FINAL MIAlVI SULFUR DIOXIDE NONATTAINMENT AREA STATE l[MPEEMENTATIQN AND MAINTENANCE PLAN AIR QUALITY DIVISION ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY June 2002 ,-=-=;"-.. , { : , > * Y > % , =?E-, 12 y;i @f,.\,/'/$\ sF----L5s - I - t \ -2 I\ ? \ q\ $'. \a e// 79 -.-,-*. Jane Dee H u l l Governor ARIZONADEPARTMENT OF ENVIRONMENTAL QUALITY 3033 North Central Avenue* Phoen~x,Ar~zona8501 2-2809 (602) 207-2300*www.adeq state az us Jacqueline E. Schafer Director June 26,2002 Mr. Wayne Nastri Regional Administrator U.S. Environmental Protection Agency, Region LX 75 Hawthorne Street, ORA-1 San Francisco, CA 94105 Re: Submittal of Miami Sulfur Dioxide State Implementation and Maintenance Plan and Request For Redesignation to Attainment Dear Mr. Nastri: Consistent with the provisions of Arizona Revised Statutes (ARS) Title 49, $8 49-1 04,49- 106, 49404 and 49-406 (Enclosure 1) and the Code of Federal Regulations (CFR) Title 40, $5 5 1.1025 1.104, the Arizona Department of Environmental Quality (ADEQ) hereby adopts and submits to the U.S. Environmental Protection Agency (EPA), five copies of the Miami Sulfur Dioxide State Implementation and Maintenance Plan. The submittal contains three enclosures: Enclosure one contains the State authority for submittal of Implementation and Maintenance plans. Enclosure two contains the SIP completeness checklist. Enclosure three contains the Miami Sulfur Dioxide State Implementation and Maintenance Plan and Request For Redesignation to Attainment. The Miami Area was designated nonattainment for the sulfur dioxide (SO,) National Ambient Air Quality Standards (NAAQS) in 1979. This submittal summarizes the progress of the area in attaining the SO, NAAQS, demonstrates that all Clean Air Act requirements for attainment have been met and includes a plan to assure continued attainment for at least 10 years. The clean air quality record, enforceable control measures, and projections of future emissions, all demonstrate that the area has attained and will continue to maintain the SO, air quality standards. In addition, this submittal includes a formal request to revise the nonattainment area boundary, as currently defined in 40 CFR 81.303, according to the boundaries described in Enclosure 3, Chapter 1, Section 1.2 of this submittal. Additionally, ADEQ requests parallel processing of the SIP as the rulemaking for revisions to Arizona Administrative Code (AAC) Rl8-2-7 15(F)(2)through (F)(6), R18-2-7 15(G) and (H), and R18-2-715.01 are completed. ADEQ anticipates submittal of the final rule by late summer 2002. Southern Regional Office Northern Regional Office 400 West Congress Street * Suite 433 * Tucson, AZ 85701 1515 East Cedar Avenue * Suite F Flagstaff, AZ 80004 (520) 779-031 3 (520) 628-6733 printed on recycled paper Wayne Nastri June 26,2002 Page 2 With this submittal, ADEQ requests that EPA approve this implementation and maintenance plan for the Miami SO, nonattainment area and redesignate the area to attainment for the 24-hour and annual SO, NAAQS. Ifyou have any questions, please contact Nancy Wrona, Director, Air Quality Division, at (602) 2072308 or Theresa Pella, Air Quality Planning Section Manager, at (602) 207-2375. Sincerely, w Richard W. Tobin II Deputy Director Enclosures (3) cc: Nancy Wrona, wlo enclosures, ADEQ Colleen McKaughan, wlo enclosures, EPA ENCLOSURE 1 State Authority D. The director may organize the department into divisions as he deems appropriate. i 49,~C]zaprer l ~ 1, Ariicle I , relazing to &artment of mn'ni.onmenra1 quality, is on J n n u q 1, 2006, by 41-3005.14. ~ g 8 $9-401. ; Added by Laws 1986, Ch. 368, 3 34, eff. July 1, 1987 Amended by Laws 1994, ch. 95, 9 1. 1 Sections 11-761 et seq. and dl-781 et seq. Dediwi~csrn 8 49-1 03. In this title, unless the context otherwise requires: 1. "Approximately equaI" means, for purposes of fees adopted pursuant to 5 49-480, excluding per ton emissions fees, an amount that is not greater than ten per cent more than the fees or costs charged by the state for similar state permits or approvals. - sel Department employees; legal coa;ln- A. The director, subject to title 41, chapter 4, articles 5 and 6,' shall employ, determine the conditions of employment and specify the duties of administrative, secretariai and clerical employees as he deems necessary. B. The artorney general shall be the Iegal advisor of the department and s h d give legal services as the department requires. Compensation for personnel assigned by the attorney generd to perform such services shalI be a charge against appropriations to the department. The attorney general shall prosecute and defend in the name of this state all actions necessary to carry out the provisions of this title. 2. "Department" means the department of environmental quality. 3. "Director" means the director of environmental quality who is also the director of the department. Added by Laws 1986, Ch. 368, 5 34, eff. July 1, 1987. h e n d e d by Laws 2000, Ch. 353, 5 2, eff. July 18, 2000, retroactiveIy effective to July 1, 2000. Added by Laws 1986, Ch. 368,s 34, eff. July 1, 1987. 1 Sections 41-761 et seq. g 49-8 02. Department of environmental qud- 8 49-104. ity; director; deputy director; division directors; divisions I I Powers and duties of the department and director A. The department of environmental quality is established. A. The department shall: 1. Formulate policies, plans and programs to imprement this tide to protect the environment. B. The governor shall appoint a director of en- vironmental quality pursuant to § 3 8-2 11.. . The director shall administer the department and serve at the pleasure of the governor. The director is entitled to receive compensation as determined under 3 38-6 11. The director shall appoint a deputy director and, subject to legislative appropriation, may appoint division directors if necessary. The positions of director and deputy director are exempt from title 41, chapter 4, articles 5 and 6 relating to state service.' 2 . "Stimulate and encourage all local, state, regional and federal governinentai agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with those agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises, 3. Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives. 63. To be eligible for appointment as director a person must have a background or experience in one or more of the following areas: 4. Provide information and advice on request of any local, state or federal agencies and private persons and business enterprises on matters within the scope of the department. 1. Public administration. 2. and 41-781 et seq. Planning.. I 3. Personnel management. 1 5 . EnvironmentaI science. 5. Consult with and make recommendations to the governor and the legislature on d l matters concerning department objectives. 1 - \ 1. Contract for the services of outs~deadvisers, 6 . Make annual reports to the governor and the consultants and aides reasonably necessary or deIeglslature on its activltles, its finances and the sirable to enable the department to adequately perscope of its operations. 7. Promote and coordinate the management of form Its duties. 2. Contracr and incur obligations reasonably alr resources to assure their protection, enhancenecessary or desirable wlhin the general scope of ment and balanced utilization consistent with the department actmities and operations to enable the environmental pollcy of this srate. 8. Promote and coordinate the protection and de~anmenxto perform its duties. 3. Utilize any medium of communication, publienhancement of the quality of water resources concation and exhibition when disseminating informasistent wlth the environmental policy of this state. 9. Encourage industrial, commercial, residention~ and publicity in any field its purposes) objectives Or dutiestial and community development that maximizes 4. Adopt procedural rules that are necessary to environmental benefits and minimizes the effects of implement the authority granted under thls title, less desirable environmental conditions. but that are not inconsistent with other provisions Assure he preservation and e*ancemenL this title. of natural beauty and man-made scenic qualities. 5. Contract with other agencies including 'abo11. Provide for the prevention and abatement of ratories in furthering any department program. all water and air pollution Including that related to 6. Use monies, facilities o r services to provide particulates, gases, dust, vapors, noise, radiation, matching contributions under federal or other proodor, nutfients and heated liquids in grams that further the objectives and programs of with article 3 of this chapter and chapters 2 and 3 of this title.' the department. 12. Promote and recommend methods for the 7. Accept gifts, grants, matching monies or direct payments from public or private agencies or recovery, recycling and reuse or, if recycling is not private Persons and enterprises for department serpossible, the disposal of solid wastes consistent vices and publications and to conduct Programs with sound health, scenic and environmental qualithat are consistent with the general purposes and ty policies. objectives of this chapter. Monies received pursu13. Prevent pollution through the reguiation of ant to this paragraph shall be deposited in the the storage, handling and transportation of solids, department fund corresponding to the service, pubIiqulds and gases that may cause or contribute to ..- lication or program provided. pollution. 8. Provide for the examination of any premises 14. Promote the restoration and recIarnation of if the director has reasonable cause to believe that degraded o r despoiled areas and natural resources. a violation of any environmental law or rule exists 15. Assist the department of heaIth services in or is being committed on the premises. ~h~ direcruiting and training state, local and district give the owner or operator the opporrector health department personnel. tunity for its representative to accompany the di16. Participate in the state civil defense prorector on an examination of those premises. Within gram and develop the necessary organization and forty-five days after the date of the examination, the facilities to meet wartime or other disasters. department shall provide to the owner or operator a COPY of any report produced as a result of any 17. Coopera~ewith the Arizona-Mexico cornexamination of the premises. mission in the governor's office and with research_ers at universities in this state to coUect data and 9. Supervise sanitary engineering facilities and conduct projects in the United States and Mexico projects in this state, authority for which is vested on issues that are within the scope of the departin the department, and own or lease land on which ment's duties and that relate to quality of life, trade sanitary engineering facilities are located, and opand economic development in this state in a manerate the facilities, if the director determines that ner that will help the Arizona-Mexico commission owning, leasing or operating is necessary for the to assess and enhance the economic competitivepublic health, safety or welfare. ness of this state and of the Arizona-Mexico region. 10. Adopt and enforce rules reIating to approving design documents for constructing, improving B. The department, through the director, shall: 92 !visers, or desly per,onably ;ope of 3le the publi-formaof its 1 i I I I /j I 1, jsa1-y to s title, visions g labo- Jgram. provide ier proams of s or di- cies or ~ n sert ograms ;es and pursuin the :e, pub.emises :ve that e exisrs 'he diopporthe diWithin on, the 3erator of any es and vested i which n d opes that for the t ipprovproving 1 and operating sanltary engineenng and other facllities for disposing of solid, Liquid or gaseous delete- extensions, treatment pIants, processes, devices, equipment, disposal systems, on-site wastewater treatment facilities and reclamation systems be I7Ous matter11. Define prescribe reasonably necessary submitted wirh a fee for review to the department and may require that the design documents anticirules regarding the water supply, sewage disposal pate and pr0"de for future Sewag beatment and garbage collection and disposal for subdivisions. The rules shall: needs. (dl Require that construction, reconstruction, m(a) provide for minimum sanitary faclIities to be stalIation or initiation of any sewage collection installed in the subdivision and may requirethat system, sewage collection system extension, treatwater systems plan for future needs and be of adequate size and capacity to deliver specified minment plant, Process, device, equipment, disposal system, on-site wastewater treatment facility or lmum quantities of drlIlking water and to treat reclamation system conform with applicable resewage. quirements. (b) Provide that the design documents showing 14. necessary reor descnbing the water supply, sewage disposal handling>treatment, transand garbage collection facilities be submitted wi& garding excreta portation and The a fee ro the department for review and that no lots (a) Prescribe minimum standards for human exin any subdivision be offered for saIe before comcreta storage, handling, treatment, transportation pliance w t h the standards and rules has been and disposa1 and shall provide for inspection of demonstrated by approval of the design documents premises, processes and vehicles and for abating as by the department. 12. Prescribe reasonably necessaq measures to public nuisances premises, Processes O r vehi'Ies that do not with the minimum prevent pollut~onof water used in public or semipublic swimming pools and bathing places and to (b) Provide that vehicles transporting human exprevent deleterious conditions at such places. The creta from privies, septic tanks, cesspools and 0thrules shall prescribe minimum standards for the er treatment processes shall be licensed by the design of and for sanitary conditions at any public department subject to compliance with the rules. or semipublic swimming pool or bathing place and provide for abatement a s public nuisances of prem15. Perform the responsibilities of implementises and facilities that do not comply with the ing and maintaining a data automation manageminimum standards. The rules shall be developed ment system to support the reporting requirements in cooperation with the director of the department of title 111 of the superfund amendments and reauof health services and shall be consistent with the th&-ization act of 1986 (F.L.9 9 4 9 9 ) 2 and title 26, rules adopted by the director of the department of chapter 2, article 3.3 health services pursuant to § 36-136, subsection 16. A~~~~~~ remediation levels pursuant to artiH, paragraph 10. cle 4 of this ~ h a p t e r . ~ 13- Prescribe reasonable rules regarding sewc. The department may charge fees to cover the age collection, treatment, disposal and reclamation costs of all and inspections it perfom to systems to prevent the transmission of sewage insure compliance rules adopted under borne or insect borne diseases. The rules shall: 3 49-203, subsection A, paragraph 6, except that (a) Prescribe minimum standards for the design state agencies are exempt from paying the fees. of sewage collection systems and treatment, disposMonies collected pursuant to this subsection shall al and reclamation systems and for operating the be deposited in the water quality fee fund estabsystems. lished by 3 49-2 10. (b) Provlde for inspecting the premises, systems D. The director may: and installations and for abating as a public nui1. If he has reasonable cause to believe that a sance any collection system, Process* treatment violation of any environmental law or rule exists or ~ l a n t ,disposal system or reclamation system that is being committed, inspect any person or property does not comply with the minimum standards. i, transit through this state and any vehicle in (c) Require that design documents for all sewwhich the person or property is being transported age collectlon systems, sewage collection system and detain or disinfect the person, property or 93 - vehicle a reasonably necessary to protect the environment if a violation exists. 2. Authorize in writing any qualified officer or employee in the departmenr: ro perform any act that rhe director is aurhorized or required to do by law. Added by Laws 1986, Ch. 368, 5 34, eff. July 1, 1987. Amended by Laws 1987, Ch. 3 17, 5 11,eff. Aug. 18, 1987, retroactively effecrive to July 1, 1987; Laws 1989, Ch. 238, 5 10; Laws 1995, Ch. 202, 5 2, eff. July 1, 1996; Laws 1995, Ch. 231, ij 1; Laws 1995, Ch. 2 3 2 , s 2; Laws 1995, Ch. 261, 5 1; Laws 1996, Ch. 351, 5 37; Laws 1997, Ch. 49, 5 6; Laws 1997, Ch. 287, 5 17, eff. April 29, 1997; Laws 1997, Ch. 296, 5 1; Laws 1999, Ch. 26, 4 3, ,eff. Jan. 1, 2001; Laws 2000, Ch. 225, 9 I; Laws 2000, Ch. 225, 5 2, eff. Jan. 1, 2001; Laws 2001, Ch. 2 1 , 5 3; Laws 2001, Ch. 231, 5 12. 49-141 et seq., 49-201 et seq. and 49-401 d seq. 3 11021 et seq. 3 Section 26-341 et seq. 4 Section 49-151 et seq. @ 49-106. Statewide application of rules The rules adopted by the department appiy and shall be observed throughout this state, or as provided by their terms, and the appropriate local officer, council or board shall enforce them. This section does not limit the authority of local governing bodies to adopt ordinances and rules withln their respective jurisdictions if those ordinances and rules do not conflict with state law and are equal to or more restrictive than the rules of the department, but this section does not grant local governing bodies any authorrty not otherwise provided by separate state law. r I 1 \ Added by Laws 1987, Ch. 317, 5 15, eff. Aug. 18, 1987, retroactively effectrve to July 1, 1987. I 1 Sections 2 42 U.S.C.A. 9 L o d delegation of state authority A. The director may deIegate to a local environmental agency, county health department, public health services district or municipality any functions, powers or duties which the director believes can be competently, efficiently and properly performed by the local agency if the local agency accepts the delegation and agrees to perform the delegated functions, powers and duties according to the standards of performance required by law and prescribed by the director. 9 49-1 05, Annual report on violations and enforcement Not later than December 1 of each year the director shall submit to the governor, the speaker of the house of representatives and the president of the senate a report listing the following information for the preceding fiscal year ending June 30: 1. The number of site or facility inspections conducted pursuant to chapters 2 and 5 of this title,l including information on the reasons for and nature of such inspections. 2. The number of permits or approval's issued pursuant to chapters 2 and 5 of this title. 3. The names of a11 persons who were the subject of an enforcement action by the department as a result of a violation of any provision of chapter 2 or 5 of this title, including any rules, permits, orders or conditions of approval issued under those chapters. 4. A brief description of the number and nature of violations committed by each person named under paragraph 3 and a description of any enforcement action taken in response to the violations. 5. A summary of all administrative penalties assessed pursuant to enforcement of the federal safe drinking water act and the violations of that act. Added by Laws 1986, Ch. 365, § 34, eff. J d y 1, 1987. Amended by Laws 1994, Ch. 95, 5 2; Laws 1997, Ch. 130, 5 11, eff. April 22, 1997; Laws 1999, Ch. 295, 5 26. 1 Secnon 49-107. IB. Monies appropriated or otherwise made available to the department for distribution to local agencies may be allocated or reallocated in a manner designed to assure that the recognized local activiQes and the delegated functions, powers and duties are accomplished according to the applicable standards of performance. G . The director may terminate, for cause, all or part of the delegation and reallocate ali or part of any monies that may have been conditioned on the further performance of the delegated functions, powers and duties. Added by Laws 1987, Ch. 317, 4 15, eff. Aug. 18, 1987, retroactively effective to July 1, 1987. Amended by Laws 2000; Ch. 11, § 20. 9 49-1 08. Ha-dous materids erneageacy re- sponse operaticsnms The director of environmental quality shall ertablish a hazardous materials emergency response and recovery organizational unit in the depamIent to function as the scientific support, health, safety and , environmental element of the hazardous materials - 49-201 et seq. and 49-901 et seq. 94 1 I eas of quality lat ti on1993. 197, Ch. -h. 295, c, risdicns that as not 3r new ,revenIan air P- pur2ed by rth the county as re-ina disap3f this 1 and o this ~ t yair Ins of r has of£icer ,n and ounty shall ement nnd at state state $ical shall .e auisdic- 15. Development of bicycle travel facilities. tion and control to the extent asserted, and the provisions of this chapter shall govern, except as 16. Employer incentives regarding ride share provided in this chapter, until jurisdiction is surprograms. rendered by the department to such county or 17. Modification of work schedules. region. 18. Strategies for controlIing the generation of C . Portable sources under jurisdiction of the air pollution by nonresidents of nonattainment or department under subsection A, paragraph 6 of this maintenance areas. section may be required to file notice with the 19. Use of alternative fuels. director and the control officer who has jurisdic20. Use of emission control devices on public tlon over the geographic area that incIudes the new diesel powered vehicles. location before beginning operations at that new location. 2 1. Paving of roads. D. Notwithstanding any other law, a permit is22. Restricting off-road vehicle travel. sued to a state regulated source shall include the 23. Construction site air pollution control. emission standard or standard of performance 24. Other air quality control measures. adopted pursuant to 5 49-479, if such standards H. Each regional planning agency shall consult are more stringent than those adopted by the diwith the department of transportation to coordirector and if such standards are specifically identinate the plans developed pursuant to subsection E fied a s applicable to the permitted source or a of this section with transportation pIans developed component of the permitted source. Such stanby the department of transportation pursuant to dards shall be applied to sources identified in subany other law. section A, paragraph 2, 3, 4 or 5 of this section only Added as 4 36-1706 by Laws 1967, Ch. 2, 5 9. Amended if the standard is formally proposed for adoption as by Laws 1969, Ch. 53, 5 17; Laws 1970, Ch. 164, 3 28, part of the state implementation plan. eff. May 18, 1970; Laws 1971, Ch. 190, 3 12; Laws 1973, E. The regional planning agency for each counCh. 158, 5 201; Laws 1982, Ch. 259, 5 2; Laws 1986, Ch. 319, 5 2, eff. Jan. 1, 1987. Renumbered as 4 49-402 ty which contains a vehicle emissions control area by Laws 1986, Ch. 368, 4 37, subsec. B, eff. July 1, 1987. shall develop plan revisions containing transportaAmended by Laws 1987, Ch. 317, § 35, eff. Aug. 18, 1987, tion related air quality control measures designed retroactively effective to July 1, 1987; Laws 1992, Ch. to attain and maintain primary and secondary am299, 3 8, eff. Sept. 1, 1993; Laws 199A, Ch. 353, 5 21, eff. Apn126, 1994; Laws 1999, Ch. 295, 3 41. bient air quality standards as prescribed by and 1 Section 49-541 et seq. within the time frames specified in the clean air 2 Sechon 49-471 et seq. act. In developing the plan revisions, the regional planning agency shall consider all of the f6llowing: 1. Mandatory employee parking fees. 8 49-403. Repealed by Laws 1988, Ch. 252, 3 16, eE. Nov. 2, 1992 2. Park and ride programs. 3. Removal of on-street parking. 9 49-4'04. State implementation plan 4. Ride share programs, A. The director shall maintain a state irnple5. Mass transit alternatives. mentation plan that provides for implementation, 6. Expansion of public transportation systems. maintenance and enforcement of national ambient 7. Optimizing heeway ramp metering. air quality standards and protection of visibility as 8. Coordinating traffic signaI systems. required by the clean air act. 9. Reduction of traffic congestion at major inB. The director may adopt rules that describe tersections. procedures for adoption of revisions to the state implementation plan. 10. Site specSc transportation control measures. C. The state implementation plan and d revisions adopted before September 30, 1992 remain 11. Reversible lanes. in effect according to their terms, except to the 12. Fixed lanes for buses and carpools. extent otherwise provided by trle clearr Gr act, 13. Encouragement of pedestrian travel. inconsistent with any provision of the clean air act, 14. Encouragement of bicycle travel. Qr revised by the administrator. No control re22 5 quirement in effect, or required to be adopted by an order, settlement agreement or plan in effect, before the enactment of the clean air act in any area which is a nonattalnment or maintenance area for any air pollutant may be modified after enactment in any manner unless the mohfication insures equivalent or greater emiss~onreductions of the air pollutant. The director shall evaluate and adopt revisions to the plan in conformity with federal regulations and guidelines promulgared by the administrator for those purposes unhl the rules required by subsection B are effective. Added by Laws 1992, Ch. 299, 3 9. Amended by Laws 1999, Cll. 295, 5 42. A. The governor may designate the sratus and classification of areas of this state with respect to attainment of national ambient air quality standards. B. The director shall adopt rules that both: 1. Describe the geographic extent of attainment, nonattainment or unclassifiable areas of this state for all pollutants for which a national ambient air quality standard exists. 2. Establish procedures and criteria for changing the designations of areas h a t include all of the following: (a) Technical bases for proposed changes, including ambient air quality data, types and distributions of sources of air pollution, population density and projected population growth, trans. portation system characteristics, traffic congestion, projected industrial and commercial development, meteorology, polIution transport and political boundaries. (b) Provisions for review of and public comment on proposed changes to area designatioions. (c) All area designations adopted by the adrninistrator as of May 30, 1992. the development of a nonattainment or maintenance area plan for rh-at area. B. For any ozone, carbon monoxide or particulate nonattainment or maintenaiice area for which no metropolitan planning organization exists, the department shall be certified as the agency responsible for developmenr of a nonattainment or maintenance area plan for that area. C. For any ozone, carbon monoxide or particulate nonattainment or maintenance area, the department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of bansportation shall, by November 15, 1992, and from time to time as necessary, jointly review and update planning procedures or develop new procedures. D. In preparing the procedures described in subsection C of this section, the department, the planning agency certified pursuant to subsection A of t h section on behalf of elected officials of affected local government, the county mr pollution control department or district, and the department of transportation shall determine which elements of each revised implementation plan will be developed, adopted, and implemented, through means including enforcement, by the state and which by local governments or regional agencies, or any combination of local governments, regional agencies or the state. E. The department, the planning agency certified pursuant to subsection A of this section on behalf of elected officials of affected local government, the county air pollution control department or district, and the department of transportation shall enter into a memorandum of agreement for the purpose of coordinating the implementation of the procedures described in subsection C and D of this section. Added by Laws 1992, Ch. 299, 3 9. P. At a minimum, the memorandum of agreement shall contain: 5 49406. I. The relevant responsibilities and authorities of each of the coordinating agencies. Nopaattainment area plan A. For any ozone, carbon monoxide or partic2. As appropriate, procedures, schedules and d a t e nonattainment or maintenance area the govresponsibilities for development of nonattainment shall certify the metropolitan planning orand O r mAntenance area plans or plan ganization designated to conduct the continuing, cooperative and comprehensive transportation for reasonable Progress. p l a n i i g process lor that area under 23 United 3. Assurances for adequate plan implementaStates Code 5 134 as the agency responsible for tion. 226 ' - ticu~hich the ;panlain. ticu. dent to cted untY I the 2ber arY, 3 or in the In A of ion ent ,nts vel111s by InY 2nrtion n 80 ,ug/m3) 24-hr. 3-hr. (> 365 pg/m3) (> 1300 pglm3) No. of 1-hr. Samples Jones Ranch23 2000 11 133 895 0 0 0 8554 1999 8 152 897 0 0 0 8582 1998 10 123 840 0 0 0 8738 1997 10 138 820 0 0 0 8750 1996 11 146 593 0 0 0 8774 1995 8 122 433 0 0 0 8760 1994 8 166 527 0 0 0 8760 1989 15 136 750 0 0 0 8760 1988 17 172 723 0 0 0 8760 1987 17 313 2073 0 0 1 8760 1986 17 150 540 0 0 0 8760 1985 36 368 2537 0 1 6 8760 1984 42 688 4637 0 4 12 8754 1983 31 350 5139 0 1 6 7450 1982 76 99 1 7556 0 17 33 8370 1981 76 1084 6177 0 9 22 86 14 1980 30 563 3993 0 5 11 8584 1979 79 1501 7394 0 17 46 8596 1978 64 985 4565 0 2 2 80 12 23 Data prior to 1981 was recorded at the state operated Jones Ranch monitor 22 Table 3.3 - SO, Ambient Air Quality Monitoring Data (pg/m3) Year Annual Ave. 24-Hour Max 3-Hour Max Number of Exceedances Annual 24-hr. 3-hr. (> 80 kg/m3) (> 365 pg/m3) (> 1300 pg/m3) No. of 1-hr. Samples Jones Ranch, con'P4 1977 84 1285 5737 1 2 2 807 1 1976 56 767 4450 0 2 2 8044 1975 51 2642 8900 0 2 2 806 1 1974 170 1785 5992 1 10 19 1096~' Ridgeline 2000 16 70 309 0 0 0 8423 1999 13 65 200 0 0 0 8264 1998 8 40 175 0 0 0 8347 1997 5 92 524 0 0 0 8082 1996 8 110 338 0 0 0 7972 1995 10 89 244 0 0 0 7972 Townsite 2000 8 76 483 0 0 0 8776 1999 8 72 263 0 0 0 8754 1998 2 28 210 0 0 0 8739 1997 3 57 417 0 0 0 8748 1996 5 65 360 0 0 0 8776 1995 6 56 280 0 0 0 8760 1994 4 42 273 0 0 0 8760 1993 4 58 237 0 0 0 8760 1992 4 52 383 0 0 0 8760 1991 5 64 453 0 0 0 8760 1990 4 54 430 0 0 0 8760 24 Data prior to 1984 was recorded at the state operated Jones Ranch monitor. 25 Monitor was in operation part of the year. 23 Table 3.3 - SO, Ambient Air Quality Monitoring Data (pg/m3) Year Annual Ave. 24-Hour Max 3-Hour Max Number of Exceedances Annual (> 80 &m3) 24-hr. 3-hr. (> 365 pg/m3) (> 1300 ,ug/m3) No. of 1-hr. Samples Townsite, con't 1989 7 61 387 0 0 0 8760 1988 9 64 5 13 0 0 0 8760 1987 14 70 493 0 0 0 8760 1986 17 100 260 0 0 0 8760 1985 20 270 1690 0 0 1 8760 1984 29 360 2083 0 0 1 8784 1983 12 423 3320 0 1 1 5304 1982 30 790 3380 0 4 11 NIA 1981 45 360 1800 0 0 3 NIA 4.0 SO2 EMISSIONS INVENTORY F O R POINT, AREA AND MOBILE SOURCES Emissions inventories from all sources in the Miami nonattainment area indicate that although there are other sources of SO, emissions, the Miami smelter is the primary source for SO, emissions and comprises more than 99 percent oftotal SO, emissions in the area. Data shows that no other point, area or mobile sources have contributed or contribute to the same levels of SO, in the Miami nonattainment area. Emissions units and rates, and derivation ofmobile and area source emissionsfor the nonattainment area are described in Section 4.1 through Section 4.3 below. 4.1 SO, Point Sources within the Miami nonattainment area Five point sources are located within the Miami nonattainment area. Point source locations are illustratedin Figure 4.1. Attainment year inventories for these sources are presented in Table 4.1. Unless otherwise indicated,all 24-hour inventories are averages based on the number of operatinghours for each respective year. Table 4.1 - Actual SO, Emissions for Miami Nonattainment Area - Point Sources Source Name: 1999 2000 24 Hr. (tpd) <1 <1 Annual (tpy) <1 <1 24 Hr. (tpd) <1 <1 Annual (tpy) <1 <1 24 Hr. (tpd) 0 0 Annual (tpy) 0 0 24 Hr. (tpd) <1 <1 Annual (tpy) 7 4 24 Hr. (tpd) 22 21 Annual (tpy) 7,8 19 6,810 24 Hour Total (tpd): < 23 < 22 Annual Total (tpy): 7,826 6,814 BHP Copper Pinto Valley Unit BHP Copper Miami Unit Carlota Copper Company Phelps-Dodge Miami Mine Phelps-Dodge Miami Smelting Operati~ns*~ 26 24-hour inventories are a ton per day (tpd) average calculated by dividing the annual facility emissions by the number of operating days for each year. - -Figure4.1 L o c a t i o n o f A l l P o i n t S o u r c e s ~ ith i--~ m g ~ _ -.-& I --- =-. -= .= : the I ami SO2 Nonattainment Area and Major Point . . = > . Sources Within the 50 Kilometer Buffer g~&m-~~g - -. ,z==-e-s .=.,. =-*.= -.--..;-- .=.-.. -, . .=-- . .. . --.-.--. . ~-.~... - = .&= ~ -. . ~=-. -. v . . = x r * z - ~ - ~ - .- . G . F r-.=r-= .:= = -.,7 * - r p - Legend Phelps-Dodge Miami Smelter # SO2 Point Sources SO2 50 Kilometer Buffer Miami SO2 Nonattainment k e a N E Q Boundary Designation City Limits San Carlos Indian Reservation DISCLAIMER: This mapis for reference prrposesonly. A more detailed desaiptim ofthe dudy crea can be obtained by calling the kizonaDepattment of ,.,. -,:,,.. Enuronmental Quality. .,K ,, .; . ....>*.... . I . :'" -' m b r : C,Hadley .