17.16.430 Amend Typographical error, adds a comma within a series PCC 17.16.490 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Standards of Performance for New Stationary Sources (NSPS), pursuant to 40 CFR Part 60 PCC 17.16.530 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Emissions Standards for Hazardous Pollutants, (NESHAP), pursuant to 40 CFR Part 61 PCC 17.16.700 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Emission Standards for Hazardous Air Pollutants for Source Categories (NESHAP), pursuant to 40 CFR 63 PCC 17.28.065 Amend Incorporates by reference Arizona Administrative Code § R18-2-310.01 Table 17.16.040 Amend Conforms to Arizona Administrative Code § R18-2-702, General Provisions A demonstration of the grounds and evidence of compliance with A.R.S. § 49-112 Based on information and belief, the Control Officer of the Pima County Department of Environmental Quality affirms the following: Pima County is in compliance with A.R.S. §49-112(A) in that Pima County Department of Environmental Quality adopted ordinances that are not more stringent than nor are they in addition to any provisions of A.R.S. Title 49 or rules adopted by the Director of ADEQ or any Board or Commission authorized to adopt rules pursuant to A.R.S. Title 49. 7. A demonstration of the grounds and evidence of compliance with A.R.S. § 49-471.08: Pursuant to A.R.S. §49-471.08, this rulemaking includes conforming changes to directly reflect federal and state rule of law and is thereby declared an expedited rulemaking. The rulemaking does not alter the sense, meaning or effect of the federal or state rule of law and is substantially identical to the rule in which it is derived. 8. Reference to any study relevant to the rule that the Control Officer reviewed and either relied or did or did not rely on in its evaluation of or justification for the rule, where the public may review each study, all data underlying each study, and any analysis of each study and other supporting material: No studies were reviewed in reference to this rulemaking action. 9. A showing of good cause why the rules are necessary to promote a statewide interest if the rules will diminish a previous grant of authority of a political subdivision of this state: Not applicable 10. The preliminary summary of the economic, small business, and consumer impact: Pima County is proposing to update its incorporations by reference of the following federal regulations: New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Acid Rain. These revisions should not have an economic impact on businesses in Pima County, and should not impose additional costs on the regulated community, small businesses, political subdivisions, and members of the public beyond that already incurred by reason of Federal or State law. In addition, Pima County is updating rules to conform to the Arizona Administrative Code and recent rule amendments finalized by the Arizona Department of Environmental Quality. These revisions should have not have an economic impact on Pima County businesses beyond that already incurred by reason of State law. 11. Name and address of department personnel with whom persons may communicate regarding the accuracy of the economic, small business, and consumer impact statement: Name: Jean Parkinson, Program Coordinator Address: Volume 10, Issue 37 Pima County DEQ 150 W. Congress Tucson, AZ 85701 Page 3766 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Telephone: (520) 740-3978 Fax: (520) 882-7709 E-mail: Jean.Parkinson@DEQ.CO.PIMA.AZ.US 12. The time, place, and nature of the proceedings for the making, amendment, or repeal of the rules and or ordinance: Written comments will be accepted if received between the date of this publication and October 12, 2004 at 5:00 p.m. Written comments may be mailed or hand delivered to the Pima County Department of Environmental Quality (see #4 above). Written comments received during the comment period will be considered formal comments to the proposed expedited rule or ordinance, and will be responded to in the notice of final rulemaking. 13. Any other matters prescribed by the statute that are applicable to the specific agency or to any specific rule or class of rules: None 14. Incorporations by reference and their location in the rules: New incorporations by reference (subparts or larger): Acid Rain (40 CFR Part 72, July 1, 2004): Rule 17.12.365 NSPS (40 CFR Part 60, July 1, 2004): Rule 17.16.490 NESHAP (40 CFR Part 61, July 1, 2004): Rule 17.16.530 (A) NESHAP (40 CFR Part 63, July 1, 2004): Rule 17.16.530 (B) All referenced incorporations provided in the text of the rule or ordinance are available for review at the Pima County Department of Environmental Quality. The federal regulations: New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Acid Rain are also available for review at: http://www.ecfr.gpoaccess.gov 15. The proposed effective date for the rule or ordinance. The contents of this rulemaking will go into effect thirty days after Board adoption. The rule or ordinance will be scheduled for a public hearing/oral proceeding before the Board on: Time: October 19, 2004 at or after 9:00 a.m. Place: Pima County Board of Supervisors Public Hearing Room 130 West Congress Street, First Floor Tucson, AZ 85701 16. The full text of the rule follows: Title 17 of the Pima County Code Air Quality Control ORDINANCE 2004-_______ AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, RELATING TO THE ENVIRONMENT AND AIR QUALITY; AMENDING CHAPTERS 17.04; 17.08; 17.12; 17.16; 17.28 TO CONFORM WITH CORROSPONDING STATE AND FEDERAL AIR QUALITY REGULATIONS. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION 1. Chapter 17.04, Section 17.04.070 is hereby amended to read: Chapter 17.04 GENERAL PROVISIONS **** 17.04.070 Incorporated Materials. **** September 10, 2004 Page 3767 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 3.All parts of the CFR referenced in this Title are amended as of July 1, 1996 2004 unless specifically indicated otherwise. **** (Ord. 2004-_§__, Ord. 1997-79 § 1, 1997; Ord. 1995-87 § 2, 1995; Ord. 1993-128 § 1, 1993) SECTION 2. Chapter 17.08 is hereby amended by amending, Sections 17.08.110 and 17.08.130 to read as follows: Chapter 17.08 AMBIENT AIR QUALITY STANDARDS **** 17.08.110 Tucson CO nonattainment area A. An area defined by the following geographic Township/Range/Section coordinates, as listed in 40 CFR 81.303, shall be an nonattainment area for CO: LATITUDE 32°38.5'N 32°26.5'N 32°12.5'N 31°49.5'N LONGITUDE 111°24.0'W 110°47.5'W 110°32.5'W 110°25.5'W LATITUDE 31°42.0'N 31°52.5'N 32°24.5'N LONGITUDE 110°50.5'W 111°12.5'W 111°29.0'W All portions of Coronado National Forest and Saguaro National Monument lying within the nonattainment area are excluded. B.The Tucson nonattainment area for CO shall be a Class II attainment area for SO2, NO2, and O3, and unclassified for PM10. Designation Designated Area Tucson Area: Pima County Township and Ranges as follows: T11-12S, R12-14E; T13-15S, R11-16E; and T16S, R12-16E Gila and Salt River Baseline and Meridian excluding portions of the Saguaro National Monument and the Coronado National Forest. Date Type July 10, 2000 Attainment Classification Date Type (Ord. 2004-_§__, Ord. 1993-128 § 2, 1993; Ord. 1986-227 § 1 (part), 1986: Ord. 1985-183 (part), 1985: Ord. 1983-196 (part), 1983) Volume 10, Issue 37 Page 3768 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 17.08.130 Ajo nonattainment area. A. An area encompassing Ajo and its immediate surroundings shall be a nonattainment area for SO2, defined by the following township/range/section coordinates: T11S-R6W, T11S-R5W; T12S-R6W, T12S-R5W; T13S-R6W. A. An area defined by the following Township/Range/Section coordinates, as listed in 40 CFR 81.303, shall be an attainment area for SO2: Designated Area Ajo (T11-13S, R5W-R6W) Does not meet primary standards -- Does not meet secondary standards -- Cannot be classified -- Better than nations standards X **** (Ord. 2004-_§__, Ord. 1993-128 § 2, 1993; Ord. 1985-183 (part), 1985; Ord. 1983-196 (part), 1983) SECTION 3. Chapter 17.12 is hereby amended by amending Sections 17.12.060, 17.12.070, 17.12.140, 17.12.160, 17.12.170, 17.12.180, 17.12.210 and 17.12.540 to read as follows: Chapter 17.12 PERMITS AND PERMIT REVISIONS **** 17.12.060 Existing source emission monitoring. A. Every source subject to an existing source performance standard as specified in this title shall install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants and other gases specified in this Section for the applicable source category. 1. Applicability. a. Fossil fuel-fired steam generators as specified in subdivision 1 of subsection C (C)(1) of this Section, shall be monitored for opacity, nitrogen oxides emissions, sulfur dioxide emissions, and oxygen or carbon dioxide. b. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subdivision 4 of subsection C (C)(4) of this Section, shall be monitored for opacity. c. Sulfuric acid plants, as specified in subdivision 3 of subsection C (C)(3) of this Section, shall be monitored for sulfur dioxide emissions. d. Nitric acid plants, as specified in subdivision 2 of subsection C (C)(2) of this Section, shall be monitored for nitrogen oxides emissions. 2. Exemptions. a. Emission monitoring shall not be required when the source of emissions is not operating. 3. Variations. a. Unless otherwise prohibited by the Act, the control officer may approve, on a case-by-case basis, alternative monitoring requirements different from the provisions of this Section if the installation of a September 10, 2004 Page 3769 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or extreme economic reasons. Alternative monitoring procedures shall be specified by the control officer on a case-by-case basis and shall include as a minimum, annual manual stack tests for the pollutants identified for each type of source in this Section. Extreme economic reasons shall mean that the requirements of this Section would cause the source to be unable to continue in business. **** (Ord. 2004-_§__, Ord. 1994-83 § 6, 1994: Ord. 1993-128 § 3 (part), 1993) 17.12.070 Quality assurance. Facilities subject to permit requirements of this chapter shall submit a quality assurance plan to the control officer that meets the requirements of 17.12.040(D)(3) within twelve months of the effective date of this section. Facilities subject to the requirements of 17.12.060 shall submit a quality assurance plan as specified in the permit. (Ord. 2004-_§__, Ord. 1995-87 § 10, 1995;. Ord. 1994-83 § 7, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.140 Applicability; classes of permits. **** B. There shall be two classes of permits as follows: 1. a. b. 2. A Class I permit shall be required for a person to commence construction of or operate any of the following: Any major source. Solid waste incineration units required to obtain a permit pursuant to section 129 (e) of the Act (Solid Waste Combustion). c. An affected source. d. Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the control officer by rule. Unless a Class I permit is required, a Class II permit shall be required for: a. A person to commence construction of or modify either of the following: A source that emits with controls, or has the potential to emit with controls, ten (10) tons per year or (i) more of any hazardous air pollutant listed under A.R.S. § 49-426.04 (A)(1) or twenty-five (25) tons per year of any combination of hazardous air pollutants. (ii) A source that is within a category designated pursuant to A.R.S. 49-426.05 and that emits, or has the potential to emit, with controls one (1) ton per year or more of a hazardous air pollutant or two and one-half (2½) tons per year of any combination of hazardous air pollutants. b. A person to commence construction of or operate any of the following: (i) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act (Standards of Performance for New Stationary Sources). (ii) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act. (iii) Any source that emits, or has the potential to emit, without controls, significant quantities of regulated air pollutants. (iv) Stationary rotating machinery of greater than 325 brake horsepower. Volume 10, Issue 37 Page 3770 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 (v) Fuel-burning equipment which, at a location or property other than a one or two family residence, are fired at a sustained rate of more than one million BTU per hour for more than an eight hour period. c A person to make a modification to a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than those specified in items i and ii of paragraph a and item iii of paragraph b of this subdivision. b. A person to modify a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than or equal to those specified in subsection (B)(2)(a)(iii). **** D. No person may construct or reconstruct any major source of hazardous air pollutants unless the control officer determines that maximum achievable control technology emission limitation (MACT) for new sources under section 112 of the Act will be met. Where If MACT has not been established by the Administrator, such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in 17.16.530.B. For purposes of this subsection, construction and reconstructing a major source shall have the meanings prescribed in 40 CFR 63.41. (Ord. 2004-_§__, Ord. 1998-27 § 3, 1998; Ord. 1995-87 § 11, 1995; Ord. 1994-83 § 11, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.160 Permit application processing procedures. **** C. Unless otherwise required by 17.12.150 B. through F., a timely application is: 1. For a source, other than a major source, applying for a permit for the first time, one that is submitted within 12 months after the source becomes subject to the permit program. 2. For purposes of permit renewal, a timely application is one that is submitted at least 6 months, but not greater than 18 months prior to the date of permit expiration. 3. For initial phase II acid rain permits under Title IV of the Act and regulations incorporated pursuant to section 17.12.365, one that is submitted to the control officer by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides. 4. Any existing source which becomes subject to a standard promulgated by the Administrator pursuant to section 112(d) of the Act (Hazardous Air Pollutants) shall, within twelve months of the date on which the standard is promulgated, submit an application for a permit revision demonstrating how the source will comply with the standard. **** (Ord. 2004-_§__, Ord. 1998-27 § 4, 1998; Ord. 1997-79 § 4, 1997; Ord. 1995-87 § 12, 1995; Ord. 1994-83 § 13, 1994: Ord. 1993-128 § 3 (part), 1993) 17.12.170 Public records; confidentiality. B. **** Any records, reports or information obtained from any person under this title, including records, reports or information obtained or prepared by the control officer or a county employee, shall be available to the public, except that the information or any part of the information shall be considered confidential on either of the following: 1. A showing, satisfactory to the control officer, by any person that the information or a part of the information if made public would divulge the trade secrets of the person. A request for confidentiality shall: September 10, 2004 Page 3771 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a. b. Precisely identify the information in the documents submitted which is considered confidential. 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, is likely to cause substantial harm to the person's competitive position. A determination by the county attorney that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court. **** 2. (Ord. 2004-_§__, Ord. 1994-83 § 14, 1994: Ord.1993-128 § 3 (part), 1993) 17.12.180 Permit contents. A. Each permit issued shall include the following elements: **** 3. Each permit shall contain the following requirements with respect to monitoring: a. All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions), and including any monitoring and analysis procedures or test methods required pursuant to section 17.12.220; b. Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit as reported pursuant to subdivision A.4 of this section. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required pursuant to section 17.12.220. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and c. As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. a. All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including: (i) Monitoring and analysis procedures or test methods under 40 CFR 64; (ii) Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act; and (iii) Monitoring and analysis procedures or test methods required under 17.12.220. b. 40 CFR 64 as codified July 1, 2004, is incorporated by reference and on file with the control officer. This incorporation by reference contains no future editions or amendments. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements not included in the permit as a result of such streamlining; c. If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit as reported under subsection (A)(4). The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required under 17.12.220. Recordkeeping provisions may be sufficient to meet the requirements of this subsection; and d. As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods. Volume 10, Issue 37 Page 3772 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 **** B. Federally Enforceable Requirements 1. 2. The following permit conditions shall be enforceable by the Administrator and citizens under the Act: a. Except as provided in paragraph (B)(2) of this subsection, all terms and conditions in a Class I permit, including any provisions designed to limit a source's potential to emit. b. Terms or conditions in a Class II permit setting forth federal applicable requirements, c. Terms and conditions in any permit which are entered into voluntarily pursuant to section 17.12.220, as follows: (i) Emissions limitations, controls or other requirements. (ii) Monitoring, recordkeeping and reporting requirements associated with the emissions limitations, controls or other requirements in subdivision (i) of this subparagraph in subsection (B)(1)(c)(i) Notwithstanding subparagraph subsection (B)(1)(a) of this subsection, the control officer shall specifically designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements. **** E. Emergency provision. 1. 2. 3. 4. 5. An “Emergency” means any 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 sources to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emission attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of subdivision 3 of this subsection (E)(3) are met. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: a. An emergency occurred and that the permittee can identify the cause(s) of the emergency; b. The permitted facility was at the time being properly operated; c. 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 d. The permittee submitted notice of the emergency to the control officer by certified mail or hand delivery within two (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. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. This provision is in addition to any emergency or upset provision contained in any applicable requirement. **** (Ord. 2004-_§__, Ord. 1998-27 § 5, 1998; Ord. 1995-87 § 13, 1995; Ord. 1994-83 § 15, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.210 Compliance plan; certification. A. All permits shall contain the following elements with respect to compliance: 1. The elements required by 17.12.180(A)(3), (4), and (5). September 10, 2004 Page 3773 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 2. 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: a. The frequency for submissions of compliance certifications, which shall not be less than annually; b. The means to monitor the compliance of the source with its emissions limitations, standards, and work practices; c. A requirement that the compliance certification include the following: (i) The identification of each term or condition of the permit that is the basis of the certification; (ii) The compliance status; (iii) Whether compliance was continuous or intermittent; (iv) The method(s) used for determining the compliance status of the source, currently and over the reporting period; and (v) Other facts as the control officer may require to determine the compliance status of the source. i. The identification of each term or condition of the permit that is the basis of the certification; ii. The identification of the methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and other means under 17.12.180(A)(3). If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making false certification or omitting material information; iii. The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the methods or means designated in subsection (2)(c)(ii). The certification shall identify each deviation and take it into account for consideration in the compliance certification. For emission units subject to 40 CFR 64, the certification shall also identify as possible exceptions to compliance any period during which compliance is required and in which an excursion or exceedance defined under 40 CFR 64 occurred; and iv. Other facts the control officer may require to determine the compliance status of the source. d. A requirement that permittees submit all compliance certifications be submitted to the control officer,. and for Class I permits, permittees shall also submit compliance certifications to the Administrator as well. e. Such additional requirements as may be specified pursuant to sections 114(a)(3) and 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions) or pursuant to section 17.12.220. **** (Ord. 2004-_§__, Ord. 1998-27 § 7, 1998; Ord. 1995-87 § 14, 1995; Ord. 1994-83 § 17, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.365 Acid Rain A. The following subparts of 40 CFR Part 72, Permits Regulation, and all accompanying appendices, adopted as of July 1, 19962004, are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Department, and shall be applied by the Department. C. If the provisions or requirements of the regulations incorporated pursuant to this section conflict with any of the remaining portions of the Title, the regulations incorporated pursuant to this section shall apply and take precedence. (Ord. 2004-_§__; Ord. 1997-79 § 7, 1997; Ord. 1995-87 § 19, 1995) Volume 10, Issue 37 Page 3774 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 **** 17.12.480 Open burning permits. A. A person who plans to ignite, allow, or maintain any outdoor fire - except as specifically exempted herein - shall obtain an open burning permit from the control officer before commencing the burning. B. Specific types of open outdoor fires which require open burning permits, as well as those types of fires which do not require permits, are identified in Table 17.12.480. Any open burning not listed in Table 17.12.480 is prohibited. A. In addition to the definitions contained in A.R.S. § 49-501, in this Section: 1. “Agricultural Burning” means burning of vegetative materials related to the production and harvesting of crops and raising of animals for the purpose of marketing for profit, or providing a livelihood, but not including the burning of household waste or prohibited materials. Burning may be conducted in fields, piles, ditch banks, fence rows, or canal laterals for purposes such as weed control, disease and pest prevention, or site preparation. 2. “Air Curtain Destructor” means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood waste and slash materials in an earthen trench or refractory-lined pit or bin. 3. “Approved waste burner” means an incinerator constructed of fire resistant material with a cover or screen that is closed when in use, and has openings in the sides or top no greater than one inch in diameter. 4. “Class I Area” means any one of the Arizona mandatory federal Class I areas defined in A.R.S. § 49-401.01. 5. “Construction burning” means burning wood or vegetative material from land clearing, site preparation, or fabrication, erection, installation, demolition, or modification of any buildings or other land improvements, but does not include burning household waste or prohibited material. 6. “Dangerous material” means 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. 7. “Emission reduction techniques” means methods for controlling emissions from open outdoor fires to minimize the amount of emissions output per unit of area burned. 8. “Flue,” as used in this Section, means any duct or passage for air or combustion gases, such as a stack or chimney. 9. “Household waste” means any solid waste including garbage, rubbish, and sanitary waste from a septic tank that is generated from households including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas, but does not include construction debris, landscaping rubble, demolition debris or prohibited materials. 10. “Independent authority to permit fires” means the authority of a county to permit fires by a rule adopted under Arizona Revised Statutes, Title 49, Chapter 3, Article 3, and includes only Maricopa, Pima, and Pinal counties. 11. “Open outdoor fire or open burning” means the combustion of material of any type, outdoors and in the open, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential, prescribed, and construction burning, and fires using air curtain destructors. 12. “Prescribed burning” means the controlled application of fire to wildland fuels that are in either a natural or modified state, under certain burn and smoke management prescription conditions that have been specified by the land manager in charge of or assisting the burn, to attain planned resource management objectives. Prescribed burning does not include a fire set or permitted by a public officer to provide instruction in fire fighting methods, or construction or residential burning. 13. “Prohibited materials” means nonpaper garbage from the processing, storage, service, or consumption of food; chemically treated wood; lead-painted wood; linoleum flooring, and composite counter-tops; tires; explosives or ammunition; oleanders; asphalt shingles; 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, or arsenic compounds. 14. “Residential burning” means open burning of vegetative materials conducted by or for the occupants of residential dwellings, but does not include burning household waste or prohibited material. September 10, 2004 Page 3775 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 B. Unlawful open burning. Notwithstanding any other rule in this Chapter, a person shall not ignite, cause to be ignited, permit to be ignited, allow, or maintain any open outdoor fire in a county without independent authority to permit fires except as provided in A.R.S. § 49-501 and this Section. C. Open outdoor fires exempt from a permit. The following fires do not require an open burning permit from the control officer or a delegated authority: 1. Fires used only for: a. Cooking of food, b. Providing warmth for human beings, c. Recreational purposes, d. Branding of animals, e. Orchard heaters for the purpose of frost protection in farming or nursery operations, and f. The proper disposal of flags under 4 U.S.C. 1, § 8. 2. Any fire set or permitted by any public officer in the performance of official duty, if the fire is set or permission given for the following purpose: a. Control of an active wildfire; or b. Instruction in the method of fighting fires, except that the person setting these fires must comply with the reporting requirements of subsection (D)(3)(f). 3. Fire set by or permitted by the control officer of Department of Agriculture for the purpose of disease and pest prevention in an organized, area-wide control of an epidemic or infestation affecting livestock or crops. 4. Prescribed burns set by or assisted by the federal government or any of its departments, agencies, or agents, or the state or any of its agencies, departments, or political subdivisions. D. Open outdoor fires requiring a permit. 1. The following open outdoor fires are allowed with an open burning permit from the control officer or a delegated authority: a. Construction burning; b. Agricultural burning; c. Residential burning; d. Prescribed burns conducted on private lands without the assistance of a federal or state land manager as defined under; e. Any fire set or permitted by a public officer in the performance of official duty, if the fire is set or permission given for the purpose of weed abatement, or the prevention of a fire hazard, unless the fire is exempt from the permit requirement under subsection (C)(3); f. Open outdoor fires of dangerous material under subsection (E); g. Open outdoor fires of household waste under subsection (F); and h. Open outdoor fires that use an air curtain destructor, as defined in 17.12.480 (A)(2). 2. A person conducting an open outdoor fire in a county with independent authority to permit fires shall obtain a permit from the control officer or a delegated authority unless exempted under subsection (C). Permits may be issued for a period not to exceed one year. A person shall obtain a permit by completing an PDEQ-approved application form. 3. Open outdoor fire permits issued under this Section shall include: a. A list of the materials that the permittee may burn under the permit; b. A means of contacting the permittee authorized by the permit to set an open fire in the event that an order to extinguish the open outdoor fire is issued by the control officer or the delegated authority; c. A requirement that burns be conducted during the following periods, unless otherwise waived or directed by the control officer on a specific day basis: i. Year-round: ignite fire no earlier than one hour after sunrise; and ii. Year-round: extinguish fire no later than two hours before sunset; d. A requirement that the permittee conduct all open burning only during atmospheric conditions that: i. Prevent dispersion of smoke into populated areas; ii. Prevent visibility impairment on traveled roads or at airports that result in a safety hazard; iii. Do not create a public nuisance or adversely affect public safety; iv. Do not cause an adverse impact to visibility in a Class I area; and v. Do not cause uncontrollable spreading of the fire; e. A list of the types of emission reduction techniques that the permittee shall use to minimize fire emissions.; f. A reporting requirement that the permittee shall meet by providing the following information in a format provided by the control officer for each date open burning occurred, on either a daily basis on the day of the fire, or an annual basis in a report to the control officer or delegated authority due on February 1 for the previous calendar year: i. The date of each burn; ii. The type and quantity of fuel burned for each date open burning occurred; Volume 10, Issue 37 Page 3776 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 iii. The fire type, such as pile or pit, for each date open burning occurred; and iv. For each date open burning occurred, the legal location, to the nearest section, or latitude and longitude, to the nearest degree minute, or street address for residential burns; g. A requirement that the person conducting the open burn notify the local fire-fighting agency or private fire protection service provider, if the service provider is a delegated authority, before burning. If neither is in existence, the person conducting the burn shall notify the state forester.; h. A requirement that the permittee start each open outdoor fire using items that do not cause the production of black smoke; i. A requirement that the permittee attend the fire at all times until it is completely extinguished; j. A requirement that the permittee provide fire extinguishing equipment on-site for the duration of the burn; k. A requirement that the permittee ensure that a burning pit, burning pile, or approved waste burner be at least 50 feet from any structure; l. A requirement that the permittee have a copy of the burn permit on-site during open burning; m. A requirement that the permittee not conduct open burning when an air stagnation advisory, as issued by the National Weather Service, is in effect in the area of the burn or during periods when smoke can be expected to accumulate to the extent that it will significantly impair visibility in Class I areas; n. A requirement that the permittee not conduct open burning when any stage air pollution episode is declared by ADEQ or PDEQ; o. A statement that the control officer, or any other public officer, may order that the burn be extinguished or prohibit burning during periods of inadequate smoke dispersion, excessive visibility impairment, or extreme fire danger; and p. A list of the activities prohibited and the criminal penalties provided under A.R.S. § 13-1706. 4. The control officer or a delegated authority shall not issue an open burning permit under this Section: a. That would allow burning prohibited materials other than under a permit for the burning of dangerous materials; b. If the applicant has applied for a permit under this Section to burn a dangerous material which is also hazardous waste under 40 CFR 261, but does not have a permit to burn hazardous waste under 40 CFR 264, or is not an interim status facility allowed to burn hazardous waste under 40 CFR 265; or c. If the burning would occur at a solid waste facility in violation of 40 CFR 258.24 and the control officer has not issued a variance under A.R.S. § 49-763.01. E. Open outdoor fires of dangerous material. A fire set for the disposal of a dangerous material is allowed by the provisions of this Section, when the material is too dangerous to store and transport, and the control officer has issued a permit for the fire. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The control officer shall permit fires for the disposal of dangerous materials only when no safe alternative method of disposal exists, and burning the materials does not result in the emission of hazardous or toxic substances either directly or as a product of combustion in amounts that will endanger health or safety. F. Open outdoor fires of household waste. An open outdoor fire for the disposal of household waste is allowed by provisions of this Section when permitted in writing by the control officer or a delegated authority. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The permittee shall conduct open outdoor fires of household waste in an approved waste burner and shall either: 1. Burn household waste generated on-site on farms or ranches of 40 acres or more where no household waste collection or disposal service is available; or 2. Burn household waste generated on-site where no household waste collection and disposal service is available and where the nearest other dwelling unit is at least 500 feet away. G. The control officer shall hold an annual public meeting for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques. H. Nothing in this Section is intended to permit any practice that is a violation of any statute, ordinance, rule, or regulation. CI. The term of any open burning permit shall be as specified by the control officer, subject to the following limitations: 1. The term of a temporary open burning permit shall not exceed three consecutive or non-consecutive days within a thirty-day period, and 2. The term of an extended open burning permit shall expire as specified on the original application, and shall in no case exceed ninety days. (Ord. 1987-175 § 4, 14, 1987: Ord. 1981-12 (part), 1981: Ord. 1979-93 (part), 1979) 17.12.490 Standard Permit Requirements. A. A person granted an open burning permit must comply with the following: 1. 2. 3. Permissible burning hours are noon to four p.m. unless stated otherwise on the permit; Burning must be at a safe distance from structures; Burning must be constantly attended with reasonable control tools at hand; September 10, 2004 Page 3777 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 4. 5. Burning may not be conducted on public land or on other land not owned or leased by the permittee without written permission from the owner or land manager; Fire must be dead out when left; and 6. The burning of materials other than those specified by the permit is prohibited. (Ord. 1979-93 (part), 1979) **** 17.12.540 Activity Permit Fees Table 17.12.540 ACTIVITY PERMIT FEES SCHEDULE (effective until July 1, 2003) S.S.1 ACTIVITY RATE COMPONENTS EXEMPTIONS A Landstripping and/or Earthmoving 1 to 5 acres $89.28 plus $8.93 per each additional acre or fraction thereof < 1 acre B Trenching 300 feet of aggregate trenching $17.86 base plus $0.036 per each additional ft. < 300 ft; trenching for landscaping C Road Construction 50 ft. of aggregate road construction $17.86 base plus $0.09 per each additional ft. < 50 ft D Activity permit for NESHAP facilities $420.00 See Exemption Note E Blasting $18.00 plus $3.53 per day of blasting None Volume 10, Issue 37 Page 3778 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Exemption Note: < 260 linear feet on pipes; < 160 square feet on other facility components; < 35 cubic feet off facility components Example Permit Fee Calculations 1. Permit for clearing 4 acres: $89.28 2. Permit for earthmoving on 9 acres: First five acres = $89.28 Remaining four acres = $8.93 x 4 = $35.72 Total = $125.00 3. Permit for trenching 500 feet: Base fee for the first 300 feet = $17.86 Remaining 200 feet = 200 x 0.036 = $ 7.20 Total = $25.06 -------------------------------------------------------------------------------------------------------------------------------------1 Sub-schedule for identification only. (Ord. 1995-87 §26, 1995; Ord. 1994-83 §44, 1994; Ord. 1993-128 §3 (part), 1993; Ord. 1990-113 §16, 1990; Ord. 1989-165 §17 (part), 1989; Ord. 1987-175 §18, 1987) **** SECTION 4. Chapter 17.16, Sections 17.16.130, 17.16.165, 17.16.430, 17.16.430, and 17.16.700 are hereby amended to read: Chapter 17.16 EMISSION LIMITING STANDARDS **** 17.16.130 Applicability. A. This article shall apply only to emissions which enter the atmosphere by passing through a vent, stack, flue, or other similar containing or restrictive device, or which by reasonable modification of the emissions source the emissions can be directed through such a device for testing purposes. a source that is all of the following: 1. An existing source, as defined in 17.04.340; 2. A point source. For the purposes of this Section, “point source” means a source of air contaminants that has an identifiable plume or emissions point; and 3. A stationary source, as defined in 17.04.340. B. Where the nature of a process, operation, or activity allows more than one interpretation of a requirement in this Chapter, the more restrictive or most restrictive interpretation shall apply. CB. Except as otherwise provided in this Chapter relating to specific types of sources, the opacity of any plume or effluent:, from a source described in subsection (a), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be: September 10, 2004 Page 3779 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 1. 1. Shall not be greater than 40 percent, and Greater than 20% in an area that is nonattainment or maintenance for any particulate matter standard, unless an alternative opacity limit is approved by the control officer as provided in subsection (D) and (E), after the effective date of this rule. 2. Shall be determined by reference Method 9 of the Arizona Testing Manual. 2. Greater than 40% in an area that is attainment or unclassifiable for each particulate matter standard; and 3. After April 23, 2006, greater than 20% in any area that is attainment or unclassifiable for each particulate matter standard except as provided in subsections (D) and (E). DC. Where If the presence of uncombined water is the only reason for the an exceedance of any visible emissions requirement in this Article, such the exceedance shall not constitute a violation of the applicable opacity limit. ED. A person owning or operating an air pollution a source may ask petition the control officer for a determination on meeting the requirements of the an alternative applicable opacity standard limit. The petition shall be submitted to PDEQ within three months after the effective date of this rule. 1. The owner or operator shall submit the written reports of the results of the performance tests, the opacity observation results, and observer certification. 1. The petition shall contain: a. Documentation that the affected facility and any associated air pollution control equipment are incapable of being adjusted or operated to meet the applicable opacity standard. This includes: i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests; ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized control technology that is reasonably available considering technical and economic feasibility; and iii. An explanation why the source cannot meet the present opacity limit although it is in compliance with the applicable particulate mass emission rule. b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts in 40 CFR 60 and in Appendix B, Performance Specification 1. c. A verification by a responsible official of the source of the truth, accuracy, and completeness of the petition. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 2. If the control officer finds that the facility is in compliance with all applicable standards for the performance test and still fails to meet the applicable opacity standard, he shall notify the owner or operator of the finding. 2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petition shall also include: a. Documentation that the source conducted concurrent EPA Reference Method stack testing and visible emissions readings or is utilizing a continuous opacity monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least 10% below that limit. For multiple units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing of each unit. Each control device shall be in good operating condition and operated consistent with good practices for minimizing emissions. b. Evidence that the source conducted the stack tests according to 17.12.050, and that they were witnessed by the control officer or the control officer’s agent or representative. c. Evidence that the affected facility and any associated air pollution control equipment were operated and maintained to the maximum extent practicable to minimize the opacity of emissions during the stack tests. 3. The owner or operator may petition the control officer within ten days of receipt of notification, asking the control officer to make an appropriate adjustment to the opacity standard for the facility. 3. If the source for which the alternative opacity standard is being applied is located in a nonattainment area, the petitioner shall include all the information listed in subsections (D)(1) and (D)(2), and in addition: Volume 10, Issue 37 Page 3780 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a. In subsection (D)(1)(a)(ii), the detailed statement or report shall demonstrate that the alternative opacity limit fulfills the Clean Air Act requirement for reasonably available control technology; and b. In subsection (D)(2)(b), the stack tests shall be conducted with an opportunity for the Administrator or the Administrator’s agent or representative to be present. 4. The control officer may grant the petition after public notice and opportunity for public hearing takes place, and upon a demonstration by the owner or operator that: a. The affected facility and the associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance test. b. The performance tests were performed under the conditions established by the control officer. c. The affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the opacity requirement. 5. The control officer may establish an opacity standard for the affected facility based on the determination made in subdivision 4 of this subsection. The opacity standard shall be set at a level indicated by the performance and opacity tests, providing that the source will be able to meet the mass or concentration standard and the opacity standard at all times. Such opacity standard shall be incorporated as a condition of the permit for the affected facility. 6. The control officer shall publish the opacity standard once in one or more newspapers of general circulation in the county. F. The process weight rate utilized in this Article shall be determined as follows: 1. 2. For continuous or long runs, steady state process sources, the process weight rate shall be 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. For cyclical or batch process sources, the process weight rate shall be 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. E. If the control officer receives a petition under subsection (D) the control officer shall approve or deny the petition as provided below by October 15, 2004: 1. If the petition is approved under subsection (D)(1) or (D)(2), the control officer shall include an alternative opacity limit in a proposed significant permit revision for the source under 17.12.260 and 17.12.340. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that an alternative opacity limit under this Section shall not be greater than 40%. For multiple units that are normally operated together and whose emissions vent through a single stack, any new alternative opacity limit shall reflect the opacity level at the common stack exit, and not individual in-duct opacity levels. 2. If the petition is approved under subsection (D)(3), the control officer shall include an alternative opacity limit in a proposed revision to the applicable implementation plan, and submit the proposed revision to EPA for review and approval. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that the alternative opacity limit shall not be greater than 40%. 3. If the petition is denied, the source shall either comply with the 20% opacity limit or apply for a significant permit revision to incorporate a compliance schedule under 17.12.210(5)(c)(iii) by April 23, 2006. 4. A source does not have to petition for an alternative opacity limit under subsection (D) to enter into a revised compliance schedule under 17.12.210(5)(c). F. The control officer, Administrator, source owner or operator, inspector or other interested party shall determine the process weight rate, as used in this Article, as follows: September 10, 2004 Page 3781 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 1. 2. For continuous or long run, steady-state process sources, the process weight rate is the total process weight for the entire period of continuous operation, or for a typical portion of that period, divided by the number of hours of the period, or portion of hours of that period. For cyclical or batch process sources, the process weight rate is 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 the period. (Ord. 2004-_§__, Ord. 1979-93 (part), 1979) **** 17.16.165 Standards of performance for fossil-fuel fired industrial and commercial equipment. **** B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or other outlet. The heat content of solid fuel shall be determined in accordance with 17.12.220 17.12.040. Compliance tests shall be conducted during operation at the nominal rated capacity of each unit. The total heat input of all fuel-burning units on a plant or premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted. **** (Ord. 2004-_§__, Ord. 1994-83 § 54, 1994: Ord. 1993-128 § 4 (part), 1993) **** 17.16.430 Standards of performance for unclassified sources. **** G. Where a stack, vent or other outlet is at such a level that fumes, gas, mist, odor, smoke, vapor or any combination thereof constituting air pollution 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 by the owner or operator thereof to a degree that will adequately dilute, reduce or eliminate the discharge of air pollution to adjoining property. (Ord. 2004-_§__, Ord. 1994-83 § 58, 1994: Ord. 1993-128 § 4 (part), 1993) **** 17.16.490 Standards of performance for new stationary sources (NSPS). A. Except as provided in subsections B, C and D of this section, and 17.16.500 through 17.16.520, the following subparts of 40 CFR Part 60, and accompanying appendices, the federal standards of performance for new stationary sources, adopted as of July 1, 19962004 and no future editions are incorporated herein by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. 1. 2. 3. 4. 5. 6. 7. Subpart A - General Provisions. (Section 60.1 – Section 60.19) Subpart B – Excluded Subpart C – Excluded Subpart Ca - Reserved Subpart Cb – Excluded Subpart Cc – Excluded Subpart Cd – Excluded Volume 10, Issue 37 Page 3782 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 8. Subpart Ce – Excluded 29. Subpart D - Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971. (Section 60.40 – 60.46) 310. Subpart Da - Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978. (Section 60.40a – 60.49a) 411. Subpart Db - Industrial-Commercial-Institutional Steam Generating Units. (Section 60.40b – 60.49b) 512. Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units. (Section 60.40c – 60.48c) 613. Subpart E - Incinerators. (Section 60.50 – 60.54) 714. Subpart Ea - Municipal Waste Combustors for which Construction is Commenced after December 20, 1989, and on or before September 20, 1994. (Section 60.50a – 60.59a) 815. Subpart Eb - Municipal Waste Combustors for which Construction is Commenced after September 20, 1994. (Section 60.50b – 60.59b) 16. Subpart Ec – Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (Section 60.50c – 60.58c & Tables) 917. Subpart F - Portland Cement Plants. (Section 60.60 – 60.66) 1018. Subpart G - Nitric Acid Plants. (Section 60.70 – 60.74) 1119. Subpart H - Sulfuric Acid Plants. (Section 60.80 – 60.85) 1220. Subpart I - Hot Mix Asphalt Facilities. (Section 60.90 – 60.93) 1321. Subpart J - Petroleum Refineries. (Section 60.100 – 60.109) 1422. Subpart K - Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. (Section 60.110 – 60.113) 1523. Subpart Ka - Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984. (Section 60.110a – 60.115a) 1624. Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984. (Section 60.110b – 60.117b) 1725. Subpart L - Secondary Lead Smelters. (Section 60.120 – 60.123) 1826. Subpart M - Secondary Brass and Bronze Ingot Production Plants. (Section 60.130 –60.133) 1927. Subpart N - Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973. (Section 60.140 – 60.144) 2028. Subpart Na - Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983. (Section 60.140a – 60.145a) 2129. Subpart O - Sewage Treatment Plants. (Section 60.150 – 60.156) 2230. Subpart P - Primary Copper Smelters. (Section 60.160 – 60.166) 2331. Subpart Q - Primary Zinc Smelters. (Section 60.170 – 60.176) 2432. Subpart R - Primary Lead Smelters. (Section 60.180 – 60.186) 2533. Subpart S - Primary Aluminum Reduction Plants. (Section 60.190 – 60.195) 2634. Subpart T - Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. (Section 60.200 – 60.204) 2735. Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants. (Section 60.210 – 60.214) 2836. Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants. (Section 60.220 – 60.224) 2937. Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants. (Section 60.230 – 60.234) 3038. Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities. (Section 60. 240 – 60.244) 3139. Subpart Y - Coal Preparation Plants. (Section 60.250 – 60.254) 3240. Subpart Z - Ferroalloy Production Facilities. (Section 60.260 – 60.266) 3341. Subpart AA - Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983. (Section 60. 270 – 60.276) 3442. Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983. (Section 60.270a – 60-276a) 3543. Subpart BB - Kraft Pulp Mills. (Section 60.280 – 60.285) 3644. Subpart CC - Glass Manufacturing Plants. (Section 60.290 – 60.296) September 10, 2004 Page 3783 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 3745. 3846. 47. 3948. 4049. 4150. 4251. 4352. 4453. 4554. 4655. 4756. 4857. 4958. 5059. 5160. Subpart DD - Grain Elevators. (Section 60.300 – 60.304) Subpart EE - Surface Coating of Metal Furniture. (Section 60.310 – 60.316) Subpart FF - Reserved Subpart GG - Stationary Gas Turbines. (Section 60.330 – 60.335) Subpart HH - Lime Manufacturing Plants. (Section 60.340 – 60.344) Subpart KK - Lead-Acid Battery Manufacturing Plants. (Section 60.370 – 60.374) Subpart LL - Metallic Mineral Processing Plants. (Section 60.380 – 60.388) Subpart MM - Automobile and Light Duty Truck Surface Coating Operations. (Section 60.390 – 60.398) Subpart NN - Phosphate Rock Plants. (Section 60.400 – 60.404) Subpart PP - Ammonium Sulfate Manufacture. (Section 60.420 – 60.424) Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing. (Section 60.430 – 60.435) Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations. (Section 60.440 – 60.447) Subpart SS - Industrial Surface Coating: Large Appliances. (Section 60.450 – 60.456) Subpart TT - Metal Coil Surface Coating. (Section 60.460 – 60.466) Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture. (Section 60.470 – 60.474) Subpart VV - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry. (Section 60.480 – 60.489) 5261. Subpart WW - Beverage Can Surface Coating Industry. (Section 60.490 – 60.496) 5362. Subpart XX - Bulk Gasoline Terminals. (Section 60.500 – 60.506) 5463. Subpart AAA - New Residential Wood Heaters. (Section 60.530 – 60.539b) 5564. Subpart BBB - Rubber Tire Manufacturing Industry. (Section 60.540 – 60.548) 65. Subpart CCC – Reserved 5666. Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. (Section 60.560 – 60.566) 67. Subpart EEE - Reserved 5768. Subpart FFF - Flexible Vinyl and Urethane Coating and Printing. (Section 60.580 – 60.585) 5869. Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries. (Section 60.590 – 60.593) 5970. Subpart HHH - Synthetic Fiber Production Facilities. (Section 60.600 – 60.604) 6071. Subpart III - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes. (Section 60.610 – 60.618) 6172. Subpart JJJ - Petroleum Dry Cleaners. (Section 60.620 – 60.625) 6273. Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants. (Section 60.630 – 60.636) 6374. Subpart LLL - Onshore Natural Gas Processing; SO2 Emissions. (Section 60.640 – 60.648) 75. Subpart MMM - Reserved 6476. Subpart NNN - Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations. (Section 60.660 – 60.668) 6577. Subpart OOO - Nonmetallic Mineral Processing Plants. (Section 60.670 – 60.676) 6678. Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants. (Section 60.680 – 60.685) 6779. Subpart QQQ - VOC Emissions From Petroleum Refinery Wastewater Systems. (Section 60.690 – 60.699) 6880. Subpart RRR - Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical manufacturing Industry (SOCMI) Reactor Processes. (Section 60.700 – 60.708) 6981. Subpart SSS - Magnetic Tape Coating Facilities. (Section 60.710 – 60.718) 7082. Subpart TTT - Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines. (Section 60.720 – 60.726) 7183. Subpart UUU - Calcines and Dryers in Mineral Industries. (Section 60.730 – 60.737) 7284. Subpart VVV - Polymeric Coating of Supporting Substrates Facilities. (Section 60.740 – 60.747) 7385. Subpart WWW - Municipal Solid Waste Landfills. (Section 60.750 – 60.759) 86. Subpart AAAA – Small Municipal Waste Combustion Unites for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001. (Section 60.1000 – 60.1465 & Tables) Volume 10, Issue 37 Page 3784 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 87. Subpart BBBB – Excluded 88. Subpart CCCC – Commercial and Industrial Solid Waste Incineration for Which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is Commenced on or after June 1, 2001. 89. Subpart DDDD – Excluded B. As used in 40 CFR Part 60: “Administrator” means the control officer, except that the control officer shall not be empowered to approve alternate or equivalent test methods nor to deal with equivalency determinations or innovative technology waivers. C. From the general standards identified in subsection A, delete the following: 1. 2. D. 40 CFR 60.4. All requests, reports, applications, submittals and other communication to the control officer pursuant to this article shall be submitted to the Pima County Department of Environmental Quality, 1350 W. Congress, Tucson, AZ 85701. 40 CFR 60.5, and 60.6. The control officer shall not be delegated authority to deal with equivalency determinations or innovative technology waivers as covered in sections 111(h)(3) and 111(j) of the Act. (Ord. 2004-_§__, Ord. 1997-79 § 9, 1997; Ord. 1994-83 § 59, 1994: Ord. 1993-128 § 4 (part), 1993); Ord. 1991-136 § 15, 1991: Ord. 1990-113 § 6, 1990: Ord. 1989-165 § 21, 1989: Ord. 1988-117 § 2, 1988: Ord. 1986-227 § 1 (part), 1986: Ord. 1985-126 (part), 1985: Ord. 1983-196 (part), 1983) Article VII. National Emission Standards for Hazardous Air Pollutants 17.16.530 National Emissions Standards for Hazardous Air Pollutants (NESHAP) A. Except as provided in subsections B, C, and D of this section, the following subparts of 40 CFR Part 61 (NESHAPs) and all accompanying appendices, adopted as of July 1, 2004 and no future editions are incorporated by reference. These standards are on file with the Office of the Secretary of State and the Department and shall be applied by the Department. 1. 2. 23. 34. 45. 56. 7. 8. 9. 69. 10. 711. 812. 913. 1014. 1115. 16. 17. 18. 19. Subpart A - General Provisions. (Section 61.01 – 61.19) Subpart B – Excluded Subpart C - Beryllium. (Section 61.20 – 61.26) Subpart D - Beryllium Rocket Motor Firing. (Section 61.40 – 61.44) Subpart E - Mercury. (Section 61.50 – 61.56) Subpart F - Vinyl Chloride. (Section 61.60 – 61.71) Subpart G - Reserved Subpart H – Excluded Subpart I – Excluded Subpart J - Equipment Leaks (Fugitive Emission Sources) of Benzene. (Section 61.110 – 61.112) Subpart K – Excluded Subpart L - Benzene Emissions from Coke By-Product Recovery Plants. (Section 61.130 – 61.139) Subpart M - Asbestos. (Section 61.140 – 61.157 & Appendix A) Subpart N - Inorganic Arsenic Emissions from Glass Manufacturing Plants. (Section 61.160 – 61.165) Subpart O - Inorganic Arsenic Emissions from Primary Copper Smelters. (Section 61.170 – 61.177) Subpart P - Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production. (Section 61.180 – 61.186) Subpart Q - Excluded Subpart R - Excluded Subpart S - Reserved Subpart T - Excluded September 10, 2004 Page 3785 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 20. Subpart U - Reserved 1221. Subpart V - Equipment Leaks (Fugitive Emission Sources). (Section 61.240 – 61.247 & Tables) 22. Subpart W – Excluded 23. Subpart X - Reserved 1324. Subpart Y - Benzene Emissions From Benzene Storage Vessels. (Section 61.270 – 61.277) 25. Subpart Z - Reserved 26. Subpart AA - Reserved 1427. Subpart BB - Benzene Emissions from Benzene Transfer Operations. (Section 61.300 – 61.306) 28. Subpart CC - Reserved 29. Subpart DD - Reserved 30. Subpart EE - Reserved 1531. Subpart FF - Benzene Waste Operations. (Section 61.340 – 61.359 & Appendices) B. Except as provided in subsection A, the following subparts of 40 CFR Part 63, NESHAPs for Source Categories and all accompanying appendices, adopted as of July 1, 2004 and no future editions are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. 1. 2. 3. 34. 5. 46. 57. 68. 79. 8. 9. 810. 911. 1012. 1113. 14. 1215. 1316. 17. 1418. Subpart A - General Provisions (Section 63.1 - 63.15) Subpart B - Requirements for Control Technology Determinations for major Sources in Accordance with Clean Air Act Sections 112(g) and 112(j) (Section 63.40 - 63.56) Subpart C - Excluded Subpart D - Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants. (Section 63.70 - 63.81) Subpart E - Excluded Subpart F - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry (Section 63.100 - 63.107 & Tables) 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 (Section 63.110 - 63.152 & Appendix) Subpart H - National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks (Section 63.160 - 63.182 & Tables) Subpart I - National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks (Section 63.190 - 63.193) Subpart J – Reserved Subpart K – Reserved Subpart L - National Emission Standards for Coke Oven Batteries. (Section 63.300 - 63.313 & Appendix) Subpart M - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. (Section 63.320 63.325) Subpart N - National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. (Section 63.340 - 63.347 & Table) Subpart O - Ethylene Oxide Emissions Standards for Sterilization Facilities (Section 63.360 - 63.367) Subpart P - Reserved Subpart Q - National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers (Section 63.400 - 63.406 & Table) Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). (Section 63.420 - 63.429 & Table) Subpart S - National Emission Standards for Pulp and Paper (Section 63.440 - 63.459 & Table) Subpart T - National Emission Standards for Halogenated Solvent Cleaning. (Section 63.460 - 63.470 & Appendices) Volume 10, Issue 37 Page 3786 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 1519. Subpart U - Group I Polymers and Resins (Section 63.480 - 63.506 & Tables) 20. Subpart V - Reserved 1521. Subpart W - National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production. (Section 63.520 - 63.528 & Table) 1622. Subpart X - National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting (Section 63.541 - 63.550) 23. Subpart Y - Excluded 24. Subpart Z - Reserved 25. Subpart AA – National Emission Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing Plants (Section 63.600 - 63.610 & Appendix) 26. Subpart BB – National Emission Standards for Hazardous Air Pollutant for Phosphate Fertilizers Production Plants (Section 63.620 - 63.631 & Appendix) 1727. Subpart CC - National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries (Section 63.640 - 63.679 & Appendix) 28. Subpart DD - National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations (Section 63.680 - 63.698 & Tables) 1829. Subpart EE - National Emission Standards for Magnetic Tape Manufacturing Operations. (Section 63.701 - 63.708 & Table) 30. Subpart FF - Reserved 1931. Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities (Section 63.741 63.759 & Table & Appendix) 32. Subpart HH – National Emission Standards for Oil and Natural Gas Production Facilities (Section 63.760 - 63.779 & Appendix) 33. Subpart II - Excluded 2034. Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations (Section 63.800 - 63.819 & Tables) 2135. Subpart KK - National Emission Standards for the Printing and Publishing Industry (Section 63.820 - 63.839 & Tables) 36. Subpart LL - National Emission Standards for Primary Aluminum Reduction Plants (Section 63.840 - 63.859 & Tables & Appendix) 37. Subpart MM - Excluded 38. Subpart OO - National Emission Standards for Tanks- Level 1 (Section 63.900 - 63.907) 39. Subpart PP - National Emission Standards for Containers (Section 63.920 - 63.928) 40. Subpart QQ - National Emission Standards for Surface Impoundments (Section 63.940 - 63.948) 41. Subpart RR - National Emission Standards for Individual Drain Systems (Section 63.960 - 63.966) 42. Subpart SS - National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process (Section 63.980 - 63.999) 43. Subpart TT - National Emission Standards for Equipment Leaks -Control Level 1 (Section 63.1000 - 63.1018) 44. Subpart UU - National Emission Standards for Equipment Leaks -Control Level 2 (Section 63.1019 - 63.1039 & Table) 45. Subpart VV - National Emission Standards for Oil-Water Separators and Organic-Water Separators (Section 63.1040 - 63.1049) 46. Subpart WW - National Emission Standards for Storage Vessels (Tanks) – Control Level 2 (Section 63.1060 63.1066) 47. Subpart XX - Reserved 48. Subpart YY - National Emission Standards for Generic MACT Standards (Section 63.1100 - 63.1113) 49. Subpart ZZ – Reserved 50. Subpart AAA – Reserved 51. Subpart BBB - Reserved 52. Subpart CCC - National Emission Standards for Steel Pickling (Section 63.1156 - 63.1174 & Table) September 10, 2004 Page 3787 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. Subpart DDD - National Emission Standards for Mineral Wool Production (Section 63.1175 - 63.1199 & Table & Appendix) Subpart EEE - National Emission Standards for Hazardous Waste Combustors (Section 63.1200 - 63.1213 & Table & Appendix) Subpart FFF - Reserved Subpart GGG - National Emission Standards for Pharmaceuticals Production (Section 63.1250 - 63.1261 & Tables) Subpart HHH - National Emission Standards for Natural Gas Transmission and Storage Facilities (Section 63.1270 - 63.1289 & Appendix) Subpart III - National Emission Standards for Flexible Polyurethane Foam Production (Section 63.1290 - 63.1309 & Appendix) Subpart JJJ - National Emission Standards for Group IV Polymers and Resins (Section 63.1310 - 63.1335 & Tables) Subpart KKK - Reserved Subpart LLL - National Emission Standards for Portland Cement Manufacturing Industry (Section 63.1340 63.1359 & Table) Subpart MMM - National Emission Standards for Pesticide Active Ingredient Production (Section 63.1360 63.1369 & Tables) Subpart NNN - National Emission Standards for Wool Fiberglass Manufacturing (Section 63.1380 - 63.1399 & Table & Appendices) Subpart OOO – National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/ Phenolic Resins (Section 63.1400 - 63.1419 & Tables) Subpart PPP - National Emission Standards for Polyether Polyols Production (Section 63.1420 - 63.1439 & Tables) Subpart QQQ - National Emission Standards for Primary Copper Smelting (Section 63.1440 - 63.1459 & Table & Figure) Subpart RRR - National Emission Standards for Secondary Aluminum Production (Section 63.1500 - 63.1520 & Tables) Subpart SSS - Reserved Subpart TTT - National Emission Standards for Primary Lead Smelting (Section 63.1541- 63.1550) Subpart UUU - National Emission Standards for Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, And Sulfur Plan Units (Section 63.1560 - 63.1579 & Tables) Subpart VVV--National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works (Section 63.1580 - 63.1595 & Table) Subpart WWW - Reserved Subpart XXX - National Emission Standards for Ferroalloys Production (Section 63.1620 - 63.1679) Subpart AAAA - National Emission Standards for Municipal Solid Waste Landfills (Section 63.1930 - 63.1990 & Appendix) Subpart CCCC - National Emission Standards for Manufacturing of Nutritional Yeast (Section 63.2130 - 63.2192 & Appendices) Subpart DDDD - Reserved Subpart EEEE - National Emission Standards for Organic Liquids Distribution (Non-Gasoline) (Section 63.2330 63.2406 & Appendices) Subpart FFFF--National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing (Section 63.2430 - 63.2550 & Appendices) Subpart GGGG - National Emission Standards for Solvent Extraction for Vegetable Oil Production (Section 63.2830 - 63.2872) Subpart HHHH - National Emission Standards for Wet-Formed Fiberglass Mat Production (Section 63.2980 63.3079 & Appendices) Volume 10, Issue 37 Page 3788 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. Subpart JJJJ - National Emission Standards for Paper and Other Web Coating (Section 63.2130 - 63.2192 & Appendices) Subpart KKKK--National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans (Section 63.3480 - 63.3561 & Appendices) Subpart MMMM--National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products (Section 63.3880 - 63.3981 & Appendices) Subpart NNNN - National Emission Standards for Large Appliances (Section 63.4080 - 63.4181 & Appendices) Subpart OOOO--National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles (Section 63.4280 - 63.4371 & Appendices) Subpart QQQQ - National Emission Standards for Wood Building Products (Section 63.4680 - 63.4781 & Appendices) Subpart RRRR - National Emission Standards for Surface Coating of Metal Furniture (Section 63.4880 - 63.4981 & Appendices) Subpart SSSS - National Emission Standards for Surface Coating of Metal Coil (Section 63.5080 - 63.5206 & Appendices) Subpart TTTT - National Emission Standards for Leather Finishing Operations (Section 63.5280 - 63.5460 & Appendices) Subpart UUUU - National Emission Standards for Cellulose Products Manufacturing (Section 63.5480 - 63.5610 & Appendices) Subpart VVVV - National Emission Standards for Boat Manufacturing (Section 63.5680 - 63.5779 & Appendices) Subpart WWWW - National Emission Standards for Reinforced Plastics Composites Production (Section 63.5780 63.5935 & Appendices) Subpart XXXX - National Emission Standards for Tire Manufacturing (Section 63.5980 - 63.6015 & Appendices) Subpart YYYY--National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines (Section 63.6080 - 63.6175 & Appendices) Subpart ZZZZ - Reserved Subpart AAAAA--National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (Section 63.7080 - 63.7143 & Appendices) Subpart BBBBB - National Emission Standards for Semiconductor Manufacturing (Section 63.7180 - 63.7195 & Appendices) Subpart CCCCC - National Emission Standards for Coke Oven: Pushing, Quenching and Battery Stacks (Section 63.7280 - 63.7352 & Appendix) Subpart DDDDD - Reserved Subpart EEEEE--National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries (Section 63.7680 - 63.7765 & Appendix) Subpart FFFFF - National Emission Standards for Integrated Iron and Steel (Section 63.7780 - 63.7852 & Appendices) Subpart GGGGG--National Emission Standards for Hazardous Air Pollutants: Site Remediation (Section 63.7880 63.7957 & Appendices) Subpart HHHHH--National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing (Section 63.7980 - 63.8105 & Appendices) Subpart IIIII--National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants (Section 63.8180 - 63.8266 & Appendices) Subpart JJJJJ - National Emission Standards for Brick and Structural Clay Products Manufacturing (Section 63.8380 - 63.8515 & Appendices) Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing (Section 63.8530 - 63.8665 & Appendices) Subpart LLLLL - National Emission Standards for Asphalt Roofing and Processing (Section 63.8680 63.8698 & Appendices) September 10, 2004 Page 3789 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 108. 109. 110. 111. 112. 113. 114. 115. Subpart MMMMM - National Emission Standards for Flexible Polyurethane Foam Fabrication Operation (Section 63.8780 - 63.8830 & Appendices) Subpart NNNNN--National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production (Section 63.8980 - 63.9075 & Appendices) Subpart OOOOO - Reserved Subpart PPPPP - National Emission Standards for Engine Test Cells/Stands (Section 63.9280 - 63.9375 & Appendices) Subpart QQQQQ - National Emission Standards for Friction Products Manufacturing (Section 63.9480 63.9579 & Appendix) Subpart RRRRR--National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing (Section 63.9580 - 63.9652 & Appendices) Subpart SSSSS - National Emission Standards for Refractory Products Manufacturing (Section 63.9780 63.9824 & Appendices) Subpart TTTTT--National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining (Section 63.9880 - 63.9942 & Appendices) C. When used in 40 CFR Part 61 or part 63, “Administrator” means the control officer except that the control officer shall not be authorized to approve alternate or equivalent test methods or alternate standards/work practices. D. From the general standards identified in subsection A of this section delete 40 CFR 61.04. All requests, reports, applications, submittals and other communications to the control officer pursuant to this article shall be submitted to the Pima County Department of Environmental Quality, 1350 W. Congress, Tucson, AZ 85701. E. The control officer shall not be delegated authority to deal with equivalency determinations that are nontransferable through section 112(e)(3) of the Act. (Ord. 2004-_§__, Ord. 1998-27 § 15, 1998; Ord. 1997-79 § 10, 1997; Ord. 1995-87 § 49. 1995; Ord. 1994-83 § 60, 1994: Ord. 1993-128 § 4 (part), 1993; Ord. 1991-136 § 14, 1991: Ord. 1988117 § 1, 1988: Ord 1986-227 § 1 (part), 1986: Ord. 1985-126 (part), 1985; Ord. 1983-196 (part), 1983) **** 17.16.700 Alternative Emission limitations. 40 CFR 63 Subpart D, “Regulations governing compliance extensions for early reductions of hazardous air pollutants” and all accompanying appendices, adopted as of July 1, 1996 2004, and no future editions is adopted by reference. (Ord. 2004-_§__, Ord. 1997-79 § 11, 1997) **** SECTION 5. Chapter 17.28, Section 17.28.065, is hereby amended to read: Chapter 17.28 VIOLATIONS AND CONDITIONAL ORDERS **** 17.28.065 Excess Emissions. A.A.C. R18-2-310 and R18-2-310.01 as of February 15, 2001 is are hereby adopted in its entirety and is are incorporated herein by this reference, except that all references to the “Director” shall be to the “Control Officer”. (Ord. 2004-_§__, Ord. 1997-79 § 14, 1997) Volume 10, Issue 37 Page 3790 September 10, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Table 17.16.040 EMISSIONS-DISCHARGE OPACITY LIMITING STANDARDS Instantaneous Opacity Measurements Required Number (For a Set) Excluded Number (Highest Values) Asbestos Containing Operation1 25 Cold Diesel Engines2 Number to Use For Averaging Maximum Allowable Average Opacity, % 0 25 0 25 0 25 60 Loaded Diesel Engines3 26 1 25 60 Incinerators 27 2 25 20 Portland Cement Plants4 25 0 25 20 Other Sources5 25 0 25 4020 Type of Source 1 An asbestos mill, manufacturing or fabrication operation which uses asbestos as a raw material, or spraying operation which sprays materials containing more than 1% asbestos by weight. 2 Applicable to the first 10 consecutive minutes after starting up a diesel engine. 3 Applicable to a diesel engine being accelerated under load. 4 Applicable to kiln, clinker cooler, and other process equipment. 5 Any source not otherwise specifically covered within this table, unless otherwise specifically covered in this chapter. (Ord. 2004-_§__, Ord. 1993-128 § 4, 1993; Ord. 1979-93 (part), 1979) **** SECTION 6. If any of the provisions of this ordinance or the application thereof to any person or circumstance is invalid, the invalidity shall not effect other provisions or applications of this ordinance which can be given effect without the invalid provision or circumstance, and do this end the provisions of this ordinance are severable. SECTION 7. This ordinance shall become effective 31 days from the date of adoption. September 10, 2004 Page 3791 Volume 10, Issue 37 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 PASSED AND ADOPTED by the Board of Supervisors, Pima County, Arizona this _______ day of _________, 2004. PIMA COUNTY BOARD OF SUPERVISORS _________________________ Chair, Board of Supervisors ___________ Date ATTEST: ____________________________ Clerk of the Board APPROVED AS TO FORM: ____________________________ Deputy County Attorney Volume 10, Issue 37 Page 3792 September 10, 2004 This page left intentionally blank. Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 COUNTY NOTICES PURSUANT TO A.R.S. § 49-112 Because each county writes rules and regulations in its own unique style, County Notices published in the Register do not conform to the standards of the Arizona Rulemaking Manual. With the exception of minor formatting changes, the rules (including subsection labeling, spelling, grammar, and punctuation) are reproduced as submitted. NOTICE OF FINAL RULEMAKING PIMA COUNTY AIR QUALITY CONTROL REGULATIONS PIMA COUNTY CODE TITLE 17 – AIR QUALITY CONTROL CHAPTER 4 GENERAL PROVISIONS CHAPTER 8 AMBIENT AIR QUALITY STANDARDS CHAPTER 12 PERMIT AND PERMIT REVISIONS CHAPTER 16 EMISSION LIMITING STANDARDS CHAPTER 28 VIOLATIONS AND CONDITIONAL ORDERS PREAMBLE 1. Sections Affected PCC 17.04.070 PCC 17.08.110 PCC 17.08.130 PCC 17.12.060 PCC 17.12.070 PCC 17.12.140 PCC 17.12.160 PCC 17.12.170 PCC 17.12.180 PCC 17.12.210 PCC 17.12.365 PCC 17.12.480 PCC 17.12.490 PCC 17.12.540 PCC 17.16.130 PCC 17.16.165 PCC 17.16.430 PCC 17.16.530 PCC 17.16.700 PCC 17.28.065 Table 17.16.040 2. Statutory authority for the rulemaking: A.R.S. § 49-112 Rulemaking Action Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Repeal Amend Amend Amend Amend Amend Amend Amend Amend A.R.S. § 49-471.04 A.R.S. § 49-471.08 A.R.S. § 49-473 A.R.S. § 49-479 3. The effective date of the rules: November 18, 2004 4. List of all previous notices appearing in the register addressing the proposed rule or ordinance and a concise explanatory statement. Notice of Expedited Rulemaking: 10 A.A.R., Volume 37, September 10, 2004 (page 3764 – 3792) Volume 10, Issue 46 Page 4600 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 5. The name and address of agency personnel with whom persons may communicate regarding the rulemaking: Name: Jean Parkinson Program Coordinator 6. Address: Pima County DEQ 150 W. Congress Tucson, AZ 85701 Telephone: (520) 740-3978 Fax: (520) 882-7709 E-mail: Jean.Parkinson@DEQ.CO.PIMA.AZ.US An explanation of the rule, including the Control Officer’s reasons for initiating the rule: Summary: This rulemaking contains amendments to Pima County Code Title 17, which makes corrections to typographical errors; conforms to directly reflect federal and state rule or law, and incorporates by reference provisions of the Arizona Administrative Code and the U.S. Code of Federal Regulations. Statutory Authority: A.R.S. § 49-471.08 – Expedited rule or Ordinance making – provides a statutory mechanism for a declaration of an expedited process if the rulemaking is a conforming change to directly reflect federal or state rule or law. Background: Periodically the Pima County Department of Environmental Quality updates and conforms to the Arizona Administrative Code and the Code of Federal Regulations in an effort to achieve consistency and accuracy in Air Quality Regulations for Pima County. The last conforming changes to Title 17 were in 1999. Section by Section Analysis PCC 17.04.070 Amend Updates Code of Federal Regulation references to 2004 version PCC 17.08.110 Amend Conforms to CFR part 81 § 81.303, designating Tucson planning area as Attainment for CO PCC 17.08.130 Amend Conforms to CFR part 81 § 81.303, designating Ajo planning area as Maintenance for SO2 PCC 17.12.060 Amend Conforms to Arizona Administrative Code § R18-2-313, Existing Source Emission Monitoring PCC 17.12.070 Amend Adds subsection references to clarify the rule requirement PCC 17.12.140 Amend Conforms to Arizona Administrative Code § R18-2-302, Applicability; Classes of Permits PCC 17.12.160 Amend Removes an unnecessary subsection reference. PCC 17.12.170 Amend Conforms to Arizona Administrative Code § R18-2-305, Public Records; Confidentiality PCC 17.12.180 Amend Conforms to Arizona Administrative Code § R18-2-306, Permit Contents PCC 17.12.210 Amend Conforms to Arizona Administrative Code § R18-2-306, Compliance Plan Certification PCC 17.12.365 Amend Updated the reference date from July 1, 1996 to July 1, 2004 PCC 17.12.480 Amend Conforms to Arizona Administrative Code § R18-2-602, Unlawful Open Burning PCC 12.12.490 Repeal Repeal Provision relating to standard permit requirements for open burning. PCC 17.12.540 Amend Removes outdated Activity Permit Fee Schedule from the code. PCC 17.16.130 Amend Conforms to Arizona Administrative Code § R18-2-702, General Provisions PCC 17.16.165 Amend Corrects an incorrect code reference within the provision. PCC 17.16.430 Amend Typographical error, adds a comma within a series PCC 17.16.490 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Standards of Performance for New Stationary Sources (NSPS), pursuant to 40 CFR Part 60 November 12, 2004 Page 4601 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 PCC 17.16.530 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Emissions Standards for Hazardous Pollutants, (NESHAP), pursuant to 40 CFR Part 61 PCC 17.16.700 Amend Updates and renumbers incorporation by reference to 2004 version of Federal National Emission Standards for Hazardous Air Pollutants for Source Categories (NESHAP), pursuant to 40 CFR 63 PCC 17.28.065 Amend Incorporates by reference Arizona Administrative Code § R18-2-310.01 TABLE 17.16.040 Amend Conforms to Arizona Administrative Code § R18-2-702, General Provisions 7. Reference to any study relevant to the rule that the Control Officer reviewed and either relied or did not rely on in its evaluation of or justification for the rule, where the public may review each study, all data underlying each study, and any analysis of each study and other supporting material: No studies were reviewed in reference to this rulemaking action. 