%#. :. q. Phme: (602) 207-2369 :~*i-. . I Filepath homeld13iso2hiani . m d Date: February 4,2002 Location Map 4.1.1 BHP Copper, Pinto Valley An integrated copper production facility, BHP Copper, Pinto Valley, is an open pit sulfide ore mining and milling operation where copper sulphide ore is prepared for smelting and refining. Additional activities include, oxide ore heap leaching and solvent extraction-electrowinningoperations. The primary source of SO, emissions from this facility are natural gas and diesel burning equipment that includes generators and boilers. Permits for the mine require the use of low sulfbr diesel, natural gas or propane in the generators, and the potential to emit (PTE) for all existing equipment is 6.035 tpywhen burning diesel, 0.08 tpy when burning natural gas, and 0.0 12tpy when burning propane. Actual emissions, are minimal, at less than one tpy. 4.1.2 BHP Copper, Miami East Unit This source is a mining and copper ore processing facility. The BHP Copper Miami Unit is an underground and open pit sulfide ore mining and oxide ore extraction operation. Currentlyproduction at the facility is limited to oxide ore solvent extraction-electrowinning operations. The primary source of SO, emissions fi-omthis facility are natural gas burning equipment that includes boilers. The pennit for the mine requires the use of low sulfur natural gas and limits the potential emissions fi-omall existing equipment to 0.03 tpy of SO,. 4.1.3 Carlota Copper Company Mine This proposed facility is expected to include three open pits, three mine rock storage areas, a primary and secondary crusher, and a solvent extraction-electrowinningfacility. Mine operations will include drilling, blasting, loading, transport, extraction and stripping of the mined ore. The primary source of SO, emissions form this facility will be from burning diesel fuel in generators and a boiler. The total PTE for this facility is 1.22 tpy. The permit limits the hours of operation for the generator engines (438 hrslyr.), the boiler (6,000 hrslyr.) and the process rate for the entire facility (125,000 tpd and 22 MM tpy). 4.1.4 Phelps-Dod~eMiami Mine The Phelps-Dodge Miami Mine is a mining and copper ore processing facility that includes open pit oxide ore extraction operations. Currently production at the facility is limited to oxide ore solvent extraction-electrowinning operations. The primary source of SO, emissions from this facility are natural gas and diesel burning equipment that includes regular and emergency generators and boiler^.^' The permit for the mine lists potential to emit as 1.77tpy when burning natural gas, 227.5 tpy when burning &el oil with less than 0.5% sulfur content, and 24,09 tpy when burning fuel oil with less than 0.05% sulfur content.28 iI Per EPA policy for emergency generators, emission calculations are based on 500 hours of operation, and this is considered the "worst-case" scenal-io for use in one year. 28 As the calculations indicate, when burning fuel oil #2 (.5% sulfur content), there is a potential for SO2 emissions to be higher than the major source threshold of 100 tpy. This means that while burning this he1 oil, the source could potentially trigger major source permitting requirements. To avoid this, the source has voluntarily accepted facility-wide emissions limitations and Potential SO, emissions are listed at 149 tpy for boilers and 2.8 tpy for tankhouses, although actual emissions, are minimal, at 7.0 tpy. The permit, however, limits SO, emissions to 74.33 tpy for boilers and limits emissions from all existing equipment to 92.13 tpy. 4.1.5 Phelps-Dodge Miami Smelter Smelting and refining of copper ore at Phelps-Dodge Miami's primary copper smelter produces copper cathode as well as byproducts ofthe smeltingprocess (sulphuric acid and precious metals) for sale to customers. Copper rod is also produced at this location in a rod plant. Based on 2000 emissions data, the majority ofthis facility's emissions are from the following stack and fugitive units: acid plant tail gas stack; vent fume stack; emergency stack; and fugitive emissions from the lsasmeltBand electric furnace, converters, and anode refining. The maximum allowable annual average SO, emission rate for stacks was reduced from 3,163 l b s h to 604 Ibs/hr with recent revisions to AAC R18-2-7 15(F). The revisions also limited annual average emissions for combined stack and fugitive units to 2,420 l b s h or 10,368 In addition, the permit limits sulfur content and usage rates for fuel used in all fuel burning equipment. Emissions units and rates for Phelps-Dodge Miami smelter are detailed in Appendix B. 4.2 Major Point Sources within the 50 km Buffer Area In addition to the sources located within the nonattainment area, there are several SO, point sources within 50 kilometers of the Miami nonattainment area. There is no information to suggest that emissions from these sources have contributed to the same levels of SO, in the nonattainment area as the Miami smelter or that emissions fi-omthese sources could cause violations in the Miami nonattainment area. Attainment year inventories are provided in Table 4.2. The 24-hour inventories are a ton per day (tpd) average calculated by dividing the annual facility emissions by the number of operating days for each year. Table 4.2 - Actual SO, Emissions within 50km of the Miami Nonattainment Area Major Point Sources Source Name: 1999 2000 24 Hr. (tpd) 58 47 Annual (tpy) 21,081 15,934 24 Hour Total (tpd): 58 47 Annual Total (tpy): 21,081 15,934 ASARCO Hayden Smeltel-3O separate limit for the boilers 29 The original permit calculated the annual average limits based on 357 days of operation 30 24-hour inventories are a ton per day (tpd) average calculated by dividing the annual facility emissions by the number of operating days for each year. 4.2.1 ASARCO Hayden Smelter The Hayden primary copper smelter is located 46 kilometers south ofthe Miami smelter and is geographically separated from the Miami area by the 7,000 foot Pinal Mountains. The Hayden facility operates a flash furnace, converters, and other auxiliary equipment for smelting and refining of copper sulfide ore. AAC R18-2-7 15 limits smelter process and fugitive SO, emissions to 33,498 tpy. Actual emissions,however, are less than 23,000 tpy. In addition, the permit limits sulhr content and usage rates for fuel used in all fuel burning equipment. The ASARCO smelter is located in the Hayden SO, nonattainment area. A separate State Implementation and Maintenance Plan is being developed for the Hayden SO, nonattainment area and will include hrther details regarding this source. ADEQ anticipates submittal of the SIP to EPA in 2002. 4.3 Area, Mobile, and Total Sources Emissions for the nonattainment area were derived from EPA NET area and mobile source inventories for Gila County based on the assumption that area and mobile source emissions are proportionate to population levels. The Miami SO, nonattainment area population is estimated to be thirtyone percent ofthe Gila County population based on the aggregate population centers of Globe, Central Heights-Midland CDP, Claypool CDP and Miami. The remainder ofthe nonattainment area has a very low population density with low traffic levels and minimal commercial or industrial de~elopment.~' Data shows that there are no urban areas that might be significant area or mobile sources located within the Miami nonattainment area as illustrated in Table 4.3. Area and mobile sources combined were less than one percent of the total emissions during the attainment demonstration period. Table 4.3 - Actual SO, Emissions for Miami Nonattainment Area - All Sources 1999 2000 24 Hr. (tpd) <1 <1 Annual (tpy) 149 150 24 Hr. (tpd) < 23 < 22 Annual (tpy) 7,826 6,814 24 Hour Total (tpd): < 24 < 23 Annual Total (tpy): 7,975 6,964 Source Type:32 Area and Mobile33 Point 5I See Section 1.3.2 for a more detailed explanation of population data 32 Area and mobile source estimates are based on EPA's AIRDntn for Gila County. Point source estimates are based on ADEQ annual emissions inventory data. See Appendix B for a more detailed breakdown of area and mobile sources. 33 24-hour inventories are averages based on a 365 day distribution of emissions from these sources 4.4 Emissions Projections Arizona does not anticipate any substantial increase in existingpoint source emissions between 2000 and 20 15 for the nonattainment area. Should any growth occur due to construction of additional SO, point sources, ADEQ's permit program limits all en~issionsas part ofthe construction of new point sources or the upgrading of existing sources. 4.4.1 Point Source Proiections Projections for copper smelters are based on growth rates contained in the Western Regional Air Partnership (WRAP), Annex to the Report of the Grand Canyon Visibility Transport Commission, October 16,2000. This report notes that downward pressure on copper prices resulting fi-ominternational competition has resulted in a consolidation ofthe copper industry in the Southwestern United States. Consequently, no expansion of the industry is expected though 201 5.34The remaining sources have existing permits limiting their potential to emit to less than 100 tpy. Table 4.4 and Table 4.5 present projectedernissions for point sources within the nonattainrnent area and within 50 krn ofthe nonattainment b~undary.~' Table 4.4 -Projected SO, Emissions for Miami Nonattainment Area - Point Sources Source Name: BHP Copper, Pinto Valley Unit BHP Copper, Miami Unit Carlota Copper Company36 Phelps-Dodge Miami Mine3' 1999 2000 2005 2010 2015 24 Hr. (tpd) <1 <1 <1 <1 <1 Annual (tpy) <1 <1 <1 <1 <1 24 Hr. (tpd) <1 <1 <1 <1 <1 Annual (tpy) <1 <1 <1 ,4,4,5,5,5-decafluoropentane (HFC 43I Ornee); bb. Difluoromethane (HFC-32); cc. Ethylfluoride (HFC-I6 I); dd. 1,1,1,3,3,3-hexafluoropropane @EC-236fa); ee. 1,I ,2,2,3-pentafluoropropane (KFC-245ca); ff. 1,1,2,3,3-pentafluoropropane(HFC-245ea); gg. 1,1,I ,2,3-pentafluoropropane (HFC-245eb); hh. 1,1,I ,3,3-pentafluoropropane (HFC-245fa); ii. 1,1,1,2,3,3-hexafluoropropane(HFC-236ea); jj. 1,1,I ,3,3-pentafluorobutane (HFC-365mfc); kk. Chlorofluoromethane (HCFC-3 1); 11. 1 chloro-1 -fluoroethane (HCFC-15 1a); . mm. 1,2-dichloro-1,I ,2-trifluoroethane (HCFC-123a); nn. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90cH3); 00. 2-(difluoromethoxymethyl)-l,l,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF20CH3); pp. I -ethoxy- 1, l,2,2,3,3,4,4,4-nonafluorobutane (C4F90C2H~); qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)tCFCF20C2H5; rr. Methyl acetate; and ss. Perfluorocarbon compounds that fall into these classes: i. Cyclic, branched, or linear, completely fluorinated alkanes. ii. Cyclic, branched, or linear, completely fluornafed ethers with no unsaturations. iii. Cycle, branched, or linear, completely fluorinated tertiary amines with no unsaturations; or iv. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. 126. "Wood waste burner" means an incinerator designed and used exclusively for the burning of w w d wastes consisting of wood slabs, scraps, shavings, barks, sawdust or other wood material, including those that generate steam as a by-product. ' Historical Note Former Section R9-3-101 repealed, new Section X9-3101 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, paragraph (133) (Supp. 80-1). Editorial Supp. 02-1 correction, para-pph (58) (Supp. 80-2). Amended effectlve July 9, 1980. Amended by adding new para,pphs (24), (55), (102), and (I 15) and renumbering accordingly, effective August 29,1980 (Supp. 804). Amended effective May 28, 1982 (Supp. 82-3). Amended effective S e p tember 22,1983 (Supp. 83-5). Amended paragraph (133), added paragraph (156) and renumbered accordingly effecbve September 28,1984 (Supp. 84-5). Amended paragraph (29) by deleting (aa) and (bb) effectwe August 9, 1985 (Supp. 85-4). Former Section R9-3-101 renumbered wlthout change as R18-2-101 (Supp. 87-3). Amended paragraph (98) effective December I, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15,1993 (Supp. 93-4). Amended effective June 10, 1994 (Sup?. 94-2). Amended effective October 7, 1994 (Supp. 94-4). Amended effective February 28,1995 (Supp. 95-1). Amended effective August 1,1995 (Supp. 95-3). Amended effective January 3 1,1997; filed with the Office of Secretary of State January 10, 1997 (Supp. 97I). Amended effechve June 4,1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Incorporated Materials 8218-2-102. The following documents are incorporated by refaence and are on file with the Office of the Secretary of State and the Department: 1. The Department's "Arizona Testing Manual for Air Pollutant Emissions", amended as of March 1992 (and no future editions). 2. A11 ASTM test methods referenced in this Chapter as of the year specified in the reference (and no future amendments). They are available from the American Society forTesting and Materials, 1916 Race St., Philadelphia, PA 19103-1187. 3. 'The U.S. Government Printing Office's "Standard Indushial Classification Manual, 1987" (and no future editions). Historical Note Adopted effective September 26,1990 (Supp. 90-3). Amended effective February 3,1993 (Supp. 93-1). Amended effective November 15,1993 (Supp. 93-4). Amended effective June 10,1994 (Supp. 94-2). Amended effective December 7,1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Rl8-2-103. Applicable Implementation Plan; Savings No rule adopted in this Chapter shall preempt or nullify any applicable requirement or emission standard in an applicable implementation plan unless the Director revises the applicable implementation plan in conformance with the requirements of 40 CFR 5 1, Subpart F,and the Administrator approves the revision. Historical Note Adopted effective September 26,1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, I993 (Supp. 93-4). ARTICLE 2. AMBlENT A I R QUALITY ST.ANDARTPS;AREA DESIGNATIONS;CLASSIFICATIONS R18-2-201. Particulate matter A. The primary ambient air quality standards for particulate matter are: 1. 50 micrograms per cubic meter of PMlO - annual arithmetic mean concentration. Page I4 March 3 1,2002 " C . The provisions of subsection (A) shall not apply to any of the following: I. The annual and quarterly standards. 2. The standards for ozone prescribed in R18-2-203. 3. The primary and secondary 24-hour PMI 0 standards prescribed in R18-2-201. Historical Note Adopted effective May 14, 1979 (Supp. 79- 1). Former Section R9-3-218 repealed, new Section R9-3-218 adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-218 renumbered without change as Section R18-2-218 (Supp. 87-3). Former Section R18-22 19 renumbered to R18-2-220, new Section R18-2-219 renumbered fiom R18-2-2 18 and amended effective S e p tember 26, 1990 (Supp. 90-3). 2. W18-2-220. Air pollution emergency episodes A. Procedures shall be implemented by the Director in order to prevent the occurrence of ambient air pollutant concentrations which would cause significant harm to the health of persons, as specified in subsection (B)(4). The procedures and actions required for each stage are described in the Department's "Procedures for Prevention of Emergency Episodes", amended as of October 18, 1988 (and no future edition), which is incorporated herein by reference and on file with the Office of the Secretary of State. B. The following stages are identified by air quality criteria in order to provide for sequential emissions reductions, public nobfication and increased Department monitoring and forecast responsibilities. The declaration of any stage, and the area of the state affected, shall be based on air quality measurements and meteorological analysis and forecast. Pollutant Carbon monoxide (~W) Nitrogen dioxide (ug/m3) Ozone (ppm) PMl 0 tug/&) Sulfur dioxide (ugid) Averaging Time 1-hr 4-hr 8-hr 1-hr 24-hr I -hr 24-hr 24-hr 1. 3. 4. A Stage I air pollution alert shall be declared when any of the alert level concentrations Iisted in subsection (B)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of alert level concentrations for the same pollutant during the subsequent 24-hour period. If, 48 hours after an alert has been initially declared, airpolIution concentrations and meteorolo@cal conditions do not improve, the warning stage con&oI actions shall be implemented but no warning shall be declared, unless air quality has deteriorated to the extent described in subsection (8)(2). A Stage II air polIution w-ng shall be declared when any of the warning level concentrations listed in subsection (B)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of concentrations of the same polIutant exceeding the warning Ievel during the subsequent 24-hour period. If, 48 hours after a warning has been initially declared, air pollution concentrations and meteorological conditions do not improve, the emergency stage shall be declared and its control actions implemented. A Stage 111 air pollution emergency shall be declared when any of the emergency level concentrations listed in subsection @)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of concentrations of the same pollutant exceeding the emergency level during the subsequent 24-hour period. Summary of emergency episode and significant harm Ievels: Warning Emergency Significant Harm - - - 144 17 1,130 282 2 350 800 34 2,260 565 .4 420 1,600 46 3,000 750 .5 500 2,100 57.5 3,750 938 .6 600 2,620 Alert% - 86.3 Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Editorial correction, subsection (B), paragraph (2) (Supp. 80-1). Editorial correction, subsection (A) (Supp. 80-2). Former Section R9-3-219 repealed, new Section R9-3-219 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-219 renumbered without change Section R18-2-219 (Supp. 87-3). Setion R18-2-220 renumbered &om R18-2-219 and amended effective September 26,1990 (Supp. 90-3). 3. ARTICLE 3. PERMITS AND PERMIT REVISIONS R18-2-301. Definitions The foilowing definitions, and the definitions contained in Article 1 of this Chapter and A.R.S. 8 49401.01 apply to this Article unless the context otherwise requires: 1. "Alternative method" means any method of sampling and andying for an air pollutant which is not a reference or equivalent method but which has been demonstrated to produce results adequate for the Director's determination of compliance in accordance with R18-2-3 ll(D). 2 "Billable permit action" means the issuance or denial of a significant permit revision, or minor permit new revision, or the renewal of an existing permit March 31,2002 Page 19 "Capacity factor" means the ratio of the average load on a machne-or equipment for the period of time considered to the capacity rating oF&e machine or equipment. "CEW means a continuous emission monitoring system a s defmed in R18-2-101. "Complete" means, in reference to an application for--a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Director &om requesting or accepting any additional information. "Dispersion technique" means any technique which attempts to affect the concenGition of a pollutant in the ambient air by any of the following: Supp. 02-1 Title 18: Ch. 2 Arizona Administrative Code Department of Environmental Quality - Air Pollution C o n ~ o l Using that potion of a stack which exceeds zood engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutan~or c. Increasing final exhaust gas plume nse by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases fiom several existing stacks into 1 stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume nse. This shall not include any of the following: i. The reheating of a gas stream, folIowing use of a polluhon control system, for the purpose of retiming the gas to the temperature at which it was originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was cam'ed out for sound' economic or engineen'ng 'reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an inc~easein the of pollutants actually emitted prior to the merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of such merging in calculating the allowable ernissions for the source iii. Smoke management in agricultural or silviculturd prescribed burning programs. iv. Episodic restrictions on residential woodbuming and open burning. t.. Techniques which increase find exhaust gas plume rise where the resulting allowable emissions of s u l k dioxide from the facility do not exceed 5,000 tons per year. "Emissions allowable under the permit" means a permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an emissions cap that the source has assumed to avoid an appIicable requirement to which the source would otherwise be subject a Sllpp. 02-1 Page 20 "Fossil fuel-fired steam generator" means a furnace O K ? ~ boiler used in the process of burning fossil fuel for th&: primary purpose of producing steam by heat transfer. 9. "Fuel oil" means Number 2 through Number 6 fuel oils specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in A S W D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90a (Specification for Diesel Fuel Oils). 10. "Itemized bill" means a breakdown of the permit processing time into the categories of pre-application activities, compIeteness review, substantive review, and public involvement acfivities, and within each category, a fixther breakdown by employee name. I I . "Major source threshold" means the lowest applicable emissions rate for a pollutant that would cause the source to be a major source at the particular time and location, under subsection RI 8-2-101(64). 12. "NAICS" means the 5 or 6-digit North American Industry Classification System-United States, 1997, number for industries used by the U.S. Department of Commerce. 13. "Permit processing time" means all time spent by Air Quality Division staff or consultants on tasks specifically related lo the processing of an application for the issuance or renewal of a particular permit or permit revision, including time spent processing an application that i s denied. 14. "Quantifiable" means, with respect to emissions, including the emissions involved in equivalent emission limits and emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in. terms of character. Quantification may be based on emis-' sion factors, stack tests; monitored values, operating rates and averaging times, materials used in a process or production, modeling, or other reasonable measurement practices. 15. "Reasonably available control technologyn (RACT) means, for facilities subject to an existing source performance standard, the emissions limitation of the existing source performance standard 16. 'Xeplicable" means, with respect to methods or procedures, suf5cientIy unambiguous that the same or equivalent results would be obtained by the appIication of the method or procedure by different users. 17. "Responsible official" means 1 of the following: a For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of 1 or more manufactun'ng, production, or operating facilities applying for or subject to a permit and either: i. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in 2nd quarter 1980 doll*^); or ii. The delegation of authority to such representatives is approved in advance by the permitting authority; b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively, c. For a municipality, state, federal, or other public agency: Either a principal executive officer or rank- 8. March 31,2002 Arizona Administrative Code Department of Environmental Quality - Air Pollution Coni~ol ing elected official. For the purposes of this AmcIe, a princ~palexecutive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or d. For affected sources: i. The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and ii. The designated representative for any other purposes under 40 CFR 70. 18. "Small source" means a source with a potential to emit, without controls, less than the rate defined as significant in Rl8-2-101, but required to obtain a permit solely because it is subject to a standard under 40 CFR 63. 19. "Startup" means the setting in operation of a source for ' any purpose. 20. "Synthetic minor" means a source with a permit that contains voluntarily accepted emissions limitations, controls, or other requirements (for example, a cap on production rates or hours of operation, or limits on the type of fuel) under R18-2-306.01 to reduce the potential to emit to a level below the maior source threshold. Historical Note Former Section R18-2-301 renumbered to R18-2-302, new Section R18-2-301 adopted effective September 26, 1990 (Supp. 90-3). Correction to table in subsection (.4)(13) (Supp. 93-1). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective Aupust 1, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1,2002 (Supp. 014). RlS-2-302. Applicability; Classes of Permits A. Except as otherwise provided in this Article, no person shall commence construction of, operate, or make a modification to any source subject to regulation under this Article, without obtaining a permit or permit revision f?om the Director. B. There shall be 2 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. Any solid waste incinerapon unit required to obtain a permit pursuant to Section 129(e) of the Act, c. Any affected source, or d. Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Director by rule. 2. Unless a Class I permit is required, a Class JJ permit shall be required for: a A person to commence construction of or operate any of the foilowing: i. Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act; 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 solefy because it is March 3 1,2002 Title 18, Ch. 2 subject to replations or requirements under Section 1 12 (r) of the ACS iii. Any source that emits or has the potential to emit, without controls, significant quantities of replated air pollutants; iv. Stationary rotating machinery of greater than 325 brake horsepower; or v. Fuel-burning equipment which, at a location or property other than a 1 or 2 family resisdence, is fired at a sustained rate of more than 1 million Btu per hour for more than an 8-hour period. b. A person to m o d i e 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 speciiied in subsection (B)(2)(a)(iii). C. Notwithstanding subsections (A) and (B), the following sources do not require a permit unless the source is a major source, or unless operation without a permit would result in a violation of the Act: I . Sources subject to 40 CFR 60, Subpart M ,Standards of Performance for New Residential Wood Heaters; 2. Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR 61.145: and 3. Agricultural equipment used in normal farm operations. "dgricu~turalequipment used in normal farm operations" does not include equipment classified as a source that requires a permit under Title V of the Act, or that is subject to a standard under 40 CFR 60 or 61. D. No person may construct or reconstruct any major source of hazardous air pollutants, unless the Director determines that maximum achievable control technology emission limitation (MACT) for new sources under Section 112 of the Act will be met If lMACT 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 R18-2-I101(B). For purposes of this subsection, constructinq and reconstructing a major source shall have the meaning pr&.cnbed in 40 cFR-63.41-Historical Note Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10,1976 (Supp. 76-3). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-301 repealed, new Section R9-3-301 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9,1980 (Supp. 80-4). Amended effective May 28,1982 (Supp. 82-3). Amended subsections (B) and (C) effective September 22, 1983 (Supp. 83-5). Amended subsection (B), paragraph (3) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-301 renumbered without change as Secrion R18-2-3G1 (Supp. 87-3). Former Section R18-2-302 renumbered to R18-2-302.01, new Section R18-2-302 renumbered h m R18-2-301 and amended effective September 26,1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). --. Historical Note Amended effective August 7, 1975 (Supp. 75-1); Former . Section R9-3-302 repealed, new Section R9-3-302 Supp. 02-1 Title 18, Ch. 2 Arizona Adminisrratrte Code Department of Environmental Quality - .4ir Pollution Control adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective October 2, 1979 (Supp. 79-5). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 28,1982 (Supp. 82-3). Former Section R9-3-302 renumbered without change as Section R18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section Rl8-2-302 and amended effective September 26, 1990 (Supp. 90-3). Section repealed effective November 15,1993 (Supp. 93-4). RlS-2-303. Transition from Installation and Operating Permit Program to Unitary Permit Program A. An installation or operating permit issued before September I, 1993, and the authority to operate, as provided in Laws 1992, Ch. 299, 65, continues in effect until either of the following occurs: 1. The installation or operating pennit is temmated. 2. The Director issues or denies a Class I or Class I1 permit to the source. 3- Sources requiring Class I permits that are in existence on the date this Section becomes effective shall submit permit applications on or before the following dates: 1. Kraft pulp mills 5/1/94 2. Metallic mineral processing plants 5/1/94 3. Portland cement plants 811194 4. Non-metallic mineral processing plants 8/1/94 811194 5. Lumber mills 6. Primary copper smelters 11/1/94 7. Lime manufacturing plants 11/1/94 8. Nitric acid plants 11/1/94 9. Petroleum refineries 11/1/94 10. Electric utility steam generating units 2/1/95 11. Combined cycle gas turbines 2/1/95 . 12. Fossil-fuel fired industrial and commercial equipment 2 1I95 13. Stationary gas turbines 5/1/95 14. Any other source requiring a Class I permit 5/1I95 C. Except as provided in subsection (D), sources requiring CIass I1 permits that are in existence on the date this Section becomes effective may submit permit applications at any time after this Section is effective and shall submit applications within 180 days of receipt of Written notice from the Director that an application is required. D. All sources requiring a Class 11 permit under R18-2302(B)(2)@)(i) and (ii) shall submit complete permit applications no later than May 1, 1998. E Any application for an operating permit or an installation permit that is determined to be complete prior to the effective date of this Section but for which no permit has been issued shall be considered complete for the purposes of this Section. In issuing a permit pursuant to such an application, the Director shall include in the permit ail elemenrs addressed in the application and a schedule of compliance for submitting an application for a pennit revision to address the elements required to be in the permit that were not included in the operating permit or installation permit application. No later than 6 months after the effective date of this Section, the Director shall take final action on an operating permit application or an installation perm~tapplication determined to be complete prior to the effective date of this Section. F. Unless othenvise provided, R18-2-3 17 through R18-2-323 shall apply to sources with permits issued before the effective date of this Secbon. Supp. 02- 1 Histor-cal Note Amended effective August 7, 1975 (Supp. 75-1). Amended effective August 6,1976 (Supp. 76-4). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective May 14,1979 (Supp. 79-1). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective October 2,1979 (Supp. 79-5). Amended effective May 28,1982 (Supp. 82-3). Amended subsection (D), paragraph (I) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-303 renumbered without change as Section R18-2-303 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). R18-2-304. Permit Application Processing Procedures A. Unless otherwise noted, this Section applies to each source requiring a Class I or II permit or permit revision. B. Standard Application Form and Required Information- To apply for any permit in this Chapter, applicants shall complete the "Standard Permit Application Form" and supply all information required by the "Filing Instructions" a s shown in Appendix 1. The Director, either upon the Director's own initiative or on the request of a permit applicant, may waive a requirement that specific information or data be submitted in the application for a Class I1 permit for a particular source or category of sources if the Director determines that the information or data would be unnecessary to determine all of the followiTlg: 1. The applicable requirements to which the source may be subject; 2. That the source is so designed, controlled, or equipped with such air pollution control equipment that it may be; expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of A.R.S. Title 49, Chapter 3, Article 2 and this Chapter; 3. The fees to which the source may be subject; 4. A proposed emission limitation, control, or other require- , ment that meets the requirements of Rl8-2-306.01. C- Unless otherwise required by R18-2-303@) through @), a timely application is: 1. For a source, other than a major source, applying for a permit for the 1st time, one that is submitted within 12 months after the source becomes subject to the permit program2. For purposes of permit renewal, a timely application is one that is submitted at least 6 months, but not more than I8 months, prior to the date of pennit expiration. 3. For initial phase II acid rain permits under Title IV of the Act and regulations incorporated pursuant to R18-2-333, one that is submitted to the Director by January I, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides. 4. Any source under R1X-2-326@)(3) which becomes subject to a standard promulgated by the Administrator pursuant to Section 112(d) of the Act shall, within 12 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 alternative emission limit, a source may, in its application, propose an emission limit that is equivalent to the emission limit otherwise appIicable to the source under the applicable implementation plan. The source shall also demonstrate that the equivalent limit is quantifiable, accountable, Page 22 March 31,2002 Arizona Adminisrpati~eCode Department of Environmental Quality - Air Pollution Control enforceable, and subject to replicable compliance determination procedures. E. A complete application shall comply with all of the foIlowing: 1. To be complete, an application shall provide all information required by subsection @) (standard application form section). An application for permit revision only need supply information related to the proposed change, unless the source's proposed permit revision will change the permit from a CIks I1 permit to a Class I permit. A responsible official shall certify the submitted information consistent with subsection (H) (Certification of .Truth, Accuracy, and Completeness). 