8. A showing of good cause why the rules are necessary to promote a statewide interest if the rules will diminish a previous grant of authority of a political subdivision of this state: Not applicable 9. The preliminary summary of the economic, small business, and consumer impact: Pima County is proposing to update its incorporations by reference of the following federal regulations: New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Acid Rain. These revisions should not have an economic impact on businesses in Pima County, and should not impose additional costs on the regulated community, small businesses, political subdivisions, and members of the public beyond that already incurred by reason of Federal or State law. In addition, Pima County is updating rules to conform to the Arizona Administrative Code and recent rule amendments finalized by the Arizona Department of Environmental Quality. These revisions should have not have an economic impact on Pima County businesses beyond that already incurred by reason of State law. 10. A description of the changes between the proposed rules, including supplemental notices, and final rules (if applicable): Minor technical and grammatical changes were made. 11. A summary of the comments made regarding the rule and the agency response to them: None 12. Any other matters prescribed by the statute that are applicable to the specific agency or to any specific rule or class of rules: None 13. Incorporations by reference and their location in the rules: New incorporations by reference (subparts or larger): Incorporations by Reference updated to July 1, 2004 (may include new sections) Location 40 CFR Part 60, July 1, 2004 (NSPS) 17.16.490 40 CFR Part 61, July 1, 2004 (NESHAP) 17.16.530 (A) 40 CFR Part 63, July 1, 2004 (NESHAP) 17.16.530 (B) 40 CFR Part 63 Subpart D, July 1, 2004 (Alternative Emission Limitation) 17.16.700 40 CFR Part 72, July 1, 2004 (Acid Rain) 17.12.365 A.A.C. Rule 18-2-310 and Rule 18-2-310.01, February 15, 2001 17.28.065 14. Were these rules previously made as emergency rules? No. These rules were previously published as “Expedited,” in accordance with A.R.S. § 49-471.08 (A). 15. The full text of the rule follows: TITLE 17 OF THE PIMA COUNTY CODE AIR QUALITY CONTROL ORDINANCE 2004 - 97 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, RELATING TO THE ENVIRONMENT AND AIR QUALITY; AMENDING CHAPTERS 17.04; 17.08; 17.12; 17.16; 17.28 TO CONFORM Volume 10, Issue 46 Page 4602 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 WITH CORRESPONDING STATE AND FEDERAL AIR QUALITY REGULATIONS. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA: SECTION 1. Chapter 17.04, Section 17.04.070 is hereby amended to read: Chapter 17.04 GENERAL PROVISIONS **** 17.04.070 Incorporated Materials. **** 3. All parts of the CFR referenced in this Title are amended as of July 1, 1996 2004 unless specifically indicated otherwise. **** (Ord. 2004-97 § 1, Ord. 1997-79 § 1, 1997; Ord. 1995-87 § 2, 1995; Ord. 1993-128 § 1, 1993) SECTION 2. Chapter 17.08 is hereby amended by amending, Sections 17.08.110 and 17.08.130 to read as follows: Chapter 17.08 AMBIENT AIR QUALITY STANDARDS **** 17.08.110 Tucson CO nonattainment area A. An area defined by the following geographic Township/Range/Section coordinates, as listed in 40 CFR 81.303, shall be an nonattainment area for CO: LATITUDELONGITUDE 32°38.5'N111°24.0'W 32°26.5'N110°47.5'W 32°12.5'N110°32.5'W 31°49.5'N110°25.5'W LATITUDELONGITUDE 31°42.0'N110°50.5'W 31°52.5'N111°12.5'W 32°24.5'N111°29.0'W All portions of Coronado National Forest and Saguaro National Monument lying within the nonattainment area are excluded. B. The Tucson nonattainment area for CO shall be a Class II attainment area for SO2, NO2, and O3, and unclassified for PM10. November 12, 2004 Page 4603 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Designation Designated Area Tucson Area: Pima County Township and Ranges as follows: T11-12S, R12-14E; T13-15S, R1116E; and T16S, R12-16E Gila and Salt River Baseline and Meridian excluding portions of the Saguaro National Monument and the Coronado National Forest. Date Type July 10, 2000 Attainment Classification Date Type (Ord. 2004-97 § 2, Ord. 1993-128 § 2, 1993; Ord. 1986-227 § 1 (part), 1986: Ord. 1985-183 (part), 1985: Ord. 1983-196 (part), 1983) 17.08.130 Ajo nonattainment area. A. An area encompassing Ajo and its immediate surroundings shall be a nonattainment area for SO2, defined by the following township/range/section coordinates: T11S-R6W, T11S-R5W; T12S-R6W, T12S-R5W; T13S-R6W. A. An area defined by the following Township/Range/Section coordinates, as listed in 40 CFR 81.303, shall be an attainment area for SO2: Designated Area Ajo (T11-13S, R5W-R6W) Does not meet primary standards -- Does not meet secondary standards -- Cannot be classified -- Better than nations standards X **** (Ord. 2004-97 § 2, Ord. 1993-128 § 2, 1993; Ord. 1985-183 (part), 1985; Ord. 1983-196 (part), 1983) SECTION 3. Chapter 17.12 is hereby amended by amending Sections 17.12.060, 17.12.070, 17.12.140, 17.12.160, 17.12.170, 17.12.180, 17.12.210 and 17.12.540 to read as follows: Chapter 17.12 PERMITS AND PERMIT REVISIONS **** 17.12.060 Existing source emission monitoring. A. Every source subject to an existing source performance standard as specified in this title shall install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants and other gases specified in this Section for the applicable source category. 1. Applicability. a. Fossil fuel-fired steam generators as specified in subdivision 1 of subsection C (C)(1) of this Section, shall be Volume 10, Issue 46 Page 4604 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 monitored for opacity, nitrogen oxides emissions, sulfur dioxide emissions, and oxygen or carbon dioxide. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subdivision 4 of subsection C (C)(4) of this Section, shall be monitored for opacity. c. Sulfuric acid plants, as specified in subdivision 3 of subsection C (C)(3) of this Section, shall be monitored for sulfur dioxide emissions. d. Nitric acid plants, as specified in subdivision 2 of subsection C (C)(2) of this Section, shall be monitored for nitrogen oxides emissions. Exemptions. a. Emission monitoring shall not be required when the source of emissions is not operating. Variations. a. Unless otherwise prohibited by the Act, the control officer may approve, on a case-by-case basis, alternative monitoring requirements different from the provisions of this Section if the installation of a continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or extreme economic reasons. Alternative monitoring procedures shall be specified by the control officer on a case-by-case basis and shall include as a minimum, annual manual stack tests for the pollutants identified for each type of source in this Section. Extreme economic reasons shall mean that the requirements of this Section would cause the source to be unable to continue in business. b. 2. 3. **** (Ord. 2004-97 § 3, Ord. 1994-83 § 6, 1994: Ord. 1993-128 § 3 (part), 1993) 17.12.070 Quality assurance. Facilities subject to permit requirements of this chapter shall submit a quality assurance plan to the control officer that meets the requirements of 17.12.040(D)(3) within twelve months of the effective date of this section. Facilities subject to the requirements of 17.12.060 shall submit a quality assurance plan as specified in the permit. (Ord. 2004-97 § 3, Ord. 1995-87 § 10, 1995;. Ord. 1994-83 § 7, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.140 Applicability; classes of permits. **** B. There shall be two classes of permits as follows: 1. A Class I permit shall be required for a person to commence construction of or operate any of the following: a. Any major source. b. Solid waste incineration units required to obtain a permit pursuant to section 129 (e) of the Act (Solid Waste Combustion). c. An affected source. d. Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the control officer by rule. 2. Unless a Class I permit is required, a Class II permit shall be required for: a. A person to commence construction of or modify either of the following: (i) A source that emits with controls, or has the potential to emit with controls, ten (10) tons per year or more of any hazardous air pollutant listed under A.R.S. § 49-426.04 (A)(1) or twenty-five (25) tons per year of any combination of hazardous air pollutants. (ii) A source that is within a category designated pursuant to A.R.S. 49-426.05 and that emits, or has the potential to emit, with controls one (1) ton per year or more of a hazardous air pollutant or two and one-half (2½) tons per year of any combination of hazardous air pollutants. b. A person to commence construction of or operate any of the following: (i) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act (Standards of Performance for New Stationary Sources). (ii) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act. (iii) Any source that emits, or has the potential to emit, without controls, significant quantities of regulated air pollutants. (iv) Stationary rotating machinery of greater than 325 brake horsepower. (v) Fuel-burning equipment which, at a location or property other than a one or two family residence, are fired at a sustained rate of more than one million BTU per hour for more than an eight hour period. November 12, 2004 Page 4605 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 c b. A person to make a modification to a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than those specified in items i and ii of paragraph a and item iii of paragraph b of this subdivision. A person to modify a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than or equal to those specified in subsection (B)(2)(a)(iii). **** D. No person may construct or reconstruct any major source of hazardous air pollutants unless the control officer determines that maximum achievable control technology emission limitation (MACT) for new sources under section 112 of the Act will be met. Where If MACT has not been established by the Administrator, such determination shall be made on a caseby-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in 17.16.530.B. For purposes of this subsection, construction and reconstructing a major source shall have the meanings prescribed in 40 CFR 63.41. (Ord. 2004-97 § 3, Ord. 1998-27 § 3, 1998; Ord. 1995-87 § 11, 1995; Ord. 1994-83 § 11, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.160 Permit application processing procedures. **** C. Unless otherwise required by 17.12.150 B. through F., a timely application is: 1. For a source, other than a major source, applying for a permit for the first time, one that is submitted within 12 months after the source becomes subject to the permit program. 2. For purposes of permit renewal, a timely application is one that is submitted at least 6 months, but not greater than 18 months prior to the date of permit expiration. 3. For initial phase II acid rain permits under Title IV of the Act and regulations incorporated pursuant to section 17.12.365, one that is submitted to the control officer by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides. 4. Any existing source which becomes subject to a standard promulgated by the Administrator pursuant to section 112(d) of the Act (Hazardous Air Pollutants) shall, within twelve months of the date on which the standard is promulgated, submit an application for a permit revision demonstrating how the source will comply with the standard. **** (Ord. 2004-97 § 3, Ord. 1998-27 § 4, 1998; Ord. 1997-79 § 4, 1997; Ord. 1995-87 § 12, 1995; Ord. 1994-83 § 13, 1994: Ord. 1993-128 § 3 (part), 1993) 17.12.170 Public records; confidentiality. **** B. Any records, reports or information obtained from any person under this title, including records, reports or information obtained or prepared by the control officer or a county employee, shall be available to the public, except that the information or any part of the information shall be considered confidential on either of the following: 1. A showing, satisfactory to the control officer, by any person that the information or a part of the information if made public would divulge the trade secrets of the person. A request for confidentiality shall: a. Precisely identify the information in the documents submitted which is considered confidential. 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, is likely to cause substantial harm to the person's competitive position. 2. A determination by the county attorney that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this chapter in superior court. **** (Ord. 2004-97 § 3, Ord. 1994-83 § 14, 1994: Ord.1993-128 § 3 (part), 1993) 17.12.180 Permit contents. A. Each permit issued shall include the following elements: **** 3. Each permit shall contain the following requirements with respect to monitoring: Volume 10, Issue 46 Page 4606 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a. b. c. a. b. c. d. All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions), and including any monitoring and analysis procedures or test methods required pursuant to section 17.12.220; Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit as reported pursuant to subdivision A.4 of this section. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required pursuant to section 17.12.220. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including: (i) Monitoring and analysis procedures or test methods under 40 CFR 64; (ii) Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act; and (iii) Monitoring and analysis procedures or test methods required under 17.12.220. 40 CFR 64 as codified July 1, 2004, is incorporated by reference and on file with the control officer. This incorporation by reference contains no future editions or amendments. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements not included in the permit as a result of such streamlining; If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit as reported under subsection (A)(4). The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required under 17.12.220. Recordkeeping provisions may be sufficient to meet the requirements of this subsection; and As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods. **** B. Federally Enforceable Requirements 1. The following permit conditions shall be enforceable by the Administrator and citizens under the Act: a. Except as provided in paragraph (B)(2) of this subsection, all terms and conditions in a Class I permit, including any provisions designed to limit a source's potential to emit. b. Terms or conditions in a Class II permit setting forth federal applicable requirements, c. Terms and conditions in any permit which are entered into voluntarily pursuant to section 17.12.220, as follows: (i) Emissions limitations, controls or other requirements. (ii) Monitoring, recordkeeping and reporting requirements associated with the emissions limitations, controls or other requirements in subdivision (i) of this subparagraph in subsection (B)(1)(c)(i) 2. Notwithstanding subparagraph subsection (B)(1)(a) of this subsection, the control officer shall specifically designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements. **** E. Emergency provision. 1. An “Emergency” means any 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 sources to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emission attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. 2. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of subdivision 3 of this subsection (E)(3) are met. 3. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: November 12, 2004 Page 4607 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a. b. c. 4. 5. An emergency occurred and that the permittee can identify the cause(s) of the emergency; The permitted facility was at the time being properly operated; 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 d. The permittee submitted notice of the emergency to the control officer by certified mail or hand delivery within two (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. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. This provision is in addition to any emergency or upset provision contained in any applicable requirement. **** (Ord. 2004-97 § 3, Ord. 1998-27 § 5, 1998; Ord. 1995-87 § 13, 1995; Ord. 1994-83 § 15, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.210 Compliance plan; certification. A. All permits shall contain the following elements with respect to compliance: 1. The elements required by 17.12.180(A)(3), (4), and (5). 2. 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: a. The frequency for submissions of compliance certifications, which shall not be less than annually; b. The means to monitor the compliance of the source with its emissions limitations, standards, and work practices; c. A requirement that the compliance certification include the following: (i) The identification of each term or condition of the permit that is the basis of the certification; (ii) The compliance status; (iii) Whether compliance was continuous or intermittent; (iv) The method(s) used for determining the compliance status of the source, currently and over the reporting period; and d. e. (v) Other facts as the control officer may require to determine the compliance status of the source. The identification of each term or condition of the permit that is the basis of the certification; The identification of the methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and other means under 17.12.180(A)(3). If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making false certification or omitting material information; The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the methods or means designated in subsection (2)(c)(ii). The certification shall identify each deviation and take it into account for consideration in the compliance certification. For emission units subject to 40 CFR 64, the certification shall also identify as possible exceptions to compliance any period during which compliance is required and in which an excursion or exceedance defined under 40 CFR 64 occurred; and Other facts the control officer may require to determine the compliance status of the source. A requirement that permittees submit all compliance certifications be submitted to the control officer,. and for Class I permits, permittees shall also submit compliance certifications to the Administrator as well. Such additional requirements as may be specified pursuant to sections 114(a)(3) and 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions) or pursuant to section 17.12.220. **** (Ord. 2004-97 § 3, Ord. 1998-27 § 7, 1998; Ord. 1995-87 § 14, 1995; Ord. 1994-83 § 17, 1994: Ord. 1993-128 § 3 (part), 1993) **** 17.12.365 Acid Rain A. The following subparts of 40 CFR Part 72, Permits Regulation, and all accompanying appendices, adopted as of July 1, 19962004, are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Volume 10, Issue 46 Page 4608 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Department, and shall be applied by the Department. C. If the provisions or requirements of the regulations incorporated pursuant to this section conflict with any of the remaining portions of the Title, the regulations incorporated pursuant to this section shall apply and take precedence. (Ord. 2004-97§ 3; Ord. 1997-79 § 7, 1997; Ord. 1995-87 § 19, 1995) **** 17.12.480 Open burning permits. A. A person who plans to ignite, allow, or maintain any outdoor fire - except as specifically exempted herein - shall obtain an open burning permit from the control officer before commencing the burning. B. Specific types of open outdoor fires which require open burning permits, as well as those types of fires which do not require permits, are identified in Table 17.12.480. Any open burning not listed in Table 17.12.480 is prohibited. A. In addition to the definitions contained in A.R.S. § 49-501, in this Section: 1. “Agricultural Burning” means burning of vegetative materials related to the production and harvesting of crops and raising of animals for the purpose of marketing for profit, or providing a livelihood, but not including the burning of household waste or prohibited materials. Burning may be conducted in fields, piles, ditch banks, fence rows, or canal laterals for purposes such as weed control, disease and pest prevention, or site preparation. 2. “Air Curtain Destructor” means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood waste and slash materials in an earthen trench or refractory-lined pit or bin. 3. “Approved waste burner” means an incinerator constructed of fire resistant material with a cover or screen that is closed when in use, and has openings in the sides or top no greater than one inch in diameter. 4. “Class I Area” means any one of the Arizona mandatory federal Class I areas defined in A.R.S. § 49-401.01. 5. “Construction burning” means burning wood or vegetative material from land clearing, site preparation, or fabrication, erection, installation, demolition, or modification of any buildings or other land improvements, but does not include burning household waste or prohibited material. 6. “Dangerous material” means 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. 7. “Emission reduction techniques” means methods for controlling emissions from open outdoor fires to minimize the amount of emissions output per unit of area burned. 8. “Flue,” as used in this Section, means any duct or passage for air or combustion gases, such as a stack or chimney. 9. “Household waste” means any solid waste including garbage, rubbish, and sanitary waste from a septic tank that is generated from households including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas, but does not include construction debris, landscaping rubble, demolition debris or prohibited materials. 10. “Independent authority to permit fires” means the authority of a county to permit fires by a rule adopted under Arizona Revised Statutes, Title 49, Chapter 3, Article 3, and includes only Maricopa, Pima, and Pinal counties. 11. “Open outdoor fire or open burning” means the combustion of material of any type, outdoors and in the open, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential, prescribed, and construction burning, and fires using air curtain destructors. 12. “Prescribed burning” means the controlled application of fire to wildland fuels that are in either a natural or modified state, under certain burn and smoke management prescription conditions that have been specified by the land manager in charge of or assisting the burn, to attain planned resource management objectives. Prescribed burning does not include a fire set or permitted by a public officer to provide instruction in fire fighting methods, or construction or residential burning. 13. “Prohibited materials” means nonpaper garbage from the processing, storage, service, or consumption of food; chemically treated wood; lead-painted wood; linoleum flooring, and composite counter-tops; tires; explosives or ammunition; oleanders; asphalt shingles; 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, or arsenic compounds. 14. “Residential burning” means open burning of vegetative materials conducted by or for the occupants of residential dwellings, but does not include burning household waste or prohibited material. B. Unlawful open burning. Notwithstanding any other rule in this Chapter, a person shall not ignite, cause to be ignited, permit to be ignited, allow, or maintain any open outdoor fire in a county without independent authority to permit fires except as provided in A.R.S. § 49-501 and this Section. C. Open outdoor fires exempt from a permit. The following fires do not require an open burning permit from the control November 12, 2004 Page 4609 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 officer or a delegated authority: 1. Fires used only for: a. Cooking of food, b. Providing warmth for human beings, c. Recreational purposes, d. Branding of animals, e. Orchard heaters for the purpose of frost protection in farming or nursery operations, and f. The proper disposal of flags under 4 U.S.C. 1, § 8. 2. Any fire set or permitted by any public officer in the performance of official duty, if the fire is set or permission given for the following purpose: a. Control of an active wildfire; or b. Instruction in the method of fighting fires, except that the person setting these fires must comply with the reporting requirements of subsection (D)(3)(f). 3. Fire set by or permitted by the control officer of Department of Agriculture for the purpose of disease and pest prevention in an organized, area-wide control of an epidemic or infestation affecting livestock or crops. 4. Prescribed burns set by or assisted by the federal government or any of its departments, agencies, or agents, or the state or any of its agencies, departments, or political subdivisions. D. Open outdoor fires requiring a permit. 1. The following open outdoor fires are allowed with an open burning permit from the control officer or a delegated authority: a. Construction burning; b. Agricultural burning; c. Residential burning; d. Prescribed burns conducted on private lands without the assistance of a federal or state land manager as defined under; e. Any fire set or permitted by a public officer in the performance of official duty, if the fire is set or permission given for the purpose of weed abatement, or the prevention of a fire hazard, unless the fire is exempt from the permit requirement under subsection (C)(3); f. Open outdoor fires of dangerous material under subsection (E); g. Open outdoor fires of household waste under subsection (F); and h. Open outdoor fires that use an air curtain destructor, as defined in 17.12.480 (A)(2). 2. A person conducting an open outdoor fire in a county with independent authority to permit fires shall obtain a permit from the control officer or a delegated authority unless exempted under subsection (C). Permits may be issued for a period not to exceed one year. A person shall obtain a permit by completing an PDEQ-approved application form. 3. Open outdoor fire permits issued under this Section shall include: a. A list of the materials that the permittee may burn under the permit; b. A means of contacting the permittee authorized by the permit to set an open fire in the event that an order to extinguish the open outdoor fire is issued by the control officer or the delegated authority; c. A requirement that burns be conducted during the following periods, unless otherwise waived or directed by the control officer on a specific day basis: i. Year-round: ignite fire no earlier than one hour after sunrise; and ii. Year-round: extinguish fire no later than two hours before sunset; d. A requirement that the permittee conduct all open burning only during atmospheric conditions that: i. Prevent dispersion of smoke into populated areas; ii. Prevent visibility impairment on traveled roads or at airports that result in a safety hazard; iii. Do not create a public nuisance or adversely affect public safety; iv. Do not cause an adverse impact to visibility in a Class I area; and v. Do not cause uncontrollable spreading of the fire; e. A list of the types of emission reduction techniques that the permittee shall use to minimize fire emissions.; f. A reporting requirement that the permittee shall meet by providing the following information in a format provided by the control officer for each date open burning occurred, on either a daily basis on the day of the fire, or an annual basis in a report to the control officer or delegated authority due on February 1 for the previous calendar year: i. The date of each burn; ii. The type and quantity of fuel burned for each date open burning occurred; iii. The fire type, such as pile or pit, for each date open burning occurred; and iv. For each date open burning occurred, the legal location, to the nearest section, or latitude and longitude, to the nearest degree minute, or street address for residential burns; g. A requirement that the person conducting the open burn notify the local fire-fighting agency or private fire proVolume 10, Issue 46 Page 4610 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 tection service provider, if the service provider is a delegated authority, before burning. If neither is in existence, the person conducting the burn shall notify the state forester; h. A requirement that the permittee start each open outdoor fire using items that do not cause the production of black smoke; i. A requirement that the permittee attend the fire at all times until it is completely extinguished; j. A requirement that the permittee provide fire extinguishing equipment on-site for the duration of the burn; k. A requirement that the permittee ensure that a burning pit, burning pile, or approved waste burner be at least 50 feet from any structure; l. A requirement that the permittee have a copy of the burn permit on-site during open burning; m. A requirement that the permittee not conduct open burning when an air stagnation advisory, as issued by the National Weather Service, is in effect in the area of the burn or during periods when smoke can be expected to accumulate to the extent that it will significantly impair visibility in Class I areas; n. A requirement that the permittee not conduct open burning when any stage air pollution episode is declared by ADEQ or PDEQ; o. A statement that the control officer, or any other public officer, may order that the burn be extinguished or prohibit burning during periods of inadequate smoke dispersion, excessive visibility impairment, or extreme fire danger; and p. A list of the activities prohibited and the criminal penalties provided under A.R.S. § 13-1706. 4. The control officer or a delegated authority shall not issue an open burning permit under this Section: a. That would allow burning prohibited materials other than under a permit for the burning of dangerous materials; b. If the applicant has applied for a permit under this Section to burn a dangerous material which is also hazardous waste under 40 CFR 261, but does not have a permit to burn hazardous waste under 40 CFR 264, or is not an interim status facility allowed to burn hazardous waste under 40 CFR 265; or c. If the burning would occur at a solid waste facility in violation of 40 CFR 258.24 and the control officer has not issued a variance under A.R.S. § 49-763.01. E. Open outdoor fires of dangerous material. A fire set for the disposal of a dangerous material is allowed by the provisions of this Section, when the material is too dangerous to store and transport, and the control officer has issued a permit for the fire. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The control officer shall permit fires for the disposal of dangerous materials only when no safe alternative method of disposal exists, and burning the materials does not result in the emission of hazardous or toxic substances either directly or as a product of combustion in amounts that will endanger health or safety. F. Open outdoor fires of household waste. An open outdoor fire for the disposal of household waste is allowed by provisions of this Section when permitted in writing by the control officer or a delegated authority. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The permittee shall conduct open outdoor fires of household waste in an approved waste burner and shall either: 1. Burn household waste generated on-site on farms or ranches of 40 acres or more where no household waste collection or disposal service is available; or 2. Burn household waste generated on-site where no household waste collection and disposal service is available and where the nearest other dwelling unit is at least 500 feet away. G. The control officer shall hold an annual public meeting for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques. H. Nothing in this Section is intended to permit any practice that is a violation of any statute, ordinance, rule, or regulation. CI. The term of any open burning permit shall be as specified by the control officer, subject to the following limitations: 1. The term of a temporary open burning permit shall not exceed three consecutive or non-consecutive days within a thirty-day period, and 2. The term of an extended open burning permit shall expire as specified on the original application, and shall in no case exceed ninety days. (Ord. 2004-97 § 3; Ord. 1987-175 § 4, 14, 1987: Ord. 1981-12 (part), 1981: Ord. 1979-93 (part), 1979) 17.12.490 Standard Permit Requirements. A. A person granted an open burning permit must comply with the following: 1. Permissible burning hours are noon to four p.m. unless stated otherwise on the permit; 2. Burning must be at a safe distance from structures; 3. Burning must be constantly attended with reasonable control tools at hand; 4. Burning may not be conducted on public land or on other land not owned or leased by the permittee without written permission from the owner or land manager; 5. Fire must be dead out when left; and 6. The burning of materials other than those specified by the permit is prohibited. (Ord. 1979-93 (part), 1979) 17.12.540 Activity Permit Fees November 12, 2004 Page 4611 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Table 17.12.540 ACTIVITY PERMIT FEES SCHEDULE (effective until July 1, 2003) S.S.1 ACTIVITY RATE COMPONENTS EXEMPTIONS A Landstripping and/or Earthmoving 1 to 5 acres $89.28 plus $8.93 per each additional acre or fraction thereof < 1 acre B Trenching 300 feet of aggregate trenching $17.86 base plus $0.036 per each additional ft. < 300 ft; trenching for landscaping C Road Construction 50 ft. of aggregate road construction $17.86 base plus $0.09 per each additional ft. < 50 ft D Activity permit for NESHAP facilities $420.00 See Exemption Note E Blasting $18.00 plus $3.53 per day of blasting None Exemption Note: < 260 linear feet on pipes; < 160 square feet on other facility components; < 35 cubic feet off facility components Example Permit Fee Calculations 1. Permit for clearing 4 acres: $89.28 2. Permit for earthmoving on 9 acres: First five acres = $89.28 Remaining four acres = $8.93 x 4 = $35.72 Total = $125.00 3. Permit for trenching 500 feet: Base fee for the first 300 feet = $17.86 Remaining 200 feet = 200 x 0.036 = $7.20 Total = $25.06 -------------------------------------------------------------------------------------------------------------------------------------1Sub-schedule for identification only. (Ord. 1995-87 §26, 1995; Ord. 1994-83 §44, 1994; Ord. 1993-128 §3 (part), 1993; Ord. 1990-113 §16, 1990; Ord. 1989-165 §17 (part), 1989; Ord. 1987-175 §18, 1987) **** SECTION 4. Chapter 17.16, Sections 17.16.130, 17.16.165, 17.16.430, 17.16.430, and 17.16.700 are hereby amended to read: Chapter 17.16 EMISSION LIMITING STANDARDS **** 17.16.130 Applicability. A. This article shall apply only to emissions which enter the atmosphere by passing through a vent, stack, flue, or other similar containing or restrictive device, or which by reasonable modification of the emissions source the emissions can be directed through such a device for testing purposes. a source that is all of the following: 1. An existing source, as defined in 17.04.340; 2. A point source. For the purposes of this Section, “point source” means a source of air contaminants that has an idenVolume 10, Issue 46 Page 4612 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 tifiable plume or emissions point; and 3. A stationary source, as defined in 17.04.340. B. Where the nature of a process, operation, or activity allows more than one interpretation of a requirement in this Chapter, the more restrictive or most restrictive interpretation shall apply. CB. Except as otherwise provided in this Chapter relating to specific types of sources, the opacity of any plume or effluent:, from a source described in subsection (a), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be: Shall not be greater than 40 percent, and 1. Greater than 20% in an area that is nonattainment or maintenance for any particulate matter standard, unless an alternative opacity limit is approved by the control officer as provided in subsection (D) and (E), after the effective date of this rule. Shall be determined by reference Method 9 of the Arizona Testing Manual. 2. Greater than 40% in an area that is attainment or unclassifiable for each particulate matter standard; and 3. After April 23, 2006, greater than 20% in any area that is attainment or unclassifiable for each particulate matter standard except as provided in subsections (D) and (E). DC. Where If the presence of uncombined water is the only reason for the an exceedance of any visible emissions requirement in this Article, such the exceedance shall not constitute a violation of the applicable opacity limit. ED. A person owning or operating an air pollution a source may ask petition the control officer for a determination on meeting the requirements of the an alternative applicable opacity standard limit. The petition shall be submitted to PDEQ within three months after the effective date of this rule. The owner or operator shall submit the written reports of the results of the performance tests, the opacity observation results, and observer certification. 1. The petition shall contain: a. Documentation that the affected facility and any associated air pollution control equipment are incapable of being adjusted or operated to meet the applicable opacity standard. This includes: i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests; ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized control technology that is reasonably available considering technical and economic feasibility; and iii. An explanation why the source cannot meet the present opacity limit although it is in compliance with the applicable particulate mass emission rule. b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts in 40 CFR 60 and in Appendix B, Performance Specification 1. c. A verification by a responsible official of the source of the truth, accuracy, and completeness of the petition. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 2. If the control officer finds that the facility is in compliance with all applicable standards for the performance test and still fails to meet the applicable opacity standard, he shall notify the owner or operator of the finding. 2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petition shall also include: a. Documentation that the source conducted concurrent EPA Reference Method stack testing and visible emissions readings or is utilizing a continuous opacity monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least 10% below that limit. For multiple units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing of each unit. Each control device shall be in good operating condition and operated consistent with good practices for minimizing emissions. b. Evidence that the source conducted the stack tests according to 17.12.050, and that they were witnessed by the control officer or the control officer’s agent or representative. c. Evidence that the affected facility and any associated air pollution control equipment were operated and maintained to the maximum extent practicable to minimize the opacity of emissions during the stack tests. 3. The owner or operator may petition the control officer within ten days of receipt of notification, asking the control officer to make an appropriate adjustment to the opacity standard for the facility. 3. If the source for which the alternative opacity standard is being applied is located in a nonattainment area, the petitioner shall include all the information listed in subsections (D)(1) and (D)(2), and in addition: a. In subsection (D)(1)(a)(ii), the detailed statement or report shall demonstrate that the alternative opacity limit fulfills the Clean Air Act requirement for reasonably available control technology; and b. In subsection (D)(2)(b), the stack tests shall be conducted with an opportunity for the Administrator or the Administrator’s agent or representative to be present. 