2. An application for a new permit or permit revision shall contain an assessment of the applicability of the requirements of Article 4 of this Chapter. If the applicant determines that the proposed new source is a major source as defined in R18-2-401, or the proposed permit revision constitutes a major modification as defined in R18-2-101, then the application shall comply with all applicable requirements of Article 4. 3. An application for a new permit or a permit revision shall contain an assessment of the applicability of the requirements established pursuant to A.RS. § § 49-426.03 and 49-426.06. If the applicant determines that the proposed new source permit or permit revision is subject to the requirements of A.R.S. $ 49-426.03 or § 49-426.06, the application shalI comply with all applicable requirements promulgated under those sections. 4. Except for proposed new major sources or major modifications subject to the requirements of Article 4 of this Chapter, an application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete unless, within 60 days of receipt of the application, the Director notifies the applicant by certified mail that the application is not complete. 5. If a source wishes to voluntarily enter into an emiisions limitation, conWol, or other requirement pursuant to Rl82-306.01, the source shall describe that emissions limitation, control, or other requirement in its application, along with proposed associated monitoring, recordkeep ing, and reporting requirements necessary to demonskate that the emissions limitation, control, or other requirement is permanent, Quantifiable, and otherwise eniorceable as a practical matter. 6. If, while processing an application that has been determined or deemed to be complete, the Director determines that additional information is necessary to evaluate or take final ation on that application, the Director may request such information in writing, delivered by certified mail, and set a reasonable deadline for a response. Except for minor permit revisions a s set forth in R18-2-319, a source's ability to continue operating without a permit, as set forth in this Article, shall be in effect &om the date the application is determined to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Director. If the Director notifies an applicant that its application is not complete under subsection (E)(4), thd application may not be deemed automatically complete until an additional 60 days after receipt of the next submittal by the applicant. The Director may, after 1 submittal by the applicant pursuant to this subsection, reject an application that is determined to be till incomplete and shall notify the applicant of the decision by certi5ed mail. After a rejection under this subsection, the Title 18, Ch. 2 Director may deny the permit or revoke an existing permit, as applicable. 7. The completeness determination shall not apply to rev]sions processed through the minor permit revision process. 8. Activities which are insignificant pursuant to R18-2101(57) shall be listed in the application. The application need not provide emissions data regarding insign~ficant activities. If the Director determines that an activity listed as insipnificant does not meet the requirements of R18-2101(57), the Director shall notify the applicant in writing and specify additional information required. 9. 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 otherkse applicable requirements, the permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable - and enforceabIe. 10. The Director is not in disagreement with a notice of confidentiality submitted with the application pursuant to A.R.S. $49-432. F. A source applying for a Class I permit that has submitted information with an application under a claim of confidentiality pursuant to A.RS. $49-432 and R18-2-305 shall submit a copy of such information directly to the AdminisBator. G . Duty to Supplement or Correct Application Any applicant who fails to submit any relevant facts or who has submitred incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptlfsubmit such supplementq facts or corrected information. In addition, an au~licant shall urovide additional infor.mation as necessary to address any requirements that become applicabIe to the source after the date it filed a complete application but prior to release of a proposed permit. H. Certification of Truth, Accuracy, and Completeness. Any application form, report, or compliance certification submitted pursuant to this Chapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this Article shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are me, accurate, and complete. I. Action on Application. 1. The Director shall issue or deny each permit according to the provisions of A.R.S. § 49-427. The Director may issue a permit with a compliance schedule for a source that is not in compliance with all applicable requirements at the time of permit issuance. 2. In addition, a permit may be issued, revised, or renewed only if all of the following conditions have been met: a The application received by the Director for a permit, permit revision, or permit renewal shall be complete according to subsection (E). b. Except for revisions qualifying as administrative or minor under R18-2-3 18 and R18-2-319, all of the requirements for public notice and participation under R18-2-330 shall have been met c. For Class I permits, the Director shall have complied with the requirements of R18-2-307 for notifying and responding to afiected states, and if applicable, other notification requirements of R18-2-402@)(2) and R18-2-410(C)(2). Page 23 Title 18, Ch. 2 Arizona Administrative Code Department of Environmental Quality -Air Pollution Control For Class I and I1 permits, the conditions of the permit shall require compliance with all applicable requirements. e. For permits for which an zpplication is required to be submitted to the Administrator under R18-2307(A), and to which rhe Xdminismtor has properly objected to its issuance in writing within 45 days of receipt of the proposed find permit and all necessary supporting information from the Department, the Director has revised and submitted a proposed final permit in response to the objection and EPA has not objected to this proposed final permit. i. For permits to which the Administrator has objected to issuance pursuant to a petition filed under 40 CFR 70.8(d), the administrator's objection has been resolved. g. For a Class I1 permit that contains voluntary emission limitations, controls, or other requirements established pursuant to Rl8-2-306.01, the Director shall have complied with the requirement of R18-2306.01(C) to provide the Administrator with a copy of the proposed permit. 3. If the Director denies a permit under this Section, a notice shall be served on the applicant by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the denial and a statement that the permit applicant is entitled to a hearing. 4. The Director shall provide a statement that sets forth the legal and factual basis for the proposed permit conditions including references to the applicable statutory or regulatory provisions. The Director shall send this statement to any person who requests it and, for Class I permits, to the Administrator. 5. Except as provided in R18-2-303 and R18-2-402, regulations promulgated under Title W or V of the Act, or the permitting of affected sources under the acid rain program pursuant to R18-2-333, the Director shall take finaI action on each permit application (and request for revision or renewal) within 18 months after receiving a complete application. 6. Priority shall be given by the Director to taking action on applications for construction or modification submitted pursuant to Title I, Parts C (Prevention of Significant Deterioration) and D (New Source Review) of the Act. 7. A proposed permit decision shall be published within 9 months of receipt of a compIete application and any additional information requested pursuant to subsection (E)(6) to process the application. The Director shall provide notice of the decision as provided in R18-2-330 and any public hearing shall be scheduled as expeditiously as possible. Requirement for a Permit. Except a s noted under the provisions in R18-2-317 and R18-2-319, no source may operate after the time that it is required to submit a timely and compIete application, except in compliance with a permit issued pursuant to this Chapter. However, if a source under R18-2326(B)(3) submits a timely and complete application for continued operation under a permit revision or renewal, the source's failure to have a permit is not a violation of this k t i cIe until the Director takes final action on the application. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by the deadline specified in writing by the Director, any additional information identified a s being needed to process the application Historical Note Amended effective August 7,1975 (Supp. 75-1). Former Section R9-3-304 repealed, new Section R9-3-304 formerly Section R9-3-305 renumbered and amended effective August 6, 1976 (Supp- 76-4). Former Section R9-3304 repealed, new Section R9-3-304 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2,1979 (Supp. 79-5). Former Section R9-3-304 repealed, new Section R9-3-304 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-304 renumbered without change as Section R18-2-304 (Supp. 87-3). Amended effective September 26,1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Amended effective October 7, 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). The reference to subsection R18-2-1 Ol(54) in subsection (E)(8) corrected to reference subsection R18-2-101(57) (Supp. 99-3). Amended by final nrlemakk g at 6 A.A.R. 343, effective December 20,1999 (Supp. 99-4). d. 3. Supp. 02-1 R18-2-305. Public Records; Confidentiality A. The Director shall make all permits, including all elements required to be in the permit pursuant to R18-2-306, available to the public. No permit shall be issued unless the information required by R18-2-306 is present in the permit. B. A notice of confidentiality pursuant to A.R.S. 5 49-432(C) shall: I. Precisely identify the information in the documents submitted which is considered confidential. 2. Contain sufficient supporting information to allow the Director 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. C. Within 30 days of receipt of a notice of confidentiality that complies wlth subsection (B) above, the Director shall make a determination as to whether the information satisiies the requirements for trade secret or competitive position pursuant to A.R.S. 5 49-432(C)(I) and so notify the applicant in writing. If the Director agrees with the applicant that the information covered by the notice of confidentiality satisfies the statutory requirements, the Director shall include a notice in the file for the permit or permit application that certain information has been considered confidential. 33. If the Director takes action pursuant to A.R.S. 5 49-432(D) and obtains a final order authorizing disclosure, the Director shall place the information in the public file and shall notify any person who has requested disclosure. If the court determines that the information is not subject to disclosure, the Director shall provide the notice specified in subsection (C) above. Page 24 Historical Note Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1995 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Former Section R9-3-306 renumbered as Section R9-3-305 effective August 6, 1976. References changed to conform (Supp. 76-4). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-305 repealed, new Section R9-3-305 adopted effectivebfay 14,1979 (Supp79-1). Amended effective October 2,1979 (Supp. 79-51. Former Section R9-3-305 repealed, new Section R9-3305 adopted effective May 28,1982 (Supp. 82-3). Former Section R9-3-305 renumbered without change as ; . March 3 1,2002 Arizona Administraii-yer Code Title 18, Ch. 2 Department of Environmental Quality - Air Pollution Conrrol R18-2-305 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). R18-2-306. Permit Contents A. Each permit issued by the Director shall include the following elements: 1. The date of issuance and the perrnit term. 2. Enforceable emission limitations and standards, including operational requirements and limitations that ensure compliance with all applicable requirements at the time of issuance and operational requirements and limitations that have been voluntarily accepted under R18-2-306.01. a The permit shall specify and reference the origin of and authority for each term or condition and identify any difference in form as compared to the applicable requirement upon which the term or condition is based. b. The permit shall state that, if an applicable requirement of the Act is more stringent than an applicable requirement of regulations promulgated under Title N of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the Administratorc. Any permit containing an equivalency demonstration for an alternative emission Iimit submitted under subsection R18-2-304@) shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. . .. d. The permit shall specify applicable requirements for fugitive emission limitations, regardless of whether the source category in question is included in the list of sources contained in the definition of major source in R18-2- 101. 3. Each permit shall contain the following requirements with respect to monitoring: a All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including: i. Monitoring and analysis procedures or test methods under 40 CFR ii. Other procedures and methods promulgated under sections 114(a)(3) or 504@) of the Act; and iii. Monitoring and analysis procedures or test methods required under R18-2-306.01. b. 40 CFR 64 as adopted July 1, 1998, is incorporated by reference and on file with the Department and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. If more than 1 monitohg 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 nrjt 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 fiom 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 , - - - March 31,2002 Page 25 . with the applicable requirement, and as othemise required under R18-2-306.01- Recordkeeping provisions may be suiiicient to meet the requirements of this subsection; and d. As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of mo~utoringequipment or methods. 4., The permit shall incorporate all applicable recordkeeping requirements including recordkeeping requirements established under RI 8-2-306.01, for the following: a Records of required monitoring information that include the following: i. The date, place as defined in the permit, and time of sampling or measurement; The date any analyses was performed; ii. ... 111. The name of the company or entity that performed the analysis; iv. A description of the analytical technique or method used; v. The results of any analysis; and vi. The operating conditions existing at the time of sampling or measurement; b. Retention of records of all required monitoring data and sup~ortinformation for a period of at least 5 years fiom the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit. 5. The permit shall incorporate a11 applicable reporting requirements including reporting requirements established under R18-2-306.01 and ~equirethe following: a Submittal of reports of any required monitoring at least every 6 months. A11 instances of deviations from permit requirements shall be clearly identified in the reports. A11 required reports shall be certified by a responsible official consistent with subsections R18-2-304v) and R18-2-309(A)(5). b. Prompt reporting of deviations from permit requirements, including those attributabIe to upset conditions as defined in the permit, the probable cause of the deviations, and any corrective actions or preventive measures taken. Notice that complies with subsection (E)(3)(d) shall be considered prompt for the purposes of this subsection (A)(5)@). 6. A permit condition prohibiting emissions exceeding any allowances the source lawfully holds under Title N of the Act or the regulations promulgated thereunder. a. A permit revision is not required for increases in emissions that are authorized by allowances acquired under the acid rain program, if the increases do not require a permit revision under any other applicable requirement b. A Iimit shall not be placed on the number of allowances held by the source. The source shall not, however, use allowances as a defense to noncompliance with any other applicable requirement Any allowance shall be accounted for according t6 c. the procedures established in regulations promulgated under Title IV of the Act. d. Any pennit issued under the requirements of this Chapter and Title V of the Act to a unit subject to the provisions of Title IV of the Act shall include conditions prohibiting all of the following: Supp. 02-1 Title 18, Ch. 2 Aniona Ahinis'rative Code Department of Environmental Quality - Air Pollution Control i. 7. 8- 9. 10. 11. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held by the owner or operator of the unit or the designated representative of the owner or operator, ii. Exceedances of applicable emission rates, iii. Use of any allowance before the year for which it is allocated, and iv. Conravention of any other provision of the permit. A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion of the permit. Provisions stating the following: a The permittee shall comply with all conditions of the permit including all applicable requirements of Arizona air quality statutes A.R.S. Title 49, Chapter 3, and the air quality rules, 18 A.A.C. 2. Any permit noncompliance is grounds for enforcement action; for a permit termination, revocation and reissuance, or revision; or for denial of a permit renewal application. Noncompliance with any federally enforceable requirement in a permit is a violation of the Act. b. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit c. The permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition. d. Tine permit does not convey any property'rights of any sort, or any exclusive privilege to the permit holder. e. The permittee shaII furnish to the Director, within a reasonable time, any information that the Director may request in writing to determine whether cause exists for revising; revoking and reissuing, or terminating the permit, or to determine compliance with the permit Upon the Director's request, the permittee shall also furnish to the Director copies of records required to be kept by the .permit. For information claimed to be confidential, the permittee shall furnish a copy of the records directly to the Administrator along ?th a claim of confidentiality. f. For any major source operating in a nonattainment area for all pollutants for which the source is classified as a major source, the source shall comply with reasonably available control technology. A provision to ensure that the source pays fees to the ~ i i e c t ounder r A.R.S. $ 4 9 - 4 2 6 0 , ~18-2-326,and R182-511. A provision stating that a permit revision shall not be required under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes provided for in the permit Terrns and conditions for reasonably anticipated operating scenarios identified by the source in ik application as approved by the Director. The terms and conditions shall: a Require the source, contemporaneouslywith making a change from 1 operating scenario to another, to Supp. 02-1 record in a 10s at the permitted facility a record oPstA the scenario under whlch ~t1s operating; b. Extend the permit shield described in R18-2-32 to all terms and conditions under each such operating scenario; and c. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this Chapter. 12. Terms and conditions, ~f the permit applicant requests them, and as approved by the Director, for the trading of emiss~onsIncreases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading the Increases and decreases wrthout a case-bycase approval of each emissions trade. The terms and conditions: a Shall include all terms required under subsections (A) and (C) to determine compliance; b. Shall not extend the permit shield in subsection @) to all terms and conditions that allow the increases and decreases in emissions; c. Shall not include trading that involves emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades; and d. Shall meet all applicable requirements and requirements of this Chapter. 13. Terms and conditions, if the permit applicant requests them and they are approved by the Director, setting forth intermittent operating scenarios including potential periods of downtime. If the terms and conditions are included, the state's emissions inventory shall not reflect the zero emissions associated with the periods of downtime. 14. Upon request of a permit applicanf the Director shall issue a permit that contains terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emission cap established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The Director shall not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall also require compliance with all applicable requirements. Changes made under this subsection shall not include modifications under any provision of Title I of the Act and shall not exceed emissions alIowable under the permit. The terms and conditions shall provide, for Class I sources, for notice that conforms to subsections R18-2-3 17@) and (E), and for Class TI sources, for logging that conforms to subsection R18-2-317.02@)(5). In addiuon, 'he notices for Class I and Class II sources shall describe how the increases and decreases in emissions will comply with the terms and conditions of the permit 15. Other terms and conditions as are required by the 2% A.RS. Title 49, Chapter 3, Articles 1 and 5 and the mies adopted in 18 A.A.C. 2. Federally-enforceableRequirements. 1. The following permit conditions shall be enforceable by the Administrator and citizens under the Act: a Except as provided in subsection (B)(2), all terms and conditions in a CIass I permit, including my % JB. Page 26 March 31,2002 Arizona Administratratr~e Code Title 18, Ch. 2 Department of Environmental Quality - Air Pollution Control C. D. E. F. provision designed to Iimit a source's potential to emit; b. Terms or conditions in a Class I1 permit setting forth federal applicable requirements; and c. Terms and conditions in any perm~tentered into voluntarily under R18-2-306.01, as follows: i. hissi ions limitations, controls, or other requirements; and ii. Monitoring, recordkeeping, and reporting requirements associated with the emissions Iimitations, controls, or other requirements in subsection (B)(l)(c)(i). 2. Notwithstanding subsection (B)(l)(a), the Director shall specifically designate as not being federaIly 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. Each permit shall contain a compliance plan as specified in R18-2-309. Each permit shall include the applicable permit shield provisions under R18-2-325. 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, that requires immediate corrective action to restore normal operation and that causes the source to exceed a technology-based emission limitat~on under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. 2. An emercency constitutes an affirmative defense to an action brou.gh; for noncompliance with technology-based emission limitations if the conditions of subsection '(E)(3) are met 3. The aftinnative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: a An emergency occurred and the permittee can identify the cause or causes of the emergency; b. At the time of the emergency the permitted facility was 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 Director by certified mail, facsimile, or hand delivery within 2 working days of the time when emission limitations were exceeded due to the emergency. This notice shall contain a description of the emergency, any steps taken to mitigate emissions, and corrective action taken. 4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. 5. This provision is in addition to any emergency or upset provision contained in any applicable requirement A Class I permit issued to a major source shall require that revisions be made under R18-2-321 to incorporate additional applicable requirements adopted by the Administrator under the Act that become applicable to a source with a permit with a remaining permit tern of 3 or more years. A revision shall not be required if the effective date of the applicable requirement March 31,2002 Page is after the expiration of the permit The revisions shall be made as expeditiously as practicable, but not later than 18 months after the promulgation of the standards and regulations. Any permit revision required under this subsection shall comply with R18-2-322 for permit renewal and shall reset the 5-year permit term. ' Historical Note Adopted effective August 7, 1975 (Supp. 75-1). Former Section R9-3-307 renumbered as Section R9-3-306 effective August 6,1976. Reference changed to conform (Supp. 76-4). Former Section R9-3-306 repealed, new Section R9-3-306 adopted effective May 14,1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 28,1984 (Supp. 84-5). Former Section R9-3-306 renumbered without change as R18-2-306 (Supp. 87-3). Amended subsection (I) effective December 1,1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3). Amended effective June 4,1998 (Supp. 98-2). Amended by find rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). RIS-2-306.01.Permit.s Containing Yoluntarily Accepted Emission Limitations and Standards A. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoid classification as a source that requires a Class I permit or to avoid 1 or more other federal applicable requirements. For the purposes of this Section, "enforceable as a practical matter" means that specific means to assess compliance with an emissions iimitation, control, or other requirement are provided for in the per, mit in a manner that allows compliance to be readily yetermined by a . inspection of records and reports. B. /In order for a source to obtain a permit containing voluntarily accepted emissions limitations, controls, or other requirements, the source shall demonstrate all of the following in its permit application: 1. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an applicable requirement are at least as stringent a s the emissions limitations, controls, or other requirements that would otherwise be applicable to that source, including those that originate in an applicable implementation plan; and the permit does not waive, or make less stringent, any limitations or requirements contained in or issued pursuant to an applicable implementation pIan, or that are otherwise federally enforceabIe. 2 All voluntarily accepted emissions limitations, controls, or other requirements will be permanent, quantifiable, and otherwise enforceable as a practical matter. C. At the same time as notice of proposed issuance is first p u b Iished pursuant to A.R.S. 3 49-426@), the Director shall send a copy of any Class XI permit proposed to be issued pursuant to this Section to the Administrator for review during the comment period described in the notice pursuant to R18-2-330@). D. The Director shall send a copy of each final permit issued pursuant to this Section to the Administrator. Supp. 02-1 Title 18, Ch. 2 Arkona Adminirtrative Code Department of Environmental Quality - Air Poilut~onConno1 Historical Note Adopted effecnve August 1, 1995 (Supp. 95-3). E. 8-2-306.02.Establishment of an Emissions Cap An applicant may, in its application for a new permit, renewal of an existing permit, or as a significant permit revision, request an emissions cap for a particular pollutant expressed in tons per year as determined on a 12-month roiling average, or any shorter avera,+g time necessary to enforce any applicable requirement, for any emissions unit, combination of emissions units, or an entire source to allow operating flexibility including emissions trading for the purpose of complying wth the cap. This Section shall not apply to sources that hold an authority to operate under a general permit pursuant to Article 5 of this Chapter. An emissions cap for a Class I1 source that limits the emissions of a particular pollutant for the entire source shall not exceed any of the following: 1. The applicable requirement for the pollutant if expressed in tons per year, 2 The source's actual emissions plus the applicable sipificance level for the pollutant established in R18-2101(104); 3. The applicabIe major source threshold for the pollutant; or 4. A sourcewide emission limitation for the pollutant voluntarily agreed to by the source under R18-2-306.01. In order to incorporate an emissions cap in a permit the applicant must demonstrate to the Director that terms and conditions in the permit will: 1. Ensure compliance with all applicable requirements for the pollutant; 2. Contain replicable procedures to ensure that the emissions cap is enforceable as a practical matter and emissions trading conducted under it is quantifiable and enforceable as a practical matter. For the purposes of this Section, "enforceable as a practical matter" shall include the following criteria: a The permit conditions are permanent and quantifiable; b. The permit includes a legally enforceable obligation to comply; c. The limits impose an objective and quantifiable operational or production limit or require the use of in-place air pollution control equipment; d. The permit limits have short-term averaging times consistent with the averaging times of the applicable requirement; e. The permit conditions are enforceable and are independent of any other applicable limitations; and f. The pem-t conditions for monitoring, recordkeep ing, and reporting requirements are sufficient to comply with R18-2-306(A)(3),(4), and (5). 3. For a CIass I permit, include all terms required under R18-2-3061A) , , and R18-2-309. Class I sources shall log an increase or decrease in actual emissions authorized as a tade under an emissions cap unless an applicable requirement requires notice to the Director. The log shall contain the information required by the permit inchding, at a minimum, when the proposed emissions increase or decrease occurred, a description of the physical change or change in method of operation t h produced ~ the increase or decrease, the change in emissions from the physical change or change in method of operation, and how the increase or decrease in emissions complies with the permit Class Il sources shall comply with R! 8-2-3 17.02(B)(5)Supp. 02-4 Page 28 The Director shall not include m an emissions cap or emis-';'"'*%. sions trading alIowed under a cap any emiss~onsunit for whrch' the emissions are not quantifiable or for which there are no repIicable procedures or practical means to enforce emissions trades. Historical Note New Section adopted by fmai rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). 8-2-307. Permit Review by the EPA and Affected States Except as provided in R18-2-304(F) and as waived by the Administrator, for each Class I permit, a copy of each of the following shall be provided to the Administrator as follows: I . The applicant shall provide a compIete copy of the application including any attachments, compliance plans, and other information required by R18-2-304(E) at the time of submittal of the application to the Director. 2. The Director shall provide the proposed final permit after public and afiected state review. 3. The Director shall provide the final permit at the time of issuance. The Director shall keep all records associated with all permits for a minimum of 5 years from issuance. No permit for which an application is required to be submitted to the Administrator under subsection (A) shall be issued if the Administrator properly objects to its issuance in writing within 45 days of receipt of the proposed find permit from the Department and all necessary supporting information. Review by Affected States. 1. For each Class I pennif the Director shall provide notice of each proposed p e m t to any affected state on or before the time that the Director provides this notice to the public as required under R18-2-330 except to the extent R182-3 19 requires the timing of the notice to be different 2. If the Director refuses to accept a recommendation of any affected state submitted during the public or affected state review pericd, the Director shall noti3 the Administrator and the affected state in writing. The notification shall include the Director's reasons for not accepting any such recommendation and shall be provided to the Administrator as part of the submittal of the proposed final permit The Director shall not be required to accept recomendations that are not based on federal applicable requirements or requirements of state law. Any person who petitions the Administrator pursuant to 40 CFR 70.8(d) shall notify the Department by certified mail of such petition as soon as possible, but in no case more than 10 days following such petition. Such notice shall include the grounds for objection and whether such objections were raised during the public comment period. Kthe Administrator objects to the permit as a result of a petition filed under this subsection, the Director shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day administrative review period and prior to the Administrator's objection. If the Director has issued a permit prior to receipt of the Administrator's objection under subsection (E), and 'the Administrator indicates that it should be revised, terminated, or revoked and reissued, the Director shall reopen the permit in accordance with R18-2-321 and may thereafter issue only a revised permit that satisfies the Administrator's objection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete application. Prohibition on Default Issuance. March 3 1,2002 Arirona Administrative Code Department of Environmental Quality - Air Pollution ConBoI 1. 2 . No CIa& I permit including a permit renewal or revision shall be issued until affected states and the Administrator have had an opportunity to review the proposed permit. No peimit or renewal shall be issued unless the Director has acted on the application. Historical Note Adopted effective August 7, 1975 (Supp. 75-1). Former Section R9-1-30? renumbered as Section R9-3-306 effective August 6,1976 (Supp. 76-4). New Section R9-3-307 adopted effective May 14, I979 (Supp. 79-1). Amended effective October 2,1979 (Supp. 79-5). Former Section R9-3-30? repealed, new Section R9-3-30? adopted effective May 28, 1982 (Supp. 82-3). Amended subsection (B)(4)@) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-307 renumbered without change as R18-2-307 (Supp. 87-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). R18-2-308. Emission Standards and Limitations Wherever applicable requirements apply different standards or limitations to source for ;he same item, all applicable requirements shall be included in the permit. a Historical Note Adopted effective August 7,1975 (Supp. 75-1). Former Section R9-3-308 repealed, new Section R9-3-308 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-308 renumbered without change as R18-2308 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 884). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). R18-2-309. Compliance Plan; Certification All permits shall contain the following elements with respect to compliance: I. The elements required by R18-2-306(A)(3), (4), and (5). -2. Requirements for compliance certification with t e d s 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 all of the following (the identification of applicable information may c~oss-referencethe permit or previous reports, as applicable): 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, and whether the methods or other means provide continuous or intermittent data. The methods and other means shall include, at a minimum, the methods and means required under R18-2-306(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 a false certification or omitting mzerial information; March 3 1,2002 Page 29 Title 18, Ch. 2 iii. The status of compliance with the terms and conditions of the permit for the period covered by the certification, 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 identrfy 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; arid iv. Other facts the Director may require to determine the compliance status of the source. d. -4 requirement that all compliance certifications be submitted to the Director. Class I permit compliance certifications shall also be submitted to the Adrninismtor. e. Additional requirements specified in sections 114(a)(3) and 504@) of the Act or pursuant to R182-306.01. 3. A requirement for any document required to be submitted by a permit, including reports, to contain a certification by a responsible official of truth, accuracy, and completeness. This certificarion and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. 4. Inspection and e n w provisions which require that upon presentation of proper credentials, the permittee shall allow the Director to: a Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or where records are required to be kept under the conditions of the permit; b. Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permic c. Inspect, at reasonable times, any facilities, equip' ment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; d Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements; and e. Record any inspection by use of written, electronic, magnetic, and photographic media. 5. A compliance plan that contains all the following: a A description of the compliance status of the source with respect to all applicable requirements. b. A description a s follows: i. For applicable requirements with which the source is in compliance, a statement that the source wili continue to compiy wirh such requirements. ii. For applicable requirements that will become effective during the permit tern, a statement that the source will meet such requirements on ... a timely basis. m. For requirements for which the source is not in compliance at the time of pennit issuance, a narrative description of how the source will achieve compliance with such requirementsc. A compliance schedule as follows: Supp. 02-1 Title 13, Ch.? Arizona Administrative C ~ d e Department of Environmental Quality - Air Pollution Contiol For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. ii. For applicable requirements that will become effective during f i e permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. ... 111. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirement for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. d. A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation. Such schedule shall contain: i. Dates for achieving the activities, milestones, or compliance required in the schedule'c~fcompliance, and dates when such activities, milestones, or compliance were achieved; and ii. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. e. The compliance plan content requirements specified in this subsection shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act and incorporated pursuant to R18-2-333 with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is required. (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20,1999 (Supp. 99-4). i. 6. Histot-iszhlMote Adopted effective May 14, 1979 (Supp. 79-1). Arnendment filed September 18, 1979, effective following the adoption of Article 7. Nonferrous Smelter Orders. Amended effective October 2,1979 (Supp. 79-5). Article 7. Nonferrous Smelter Orders adopted effective January 8, 1980. Amendment filed September 18, 1979 effective January 8, 1980 (Supp. 80-2). Amended effective Sep tember 28, 1984 (Supp. 84-5). Former Section R9-3-309 renumbered without change as R18-2-309 (Supp- 87-3). Section repeaIed, new Section adopted effective November 15,1993 {Supp. 93-4). Amended effective October 7, 1994 (Supp. 94-4). Amended effective August 1,1995 Supp. 02- 1 R18-2-310. Affirmative Defenses for Excess Emissions Due to Malfunctions, Startup, and Shutdown A. Applicability This rule establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies to a11 emission standards or limitations except .for standards or limitations: 1. Promulgated pursuant to Sections 1 1I or 1I 2 of the Act, 2. Promulgated pursuant to Titles IV or VI of the Clean Air Act, 3. Contained in any Prevention of Significant Deterioration (PSD) or New Source Review (NSR) permit issued by the U.S. E.P.A., 4. Contained in R!8-2-715(F), or 5. Included in a permit to meet the requirements of R18-2406(A)(5). B.. Affirmative Defense for Malfunctions Emissions in excess of an applicable emission limitation due to malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of R18-2-310.01 and has demonstrated all of the following: 1. The excess emissions resulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control, of the operator; 2. The airpollution control equipment, process equipment, or Drocesses were at a11 times maintained and operated in a manner consistent with good practice for minimizing emissions; 3. If repairs were required, the repairs were made in an expeditious fashion when the applicable emission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off-shift labor and overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable; 4. The amount and duration ofthe excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions; 5. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; 6- The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; 7. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be aMbuted to the emitting source; 8. The excess emissions did not stem from any activity or event that could have been foreseen and avoided, ;or planned, and could not have been avoided by better operations and maintenance practices; 9. A11 emissions monitoring systems were kept in operation if at all practicable; and 10. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records. C- Affirmative Defense for Startup and Shutdown Page 30 March 3 1,2002 1. Except as provided in subsection (C)(2), and unless othenvise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to stamp and shutdown shall conshtute a violation. The owner or operator of a source wjth emissions in excess of an applicable em~ssionIirnitation due to startup and shutdown has an a m a t i v e defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requ~rementsof R18-2-3 10.01 and has demonstrated all of the following: a. The excess emissions could not have been prevented through careful and prudent planning and design; b. If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property; c. The source's air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; d. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions; e. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality; During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source; g. All emissions monitoring systems were kept in operation if at all practicable; and h. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records. 2. If excess em~ssionsoccur due to a malfunction during routine startup and shutdown, then those instances shaI1 be heated as other malfunctions subject to subsection (El). D. Affirmative Defense for Malfunctions During Scheduled Maintenance If excess emissions occur due to a malfunction during scheduled maintenance, then those instances will be treated as other malfunctions subject to subsection (B). E. Demonstration of Reasonable and Practicable Measures For an affirmative defense under. subsection (B) or (C), the owner or operator of the source shall demonstrate, through submission of the data and information required by this Section and R18-2-310.01, that all reasonable and practicable measures within the owner or operator's control were implemented to prevent the occurrence of the excess emissions. f. Bisr's~icd Note Adopted effective May 14,1979 (Supp. 79-1). Amended effective June 19,198 1 (Supp. 81-3). Amended Arizona Testing Manual for Air Pollutant Emissions, eirective September 22, 1983 (Supp. 83-5). Amended Arizona Testing Manual for Air Pollutant Emissions, as of S e p tember 15, 1984, effective August 9, 1985 (Supp. 85-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-3 10 renumbered without change as R18-2-3 10 (Supp. 87-3). Amended effectiveFebruary 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section March 31,2002 adopted effective November 15, 1993 (Supp. 93-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1 164, effective February 15, 2001 (Supp. 0 I-]). R1&2-310.01. Reporting Requirements The owner or operator of any source shall report to the Director any emissions in excess of the limits established by this Chapter or the applicable permit. The report shall be in two parts as specified below: 1. Notification by telephone or facsimile within 24 hours of the time the owner or operator first learned of the occurrence of excess emissions that includes all avaiiable information iiom subsection (B). 2 Detailed written notification by submission of an excess emissions report within 72 hours of the notification under subsection (I). IB- The excess emissions report shall contain the following information: 1. The identity of each stack or other emission point where the excess emissions occurred; 2. The magnitude of the excess emissions expressed in the units of the applicable emission Iimitation and the operating data and calculations used in determining the magnitude of the excess emissions; 3. The time and duration or expected duration of the excess emissions; 4. The identity of the equipment from which the excess emissions emanated; 5. The nature and cause of the emissions; 6. The steps taken, if the excess emissions were the result of a malfunction, to remedy the malfunction and the steps taken or planned to prevent the recurrence of the malfimctions; 7. The steps that were or are being taken to limit the excess emissions; and 8. If the source's permit contains procedures governing source operation during periods of startup or malfunction and the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures. C. In the case of continuous or recurring excess emissions, the notification requirements of this Section shall be satisfied if the source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuant ro subsections (A) and (B>Historical Note New Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15,2001 (Supp. 01-1). A. R18-2-311. Test Methods and Procedures A. Except a s otherwise specified in this Chapter, the applicable procedures and resting methods coiltned in the Arizona Testing Manual; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C shall be used to determine compliance with the requirements established in this Chapter or contained in permits issued pursuant to this Chapter. B. Except as otherwise provided in this subsection the opacity of visible emissions shall be determined by Reference Method 9 of the Arizona Testing Manual. A permit may specify a method, other than Method 9, for determining the opacity of emissions &om a particular emissions unit, if the method has Page 3 1 Supp. 02-1 Title 18, Ch. 2 Arizona Adminimrive Code Department of Environmental Quality - Air Pollution Control been promulgated by the Administrator in 40 CFR 60, Appendix A. C. Except as otherwise specified in this Chapter, the heat content of solid he1 shall be determined according to ASTM method D-3176-89, (Practice for Ultimate Analysis of Coal and Coke) and XSTM method D-20 15-9I, (Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter). D. Except for ambient air monitoring and emissions testing required under Articles 9 and 11 of this Chapter, altemative and equivalent test methods in any test plan submitted to the Director may be approved by the Director for the duration of that plan provided that the following 3 criteria are met: 1. The altemative or equivalent test method measures the same chemical and physical characteristics as the test method it is intended to replace. 2. The altemative or equivalent test method has substantially the same or better reliability, accuracy, and preci. sion as the test method it is intended to replace. 3. Applicable quality assurance procedures are followed in accordance with the Arizona Testing Manual, 40 CFR 60 or other quality assurance methods which are consistent with principles contained in the Arizona Testing Manual or 40 CFR 60 as approved by the Director. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-3 11 renumbered without change as Rl8-2-3 11 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). B F. G. R18-2-312. Performance Tests A. Within 60 days after a source subject to the permit requirements of this Article has achieved the capability to operate at its maximum production rate on a sustained basis but no later than 180 days after initial start-up of such source and at such other times as may be required by the Director, the owner or operator of such source shall conduct perfomance tests and furnish the Director a written report of the results of the tests. B. Performance tests shall be conducted and data reduced in accordance with the test method and procedures contained in the Arizona Testing Manual unless the Director: 1. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; 2. Approves the use of an equivalent method; 3. Approves the use of an altemative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance; or 4. Waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Director's satisfaction that the source is in compliance with the standard. 5 . Nothing in this Section shall be con-ed to abrogate the Director's authority to require testing. C Performance tests shall be conducted under such conditions as the Director shall spec@ to the plant operator based on representative perfomance of the source. The owner or operator shall make available to the Director such records as may be necessary to determine the conditions of the performance tests. Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions of performance tests unless otherwise specified in the applicable standard. Supp. 02-1 ID. The owner or operator of a permitted source shall provide the '>" Pi. I. Director 2 weeks prior notice of the performance test to afford the D~rectorthe opportunity to have an observer present The owner or operator of a permitted source shall provide, or cause to be provided, perfomance iesting facilities as follows: 1. Sampling ports adequate for test methods applicable to such facility. 2. Safe sampling platform(s). 3. Safe access to sampling platfom(s). 4. Utilities for sampling and testing equipment. Each performance test shall consist of 3 separate runs using the appIicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the 3 runs shall apply. In the event that a sample is accidentaIIy lost or conditions occur in which 1 of the 3 runs is requlred to be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstancesbeyond the owner or operator's control, compliance may, upon the Director's approval, be determined using the arithmetic means of the results of the 2 other runs. If the Director, or the Director's designee is present, tests may only be stopped with the Director's or such designee's approval. If the Director, or the Director's designee is not present, tests may only be stopped for good cause, which includes forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the operator's control. Termination of testing without good cause after the 1st run is cornmenced shall constitute a failure of the test. Except as provided in subsection (H) compliance with the emission limits established in this Chapter or as prescnied in permits issued pursuant to this Chapter shall be determined by the performance tests specified in this Section or in the permit. In addition to performance tests specified in this Section, cornpliance with specific emission limits may be determined by: 1. Opacity tests. 2. Emission limit compliance tests specifically designated as such in the regulation establishing the emission limit to be complied with. 3. Continuous emission monitoring, where applicable quaiitv assurance ~roceduresare followed and where it is designated in the permit or in an applicable requirement to show complianceNothing in this Section shall be so construed as to prevent the utilization of measurements from emissions monitoring devices or techniques not designated as performance tests as evidence of compIiance with applicable good maintenance and operating requirements. Hfistorical Note Adopted effective May 14,1979 (Supp. 79-1). Amended effective September 28,1984 (Supp. 84-5). Former Section W-3-3 12 renumbered without chmge as R18-2-3 12 (Supp. 87-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Rl8-2-313. Existing Source Emission Monitoring A. Every source subject to an existing source performance standard as specified in this Chapter shall install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring the poIIutants and other gases specified in this Section for the applicable source category. 1. Applicability. a Fossil-fuel fired stearn generators, a s specified in subsection (C)(l), shall be monitored for opacity, Page 32 March 31,2002 Arizona Administratr've Code Department of Environmental Quality - Air Pollutron Control nitrogen oxides emissions, sulfur dioxide emissions, and oxygen or carbon dioxide. b. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subsection (C)(4), shall be monitored for opacity. c. Sulfuric acid plants, as specified in subsection (C)(3)of thrs Section, shall be monitored for sulfur dioxide emissions. d. Nitric acid plants, as specified in subsection (C)(2), shall be monitored for nitrogen oxides emissions. 2. Emission monitoring shall not be required when the source of ernisslons is not operating. 3. Variations. a Unless otherwise prohibited by the Act, the Director 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 Director 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. Alternative monitoring requirements may be prescribed when installation of a continuous emission monitoring system or monitoring device specified by this Section would not provide accurate deterrninations of emissions (e.g., condensed, uncombined water vapor may prevent an accurate determination of opacity using c m e r c i a l l y available continuous emission monitoring systems). c. Alternative monitoring requirements may be- prescribed when the affected facility is infrequently operated (e.g., some affected facilities may operate less than 1 month per year). 4. Monitoring system malfunction: A temporary exemption from the monitoring and reporting requirements of this Section may be provided during any period of monitoring system malfunction, provided that the source owner or operator demonstrates that the malfuction was unavoidable and is being repaired expeditiously. B. Installation and performance testing required under this Section shall be completed and monitoring recording shall commence within 18 months of the effective date of this Section. C . Minimum monitoring requirements: 1. Fossil-fuel fired steam genmton: Each fossil-fuel fired steam generator, except as provided in the following subsections, with an annual average capacity factor of greater than 30%, as reported to the Federal Power Cornmission for calendar yez 1976, qs as otherwise demonstrated to the Deparfment by the owner or operator, shall conform with the following monitoring requirements when such facility is subject to an emission standard for the pollutant in question. a A continuous emission monitoring system for the measurement of opacity which meets the performance specifications of this Section shall be installed, calibrated, maintained, and operated in accordance with the procedures of this Section by the owner or operator of any such steam generator of March 31,2002 Page 33 2. . 3. Title IS, Ch. 2 greater than 250 million Btu per hour heat jnput. except where: i. Gaseous he1 is the only fuel burned; or ii. Oil or a mixture of gas and oil are the only fuels burned and the source is able to comply with the applicable particulate matter and opacity regulations without utilization of parriculate matter collection equipment, and where the source has never been found to be in violation through any administrative or judicial proceedings, or accepted responsibility for any violation of any visible emission standard. b. A continuous emission monitoring system for the measurement of sulfur dioxide which meets the performance specifications of this Section shdl be installed, calibrated, using sulfur dioxide calibration gas mixtures or other gas mixtures approved by the Director, maintained and operated on any fossil-fuel fired steam generator of greater than 250 million Btu per hour heat input which has installed sulfur dioxide pollutant control equipment. c. A continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance specification of this Section shall be installed, calibrated using nitric oxide calibration gas mixtures or other gas mixtures approved by the Director, maintained and operated on fossil-fuel fired steam generators of greater than 1000 million Btu per hour heat input when such facility is located in'an air quality control region where the Director has specifically determined that a control strategy for nitrogen dioxide is necessary to attain the ambient air quality standard specified in R18-2-205, unless the source owner or operator demonstrates during source compliance tests as required by the Department that such a source emits nitrogen oxides at levels 30% or more below the emission standard within this Chapter. d. A continuous emission monitoring system for the\ measurement of the percent oxygen or carbon dioxide which meets the performance specifications of this Section shall be installed, calibrated, operated, , and maintained on fossil-fuel fired steam.generators where measurements of oxygen or carbon dioxide in the flue gas are required to convert either su& dioxide or nikogen oxides continuous emission monitoring data, or both, to units of the emission standard within this Chapter. Nitric acid plants: Each nitric acid plant of greater than 300 tons per day production capacity, the production capacity being expressed as 100% acid located in an air quality control region where the Director has specifically determined that a control strategy for nitrogen dioxide is necessary to attain the ambient air quality standard specified in R18-2-205, shall install, calibrate using nitrogen dioxide calibration gas mixtures, maintain, and operate a continuous emission monitoring system for the measurement of nitrogen oxides which meets the perf0rmanc.e specifications of this Section for each nitric acid producz ing facility within such plant Sulfuric acid plants: Each sulfuric acid plant as defined in R18-2-101, of greater than 300 tons per day production capacity, the production being expressed as 100% acid, shall install, calibrate using sulfur dioxide calibration gas mixtures or other gas mixtures approved by the Director, maintain and operate a continuous emission monitoring Supp. 02-1 Title 18, Ch. 2 Arizona Adminrjt,atratrve Code Department of Environmental Quality - Air Pollution Conno1 system for the measurement of sulhr dioxide which meets the performance specifications of this Section for each sulfimc acid producing facility within such a plant. 4. Fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries. Each catalyst regenerator for fluid bed catalpc cracldng units of greater than 20,000 barrels per day fresh-feed capacity shall install, calibrate, maintain and operate a continuous emission monitoring system for the measurement of opacity which meets the performance specifications of this Section for each regenerator within such refinery. D. Minimum specifications: Owners or operators of monitoring equipment installed to comply with this Section shall demonstrate compliance with the following periormance specifications. 1. The performance specifications set forth in Appendix B of 40 CFR 60 are incorporated herein by reference and shall be used by the Director to determine acceptability of monitoring equipment instalIed pursuant to this Section. However where reference is made to the Administrator in Appendix B of 40 CFR 60, the Director may allow the use of either the state-approved reference method or the federally approved reference method as published in 40 CFR 60. The performance specifications to be used with each type of monitoring system are listed below. a Continuous emission monitonng systems for measuring opacity shall comply with performance specification 1. b. Continuous emission monitoring systems for measuring nitrogen oxides shall comply with performance specification 2. c. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 2. d. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 3. e. Continuous emission monitoring systems for measuring carbon dioxide shall comply with performance specification 3,. 2. Calibration gases: Span and zero gases shall be traceable to National Bureau of Standards reference gases whenever these reference gases are available. Every 6 months from date of manufacture, span and zero gases shall be reanalyzed by conducting triplicate analyses using the refaence methods in Appendix A of 40 CFR 60 (Chapter 1) as amended: For sulfur dioxide, use Reference Method 6; for nitrogen oxides, use Reference method 7; and for carbon dioxide or oxygen, use Reference Method 3. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer. 3. Cycling time: Time includes the total time required to sample, analyze, and record an emission measurement: a Continuous emission monitoring systems for measuring opacity shall complete a minimum of 1 cycle of sampling and analyzing for each successive 6minute period. b. Continuous emission monitoring systems for measuring oxides of nitrogen, carbon dioxide, oxygen, or s u l k dioxide shall complete a minimum of 1 cycle of operation (sampling, analyzing, and date recording) for each successive 15-minute period. 4. Monitor location: A11 continuous emission monitoring systems or monitoring devices shall be installed such that representative measurements of emissions of process parameter (i.e., oxygen, or carbon dioxide) from the Supp. 02-1 affected facrlity are obtained. Additional guldance for.:';'\ location of continuous emrsslon mon~tonngsystems to obtan representanve samples are contained in the applicable performance specifications of Appendix B of 40 CFR 60. 5. Comb~nedeffluents: When the effluents from wo or more affected fac~litiesof sim~lard e s i s a d operating characteristics are combined before being released to the atmosphere through more than one point, separate monitors shalI be mstalled. 6. Zero and dnft: Owners or operators of all continuous emlsslon monrtonng systems ~nstalledin accordance with the requ~rementsof this Secnon shall record the zero and span drift m accordance with the method prescribed by the manufacturer's recommended zero and span check at least once daily, using caljbration gases specified in subsection (C) as applicable, unless the manufacturer has recommended adjustments at shorter intervals, in which case such recommendations shall be followed; shall adjust the zero span whenever the 24-hour zero drift or 24-hour calibration dnft limits of the applicable performance specifications in Appendix B of Part 60, Chapter 1, Title 40 CFR are exceeded. 7. Span: Instrument span should be approximately 200% of the expected instrument data display output corresponding to the emission standard for the source. E. Minimum data requirement: The following subsections set forth the minimum data reporting requirements for sources employing continuous monitoring equipment as specified in this Section. These periodic reports do not relieve the source operator fiom the reporhng requirements of R18-2-310.01. I. The owners or operators of facilities required to install continuous emiss~onmonitoring systems shall submit to the Director a written report of excess emissions for each calendar quarter and the nature and cause of the excess emissions, if known. The averaging period used for data reporting shall correspond to the averaging period specified in the emission standard for the pollutant source category in question. The required report shall include, as a minimum, the data stipulated in this subsection. 2. For opacity measurements, the summary shall consist of the magnitude in actual percent opacity of all 6-minute opacity averages greater than any applicable standards for each hour of operation of the facility. Average values may be obtained by integration over the averaging period or by arithmetically averaging a minimum of four equally spaced, instantaneous opacity measurements per minute. Any time periods exempted shall be deleted before determining any averages in excess of opacity standards. 3. For gaseous measurements the surnmaTy shall consist of emission averages in the units of the applicable standard for each averaging period during which the applicable standard was exceeded. 4. The date and time identieing each period during which the continuous emission monitoring system was inoperative, except for zero and span checks and the nature of system repair or adjustment shall be reported. The D i ~ c tor may require proof of continuous emission monitoring system performance whenever system repairs or adjustments have been made. 5. When no excess emissions have occurred and the continuous emission monitoring systern(s) have not been inoperative, repaired, or adjusted, such information shall be included in the report. 6. Owners or operators of affected facilities shall maintain a file of all informabon reported in the quarterly summa- Page 34 March 3 1,2002 Code Arizona Administrlltrlltr~e Title IS, Ch. 2 Department of Environmental Quality - Air PolIution Control F. ries, and all other data collected either by the continuous emission monitoring system or as necessary to convert monitoring data to the units of the applicable standard for a minimum of two years from the date of collection of such data or submission of such summaries. Data reduction: Owners or operators of affected facilities shall .use the following procedures for converting monitoring data to units of the standard where necessary. 1. For fossil-fkel fired steam generators the following procedures shall be used to convert gaseous emission monitoring data in parts per million to glmillion cal (Ib/miIlion Btu) where necessary. a When the owner or operator of a fossil-fie1 fired steam generator elects under subsection (C)(l)(d) to measure oxygen in the flue gases, the measurements of the pollutant concentration and oxygen concentration shall each be on a consistent basis (wet or dry). i. When measurements are on a wet basis, except where wet scrubbers are employed or where moisture is otherwise added to stack gases, the following conversion procedure shall be used: ii. . When measurements are on a wet basis and the water vapor content of the stack gas is determined at least once every 15 minutes the following conversion procedure shall be used: L -1 Use of this equation is contingent upon demonstrating the ability to accurately determine B(ws) such that any absolute 'error in B(ws) will not cause an error of more than 1 . 5 % in the term: ... 