4. The control officer may grant the petition after public notice and opportunity for public hearing takes place, and upon November 12, 2004 Page 4613 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 a demonstration by the owner or operator that: a. The affected facility and the associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance test. b. The performance tests were performed under the conditions established by the control officer. c. The affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the opacity requirement. 5. The control officer may establish an opacity standard for the affected facility based on the determination made in subdivision 4 of this subsection. The opacity standard shall be set at a level indicated by the performance and opacity tests, providing that the source will be able to meet the mass or concentration standard and the opacity standard at all times. Such opacity standard shall be incorporated as a condition of the permit for the affected facility. 6. The control officer shall publish the opacity standard once in one or more newspapers of general circulation in the county. F. The process weight rate utilized in this Article shall be determined as follows: 1. For continuous or long runs, steady state process sources, the process weight rate shall be 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. 2. For cyclical or batch process sources, the process weight rate shall be 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. E. If the control officer receives a petition under subsection (D) the control officer shall approve or deny the petition as provided below by October 15, 2004: 1. If the petition is approved under subsection (D)(1) or (D)(2), the control officer shall include an alternative opacity limit in a proposed significant permit revision for the source under 17.12.260 and 17.12.340. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that an alternative opacity limit under this Section shall not be greater than 40%. For multiple units that are normally operated together and whose emissions vent through a single stack, any new alternative opacity limit shall reflect the opacity level at the common stack exit, and not individual in-duct opacity levels. 2. If the petition is approved under subsection (D)(3), the control officer shall include an alternative opacity limit in a proposed revision to the applicable implementation plan, and submit the proposed revision to EPA for review and approval. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that the alternative opacity limit shall not be greater than 40%. 3. If the petition is denied, the source shall either comply with the 20% opacity limit or apply for a significant permit revision to incorporate a compliance schedule under 17.12.210(5)(c)(iii) by April 23, 2006. 4. A source does not have to petition for an alternative opacity limit under subsection (D) to enter into a revised compliance schedule under 17.12.210(5)(c). F. The control officer, Administrator, source owner or operator, inspector or other interested party shall determine the process weight rate, as used in this Article, as follows: 1. For continuous or long run, steady-state process sources, the process weight rate is the total process weight for the entire period of continuous operation, or for a typical portion of that period, divided by the number of hours of the period, or portion of hours of that period. 2. For cyclical or batch process sources, the process weight rate is 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 the period. (Ord. 2004-97 § 4, Ord. 1979-93 (part), 1979) **** 17.16.165 Standards of performance for fossil-fuel fired industrial and commercial equipment. **** B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or other outlet. The heat content of solid fuel shall be determined in accordance with 17.12.220 17.12.040. Compliance tests shall be conducted during operation at the nominal rated capacity of each unit. The total heat input of all fuel-burning units on a plant or premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted. **** (Ord. 2004-97 § 4, Ord. 1994-83 § 54, 1994: Ord. 1993-128 § 4 (part), 1993) **** 17.16.430 Standards of performance for unclassified sources. Volume 10, Issue 46 Page 4614 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 **** G. Where a stack, vent or other outlet is at such a level that fumes, gas, mist, odor, smoke, vapor or any combination thereof constituting air pollution 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 by the owner or operator thereof to a degree that will adequately dilute, reduce or eliminate the discharge of air pollution to adjoining property. (Ord. 2004-97 § 4, Ord. 1994-83 § 58, 1994: Ord. 1993-128 § 4 (part), 1993) **** 17.16.490 Standards of performance for new stationary sources (NSPS). A. Except as provided in subsections B, C and D of this section, and 17.16.500 through 17.16.520, the following subparts of 40 CFR Part 60, and accompanying appendices, the federal standards of performance for new stationary sources, adopted as of July 1, 19962004 and no future editions are incorporated herein by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. 1. Subpart A - General Provisions. (Section 60.1 – Section 60.19) 2. Subpart B – Excluded 3. Subpart C – Excluded 4. Subpart Ca - Reserved 5. Subpart Cb – Excluded 6. Subpart Cc – Excluded 7. Subpart Cd – Excluded 8. Subpart Ce – Excluded 29. Subpart D - Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971. (Section 60.40 – 60.46) 310. Subpart Da - Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978. (Section 60.40a – 60.49a) 411. Subpart Db - Industrial-Commercial-Institutional Steam Generating Units. (Section 60.40b – 60.49b) 512.Subpart Dc - Small Industrial-Commercial-Institutional Steam Generating Units. (Section 60.40c – 60.48c) 613.Subpart E - Incinerators. (Section 60.50 – 60.54) 714.Subpart Ea - Municipal Waste Combustors for which Construction is Commenced after December 20, 1989, and on or before September 20, 1994. (Section 60.50a – 60.59a) 815.Subpart Eb - Municipal Waste Combustors for which Construction is Commenced after September 20, 1994. (Section 60.50b – 60.59b) 16. Subpart Ec – Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (Section 60.50c – 60.58c & Tables) 917.Subpart F - Portland Cement Plants. (Section 60.60 – 60.66) 1018.Subpart G - Nitric Acid Plants. (Section 60.70 – 60.74) 1119.Subpart H - Sulfuric Acid Plants. (Section 60.80 – 60.85) 1220.Subpart I - Hot Mix Asphalt Facilities. (Section 60.90 – 60.93) 1321.Subpart J - Petroleum Refineries. (Section 60.100 – 60.109) 1422.Subpart K - Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. (Section 60.110 – 60.113) 1523.Subpart Ka - Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984. (Section 60.110a – 60.115a) 1624.Subpart Kb - Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984. (Section 60.110b – 60.117b) 1725.Subpart L - Secondary Lead Smelters. (Section 60.120 – 60.123) 1826.Subpart M - Secondary Brass and Bronze Ingot Production Plants. (Section 60.130 –60.133) 1927.Subpart N - Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973. (Section 60.140 – 60.144) 2028.Subpart Na - Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983. (Section 60.140a – 60.145a) 2129.Subpart O - Sewage Treatment Plants. (Section 60.150 – 60.156) 2230.Subpart P - Primary Copper Smelters. (Section 60.160 – 60.166) 2331.Subpart Q - Primary Zinc Smelters. (Section 60.170 – 60.176) 2432.Subpart R - Primary Lead Smelters. (Section 60.180 – 60.186) 2533.Subpart S - Primary Aluminum Reduction Plants. (Section 60.190 – 60.195) 2634.Subpart T - Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants. (Section 60.200 – 60.204) 2735.Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants. (Section 60.210 – 60.214) 2836.Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate Plants. (Section 60.220 – 60.224) November 12, 2004 Page 4615 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 2937.Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants. (Section 60.230 – 60.234) 3038.Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities. (Section 60. 240 – 60.244) 3139.Subpart Y - Coal Preparation Plants. (Section 60.250 – 60.254) 3240.Subpart Z - Ferroalloy Production Facilities. (Section 60.260 – 60.266) 3341.Subpart AA - Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983. (Section 60. 270 – 60.276) 3442.Subpart AAa - Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983. (Section 60.270a – 60-276a) 3543.Subpart BB - Kraft Pulp Mills. (Section 60.280 – 60.285) 3644.Subpart CC - Glass Manufacturing Plants. (Section 60.290 – 60.296) 3745.Subpart DD - Grain Elevators. (Section 60.300 – 60.304) 3846.Subpart EE - Surface Coating of Metal Furniture. (Section 60.310 – 60.316) 47. Subpart FF - Reserved 3948.Subpart GG - Stationary Gas Turbines. (Section 60.330 – 60.335) 4049.Subpart HH - Lime Manufacturing Plants. (Section 60.340 – 60.344) 4150.Subpart KK - Lead-Acid Battery Manufacturing Plants. (Section 60.370 – 60.374) 4251.Subpart LL - Metallic Mineral Processing Plants. (Section 60.380 – 60.388) 4352.Subpart MM - Automobile and Light Duty Truck Surface Coating Operations. (Section 60.390 – 60.398) 4453.Subpart NN - Phosphate Rock Plants. (Section 60.400 – 60.404) 4554.Subpart PP - Ammonium Sulfate Manufacture. (Section 60.420 – 60.424) 4655.Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing. (Section 60.430 – 60.435) 4756.Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations. (Section 60.440 – 60.447) 4857.Subpart SS - Industrial Surface Coating: Large Appliances. (Section 60.450 – 60.456) 4958.Subpart TT - Metal Coil Surface Coating. (Section 60.460 – 60.466) 5059.Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture. (Section 60.470 – 60.474) 5160.Subpart VV - Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry. (Section 60.480 – 60.489) 5261.Subpart WW - Beverage Can Surface Coating Industry. (Section 60.490 – 60.496) 5362.Subpart XX - Bulk Gasoline Terminals. (Section 60.500 – 60.506) 5463.Subpart AAA - New Residential Wood Heaters. (Section 60.530 – 60.539b) 5564.Subpart BBB - Rubber Tire Manufacturing Industry. (Section 60.540 – 60.548) 65. Subpart CCC – Reserved 5666.Subpart DDD - Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry. (Section 60.560 – 60.566) 67. Subpart EEE - Reserved 5768.Subpart FFF - Flexible Vinyl and Urethane Coating and Printing. (Section 60.580 – 60.585) 5869.Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries. (Section 60.590 – 60.593) 5970.Subpart HHH - Synthetic Fiber Production Facilities. (Section 60.600 – 60.604) 6071.Subpart III - Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes. (Section 60.610 – 60.618) 6172.Subpart JJJ - Petroleum Dry Cleaners. (Section 60.620 – 60.625) 6273.Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas Processing Plants. (Section 60.630 – 60.636) 6374.Subpart LLL - Onshore Natural Gas Processing; SO2 Emissions. (Section 60.640 – 60.648) 75. Subpart MMM - Reserved 6476.Subpart NNN - Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations. (Section 60.660 – 60.668) 6577.Subpart OOO - Nonmetallic Mineral Processing Plants. (Section 60.670 – 60.676) 6678.Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants. (Section 60.680 – 60.685) 6779.Subpart QQQ - VOC Emissions From Petroleum Refinery Wastewater Systems. (Section 60.690 – 60.699) 6880.Subpart RRR - Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical manufacturing Industry (SOCMI) Reactor Processes. (Section 60.700 – 60.708) 6981.Subpart SSS - Magnetic Tape Coating Facilities. (Section 60.710 – 60.718) 7082.Subpart TTT - Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines. (Section 60.720 – 60.726) 7183.Subpart UUU - Calcines and Dryers in Mineral Industries. (Section 60.730 – 60.737) 7284.Subpart VVV - Polymeric Coating of Supporting Substrates Facilities. (Section 60.740 – 60.747) 7385.Subpart WWW - Municipal Solid Waste Landfills. (Section 60.750 – 60.759) 86. Subpart AAAA – Small Municipal Waste Combustion Unites for Which Construction is Commenced After August Volume 10, Issue 46 Page 4616 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001. (Section 60.1000 – 60.1465 & Tables) 87. Subpart BBBB – Excluded 88. Subpart CCCC – Commercial and Industrial Solid Waste Incineration for Which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is Commenced on or after June 1, 2001. 89. Subpart DDDD – Excluded B. As used in 40 CFR Part 60: “Administrator” means the control officer, except that the control officer shall not be empowered to approve alternate or equivalent test methods nor to deal with equivalency determinations or innovative technology waivers. C. From the general standards identified in subsection A, delete the following: 1. 40 CFR 60.4. All requests, reports, applications, submittals and other communication to the control officer pursuant to this article shall be submitted to the Pima County Department of Environmental Quality, 1350 W. Congress, Tucson, AZ 85701. 2. 40 CFR 60.5, and 60.6. D. The control officer shall not be delegated authority to deal with equivalency determinations or innovative technology waivers as covered in sections 111(h)(3) and 111(j) of the Act. (Ord. 2004-97 § 4; Ord. 1997-79 § 9, 1997; Ord. 1994-83 § 59, 1994: Ord. 1993-128 § 4 (part), 1993); Ord. 1991-136 § 15, 1991: Ord. 1990-113 § 6, 1990: Ord. 1989-165 § 21, 1989: Ord. 1988-117 § 2, 1988: Ord. 1986-227 § 1 (part), 1986: Ord. 1985-126 (part), 1985: Ord. 1983-196 (part), 1983) ARTICLE VII. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 17.16.530 National Emissions Standards for Hazardous Air Pollutants (NESHAP). A. Except as provided in subsections B, C, and D of this section, the following subparts of 40 CFR Part 61 (NESHAPs) and all accompanying appendices, adopted as of July 1, 2004 and no future editions are incorporated by reference. These standards are on file with the Office of the Secretary of State and the Department and shall be applied by the Department. Subpart A - General Provisions. (Section 61.01 – 61.19) 2. Subpart B – Excluded 23. Subpart C - Beryllium. (Section 61.20 – 61.26) 34. Subpart D - Beryllium Rocket Motor Firing. (Section 61.40 – 61.44) 45. Subpart E - Mercury. (Section 61.50 – 61.56) 56. Subpart F - Vinyl Chloride. (Section 61.60 – 61.71) 7. Subpart G - Reserved 8. Subpart H – Excluded 9. Subpart I – Excluded 610.Subpart J - Equipment Leaks (Fugitive Emission Sources) of Benzene. (Section 61.110 – 61.112) 11. Subpart K – Excluded 712.Subpart L - Benzene Emissions from Coke By-Product Recovery Plants. (Section 61.130 – 61.139) 813.Subpart M - Asbestos. (Section 61.140 – 61.157 & Appendix A) 914.Subpart N - Inorganic Arsenic Emissions from Glass Manufacturing Plants. (Section 61.160 – 61.165) 1015.Subpart O - Inorganic Arsenic Emissions from Primary Copper Smelters. (Section 61.170 – 61.177) 1116.Subpart P - Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production. (Section 61.180 – 61.186) 17. Subpart Q - Excluded 18. Subpart R - Excluded 19. Subpart S - Reserved 20. Subpart T - Excluded 21. Subpart U - Reserved 1222.Subpart V - Equipment Leaks (Fugitive Emission Sources). (Section 61.240 – 61.247 & Tables) 23. Subpart W – Excluded 24. Subpart X - Reserved 1325.Subpart Y - Benzene Emissions From Benzene Storage Vessels. (Section 61.270 – 61.277) 26. Subpart Z - Reserved 27. Subpart AA - Reserved 1428. Subpart BB - Benzene Emissions from Benzene Transfer Operations. (Section 61.300 – 61.306) 29. Subpart CC - Reserved 30. Subpart DD - Reserved 31. Subpart EE - Reserved 1532.Subpart FF - Benzene Waste Operations. (Section 61.340 – 61.359 & Appendices) B. Except as provided in subsection A, the following subparts of 40 CFR Part 63, NESHAPs for Source Categories and all November 12, 2004 Page 4617 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 accompanying appendices, adopted as of July 1, 2004 and no future editions are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department. 1. Subpart A - General Provisions (Section 63.1 - 63.15) 2. Subpart B - Requirements for Control Technology Determinations for major Sources in Accordance with Clean Air Act Sections 112(g) and 112(j) (Section 63.40 - 63.56) 3. Subpart C - Excluded 34. Subpart D - Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants. (Section 63.70 - 63.81) 5. Subpart E - Excluded 46. Subpart F - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry (Section 63.100 - 63.107 & Tables) 57. 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 (Section 63.110 63.152 & Appendix) 68. Subpart H - National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks (Section 63.160 - 63.182 & Tables) 79. Subpart I - National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks (Section 63.190 - 63.193) 10. Subpart J – Reserved 11. Subpart K – Reserved 812.Subpart L - National Emission Standards for Coke Oven Batteries. (Section 63.300 - 63.313 & Appendix) 913.Subpart M - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. (Section 63.320 63.325) 1014. Subpart N - National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. (Section 63.340 - 63.347 & Table) 1115.Subpart O - Ethylene Oxide Emissions Standards for Sterilization Facilities (Section 63.360 - 63.367) 16. Subpart P - Reserved 1217.Subpart Q - National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers (Section 63.400 - 63.406 & Table) 1318.Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). (Section 63.420 - 63.429 & Table) 19. Subpart S - National Emission Standards for Pulp and Paper (Section 63.440 - 63.459 & Table) 1420. Subpart T - National Emission Standards for Halogenated Solvent Cleaning. (Section 63.460 - 63.470 & Appendices) 1521.Subpart U - Group I Polymers and Resins (Section 63.480 - 63.506 & Tables) 22. Subpart V - Reserved 1523.Subpart W - National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and NonNylon Polyamides Production. (Section 63.520 - 63.528 & Table) 1624.Subpart X - National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting (Section 63.541 - 63.550) 25. Subpart Y - Excluded 26. Subpart Z - Reserved 27. Subpart AA – National Emission Standards for Hazardous Air Pollutants for Phosphoric Acid Manufacturing Plants (Section 63.600 - 63.610 & Appendix) 28. Subpart BB – National Emission Standards for Hazardous Air Pollutant for Phosphate Fertilizers Production Plants (Section 63.620 - 63.631 & Appendix) 1729.Subpart CC - National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries (Section 63.640 - 63.679 & Appendix) 30. Subpart DD - National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations (Section 63.680 - 63.698 & Tables) 1831.Subpart EE - National Emission Standards for Magnetic Tape Manufacturing Operations. (Section 63.701 - 63.708 & Table) 32. Subpart FF - Reserved 1933.Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities (Section 63.741 63.759 & Table & Appendix) 34. Subpart HH – National Emission Standards for Oil and Natural Gas Production Facilities (Section 63.760 - 63.779 & Appendix) 35. Subpart II - Excluded 2036.Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations (Section 63.800 - 63.819 & Volume 10, Issue 46 Page 4618 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Tables) 2137.Subpart KK - National Emission Standards for the Printing and Publishing Industry (Section 63.820 - 63.839 & Tables) 38. Subpart LL - National Emission Standards for Primary Aluminum Reduction Plants (Section 63.840 - 63.859 & Tables & Appendix) 39. Subpart MM - Excluded 40. Subpart OO - National Emission Standards for Tanks- Level 1 (Section 63.900 - 63.907) 41. Subpart PP - National Emission Standards for Containers (Section 63.920 - 63.928) 42. Subpart QQ - National Emission Standards for Surface Impoundments (Section 63.940 - 63.948) 43. Subpart RR - National Emission Standards for Individual Drain Systems (Section 63.960 - 63.966) 44. Subpart SS - National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process (Section 63.980 - 63.999) 45. Subpart TT - National Emission Standards for Equipment Leaks -Control Level 1 (Section 63.1000 - 63.1018) 46. Subpart UU - National Emission Standards for Equipment Leaks -Control Level 2 (Section 63.1019 - 63.1039 & Table) 47. Subpart VV - National Emission Standards for Oil-Water Separators and Organic-Water Separators (Section 63.1040 - 63.1049) 48. Subpart WW - National Emission Standards for Storage Vessels (Tanks) – Control Level 2 (Section 63.1060 63.1066) 49 Subpart XX - Reserved 50. Subpart YY - National Emission Standards for Generic MACT Standards (Section 63.1100 - 63.1113) 51. Subpart ZZ – Reserved 52. Subpart AAA – Reserved 53. Subpart BBB - Reserved 54. Subpart CCC - National Emission Standards for Steel Pickling (Section 63.1156 - 63.1174 & Table) 55. Subpart DDD - National Emission Standards for Mineral Wool Production (Section 63.1175 - 63.1199 & Table & Appendix) 56. Subpart EEE - National Emission Standards for Hazardous Waste Combustors (Section 63.1200 - 63.1213 & Table & Appendix) 57. Subpart FFF - Reserved 58. Subpart GGG - National Emission Standards for Pharmaceuticals Production (Section 63.1250 - 63.1261 & Tables) 59. Subpart HHH - National Emission Standards for Natural Gas Transmission and Storage Facilities (Section 63.1270 63.1289 & Appendix) 60. Subpart III - National Emission Standards for Flexible Polyurethane Foam Production (Section 63.1290 - 63.1309 & Appendix) 61. Subpart JJJ - National Emission Standards for Group IV Polymers and Resins (Section 63.1310 - 63.1335 & Tables) 62. Subpart KKK - Reserved 63. Subpart LLL - National Emission Standards for Portland Cement Manufacturing Industry (Section 63.1340 - 63.1359 & Table) 64. Subpart MMM - National Emission Standards for Pesticide Active Ingredient Production (Section 63.1360 - 63.1369 & Tables) 65. Subpart NNN - National Emission Standards for Wool Fiberglass Manufacturing (Section 63.1380 - 63.1399 & Table & Appendices) 66. Subpart OOO – National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins (Section 63.1400 - 63.1419 & Tables) 67. Subpart PPP - National Emission Standards for Polyether Polyols Production (Section 63.1420 - 63.1439 &Tables) 68. Subpart QQQ - National Emission Standards for Primary Copper Smelting (Section 63.1440 - 63.1459 & Table & Figure) 69. Subpart RRR - National Emission Standards for Secondary Aluminum Production (Section 63.1500 - 63.1520 & Tables) 70. Subpart SSS - Reserved 71. Subpart TTT - National Emission Standards for Primary Lead Smelting (Section 63.1541- 63.1550) 72. Subpart UUU - National Emission Standards for Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, And Sulfur Plan Units (Section 63.1560 - 63.1579 & Tables) 73. Subpart VVV--National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works (Section 63.1580 - 63.1595 & Table) 74. Subpart WWW - Reserved 75. Subpart XXX - National Emission Standards for Ferroalloys Production (Section 63.1620 - 63.1679) 76. Subpart AAAA - National Emission Standards for Municipal Solid Waste Landfills (Section 63.1930 - 63.1990 & November 12, 2004 Page 4619 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Appendix) 77. Subpart CCCC - National Emission Standards for Manufacturing of Nutritional Yeast (Section 63.2130 - 63.2192 & Appendices) 78. Subpart DDDD - Reserved 79. Subpart EEEE - National Emission Standards for Organic Liquids Distribution (Non-Gasoline) (Section 63.2330 63.2406 & Appendices) 80. Subpart FFFF--National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing (Section 63.2430 - 63.2550 & Appendices) 81. Subpart GGGG - National Emission Standards for Solvent Extraction for Vegetable Oil Production (Section 63.2830 - 63.2872) 82. Subpart HHHH - National Emission Standards for Wet-Formed Fiberglass Mat Production (Section 63.2980 63.3079 & Appendices) 83. Subpart JJJJ - National Emission Standards for Paper and Other Web Coating (Section 63.2130 - 63.2192 & Appendices) 84. Subpart KKKK--National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans (Section 63.3480 - 63.3561 & Appendices) 85. Subpart MMMM--National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products (Section 63.3880 - 63.3981 & Appendices) 86. Subpart NNNN - National Emission Standards for Large Appliances (Section 63.4080 - 63.4181 & Appendices) 87. Subpart OOOO--National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles (Section 63.4280 - 63.4371 & Appendices) 88. Subpart QQQQ - National Emission Standards for Wood Building Products (Section 63.4680 - 63.4781 & Appendices) 89. Subpart RRRR - National Emission Standards for Surface Coating of Metal Furniture (Section 63.4880 - 63.4981 & Appendices) 90. Subpart SSSS - National Emission Standards for Surface Coating of Metal Coil (Section 63.5080 - 63.5206 & Appendices) 91. Subpart TTTT - National Emission Standards for Leather Finishing Operations (Section 63.5280 - 63.5460 & Appendices) 92. Subpart UUUU - National Emission Standards for Cellulose Products Manufacturing (Section 63.5480 - 63.5610 & Appendices) 93. Subpart VVVV - National Emission Standards for Boat Manufacturing (Section 63.5680 - 63.5779 & Appendices) 94. Subpart WWWW - National Emission Standards for Reinforced Plastics Composites Production (Section 63.5780 63.5935 & Appendices) 95. Subpart XXXX - National Emission Standards for Tire Manufacturing (Section 63.5980 - 63.6015 & Appendices) 96. Subpart YYYY--National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines (Section 63.6080 - 63.6175 & Appendices) 97. Subpart ZZZZ - Reserved 98. Subpart AAAAA--National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants (Section 63.7080 - 63.7143 & Appendices) 99. Subpart BBBBB - National Emission Standards for Semiconductor Manufacturing (Section 63.7180 - 63.7195 & Appendices) 100.Subpart CCCCC - National Emission Standards for Coke Oven: Pushing, Quenching and Battery Stacks (Section 63.7280 - 63.7352 & Appendix) 101.Subpart DDDDD - Reserved 102. Subpart EEEEE--National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries (Section 63.7680 - 63.7765 & Appendix) 103.Subpart FFFFF - National Emission Standards for Integrated Iron and Steel (Section 63.7780 - 63.7852 & Appendices) 104.Subpart GGGGG--National Emission Standards for Hazardous Air Pollutants: Site Remediation (Section 63.7880 63.7957 & Appendices) 105.Subpart HHHHH--National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing (Section 63.7980 - 63.8105 & Appendices) 106.Subpart IIIII--National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants (Section 63.8180 - 63.8266 & Appendices) 107.Subpart JJJJJ - National Emission Standards for Brick and Structural Clay Products Manufacturing (Section 63.8380 - 63.8515 & Appendices) 108.Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing (Section 63.8530 - 63.8665 & Appendices) Volume 10, Issue 46 Page 4620 November 12, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 109.Subpart LLLLL - National Emission Standards for Asphalt Roofing and Processing (Section 63.8680 - 63.8698 & Appendices) 110.Subpart MMMMM - National Emission Standards for Flexible Polyurethane Foam Fabrication Operation (Section 63.8780 - 63.8830 & Appendices) 111. Subpart NNNNN--National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production (Section 63.8980 - 63.9075 & Appendices) 112.Subpart OOOOO - Reserved 113.Subpart PPPPP - National Emission Standards for Engine Test Cells/Stands (Section 63.9280 - 63.9375 & Appendices) 114.Subpart QQQQQ - National Emission Standards for Friction Products Manufacturing (Section 63.9480 - 63.9579 & Appendix) 115.Subpart RRRRR--National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing (Section 63.9580 - 63.9652 & Appendices) 116.Subpart SSSSS - National Emission Standards for Refractory Products Manufacturing (Section 63.9780 - 63.9824 & Appendices) 117.Subpart TTTTT--National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining (Section 63.9880 - 63.9942 & Appendices) C. When used in 40 CFR Part 61 or part 63, “Administrator” means the control officer except that the control officer shall not be authorized to approve alternate or equivalent test methods or alternate standards/work practices. D. From the general standards identified in subsection A of this section delete 40 CFR 61.04. All requests, reports, applications, submittals and other communications to the control officer pursuant to this article shall be submitted to the Pima County Department of Environmental Quality, 1350 W. Congress, Tucson, AZ 85701. E. The control officer shall not be delegated authority to deal with equivalency determinations that are nontransferable through section 112(e)(3) of the Act. (Ord. 2004-97 § 4, Ord. 1998-27 § 15, 1998; Ord. 1997-79 § 10, 1997; Ord. 1995-87 § 49. 1995; Ord. 1994-83 § 60, 1994: Ord. 1993-128 § 4 (part), 1993; Ord. 1991-136 § 14, 1991: Ord. 1988-117 § 1, 1988: Ord 1986-227 § 1 (part), 1986: Ord. 1985-126 (part), 1985; Ord. 1983-196 (part), 1983) **** 17.16.700 Alternative Emission limitations. 40 CFR 63 Subpart D, “Regulations governing compliance extensions for early reductions of hazardous air pollutants” and all accompanying appendices, adopted as of July 1, 1996 2004, and no future editions is adopted by reference. (Ord. 2004-97 § 4, Ord. 1997-79 § 11, 1997) SECTION 5. Chapter 17.28, Section 17.28.065, is hereby amended to read: Chapter 17.28 VIOLATIONS AND CONDITIONAL ORDERS **** 17.28.065 Excess Emissions. A.A.C. R18-2-310 and R18-2-310.01 as of February 15, 2001 is are hereby adopted in its entirety and is are incorporated herein by this reference, except that all references to the “Director” shall be to the “Control Officer”. (Ord. 2004-97 § 5, Ord. 1997-79 § 14, 1997) November 12, 2004 Page 4621 Volume 10, Issue 46 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Table 17.16.040 EMISSIONS-DISCHARGE OPACITY LIMITING STANDARDS Instantaneous Opacity Measurements Type of Source Required Number (For a Set) Excluded Number (Highest Values) Maximum Allowable Average Opacity, % Number to Use For Averaging Asbestos Containing Operation1 25 0 25 0 Cold Diesel Engines2 25 0 25 60 Loaded Diesel Engines3 26 1 25 60 Incinerators 27 2 25 20 Portland Cement Plants4 25 0 25 20 Other Sources5 25 0 25 4020 1 An asbestos mill, manufacturing or fabrication operation which uses asbestos as a raw material, or spraying operation which sprays materials containing more than 1% asbestos by weight. 2 Applicable to the first 10 consecutive minutes after starting up a diesel engine. 3 Applicable to a diesel engine being accelerated under load. 4 Applicable to kiln, clinker cooler, and other process equipment. 5 Any source not otherwise specifically covered within this table, unless otherwise specifically covered in this chapter. (Ord. 2004-97 § 5; Ord. 1993-128 § 4, 1993; Ord. 1979-93 (part), 1979) **** SECTION 6. If any of the provisions of this ordinance or the application thereof to any person or circumstance is invalid, the invalidity shall not effect other provisions or applications of this ordinance which can be given effect without the invalid provision or circumstance, and do this end the provisions of this ordinance are severable. SECTION 7. This ordinance shall become effective 31 days from the date of adoption. Volume 10, Issue 46 Page 4622 November 12, 2004 This page left intentionally blank. NOTES/ACTION AGENDA, BOARD OF SUPERVISORS' MEETING BOARD OF SUPERVISORS' HEARING ROOM 130 W. CONGRESS, 1ST FLOOR OCTOBER 19, 2004 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE ... 9:00 A.M. EXECUTIVE SESSION (CLERK'S NOTE: As of the posting date of 10/13/04, no executive session item has been placed on the regular agenda. However, this is subject to any addendum.) BOARD OF SUPERVISORS SITTING AS OTHER BOARDS ... FLOOD CONTROL DISTRICT BOARD Agreement, Contract and/or Amendment Shetland Properties Co., L.L.C., and Arran Real Properties Co., L.L.C., to provide an acquisition agreement for a 38,035 square foot right-of-way (fee purchase) and 14,125 square foot drainage easement located at the Ina Road Bridge at the Santa Cruz River, Tax Parcel Nos. 226-32-011F and 226-35-006C, Sections 35 and 36, T12S, R12E, Capital Improvement Bond Fund, contract amount not to exceed $6,000.00 including closing costs (22-64S-135165-1004) Real Property BOARD OF SUPERVISORS SITTING IN REGULAR SESSION 4. CONSENT CALENDAR: For consideration and approval A. Call to the Public B. Approval of Consent Calendar RA 10-19-04 (1) NOTES/ACTION 5. PROCUREMENT UNFINISHED BUSINESS (RM 5/11/04, RM 5/25/04, RM 6/15/04, RM 8/3/04, RM 9/7/04 and RM 10/12/04) A. Special Needs Transportation Staff requests consideration of the following regarding Contract No. 11-04-A-133875-0204 with A&K Transportation, Inc., for special needs transportation services: 1. Determine that lack of a performance bond is an informality, waive the bonding requirement and accept a letter of credit in lieu of the performance bond; OR 2. Terminate the contract, cancel the award of RFP No. 70553 to A&K Transportation, Inc., and award the contract to the second highest scoring proposal, American Pony Express, Inc. NEW BUSINESS B. Awards of Contract - Facilities Management Job Order Contracts - electrical contracting services. Staff recommends award to the following in the amount of $250,000.00 each, General Fund: Vendor Gilbert Electric Co., Inc. Sabino Electric, Inc. Sturgeon Electric, Inc. C. Corporate Headquarters Tucson, AZ Tucson, AZ Rolling Meadows, IL Award of Contract - Natural Resources, Parks and Recreation Picture Rocks District Park Improvements. Staff recommends M. Anderson Construction, Corp. (Corporate Headquarters: Tucson, AZ) in an amount not to exceed $825,000.00: 1997 Bond Fund, $730,000.00; and 2004 Bond Fund, $195,000.00. RA 10-19-04 (2) NOTES/ACTION PUBLIC WORKS - DEVELOPMENT SERVICES 6. FINAL PLAT WITH ASSURANCES P1203-134, Sycamore Canyon, Lots 1-485, Blocks A and B and Common Areas A-1 to A-24, B-1 to B-56 and C-1. (District 4) * * * HEARINGS * * * FRANCHISES/LICENSES/PERMITS LIQUOR LICENSES 7. 04-27-8758, Terry Lee Taggart, d.b.a. Old Spanish Trail Steak House, 5400 S. Old Spanish Trail, Series 12, Restaurant License, New License. 8. 04-28-8759, Terry Lee Taggart, d.b.a. Old Spanish Trail Steak House, 5400 S. Old Spanish Trail, Series 07, Beer and Wine Bar, Person Transfer. *(CLERK'S NOTE: Applicant must satisfy the requirements of Section 18.43.030(G) of the Pima County Zoning Code which requires a Type I Conditional Use Permit.) *9. 04-30-8761, Manuel Solorzano, d.b.a. Manuel's Restaurant, 121 W. Duval Mine Road, Green Valley, Series 12, Restaurant License, New License. *(CLERK'S NOTE: Applicant must satisfy the requirements of Section 18.43.030(G) of the Pima County Zoning Code which requires a Type I Conditional Use Permit.) *10. 04-31-8762, Robert Brian McMahon, d.b.a. Charro Grill, 100 W. Orange Grove Road, Series 12, Restaurant License, New License. 11. 04-32-8763, Atul Jain, d.b.a. Wild Noodles, 7475 N. La Cholla Blvd., No. 400, Series 07, Beer and Wine Bar, Person and Location Transfer. RA 10-19-04 (3) NOTES/ACTION EXTENSION OF PREMISES/PATIO PERMIT 12. James Counts, d.b.a. Nimbus Brewing Co., L.L.C., 3850 E. 44th Street, Temporary Extension of Premises Permit for Saturday, October 23, 2004 and Saturday, November 6, 2004. FIREWORKS PERMIT 13. Jan Tuttle, Voyager RV Park, 8701 S. Kolb Road, Space Nos. 1-280, October 31, 2004 at approximately 7:00 p.m. HEALTH DEPARTMENT PIMA COUNTY CODE TEXT AMENDMENT 14. ORDINANCE NO. 2004- 96 , of the Board of Supervisors of Pima County, Arizona, relating to immunizations; amending Pima County Code Chapter 8.12, Immunization. PUBLIC WORKS ENVIRONMENTAL QUALITY PIMA COUNTY CODE TEXT AMENDMENT 15. ORDINANCE NO. 2004- 97 , of the Board of Supervisors of Pima County, Arizona, relating to the environment and air quality; amending Chapters 17.04; 17.08; 17.12; 17.16; and 17.28, to conform with corresponding State and Federal Air Quality Regulations. DEVELOPMENT SERVICES UNFINISHED BUSINESS REZONING (RM 9/21/04) 16. Co9-03-23, TNR&S ACQUISITIONS, INC., ET. AL. - LA CHOLLA BOULEVARD REZONING Request of TNR&S Acquisitions, Inc., represented by Tetra Tech, Inc., for a rezoning of a total of approximately 65.01 acres from SR (Suburban Ranch) to CR-5 (Multiple Residence) consisting of approximately 13.6 acres located at the northeast RA 10-19-04 (4) NOTES/ACTION corner of Shannon Road and Club Drive; CR-5 (Multiple Residence) Small Lot Option consisting of approximately 17.9 acres located on the west side of La Cholla Boulevard approximately 400 feet south of the Hardy Road alignment; and CR-1 (Single Residence) consisting of approximately 33.4 acres located west of La Cholla Boulevard north of the intersection of La Cholla Boulevard and the north alignment of Magee Road. The proposed rezoning conforms to the Pima County Comprehensive Plan, Co7-00-20. On motion, the Planning and Zoning Commission voted 5-3 (Commissioners Hirsch, Gungle and Staples voted NAY) to recommend APPROVAL WITH CONDITIONS. Staff recommends APPROVAL WITH CONDITIONS and standard and special requirements. (District 1) NEW BUSINESS SPECIFIC PLAN REZONING 17. Co23-04-01, SWAN/SOUTHLANDS SPECIFIC PLAN Request of South Wilmot Land Investors, L.L.C., Pima County, and Southland Investors, L.L.C., represented by LVA Urban Design Studio, L.L.C., to rezone approximately 3,200 acres from RH (Rural Homestead) to SP (Specific Plans, Swan Southlands Specific Plan), located generally between S. Swan and Wilmot Roads, approximately 1 mile south of Old Vail Connection Road. The request lies within and conforms to the Pima County Comprehensive Plan Co7-00-20. On motion, the Planning and Zoning Commission voted 5-3 (Commissioners Gungle, Poulos, and Smith voted NAY; Commissioner Spendiarian was absent) to recommend APPROVAL OF THE SPECIFIC PLAN WITH CONDITIONS, AS REVISED and standard and special requirements. On motion, the Planning and Zoning Commission voted 6-2 (Commissioners Gungle and Staples voted NAY; Commissioner Spendiarian was absent) to recommend APPROVAL OF THE SPECIFIC PLAN REGULATIONS THAT SUPERCEDE ADOPTED COUNTY ZONING REGULATIONS, AS REVISED. Staff recommends APPROVAL WITH CONDITIONS, AS REVISED. (District 2) RA 10-19-04 (5) NOTES/ACTION ZONING CODE TEXT AMENDMENTS 18. Co19-04-01, TUCSON/MARANA/PIMA COUNTY OUTDOOR LIGHTING CODE AMENDMENT An ordinance of the Board of Supervisors of Pima County, Arizona; relating to building and construction; amending the Tucson/Marana/Pima County Outdoor Lighting Code, Exhibit A to Ordinance No. 2000-63, as amended by Ordinance No. 2001-138; by amending Section 4, Definitions; Section 5, Total Outdoor Light Output and Shielding Requirements; Section 6, Outdoor Advertising Signs; Section 7, Special Uses; and Section 8, Submission of Evidence of Compliance with Code. On motion, the Planning and Zoning Commission voted 8-0 (Commissioner Smith was absent) to recommend APPROVAL. Staff recommends APPROVAL. (All Districts) If approved, pass and adopt: ORDINANCE NO. 2004- 19. 