111. When measurements are on a dry basis, the following conversation procedure shall be used: L _I b. %%en the owner or qxrator elects under subsection (C)(l)(d) to measure carbon dioxide in the flue gases, the measurement of the pollutant concentration and the carbon dioxide concentration shall each be on a consistent basis (wet or dry) and the following conversion procedure used; E(Q) = CF(C$ 100 - 1 I L %C0(2) J I- c. The values used in the equations under subsection m(1) above are derived as follows: March 3 1,2002 Page 35 3. E ( Q = pollutant emission, amilIian cai gb/ rnlllion Btu). C = pollutant concentration, g d s m (Ib/dscf), determined by multiplying the average concentration (ppm) for each hourly period by 4.16 x lo-' M g/dscm per ppm (2.64 x 1 M Ib/dscf per ppm) where M = pollutant molecular weight, g/g-mole (ibAb-mole), M = 64 for sulfur dioxide and 46 for oxides ofnitrogen. C(ws) = pollutant concentrations at stack conditions, g/wscm (Ib/wscf), determined by multiplying the average concentration (ppm) for each 1-hour period by 4.15 x lo-' M Ib/wscm per pprn) (2.59 x lo-' M lb/wscf per ppm) where M = pollutant molecular weight, g/g mole (lbllb mole). M = 64 for sulfur dioxrde and 46 for nitrogen oxides. %0(2),%C0(2) = Oxygen or carbon dioxide volurne (expressed as percent) determined with equipment specified under subsection (D)(l F,F(c) = A factor representing aratio of the volume of dry flue gases generated to the calorific value of the fuel combusted (F), a factor representing a ratio of the volume of carbon dioxide generated to the calorific value of the fuel combusted (F(c)), respectively. Values of F and F(c) are given in 40 CFR 60.450 (Chapter 1). F(w) = A factor representing a ratio of the volume of wet flue gases generated to the caloric value of the fuel combusted. Values of F(w) are given in Reference Method 19 of the Arizona Testing Manual. B(wa) = Proportion by volume of water vapor in the ambient air. Approval may be given for determination of B(w)a by on-site instrumental measurement provided that the absolute accuracy of the measurement technique can be demonstrated to be within i 0.7% water vapor. ; Estimation methods for B(wa) are given in Reference Method 19 of the Arizona Testing Manual. B(ws) = Proportion by volume of water vapor in the stack gas. For sulfuric acid plants as tfefined in R18-2-101, the owner or operator shall: a Establish a conversion factor 3 times daily according to the procedures of 40 CFR 60+84@)(Chapter I), b. Multiply the conversion factor by the average sulfur dioxide concentration in the flue gases to obtain average sulfur dioxide emissions in Kglmetric ton (lb/short ton), and c. Report the average sulfur dioxide emission for each averaging period in excess of the applicable emission standard i~ the quarterly summary. For nitric acid plants, the owner or operator shall: a Establish a conversion factor according to the pmcedures of 40 CFR 60.73@) (Chapter l), b. MultipIy the conversion factor by the average nitrbL gen oxides concentration in the flue gases to obtain the nitrogen oxides emissions in the units of the applicable standard, Report the average nitrogen oxides emission for c. each averaging period in excess of applicable ernission standard in the quarterly summary. Supp. 02-1 Titie 18, Ch. 2 4. Arizona Administr&.ve Code Department of Environmental Quality - Air Pollution Control The Director may allow data reporting or reduction procedures varying from those set forth in this Section if the owner or operator of a source shows to the satisfaction of the Director that his procedures are at least as accurate as those in this Section. Such procedures may include but are not limited to the following: a Alternative procedures for computing emission averages that do not require integration of data (e.g., some facilities may demonstrate that the variability of their emissions is sufficiently small to allow accurate reduction of data based upon computing averages from equally spaced data points over the averaging period). b. Alternative methods of converting pollutant concentration measurements to the units of the emission standards. Historical Mote Adopted effective May 14, 1979 (Supp 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsetion (C), para,pph (I), subparagraph (d) (Supp 80-2). Amended effective July 9, 1980 (Supp. 804). Former Section R9-3-3 13 renumbered without change as R18-2-3 13 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 AA.R. 1 164, effective February IS, 2001 (Supp. 01-1). R18-2-314. Quality Assurance Facilities subject to the permit requirements of this Article shall submit a quality assurance plan to the Director that meets the requirements of R18-2-3 11(D)(3) within 12months of the effective date of this Section. Facilities subject to the requirements of R18-23 13 shall submit a quality assurance plan as speciiied in the permit. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. SO-4). Former Section R93-3 I4 renumbered without change as R18-2-3 14 (Supp. 87-3). Section repealed, new Section adopted effective November 15, I993 (Supp. 93-4). R18-2-315. Posting of Permit A. Any person who has been granted an individual or general permit shall post such permit or a certificate of perrnit issuance on location where the equipment is installed in such a manner a s to be clearly visible and accessible. All equipment covered by the permit shall be clearly marked with 1 of the following: 1. The current perrnit number,. 2. A serial number or other equipment number that is also listed in the permit to identiiy that piece of equipment B. A copy of the complete permit shall be kept on the site. Bistoricai Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp- 80-4). Former Section W3-3 I5 renumbered without change as R18-2-3 15 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). R18-2-316. Notice by Building Permit Agencies All agencies of the county or political subdivisions of the county that issue or grant building permits or approvals shall examine the plans and specifications submitted by an applicant for a permit or approval to determine if an air pollution permit will possibly be required under the provisions of this Chapter. If it appears that an air pollution permit will be required, the agency or political subdi- Supp. 02-1 vision shall glve written notlce to the applicant to conlact the Direc tor and shall furnish a copy of that notice to the Director. "- Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-316 renumbered without change as Rl8-23 16 (Supp. 87-3). Rl8-2-317. Facility Changes Allowed Without Permit Revisions - Class I A. A facility with a Class I permit may make changes without a permit revision if all of the following apply: I. The changes are not modifications under any provision of Title I of the Act or under A.R.S. $49-401.01 (17); 2. The changes do not exceed the emissions allowable under the permit whether exp~essedtherein as a rate of emissions or in terms of total emissions: 3. The changes do not violate any applicable requirements or trigger any additional applicable requirements; 4. The changes satisfy all requirements for a minor permit revision under R18-2-3 19(A); and 5. The changes do not contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. The substitution of an item of process or pollution control equipment for an identical or substantially similar item of process or pollution control equipment shall qualify as a change that does not require a permit revision, if the substitution meets all of the requirements of subsections (A), @), and (E). Except for sources with authority to operate under general permits, permitted sources may trade increases and decreases in emissions within the permitted facility, as established in the permit under subsection R18-2-306(A)(12), if an applicable implementation plan provides for the emissions trades without applying for a pemit~evisionand based on the 7 working days notice prescribed in subsection (D). This provision is available if the perrnit does not provide for the emissions trading as a minor permit revision. D. For each change under subsections (A) through (C), a written \ notice by certified mail or hand delivery shall be received by the Director and the Administrator a minimum of 7 working days in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided less than 7 working days in advance of the change but must be provided as far in advance of the change or, if advance notification is not practicable, as soon after the change as possible. E. Each notification shall include: 1. When the proposed change will occur, 2. A description of the change; 3. Any change in emissions of regulated air pollutans; 4. The pollutants emitted subject to the emissions eade, if any; 5. The provisions in the implementation plan that provide for the emissions trade with which the source will comply and any other information a s may be required by the provisions in the implementation plan authorizing the w e ; 6. If the emissions trading provisions of the implementation plan are invoked, then the permit requirements with which the source will comply, and 7. Any permit term or condition that is no longer applicable as a result of the change. F- Tne permit shield described in R18-2-325 shall not apply to any change made under subsections (A) through (C). Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to Page 36 March 3 1,2002 Arizona Adminis)rative Code Title 18, Ch. 2 Deparrment of Environmental Quality - Air Pollution Control requirements of the implementation plan authorizing the emissions trade. G . Except as otherwise provided for in the permit, making a change from 1 aitemative operating scenario to another as provided under R18-2-306(A)(11) shall not require any prior notice under this Section. H. Notwithstanding any other part of this Section, the Director may require a permit to be revised for any change that, when considered together with any other changes submitted by the same source under this Section over the term of the pennif do not satisfy subsection (A). I- The Director shall make available to the public monthly summaries of all notices received under this Section. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-317 renumbered without change as R18-23 17 (Supp. 87-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). W18-2-317.01.Facility Changes that Require a Permit Revision - Class II A. The following changes at a source with a Class II permit shall require a permit revision: 1. A change that triggers a new applicable requirement or violates an existing applicable requirement. 2. Establishment of, or change in, an emissions cap; 3. A change that will require a case-by-case determination of an emission limitation or other standard, or a sourcespecific determination of ambient impacts, or a visibility or increment analysis; 4. A change that results in emissions that are subject to monitoring, recordkeeping or reporting under subsections R18-2-306(A)(3),(4), or (5) if the emissions cangot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. A change that will authorize the burning of used oil, used oil fuel, hazardous waste, or hazardous waste fuel, or any other firel not currently authorized by the permit; 6. A change that requires the source to obtain a Class I permit; 7. Replacement of an item of air pollution control equipment listed in the permit with 1 that does not have the same or better pollutant removal efficiency; 8. Establishment or revision of a limit under R18-2-306.01; 9. Increasing operating hours or rates of production above the permitted level; and 10. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results: a From removing equipment that results in a permanent decrease in actual emissions, if the source keeps on-site records of the change in a log that satisfies Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or b. From a change in an applicable requirement. B. A source with a Class I1 permit may make any physical change or change in the method of operation without revising the source's permit unless the change is specifically prohibited in the source's permit or is a change described in subsection (A). A change that does not require a permit revision may still be subject to requirements in R 18-2-3 17.02. Historical Note New Section adopted by final rulemaking at 5 A.A.R. March 3 1,2002 4074, effective September 22,1999 (Supp. 99-3). R18-2-317.02-Procedures for Certain Changes that do not Require a Permit Revision - Class ]U A. Except for a physical change or change in the method of operation at a Class XI source requiring a permit revision under R18-2-317.01, or a change subject to logging or notice requirements in subsection (B) or (C), a change at a Class I1 source shall not be subject to revision, notice, or logging requirements under this Chapter. B. Except as otherwise provided in the conditions applicable to an emissions cap created under R18-2-306.02, the following changes may be made if the source keeps onsite records of the changes according to Appendix 3: 1. Implementing an alternative operating scenario, including raw material changes; 2. Changing process equipment, operating procedures, or making any other physical change if the permit requires the change to be logged; 3. Engaging in any new insignificant activity listed in R182-1 01(57)(a) through (i) but not listed in the permit; -. 4. Replacing an item of air pollution control equipment listed in the permit with an identical (same model, different serial number) item: The Director may require verification of efficiency of the new equipment by performance tests; and 5. A change that results in a decrease in actual emissions if the source wants to claim credit for the decrease in determining whether the source has a net emissions increase for any purpose. The logged information shall include a description of the change that will produce the decrease in actual emissions. A decrease that has not been logged is creditable only if the decrease is quantiiiable, enforceable, and otherwise qualifies as a creditable decrease. C. Except as provided in the conditions appIicable to an emissions cap created under R18-2-306.02, the following changes may be made if the source provides written notice to the Deparhnent in advance of the change as provided below: 1. Replacing an item of air pollution con!rol equipment listed in the permit with one that is not identical but that is substantially similar and has the same or better pollutant removal efficiency: 7 days. The Director may require verification of efficiency of the new equipment by performance tests; 2. A physical change or change in the method of operation that increases actual emissions more than 10% of the major source threshold for any conventional pollutant but does not require a pennit revision: 7 days; 3. Replacing an item of air pollution control equipment listed in the permit with one that is not substantially similar but that has the same or better efiiciency: 30 days. The Director may require verification of efficiency of the new equipment by performance tests; 4. A change that would trigger an applicable requirement that already exists in the permit: 30 days unless otherwise iequired by Ae applicable iequiiernenr; 5. A change that amounts to reconstruction of the source or an affected facility: 7 days. For purposes of this subsection, reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new source or affected facility and the changes to the components have occurred over the 12 consecutive months beginning with commencement of construction; and 6. A change that will result in the emissions of a new regulated air pollutant above an applicable regulatory thresh- Page 37 Supp. 02-1 Title 18, Ch. 2 D. E- F. G- H. I. Arizona Administrative Code Department of Environmental Quality - Air Pollution Control old but that does not trigger a new applicable requirement for that source category: 30 days. For purposes of this requirement, an applicable regulatory threshold for a conventional air pollutant shall be 10% of the applicable major source threshold for that pollutant For each change under subsection (C), the written notice shall be by certified mail or hand delivery and shall be received by the Director the minimum amount of time in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided with less than required notice, but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the change as possible. The written notice shall include: I. When the proposed change will occur, 2. A description of the change, 3. Any change in emissions of regdared air pollutants, and 4. Any permit term or condition that is no longer applicable .. as a result of the change. A source may implement any change in subsection (C) without the required notice by applying for a minor permit revision under R18-2-319 and complying with subsection R18-23 19@)(2) and (G). The permit shield described in R18-2-325 shall not apply to any change made under this Section, other than implementation of an alternate operating scenario under subsection @)(I). Notwithstanding any other part of this Section, the Director may require a permit to be revised for any change thaf when considered together with any other changes submitted by the same source under this Section over the term of the permit, constitutes a change under subsection R18-3 17.01(A). If a source change is described under both subsections (B) and (C), the source shall comply with subsection (C). If a source change is described under both subsections (C) and. R18-2317.01 (B), the source shall comply with R18-2-317.01(B). A copy of all Iogs required under subsection (33) shall be filed with the Director within 30 days after each anniversary of the permit issue date. If no changes were made at the source requiring logging, a statement to that effect shall be filed instead. action on such request, and for Class I permits may i n c o ~ o - ' a e such changes wlthout providing nobce to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this Section. D. ?he Director shall submlt a copy of Class I permlts revised under this Section to the Administrator. E. Except for adrnlnistrative permit amendments involving a transfer under R18-2-323, the source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request. Historical Note Adopted effective May 14,1979 (Supp. 79-1). Former Section R9-3-3 18 renumbered without change as R18-23 18 (Supp. 87-3). Amended subsection (A) effective December 1,1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15,1993 (Supp. 934). R18-2-318.01.Annual Summary Permit Amendments for Class I1 Permits The Director may amend any Class Il permit annually without following R18-2-321 in order to incorporate changes reflected in logs or notices filed under R18-2-317.02- The amendment shall be effective to the anniversary date of the permit. The Director shall make available to the public for any source: I. A complete record of Iogs and notices sent to the Department under R18-2-3 17.02; and 2 Any amendments or revisions to the source's permit. Historical Note New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22,1999 (Supp. 99-3). R18-2-319. Historical Note New Section adopted by final rulemaking at 5 A.A.R 4074, effective September 22, 1999 (Supp. 99-3). Rl8-2318. Administrative Permit Amendments A. Except for provisions pursuant to Title IV of the Act, an administrative permit amendment is a permit revision that does any of the following: 1. Corrects typographica1 errors; 2. Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source; 3. Requires more fiequent monitoring or reporting by the permittee; 4. Allows for a change in ownership or operational control of a source as approved under R18-2-323 where the Director determines that no other change in the permit is necessaxy, provided that a w-rinen agreement containing a specific date for transfer of permit responsibility coverage, and liability berween the current and new permittee has been submitted to the Director; B. Administrative permit amendments to Title IV provisions of the permit shall be governed by regulations promulgated by the Administrator under Title IV ofthe Act. C. The Director shall take no more than 60 days &om receipt of a request for an adm~nimtivepemit amendment to take final Supp. 02-1 Minor Permit Revisions A. Minor permit revision procedures may be used only for those changes at a Class I source that satisfy all of the following: Page 38 1. 2. Do not violate any applicable requirement; Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the permit; 3. Do not require or change a case-by-case determination of an emission limitation br other st&dard, or a source-speclfic determination of ambient impacts, or a visibility or increment analysis; 4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an applicable requirement to which the source would otherwise be subject The terms and conditions include: a. A federally enforceable emissions cap that the source would assume to avoid classification as a modification under any provision of Title I of the Act; and b. An alternative emissions limit approved under remlations promulgated under the Section 112(i)(5) of the Act 5. Are not modifications under any provision of Title I. of the Act; 6. Are not changes in fuels not represented in the permit application or provided for in the permit; 7. The increase in the source's potential to emit any r e p lated air pollutant is not significant as defined in R18-2101; and 8. Are not required to be processed as a significant revision under R18-2-320. March 3 1,2002 " Arizona Ahinistmfive Code Title 18, Ch. z Department of Environmental Qualiry - Air Pollunon Control Minor permit revision procedures shall be used for the following changes at a Class I1 source: 1 . A change that triggers a new applicable requirement if all of the following apply: a For emissions units not subject to an emissions cap, the net emissions increase is less than the significant level defined in subsection RI 8-2-lOI(111); b. A case-by-case determination of an emission limitatron or other standard is not required; and . The change does not require the source to obtain a c. Class I permit; 2. Increasing operating hours or rates of production above the permitted level unless the increase otherwise creates a condition that requires a significant permit revision; 3. A change in fuel from he1 oil or coal, to natural gas or propane, if not authorized in the permit; 4. A change that results in emissions subject to monitoring, recordkeeping, or reporting under subsection RI 8-2306(A)(3),(4), or (5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit; 5. A decrease in the emissions permitted under an emissions cap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and enforceable; and 6. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better efficiency. As approved by the Director, minor permit revision procedures may be used for pemit revisions involving the use of economic incentives, marketable permits, emissions trading, and other sirnllar approaches, to the extent that the minor permit revision procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the Administrator. An application for minor permit revision shall be on the standard application form contained in Appendix I and include the following: 1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; 2. For Class I sources, and any source that is making the change immediately after it files the application, the source's suggested draft perrnic 3. Certification by a responsible official, consistent with standard permit application requirements, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that the procedures be used; EPA and affected state notification. For Class I permits, within 5 working days of receipt of an application for a minor permit revision, the Director shall notify the Administrator and affected states of the requested permit revision in accordance with R18-2-307. The Director shall follow the following timetable for action on an application for a minor permit revision: 1. For Class I permits, the Director shall not issue a final permit revision until after the Adminiskitor's 45day review period or until the Administrator has notified the Director that the Administrator will not object to issuance of the permit revision, whichever is Ist, although the Director may approve the permit revision before that time. Within 90 days of the Director's receipt of an application under minor permit revision procedures, or 15 days after the end of the .4dministrator's 45-day review March 3 1,2002 period, whichever is later, the Director shaD do 1 or more of the following: a Issue the permit revision as proposed, b. Deny the p e q i t revision application, c. Determine that the proposed pemit revision does not meet the minor permit revision criten'a and should be reviewed under the significant revision procedures, or d Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as required in RI 8-2-307. 2. Within 60 days of the Director's receipt of an application for a revision of a Class I1 permit under this Section, the Director shall do 1 or more of the following: a Issue the permit revision as proposed; b. Deny the permit revision application; c. Determine that the permit revision does not meet the minor permit .revision criteria and should be reviewed under the significant revision procedures; or -d. Revise and issue the proposed permit revision. 6- The source may make the change proposed in its minor permit revision application immediately after it files the application. After the source makes the change allowed by the preceding sentence, and until the Director takes any of the actions specified in subsection (F), the source shall comply with both the applicable requirements governing the change and the proposed revised permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it. W. The permit shield under R18-2-325 shall not extend to minor permit revisions. I. ~otwithstandingany other part of this Section, the Director may require a permit to be revised under R18-2-320 for any change that, when considered together with any other changes submitted by the same source under this Section or R18-23 17.02 over the life of the permiq do not satisfy subsetion (A) for Class I sources or subsection (B) for Class I1 sources. 3. The Director shail make available to the public monthly summaries of all applications for minor permit revisions. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-3 19 renumbered without change as R18-23 19 (Supp. 87-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). R18-2-320. Significant Permit Revisions A. For Class I sources, a significant revision shall be used for an B. Page 39 application requesting a permit revision that does not qualify as a minor permit revision or as an administrative amendment A significant revision that is only required because of a change described in RI 8-2-3 19(A)(6) or (7) shall not be considered a significant permit revision under part 70 for the purposes of 40 CFR 645(a)(2). Every significant change in existing monitor-' ing permit terrns or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall follow significant revision procedures. A source with a Class I1 permit shaIl make the foIlowing changes only after the permit is revised following the public participation requirements of RI 8-2-330: Supp. 02-1 Title 18, Ch. 2 Arizona Administrative Code Department of Environmental Quality - Air Poilution Control I. Establishing or revising a voluntvily accepted emission limitation or standard as described by R18-2-306.01 or R18-2-306.02, except a decrease in the limitation authorized by subsection R18-2-3 19(B)(5); 2 Making any change in fuel not authorized by the permit and that is not fuel oil or coal, to natural gas or propane; 3. A change to or addition of an emissions unit not subject to an emissions cap that wiil result in a net emission increase of a pollutant greater than the significance level in subsection RI 8-2-1 01(104); 4. A change that reIaxes monitoring, recordkeeping, or reporting requirements, except when the change results fi-om: a. Removing equipment that results in a permanent decrease in actual emissions, if the source keeps onsite records of the change in a log that satisfies Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or b. A change in an applicablerequirement 5. A change that will cause the source to violate an existing applicable requirement including the conditions establishing an emissions cap; 6. A change that will require any of the following: a A case-by-case determinaiion of an emission limitation or other standard; b. A source-specific determination of ambient impacts, or a visibility or increment analysis; or c. A case-by-case determination of a monitoring, recordkeeping, and reporhg requirement. 7. A change that requlres the source to obtain a Class I permit C. Any modification to a major source of federally listed hazardous air pollutants, and any reconstruction of a source, or a process or production unit, under Section I12(g) of the a c t and regularions promulgated thereunder, shall folIow significant permit revision procedures and any mles adopted under A.RS. $49-426.03. D. Significant permit revisibns shall meet all requirements of this Article for applications, public participation, review by affected states, and review by the Administrator that apply to permit issuance and renewal. E. When an existing source applies for a significant permit revision to revise its permit from a Class I1 permit to a Class I permit, it shall submit a Class I permlt application in accordance with R18-2-304. The Director shall issue the entire permit, and not just the portion being revised, in accordance with Class I permit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in R18-2-307 and R18-2-330. F- The Director shall process the majority of significant permit revision applications received each calendar year within 9 months of receipt of a complete pennit application but in no case longer than 18 months. AppIications for which the Director undertakes accelerared processing under subsection KI 8-23 2 6 0 shall not be included in this requirement. This subsection does not change any time-frame requirements in Chapter 1. Historical Note Adopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Amended effective June 4,1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20,1999 (S~pu.99-4). Supp. 02-1 Rl8-2321. Permit Reopenings; Revocation and Reissuance Termination k Reopening for Cause. 2 . Each issued permit shall include provisions speciiylng 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 foIlowing circumstances: a Additional applicable requirements under the Act become applicable to a major source with a remaining permit term of 3 or more years. Such a reopening shall be completed not later than 18 months after promuigation of the appIicabIe requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to R18-2-322(B). Any permit revision required pursuant to this subsection shall comply with provisions in R18-2-322 for permit renewal and shall reset the 5-year permit term. b. Additional requirements, including excess emissions, requirements, become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the Class I permit. c. The Director or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit. d The Director or the Administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements. 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 appIy to initial permit issuance and shall, except for reopenings under subsection (])(a), affect only those parts of the permit for which cause to reopen ekists. Such reopening shall be made as expeditiously as practicable. 3. Reopenings under subsection (A)(l) shalI not be initiated before a notice of such intent is provided to the source by the Director at least 30 days in advance of the date that the permit is to be reopened, except that the Director may provide a shorter time period in the case of an emergency. 4. When a permit is reopened and revised pursuant tothis Section, the Director may make appropriate revisions to the permit shield established pursuant to R18-2-325. B. Within 10 days of receipt of notice from the Administrator that cause exists to reopen a Class I permit, the Director shdl notify the source. The source shall have 30 days to respond to the Director. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, or within any extension to the 90 day% ,pnted by EPA, the Director shall forward to the Administrator and the source a ~roposed determination of termination, revision, or revocation and reissuance of the permit Within 90 days of receipt of an EPA objection to the Director's proposal, the Director shall resolve the objection and act on the permit C The Director may issue a notice of termination of a permit issued pursuant to this Chapter i f 1. The Director has reasonable cause to believe that the permit was obtained by fraud or misrepresentation. Page 40 March 3 1,2002 Arizona Administr~tiveCode Department of Environmental Quality - .Air Pollution Connol 2. The person applying for the permit failed to disclose a material fact required by the permit application form or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the time the application was submitted. 3. The terms and conditions of the permit have been or are being violated. If the Director issues a notice of termination under this Section, the notice shall be served on the permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation and a statement that the permittee is entitled to a hearing. Historical Note Adopted effective September 22, 1983 (Sqip. 83-5). Former Section R9-3-321 renumbered without change as R18-2-321 (Supp. 87-3). Amended effective September 26, I990 (Supp. 90-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). R18-2-322. Permit Renewal and Expiration A permit being renewed is subject to the same procedural requirements, including any for public participation and affected states and Administrator review, that would apply to that permit's initial issuance. B. Except a s provided in R18-2-303(A); permit expiration terminates the source's right to operate unless a timely application for renewal that is sufficient under A.R.S. 5 41-1064 has been submitted in accordance with R18-2-304. Any testing that is required for renewal shall be completed before the proposed permit is issued by the Director. C. The Director shall act on an application for a permit renewal within the same time-frames as on an initial permit. A. b. A statement by the chief financial officer of the new permittee that it is financially capable of operating the facility in compliance with the law, and, the information that provides the basis for that statement; c. A brief description of any action for the enforcement of any federal or state law, rule, or regulation, or any county, city, or local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for operating the facility during the 5 years preceding the date of applica'tion. In lieu of this description, the new permittee may submit a copy of the certificate of disclosure or 10-K 'form required under A.R.S. 5 49-1 09, or a statement that this information has been filed in compliance with A.R.S. 5 49-1 09. The Director shall deny the transfer if the Director determines that the organization receiving the permit is not capable of operating the source in compliance with A.R.S. Title 49, Chapter 3, Article 2, the provisions of this Chapter or the provisions of the permit. Notice of the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within 10 working days of the Director's receipt of the application. If the transfer is not denied within 10 working days after receipt of the notice, it shall be deemed approved. To appeal the transfer denial: 1. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and 2. The appeal process for a permit shall be followed. The Director shall make available to the public monthly summaries of all notices received under this Section. Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-323 renumbered without change as R18-2-323 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Historical Note Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-322 renumbered without change as. R18-2-322 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15,1993 (Supp. 93-4). Rl8-2-323. Permit Transfers A. Except as provided in A.R.S. 5 49-429 and subsection (B), a Class I or I1 permit may be transferred to another person if the person who holds the permit gives notice to the Director in writing at least 30 days before the proposed transfer. The notice shall contain the following: 1. The permit number and expiration date; 2. The name, address, and telephone number of the current permit holder; 3. The name, address and telephone number of the person to receive the permit; 4. The name and title of the individual within the organization who is accepting responsibility for the permit along with a signed statement by that person indicating such acceptance; 5. A description of the equipment to be transferred; 6. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee; 7. Provisions for the payment of any fees pursuant to R18-2326 or R18-2-501 that will be due and payable before the effective date of transfer, 8. SuffTcient information about the source's technical and financial capabilities of operating the source to allow the Director to make the decision in subsection (B) including: a The qualifications of each person principally responsible for the operation of the source; March 31,2002 Title 18, Ch. 2 Page 4! 18-2-324, Portable Sources A portable source that will operate for the duration of its permit solely in 1 county that has established a local air pollution control program pursuant to A.RS. 5 49-479 shall obtain a permit from that county. A portable source with a county permit shall not operate in any other county. A portable source which has a county permit but proposes to operate outside the county shall obtain a permit from the Director. Upon issuance of a permit by the Director, the county shalI terminate the county permit for that source. Before commencing operation in the new county, the source shall notify the Director and the control officer who has jurisdiction over the geo,gaphic area that includes the new location according to subsection (D). An owner of portable source equipment which requires a permit under this Chapter shall obtain the permit prior to renting or leasing said equipment. This permit shall be provided by the owner to the renter or lessee, and the renter or lessee shdl be bound by the permit provisions. In the event a copy of the permit is not provided to the renter or lessee, both the owner and the lessee or renter shall be responsible for the operation of this equipment in compliance with the permit conditions and any violations thereof. A portable source may be transferred from 1 location to another provided that the owner or operator of such equipment notifies the Director and any control officer who has jurisdiction over the geo-pphic area that includes the new location of Supp. 02-1 Title 18, Ch. 2 Arizona Administrative Code Department of Environmental Quality - Air Pollution Control E. based on a source being classified in one of the following categones: I. Class I Title V sources are those required or that elect to have a p e m t under R18-2-302(B)(I). 2. Class I1 Title V sources are those required to have a permt under R18-2-302(B)(2) and for which either R18-2302(B)(2)(a)(i) or (ii) applies. 3. Class 11Non-TitIe V sources are those required to have a permit under R18-2-302(B)(2) and for which neither Rl8-2-302@)(2)(a)(i) nor (ii) applies. B. Fees for P e m t Actions- The owner or operator of a Class I Title V source, Class 11Title V source, or Class 11Non-Title V source shall pay to the Director $66 per hour, adjusted annufor all permit processing time ally under subsection 0, required for a b~llablepermit action. Upon completion of permit processing activities other than issuance or denial of the permit or permit revision, the Director shall send notice of the decision to the applicant along with a final itemized bill. The maximurn fee for any billable permit action for a non-Title V source 1s $25,000. Except as provided in subsection (G), the Director shall not issue a permit or permit revision until the final b~lIis paid in hll. 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 Duector an administrative fee plus an emissions-based fee as follows: 1. The applicable admimstrative fee fiom the table below, as adjusted annually under subsection (H). The fee is due by March 31 or 60 days after the Director mails the invoice under subsection Q, whichever is later. the transfer by certified mail at least 10 working days before the transfer. The notification required under this subsection shall include: 1. X description of the equipment to be transferred including the permit number for such equipment; 2. A descripdon of the present location; 3. A description of the location to which the equipment is to be transferred, including the availability of all utilities, such as water and electricity, necessary for the proper operation of all control equipment; 4. The date on which the equipment is to be moved; and 5 . The date on which operation of the equipment will begin at the new location. Any pennit for a portable source shall contain conditions that will assure compliance with all applicable requirements at all authorized locations. IEstorical Note Adopted effective November 15, 1993 (Supp. 93-4). Pi18-2-325. Permit Shields A. Each Class I or I1 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 o f the date of permit issuance, provided that such applicable requirements are included and expressly identified in the permit The Director may include in a permit determinations that other requirements specifically identified are not applicable. Any permit under this Chapter that does not expressly state that a permit shield exists shall not provide such a shield. B. Nothing in this Section or in any permit shall alter or affect the following: 1. The provisions of Section 303 of the Act (emergency orders), including the authority of the Administrator under that section; 2. The liability of an owner or operator of a source for any violation. of - appIicable requirements prior to or at the time oi permlt Issuance; 3. The applicable requirements of the acid rain program, consistent with Section 408(a) of the AcS 4. The ability of the Administrator or the Director to obtain information korn a source pursuant to Section 114 of the Act, or any provision of state law; 5 . The authority of the Director to require compliance with new applicable requirements adopted after the permit is issued C. In addition to the provisions of R18-2-321, a permit may be reopened by the Director and the permit shield revised when it is determined that standards or conditions in the permit are based on mcorrect information provided by the applicant. Historical Note Emergency rule adopted effective September 17,199 1, pursuant to A.R.S. $41-1026, valid for only 90 days (Supp. 91-3). Emergency rule re-adopted without change effective December 16, 1991, pursuant to A.R.S. $411026, valid for only 90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15, 1993 (Supp. 93-4). / I I I Wood Furniture R18-2-326. F w 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 Section unless authorized to operate under a general permit issued under Article 5. The fees are Supp. 02-1 Class I Title V Source Category Aerospace Cement Plants CombustioniBoilers Compressor Stations Electronics ExDandableFoam . Foundries Landfills Lime Plants Copper & Nickel Mines Gold Mines ( Mobile Home Manufactuing Paper Mills Paper Coaters Petroleum Products Terminal Facilities Polymeric Fabric Coaters Reinforced Plastics Semiconductor Fabrication Copper Smelters Utilities - Natural Gas Utilities - Fossil Fuel Except Natural Others with Continuous Emissions / Monitoring Page 42 Administrative Fee $12,900 $39,500 S9,600 $7,900 $12,700 $9.100 $12,100 $9,900 $37,000 $9,300 $9.300 I $9,200 1 $12,700 1 $9,600 1 $14.100 1 $12,700 $9,600 ) $16,700 / $39,500 $1 0,200 $20,200 t 1 1 1 1 1 1 1 $9,600 $9,900 S 12,700 March 3 1,2002 Arizona Administrahe Code Title 18, CCh. 2 Department of Environmental Quality - Air Pollution Control An emissions-based fee ofS11.75 per ton of actual emissions of all regulated pollutants emitted dunng the premous calendar year ending 12 months earlier. The fee is adjusted annually under subsection (d) and due by March 3 1 or 60 days after the Director mails the invoice under subsection Q, whichever is later. a. For purposes of this Section, "actual emissions" means the quantity of all regulated pollutants ernitted during the calendar year, as determined by the annual emissions inventory under R 18-2-327. b. For purposes of this Sectlon, 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 misf hydrogen sulfide, total reduced sulfur, and reduced sulfur compounds; and iv. Any federally listed hazardous air pollutant. For purposes of this Section, the following emisc. sions of regulated pollutants are excluded from a source's actual emissions: i. Emissions of any regulated pollutant &om 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 PM 10; iii. Emissions &om insignificant activities listed in the pemut application for the source under R18-2-304(E)(8); iv. Fugltive emissions of PMlO from activities other than crushing, belt transfers, screening, or stacking; and v. Fugitive emissions of VOC from solutionextraction units. d. The Director shall adjust the rate for emission-based fees every January I, beginning on January 1,2003, by multiplying $1 I .75 by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2001. The Consumer Price Index for any year is the average of the Consumer h i c e Index for all-urban consumers pubhshed by the United States Department of Labor, as of the close of the 12-month period ending on August 3 1 of that year. Class I1 Title V Fees. The owner or operator of a Class I1 Title V source that has undergone initial startup by January 1 shall pay the applicable administrative fee from the table below, adjusted under for that calendar year, annually thereafter. The fee is due by March 31 or 50 days after the Director mails the invoice under subsection (F), whichever is later. 2. D. m), CLASS 11 Titie V Source Category Synthetic minor sources, except portable sources Stationary Portables SrnalI Source iMarch 31,2002 Administrative Fee Administrative fee from Class I Title V table for category $5,000 $5,000 $500 E. Class I1 Non-Title V Fees. Tne owner or operator of a ~ 1 11% ~ Non-Title V source that has undergone ininal starnip by January 1 shall pay the applicable inspection fee from the table below, adjusted under subsection (Ti), for that calendar year, and annually thereafter. The fee is due by March 31 or 60 days after the Director mails the involce under subsection (F), whichever is Iater. . Class I1 Pion-Title V Source Category Stationary Po*abies GasoIine Sewice Statlons Inspection Fee $3,250 $3,250 $5 00 F. The Dlrector shall mail the owner or operator of each source an invoice for all fees due under subsections (C), (D), or (E) by January 31. G. A"Yperson who receives a final itemized bill fiom the Director under this Section for a billable permit acnon may request an iniomal review of the hours billed and may pay the bill under protest- If the bill is paid under protest, the Director shall take final action on the permit or perm~tremsion. 1. The request shall be made in writing, and received by the Director within 30 days of the date of the final bill. Unless the Director and person agree othennse, the informa1 review shall take place within 30 days after the Director's receipt of the request. The Director shall m g e the date and location of the informal review with the person at least 10 business days before the iniomal review. The Director shall review whether the amounts of time billed are correct and reasonable for the tasks involved The Director shall mail his or her decis~onon the informal revlew to the person wjthin 10 business days after the informal review date. 2. The Director's decision after informal review shall become fmal unless, within 30 days after person's receipt of the informal review decision, the person requests a hearing under R18-1-202. H. The Director shall adjust the hourly rate every January 1, to the nearest ten cents per hour, beginning on January 1, 2003, by multiplying $66 by the Consumer Price Index (CPI) for the most recent yea., and then dividing by the CPI for the year 2001. The Director shall adjust the administrative or inspection fees listed in subsections (C), @), and (E) every January I, to the nearest $10, beginning on January 1, 2003, by multiplying the administrative or inspection fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2001. The Consumer Price Index for any year is the average of the Consumer Price Index for allurban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 3 1 of that year. 1. A" applicant for a CIass 1 or ChSs 11permit or permit revision may request that the Director provide accelerated processing of the application by providing the Director wntten notice 60 days before filing the application. The request shall be accompanied by an initial fee of $15,000. The fee is non-refundable to the extent of the Director's costs for accelerating the processing if the Director undertakes the accelerated processing described below: 1. If an applicant requests accelerated permit processing, the Director may, to the extent practicable, undertake to process the permlt or permit revision in accordance with the following schedule: Page 43 Supp. 02-1 Title 18, Cb. 2 Arizona Adminimative Code Department of Environmental Quality - Air Pollution Control For applications for inirial Class I and II permits under R18-2-302 or significant permit revisions under R18-2-320, the Director shall issue or deny the proposed permit or permit revision within 120 days after the Director determines that the applica-. tion is complete. b. For minor permit revisions under R18-2-319, the Director shall issue or deny the permit revision within 60 days after receiving a complete application. 2. At any time after an applicant requests accelerated permit processing, the Director may require additional advance payments based on the most recent estimate of additional costs. 3. Upon completion of permit processing activities but before issuance or denial of the permit or permit revision, the Director shall send notice of the decision to the applicant along with a final bill. The maximum fee for any billable permit action for a non-Title V source is $25,000. The final bill shall include all regular permit processing and other fees due, and, in addition, the difference between the cost of accelerating the permit application, including any costs incurred by the Director in contracting for, hiring, or supervising the work of outside consultants, and all advance payments submitted for accelerated processing. In the event ail payments made exceed actual accelerated permit costs, the Director shall refund the excess advance payments. Nothing in this subsection affects the public participation requirements of R18-2330, or EPA and affected state review as required under R18-2-307 or R18-2-3 19. J. Inactive Sources. The owner or operator of a pennitted source that has undergone initial startup but was shut down for the entire preceding calendar year shalt pay 50% of the administrative or inspection fee required under subsection (C);(D), or Q. The owner or operator of a source claiming inactive status under this subsection shall submit a letter to the Director by December 15 of the year prior to the billing year. Termination of a permit does not relieve a source of any past fees due. K Transition. I. Subsections (A) through (J) of this Section are effective January 1, 2002. The first administrative or inspection fees are due on March 3 1,2002. 2. Except as provided in subsection @), all fees incurred after January 1,2002, are payable in accordance with the rates contained in this Sectiona Emission-based fees for calendar year 2000 shall be billed at $1 1.75 per ton and be due March 31,2002 b- The hourly rates and maximum fees for a new permit or permit revision are those in effect when the application for the permit or revision is determined to be complete. c. Fees accrued but not yet paid before the effective date of this Section remain as obligations to be paid to the Department. a Historical Note Emergency rule adopted effective September 17, 1991, pursuant to A.RS. 5 41-1026, valid for only 90 days (Supp. 9 1-3). Emergency rule re-adopted without change effective December 16, 1991, pursuant to A.R.S. 5 411026, valid for only 90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 0 1-4). Supp. 02-1 R?8-2-327. Annual Emissions Inventory Questionnaire A. Every source subject to a permit requlrement under this Gap ter shall complete and submit to the Director an annual emissions inventory questionnaire- The questiomaire 1s due by March 3 1 or 90 days after the Director makes the inventory form available, whichever occurs later, and shall include emission mformation 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 Director and shall include the foilowlng information: 1. The source's name, description, mading 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 quantity of emissions from permitted emission points and fugitive emissions as provided in the permit, including documentation of the method of measurement, calculation, or estimation, determined pursuant to subsecbon (C), of the following regulated air pollutants: a Any single regulated air pollutant in a quantity greater than 1 ton or the amount listed for the pollutant in subsection (a) of the definition of "significant" in R18-2-10], whichever is less. b. Any combination of regulated air pollutants in a quantity greater than 2 112 tons. C. Actual quantities of emissions shall be determined using the following emission factors or data: I. Whenever available, emissions etimates shall either be calculated from continuous emissions monitors certified, pursuant to 40 CFR 75, Subpart C and referenced appendices, or data quality assured pursuant to Appendix F of 40 CFR 60. 2. When sufficient data pursuant to subsection (C)(l) is not available, emissions estimates shall be calcuIated from data from source performance tests conducted pursuant to R18-2-312 in the calendar year being reported or, when not available, conducted in the most recent calendar year representing the operating conditions of the year being reported. 3. When sufficient data pursuant to subsection (C)(l) or (C)(2) is not available, emissions estimates shall be calculated using emissions factors from EPA Publication No. AP-42 "Compilation of Air Pollutant Emission Factors", Volume I: Stationary Point and Area Sources, Fifth Edition, 1995, U.S. Environmental Protection Agency, Research Triangle Park, NC (and no future editions) which is incorporated by reference and is on file with the Department of Environmental Quality and the O E c e of Secretary of State. AP-42 can be obtained from the Superintendent of Documents, Government Printing Office, Wahington, D.C. 20402, telephone (202) 7833238, or by downloading the document from the EPA Technology Tmnsfer Network, computer modem number (919) 541-5742, setting 8-N-1, VTI 00, or ANSI. 4. When sufficient data pursuant to subsections (C)<1) through (C)(3) is not available, emissions estimates shall be calculated from m a t e d balance using engineering knowledge of process. 5. When sufficient data pursuant to subsections (C)(1) through (C)(4) is not available, emissions estimates shall be calculated by equivalent methods approved by the Director. ??le Director shall only approve methods that Page 44 ' ' t h ' March 31,2002 . Arizona Administratratrye Code Department of Environmental Quality - Air Pollution Control -.. , . . are demonstrated as accurate and reliable as the applicable method m subsections (C)(l) through (4). D. Actual quantltles of ermssons calculated under subsection (C) shall bedetennined 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. E. An amendment to an annual emission inventory questionnaire, containing the documentation required by subsection (B)(3), shall be submitted to the Director by any source whenever it discovers or receives notice, wthin 2 years of the original submittal, that incorrect or insuffjcientinformation was submitted to the Director by a previous questionnaire. If the incorrect or insufiicient information resulted in an incorrect annual emissions fee, the Director shall require that additronal payment be made or shall apply an amount a s a credit to a h t m e annual emissions fee. The submittal of an amendment under this subsetion shall not subject the owner or operator to an enforcement action or a civil or cnminal penalty if the original submittal of iqcorrect or insufficient information was due to reasonable cause and not wilhl neglect. F. The Directormay require submittal of supplemental emissions inventory questionnaires for air contaminants pursuant to A.R.S. $8 49-422,49424, and 49-426.03 through 49-426.08. Historical Note Emergency rule adopted effective September 17,199 1, pursuant to A.RS. 5 41-1026, valid for only 90 days (Supp. 91-3). Emergency rule re-adopted without change effective December 16,1991, pursuant to A.R.S. 5 411026, valid for only 90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15,1993 (Supp. 93-4). Amended effective December 7,1995 (Supp. 95-4). R18-2-328. Conditional Orders A. The Director may grant to any person a conditional ordkr for each air pollution source which allows such person to vary from any provision of A.R.S. Title 49, Chapter 3, Article 2, or this Chapter, for any non-federally enforceable requirement of a permit issued pursuant to this Chapter if the Director makes each of the following findings: 1. Issuance of the conditional order will not endanger public health or the environment, impede attainment or maintenance of the national ambient air quality standards, or constitute a violation of the AcS and 2. Either of the following is true: a There has been a breakdown of equipment or upset of operations beyond the control of the petitioner which causes the source to be out of compliance with the requirements of this Chapter, the source was in compliance with the requirements of this Chapter before the breakdown or upset, and the breakdown or upset may be corrected within a reasonable time; b. There is no reasonable relationship between the economic and social cost of, and benefits to be obtained from, achieving compliance. B. The following procedures shall apply to a person seeking a conditional order. 1: The person shall file a petition for a conditional order with the Director. The petition shdl contain at a minimum: a A description of the breakdown or upset; b. A description of corrective action being undertaken to bring the source back into compliance; March 3 1,2002 Title 18, Cfi. 3 c. .4n estimate of emissions related to the breakdown or upser; d -4 compliance schedule with a date. of find compiiance and interim dates as appropriate; e. A detailed analysis of the economic and social costs and benefits of achieving compliance with the requirement for which the variance is sought, if the petition is based on subsection (A)(2)@). 2. If the issuance of the conditional order requires a public hearing pursuant to R18-2-330, the Director shall set the hearing date within 30 days after the filing of the petition and ihe hearing shall be held within 60 days after the filing of the petition. 3. Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in A.R.S. $ 49-444 and R18-2330C. Decisions on petitions for a conditional order shall be made a s follows: 1. For any conditional order that requires a revision to the SIP, the Director shall comply with the requirements contained in 40 CFR 5 1, Subpart F. 2. For any other conditional order, the Director shall g r k t or deny the petition with such terms and conditions as are listed in subsection (E)(2) within 30 days after the conclusion of any required hearing, or, if no hearing is held, within 60 days after the filing of the petition. D. A fee to cover the costs of processing conditional orders may be charged by the Director prior to issuance consistent with R18-2-326(I) or (9. 'The fee shall be deposited in the permit adrninismtion fund established in A.R.S. 5 49455. E. The terms of a conditional order or its renewal shall conform to the following: 1. A conditional order issued by the Director shall be valid for such period as the Director prescribes but in no event for more than 1 year in the case of a source that is required to obtain a permit pursuant to this Chapter and Title V of the Act, and 3 years in the case of any other source that is required to obtain a permit pursuant to this\ Chapter. 2. The terms and conditions which are imposed as a condition to the granting or the continued existence of a condi- , ,. tional order shall include: a A detailed plan for completion of..corrective steps needed to conform to the provisions of A.RS. Title 49, Chapter 3, Article 2, this Chapter, and the requirements of any permit issued pursuant to this Chapter; b. A requirement that necessary construction shall begin as expeditiously as practicable and proceed as specified in the compliance schedule; c. Written reports, at least quarterly, of the status of the source and construction progress; d. The right of the Director to make periodic inspection of the facilities for which the conditional order is granted; e. Such additional terms and conditions as the Director finds necessary to meet the requirements of this Settion and A.RS. § 49-437. 3. A holder of a conditional order may petition the Director to renew the order. The total term of the initial period and all renewals shall not exceed 3 years from the date of initial issuance of the order. Petitions for renewal may be filed at any time not more than 60 days nor less than 30 days prior to the expiration of the order- The Director, within 30 days of receipt of a petition, shall renew the Page 45 Supp. 02-1 Titie IS, Ch. 2 Arizona Administrative Code Department of Environmental Quality - Air Pollution Control conditional order for 1 year ~fthe petitioner is in compiiance and confonnmg with the terms and condit~ons imposed. The D~rectormay r e h e to renew the condi, a public hearing held within 30 days tional order ~ fafter of rece~ptof a petition, the Director finds that the petitioner is not in compliance and conforming with the terms and conditions of the conditional order. If; after a period of 3 years from the date of original issuance, the petitioner i's not in compliance and conforming with the terms and conditions, the Director may renew a conditional order for a total term of 2 additional years only if the Director finds that failure to comply and conform is due to conditions beyond the control of such petitioner4. If the Director amends or adopts any rule imposing conditions on the operation of an air pollution source which have become effective as to the source by reason of the action of the Director or otherwise, and which require the implementation of control strategies necessitating the installation of additional or different air uollution control equipment, the Director may renew a conditional order for an additional term. The tern of the renewal shall be governed by the preceding subsections of this Section, except that the total term of the renewal shall not exceed 2 years. 5. A conditional order issued by the Director shall be effective when issued unless: a The conditional order varies from the requirements of the applicable implementation plan, in which case the conditional order shall be submitted to the Administrator as a revision to the applicable implementation plan pursuant to Section 110(l) of the Act and shall become effective upon approval by the Administrator. b. The conditional order varies from the requirements of a pennit issued for a facility that is recjuired to obtain a permit pursuant to Title V of the Act, in which case the conditional order shall be submitted to the Administrator if required by Section 505 of the Act and shall be effective at the end of the review period specified in such section, unless objected to within such period by the Administrator. Violation of the terms and conditions of the conditional order shall subject the source to suspension or revocation of the conditional order in accordance with A.R.S. $49-441. Historical Note Adopted effective November 15, 1993 (Supp. 93-4). R18-2-329. Permits Containing the Terms and Conditions of Federal Delayed Compliance Orders @CO) or Consent Decrees A. The terms and conditions of either a delayed compliance order (DCO) or consent decree shall be incorporated into a permit through a pemit revision. In the event the permit expires prior to the expiration of the DCO or consent decree, the DCO or consent decree shall be incorporated into any pernii renewal. B- The owner or operator of a source subject to a DCO or consent decree shall submit to the Director a quarterly report of the status of the source and construction progress and copies of any reports to the Administrator required under the order or decree. The Director may require additional reporting requirements and conditions in permits issued under this Article. C . For the purpose of this Chapter, sources subject to a consent decree issued by a federal court shall meet the same requirements as those subject to a DCO. Historical Note Adopted effective November 15, 1993 (Supp. 93-4). Supp. 02- 1 R18-2-330. PubIic Participation -,I A. The Duector shall provide public notice, an opportunity f o ~ public comment, and an opportunity for a heanng before taking any of the following actions: t or renewal of a permit, I. A p e m ~ issuance 2. A s~pificantpermit revision, 3. Revocation and reissuance or reopening of a permit, 4. Any conditional orders pursuant to RI 8-2-328, 5. Gmting a variance from a general permit pursuant to A.R.S. 4 49-426.06(E) and RI 8-2-507. B. The Director shall provide public notice of receipt of complete applications for permits to construct or make a major modification to major sources by publishing a notice in a newspaper of general circulation in the county where the source is or will be located. C. The Director shall provide the notice required pursuant to subsection (A) as follows: 1. The Director shall publish the notice once each week for 2 consecutive weeks in 2 newspapers of general circulation in the county where the source is or will be located. 2. The Director shall mail a copy of the notice to persons on a mailing list developed by the Director consisting of those persons who have requested in writing to be placed on such a mailing list. The notice required by subsection (C) shall include the following: 1. Identification of the affected faciIity; 2. Name and address of the permittee or applican~ 3. Name and address of the permitting authority processing the permit action; 4. The activity or activities involved in the permit action; 5. The emissions change involved in any permit revisions; : 6. The air contaminants to be emitted; 7. If applicable, that a notice of confidentiality has been filed under R18-2-305; 8. If applicable, that the source has submitted a risk management analysis pursuant to A.R.S. $49-426.06; 9. A statement that any person may submit written corn rnents, or a written request for a public hearing, or both, on the proposed permit action, along with the deadline for such requests or comments; 10. The name, address, and telephone number of a person from whom additional information from the Dep-ent may be obtained; 11. Locations where copies of the penriit or permit revision application, the proposed permit, and all other materials available to the Director that are relevant to the permit decision may be reviewed, including the closest Ijepartment office, and the times at which they shall be available for public inspection. E. The Director shall hold a public hearing to receive comments on petitions for conditional orders which would vary from requxrements of the applicable implementation plan. For all other actions involving a proposed permit, the Director shall hold a public heaxing only llpon wsltten request If a public hearing is requested, the Director shall schedule the hearing and publish notice as described in A.R.S. 5 49-44 and subsec. Director shall give notice of any public heairng tion 0)The at least 30 days in advance of the hearing. F. At the time the Director publishes the 1st notice under subsectlon (C)(l), the applicant shall post a notice containing the information required in subsection @) at the site where the source IS or may be located. Consistent with federal, state, and local law, the posting shall be prominently placed at a location under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public road- Page 46 March 31,2002 Arizona Adminisfrative Code Depament of Environmental Quality - Air Pollution Control way. If a public hearrng is to be held, the applicant shall place an additional pomng providing notice of the hearing. Any posting shall be marntained unhl the public comment period is closed. G. The Director shall provide at least 30 days from the date of its IS not~cefor public comment. The Director shall keep a record of the commenters and of the issues rarsed during the public partrclpation process and shall prepare written responses to all comments received. At the hme a final decison is made, the record and copies of the D~rector'sresponses shall be made available to the applrcant and all commenters. Historical Note Adopted effective November 15, 1993 (Supp. 93-4). R1S-2-331. Material Permit Conditions 49-464(G) and 49-514(G), a A. For the purposes of A.R.S. "material permit condition" shall mean a condition which satisfies all of the following: 1. The condition is in a permit or permit revision issued by the Director or a control officer after November 15, 1993. 