98 Co19-04-02, INTERNATIONAL URBAN-WILDLAND INTERFACE CODE AMENDMENT An ordinance of the Board of Supervisors of Pima County, Arizona; relating to building and construction; amending Ordinance No. 2003-70, by amending Exhibit A, Pima County Local Amendments to the International Urban-Wildland Interface Code, and amending Section 15.04.020 of the Pima County Code. On motion, the Planning and Zoning Commission voted 8-0 (Commissioner Smith was absent) to recommend APPROVAL. Staff recommends APPROVAL. (All Districts) If approved, pass and adopt: ORDINANCE NO. 2004- 99 RA 10-19-04 (6) NOTES/ACTION COMPREHENSIVE PLAN AMENDMENTS 20. Co7-04-04, OSBORNE – N. CAMINO DE OESTE PLAN AMENDMENT Request of Linda Osborne, represented by Laidlaw Consulting, L.L.C., to amend the Pima County Comprehensive Plan from Low Intensity Urban 0.3 (LIU 0.3) to Low Intensity Urban 0.5 (LIU 0.5). The subject property is approximately 4.25 acres and is located on the west side of N. Camino de Oeste, half a mile north of Camino del Cerro in Section 13, T13S, R12E, in the Tucson Mountains/Avra Valley Subregion. On motion, the Planning and Zoning Commission voted 8-0 (Commissioner Spendiarian was absent) to recommend APPROVAL. Staff recommends APPROVAL. (District 5) 21. Co7-04-05, DALRYMPLE REVOCABLE TRUST – W. RUDASILL ROAD PLAN AMENDMENT Request of Debra Barnes of the Dalrymple Revocable Trust, to amend the Pima County Comprehensive Plan from Low Intensity Urban 1.2 (LIU 1.2) to Medium Intensity Urban (MIU). The subject property is 7.065 acres and is located on the south side of Rudasill Road, approximately 800 feet east of Shannon Road, in the Northwest Subregion. On motion, the Planning and Zoning Commission voted 5-3 (Commissioners Membrila, Smith and Matter voted NAY, Commissioner Spendarian was absent) to recommend DENIAL. Staff recommends APPROVAL. (District 3) 22. Co7-04-07, MENDEZ – S. VAHALLA ROAD PLAN AMENDMENT Request of Ernest and Amanda Mendez, represented by John Bravo, to amend the Pima County Comprehensive Plan from Low Intensity Rural (LIR) to Medium Intensity Rural (MIR). The subject property is approximately 4.34 acres and is located on the southeast corner of W. Zorro Road and S. Vahalla Road in Section 21, T15S, R12E, in the Southwest Subregion. On motion, the Planning and Zoning Commission voted 5-3 (Commissioners Cuyugan, Membrila and Smith voted NAY; Commissioner Spendiarian was absent) to recommend DENIAL. Staff recommends APPROVAL, SUBJECT TO THE SPECIAL AREA POLICY. (District 3) RA 10-19-04 (7) NOTES/ACTION 23. Co7-04-14, REID, ET. AL. – W. ORANGE GROVE ROAD PLAN AMENDMENT Request of the Naomi E. Reid Irrevocable Trust, et. al., to amend the Pima County Comprehensive Plan from Low Intensity Urban 1.2 (LIU 1.2) to Medium Intensity Urban (MIU). The subject property is approximately 1.63 acres and is located on the southeast corner of Orange Grove Road and La Cañada Drive, in the Northwest Subregion. On motion, the Planning and Zoning Commission voted 8-0 (Commissioner Spendiarian was absent) to recommend APPROVAL WITH CONDITIONS. Staff recommends APPROVAL. (District 1) 24. REZONING ORDINANCES - Unadvertised Hearings 25. A. ORDINANCE NO. 2004- 100 , Co9-03-30, Martinez - La Canada Drive Rezoning. Owner: Ralph and Leonore Martinez. (District 1) B. ORDINANCE NO. 2004- 101 , Co9-03-34, Price Pima Farms Road Rezoning. Owner: Audrey Price. (District 3) C. ORDINANCE NO. 2004- 102 , Co9-03-37, St. Mary’s Second Century Foundation - La Canada Drive Rezoning. Owner: St. Mary’s Second Century Foundation. (District 4) REZONING RESOLUTIONS A. RESOLUTION NO. 2004 - 286 , Co9-90-33, Maguey Limited No. 2, et. al. - Thornydale Road No. 2 Rezoning. Owner: Title Security of Arizona, Trust No. 731. (District 3) B. RESOLUTION NO. 2004 - 287 , Co9-94-55, Walker/Lawyers Title Trust No. 5587 - Sunset Road Rezoning. Owner: Fidelity National Title, Trust No. 60143. (District 3) C. RESOLUTION NO. 2004 - 288 , Co9-98-40, Valenzuela - Oracle Road Rezoning. Owner: DM Federal Credit Union. (District 3) RA 10-19-04 (8) NOTES/ACTION TRANSPORTATION 26. ROAD ESTABLISHMENTS A. RESOLUTION NO. 2004 - 289 , providing for the establishment of a County highway lying within Section 12, T17S, R18E, Pima County, Arizona, under Proceeding No. 2980, for a portion of the Tucson-Benson Interstate Highway. (District 4) B. RESOLUTION NO. 2004 - 290 , providing for the establishment of County highway, lying within Sections 25 and 26, T12S, R12E, Pima County, Arizona, under Proceeding No. 2968, for a portion of Cortaro Farms Road within the incorporated limits of the Town of Marana. (Districts 1 and 3) 27. CALL TO THE PUBLIC 28. ADJOURNMENT CLERK’S NOTE: A. Public discussion and action may occur on any executive or regular agenda item; and, B. Any backup material will be available for review twenty-four (24) hours before the meeting at the Clerk of the Board’s Office. POSTED: Levels A & B, 1st and 5th Floors, Pima County Administration Building. DATE POSTED: 10/13/04 TIME POSTED: 5:00 P.M. RA 10-19-04 (9) NOTES/ACTION CONSENT CALENDAR, OCTOBER 19, 2004 1. PROCUREMENT AGREEMENTS, CONTRACTS AND/OR AMENDMENTS A. RESOLUTION NO. 2004 - 284 , approving an Intergovernmental Agreement with the City of Tucson, to provide for eviction prevention/ emergency homeless housing assistance to lowincome City residents, Arizona Department of Housing Grant Fund, contract amount not to exceed $50,000.00 (01-69-T-135166-0704) Community Services B. RESOLUTION NO. 2004 - 285 , approving an Intergovernmental Agreement with the Drexel Heights Fire District, Golder Ranch Fire District, Green Valley Fire District, Northwest Fire/Rescue District and the City of Tucson Fire Department, to provide mutual aid response for hazardous materials incidents, no cost (01-01-D-135183-1004) Health Department * * * C. Catholic Community Services of Southern Arizona, Inc., d.b.a. Pio Decimo, Amendment No. 5, to provide workforce development services and amend contractual language, YO and RYA Grant Funds, contract amount $58,976.00; General Fund contract amount $3,104.00 (11-39-C-130846-0602) Community Services D. Tucson Airport Authority (TAA), to provide for the TAA-PDEQ South Side Private Well Monitoring Program, Tucson Airport Authority Fund, contract amount $17,513.00 Revenue (1151-T-135171-1004) Environmental Quality E. Otis Elevator Company, Amendment No. 6, to provide for the Superior Court Elevator Modernization Project and amend contractual language, Bond Fund, contract amount $157,000.00 (03-13-A-125581-1198) Facilities Management CC 10-19-04 (10) NOTES/ACTION E-1. Advanced Controls Corporation, Amendment No. 6, to provide energy management and temperature control system services and extend contract term to 11/5/05, General Fund, contract amount not to exceed $200,000.00 (1013-A-130147-1101) Facilities Management E-2. Goel Enterprises, Inc., d.b.a. AAA-1 Flooring, Amendment No. 2, to provide floor covering and installation services and extend contract term to 12/16/05, General Fund, no cost (11-13-G131848-1202) Facilities Management F. Arizona Department of Health Services, Amendment No. 4, to provide breast and cervical cancer screening services, extend contract term to 6/30/05 and amend scope of work, Well Woman Healthcheck Grant Fund, contract amount $470,500.00 Revenue (01-01-A131795-0103) Health Department F-1. Arizona Board of Regents, University of Arizona, Southwest Institute of Research for Women and Adolescents, Amendment No. 1, to provide substance abuse and HIV/AIDS services, extend contract term to 9/29/05 and amend contractual language, Eon Capacity Enhancement Grant Fund, contract amount $100,592.00 (0701-A-133889-0903) Health Department G. Northwest Obstetrics and Gynecology, P.C., Amendment No. 3, to provide OB/GYN services, extend contract term to 11/30/04 and amend contractual language, PHCS Enterprise Fund, no cost (18-15-L-129980-1201) Pima Health System G-1. Marana Health Center, Inc., Amendment No. 5, to provide primary care physician, dental, radiology and OB services, extend contract term to 12/31/05 and amend contractual language, PHCS Enterprise Fund, contract amount $300,000.00 (18-15-M—130059-1201) Pima Health System CC 10-19-04 (11) NOTES/ACTION G-2. A & K Transportation, Inc., Amendment No. 1, to provide non-emergent medical transportation services and amend contractual language, PHCS Enterprise Fund, no cost (11-15-A-134244-0504) Pima Health System G-3. Kord's Metro Service, Inc., Amendment No. 1, to provide non-emergent medical transportation services and amend contractual language, PHCS Enterprise Fund, no cost (11-15-K-134247-0504) Pima Health System 2. H. Castro Engineering, Inc., Amendment No. 3, to provide roadway design engineering for the River Road: Campbell Avenue to Alvernon Way Project and amend scope of work, Capital Improvement Bond Fund, contract amount $86,150.00 (16-04-C-131556-1002) Transportation I. Kennedy/Jenks Consultants, Amendment No. 1, to provide for the Randolph Park WRF Restoration Oversight Project and amend contractual language, Contractor's Builder Risk Insurance Fund, contract amount $742,586.00 (07-03-K134387-0604) Wastewater Management RATIFICATION OF CHANGE ORDERS EXECUTED PURSUANT TO THE PIMA COUNTY PROCUREMENT CODE A. Sandpiper Construction, Inc., Change Order No. 5, to provide for the Posada Del Sol Health Care Center ADA Modifications Project and amend scope of work, Capital Improvement Bond Fund, contract amount $20,143.00 (03-13-S133808-1203) Facilities Management B. The Ashton Company, Inc., Change Order No. 1, to provide asphaltic concrete overlay services and reflect as-built final quantities, HURF Fund, contract amount $73,813.11 (03-04-A133972-0304) Transportation CC 10-19-04 (12) NOTES/ACTION B-1. Hunter Contracting Company, Change Order No. 3, to provide for the Veterans Memorial Overpass Demonstration Project and amend scope of work, Federal STP and Urban/County HURF Funds, contract amount $50,500.00 decrease (03-04-H-133980-0304) Transportation 3. BOARD OF SUPERVISORS Approval of the Board of Supervisors' Meeting Schedule for the period January through May, 2005. 4. DIVISION OF ELECTIONS Pursuant to A.R.S. §16-821B, approval of Precinct Committeemen Appointments: APPOINTMENT Harn, Ora Mae Hershberger, Freddy Elliott, Melva I. Niemi, Mikki Niemi, Dorothy Perolla, Lori Ann Garcia, Richard Blackwell, Bonnie Williams, Vic James, Cecil Chewning, Gene Pereira, Silvania Wilke, William Bowler, William Scrivener, Judy Ekrom, Evalyn Beckley, Edwin 5. PRECINCT 006 012 017 028 028 128 145 149 202 202 233 237 266 280 342 345 388 PARTY REP REP REP REP REP REP REP REP REP REP REP REP REP REP REP REP REP BOARDS, COMMISSIONS AND/OR COMMITTEES A. Air Quality Hearing Board Reappointment of Caryl S. Brailsford, M.D. Term expiration: 9/30/07. (Staff recommendation) CC 10-19-04 (13) NOTES/ACTION B. Pima County Bond Advisory Committee Ratification of appointment: Kelly Gomez, Pascua Yaqui Tribe representative. Term expiration: 4/30/10. (Jurisdictional recommendation) 6. SPECIAL EVENT LIQUOR LICENSES APPROVED PURSUANT TO RESOLUTION NO. 2002-273 A. Jesusita Moreno, Mano Amiga, Tucson Bargain Center, 3750 E. Irvington Road, Tucson, October 22, 2004. B. Jesusita Moreno, Mano Amiga, Tucson Bargain Center, 3750 E. Irvington Road, Tucson, October 29, 2004. CC 10-19-04 (14) This page left intentionally blank. This page left intentionally blank. DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 December 31, 2004 RE: Pima County Regional Haze Submittal Pursuant to CAA §§ 169A To whom it may concern: The undersigned herby affirms based upon personal knowledge that a notice of an expedited rulemaking process and a public hearing thereon, was mailed out on August 24, 2004, by first class mail to each of the individuals or entities identified on the accompanying mailing list. Sincerely, Jean Parkinson Program Coordinator Visit our website at: www.deq.pima.gov Printed on recycled paper This page left intentionally blank. DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 PUBLIC COMMENTS RE: Pima County Regional Haze Submittal Pursuant to CAA §169A December 31, 2004 This section is not applicable with regard to the subject SIP submittal. This document is being presented simply to affirm that the lack of substantive comments reflects actual activities, rather than an inadvertent omission of such a document. The Board of Supervisors “Minutes” from the October 19, 2004 meeting, which are included in Section VII, indicates that there were no comments received at the public hearing. In addition, there were no written comments received by PDEQ prior to the Public Hearing on October 19, 2004. Visit our website at: www.deq.pima.gov Printed on recycled paper This page left intentionally blank. DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 SIP SUBMITTAL CHECKLIST RE: Pima County Regional Haze Submittal Pursuant to CAA §§ 169A December 31, 2004 Pursuant to 40 CFR Subpart 51, Appendix V, this checklist is provided for the Pima County Code revisions of October 19, 2004. Note: The “Section” references in this document refer to the sections of the Regional Haze SIP submittal package as conveyed to the designee of the Governor of the State of Arizona, which package the Department anticipates will be transferred to the Region IX EPA Administrator. This submittal reflects rule changes adopted by the Pima County Board of Supervisors on October 19, 2004. Materials included within the submittal package are identified in BOLD type. Administrative Materials: 1. 2. 3. 4. 5. 6. 7. 8. Formal letter – see Section I Evidence of adoption – Ordinance No. 2004-97 Evidence of Legal Authority – see Section II Copy of the rule – a. See Section III, which includes: Ordinance No. 2004-97, a clean copy of the affected provision of the Pima County Code Chapter 17.12.480. b. See Section IV, which includes: Ordinance No. 2004-97, adopting by references the changes embodied in the redline/strikeout copy of the affected provisions of the Pima County Code Chapter 17.12.480. Evidence of conformity with procedures under state law, such as notice and hearing requirements under Arizona Revised Statutes §§49-112 and 49-479. Evidence of Public Hearing - Copy of public notices – see Section V Public Comments and agency response: a. Board of Supervisors agenda and minutes of the October 19, 2004 hearing (Section VII). b. Compilation of comments – no comments received; see Board of Supervisors’ minutes of the October 19, 2004 hearing (Section VII). Identification of Pollutants regulated by rule: Visit our website at: www.deq.pima.gov Printed on recycled paper DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 a. b. c. d. e. Sulfur dioxide Oxides of Nitrogen Volatile Organic Compounds Particulate Matter Carbon Monoxide 9. Identification of sources/attainment status: Not Applicable 10. Written Summary of Rule/Rule Change: See Section III – Pima County Code 17.12.480, Open Burning Permits (Clean) 11. Rule Changes indicated by underlining and cross-outs: See Section IV – Pima County Code 17.12.480, Open Burning Permits (Draft) 12. Rules’ effect on emissions: The rules will cause a reduction of emissions causing impairment to visibility; specifically, reductions of emissions from open burning (carbon monoxide, particulate matter, volatile organic compounds, and nitrogen oxides). 13. Demonstration that NAAQS, PSD Increments, and RFP are protected: Not Applicable 14. Evidence that emissions limitations are based on continuous emission reduction technology: Not Applicable 15. Modeling Support: Not Applicable 16. Identification of rule sections containing emission limits, work practice standards, and/or record keeping and reporting requirements: See Section III – Pima County Code 17.12.480, Open Burning Permits (Clean) 16. Compliance/Enforcement Strategies: No Applicable Visit our website at: www.deq.pima.gov Printed on recycled paper DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 17. Economic and technical justification for deviation from EPA policies: No known deviation from EPA policy. PDEQ has deviated from the ADEQ rules regarding the Air Curtain Destructor. The inclusion of an air curtain destructor as an “open burn permittee” has been redacted due to a conflict with another Pima County Code rule. Please see Section VII – Evidence of Legal Authority. Visit our website at: www.deq.pima.gov Printed on recycled paper This page left intentionally blank. DEPARTMENT OF ENVIRONMENTAL QUALITY 150 W. Congress Street Tucson, Arizona 85701-1317 (520) 740-3340 FAX (520) 882-7709 SIP ENFORCEABILITY CHECKLIST RE: Pima County Regional Haze Submittal Pursuant to CAA §169A December 31, 2004 Based on information and belief, the “SIP Enforceability Checklist” is not applicable with regard to the subject SIP submittal. This document is being presented simply to affirm that the lack of a substantive “Checklist” reflects design, rather than an inadvertent omission of such a document. The “SIP Enforceability Checklist” pertains to source-specific, or “prohibitory” rules. In contrast, to the extent that these changes involve revisions to the Regional Haze SIP, the changes involve the Department’s open burning rules and permit program. Visit our website at: www.deq.pima.gov Printed on recycled paper This page left intentionally blank. Enclosure 6 Pinal County Open Burn Rule (Pinal County Code, §§3-8-700 and 3-8-710) This page left intentionally blank. ** PLEASE NOTE ** For the purposes of this Regional Haze SIP Revision, we are asking for the consideration of revisions to Pinal County Code Sections 3-8-700 and 3-8-710 only. At this time, the Notice of Final Rulemaking (NFRM) as published in the December 17, 2004, Arizona Administrative Register, is the only available copy of revised PCC Section 3-8-700 and 3-8-710. The code became effective October 27, 2004, but will not be codified (clean copy) until 2005. The NFRM has been highlighted in the electronic version to facilitate locating Section 3-8-700 and 3-8710. Please note that in the Pinal County NFRM preamble, section A, the “Section Affected” list shows the revised code sections as 3-7-800 and 3-7-810. This is an error and has been brought to the attention of Pinal County. A codified version of Pinal County Code Sections 3-8-700 and 3-8-710, along with supporting adoption documentation, will be sent upon its availability. This page left intentionally blank. Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 COUNTY NOTICES PURSUANT TO A.R.S. § 49-112 Editor’s Note and Disclaimer: County Notices published in the Register do not conform to the standards of the Arizona Rulemaking Manual. The following Notice is reproduced as submitted and imported into the publishing software used by the Office of the Secretary of State. No editing was performed on this Notice. Please consult the county for alternative formats of this Notice. NOTICE OF FINAL RULEMAKING PURSUANT TO A.R.S. §§ 49-112 AND 49-471.01 ET SEQ. PINAL COUNTY AIR QUALITY CONTROL DISTRICT 1. Preamble A. The District proposed that the Board of Supervisors adopt or amend certain rules under authority of A.R.S. §§ 49-479 and 49-480, which respectively authorized the Board to adopt rules to control air pollution and to adopt a stationary source permit program. Affected rules are identified, and corresponding changes discussed in subsection B of this preamble, and include the following sections: Section Affected Rulemaking Action §1-1-105 §1-1-107 §1-2-100 §1-2-140 §1-3-140 §3-1-030 §3-1-040 §3-1-050 §3-1-084 §3-1-087 §3-1-102 §3-1-103 §3-5-490 §3-7-580 §3-7-590 §3-7-600 §3-7-610 §3-7-800 §3-7-810 §4-2-040 §4-2-050 §4-3-060 §4-3-070 §4-3-080 §4-3-090 §8-1-060 Appendix B B. Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend Amend The revisions include the following: 1. Open Burning Permit Revisions §§3-7-800 and 3-7-810, the open burning permit rules, are extensively revised. A single substantive change simply requires that a burn permit application indicate what, if any, emission reduction techniques the applicant will employ. In addition, those two rules are reformatted to improve readability, correct grammatical errors and eliminate redundancies. Code §1-1-105 will also be amended to reflect that those rules, as revised by this proposal, are intended to constitute elements of the Arizona State Implementation Plan generally, and the Regional Haze SIP in particular. The proposed changes be effective upon approval, and effectiveness will not be condi- Volume 10, Issue 51 Page 5100 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 2. 3. 4. 5. 6. tioned upon a prior SIP-revision approval by the EPA. Permit Rule/Permit Fee Revisions a. Special Applicability Provision for Publicly Operated Wood Waste Incinerators §3-1-040 is revised to designate as a Class III source a small wood-waste incinerator operated on a nonprofit basis by a political subdivision of the State Arizona. Such a facility will still be obligated to comply with both local and federally adopted performance standards, and will be limited by permit to emissions not exceeding 90% of relevant major source thresholds. The principal benefit to the operator will be the reduced permit fee available to Class III sources, which will reduce the burden on affected sources. b. Streamlining Definition of “Actual Emissions” for Fee Purposes §3-7-590 and Appendix B, Section C.2, are revised to eliminate a redundant definition of “actual emissions” for emission fee purposes, as well as to conform the remaining definition to ADEQ's definition. See A.A.C. R18-2-326(C)(2). Additional Changes to Conform to ADEQ Air Quality Rules §1-3-140.89, defining non-precursor compounds that do not constitute volatile organic compounds, is revised to conform to A.A.C. R18-2-101.126 (Supp. 04-1). That change will reduce the regulatory burden on affected facilities. §4-2-040, defining standards applicable to non-point sources of fugitive dust, are expanded to include subparagraphs J. and K., respectively addressed to off-road vehicle use and mineral tailings piles. Both changes conform to ADEQ's corresponding rules, A.A.C. R18-2-604(C) and R18-2-608. The changes are required to conform to the “at least as stringent” mandate of A.R.S. §49-479(A). §4-2-050, defining the relevant opacity standard and monitoring method for non-point sources of fugitive dust, is revised to conform to ADEQ's corresponding rule, A.A.C. R18-2-612. Given that the County's existing rule contains limiting conditions not found in ADEQ's rule, the change is required in order to conform to the “at least as stringent” mandate of A.R.S. §49-479(A). Class III Source Application Deposit §3-7-580 is revised to require an application deposit when filing a Class III application. EPA Requested Changes §1-1-105 is revised to exclude as proposed SIP elements the whole of Chapter 3, Article 5, dealing with county-issuance and administration of ADEQ-issued general permits. This change was requested on May 26, 2004, by Emmanuelle Rapicavoli, Permits Section, Air Division, EPA Region IX. Typographical, Grammatical and Clarifying Corrections §1-1-105, defining which rules should comprise the locally adopted elements of the Arizona SIP, is revised to: Exclude §1-2-110, dealing with adopted documents, which the EPA has already rejected; Exclude §1-3-130, dealing with adopted documents, which the EPA has already rejected; Exclude §3-1-020, dealing with adopted documents, which the EPA has already rejected; Based on irrelevance, exclude §3-1-080, dealing with appeals to the hearing board; Expressly identify current revisions to §§3-7-800 and 3-7-810, regulating open burning, as proposed elements of the Arizona State Implementation Plan, including the Regional Haze SIP; Exclude §4-1-010, dealing with adopted documents, which the EPA has already rejected; §1-1-107, defining which rules should comprise the local Title V program, is revised to: Correct the revision date for §2-5-160; Eliminate an incorrect revision date for §3-1-060; Delete §3-1-080, dealing with appeals to the hearing board, which EPA has previously indicated should not be a Title V program element; Delete §3-1-085, dealing with notices from Building Departments, which EPA has previously indicated should not be a Title V program element; Delete §3-1-100, dealing with posting of permits, which EPA has previously indicated should not be a Title V program element; Eliminate an incorrect revision date for §3-1-109; Add a correct revision date for §3-1-160; December 17, 2004 Page 5101 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 - Add a correct revision date for §3-6-565 Eliminate an incorrect revision date for §3-7-591; Delete §3-7-600, dealing with Class II, non-Title V, permit fees, as a proposed Title V program element; Delete §3-7-612, an already repealed rule dealing with general permit fees for Class II, non-Title V sources, as a proposed Title V program element; Based on irrelevance, delete §3-7-660, dealing with hearing board appeal fees, as a proposed Title V program element; Based on irrelevance, delete §§4-3-060 and 4-3-080, dealing with fugitive dust on construction sites, as proposed Title V program elements; Based on irrelevance, delete §5-31-2022, dealing with emission standards for lime manufacturing facilities, as a proposed Title V program element; Based on irrelevance, delete §6-1-030, locally adopting EPA-promulgated New Source Performance Standards, as a proposed Title V program element; Based on irrelevance, delete Appendix C, defining a fee schedule for open burning and earthmoving activity, as a proposed Title V program element. §1-2-110.7 is revised to reflect the latest amendment date of the Arizona Administrative Code. §1-3-140.58 is revised to reflect the change in nomenclature from Class A/B permits to Class I/II permits, as well as applicability to Class III permits. §3-1-030.16 is revised to reflect the change in nomenclature from Class A/B permits to Class I/II permits. §3-1-040.B.3.b, dealing with Class III permit applicability, is revised to correct a rule reference and a grammatical error. §3-1-050 is revised to correct the paragraph numbering and the change in nomenclature from Class A/B permits to Class I/II permits. §3-1-087 is revised to reflect the change in nomenclature from Class A/B permits to Class I/II permits. §3-1-102 is revised to reflect the change in nomenclature from Class A/B permits to Class I/II permits. §3-1-103 is revised to reflect the change in nomenclature from Class A/B permits to Class I/II permits, and to allow Class III sources the same reporting requirement relaxation that Class II sources may receive. §3-5-490.C.2 is revised to correct a grammatical error. §3-7-590, dealing with Class I permit fees, is partially renumbered to establish internal consistency. §3-7-600, dealing with Class II permit fees, is revised to correct cross references to Appendix B and §3-1-084, and to eliminate a now-irrelevant reference to inspection fees. §3-7-610, dealing with general permit fees, is revised to correct a grammatical error. §4-3-070, dealing with definitions for the construction site dust registration program, ratify the renumbering of §4-3060.C as §4-3-070, eliminate redundant definitions, correct the definition of “earthmoving activity,” and corresponding renumber the section. §4-3-080, dealing with dust registration requirements, ratify the renumbering of §4-3-060.D as §4-3-080, and correct a typographical error. §4-3-090, dealing with dust registration requirements, correct a mis-spelling and correct and ratify the renumbering of §4-3-060.E as §4-3-090. §8-1-060 is revised to address dates in the 21st century, rather than the 20th century. Volume 10, Issue 51 Page 5102 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Appendix B, Section E, dealing with Class II Non-Title V fees, is revised to provide reference links pertaining to small and medium spray operations. Appendix B, Section F, dealing with Class III fees, is revised to clarify applicability to Class III fees, and to provide a cross-reference to relevant definitions and applicability rules pertaining to Class III sources. C. There were no specific studies relied upon to justify the proposed changes. D. Economic, small business and consumer impact statement A significant portion of the proposed revisions are ministerial revisions of form rather than substantive in nature, adopted with the objective making these rules internally consistent and readily understandable. As such, the changes should reduce, rather than increase, burdens on affected businesses, consumers and county staff. Given the “at least as stringent” mandate of A.R.S. §49-479, the District has not attempted to assess any added costs associated with the conforming changes discussed in 1.B.3 above. Specific rules worthy of mention as reducing burdens include: Revision of §1-3-140.89 as discussed in 1.B.3 above, regarding the change in definition of non-precursor compound. Revision of §3-1-040 as discussed in 1.B.2.a above, allowing an additional source category to be regulated as a Class III rather than a Class II source. That will lower the permit cost for that source category. Clarification of §3-7-590 and Appendix B, as discussed in 1.B.2.b above, clarifying that certain fugitive emissions are not subject to emission fees, which will reduce fees for affected facilities. E. In accord with A.R.S. §49-471.07(F), the proposed changes took effect upon approval by the Board of Supervisors. F. Compliance With the Fee-limitations of A.R.S. §49-112 (A) or (B). Based on information and belief, the Director of the Pinal County Air Quality Control District affirms the following: 1. Initially, the total of the fees and other charges currently assessed in connection with the administration of the County's air quality program do not now equal the cost of program administration. To the extent that both the County and ADEQ impose parallel fees, the County's fees are capped by rule at ADEQ's rates, which implicitly affirms that the County's fees are reasonable. To the extent the County's program affects certain sources that ADEQ either does not regulate or does not charge, these proposed changes do not impose any additional fees on those sources. 2. Based on a review of the operating costs of the Pinal County Air Quality Control District, and any reasonable projection of total of revenues resulting from the fees and other charges that would be assessed under any or all of the rule revisions proposed above, the Control Officer finds that there is no real risk that revenues will exceed the cost of program administration. The continuing fee-cap, defined by ADEQ's fee rates, continues to implicitly assure the reasonableness of the County's fees for Class I and Class II sources. With respect to Class III sources, sources affected by a dust registration requirement, and open burning permit fees, the Control Officer finds that projected revenues from existing fees reasonably reflect the anticipated costs of administering those programs. Thus, implementation of any or all of the rule changes proposed above will still not violate the fee-limitations of either A.R.S. §§49-112(A)(3) or 49-112(B). G. A Notice of Proposed Rulemaking for this action was published at 10 A.A.R. 3667, September 3, 2004. H. Concise Explanatory Statement in Accord with A.R.S. §49-471.05(9). 1. As proposed for final adoption by the Board of Supervisors, the only change to the revision proposal as published in the AAR Notice constituted a separation of the proposal into two resolutions. One resolution dealt specifically with changes to the open burning rules, including the SIP-inclusion of the rule as revised. The second resolution addressed all other changes, including the creation of a special permit applicability provision and corresponding fee classification for the Oracle Fire Department's wood waste incinerator. That “change” constituted a mere matter of form, and does not represent any substantive change from the proposed revisions as published in the AAR Notice. 2. Summaries of the arguments for or against the rule revisions, and a corresponding response, follow. The summaries respectively address the changes proposed in the two resolutions presented for consideration by the Board of Supervisors: A. Open Burning Rules - Resolution No. 102704-AQ1 At the Oral Proceeding, only one commenter raised questions pertaining to the proposed open burning rule revisions. • Comment The only current substantive revision to the open burning rules involves addition of an option to identify “emission December 17, 2004 Page 5103 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 reduction techniques” when completing an open burning permit application form. Mr. Brian Betcher from the Midway Stanfield Irrigation and Drainage District asked for confirmation of his understanding that large-scale agricultural permits would essentially be unaffected by this proposal. Mr. Betcher also asked whether “emission reduction techniques” would be obligatory, and whether there was a defined list of “emission reduction techniques” already available. • Response Mr. Gabrielson indicated that the County was following ADEQ's lead, and the designation of “emission reduction techniques” would be permissive, not mandatory. Mr. Gabrielson also indicated that Pinal County would investigate what “emission reduction techniques” might be available, and provide a public disclosure of that information. Mr. Gabrielson also noted that there might not be a lot of techniques that would pertain to reducing emissions when using fire to remove relatively sparse vegetation along ditch banks. However, that investigation and disclosure will both constitute administrative actions that do not affect this ruleadoption proceeding. B. Other Rule Changes - Resolution No. 102704-AQ2 1. Fee Reduction for Publicly-operated, Non-profit Wood-waste Incinerators • Comments Under Pinal County rules, incinerators have been specifically subject to permit requirement since at least 1975. Under current rules, a wood-waste incinerator of any size would require a Class II permit, with a corresponding annual fee of $3,250. Based on concerns raised in the Oracle area, the current revision proposals included creation of a special permit classification for publicly operated, non-profit wood-waste incinerators, provided that permit-allowed emissions do not exceed 90% of the major source threshold for any pollutant. That special classification designates such a source as a Class III source, which also allows for a total annual fee of $250. That fee represents a 92% reduction relative to the fee under the existing rules. Six written comments, signed by ten different individuals, were received, all pertaining to “excessive permit fees.” One writer asked for “reducing excessive permit fees,” which seems to support the proposal to create the special classification under this proposal. One writer asked concurred in a reduction to a $250 fee, but additionally asked that that reduced fee be offset by using other open burning fees to pay for the Oracle Fire Department permit. Four letters, reflecting the thoughts of seven writers, simply objected to any fee, and asked that the fees be waived for the Oracle Fire Department. In addition, at the Oral Proceeding, Pat Hardin, Jean Schricker and Joe Corona all commented on the difficulty and high cost associated with trying to dispose of trees and brush as solid waste. Mr. Brian Betcher asked if there might be a way for the Oracle Fire Department to provide in-kind services to the county that would provide an offset for any permit fee. Mr. Ole Solberg objected to the reduction of the fee to the $250 level, noting that in view of the relatively high emissions allowed and the fees charged to other permit holders in the county, such a fee reduction was not fair to those other businesses that pay higher fees to emit less. • Response Mr. Gabrielson noted that the proposed $250 fee reflected the lowest fee that was available to any of the other sources regulated under the county's industrial permit program. In response to Mr. Gabrielson's question, Mr. Southard explained that the Oracle Fire Department has an annual budget on the order of $400,000. Chief Ortiz indicated that there are about 1700 taxpayers in the district. The annual levy falls between $1.69 and $2.25 per hundred dollars of assessed valuation, which is well below the $3.00 per hundred statutory limitation. Mr. Gabrielson observed that even if an air quality permit and testing cost $2000 per year, that would only average Volume 10, Issue 51 Page 5104 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 out to about $1.00 per taxpayer. At $1000 per year, that would only be about $0.50 per taxpayer. Mr. Corona concurred that $0.50 or $1.00 per year would not be too much to pay. Ms. Hardin also concurred. Mr. Southard acknowledged that the permit fee really wasn't objectionable. Notwithstanding the apparent modest per capita cost, as a matter of principle, Chief Ortiz continued to object to the Oracle Fire Department having to pay any fee. Based on the comments received, the District does not recommend any change in the proposal, for the following reasons: • Since at least 1975, all incinerators in Pinal County have been subject to a permit requirement. See PCAQCD Rule §3-1-040.B.2.a.vi (2/11/04); PGCAQCD Reg. 7-1-2.1 (3/31/75). • ARS §49-480.D.2 requires that for such a source, “the board of supervisors shall determine a permit fee based on all reasonable direct and indirect costs required to administer the permit,” and that the “board of supervisors shall establish an annual inspection fee, not to exceed the average cost of services.” • Since the “direct and indirect costs” associated with permits include not only processing an application and inspecting the source, but monitoring, planning and compliance tracking, the relevant costs clearly exceed the “zero” cost suggested by some. • No other sources in the county have a “no cost” permit. In fact, Coolidge, Kearny and Superior have all obtained $250-per-year industrial permits to cover the small-scale burning of vegetative materials. Under those circumstances, it would be inequitable to provide the Oracle Fire Department with a complete fee waiver. • 2. While an “in kind” contribution to the county sounds interesting, PCAQCD finds that the administrative complications associated with defining and tracking a $250 “in kind” contribution would outweigh the value of any benefit actually received. Accordingly, PCAQCD recommended that the Board of Supervisors adopt the permit applicability classification change as proposed. 2. Other changes No comments were received pertaining to the other changes as proposed, and PCAQCD recommended that the Board of Supervisors adopt those other changes as proposed. The full text of the proposed changes, in underline/strike-through format, follows: 1-1-105. SIP list A. As a declaration of Board policy rather than a rule, and subject to the limitations of paragraphs B. and C. of this section, the Board of Supervisors expressly designates the following list of sections within this Code, to be presented to the Governor of Arizona for transmittal to the Administrator of the EPA with a request that they be included as elements in the Arizona SIP: 1. Chapter 1 a. Article 1.(As amended 5/14/97 and 5/27/98), except for §§1-1-105 and 1-1-107. b. Article 2 (As amended 5/14/97 and 7/12/00) except for §1-2-110. c. Article 3. (As amended 5/14/97 and 5/27/98, except for §1-3-130 and the definition in §1-3-140.81 (10/12/95) of “maximum achievable control technology.”) 2. Chapter 2 a. Article 1. (As amended 10/12/95). b. Article 2. (As amended 5/14/97). c. Article 3. (As amended 10/12/95). d. Article 4. (As amended 10/12/95). e. Article 5. (As amended 10/12/95). f. Article 6. (As amended 10/12/95). g. Article 7. (As amended 10/12/95). 3. Chapter 3 a. Article 1. (As amended 5/14/97, and 5/27/98 and 7/12/00), excluding: i. §3-1-020 December 17, 2004 Page 5105 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 ii. §§3-1-045 (2/22/95) iii. §3-1-080 iv. § and 3-1-100 (2/22/95) b. Article 2. (As amended 10/12/95, 5/27/98 and 7/29/98). c. Article 3. (As amended 10/12/95). d. Article 5. (As amended 5/27/98). e.d. Article 8. (As amended 10/12/95 and 10/27/04). 4. Chapter 4 a. Article 1. (As amended 2/22/95), except for §4-1-010. b. Article 2. (As amended 5/14/97 and 7/12/00). B. Notwithstanding the approval as elements of the SIP of those provisions of the Code identified in paragraph A of this section, those provisions, save §3-1-084 which shall be expressly exempted from the limitation of this paragraph, shall operate as elements of the SIP only insofar as they pertain to: 1. “construction,” as defined in Nov. '93 Code §1-3-140.28; or 2. “modification,” as defined in Nov. '93 Code §1-3-140.84; and C. Notwithstanding the approval as elements of the SIP of those provisions of the Code identified in paragraph A of this section, neither those provisions nor any permit conditions imposed pursuant to those provisions shall: 1. Operate as elements of the SIP insofar as they pertain to other than “conventional pollutants,” as defined in §13-140.33; 2. Operate as elements of the SIP insofar as they pertain only to a requirement arising under, or pertain to a source subject to regulation exclusively by virtue of a requirement arising under: a. §111 of the Clean Air Act; or b. Title IV of the 1990 amendments to the Clean Air Act; or c. Title VI of the 1990 amendments to the Clean Air Act; or d. Any section of this Code that is not a part of the SIP; 3. Operate as an element of the SIP, at least insofar as they impose a “fee”; 4. Operate as an element of the SIP, at least insofar as they require a “certification”; 5. Operate as an element of the SIP, at least insofar as they impose obligations pertaining to “renewals”; 6. Operate as an element of the SIP, at least insofar as they impose requirements regarding “excess emissions”; or 7. Operate as an element of the SIP, at least insofar as they impose requirements regarding “compliance plans.” D. As a renumbering and reconciliation of previously approved SIP provisions as elements of this Code, the Board of Supervisors additionally designates the following list of sections within this Code, to be presented to the Governor of Arizona for transmittal to the Administrator of the EPA with a request that they be included as elements in the Arizona SIP without operational limitation: 1. §§1-1-010.C (2/22/95) and 1-1-010.D (2/22/95) Declaration of Policy 2. Chapter 2, Article 8 (As amended 5/14/97) Visibility Limiting Standard 3. Chapter 3, Article 8 (2/22/95) Open Burning 4. [Reserved] 5. [Reserved] 6. [Reserved] 7. [Reserved] 8. [Reserved] 9. [Reserved] 10. [Reserved] 11. [Reserved] 12. §5-18-740 (2/22/95) Storage of Organic Compounds - Organic Compound Emissions 13. §5-19-800 (2/22/95) Loading of Volatile Organic Compounds - Organic Compound Emissions 14. §5-21-920 (2/22/95) Fossil Fuel Fired Industrial and Commercial Equipment Standard Applicability 15. §5-21-930 (2/22/95 and 7/12/00) Fossil Fuel Fired Industrial and Commercial Equipment Particulate Emission Standard Volume 10, Issue 51 Page 5106 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 16. §5-22-950 (2/22/95) Fossil Fuel Fired Steam Generator Standard Applicability 17. §5-22-960 (2/22/95) Fossil Fuel Fired Steam Generator Sulfur Dioxide Emission Limitation 18. §5-24-1030.F (2/22/95) Generally Applicable Federally Enforceable Minimum Standard of Performance Organic Compound Emissions 19. §5-24-1030.I (2/22/95) Generally Applicable Federally Enforceable Minimum Standard of Performance Carbon Monoxide 20. §5-24-1032 (2/22/95) Federally Enforceable Minimum Standard of Performance - Process Particulate Emissions 21. §5-24-1040 (2/22/95) Carbon Monoxide Emissions - Industrial Processes 22. §5-24-1045 (2/22/95) Sulfite Pulp Mills - Sulfur Compound Emissions 23. §5-24-1050 (2/22/95, as amended June 20, 1996) Reduced Sulfur Emissions - Default Limitation 24. §5-24-1055 (2/22/95) Pumps and Compressors - Organic Compound Emissions 1-1-107. Title V Program Content Those provisions approved by the EPA are shown in regular type; those provisions or amendments still awaiting EPA approval are shown in italicized bold. *** 2-5-160. Ambient air increment ceilings Adopted June 29, 1993 Amended February 22, 1995 Amended October 12, 1957 1995 Transition from installation and operating permit program Adopted November 3, 1993 Amended February 22, 1995 Amended May 30, 2001 Amended August 13, 2003 Appeals to the Hearing Board Adopted June 29, 1993 Amended November 3, 1993 Amended February 22, 1995 Notice by building permit agencies Adopted 1993 *** 3-1-045. *** 3-1-080. *** 3-1-085. November 3, *** December 17, 2004 Page 5107 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Permit posting Adopted June 29, 1993 Amended November 3, 1993 Amended February 22, 1995 Class II permit and inspection fees Adopted November 3, 1993 Amended February 22, 1995 Amended October 12, 1995 Amended June 20, 1996 Amended August 13, 2003 General permit fees - Class II sources Adopted February 22, 1995 Amended October 12, 1995 Amended June 20, 1996 Amended August 13, 2003 3-7-660. Hearing Board appeal fee Adopted November 3, 1993 Amended February 22, 1995 4-3-060 Emissions from Existing and New Non-Point Sources, Article 3. Construction Sites - Fugitive Dust Adopted December 13, 2000 Amended December 4, 2002 4-3-080 Registration Requirements Amended 2003 5-31-2022 Lime Manufacturing Facilities - Performance Standards Amended May 30, 2001 6-1-030 Performance Standards Adopted/amended December 3, 2003 Appendix C. Controlled Open Burning and Earthmoving Fee Schedule Amended December 13, 2000 Amended August 13, 2003 3-1-100. *** 3-7-600. *** 3-7-612. *** December 3, *** Appendix C 1-2-110. Adopted document(s) The following documents are incorporated herein by reference: Volume 10, Issue 51 Page 5108 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 1. 2. 3. 4. 5. 6. 7. The Arizona Department of Environmental Quality's “Arizona Testing Manual for Air Pollutant Emissions”, amended as of March 1992. All ASTM test methods referenced in this Code are those adopted as of the date specified. All parts of the C.F.R. referenced in this Code, unless otherwise indicated, as amended as of July 1, 1998. The U.S. Government Printing Office's “Standard Industrial Classification Manual, 1987". The following test methods and protocols as adopted by the EPA Administrator, but, unless otherwise specifically designated in a particular provision of this Code, as amended as of July 1, 1998: a. 40 CFR Part 51, Appendix M. b. 40 CFR Part 58, all appendixes. c. 40 CFR Part 60, all appendixes. d. 40 CFR Part 61, all appendixes. e. 40 CFR Part 63, all appendixes. f. 40 CFR Part 75, all appendixes. All sections of the Arizona Administrative Code expressly incorporated elsewhere in this Code, and unless expressly designated otherwise, as amended as of September 30, 1999; The following appendixes to Arizona Administrative Code, Title 18, Chapter 2, as amended as of July 1, 1996September 30, 1999: a. Appendix 9 - Monitoring Requirements. b. Appendix 10 - Evaluation of Air Quality Data. 1-3-140. Definitions Definitions used in this Code shall have the following meanings except where any narrative portion specifically indicates otherwise: *** 58. FEDERAL APPLICABLE REQUIREMENT - Any of the following as they apply to emissions units covered by a Class A I, II or B III permit (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates): a. Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act (1990) that implements the relevant requirements of the Clean Air Act (1990), including any revisions to that plan promulgated in 40 C.F.R. Part 52 (1992); b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including Parts C or D, of the Clean Air Act (1990); c. Any standard or other requirement under §111 of the Clean Air Act (1990), including §111(d); d. Any standard or other requirement under §112 of the Clean Air Act (1990), including any requirement concerning accident prevention under §112(r)(7) of the Clean Air Act (1990); e. Any standard or other requirement of the acid rain program under Title IV of the Clean Air Act (1990) or the regulations promulgated thereunder and incorporated pursuant to §3-6-565; f. Any requirements established pursuant to §504(b) or §114(a)(3) of the Clean Air Act (1990); g. Any standard or other requirement governing solid waste incineration, under §129 of the Clean Air Act (1990); h. Any standard or other requirement for consumer and commercial products, under §183(e) of the Clean Air Act (1990); i. Any standard or other requirement for tank vessels under §183(f) of the Clean Air Act (1990); j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under §328 of the Clean Air Act (1990); k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act (1990), unless the Administrator has determined that such requirements need not be contained in a Title V permit; and l. Any national ambient air quality standard or increment or visibility requirement under Part C of Title December 17, 2004 Page 5109 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 I of the Clean Air Act (1990), but only as it would apply to temporary sources permitted pursuant to §504(e) of the Clean Air Act (1990). *** 89. NON-PRECURSOR ORGANIC COMPOUND - Those organic compounds which have negligible photochemical reactivity, namely: a. Methane. b. Ethane. c. Methylene chloride (dichloromethane). d. 1,1,1-trichloroethane (methyl chloroform). e. 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113). f. Trichlorofluoromethane (CFC-11). g. Dichlorodifluoromethane (CFC-12). h. Chlorodifluoromethane (CFC-22). i. Trifluoromethane (FC-23). j. 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114). k. Chloropentafluoroethane (CFC-115). l. 1,1,1-trifluoro-2,2--dichloroethane (HCFC-123). m. 1,1,1,2-tetrafluoroethane (HFC-134A). n. 1,1-dichloro-1-fluoroethane (HCFC-141B). o. 1-chloro-1,1-difluoroethane (HCFC-142B). p. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124). q. Pentafluoroethane (HFC-125). r. 1,1,2,2-tetrafluoroethane (HFC-134). s. 1,1,1-trifluoroethane (HFC-143A). t. 1,1-difluoroethane (HFC-152A). u. perfluorocarbon compounds which fall into these classes: i. Cyclic, branched, or linear, completely fluorinated alkanes; ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; iii. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and iv. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. v. Volatile methyl siloxanes, also known as “VMS”. w.u. Parachlorobenzotriflouride, also known as “PCBTF”. v. Cyclic, branched, or linear completely methylated siloxanes. x.w. Acetone. y.x. Perchloroethylene. y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC 225ca) z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC 225cb) aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 4310mee) bb. Difluoromethane (HFC-32) cc. Ethylfluoride (HFC-161) dd. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) ee. 1,1,2,2,3-pentafluoropropane (HFC-245ca) ff. 1,1,2,3,3-pentafluoropropane (HFC-245ea) gg. 1,1,1,2,3-pentafluoropropane (HFC-245eb) hh. 1,1,1,3,3-pentafluoropropane (HFC-245fa) ii. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) jj. 1,1,1,3,3-pentafluorobutane (HFC-365mfc) kk. Chlorofluoromethane (HCFC-31) Volume 10, Issue 51 Page 5110 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 ll. 1 chloro-1-fluoroethane (HCFC-151a) mm. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) nn. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3) oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3) pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5) qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5 rr. Methyl acetate; and ss. perfluorocarbon compounds which fall into these classes: i. Cyclic, branched, or linear, completely fluorinated alkanes; ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; iii. Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and iv. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. *** 3-1-030. Definitions For the purpose of this chapter, the following definitions shall apply: *** 16. PROPOSED FINAL PERMIT - The version of a Class A I permit that the District proposes to issue and forwards to the Administrator for review in compliance with §3-1-065.A. *** 3-1-040. Applicability and classes of permits A. Except as otherwise provided in this chapter, no person shall commence construction of, operate, or make a modification to any source subject to regulation under this chapter, without first obtaining a permit or permit revision from the Control Officer. B. There shall be three classes of permits as follows: 1. Class I permits shall be required for persons proposing to commence construction of or operate any of the following sources: a. Any major source. b. Any source, including an area source, subject to a standard, limitation, or other requirement under §111 of the Clean Air Act (1990) that has been adopted as an element of this Code, provided that the obligation under this subparagraph does not extend to any source which has been exempted by the Administrator from a Title V permit requirement or for which the Administrator has allowed a deferral of a Title V permit requirement, but then only for the duration of the allowable deferral period. c. Any source, including an area source, subject to a standard or other requirement under §112 of the Clean Air Act (1990) that has been adopted as an element of this Code, provided that the obligation under this subparagraph does not extend to any source which has been exempted by the Administrator from a Title V permit requirement or for which the Administrator has allowed a deferral of a Title V permit requirement, but then only for the duration of the allowable deferral period, and further provided that a source is not required to obtain a permit solely because it is subject to regulations or requirements under §112(r) of the Clean Air Act (1990). d. An affected source. e. Solid waste incineration units required to obtain a permit pursuant to §129(e) of the Clean Air Act (1990). f. Any source in a source category designated by the Administrator and adopted by the Control Officer by rule. 2. Unless a Class I permit is required, Class II permits shall be required for: a. A person to commence construction of or operate any of the following: December 17, 2004 Page 5111 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 i. Any source that has the potential to emit greater than de minimis amounts of regulated air pollutants. ii. Any source, including an area source, subject to a standard, limitation, or other requirement under §111 of the Clean Air Act (1990). iii. Any source, including an area source, subject to a standard or other requirement under §112 of the Clean Air Act (1990), further provided that a source is not required to obtain a permit solely because it is subject to regulations or requirements under §112(r) of the Clean Air Act (1990). iv. Any source subject to a standard of performance under Chapter 5 of this Code. v. Any source burning used oil, used oil fuel, hazardous waste or hazardous waste fuel. vi. Incinerators. vii. Fuel burning equipment, other than incinerators, fired with a fuel other than commercial natural gas or propane, and rated at more than 500,000 Btu per hour. viii. Fuel burning equipment fired with commercial natural gas or propane, and rated at more than 2,500,000 BTU per hour. b. A person to make a modification to a source which would cause it to emit, or have the potential to emit, quantities of regulated air pollutants greater than those specified in Paragraph a.i. of this subdivision, unless such modification is authorized by other provisions of this Code. 3. A Class III or “minor screening” permit shall be required for: a. Facilities or sources that require a permit under Code §3-1-040, but which do not have an uncontrolled potential to emit that exceeds the significant emissions rates defined in §1-3-140.121. b. Facilities or sources that have an uncontrolled potential to emit in excess of the “de minimis” amount of emissions as defined in §3-1-140(37) §1-3-140(37) but do not qualify for the requirements of a Class I or Class II permits as defined in §3-1-040.B (1) and (2). 4. Notwithstanding any other applicability provision of this rule, a political subdivision of the State of Arizona that operates a small municipal waste incinerator, that does not charge a fee for disposing of materials, that allows burning only clean wood and yard waste, that obtains an enforceable permit limiting emissions to not more than 90% of any relevant major source threshold, and that complies with all applicable standards under both Code Chapter 5 and Clean Air Act Sections 111 or 112, shall be entitled to elect fee-treatment as a Class III source. C. Exemptions 1. Unless the source is a major source, or unless operation without a permit would result in a violation of the Clean Air Act (1990), the provisions of this chapter shall not apply to the following sources: a. Sources subject to 40 CFR Part 60, Subpart AAA, “Standards of Performance for New Residential Wood Heaters”. b. Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR §61.145. c. Agricultural equipment used in normal farm operations. “Agricultural equipment used in normal farm operations” does not include equipment that would be classified as a source that would require a permit under Title V of the Clean Air Act (1990), or would be subject to a standard under 40 CFR Parts 60 or 61, or any other applicable requirement. D. No person may construct or reconstruct any major source of hazardous air pollutants, unless the control officer determines that maximum achievable control technology limitation (MACT) for new sources under section 112 of the Act will be met. Where MACT has not been established by the Administrator, such determination shall be made on a case-by-case basis pursuant to 40 CFR §§63.40 through 63.44, as incorporated by reference in Code §7-1-030.B. For purposes of this subsection, constructing and reconstructing a major source shall have the meanings prescribed in 40 CFR §63.41. 3-1-050. Permit application requirements A. Unless otherwise noted, this section applies to each source requiring a Class I or II permit or permit revision. B. To apply for a Class I permit, applicants shall complete the “Permit Application Form” and supply all information required by the “Filing Instructions” as shown in Appendix A. Volume 10, Issue 51 Page 5112 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 C. Unless otherwise required by §3-1-045, a timely application is: 1. For a source, other than a major source, applying for a permit for the first time, one that is submitted within 12 months after the source becomes subject to the permit program. 2. [sic] For an existing source that is initially not required to obtain a Class A I permit but becomes subject to Class A I permit applicability criteria, one that is submitted within 12 months after the source becomes subject to obtaining a Class A I permit. 3. For purposes of a Class I permit renewal, a timely application is one that is submitted at least 6 months, but not greater than 18 months prior to the date of permit expiration. 4. For purposes of a Class II permit renewal, a timely application is one that is submitted at least 3 months, but not greater than 12 months prior to the date of permit expiration. 5. For initial Phase II acid rain permits required pursuant to §3-6-565, one that is submitted to the Control Officer by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. 5. [sic]6. Any existing source which becomes subject to a standard promulgated by the Administrator pursuant to §112(d) of the Clean Air Act (1990) shall, within twelve months of the date on which the standard is promulgated, submit an application for a permit revision demonstrating how the source will comply with the standard. D. If an applicable implementation plan allows the determination of an alternate emission limit, a source may, in its application, propose an emission limit that is equivalent to the emission limit otherwise applicable to the source under the applicable implementation plan. The source shall also demonstrate that the equivalent limit is quantifiable, accountable, enforceable and subject to replicable compliance determination procedures. E. Permit applications need not provide emissions data regarding insignificant activities. Activities which are insignificant pursuant to §1-3-140 need only be listed in Class I permit applications. F. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emission cap 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 that ensure the emissions trades are quantifiable and enforceable. G. A source that has submitted information with a Class I permit application under a claim of confidentiality pursuant to A.R.S. §49-487 (1992) and §3-1-120 of this Code shall submit a copy of such claim and such information directly to the Administrator. H. 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 information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a proposed permit. 3-1-087. Permit reopenings, reissuance and termination A. Reopening for Cause 1. Each issued permit shall include provisions specifying the conditions under which the permit shall be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances: a. Additional applicable requirements under the Clean Air Act (1990) 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 §3-1-089.C. Any permit revision required pursuant to this section shall comply with provisions in §3-1-089 for permit renewal and shall reset the permit term. b. Additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the Class A I permit. c. 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. December 17, 2004 Page 5113 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 d. The Control Officer or the Administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements. 2. 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 affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable. 3. Reopenings under Subdivision A.1. of 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. 4. When a permit is reopened and revised pursuant to this section, the Control Officer may make appropriate revisions to the permit shield established pursuant to §3-1-102. B. Within 10 days of receipt of notice from the Administrator that cause exists to reopen a Class A I permit, the Control Officer shall notify the source. The source shall have 30 days to respond. 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 and the source a proposed determination of termination, revision, revocation or reissuance of the permit. Within 90 days of an EPA objection to the Control Officer's proposal, the Control Officer shall resolve the objection and act on the permit. 3-1-102. Permit shields A. Each Class A I or B II permit issued under this chapter shall specifically identify all federal, State, and local air pollution control requirements applicable to the source at the time the permit is issued. The permit shall state that compliance with the conditions of the permit shall be deemed compliance with any applicable requirement as of the date of permit issuance, provided that such applicable requirements are included and expressly identified in the permit. The Control Officer may include in a permit determinations that other requirements specifically identified are not applicable. Any permit under this chapter that does not expressly state that a permit shield exists shall not provide such a shield. B. Nothing in this section or in any permit shall alter or affect the following: 1. The provisions of §303 of the Clean Air Act (1990) (emergency orders), including the authority of the Administrator under that section. 2. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance. 3. The applicable requirements of the acid rain program, consistent with §408(a) of the Clean Air Act (1990). 4. The ability of the Administrator or the Control Officer to obtain information from a source pursuant to §114 of the Clean Air Act (1990), or any provision of state law. 5. The authority of the Control Officer to require compliance with new applicable requirements adopted after the permit is issued. C. In addition to the provisions of §3-1-087, a permit may be reopened by the Control Officer and the permit shield revised when it is determined that standards or conditions in the permit are based on incorrect information provided by the applicant. 3-1-103. Annual emissions inventory questionnaire A. Every source subject to a permit requirement under this chapter, or who obtains an authorization to operate under this chapter, shall complete and submit to the Control Officer an annual emissions inventory questionnaire. The questionnaire is due by March 31 or ninety days after the Control Officer makes the inventory form available, whichever occurs later, and shall include emission information for the previous calendar year. These requirements apply whether or not a permit has been issued and whether or not a permit application has been filed. B. The questionnaire shall be on a form provided by the Control Officer and shall include the following information: 1. The source's name, description, mailing address, contact person and contact person phone number, and physical address and location, if different than the mailing address. 2. Process information for the source, including design capacity, operations schedule, and emissions control devices, their description and efficiencies. 3. The actual annual quantity of emissions, including documentation of the method of measurement, calculation or estimation, of: a. Any single regulated air pollutant in a quantity greater than one ton. b. Any combination of regulated air pollutants in a quantity greater than 2 1/2 tons. Volume 10, Issue 51 Page 5114 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 C. The Control Officer may waive a requirement that specific information or data be submitted in the annual emissions inventory questionnaire for sources requiring Class B II or Class III permits if the Control Officer determines that the submission or data would be unnecessary or unreasonable for a particular source or category of sources and instead may require alternative information from which emissions may be determined. 3-5-490. Application for coverage under general permit A. Any source within the jurisdiction of the District, which source is a member of the class of facilities covered by a general permit issued by the ADEQ Director, may apply to the Control Officer for authority to operate under such general permit. Applicants shall complete and submit the specific application form adopted by the ADEQ Director in conjunction with the issuance of the general permit, or if none has been adopted, the standard application form contained in Appendix A. to this Code. Any application shall, at a minimum, include the following: 1. Information identifying and describing the source, its processes and operating conditions in sufficient detail to allow the Control Officer to determine qualification for coverage under, and to assure compliance with, the general permit. 2. A compliance plan that meets the requirements of §3-1-083. B. For sources required to obtain a permit under Title V of the Clean Air Act (1990), the Control Officer shall provide the Administrator with a permit application summary 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. C. The Control Officer shall act on the application for coverage under the general permit as expeditiously as possible, but a final decision shall be reached within 180 days. 1. Subject to the requirements of §3-1-089.C, an existing source that has filed a timely and complete application seeking coverage under a general permit, either as a renewal of authorization under the general permit or as an alternative to renewing an individual permit shall continue to comply with the terms and conditions of the permit under which it is operating, even if that permit expires, until the Control Officer issues or denies the authorization to operate under the general permit. The authority to operate under this subsection shall terminate 180 days after the application is filed if the Control Officer is unable to reach a timely final decision on the application due to the applicant's failure to submit information required or requested to process the application. 2. If the application from an existing source seeking coverage as an alternative to renewing an individual permit is denied, the source shall continue to comply with the terms and conditions of its individual source permit. The source shall apply for an individual permit within 180 days of receipt of notification from the Control Officer that coverage under the general permit has been denied. Provided that a timely and complete complete individual permit application is filed in accordance with §§3-1-050 and 3-1-055, prior to the expiration of the source's current individual permit and within 180 days of receipt of notification that it must apply for an individual permit, the source shall retain authority to continue operations. The Control Officer may defer acting on an application under this subsection if the ADEQ Director has provided notice of intent to renew or not renew the permit. 3-7-580. Application filing deposit fee for new sources A deposit fee for processing a Class I or, Class II or Class III permit application shall be assessed upon receipt of the application. The fee shall be not less than $500.00 and shall not exceed $4000.00 for new sources required to obtain a Class I permit pursuant to §3-1-040.B.1. For new sources required to obtain a Class II permit pursuant to §3-1-040.B.2., the fee shall be not less than $100.00 and shall not exceed $500.00. For a Class III application, the filing deposit for a new source shall be $100.00. The application filing deposit fee shall be based on the estimated time to process the application of a Class I or Class II permit and shall be credited to against the permit processing fee, reflecting the amount due for the total actual time spent on processing the application. For a Class III source, the deposit shall be credited against the initial administrative fee. All application filing deposit fees required by this section shall be nonrefundable. 3-7-590. Class I permit fees A. For a billable permit action, Class I sources shall pay a permit processing fee as defined in Appendix B, Section B. For a significant revision, the maximum permit processing fee shall be $25,000. For a minor permit revision, the maximum permit processing fee shall be $10,000. B. Beginning on the anniversary date of the initial permit issuance, Class I sources shall annually pay an administrative fee and an emission-based fee as defined in Appendix B, Section C. For fee purposes, actual emissions shall be quantified on December 17, 2004 Page 5115 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 C. the basis of subsection C of this rule. For purposes of this rule,: a. Actual actual emissions means the actual quantity of regulated pollutants emitted, including fugitive emissions, over the calendar year ending immediately prior to the date on which the annual fee is calculated, or any other period determined by the Control Officer to be representative of normal source operations, determined as follows: 1. Emissions quantities reported pursuant to §3-1-103, or pursuant to an emissions inventory required prior to the effective date of §3-1-103, shall be used for purposes of calculating the permit fee to the extent they are calculated in a manner consistent with this paragraph. Acceptable methods for calculating actual emissions pursuant to §3-1-103 include the following: a. Emissions estimates calculated from continuous emissions monitors certified pursuant to 40 C.F.R. Part 75, Subpart C and referenced appendices, as published in the Federal Register on January 11, 1993 which is incorporated herein by reference, and is on file with the District, or data quality assured pursuant to Appendix F of 40 C.F.R. Part 60. b. Emissions estimates calculated from source performance test data. c. Emissions estimates calculated from material balance using engineering knowledge of process. d. Emissions estimates calculated using AP-42 emissions factors. e. Emissions estimates 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 method in Subparagraphs a. through d. of this paragraph. 2. Actual emissions shall be determined for each source on the basis of actual operating hours, production rates, in-place process control equipment, operational process control data, and types of materials processed, stored, or combusted. 3. The first annual permit fee for new Class I sources that have not been required to report emission quantities pursuant to §3-1-103 shall be based on the emissions estimate listed in the permit application. b.4. For purposes of this section, regulated pollutants consist of the following: 1.a. Nitrogen oxides or any volatile organic compounds. 2.b. Conventional air pollutants, except carbon monoxide. 3.c. Any pollutant that is subject to any standard promulgated under §111 of the Clean Air Act (1990), including fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur and reduced sulfur compounds. 4.d. Any federally listed hazardous air pollutant that is subject to a standard promulgated by the Administrator under §112 of the Clean Air Act (1990) or other requirement established under §112 of the Clean Air Act (1990), including §§112(g) and (j) of the Clean Air Act (1990). Federally listed hazardous air pollutants subject to requirements established under §112 of the Clean Air Act (1990) include the following: a.i. Any pollutant subject to requirements under §112(j) of the Clean Air Act (1990). If the Administrator fails to promulgate a standard by the date established pursuant to §112(e) of the Clean Air Act (1990), any pollutant for which a source would be considered major under §112(a)(1) of the Clean Air Act (1990) shall be considered to be regulated on the date eighteen months after the applicable date established pursuant to §112(e) of the Clean Air Act (1990). b.ii. Any pollutant for which the requirements of §112(g)(2) of the Clean Air Act (1990) have been met, but only with respect to the individual source subject to §112(g)(2) requirements. c.5. The following emissions of regulated pollutants shall be excluded from a source's actual emissions for purposes of setting fees: 1.a. Emissions of a regulated pollutant from the source in excess of 4,000 tons per year. 2.b. Emissions of any regulated pollutant 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. 3.c. Emissions from insignificant activities excluded from the permit for the source pursuant to §3-1-050.E. d. Fugitive emissions of PM10 from activities other than crushing, belt transfers, screening or stacking. e. Volume 10, Issue 51 Fugitive emissions of VOC from solution-extraction units. Page 5116 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 D. Each Class I source applying for a permit revision pursuant to §§3-2-190 or 3-2-195 shall remit to the District at the time the request or application is submitted, a fee deposit as follows: 1. $10,000.00 for a significant permit revision that is a result of a major modification. 2. $1000.00 for any other significant permit revision not covered in Subsection 1 above. 3. $500.00 for a minor permit revision. E. Notwithstanding any other provision of this section, the combination of fees payable annually to the District by a Class I source, shall not exceed 100% of the administrative fees, annual emissions fees, annual inspection fees, or annual test fees, for which the source would be liable if subject to regulation by ADEQ. 3-7-600. Class II permit and inspection fees A. For a billable permit action, Class II sources shall pay a permit processing fee as defined in Appendix B, Section B. The maximum permit processing fee shall not exceed $25,000, and for a minor permit revision, the maximum permit processing fee shall not exceed $10,000. B. Beginning on the anniversary date of initial permit issuance, and annually thereafter, Class II sources shall pay an administrative fee as defined in Appendix B, Sections C, D, and E. 1. Class II Title V sources shall pay an administrative fee as defined in Appendix B, Section C D. Class II Title V sources shall include those sources that do require a permit but do not require a Class I permit, and are actually regulated under a standard promulgated under §§111 or 112 of the CAA. 2. Other Class II sources, also known as Class II Non-Title V sources, shall pay an administrative fee as defined in Appendix B, Section D. Section E. 3. As provided in Appendix B, Section C and D, Class II “synthetic minor sources” shall pay an administrative fee as defined in Appendix B, Section B C. For purposes of this fee rule requirement, “synthetic minor sources” shall include only those source that have accepted voluntary permit limitations under §2-1-084 §3-1-084, and have permit-allowable emissions that exceed 50% of the major source threshold for at least one regulated pollutant. C. Notwithstanding any other provision of this section, the total annual administrative fee for a Class II source shall not exceed 100% of the fees that would apply if the source was subject to regulation by ADEQ. 3-7-610. General permit fees - Class I and Class II sources A. Permit Processing Fee. The owner or operator of a source that falls subject to a county jurisdiction and applies for authority to operate under a general permit shall pay to the District $500 with the submittal of the application. This fee applies to the owner or operator of any source who intends to continue operating under the authority of a general permit that has been proposed for renewal. B. Administrative Fee. The owner or operator of a source subject to county jurisdiction and having authority to operate under a general permit shall pay, of each calendar year, the applicable administrative fee from the table below, by March 31, or 60 days after the Control Officer mails the invoice, whichever is later. General Permit Source Category Administrative Fee 1. Class I Title V General Permits Administrative Fee from Appendix B, Section C 2. Class II Title V Small Source $500.00 3. Other Class II Title V General Permits Administrative fee of $3,000.00 4. Class II Non-Title V Gasoline Service Station $500.00 5. Class II Non-Title V Crematories $1,000.00 6. Other Class II Non-Title V General Permits $2,000.00 3-8-700. General provisions A. Applicability General Prohibition. 1. General Prohibition Notwithstanding the provisions of any other rule in this Chapter, and subject to the exemptions set forth in this section, it is unlawful for any person to ignite, cause to be ignited, permit to be ignited, or suffer, allow or maintain any open outdoor fire. 2. Conditional Statutory Exemptions Provided a public officer, as defined in the subsections below, gives permission in writing for a fire, and immediately transmits a copy of such written permission to the Director of the Department of Environmental Quality and to the December 17, 2004 Page 5117 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 B. Control Officer, and further provided that the setting of any such fire shall be conducted in a manner and at such time as approved by the Control Officer, unless doing so would defeat the purpose of the exemption, the following fires are exempt from this Article: a. Any fire set or permitted by any public officer in the performance of official duty, if such fire is set or permission given for the purpose of weed abatement, the prevention of a fire hazard, or instruction in the methods of fighting fires. b. Fires set by or permitted by the state entomologist or county agricultural agents of the county for the purpose of disease and pest prevention. c. Fires set by or permitted by the state or any of its agencies, departments or political subdivisions, for the purpose of watershed rehabilitation or control through vegetative manipulation. 3. Other Statutory Exemptions The following fires are exempt from regulation under this Article: a. Fires used only for cooking of food or for providing warmth for human beings or for recreational purposes or the branding of animals. For purposes of this exemption, a “recreational purpose” fire is an outdoor fire, which burns material other than household waste or prohibited materials, and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height. b. Fires set by or permitted by the federal government or any of its departments, agencies or agents. 4. Regulatory Exemptions For the purposes of this rule and article, the following shall neither be regarded as nor deemed open burning: a. The subterranean detonation of explosives. b. The display of fireworks for recreational purposes or pyrotechnics for musical or cinematic/theatrical functions, provided any person detonating such fireworks or pyrotechnics has a permit approved by the Pinal County Board of Supervisors c. Fires for the ceremonial destruction of flags. 