2. The condition is identiiied within the permit as a material permit condition. 3. The condition is 1 of the following: a. An enforceable emission standard imposed to avoid classification a s a major modification or major source or to avoid triggering any other applicable requirement; b. A requirement to install, operate, or maintain a maximum achievable control technology or hazardous air pollutant reasonably available control technology required pursuant to A.R.S. $49-426.06; c. A requirement for the installation or certification of a monitoring device; d. A requirement for the installation of air pollution control equipment; e. A requirement for the operation of air pollution' control equipment.; f. An opacity standard required by Section 111 or Title I, Part C or D of the Act. 4. Violation of the condition is not covered by A.R.S. 5 49W ( A ) through 0, or (€3) through (5) or A.R.S. 5 495 14(A) through (I or ? (H)) through , (5). B- For the purposes of subsections (A)(3)(c), (d), and (e), a permit condition shall not be material where the failure to comply resulted from circumstances which were outside the control of the source. As used in this Section, "circumstances outside the control of the source" shall mean circumstanceswhere the violation resulted from a sudden m d unavoidable breakdown of the process or the control equipment, resulted from unavoidable conditions during a start up or shut down or resulted from upset of operations. C . For purposes of this Section, the term "emission standard" shall have the meaning specified in A.R.S. $5 4 9 - 4 6 4 0 and 49-5 1qT). 8s EGstorical NoPs Adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Rl8-2-332. Stack Height Limitation A. The limitations set forth herein shall not apply to stacks or dispersion techniques used by the owner or operator prior to December 3 1, 1970, for which the owner or operator had1. Begun, or caused to begin, a continuous program of physical on-site construction of the stack; 2. Entered into building agreements or contractual obligations, which could not be cancelled or modified without March 31,2002 Title IS, Cb. 2 substantia1 loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time; or 3. Coal-fired steam electric generating units, subject to the provisions of Section 118 of the Act which commenced operation before July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974. B. GEP stack height is calculated as the greater of the following 4 numbers in subsections (I) through (4): 1. 213.25 feet (65 meters); 2. For stacks in existence on January 12, 1979, m d for which the owner or operator had obtained all applicable preconstruction permits or approvals required under 40 CFR Parts 51 and 52 and R18-2-403, Hg = 2.5H; 3. For all other stacks, Hg = H + 1.5L, where Hg = good engineering practice stack height, rneasured from the ground-level elevation at the base of the stack; H = height of nearby structure measured from the ground-level elevation at the base of the stack; L = lesser dimension (height or projected width) of nearby structure; provided that the EPA, the Director, or local control agency may require the use of a field study or fluid model to verify GEP stack height for the source; or 4. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain obstacles; 5. For a specific structure or terrain feature, "nearby" shall be: a. For purposes of applying the formulae in subsections (B)(2) and (3), that distance up to 5 times the lesser of the height or the width dimension of a structure but not greater than 0.8 lan (1/2 mile). b. For conducting demonstrations under subsection @)(4), means not greater than 0.8 'm (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (H+) of the feature, not to exceed 2 miles if such feature achieved a height (E+) 0.8 TI from the stack The height shall b,e at least 40% of the GEP stack height determined by the formula provided in subsection (B)(3), or 85 feet (26 meters), whichever is greater, a s measured from the ground-level .elevation at the base of the stack. 6. "Excessive concentrations" means, for the purpose of determining good engineering practice stack height under subsection (B)(4): a For sources seeking credit for stack height exceeding that establishe under subsections-@)(2) and (3), a maximum ground-level concentration due to emissions &om a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the requirements for permits or permit revisions under Article 4 Page 47 Supp. 02-1 Title 18, CCh. 2 Arizona Administrative Code Department of Environmental Quality - Air Pollution Conrrol of this Chapter, an excessive concentration altematively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain feahres which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than the applicable maximum allowable increase contained in R18-2-218. The allowable emission rate to be used in making demonstrations under subsection (B)(4) shall be prescribed by the new source performance standard which is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator; b. For sources seeking credit after October 1 1, 1983, for increases in existing stack heights up to the heights established under subsections (B)(2) and (3), either: i. A maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects as provided in subsection (B)(6)(a), except that emission rate specified by any applicable SIP shall be used; or ii. The actual presence of a local nuisance caused by the existing stack, as determined by the Director; and c. For sources seeking credit after January 12, 1979, for a stack height determined under subsections (B)(2) and (3), where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subsections (B)(2) and (3), a maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects. C. The degree of emission limitation required of any source afier the respective date given in subsection (A) above for control of any pollutant shall not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique. D. The good engineering practice (GEP) stack height for any source seeking credit because of plume impaction which results in concentrations in violation of national ambient air quality standards or applicable maximum allowable increases under 1318-2-218 can be adjusted by derermining the stack height necessary to predict the same maximum air pollutant concentration on any elevated terrain feature as the maximum concenmtion associated with the emission limit which results from modelling the source using the GEP stack height as determined herein and assuming the elevated terrain features to be equal in elevation to the GEP stack height. If this adjusted GEP stack height is greater than stack height the source proposes to use, the source's emission limitation and air quality impact shall be determined using the proposed stack height and the actual terrain heights. Supp. 02- 1 '""x Before the Director issues a permit or permit revision under this Article to a source based on a good engineering practice stack height that exceeds the height alIowed by subsection (B), the Director shall notify the public of the avalability of the demonstration study and provide opportunity for a public hearing in accordance with the requirements of R18-1-402. Historical Note Adopted effective November 15, 1993 (Supp. 93-4). R1 S-2-333. Acid Rain 40 CFR 72,74,75, and 76 and all accompanying appendices, as of July I, 1999, (and no future editions or amendments) are incorporated by reference. These standards are on file with the Office of the Secretw of State and the Department and shall be applied by the Department. B. When used in 40 CFR 72,74, 75, or 76, "Permitting Authority" means the Arizona Department of Environmental Quality and "Administrator" means the Administrator of the United States Environmental Protection Agency. C. If the provisions or requirements of the regulations incorporated in this Section conflict with any of the remaining portions of this Title, the regulations incorporated in this Section shall apply and take precedence. A. HZistorical Note Adopted effective October 7,1994 (Supp. 94-4). Amended effective December 7,1995 (Supp. 95-4). Amended effective December 4,1997 (Supp. 97-4). Amended by final rulemaking at 5 AA.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 AA-R. 4170, effective October 11,2000 (Supp. OM). ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AEIP MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES . HU8-2-401. Definitions In addition to the definitions contained in Article 1 of this Chapter and A.R.S. $49-401.01, the following definitions app1.y to this Arti-, cle: 1. "Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual expenence of a Class I area, as determined according to R18-2410. 2. "Categorical sources" means the following classes of sources: a Coal cleaning plants with themal Wers; b. Kraft pulp mills; c. Portland cement plants; Primary zinc smelters; Iron and steel mills; Primary aluminum ore reduction plants; Primary copper smelters; Municipal kcinerarors capable of charging more than 50 tons of refuse per day; Hydrofluoric, sulfinic, or nitric acid plants; Petroleum refineries; Lime pIants; Phosphate rock processing plants; Coke oven batteries; S u l k recovery plants; Carbon black plants using the furnace process; Primary lead smelters; Fuel conversion plants; Sintering piants, s. secondary metal production plants; Page 48 March 3 1,2002 % Arizona Adrninistr~tiveCode Title 38, Ch. 2 Department of Environmental Quality - Air Pollution Control Chemical process plants; Fossil-he1 boilers, combinations thereof, totaling more than 250 million Btu's per hour heat input; v. Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels; w. Taconite preprocessing plants; x. Glass fiber processing plants; y. Charcoal production plants; ~ossil-fuel-firedsteam electric plants and combined 2. cycle gas turbines of more than 250 million Btu's per hour heat input. 3. "Complete" means, in reference to an application for a permit or permit revision, that the application contains all the information necessary for processing the application. 4. "Dispersion technique" means any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following: a Using that portion of a stack that exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases &om several existing stacks into I stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This shall not include any of the following: i. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream. ii. The merging of exhaust gas streams under any of the following conditions: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with the merged gas streams; (2) The merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that polluta~~t; or ... Smoke management in agricultural or silviculIU. turd prescribed burnlng programs. iv. Episodic restrictions on residential woodbuming and open burning. v. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of s u l k dioxide from the facility do not exceed 5,000 tons per year. 5. "High terrain" means any area having an elevation of 900 feet or more above the base of the stack of a source6. "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice, or of achieving at Ieast comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts. 7. "Low terrain" means any area other than high terrain. 8. t. u. March 3 I, 2002 Page 49 9. "Lowest achievable emission rate" GAER) means, for any source, the more stringent rate of emissions based on I of the following: a The most stringent emissions limitation that is contained in the SIP of any state for the class or categ o q of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitations are not achievable; or, b. The most stringent emissions limitation that is achieved in practice by the class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standards of performance in ArticIes 9 and 11 of th~s Chapter. "Major source" means: a. Any stationary source located in a nonattanment area that emits, or has the potential to emlt, 100 tons per year or more of any conventional air pollutant, except as follows: Pollutant Emitted Carbon Monoxide (co) Volatile Organic Compounds (VOC) VOC PMlO NOx NOx Nonattainment Pollutant and Classification Quantity Threshold tondyear or more CO, Serjous, with stationary sources as more than 25% of source inventory 50 Ozone, Serious Ozone, Severe PM10, Serious Ozone, Serious Ozone, Severe 50 25 70 50 25 or b. c. d. e. f. g. Any stationary source located in an attainment or unclassifiable area that emits, or has the potential to emit, 100 tons per year or more of any conventional air pollutant if the source is classified as a Categoncal Source, or 250 tons per year or more of any pollutant subject to regulation under the Act if the source is not classified as a Categorical Source; Any change to a minor source, except for VOC or NOx emission increases at minor sources in serious or severe ozone nonattainment areas, that would increase its emissions to the qualifying levels in subsections (a) or @); Any change in VOC or NOx at a minor source m serious or severe ozone nonattainment areas that would be "significant" under subsection R18-2405@) and that would increase its emissions to the qualifying levels in subsection (a); Any stationary source that emits, or has the potential to emit, 5 or more tons of lead per year, Any source classified as major undergoing mcdification that meets the definition of reconstruction; A major source that is major for VOC shall be considered major for ozone; or Title 18, Ch. 2 Arizona Administrative Code Department of Environmental Quality - Air Pollution Control h. A major source that is major for oxides of nitrogen shall be considered major for ozone in nonattainment areas claisified as marginal, moderate, serious, or severe. 10. "Reconstruction" of sources located in nonattainrnent areas shall be presumed to have taken place if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source, as determined in accordance with the provisions of 40 CFR 60.15(f)(l) through (3). 1 1. "Resource recovery project" means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. Only energy conversion facilities that utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project under this Article. 12. "Significance levels" means the following ambient concentrations for the enumerated pollutants: Pollutant Annual Averaging Time 24-Hour %Hour 3-Hour 1 &rn3 5pg/m3 25 pdm3 lPg/m3 5ugim3 l-Hour . 0.5 rngIm3 PMlO Except for the annual pollutant concentrations, exceedance of significance levels shall be deemed to occur when the ambient concentration of the above pollutant is exceeded more than once per year at any one location. If the concentration occurs at a specific location and at a time when Arizona ambient air quality standards for the pollutant are not violated, the significance level does not Historical PJote Adopted effective May 14,1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Fonner Section R9-3-401 renumbered without change as Section R18-2401 (Supp. 87-3). Section R18-2401 renumbered to R182-601. New Section R18-2-401 adopted effective November 15,1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R 4074, effective September 22,1999 (Supp. 99-3). Typographical error corrected in R18-2401(9)(a) (Supp. 00-4). W18-2-402. General No person shall commence construction of a new major source or the major modification of a source without first obtaining a permit or a permit revision from the Director. B. An application for a permit or permit revision under this Article shalI not be considered complete unless the application demonstrates that: 1. The requirements in subsection (C) are met; 2. The nore stringent of the appliczble new source performance standards in Article 9 of this Chapter or the existing source performance standards in Article 7 of this Chapter are applied to the proposed new major source or major modification of a major source; 3. The visibility requirements contained in R18-2-410 are satisfied; 4. A11 applicable provisions of Article 3 of this Chapter are mec 5 . The new major source or major modification will be in compliance with whatever emission limitation, desi,p, equipment, work practice or operational standard, or A. Supp.02-1 combination thereof 1s applicable to the source or mcdifj- .?:2-, catlon. The degree of emission limitanon required for, control of any poIlutant under thrs Artlcle shall not be affected in any manner by: a Stack helght in excess of GEP stack height except as provlded in R18-2-332; or b. Any other dispersion technique, unless implemented pnor to December 3 1, 1970; 6. The new major source or major modification will not exceed the applicable standards for hazardous alr pollutants contalned in this Chapter; 7. The new major source or major modification will not exceed the limitations, if applicable, on emission from nonpoint sources contained in Article 6 of this Chapter, 8. A stationary source that will emit 5 or more tons of lead per year will not violate the ambient air quality standards for lead contained in R18-2-206; 9. The new major source or major modification will not have an adverse impact on visibility, a s determined according to R18-2-410. C. Except for assessing air quality impacts within Class I areas, the air impact analysis required to be conducted a s part of a permit application shall initialIy consider only the geographical area located within a 50 kilometer radius from the point of greatest emissions for the new major source or major modification. The Director, on his own initiative or upon receipt of written notice from any person shall have the right at any time to request an enlargement of the geographical area for which an air quality impact analysis is to be performed by giving the person applying for the permit or pennit revision written notice thereof, specifying the enlarged radius to be so considered. In performing an air impact analysis for any geographical area with a radius of more than 50 kilometers, the person applying for the permit or permit revision may use monitoring or modeling data obtained from major sources having comparable emissions or having emissions which are capable of being accurately used in such demonstration, and which are subjected to terrain and atmospheric stability conditions which are comparable or which may be extrapolated with reasonable accuracy for use in such demonstration. D, Unless the requirement has been satisfied pursuant to Article 3 of this Chapter, the Director shall comply with following requirements: 1. Within 60 days after receipt of an application for a permit or permit revision subject to this Article, or any addition to such application, the Director shaH advise the applicant of any deficiency. The date of receipt of the application shall be, for the purpose of this Section, the date on which the Director received all required information. The permit application shall not be deemed complete if the Director fails to meet the requirements of this subsection. 2 A copy of any notice required by R18-2-330 shall be sent to the permit applicanf to the Administrator, and to the following officials and agencies having cognizance over rhe Iocaiion where the proposed major source or major modification would occur: a The air pollution control officer, if one exists, for the county wherein the proposed or existing source &at is the subject of the permit or permit revision application is located; b. The county manager for the county wherein the proposed or existing source that is the subject of the permit or pennit revision application is located; c. The city or town managers of the city or town which contains, and any city or town the boundaries of which are wirhin 5 miles oi, the location of the pro- Page 50 March 3 1,2002 Arfzona Ahinistratt-ye Code Department of Environmental Qualiq - Air Poilution Control 3. 4. 1. posed or existing source that is the subject of the permit or permit revision application; d. Any regional land use planning agency with authority for land use planning in the area where the proposed or existing source that is the subject of the permit or permit revision application is located; and e. Any state, Federal Land Manager, or Indian goveming body whose lands may be affected by emissions from the proposed source or modification. The Director shall take final action on the application within 1 year of the proper filing of the completed application. The Director shall notify the applicant in writing of his approval or denial. The Director shall terminate a perrnit or permit revision issued under this Article if the proposed construction or major modification is not begun within 18 months of issuance or, if during the construction or major modification, work is suspended for more than 18 months. D. Historical Note Amended effective August 6,1976 (Supp. 76-4). Former Section R9-3-402 repealed, new Section R9-3-402 adopted effective May 14, 1979 (Supp. 79-1). Amended and adopted by reference Open Burning Guidelines for Air Pollution Control effective September 22, 1983 (Supp. 83-5). Former Section R9-3-402 renumbered without change as Section R18-2-402 (Supp. 87-3). Section R18-2-402 renumbered to R18-2-602, new Section R18-2-402 adopted effective November 15, 1993 (Supp. 93-4). E. Permits for Sources Located in Faonattainment R38-2403. Areas A. Except as provided in subsections (C) through (G) below, no permit or permit revision shall be issued under this Article to a person proposing to construct a new major source or make a major modification to a source located in any n o n a t t b e n t area for the pollutant(s) for which the source is classified as a major source or the modification is classified as a major modification unless: I. The person demonstrates that the new major source or the major modification will meet an emission limitation which is the lowest achievable emission rate (LAER) for that source for that specific pollutant(s). In determining lowest achievable emission rate for a reconstructed stationary source, the provisions of 40 CFR 60.15(0(4) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source. 2. The person demonstrates that all existing major sources owned or operated by that person (or any entity controlling, controlled by, or under common control with that person) in the state are in compliance with, or on a schedule of compliance for, all conditions contained in permits of each of the sources and all other applicable emission limitations and standards under the Act and this Chapter. 3. The person demonstrates that emission reductions for the specific pollutant(s) h m source(s) in existence in the allowable offset area of the new major source or major modification (whether or not under the same ownership) meet the offset and net air quality benefit requirements of R 18-2404. B. No permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a major modification to a major source located in a nonattainment area unless: March 3 1,2002 Title 18, Ch. 2 F. G. a. The person performs an analysis of alternative sites, sizes, production processes, and environmental control techniques for such new major source or major modification; and 2. The Director determines that the analysis demonstrates that the benefits of the new major source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. At such time that a particular source or modification becomes a major stationaxy source or major modiiication solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as restiction on hours of operation, then the requirements of this Section shall apply to the source or modification as though construction had not yet commenced on the source or modification. Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this Section on the basis of its direct emissions, a permit or permit revision under this Article to construct the new source or modification shall be denied unless the conditions specified in subsections (A)(l) and (2) are met for reasonably quantifiable secondary emissions caused by the new source or modification. A permit to construct a new source or modification shall be denied unless the conditions specified in subsections (A)(l), (2), and (3) are met for fieitive emissions caused by the new source o; modification. ~ i w e v e r ,these conditions-shall not apply to a new major source or major modification that would be a major source or major modification only if hgitive emissions, to the extent quantifiable, are considered in calculating the potential emissions of the source or modification, and the source is not either a categorical source or belongs to the category of sources for which New Source Performance Standards under 40 CFR 60 or National Emission Standards for Bazardous Air Pollutants under 40 CFR 61 were promulgated by the Administrator prior to August 7, 1980. The requirements of subsection (A)(3) shall not apply to temporary emission sources, such as pilot plants and portable sources, which are only temporariIy located in the nonattainment area, are otherwise regulated by a permit, and are in compliance with the conditions of that permitA decrease in actual emissions shall be considered in determining the potential of a new source or modiiication to emit only to the extent that the Director has not relied on it in issuing any permit or permit revision under this Article or the state has not relied on it in demonstrating attainment or reasonable further progress. Within 30 days of the issuance of any permit under this Section, the Director shall submit control technology information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act. Historical Note Former Section R9-3-403 repealed, new Section R9-3403 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-403 renumbered without change as Section RI 8-2-403 (Supp. 87-3). Section R18-2-403 renumbered to R18-2-603, new Section R18-2-403 adopted effective November 15, 1993 (Supp. 93-4). Offset m d Net Air QuaIity Benefit Standards R18-2-404. A. Increased emissions by a major source or major modification subject to this Article shall be offset by reductions in the ernis- Page 5 1 Supp. 02-1 Title 18, Ch. 2 8. C. D. E. F. Arizona Adminktrative Code Department of Environmental Quality - Air Pollution Control slons of each pollutant for which the area has been designated as nonattalnment and for which the source or modification is classified as major. The offset may be obtained by reductions in emissions fiom the source or modification or from any other source in the allowable offset area Credit for an emissions offset can be used only if it has not been relied upon in demonstrating atlainment or reasonable further progress and if it has not been relied upon previously in issuing a permit or permit revision under this Article under R18-2-402 3nd RI 8-2-403 or is not athenvise required under this Chapter or under any provision of the SIP. An offset shall not be sufficient unless reductions of total emissions for the particular pollutant for which the offset is required will be: I. Obtained from sources within the allowable offset area; 2. Contemporaneous with the operation of the new major source or major modification; 3. Less than the baseline of the total emissions for that polIutanf except in ozone nonattainment areas classified as moderate, serious, or severe; and 4. Sufficient to demonstrate that emissions from the new major source or major modification, together with the offset, will result in reasonable further progress for that pollutant. In ozone nonattainment areas classiiied as marginal, total emissions of VOC and oxides of nitrogen from other sources shall offset those proposed or permitted &om the major source or major modification by a ratio of at least 1.10 to 1. In ozone nonattainment areas classified as moderate, total emissions of VOC and oxides of nitrogen ffom other sources shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.15 to I. New major sources and major modifications in serious and severe ozone nonattainment areas shall comply with this Section and R18-2-405. Only intrapollutant emission offsets shall be allowed. Intrapollutant emission offsets for VOC shall only include offset reductions in emissions of VOC. Intrapollutant emission offsets for oxides of nitrogen shall only include offset reductions in emissions of oxides of nitrogen. For purposes of this Section, "reasonable furher progress" means compliance with the schedule of annual incremental reductions in emissions of the applicable air pollutant prescribed by the Director based on air quality modeling under R18-2-409, to provide for attainment of the applicable air quality standards by the deadlines set under Part D of Title I of the Act, or in an applicable implementation plan. For purposes of this Article, "net air quality benefit" means that, during similar time periods, either subsection (F)(l) or (2) below is applicable: 1. A reduction in the number of violations of the applicable Arizona ambient air quality standard within the allowable offset area has occurred and the following mathematical expression is satisfied: N - x--c 2 7 -)- c K i=1 -N j=1 K when: C = The applicable Arizona ambient air quality standard. Xi = The concentration level of the violation at the i[thJ receptor for the pollutant after offiets. N = The number of violations for the pollutant after offsets (N 5 K). Xj = The concentration level of the violation at the j[th] receptor for the pollutant before offsets. K = The number of violations for the pollutant before offsets. Supp. 02- I 2. - The average of the ambient concentrations within &pz5 allowable offset area after the implementation of the co&: ternplated offsets will be less than the average of the ambient concentrations within the allowable offset area without the offsets. 6. Baseline further defined: I. For the purpose of this Section, the baseline of total emissions fiom any sources in existence or sources that have obtained a permit or permit revision under this Article (regardless of whether or not the sources are in actual operation at the time of application for the pennit-orpermit revision) shall be the total actual emissions at the time the application is filed. In addition, the baseline of total emissions shall consist of all emission limitations included as conditions on federally enforceable permits except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained if: a No emission limitations are applicable to a source from which offsets are being sought; or b. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area. 2 If the emission limitations for a particular pollutant allow greater emissions than the potential emission rate of the source for that pollutant, the baseline shall be the potential emission rate at the time application for the permit or permit revision under this Article is filed, and emissions offset credit shall be allowed only for control below the potential emission rate. H. For an existing fuei combustion source, offset credit shall be based on the allowable emissions under the regulations or permit conditions applicable to the source for the type of fuel' being burned at the time the application for the permit or permit revision under this Article is filed If an existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the actual emissions for the fiels involved shall not be acceptable unless: 1. The permit or permit revision under this Article for the source specifically requires the use of a specified alternative control measure that would achieve the same degree of emissions reduction if the source switches back to a dirtier fLeI at some later date; and 2. The source demonstrates to the Director that it has secured an adequate long-term supply of the cleaner fie]. 