5. Default Emission Rate Assumption Unless specifically authorized under the preceding definitions of permit-authorized fires, fires set for the disposal of materials shall be presumed to have a potential to emit greater than “de minimis amounts” of regulated air pollutants and shall require a stationary source permit as specified under §3-1-040. Definitions. “Agricultural Burning” means burning of vegetative materials related to the production and harvesting of crops and raising of animals for the purpose of marketing for a profit, or providing a livelihood, but not including the burning of household waste or prohibited materials. Burning may be conducted in fields, piles, ditch banks, fence rows, or canal laterals for purposes such as weed control, disease and pest prevention, or site preparation. “Air curtain destructor” means an incineration device which operates by forcefully projecting a curtain of air across an open chamber or open pit in which combustion occurs. “Approved waste burner” means an incinerator constructed of fire resistant material with a top cover or screen, which is closed when in use having opening in the sides or top no greater than one inch in diameter. “Class I Area” means any one of the Arizona mandatory Federal Class I Areas defined in A.R.S. §49-401.01. “Control Officer” has the same meaning as in A.R.S. §49-471. “Date of Issuance” the actual date that the open burning application is signed by the Control Officer or his/her representative. “Dangerous material” is 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 safe and controlled manner. “Delegated authority” means any of the following: 1. A county, city, town, air pollution control district, or fire district that has been delegated authority to issue open burning permits by the Director under A.R.S. §49-501(E); or 2. A private fire protection service provider that has been assigned authority to issue open burning permits by one of the authorities listed in the preceding subsection of this definition (a). “De Minimis amount” is the lesser of: the potential of a source to emit 1 ton per year of any air pollutant; or the potential of a source to emit 5.5 lbs/day of any air pollutant. Volume 10, Issue 51 Page 5118 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 “Director” means the Director of the Department of Environmental Quality, or his/her designee. “Effective date of Permit” is the actual date that open burning operations may commence, which will be no later than 3 10 days after the “Date of Issuance.” “Emission reduction techniques” are techniques for controlling emissions from open outdoor fires to minimize the amount of emissions output per unit or of area burned. “Household waste” means any solid waste including garbage, rubbish and sanitary waste from septic tanks that is generated from households including single and multiple family residences, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreational areas, not including construction debris, landscaping rubble or demolition debris. “Open outdoor fire”, as used in this rule, means any combustion of combustible material of any type outdoors, in the open where the products of combustion are not directed through a flue. “Flue”, as used in this rule, means any duct or passage for air, gases or the like, such as a stack or chimney. Open outdoor fires can include agricultural, residential, commercial, 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. “Prescribed burning” means the burning of vegetative material in predominantly undeveloped land to improve forested, open range or watershed condition. “Prohibited materials” means nonpaper garbage from the processing, storage, service, or consumption of food; chemically treated wood; tires; explosives or ammunition; oleanders; asphalt shingles; 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, or arsenic compounds. “Residential burning” means open burning of vegetative materials that is generated only from that property and conducted by or for the occupants of residential dwellings, but does not include the burning of household waste or prohibited materials. C. The following fires are excepted from the provisions of this rule: 1. Fires used only for cooking of food or for providing warmth for human beings or for recreational purposes or the branding of animals. A Recreational purpose fire is an outdoor fire, which burns material other than household waste or prohibited materials. The fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet (914 millimeters) or less in diameter and 2 feet (710 millimeters) or less in height for religious (sweat lodges), ceremonial (flag burning), cooking, or warmth. 2. Any fire set or permitted by any public officer in the performance of official duty, if such fire is set or permission given for the purpose of weed abatement, the prevention of a fire hazard, or instruction in the methods of fighting fires. 3. Fires set by or permitted by the state entomologist or county agricultural agents of the county for the purpose of disease and pest prevention. 4. Fires set by or permitted by the federal government or any of its departments, agencies or agents. 5. Fires set by or permitted by the state or any of its agencies, departments or political subdivisions, for the purpose of watershed rehabilitation or control through vegetative manipulation. D. Required notifications. Permission for the setting of any fire given by a public officer in the performance of official duty under paragraphs (2), (3), or (5) of subsection (C) shall be given in writing, and a copy of such written permission shall be transmitted immediately to the Director of the Department of Environmental Quality and to the Control Officer. The setting of any such fire shall be conducted in a manner and at such time as approved by the Control Officer, unless doing so would defeat the purpose of the exemption. E.C. Permit-authorized fires. Provided a permit is first obtained from the Control Officer, no prohibited wastes or household wastes are burned unless otherwise specified, and a site map of the burn site is provided, the following fires are allowed under this Section: December 17, 2004 Page 5119 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 1. Permitted residential fires: a. Generally Allowable Combustible Materials: Residential fires set for the disposal of leaves, lawn clippings, tree trimmings and other horticultural waste, provided that no materials that generate toxic fumes, such as oleander leaves or branches, may be burned. Residential burning must be conducted on a single contiguous property designed for and used exclusively as a private residence. b. Conditional Approval to Burn Domestic Household Waste Fires set in an approved waste burner for the disposal of those portions of domestic household waste generated at a private residence, when the waste is generated from that property. Such fires are allowed: i. On on farms and ranches of 40 acres or more where no refuse collection and disposal service is available; or ii. For or fires set for household waste generated on-site, where no household waste collection and disposal service is available, and where the nearest other dwelling unit is at least 500 feet away. Unless a permit is specifically endorsed by the Control Officer to verify that waste pickup service is not available, and to expressly allow burning of domestic household waste, burning of such waste is PROHIBITED. c. Small Scale Residential Permit: Under a “small scale” residential open burning permit, the quantity of material that may be burned during the one-month permit shall not exceed 10 cubic yards of non-compacted material. A “small scale” residential permit may be renewed on a month-to-month basis, without limitation. d. Large Scale Residential permit: Under a “large scale” residential open burning permit, the quantity of material that may be burned during the one-month permit term shall not exceed 20 cubic yards of non-compacted material. A “large scale” residential permit may only be issued for a single location, defined by an assessor's parcel number, twice in a calendar year. e. Other Residential Fires: Residential fires involving volumes of material or frequencies beyond that specified in subsection (E)(1) shall be presumed to have a potential to emit air pollutants in excess of the “de minimis amount,” and shall require a Class II permit in accordance with the provisions in §3-1-040.B.2. i. 2. Permitted commercial fires: a. Generally Allowable Combustible Materials: Commercial Fires may be set for the disposal of leaves, lawn clippings, tree trimmings and other horticultural waste, provided that no materials that generate toxic fumes, such as oleander leaves or branches, may be burned. Commercial burning must be conducted on a single contiguous property designed for and used exclusively as a single business. b. Small Scale Commercial Permit: Under a “small scale” commercial open burning permit, the quantity of material that may be burned during the one-month permit term shall not exceed 10 cubic yards of non-compacted material. A “small scale” commercial permit may be renewed on a month-to-month basis, without limitation. c. Large Scale Commercial Permit: Under “large scale” commercial open burning permit, the quantity of material that may be burned during the one-month permit term shall not exceed 20 cubic yards of non-compacted material. A “large scale” commercial permit may only be issued for a single location, defined by assessor's parcel number, twice in a calendar year. d. Commercial Land Clearing Permit: 1. Open burning activities which include one-time land-clearing operations that involve non-compacted vegetative materials greater than those allowed above in section 2.a. through 2.c. 2. and Land clearing burns may be authorized by written permission from the Control Officer is if the burning will not adversely affect public health or safety, and will not cause or contribute to a nuisance, traffic hazard, or a to a violation of any air quality standard. (a) The applicant shall submit a non-refundable application fee, as specified in Appendix C. (b) The applicant shall also pay an additional non-refundable per-acre fee, as also specified in Appendix C. iii.3. Authorization for the land clearing burn may be revoked by the Control Officer if the burning causes nuisance conditions, is not conducted in accordance with the specified conditions, violates any provision of an applicable permit, or causes a violation of any air quality standard. iv.4. If the permittee wishes to use an air curtain destructor for land clearing, such device should be operated pursuant to Volume 10, Issue 51 Page 5120 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 the manufacturer's specifications and the following limitations: (a) Air curtain destructors shall not be operated closer than 500 feet from the nearest dwelling. (b) Air curtain destructors must also comply with the applicable requirements of 40 C.F.R. Section 60.2245 to 60.2260. e. Other Commercial Fires: Commercial fires involving volumes of material or frequencies beyond that specified in subsection 2. above shall be presumed to have a potential to emit air pollutants in excess of the “de minimis amount,” and shall require a Class II permit in accordance with the provisions of §3-1-040.B.2. 3. Permitted agricultural fires: a. Fires set for weed control or abatement, clearing fields or ditches of vegetation, or the disposal of other naturally grown products of horticulture, provided that no materials that generate toxic fumes, such as oleander leaves or branches, may be burned. 4. Permitted training exercise fires (non-governmental agencies/companies): Fires set for the instruction of fire fighting methods. 5. Permitted building-demolition, or building-material demolition, fires: Fires set for the disposal of abandoned buildings or building materials, provided that no such permit shall be issued until after an on-site inspection by the District. Building demolition burns may be authorized by written permission from the Control Officer if there is no practical alternative, and if the burning will not adversely affect public health or safety, and will not cause or contribute to a nuisance, traffic hazard, or to a violation of any air quality standard. (a) The applicant shall submit a non-refundable pre-permit inspection fee, as specified in Appendix C. (b) The applicant shall pay an additional permit issuance fee, as also specified in Appendix C. 6. Permitted fires for the destruction of dangerous materials: Fires set for the destruction of dangerous or hazardous materials are allowed when the materials are too dangerous to store and transport, provided that no such permit shall be issued until after an on-site inspection by the District. Fires set for the destruction of dangerous materials shall only be allowed where there is no safe alternative method of disposal, and when the burning of such materials does not result in the emission of hazardous or toxic substances either directly or as a product of combustion in amounts that will endanger health or safety. (a) The applicant shall submit a non-refundable pre-permit inspection fee, as specified in Appendix C. (b) The applicant shall pay an additional permit issuance fee, as also specified in Appendix C. 7. Unless specifically authorized under the preceding definitions of permit-authorized fires, fires set for the disposal of materials shall be presumed to have a potential to emit greater than “de minimis amounts” of regulated air pollutants and shall require a Class II permit as specified under §3-1-040.B.2. 8.7. Bonfire Permits: Provided no prohibited materials or household wastes, as defined in §3-8-700.B., are burned: a city, town, county statutory districts, or other political subdivision established by statute may obtain a no-cost bonfire permit for a community or civic event. a. A written request from the public entity is required. b. The quantity of material that may be burned during the permit term shall not exceed 20 cubic yards of non-compacted material. F.D. Permit conditions. All permits shall include the following: 1. Contact Information A means of contacting the permittee. 2. Permit term The term of the temporary open burning permit, which shall: a. For a residential or commercial permit, not exceed one month from the effective date; b. For an agricultural permit, not exceed one year from the effective date; c. For a demolition permit or a destruction of hazardous materials permit, not exceed sixty (60) days from the effective date; d. Not, regardless of term, authorize any violation of any burning ban that a local fire department/district may December 17, 2004 Page 5121 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 impose for purposes of public safety or other purposes. For a training exercise permit, not exceed a permit specified 7-day period from the effective date. For a commercial land clearing burn permit, not exceed sixty (60) days from the effective date, provided that the permittee may, upon application but without cost, be allowed one sixty (60) day extension of such a land clearing permit. g. For a bonfire, not exceed a 3-day period, which dates shall be specified in the permit. h. No person affected by a “no burn” restriction or permit suspension shall be entitled to an extension of the burn permit term. 1.3. Permits subject to suspension orders. All permits shall contain conditions limiting the manner and the time of the setting of such fires as specified in the and shall contain a provision note that all burning be extinguished at the discretion of the Control Officer or his authorized representative during periods of inadequate atmospheric smoke dispersion, including:, periods of excessive visibility impairment which could adversely affect public safety, or periods when smoke is blown into populated areas so as to create a public nuisance. a. When an air stagnation advisory is issued by the Director of ADEQ or the National Weather Service; b. When an air pollution emergency episode alert, warning, or emergency as required by §§2-7-230 to 2-7-720 is declared; c. During periods of excessive visibility impairment which could adversely affect public safety or impair visibility in Class I areas; or d. During periods of extreme fire danger, or during periods when smoke is blown into populated areas so as to create or threaten to create a public nuisance. 4. Emission Reduction Techniques The permit applicant shall note on the permit application/permit form the types of emission reduction techniques that the permittee will use to minimize fire emissions. 2.5. Burn Management Provisions All permits shall also contain the following conditions: a. Materials that may be burned. a.b. Allowable burn times are: 8:00 a.m. to 4:00 p.m. April 1 through September 30 9:00 a.m. to 4:30 p.m. October 1 through March 31 b.c. Wind speed while burning shall not be less than 5 miles per hour (mph) or greater than 15 mph. If the wind increases during burning, all fires/smoke must be extinguished completely until the wind speed is again in the range of 5 mph to 15 mph. c.d. The fire must be constantly attended, with reasonable control tools (water or dirt) on hand at all times, and the person conducting the burn must have a copy of the burn permit on-site during open burning. d.e. When the burn is completed, the fire must be completely extinguished. All burning must cease by the times noted above. e.f. A requirement that each open burn be started using items that do not cause the production of black smoke. f.g. A requirement that the burning pit, burning pile, or approved waste burner be at least 500 50 feet from the nearest other dwelling unit. f.h. The person conducting the open burning must notify the local fire-fighting agency, fire district or municipal fire department, or if none in existence, the state forester, prior to commencement of open burning. h.i. Open burning shall be conducted only during atmospheric conditions which: i. Prevent dispersion of smoke into populated areas; ii. Prevent visibility impairment on traveled roads or at airports that result in a safety hazard; iii. Do not create a public nuisance or adversely affect public safety; iv. Do not cause any adverse impact to visibility in a Class I area; and v. Do not cause uncontrollable spreading of the fire. j. The permittee shall not conduct open burning when: i. The National Weather Service has issued an air stagnation advisory for the affected area; e. f. Volume 10, Issue 51 Page 5122 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 ii. During periods when smoke can be expected to accumulate to the extent that it will significantly impair visibility in Class I areas; or iii. When any stage air pollution episode is declared under Code §§2-7-230 to 2-7-720. i.k. The permit shall include a copy of the activities prohibited and the criminal penalties for reckless burning included in A.R.S. §13-1706. G.E. Permit Reporting Requirements The following information shall be provided to the PCAQCD Director/Control Officer for each date open burning occurred, either on a daily basis on the day of the fire, or after the burn permit period ends, or in an annual report prior to April 1, the PCAQCD Director/Control Officer or delegated authority. The report shall be submitted in a format provided by the Director or Control Officer and include: i.1. The date of the burn; ii.2. The type and quantity of fuel burned for each date open burning occurred; iii.3. The fire type, such as pile or windrow, for each date open burning occurred; iv.4. For each date open burning occurred, the legal location, to the nearest township, range and section; or latitude and longitude, to the nearest degree minute; or street address; or parcel number. H.F. Permissible delegation of authority 1. The Control Officer may delegate the authority for the issuance of allowable open burning permits to responsible delegated authorities as defined in §3-8-700.B. Anyone delegated the authority for issuance of open burning permits shall maintain a copy of all currently effective permits issued including a means of contacting the person authorized by the permit to set an open fire in the event that an order for extinguishing of open burning is issued. This includes a no burn restriction when monitoring or forecasting indicates the carbon monoxide standard is likely to be exceeded in Area A, as defined in A.R.S. 49-541, and Chapter 4, Article 3, 4-3-060.C of the Pinal County Air Quality Control District (PCAQCD) Code of Regulations. G. Open Burn Permit Suspensions 2.1. A “no burn” restriction shall be imposed with respect to open burning regulated by Pinal County, whenever monitoring or forecasting indicates the carbon monoxide standard is likely to be exceeded. Such a “no burn” restriction applies to all burning regulated under this Code, even including burning by persons who may hold an otherwise valid open burning permit issued by Pinal County. 3.2. That “no burn” restriction shall arise by operation of law whenever the Maricopa County Environmental Services or ADEQ declares such a “no burn” restriction in neighboring Maricopa County. No person affected by such a “no burn” restriction shall be entitled to a refund of any monies paid for an open burning permit that may be suspended by virtue of imposition of such a “no burn” restriction or an extension of the burn permits time period. I.H. Violations Failure to obtain a permit, or failure to comply with the conditions of a permit, shall be subject to civil and/or criminal penalties in any of the following statutes: A.R.S. §§13-1706, 49-502, 49-511, 49-512, 49-513, or 49-514. J.I. Limited scope of rule. Nothing in this rule shall authorize or permit any practice, which is a violation of any statute, ordinance, rule or regulation. 3-8-710. Permit provisions and administration A. Burn permit fees 1. Required fees A fee shall be charged for a Temporary Open Burning permit according to the fee schedules found in Appendix C. 2. No Refunds No person affected by a permit suspension or “no burn” restriction as allowed under these rules shall be entitled to a refund of any monies paid for an open burning permit. B. Signature and acknowledgement Every open burning permit shall be signed by the person obtaining the permit, and that signature shall constitute an acknowledgement that: 1. The person obtaining the permit bears responsibility for any failure to properly and adequately control any fire set pursuant to the permit; December 17, 2004 Page 5123 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 2. The issuance by the Control Officer of a Temporary Open Burning Permit does not release the permittee from any of the requirements of a fire department/district having jurisdiction, and a permit so issued must be validated by said fire department/district to be effective. The permittee is solely responsible for complying with such fire department/district requirements or restrictions. 3. Even though burning may be separately restricted by a fire department/district, all fees paid are non-refundable, and burn permits will not be extended due to an open burning restriction. 4. Open burning at a time or in a manner contrary to the terms of the permit or an order from the Control Officer shall constitute a pursuant to A.R.S. §49-501.I. and one or more violations as set forth in §3-8-700. C. The District shall maintain a copy of all currently effective Temporary Open Burning Permits issued including a means of contacting the person authorized in the permit to set an open fire in the event that an order of extinguishing of open burning is issued. This includes a no burn restriction when monitoring or forecasting indicates the carbon monoxide standard is likely to be exceeded in Area A, as defined in A.R.S. Section 49-541. 1. A “no burn” restriction shall be imposed with respect to open burning regulated by Pinal County under A.R.S. §49501, whenever monitoring or forecasting indicates the carbon monoxide standard is likely to be exceeded. Such a “no burn” restriction applies to all burning regulated under A.R.S. §49-501, even including burning by persons who may hold an otherwise valid open burning permit issued by Pinal County. 2. That “no burn” restriction shall arise by operation of law whenever the Maricopa County of Environmental Services declares such a “no burn” restriction in neighboring Maricopa County. No person affected by such a “no burn” restriction shall be entitled to a refund of any monies paid for an open burning permit that may be suspended by virtue of imposition of such a “no burn” restriction or an extension of the burn permit time period. D. The term of a temporary open burning permit shall: 1. For a residential or commercial permit, not exceed one month from the date of issuance; 2. For an agricultural permit, not exceed one year from the date of issuance; 3. For a demolition permit or a destruction of hazardous materials permit, not exceed sixty (60) days; 4. Not, regardless of term, authorize any violation of any burning ban that a local fire department/district may impose for purposes of public safety or other purposes. 5. For a training exercise permit, not exceed a permit specified 3-day period. 6. For a commercial land clearing burn permit, not exceed one month from the date of issuance. 7. For a bonfire, not exceed a permit specified 3-day period. E. For the purposes of this article, the following shall neither be regarded as nor deemed open burning: 1. The subterranean detonation of explosives. 2. The display of fireworks for recreational purposes or pyrotechnics for musical or cinematic/theatrical functions, provided any person detonating such fireworks or pyrotechnics has a permit by the Pinal County Board of Supervisors. F.C. Storage of materials prone to spontaneous combustion Outdoor disposal or deposition of any non-agricultural materials (100 cubic yards or greater) capable of igniting spontaneously, with the exception of fossil fuels (coal), shall not be allowed, without providing adequate fire-fighting materials, such as sand, dirt, or water. 4-2-040. Standards A. No person shall cause, suffer, allow, or permit a building or its appurtenances, subdivision site, driveway, parking area, vacant lot or sales lot, or an urban or suburban open area to be constructed, used, altered, repaired, demolished, cleared, or leveled, or the earth to be moved or excavated, or fill dirt to be deposited, without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. B. No person shall cause, suffer, allow, or permit a vacant lot, or an urban or suburban open area, to be driven over or used by motor vehicles, such as but not limited to all-terrain vehicles, trucks, cars, cycles, bikes, or buggies, without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. C. No person shall cause, suffer, allow or permit the performance of agricultural practices including but not limited to tilling of land and application of fertilizers without taking reasonable precautions to prevent particulate matter from becoming airborne. D. No person shall disturb or remove soil or natural cover from any area without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. Volume 10, Issue 51 Page 5124 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 E. No person shall crush, screen, handle or convey materials or cause, suffer, allow or permit material to be stacked, piled or otherwise stored without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. F. Stacking and reclaiming machinery utilized at storage piles shall be operated at all times with a minimum fall of material and in such manner, or with the use of spray bars and wetting agents, as to prevent excessive amounts of particulate matter from becoming airborne. Other reasonable precautions shall be taken, as necessary, to effectively prevent fugitive dust from becoming airborne. G. No person shall cause, suffer, allow or permit transportation of materials likely to give rise to fugitive dust without taking reasonable precautions to prevent fugitive dust from becoming airborne. Earth and other material that is tracked out or transported by trucking and earth moving equipment on paved streets shall be removed by the party or person responsible for such deposits. Removal of earth from paved streets shall not violate the visibility standard in Chapter 2. H. No person shall operate, maintain, use or permit the use of any commercial feedlot or commercial livestock area for purposes of feeding or displaying animals, or engage in other activity such as racing and exercising, without taking reasonable precautions to effectively prevent fugitive dust from becoming airborne. I. No person shall cause, suffer, allow, or permit the use, repair, construction or reconstruction of any road or alley without taking every reasonable precaution to effectively prevent fugitive dust from becoming airborne. J. No person shall operate a motor vehicle for recreational purposes in a dry wash, riverbed or open area in such a way as to cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises. For purposes of this subsection “motor vehicles” shall include, but not be limited to trucks, cars, cycles, bikes, buggies and 3-wheelers. Any person who violates the provisions of this subsection shall be subject to prosecution under A.R.S. §49-513. K. No person shall cause, suffer, allow, or permit construction of mineral tailing piles without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. For purposes of controlling emissions from mineral tailings piles, reasonable precautions shall mean wetting, chemical stabilization, revegetation or such other measures as may be approved by the Control Officer. 4-2-050. Monitoring and records A. The adequacy of the precautions set forth in Sources subject to §4-2-040. shall be determined by reference also be subject to the visible opacity limitations in Chapter 2, Article 8. Opacity observations shall not be made or additional preventive measures required when the wind speed instantaneously exceeds 25 mph or when the average wind speed is greater than 15 mph. B. Opacity observations for visible emissions of fugitive dust shall be conducted in accordance with techniques specified in Reference Method 9 in the Arizona Testing Manual for Air Pollutant Emissions. C. The average wind speed determination shall be on a 60 minute average from the nearest Air Quality Control District monitoring station or by a wind instrument located at the site being checked. 4-3-070. Definitions See Article 3 (General Provisions and Definitions) of this code for definitions of terms that are used but not specifically defined in this rule. 1. “Affected Area” as used in this rule, means a job or construction site which is greater than 0.1 acres and where affected activities associated with land development disturb the surface of the earth in Pinal County. 2. “Affected Activities” as used in this rule includes land stripping, earthmoving, blasting, trenching, road construction, grading, landscaping, stockpiling excavated materials, storing excavated materials, loading excavated materials, or any other activity associated with land development which results in a disturbed surface area or dust generating operations, shall all constitute “affected activities,” if the area to be disturbed is greater than 0.1 acre. 3. “Affected parties” as used in this rule is the land owner, general contractor or subcontractor. 4.2. “Bulk material” as used in this rule, means any material including but not limited to earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diameter, dirt, mud, demolition debris, trash, cinders, pumice, saw dust, and dry concrete, which are capable of producing fugitive dust at an industrial, institutional, commercial, governmental, construction and/or demolition site. 5.3. “Bulk material handling, storage and/or transporting operation” as used in this rule, means the use of equipment, haul trucks, and/or motor vehicles, such as but not limited to, the loading, unloading, conveying, transporting, piling, stacking, screening, grading, or moving of bulk materials, which are capable of producing fugitive dust at an indusDecember 17, 2004 Page 5125 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 trial, institutional, commercial, governmental, construction, and/or demolition site. 6.4. “Carry-out/trackout” as used in this rule means, any and all bulk materials that adhere to and agglomerate on the exterior surface of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen onto a paved roadway. 7.5. “Control measure” as used in this rule means, a preemptive or concurrent technique, practice, or procedure used to minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. Control measures include the following: Control Measure Description a. Watering (pre-wetting) Application of water by means of trucks, hoses, and/or sprinklers prior to conducting any land clearing. This will increase the moisture content of the soils and increase stability of the soil. b. Watering (operational control) In active earth-moving areas water should be applied at sufficient intervals and quantity to prevent visible emissions from extending more than 100 feet from the site's boundaries, as noted on the plot plan. c. Watering (site stabilization) Wind erosion control for inactive sites where there is no activity for seven (7) days or more. d. Chemical stabilizers/dust suppressants Effective in areas which are not subject to daily disturbances. Vendors can supply information on application methods and concentrations. e. Wind barriers Three to five-foot barriers (with 50% or less porosity), berms or equipment located adjacent to roadways or urban areas to reduce the amount of windblown material that leaves the site. Wind barriers must be implemented with watering or dust suppressants. f. Cover haul vehicles Entire surface area of hauled bulk materials should be covered with an anchored tarp, plastic or other material when the cargo container is empty or full. g. Reduce speed limits 15 miles per hour maximum. h. Gravel pad A layer of washed gravel, rock, or crushed rock which is at least one inch or larger in diameter, maintained at the point of the intersection of a paved public roadway and a work site entrance to dislodge mud, dirt, and/or debris from the tires of motor vehicles, and/or haul trucks, prior to leaving the work site. i. 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. Volume 10, Issue 51 Page 5126 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 j. Wind sheltering Enclose storage piles in silos or protected three sided barriers equal to bulk material height; line work site boundaries adjacent to roadways or urban areas with wind barriers. k. Altering load-in/load-out procedures Confine load-in-load out procedures to downwind side of the material and mist material with water prior to loading. Empty loader slowly and keep bucket close to the truck while dumping. l. Other measures as proposed by registrant Specific measures that are adequate to address nuisance issues at the earth moving activity site. 8.6. “Disturbed Surface Area” as used in this rule, means any portion of the earth's surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition, thereby increasing the potential for emission of fugitive dust. a. For trenches that are less than four feet in depth, it is assumed that a six (6) foot wide path of surface material will be disturbed as the trench is dug. Once the trench exceeds a length of 726 feet, 0.1 acres of surface area has been disturbed. For trenches that are four feet or greater in depth, it is assumed that a twelve (12) foot wide path of surface material will be disturbed as the trench is dug. once the trench exceeds a length of 363 feet, 0.1 acres of surface area has been disturbed. If the registrant identifies situations in which the amount of surface area should be calculated differently, a case-by-case determination would be made. b. For calculations of disturbed surface areas for land clearing or earthmoving activities, 25 feet will be added to each dimension of all structures, driveways, concrete pads, and other construction projects being built on the site to allow for an equipment utilization zone. If this final figures exceeds 4,356 square feet, a dust registration is required for the site. 9.7. “Dust generating operation” as used in this rule, means any activity capable of generating fugitive dust, including but not limited to, land clearing, earthmoving, weed abatement by discing or blading, excavating, construction, demolition, 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/or playing on a ballfield shall not be considered a dust generating operation. However, landscape maintenance shall not include grading, trenching, nor any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes. “Dust suppressant” as used in this rule, means water, hygroscopic material, solution of water and chemical surfactant 10.8. foam, non-toxic chemical stabilizer or any other dust palliative, which is not prohibited 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. 11.9. “Earthmoving activity” as used in this rule, means any land stripping, earthmoving, blasting, trenching, road construction, grading, landscaping, stockpiling excavated materials, storing excavated materials, loading excavated materials, or any other activity associated with land development show where the objective is to disturb the surface of the earth, which shall all constitute “affected activities” if the job site is greater than 0.1 acre. (See 4.3.600.A.4 General Provisions) 12.10. “Earthmoving operation” as used in this rule, means the use of any equipment for an activity which may generate fugitive dust, such as but not limited to cutting and filling, grading, leveling, excavating, trenching, loading or unloading bulk material, demolishing, blasting, drilling, adding to or removing bulk materials from open storage piles, back filling, soil mulching, landfill operations, or weed abatement by discing or blading. “Freeboard” as used in this rule, means the vertical distance between the top edge of a cargo container and the high13.11. est point at which the bulk material contacts the sides, front, and back of the container. 14.12. “Fugitive dust” as used in this rule, means the regulated particulate matter, which is not collected by a capture system, which is entrained in the ambient air, and which is caused from human and/or natural activities, such as but not December 17, 2004 Page 5127 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 15.13. 16.14. 17.15. 18.16. 19.17. 20.18. 21.19. 22.20. 23.21. 24.22. 25.23. 26.24. 27.25. 28.26. 29.27. 30.28. 31.29. 32.30. limited to, movement of soils, 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. “Gravel pad” as used in this rule, means a layer of washed gravel, rock, or crushed rock which is at least one inch or larger in diameter, maintained at the point of intersection of a paved public roadway and a work site or source entrance to dislodge mud, dirt, and/or debris from the tire of the motor vehicles or haul trucks prior to leaving the work site. “Grizzly” as used in this rule, means a device maintained at the point of intersection of a paved public roadway and a work site or source entrance to dislodge mud, dirt and/or debris from the tires of the motor vehicles or haul trucks prior to leaving the work site. “Haul truck” as used in this rule, is any fully or partially open-bodied self-propelled vehicle including any nonmotorized 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 used for transporting bulk materials. “Motor vehicle” as used in this rule, is 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 nonmotorized attachments, such as but not limited to, trailers and other conveyances which are connected to or propelled by the actual motorized portion of the vehicle. “Nuisance” as used in this rule, means to discharge from any source whatsoever one or more air contaminants or combinations thereof, in such concentration and of such duration as are to may tend to be injurious or to adversely affect human health or welfare, animal life, vegetables, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. “Off-road vehicle” as used in this rule, is any self-propelled conveyance specifically designed for off-road use, including but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies. “Opacity” as used in this rule, means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. “Owner, general contractor, and/or subcontractor” as used in this rule, is any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of this rule. “Public roadway” as used in this rule, means any roadways that are open to public travel. “Road Construction” as used in this rule, means the use of any equipment for the paving or new construction of a road surface, street or highway. “Road Maintenance” as used in this rule, means the use of any equipment for the repair and preservation of an old road surface, street or highway. “Sensitive area” as used in this rule, means a neighborhood with man-made structures utilized for human residence or business. “Source” as used in this rule, mans the construction site which is under common control or ownership, and all fixed or moveable objects on such site, which is a potential point of origin of fugitive dust. “Stockpile” as used in this rule, is an open accumulation of bulk material with a 5% or greater silt content which in any one point attains a quantity greater than 10 cubic yards and is located on a disturbed surface area that is greater than 0.1 acres. Silt content shall be assumed to be 5% or greater unless the affected party can show, by testing in accordance with ASTM method C136-96a or other equivalent method approved in writing by the Control Officer and the EPA Administrator, that the silt content is less than 5%. “Trackout control device” as used in this rule, means a gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and a paved roadway, that controls or prevents vehicular trackout. “Traffic hazard” as used in this rule, means a discharge from any source whatsoever such quantities of air contaminants, uncombined water, or other materials, which cause or have a tendency to cause interference with normal road use. “Trench” as used in this rule, mans a long, narrow excavation dug in the earth (as for drainage). “Unpaved haul/access road” as used in this rule, means any on-site unpaved road used by commercial, industrial, Volume 10, Issue 51 Page 5128 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 institutional, and/or governmental traffic. 33.31. “Unpaved parking lot” as used in this rule, means any area larger than 5,000 square feet that is not paved and that is used for parking, maneuvering, or storing motor vehicles. 34.32. “Unpaved road” as used in this rule, means 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. 35.33. “Visible emissions” as used in this rule, means any emissions which are visually detectable without the aid of instruments and which contain particulate matter. 36.34. “Visibility impairment” as used in this rule, means any humanly perceptible change in visibility from that which would have existed under natural conditions. 37.35. “Wind barrier” as used in this rule, means any structure put up along a source's boundaries to reduce the amount of wind blown dust leaving the site. Creating a wind barrier includes but is not limited to installing wind fencing, construction of berms, or parking on-site equipment so that it blocks the wind. 38.36. “Wind-blown dust” as used in this rule, means visible emissions from any disturbed surface area, which are generated by wind action alone. 39.37. “Wind event” as used in this rule, means when the 60-minute average time and wind speed is greater or equal to 20 miles per hour, or such other wind speed/duration exemption threshold as may apply under Pinal County's Natural Events Action Plan (NEAP) dated November 25, 1997: 1. An 8-hour average wind speed in excess of 20 miles per hour (m.p.h.) 2. A 1-1/2 hour average wind speed in excess of 22 m.p.h. 3. A 1-hour average wind speed in excess of 25 m.p.h. 4. A 15 minute average wind speed in excess of 30 m.p.h. 40.38. “Wind fencing” as used in this rule, means a 3 to 5 foot barrier with 50% or less porosity located adjacent to roadways or urban areas. 41.39. “Work site” as used in this rule, means any property upon which dust generating operations and/or earthmoving operations occur. 42.40. “Work practices” as used in this rule, means a technique or operational procedure used to minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. Work practices include the following: Specific Activity Work Practice Bulk Material Hauling off-site onto paved public roadway 1. Load all trucks such that the freeboard is not less than three inches; and prevent spillage or loss of bulk material from holes or other openings in the conveyance; cover all haul trucks (empty or full) with a tarp or other suitable anchored material. Bulk material hauling on-site (within work site) 2. Limit the vehicle speed to less than 15 mph; or apply water to the top of the load; or cover the hauled material. Spillage, carry-out, erosion, and/or trackout 3. Install a suitable trackout control device from all work sites with a disturbed area of 5 acres or more and from all work sites where 100 cubic yards of bulk materials are hauled on/or off site per day. Cleanup spillage, carry-out, erosion and/or trackout on the following schedule: 4. Immediately, when spillage, carry-out, and/or trackout extend a cumulative distance of 50 linear feet ore more; or at the end of the work day. December 17, 2004 Page 5129 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 Unpaved easements, right-of-way, and access roads 5. Inside PM10 nonattainment area, restrict vehicular speeds to 15 miles per hour. Open storage piles 6. During stacking, loading and unloading operations, apply water as necessary and/or construct and maintain wind barriers, storage silos, or a threesided enclosure to surround pile and whose height is equal to the pile. Weed abatement by discing or blading 7. Apply water before and during weed abatement. Other work activities as provided by the registrant 8. Specific work practices that are adequate to address nuisance issues at the earth moving activity site. 4-3-080. Registration Requirements Prior to engaging in affected activities on a job site, at least one affected party shall file a registration form with the Control Officer, pay the appropriate fee, and receive a registration notice from the Control Officer. 1. Registration Form: a. The applicant shall present a registration on a form approved by the Control Officer, and shall include all essential identification information as specified on that form. A separate registration form is required for each site location not contiguous to the location on the original registration form, unless an annual block registration is approved. b. Each registration shall also include a plot plan with linear dimensions in feet. The plot plan must be on 8-1/2 by 11 inch paper, and may be on one or more sheets. The plan should identify the parcel, the street address, the direction north, the total area to be disturbed and indicates the sources of fugitive dust emission on the plot plan (delivery, transport and storage areas). c. Using the options on the registration form or in the applicant's own words, each registration application shall contain an explanation of how the applicant will demonstrate compliance with this rule, by demonstrating after-the-fact that the control measures and work practices proposed in the registration were in fact utilized on the project. A demonstration of compliance would typically include a daily written log at the work site, or the maintenance of invoices and/or payments reflecting the cost of control measures. d. Annual Block Registration: The land owner, contractor, or subcontractor operating on the job site may submit to the Control Officer one Earthmoving Registration application for more than one earthmoving operation at which construction will commence within 12 months of registration issuance. The earthmoving operations must consist of routine operations: the expansion or extension of utilities, paved roads, unpaved roads, road shoulders, and/or alleys, and public right-of-ways at non-contiguous sites. i. An annual block registration must include all the requirements listed above in this subsection (1 a. through 1 c.) and a description of each site and type of earthmoving activity to be conducted. ii. For any project not listed in the Earthmoving Annual Block Registration Application, the applicant must notify the Control Officer in writing at least three working days prior to commencing the earthmoving activity. Such notification must include the site location, size, and type of earthmoving activity, and start date. e. Registration Renewal: The first registration obtained for an affected project must cover a contiguous area (unless it is an “annual block registration”) and it is valid for one year from the date of issue. If the project has not been competed completed at the end of the one-year period, the dust registration must be renewed. Upon renewal, the total acreage covered by the dust registration does not have to be contiguous, although all acreage covered by the renewed dust registration must have been included in the original dust registration. 2. Registration acknowledgment: a. The registration acknowledgment from the control officer will contain the universal performance standard and Volume 10, Issue 51 Page 5130 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 conditions regarding the necessary control measures and work practices specific to the applicable project as proposed by the registrant. b. The registration acknowledgment shall contain a provision that all registrants keep records documenting the actual application or implementation of the control measures delineated in the registration application for at least 30 days following the termination of the registration acknowledgment. c. The registration acknowledgment shall be valid for a period of not more than one year from the date of issue, and may be renewed by providing the Control Officer a new registration application and payment of the appropriate fee. d. Registrants shall notify the Control Officer within five working days of the start and completion of the project. e. At all sites that are five acres or larger, registrants shall erect a project information sign at the main entrance that is visible to the public or at each end of the road construction project site. The sign shall be a minimum of 24 inches tall by 30 inches wide, have a white background, and have the words “DUST CONTROL” shown in black block lettering which is at least four inches high, and shall contain the following information in legible fashion.” i. Project Name ii. Name and phone number of person(s) responsible for conducting project iii. Text stating: “Dust Complaints? Call Pinal County Air Quality Control District at (520) 866-6929.” 4-3-080.4-3-090. Universal Performance Standard 1. Within the affected area, a landowner or contractor shall not conduct or allow dust generating operations: a. in a manner such that an unreasonable amount of dust is blown into sensitive areas so as to create a public nuisance; b. in a manner such that opacity of the dust leaving the property exceeds twenty percent (20%) or greater as measured using Test Method 9 (40 CFR 60, Appendix A) or an equivalent test method approved by the Control Officer and the EPA Administrator; c. in a manner that will produce visibility impairment that could threaten public safety. 2. Failure to comply with these requirements shall presumptively constitute cause for the Control Officer or his authorized representative to order a halt to the offending activity. Failure by an owner, contractor or facility operator to respond to such an order from the Control Officer shall constitute a violation of this rule. 3. Violations: Generally any land owner, contractor, or subcontractor operating on the job site, who violates any Pinal County Air Quality Control District rule amy may be subject to an order of abatement, a civil action for injunctive relief or civil penalties, or may be found guilty of a Class I Misdemeanor. 4. Violation Exemptions: a. Wind Event: exceedances of the opacity limit that occur due to a wind event shall be exempted from enforcement action if the owner/general contractor demonstrates all of the following conditions: i. All control measures required in the registration acknowledgment were followed and one or more of the work practices were applied and maintained; ii. The 20% opacity exceedance could not have been prevented by better application, implementation, operation or maintenance of the control measures; iii. The occurrence of a wind event on the day(s) in question is documented by records of the Pinal County Air Quality Control District monitoring station in the affected area, from any other certified meteorological station, or by a wind instrument that is calibrated to the manufacturer's standards and that is located at the site being investigated. b. No opacity violation shall apply to emergency maintenance of flood control channels and water retention basins, provided that control measures were being implemented. 5. Limited scope of rule Nothing in this rule shall authorize or permit any practice which is in violation of any statute, ordinance, rule or regulation. 8-1-060. Special inspection warrant A. The Control Officer and his deputies charged under this chapter with powers or duties involving inspection of real or personal property including buildings, building premises and building contents for the purpose of air pollution control shall December 17, 2004 Page 5131 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 B. C. be authorized to present themselves before a magistrate and apply for, obtain and execute special inspection warrants. Such inspections shall be limited to property other than the interior of structures used as private residences. Upon showing by the affidavit of the Control Officer or his deputies that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent, special inspection warrants may be issued by a magistrate for inspection of public or private, real or personal properties. Such warrants shall not be necessary in the case of an emergency where there is an imminent and substantial endangerment to the health of persons. The warrant shall be in substantially the following form: “County of Pinal, state of Arizona to any Control Officer or Deputy Control Officer in the county of proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city, town or county) of and more particularly described as follows: (describe the premises with reasonable particularity) there now exists a reasonable governmental interest to determine if of the Arizona Revised Statutes) or (section of the PCAQCD Regsaid premises comply with (section ulations), you are therefore commanded in the day time (or during reasonable business hours), to make an inspection of said premises as soon as practicable. Date, signature and title of office.” The endorsement on the warrant shall be in substantially the following form: “Received by me , 19 20 , at o'clock (name of Control Officer or Deputy Control Officer).” The return of officer shall be in substantially the following form: “I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings). Dated this day of , 19 20 (name of Control Officer or Deputy Control Officer).” D. The warrant may be served by the Control Officer or his deputies mentioned in its directions, but by no other person except in aid of the Control Officer or his deputies, on his requiring it, the Control Officer or his deputies being present and acting in its execution. E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time, the warrant shall unless executed be void. F. Any person who knowingly refuses to permit an inspection lawfully authorized by warrant issued pursuant to this Code is guilty of a petty offense. APPENDIX B. FEES RELATED TO INDIVIDUAL PERMITS A. Source Categories. The owner or operator of a source required to have an air quality permit from the Director shall pay the fees described in this appendix. B. Fees for Permit Actions. The owner or operator of a Class I Title V Source, Class II Title V Source, or Class II Non-Title V source shall pay to the Control Officer $66 per hour, adjusted annually under §3-7-585, for all permit processing time required for a billable permit action (does not include permit transfers). Upon completion of permit processing activities but before the issuance or denial of the permit or permit revision, the Control Officer shall send notice of the decision to the applicant along with a final bill. The maximum fee for a billable permit action for a qualifying general source seeking a Class II permit shall be $500.00 The maximum fee for any other billable permit action for a non-title V source is $25,000. Except as provided in §3-1-080, the Control Officer shall not issue a permit or permit revision until the final bill is paid. C. Class I Title V Fees. The owner or operator of a Class I Title V Source that has undergone initial startup by January 1, shall annually pay to the Control Officer and administrative fee plus an emissions-based fee as follows: Volume 10, Issue 51 Page 5132 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 1. The applicable administrative fee from the table below, as adjusted annually under §3-7-585. The fee is due in accordance with §3-7-620. Class I Title V Source Category Administrative Fee Aerospace $ 12,900 Cement Plants $ 39,500 Combustion/Boilers $ 9,600 Compressor Stations $ 7,900 Electronics $ 12,700 Expandable Foam $ 9,100 Foundries $ 12,100 Landfills $ 9,900 Lime Plants $ 37,000 Copper & Nickel Mines $ 9,300 Gold Mines $ 9,300 Mobile Home Manufacturing $ 9,200 Paper Mills $ 12,700 Paper Coaters $ 9,600 Petroleum Products Terminal Facilities $ 14,100 Polymeric Fabric Coaters $ 12,700 Reinforced Plastics $ 9,600 Semiconductor Fabrication $ 16,700 Copper Smelters $ 39,500 Utilities - Natural Gas $ 10,200 Utilities - Fossil Fuel Except Natural Gas $ 20,200 Vitamin/Pharmaceutical Manufacturing $ 9,800 Wood Furniture $ 9,600 Others $ 9,900 Others with Continuous Emission Monitoring $ 12,700 2. An emissions-based fee of $11.75 per ton of actual emissions of all regulated pollutants emitted during the previous calendar year ending 12 months earlier. The fee is adjusted annually under §3-7-585, and due in accordance with §3-7-620. a. For purposes of this section, “actual emissions” means the quantity of all regulated pollutants emitted December 17, 2004 Page 5133 Volume 10, Issue 51 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 during the calendar year, and determined by the annual emissions inventory under §3-1-103. b. For purposes of this section, “regulated pollutants” consist of the following: i. Nitrogen oxides and any volatile organic compounds; ii. Conventional air pollutants, except carbon monoxide and ozone; iii. Any pollutant that is subject to any standard promulgated under Section 111 of the Act, including fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, and reducing sulfur compound; and iv. Any federally listed hazardous air pollutant. c. For purposes of this Section, the following emissions of regulated pollutants are excluded from a source's actual emissions: i. Emissions of any regulated pollutant from the source in excess of 4,000 tons per year; ii. Emissions of any regulated pollutant already included in the actual emissions for the source, such as a federally listed hazardous air pollutant that is already accounted for as a VOC or as PM10; iii. Emissions from insignificant activities listed in the permit application for the source under §3-1-050. iv. Fugitive emissions of PM10 from activities other than crushing, belt transfers, screening, or stacking; and v. Fugitive emissions of VOC from solution-extraction units.These provisions are redundant D. Class II Title V Fees. The owner or operator of a Class II Title V Source that has undergone initial startup by January 1, shall pay the applicable administrative fee from the table below, adjusted under §3-7-585 and §3-7-578, and due in accordance with §3-7-620. E. Class II Title V Source Category Administrative Fee Synthetic Minor Sources (except Portable Sources) at greater than 50% of Threshold Permit Allowable Emissions Administrative Fee from Class I Title V Table for Category - C(1) Stationary Sources not otherwise classified $ 5,000 Qualifying General Source as defined in §3-1-030(16a) $ 3,000 Small Source as defined in §3-1-030(20) (For example, perchloroethylene dry cleaners) $ 500 Class II Non-Title V Fees. The owner or operator of a Class II Non-Title V Source or authority to operate under a general permit that has undergone initial startup by January 1, shall pay the applicable administrative fee from the table below, adjusted under §3-7-585 and §3-7-578, and due in accordance with §3-7-620. Class II Non-Title V Source Category Administrative Fee Stationary Sources not otherwise classified $ 3,250 Cotton Gins with a permitted capacity of less than 20,000 bales per year $ 1,625 Portable Sources $ 3,250 Qualifying General Source as defined in §3-1-030(16a) $ 2,000 Crematories that qualify for an ADEQ General Permit $ 1,000 Volume 10, Issue 51 Page 5134 December 17, 2004 Arizona Administrative Register / Secretary of State County Notices Pursuant to A.R.S. § 49-112 F. G. Gasoline Dispensing Operations that qualify for a ADEQ General Permit as defined in A.A.C. R18-2-501 through 511 (with at least 18 nozzles) $ 500 Spray Operations (Medium) (See §3-1-030 for definition) $ 1,600 Spray Operations (Small) (See §3-1-030 for definition) $ 400 Class II Non-Title V Fees or Minor Screening III Sources. The owner or operator of a Class III “Minor Screening Source” shall pay the applicable administrative fee from the table below: Class III Non-Title V or Minor Screening Source Category Administrative Fee Minor Screening Source (See §3-1-030.B.3 and.4 for Class III applicability definitions; for example, typically including sources with PTE below significance levels such as auto body shops, solvent dry cleaners, and gasoline dispensing operations with less than 18 nozzles) $ 250 Fees Related to General Permits. The owner or operator of a source that applies for authority to operate under a general permit per A.A.C. R18-2-501 through 511, shall pay to the Control Officer $500 with the submittal of the application. This fee also applies to the owner or operator of any source who intends to continue operating under the authority of a general permit that has been proposed for renewal. December 17, 2004 Page 5135 Volume 10, Issue 51 Enclosure 7 Maricopa County Open Burn Rule (Rule 314, Outdoor Open Burns) This page left intentionally blank. ** PLEASE NOTE ** At this time, the Notice of Final Rulemaking (NFRM) for the revised Maricopa County Rule 314 will not be published in the Arizona Administrative Register until January 14, 2005. The rule became effective December 15, 2004. A codified version of revised Maricopa County Rule 314, along with supporting adoption documentation, will be sent upon its availability. This page left intentionally blank. NOTICE OF FINAL RULEMAKING MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS RULE 314 – OPEN OUTDOOR FIRES PREAMBLE 1. Sections affected Rulemaking Action Rule 314 2. Amend The statutory authority for the rulemaking, including both the authorizing statute (general) and the statutes the rules are implementing (specific): Authorizing Statutes: Arizona Revised Statutes (A.R.S.) § 49-112, § 49-479, and §49-501. Implementing Statute: Arizona Revised Statutes (A.R.S.) § 49-479. 3. The effective date of the rule: December 15, 2004 4. A list of all previous notices appearing in the register addressing the rule: Notice Of Rulemaking Docket Opening: Arizona Administrative Regis ter (A.R.S.) Volume #10, Issue #23, June 4, 2004. Notice of Proposed Rulemaking Arizona Administrative Register (A.R.S.) Volume #10, Issue #35, August 27, 2004. 5. Name and address of department personnel with whom persons may communicate regarding the rulemaking: Name: Patricia P. Nelson or Jo Crumbaker, Air Quality Division Address: 1001 N. Central Ave. Suite 695, Phoenix, Arizona 85012 Telephone: (602) 506-6709 or (602) 506-6705 Fax: (602) 506- 6179 E-Mail: pnelson@mail.maricopa.gov or jcrumbak@mail.maricopa.gov 6. An explanation of the rule, including the department's reasons for initiating the rule: The rule will amend Maricopa County’s existing open burning rule to make it conform to EPA’s requirements for the state of Arizona’s Regional Haze State Implementation Plan (SIP). The Arizona Department of Environmental Quality’s final rule, which amended Arizona’s existing open burning and prescribed burning rules to conform to Regional Haze SIP requirements, was effective March 16, 2004. Any revisions to Maricopa County’s existing open burning rule must also continue to implement best available control measures (BACM) as required by the Clean Air Act for serious PM10 nonattainment areas. The major revisions to the rule add recordkeeping requirements. The revisions also include technical changes to improve the rule’s clarity. The rule includes new definitions such as orchard heaters and emission reduction techniques and also expands on some other selected definitions for clarity. 7. A reference to any study relevant to the rule that the department reviewed and either relied on in its evaluation of or justification for the rule or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material : No studies were used. 8. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state: Not applicable. 9. The summary of the economic, small business, and consumer impact: Maricopa County Environmental Services Department (MCESD) expects the rule to create minimal actual economic impact on the regulated communities and the County, such as the costs associated with recordkeeping, documentation, and reporting requirements. No comments were received concerning the economic analysis. 10. A description of the changes between the proposed rule, including suppl emental notices, and final rule (if applicable): No changes were made. 11. A summary of the comments made regarding the rule and the agency response to them: No comments were received. 12. Any other matters prescribed by statute that are applicable to the specific department or to any specific rule or class of rules: Not applicable. 13. Incorporations by reference and their location in the rule: There are no incorporations by reference in the rule. 14. The full text of the rule follows: REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 314 OPEN OUTDOOR FIRES INDEX SECTION 100 - GENERAL 101 102 PURPOSE APPLICABILITY SECTION 200 - DEFINITIONS 201 AIR CURTAIN DESTRUCTOR 202 DANGEROUS MATERIAL 203 DITCHBANK 204 FENCE ROW EMISSION REDUCTION TECHNIQUES (ERTS) 205 OPEN OUTDOOR FIRE FENCE ROW 206 PUBLIC OFFICER FLUE 207 RESTRICTED-BURN PERIOD OPEN OUTDOOR FIRE OR OPEN BURNING 208 ORCHARD HEATERS 209 PUBLIC OFFICER 210 RESTRICTED – BURN PERIOD SECTION 300 - STANDARDS 301 PROHIBITION - OPEN OUTDOOR FIRES 302 BURN PERMIT 303 EXEMPTIONS SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 FEES REQUIRED 402 BURN PERMIT APPLICATION 403 BURN PERMIT CONDITIONS 404 BURN PERMIT DENIAL 405 BURN PERMIT TERM TERMS SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 501 RECORDKEEPING AND REPORTING 502 PROGRAM REVIEW APPENDIX TO RULE 314 AIR CURTAIN DESTRUCTOR AND BURN PIT PROCEDURES Revised 07/13/88 Revised 12/19/01 MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS REGULATION III - CONTROL OF AIR CONTAMINANTS RULE 314 OPEN OUTDOOR FIRES SECTION 100 - GENERAL 101 PURPOSE: To limit the emissions of air contaminants produced from open burning. 102 APPLICABILITY: Rule 314 is applicable to any open outdoor fire 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 pit in which combustion occurs that aids in more complete combustion through increases in turbulence and combustion time. 202 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. 203 DITCHBANK – A lateral area not to exceed two and one half feet on either side of a ditch. 204 FENCE ROW - A lateral area not to exceed two and one half feet on either side of the centerline of a fence. 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 ,burning in the opposite direction of the wind, using a back fire when grass is burned, burning before litter falls and burning prior to precipitation. 205 OPEN OUTDOOR FIRE - Any combustion of any type of material outdoors, where the products of combustion are not directed through a flue. FENCE ROW - A lateral area not to exceed two and one half feet on either side of the centerline of a fence. 206 PUBLIC OFFICER – Any elected or appointed officer of a public agency established by charter, ordinance, resolution, state constitution or statute, but excluding member of the legislature. FLUE - Any duct or passage for air or combustion gases, such as a stack or chimney. 207 RESTRICTED-BURN PERIOD – A condition declared by the Control Officer whenever meteorological conditions are conducive to an accumulation of carbon monoxide (CO) and/or particulate matter in exceedance of the standards or when air quality reaches other limits established by the Control Officer. 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, prescribed and construction burning. Purposes for fires can include prevention of a fire hazard, instruction in the methods of fighting fires, watershed rehabilitation, disease and pest prevention. 208 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. 209 PUBLIC OFFICER – Any elected or appointed officer of a public agency established by charter, ordinance, resolution, state constitution or statute, but excluding member members of the legislature. 210 RESTRICTED-BURN PERIOD – A condition declared by the Control Officer whenever meteorological conditions are conducive to an accumulation of carbon monoxide (CO) and/or particulate matter in exceedance of the standards or when air quality reaches other limits established by the Control Officer. 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 Section 302 of this rule and in Section 303 of this rule. 302 BURN PERMIT: A person shall first obtain a Burn Permit from the Control Officer before igniting, causing or permitting to be ignited, allowing, or maintaining the open outdoor fires described in subsections Sections 302.1 through 302.8 of this rule. Before a person to whom a Burn Permit has been issued begins burning, such person shall call, for permission to burn, the fire department having jurisdiction and the Control Officer, who must base his decision to approve or deny permission to burn on National Weather Service forecasts or other meteorological analyses. 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 Burn Permit from the Control Officer. See Section 402 of this rule for requirements regarding Burn Permit applications and see Section 403 of this rule for requirements regarding Burn Permit conditions. 302.1 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. 302.2 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. 302.3 Open outdoor fires for fire fighting training. See subsection Section 303.10 of this rule for an exemption to this requirement. 302.4 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. 302.5 302.6 a. A high temperature mechanical burner must be used to burn ditchbanks, canal laterals, and/or fence rows. b. 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. c. An on-site inspection must be conducted to verify that only agricultural vegetative materials will be burned. d. After an initial on-site inspection 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 on days when such burning has been authorized by the Burn Permit. Open outdoor fires for the destruction of tumbleweeds in cases where other reasonable methods are not available. a. Tumbleweeds must be cut, piled, and dried before burning. b. A high temperature mechanical burner may be used to burn un-dried tumbleweeds in situations where it is not feasible to allow natural drying. c. A high temperature mechanical burner must be used to burn tumbleweeds growing along canal laterals and fence rows. Open outdoor fires for the burning of indigenous scrub vegetation cleared for the purpose of construction or agricultural operations in non-urban areas of low population where other reasonable methods are not available. a. The Control Officer shall issue such Burn Permit only once per geographical location. b. An air curtain destructor must be used (see Appendix To Rule 314) for the burning of certain vegetative materials greater than 6 inches in diameter and an on-site inspection must be conducted before burning. c. An on-site inspection must be conducted to determine removal of all other materials (e.g. wood, rubber, and metal) before the issuance of the Burn Permit. 302.7 Open outdoor fires using an air curtain destructor for the burning of certain material, including but not limited to citrus trees or other types of vegetation. Air curtain destructors shall not be operated closer than 500 feet from the nearest dwelling. See Appendix To Rule 314 for procedures for air curtain destructors and burn pits. 302.8 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. 303 EXEMPTIONS: A person shall not be required to obtain a Burn Permit in order to conduct open outdoor fires described in subsections Sections 303.1 through 303.10 303.11 of this rule. 303.1 Domestic cooking for immediate human consumption. 303.2 Warmth for human beings. 303.3 Recreational purposes, where the combustible material is clean, dry wood, or charcoal. 303.4 Branding animals. 303.5 Orchard heaters for frost protection in farming or nursery operations. 303.6 Disposal of dangerous material. a. Disposal of dangerous material must be conducted in compliance with the Department of Environmental Quality's (ADEQ's) regulations. b. Before a person conducts an open outdoor fire to dispose of dangerous material, such person shall call the Control Officer to determine if a restricted-burn period has been declared and obtain permission to burn. 303.7 Fire extinguisher training. This exemption 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). 303.8 Testing potentially explosive-containing, flammable, or combustible products (e.g., automotive airbags, rocket motors, gas generators, and vehicular assemblies) in accordance with Department of Transportation (DOT) or Department of Defense guidelines. 303.9 a. This exemption 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. b. Before a person conducts an open outdoor fire for testing potentially explosive-containing, flammable, or combustible products for hazard classification, packaging performance, propagation, and/or mass fire, such person shall call the Control Officer to determine if a restricted-burn period has been declared and obtain permission to burn. Testing potentially explosive-containing products for commercial, military, and law enforcement uses. a. This exemption applies only when the testing is controlled, is relatively small, and is not considered to be nor is associated with the disposal of dangerous material. b. Before a person conducts an open outdoor fire for testing potentially explosive-containing products for commercial, military, and law enforcement uses, such person shall call the Control Officer to determine if a restricted-burn period has been declared and obtain permission to burn. 303.10 303.11 Fire fighting training areas and training structures. a. This exemption applies only 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. b. Before a person conducts an open outdoor fire for fire fighting training areas and training structures, such person shall call the Control Officer to determine if a restricted-burn period has been declared and obtain permission to burn. Proper disposal of flags under 4 United States Code 8. SECTION 400 - ADMINISTRATIVE REQUIREMENTS 401 FEES REQUIRED: A fee shall be charged for a Burn Permit 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 contiguous to the location on the original Burn Permit application. not 402.2 The Control Officer shall conduct an on-site inspection before issuing the Permit. 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 Maricopa County shall not issue permits for its own burning activities. Authority for issuance of permits to the County shall be retained by Arizona Department of Environmental Quality. Burn 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 TERM TERMS: A Burn Permit shall be issued for the following terms: Air Curtain Destructor Disease/Pest Prevention Fire Hazard Land Clearance Tumbleweeds 30 days from date of issuance 30 days from date of issuance 30 days from date of issuance 30 days from date of issuance 30 days from date of issuance Ditchbank/Fence Row Fire Fighting Training/Structures 1 year from date of issuance 1 year from date of issuance 500 MONITORING AND RECORDS ( NOT APPLICABLE) 501 RECORDKEEPING AND REPORTING: 501.1 502 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, 303.6, 303.8, 303.9, and 303.10. This information shall be provided on a daily basis either by writing, fax, or electronically and shall include: a. The date of the burn; and b. The type and quantity of fuel burned for each date open outdoor burning occurs; and c. The fire type such as a pile or windrow for each date that open outdoor burning occurs; and d. 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: 502.1 502.2 Maricopa County shall retain permits issued for open burning available for inspection by the Arizona Department of Environmental Quality (ADEQ) for five years. 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. 502.3 Maricopa County shall hold or attend an annual public meeting for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques. 502.4 Maricopa County shall annually submit to ADEQ a record of daily burn activity by May 15 of each calendar year. APPENDIX TO RULE 314 AIR CURTAIN DESTRUCTOR AND BURN PIT PROCEDURES A. Burn Pit Requirements The following must be complied with prior to approval of a pit for burning purposes: 1. The pit must not exceed the length of the plenum. 2. The width of the pit must not exceed 8 feet. 3. The depth of the pit must be a minimum of 15 feet. 4. The maximum erosion width must not exceed 12 feet nor must the pit result in excessive emissions at any time due to erosion, regardless of the width. 5. The pit must have 4 stable, vertical sides such as, but not limited to, mineral, soil, metal curtain, and masonry. 6. When pit locations are changed, an inspection of the newly located pit must be made by the field inspector prior to burning. B. Equipment Set-Up 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 pit. C. Operation Of Blower 1. 2. The proper blower speed must be maintained so as to meet emissions standards. The blower must be operating when and as long as any material in the pit is burning. D. Loading Of The Pit 1. When loading (feeding) the pit, the material must not extend above the air curtain (blower airflow). 2. The loading of materials into the pit 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 pit (i.e., overnight). All materials left in the pit must be extinguished with water or covered over with a minimum of 1 foot of mineral soil. E. Pit Clean-Out All materials removed from the pit must be completely extinguished and all reasonable precautions taken to control emissions. F. Permit Approval Requirements Prior to any Burn Permit approval, a visual on-site inspection of the pit, the material, and the equipment (operational) must be conducted. Any unauthorized material must be removed prior to approval. G. Burning Hours The following burning hours apply: April - September 6 am – 6 pm October - March 8 am – 5 pm While complying with the above schedule, the permittee must also obtain permission from the Control Officer on each day of burning. Burning is not authorized on weekends nor on holidays. Rubber and plastic type material must not be used as ignition fuel. 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