1. Offsets shall b e made on either a pounds-per~hour, poundsperday, or tons-per-year basis, whichever is applicable, when all facilities involved in the emission offset calculations are operating at their maximum expected or allowed production rate and, except as otherwise provided in subsection (H), utilizing the type of fuel burned at the time the application for the permit or permit revision under this Article is filed. A tonsper-year basis shall not be used if the new or modified source or the source offsets is not expected to operate throughout the entire pa.No emissions credit may be allowed for replacing I VOC with another VOC o f lesser reactivity. J Emissions reductions achieved by shutting down an existing source or permanently cllrtailing production or operatin,0 hours below baseline levels may b e credited, if the work force to be affected has been notified of the proposed shutdown or curtailment No offset credit for shutdowns or curtailments shall be provided for emissions reductions that are necessary to bring a source into compliance with RACT or any other standard under an applicable implementation plan. K The allowable offset area shall be the geographical area in which the sources are located whose emissions are being Page 5 2 March 3 1,2002 Arizona Administrative Code Title 18, Ch. 2 Department of Environmental Quality - Air Pollution ConDol L. sought to offset emissions from a new major source or major modification. For the pollutants sulfur dioxide, PM-10, and carbon monoxide, the allowable offset area shall be determined by atmospheric dispersion modeling. If the emission offsets are obtained from a source on the same premises or in the immediate vicinity of the new major source or major modification, and the pollutants disperse from substant~allythe same effective stack height, atmospheric dispersion modeling shall not be required. The allowable offset area for all other pollutants shall be the nonattainment areas for those pollutants within which the new major source or major modification is to be located. An emission reduction may only be used to offset emissions if the reduced level of emissions will continue for the life of the new source or modification and if the reduced level of emissions is federally and legally enforceable at the time of permit issuance. It shall be considered legally enforceable if the following conditions are met: 1. The emission reduction is included as a condition in the permlt of the source relied upon to offset the emissions from the new major source or major modification, or in the case of reductions from sources controlled by the applicant, is included as a condition of the permit or permit revision under this Article for the new.major source or major modification; 2. The emission reduction is adopted as a part of this Chapter or compar2bIe rules of any other governmental entity or is contractualIy enforceable by the Department and is in effect at the time the permit is issued. Historical Note Former Section R9-3-404 repealed, new Section R9-3404 adopted effective May 14,1979 (Supp. 79-1). Amended by adding subsection (C) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-404 renumbered without change as Section R18-2-404 (Supp. 87-3). Amended subsection (C) effective December 1, 1988 (Supp. 88-4). Section R18-2-404 renumbered to R18-2604, new Section R18-2-404 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22,1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 1815, effective March 18,2002 (Supp. 02-1). RlS-2-405. Special Rule for lMajor Sources of VOC o r Oxides of Nitrogen in Ozone Nonattainment Areas Classified a s Serious o r severe A. Applicability. The provisions of this Section only apply to stationary sources of VOC or oxides of nitrogen in ozone nonattainrnent areas classified as serious or severe. UnIess otherwise provided in this Section, a11 requirements of Articles 3 and 4 of this Chapter apply. B. "Significant" means, for the purposes of a major modification of any major source of VOC or oxides of nitrogen, or for determining \vhether an otherwise minor source is major under subsection R18-2-401(9)(d), any physical change or change in the method of operations that results in net increases in ernissions of either pollutant by more than 25 tons when aggregated with all other creditable increases and decreases in emissions from the source over the previous 5 consecutive calendar years, including the calendar year in which the increase is proposed. For the purposes of this subsection, a physical change or change in the method of operation that results in an increase of less than 1 ton per year of VOC or oxides of nitrogen before netting does not trigger a 5-year aggregation exercise. March 3 1,2002 C. For any major source that emits or has the potential to emit less than 100 tons VOC or oxides of nitrogen per year, a significant increase m VOC or oxides of nitrogen, respectively, shall constitute a major modification except that the increase in emissions fiom any discrete emissions unit, operation, or other pollutant emitting activlty that is offset from other units, operations, or activities at the source at a ratio of 1.3 to I for the increase in VOC or oxides of nitrogen, respectively, from the unit, operation, or activity shall not be considered part of the major modification. BACT shall be substituted for LAER for all major modifications under this subsection. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein shall be subject to the ofiset requirements in subsections (E) and (F). D. For any stationary source that emits or has the potential to emit 100 tons or more of VOC or oxides of nitrogen per year, any significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification. If the increase in emissions fiom the modification at any discrete emissions unit, operation, or other pollutant emitting activity is offset from other units, operations, or activities at the source at a ratio of 1.3to 1 for the increase in VOC or oxides of nitrogen, respectively, from the unit, operation, or activity, BACT shall be substituted for LAER at the unit, operation, or activity. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein shall be subject to the offset requirements in subsections (E) and (F). E. For any new major source or major modification that is classified as major because of emissions or potential to emit VOC or oxides of n~trogenin an ozone nonattainment area classified as serious, the increase in emissions of these pollutants from the source or modification shall be offset at a ratio of 1.2 to 1. The offset shall be made in accordance with the provisions of Rl82-404. F. For any new major source or major modification that is clksified a s such because of emissions or potential to emit VOC or oxides of nitrogen in an ozone nonattainment area classified as severe, the increase in emissions of these pollutants fiom the source or modification shall be offset at a ratio of 1.3 to 1 . If the SIP requires all existing major sources of these pollutants in the nonattainment area to apply BACT, then the offset ratio shall be 1.2 to- I. These offsets shall be made in accordance with the provisions of R18-2-404. Historical Note Former R9-3-405, Other industries, renumbered R9-3406, new Section adopted effective September 17, 1975 (Supp. 75-1). Former Section R9-3-405 repealed, new Section R9-3-405 adopted effective May 14,1979 (Supp. 79-1). Amended efiective October 2,1979 (Supp. 79-5). Former Section R9-3-405 renumbered without change a s Section R18-2-405 (Supp. 87-3). Section RI 8-2-405 renumbered to Ri8-2605, new Section R18-2-405 adopted effective November 15,1993 (Supp- 93-4). Amended by find rulemaking at 5 A.A.R 4074, effective September 22, 1999 (Supp. 99-3). t s Sources Located in R28-2-406. Permit ~ e ~ u i r e m e n for Attainment and Unclassifiable Areas A. Except as provided in subsections (B) through (G) below arid R18-2-408 (Innovative control technology), no permit or permit revision under this Article shall be issued to a person p m posing to construct a new major source or make a major modification to a major source that would be constmcted in an area designated as attainment or unclassifiable for any pollutant unless the source or modification meets the following conilitions: Page 53 Title 18, Ch. 2 Arizona Adminisrr~tiveCode Depariment of Enmonmental Quality - Air Pollution Control A new major source shall apply best available control technology (BACT) for each pollutant listed in R18-2101(104)(a) for which the potential to emit is sipiiicant. A major modification shall apply BACT for each pollutant listed in R18-2-101(104)(a) for which the modification would result in a significwt net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit. For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the Iatest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time the owner or operator of the applicable stationary source may be required to demonsmte the adequacy of any previous determination of best avadable control technology for the source. BACT shall be determined on a case-by-case b a i s and may constitute application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques, for control of such pollutant. In no event shall such application of BACT result in emissions of any pollutant, which would exceed the emissions allowed by any applicable new source performance standard or national emission standard for hazardous air pollutants under Articles 9 and 11 of this Chapter. If the Director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results. The person applying for the permit or permit revision under this Article performs an air impact analysis and monitoring as specified in R18-2-407, and such analysis demonstrates that allowable emission increases fiom the proposed new major source or major modification, in conjunction with all other applicable emission increases or reductions, including secondary emissions, for all pollutants listed in R18-2-218(A), and inchding minor and mobile source emissions of oxides of nitrogen and PM10: a Would not cause or contribute to an increase in concentrations of any pollutant by an amount in excess of any applicable maximum allowable increase over the baseline concentration in R18-2-218 for any a ~ n m e nor t unclassified area; or b. Would not contn'bute to an increase in ambient concenuations for a pollutant by an amount in excess of the significance level for such pollutant in any adjacent area in which Arizona primary or secondary ambient air quality standards for that pollutant are being violated. A new major source of volatile organic compounds or oxides of nitrogen, or a major modification to a major source of volatile organic compounds or oxides of nitrogen shall be presumed to contiibute to violations of the Arizona ambient air qualiv standards for ozone if it will be located Supp. 02-1 wrhln 50 kilometers of a nonattainment area ozone. The presumption may be rebutted for a major source or major modification if it cm be s factonly demonstrated to the Director that emissions of volatlle organic compounds or oxides of nitrogen fiom the new major source or major modificat~o~ will not contribute to violations of the Arizona ent air quality standards for ozone in adjacent nonattalnment areas for ozone. Such a demonstration shall include a showing that topographical, meteorolo5cal, or other physicaI factors m the vicinity of the new major source or major modification are such that transport of volatile organlc compounds emitted from the source are not expected to contribute to viola~onsof the ozone standards in the adjacent nonattainment areas. 6. Air quality models: a A11 estimates of ambient concentrations required under this Section shall be based on the applicable air quality models, data basis, and other requirements specified in the "Guideline on Air Quality Models (Revised)" @PA-45012-78-027R, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research TriangIe Park, N.C. 2771 1, July 1986), and "Supplement B to the Guideline on Air Quality Models" (US. Environmental Protection Agency, September 1990). Both documents shall be referred to hereinafter a s "Guideline" and are adopted by reference and on file with the Secretary of State and with the Department. b. Where an air quality impact model specified in the "Guideline" is not applicable, the model may be modified or another model substituted. Such a change shall be subject to notice and opportumty for public comment. Written approval of the EPA Administrator shall be obtained for any modification or substitution. B. The requirements of this Section shall not apply to a new major source or major modification to a source with respect to a particular pollutant if the person applying for the permit or permit revision under this Article demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment for the pollutant. C. The requirements of this Section shall not apply to a new major source or major modification of a source if such source or modification would be a major source or major modification only if hgitive emissions, to the extent quantifiable, are considered in calculating the potential emissions of the source or modification, and the source is not either among the Categorical Sources listed in R18-2-101 o r belongs to the category of sources for which New Source Performance Standards under 40 CFR 60 or National Emission Standards for Hazardous Air Pollutants under 40 CFR 61 promulgated by the Administrator prior to August 7, 1980. D. The requirements of rhis Section shall not apply to a new major source or major rnodiiication to a s o m e when the owner of such source is a nonprofit health or educational ingitution. E. The requirements of this Section shall not apply to a portable source which would otherwise be a n e w major source or major modification to an existing source if such portable source is temporary, is under a permit or permit revision under this Article, is in compliance with the conditions of that permit or permit revision under this Article, the emissions &om the source will not impact a Class I area nor an area where an applicable incremenr is known to be violated and reasonable notice is Page 54 March 31,2002 Arizona Administrative Code Title 18, Ch. 2 Department of Environmental Quality - Air Pollution Control given to the Director prior to the relocation identifying the proposed new location and the probable duration of operation at the new locat~on.Such notice shaIl be given to the Director not less than 10 calendar days in advance of the proposed relocation unless a different time duration is previously approved by the Director. F. Special ruIes appIicable to Federal Land Managers: 1. Notwithstanding any other provision of this Section, a Federal Land Manager may present to the Director a demonstration that the emissions attnbuted to such new major source or major modification to a source will have significant adverse impact on visibility or other specifically defined air quality related values of any Federal Mandatory area designated in R18-2-217(B) regardless of the fact that the change in air quality resulting from emissions attributable to such new major source or major modification to a source in existence will not cause or conmbute to concentrations which exceed the maximum allowable increases for a Class I area If the Director concurs with such demonstrations, the permit or permit revision under this Article shall be denied. 2. If the owner or operator of a proposed new major source or a source for which major modification is proposed demonstrates to the Federal Land Manager that the emissions atfxibutable to such major source or major modification will have no significant adverse impact on the visibility or other specifically defined air quality-related values of such areas and the Federal Land Manager so certifies to the Director, the Director may issue a permit or permit revision under this Article, notwithstanding the fact that the change in air quality resulting from emissions attributable to such new major source or major modification will cause or contribute to concentrations which exceed the maximum allowable increases for a Class I area Such a permit or permit revision under thls Article shall require that such new major source or major modification comply with such emission limitations as may be necessary to assure that emissions will not cause increases in ambient concentrations greater than the following maximum allowable increases over baseline concentrations for such pollutants: Maximum Allowable Increase (Micrograms per cubic meter) Sulfur Oxide Period of exposure Low terrain areas: 24-hour maximum 36 3-hour maximum 130 High terrain areas: 62 24-hour maximum 3-hour maximum 22 1 6- The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under locd, state, or federal law. H. At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this Section shall apply to the source or modification as though construction had not yet commenced on the source or modification. Bstorical Note Former Section R9-3-405, renumbered effective SeptemMarch 3 1,2062 ber 17, 1975 (Supp. 75-1). Former Section R9-3406 repealed, new Section R9-3-406 adopted effective May 14, 1979 (Supp. 79- 1). Former Section R9-3-406 renumbered without change as Section RI 8-2-406 (Supp. 87-3). Section R18-2-406 renumbered to R18-2-606, new Section R18-2406 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). The references to subsection R18-2101(97)(a) in subsection (A)(]) and (2) amended to reference subsection R18-2-101(104)(a) (Supp. 99-3). Rl8-2407. Air Quality Impact Analysis and Monitoring Requirements A. Any application for a permit or permit revision under this Article to constmct a new major source or major modification to a major source shall contain an analysis of ambient air quality in the area that the new major source or major modification would affect for each of the following pollutants: 1. For the new source, each pollutant that it would have the potential to emit in a significant amount; 2. F o r the modification, each pollutant for which it would result in a significant net emissions increase. B. With respect to any such pollutanr for which no.Arizona ambient air quality standard exists, the analysis shall contain all air quality monitoring data as the Director determines is necessary to. assess ambient air quality for that pollutant in any area that the emissions of the pollutant would affect. C. With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or c o n ~ b u t eto a violation of the standard or any maximum allowable increase. D. In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least 1 year and shall represent at least the year preceding receipt of the application, except thaf if the Director determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than 1 year (but not to be less than 4 months), the data that is required shall have been gathered over at least that shorter period. E. The owner or operator of a proposed stationary source or modification to a source of volatile organic compounds who satisfies all conditions of 40 CFR 5 1, Appendix S, Section IV,may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under subsections (B), (C), and (D) above. F. Post-construcfion monitoring. The owner or operator of a new major source or major modification shall, after construction of the source or modification, conduct such ambient monitoring as the Director determines is necessary to determine the effect emissions from the new source or modification may have, or are having, on air quality in any area 6. Operations of monitoring stations. The owner or operator of a new major source or major modification shall meet the requirements of40 CFR 53, Appendix B, during the opezition of monitoring stations for purposes of satisfying subsections (B) through (F) above. H. The requirements of subsections Q3) through (G) above s h d not apply to a new major source or major modification to an existing source with respect to monitoring for a particular pollutant i t 1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts: Carbon Monoxide - 575 pgim3, 8-hour average; Page 55 Supp. 02-1 Title 18, Ch. 2 Arizona Administrative Code Department of Environmental Quality - Air Pollution Control Nitrogen dioxide - 14 ,udm3, annual average: PM 10 - 10 pg/m3, 24-hour average; Sulfur dioxide - 13 jq'rn3, 24-hour average; Lead - 0.1 pg/m3, 24-hour average; Fluorides - 0.25 ,ugim3, 24-hour average; Total reduced sulfur - 10 pg/m3, I -hour average; Hydrogen sulfide - 0.04 ,ug/m3, 1-hour average; Reduced sulfur compounds - 10 &m3, I-hour average; Ozone - increased emissions of less than 100 tons per year of volatile organic compounds or oxides of nitrogen; or, 2. The concentrations of the pollutant in the area that the new. source or modification would affect are less than the concentrations Iisted in subsection (H)(l) above. I- Any application for permit or permit revision under this Article to construct a new major source or major modification to a source shall contain: 1. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new source or modification and general commercial, residential, industrial, and other growth associated with the new source or modification. The applicant need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. 2. An analysis of the air quai-ity impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the new source or modification. Historical Note Adopted effective May 14, 1979 (Supp. 79- 1). Former Section R9-3-407 renumbered without change a s Section R18-2-407 (Supp. 87-3). Section R18-2-407 renumbered to R18-2-607. new Section R18-2-407 adopted effective ~ o v e m b e 15.1993 r (SWD. 93-41. , a Cause or conmbute to any violation of an applicable' '**". state ambient air quality standard; or b. Impact any area where an applicable increment is known to be violated. 5. All other appl~cablerequirements including those for public participation have been met. 6. The Director receives the consent of the governors of other affected states. 7. The limits on pollutants contained in R18-2-218 for Class I areas will be met for all periods during the life of the source or modification. C. The Director shall withdraw any approval to employ a system of innovative control technology made under this Section ~ f : I. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or 2 The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 3. The Director decides at any time that the proposed system is unlikely to achieve the required level of control w to protect the public health, welfare, or safetyD. If the new source or major modificabon fails to meet the required level of continuous emissions reduction withrn the specified time period, or if the approval is withdrawn in accordance with subsection (C) above, the Director may allow the owner or operator of the source or modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a dernonstrated system of control. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-408 renumbered without change as Section R18-2408 (SUDD.87-31. Section ~18-2-408renurnberedto R182-60'8, new section R18-2-408 adopted effective November 15,1993 (Supp. 93-4). A. R18-2-408. Innovative Control Technology A. Notwithstanding - the .~rovisionsof R18-2-406(AYl) . , through (3), the owner or operator of a proposed new major source or major modification may request that the Director approve a ' system of innovative control technology rather than the best available control technology requirements otherwise applicable to the new source or modification. B. The Director shall approve the installation of a system of innovative control technology if the following conditions are met: 1. The owner or operator of the proposed source or modification satisfactorily demonstrates that the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or hnction; 2. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under R18-2-406(A)(2) by a date specified in the permit or permit revision under this &ticle for the source. Such date shdl not be later than 4 years from the time of start-up or 7 years from the issuance of a permit or permit revision under this Article; 3. The source or modification would meet requirements equivalent io those in R18-2-406(A) based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified in the permit or permit revision under this AAcle. 4. Before the date specified in the permit or permit revision under this Article, the source or modification would not: ,\ Supp. 02-1 - R18-2-409. Air Quality Models A. Where the Director requires a person requesting a permit or permit revision under this Article to perform air quality impact modeling to obtain such permit or permit revision under-this Article, the modeling shall be performed in a manner consistent with the Guideline specified in RI8-2-406(A)(6)(a). B. Where the person requesting a permit or permit revision under this Article can demonstrate that an air quality impact model specified in the Guideline is inappropriate, the model may be modified or another model substituted. However, before such modification or substitution can occur, the Director shall make a written finding that: 1. No model in the Guideline is appropriate for a particular permit or permit revision under this Article under consideration, or 2. The data base required for the appropiate model in the Guideline is not avaiIable, and 3. The model proposed a i a substitute or modification is likely to produce results equal or superior to those obtained by models in the Guideline, and 4. The model proposed as a substitute or modification ha.% been approved by the Administrator. C. The substitution or modification of an air quality mode1 under this Section shall be included in the public notice under R18-2330(C). Page 56 Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-409 renumbered u i ~ i o uchange t as Section March 31,2002 Arizona Administrative Code Title 18, Ch. 2 Department of Environmental Quality - Air Poilution Conn-ol R18-2-409 (Supp. 87-3). Section R18-2-409 renumbered to R18-2-609, new Section R18-2-409 adopted effective November 15, 1993 (Supp. 93-4). 4. R18-2-410. Visibility Protection A. For any new major source or major modification subject to the provisions of this Chapter, no permit or permit revision under this Article shall be issued to a person proposing to construct or modify the source unless the applicant has provided: 1. An analysis of the anticipated impacts of the proposed source on visibility in any Class I areas which may be affected by the emissions from that source; and 2 Results of monitoring of visibility in any area near the proposed source for such purposes and by such means as the Director determines is necessary and appropriate. B. A determination of an adverse impact on visibility shall be made based on consideration of all of the following factors: I. The times of visitor use of the area; 2. The frequency and timing of natural conditions in the area that reduce visibility; 3. All of the following visibility impairment characteristics: a Geographic extent, b. Intensity, c. Duration, d. Frequency, e. Time of day; 4. The correlation between the characteristics listed in subsection (B)(3) and the factors described in subsections Ce>(l>2nd (2). C. The Director shall not issue a permit or pennit revision pursuant to this Article or Article 3 of this Chapter for any new major source or major modification subject to this Chapter unless the following requirements have been met: I. The Director shall notify the individuals identified in subsection (C)(2) within 30 days of receipt of any advance notification of any such permit or permit revision .under this Article. 2. Within 30 days of receipt of an application for a permit or permit revision under this Article for a source whose emissions may affect a Class I area, the Director shall provide written notification of the application to the Federal Land Manager and the federal official charged with direct responsibility for management of any lands within any such area The notice shall: a Include a copy of all information relevant to +e permit or permit revision under this Article, b. Include an analysis of the anticipated impacts of the proposed source on visibility in any area which may be affected by emissions.from the source, and c. Provide for no less thdn a 30-day period within which written comments may be submitted. 3. The Director shall consider any analysis provided by the Federal Land Manager that is received within the comment period provided in subsection (C)(2). a Where the Director fmds that the analysis provided by the Federal Land Manager does not demonstrate to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall, within the public notice required under R18-2-330, either explain the decision or specify where the explanation can be obtained. b. When the Director finds that the analysis provided by the Federal Land Manager demonstrates to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall not issue a permit or pennit revision under this Article March 3 i, 2002 for the proposed major new source or major modiscation. When the proposed permit decision is made, pursuant to R18-2-3040, and available for public review, the Director shall provide the individuals identified in subsection (C)(2) with a copy of the proposed permit decision and shall make available to them any materials used in making that determination. Historical Note Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-410 renumbered without change as Section Rl8-2-410 (Supp. 87-3). Section R18-2-410 renumbered to R18-2-610, new Section R18-2-410 adopted effective November 15,1993 (Supp. 93-4). R18-2-411. Special Rule for Non-operating Sources of Sulfur Dioxide in Sulfur Dioxide Nonattainment Areas k If an emissions unit that is a major source of sulfur dioxide located In a sulfur dioxide nonattainment area has not operated for more than 24 consecutive calendar months, it may only be restarted if the owner or operator of such source does all of the followmg: 1. Demonstrates, according to the air quality impact analysis requirements of R18-2-406(A)(5) and (6) that emissions from that unit, including fugitive emissions, will not cause or contnbute to a violation of the ambient standard for sulfur dioxide in R18-2-202; 2. Demonstrates that startup of that unit will not require reconstruction; and 3. Submits a startup plan that includes a source testing plan. B. The demonstrabons and plan shall be submitted to the Director at least 180 days prior to the expected day when the restarting of the non-operating unit will commence. The Director may request additional information, as necessary, to evaluate the submittals. The unit shall not be restarted unless the Director approves the subm~ttal. C. If the Director disapproves a dernonstmtion or plan required in subsection (A), or such demonstration or plan, including additional information requested by the Director, is not submitted in a timely manner, the source shall be required to obtain a permit pursuant to the requirements for a new major source or major modification as contained in this Article. D. The conduct of performance tests that comply with the requirements of R18-2-3 12 and demonstrate compliance with emission limits prescribed in a permit for that source or an applicable rule shall constitute operation of an emissions unit for the purposes of this Section. Historical Note Adopted effective November 15,1993 (Supp. 93-4). ARTICLE 5. GENE= PERMITS R18-2-501. Applicability k The Director may issue general permits for a facility class that contains 10 or more facilities that are similar in nature, have sub,mntiaily similar emissions, and would be subject to &t: same or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping. "Similar in nature" refers to facility size, processes, and opeF: ating conditions. EL The Director may issue general permits, in accordance with subsection (A), with emission limitations, controls, or other requirements that meet the requirements of R18-2-306.01. A source that seeks to vary from such a general permit, and obtain an emission limitation, control, or other requirement not contained in that general pennit, shall apply for a permit pursuant to Article 3 of this Chapter. Page 57 Supp. 02-1 Title 18, CCh. 2 Arkona Administrative Code Department of Environmental Quality - Air Pollution C o n ~ o l C. General permits shall not be issued for affected sources except as provided in regulations promulgated by the Administrator D. under Title N of the Act. Unless otherwise stated, the provisions of Article 3 shall apply to general permits. Historical Note Former Secrion R18-2-501 renumbered to R18-2-502, new Section R18-2-501 adopted effective September 26, 1990 (Supp. 90-3). Former Section R18-2-501 renumbered to R18-2-701; new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1,1995 SUP^. 95-3). R18-2-502. Genera1 Permit Development A. The Director may issue a general permit on the Director's own initiative or in response to a petition. B. Any person may submit a petition to the Director requesting the issuance of a general permit for a deiined class of facilities. The petition shall propose a parhcular class of facilities, and list the approximate number of facilities in the proposed class along with their size, processes, and operating conditions, and demonstrate how the class meets the criteria for a general permit as speciiied in R18-2-501 and A.R.S. § 49-426m). The Director shall provide a written response to the petition within 120 days of receipt. @. General permits shall be issued or denied for classes of facilities using the same engineering principles that applies to permits for individual sources and following the public notice requirements of R18-2-504. D. General permits shall include all of the following: 1. ,411 elements contained in R18-2-306(A) except (2)(b) and (6). 2. The process for individual sources to apply for coverage under the general permit. Historical Note Former Section R9-3-501 repealed, new Section R9-3501 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2,1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (D) effective June 19,1981 (Supp. 81-3). Amended subsections (C) and @) effective February 2, 1982 (Supp. 82-1). Amended subsection (D) effective May 25, 1982 (Supp. 82-3). Former Section R9-3-501 renumbered without change as Section R18-2-501 (Supp. 87-3). Former Section R18-2-502 repealed, new Section R18-2-502 renumbered from R18-2-501 and amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-502 renumbered to R18-2-702; new Section R18-2-502 adopted effective November 15,1993 (Supp. 93-4). R18-2-503. Application for Coverage under General Permit A. Once the Director has issued a general permit, any source which is a member of the class of facilities covered by the general permit may apply to the Director for authority to operate under the general permit. At the time the Director issues a general permit, the Director may aIso establish a specific application form with filing instructions for sources in the category covered by the general permit. Applicants shall complete the specific application form or, if none has been adopted, the standard application form contained in Appendix I to this Chapter. The specific application form shall, at a minimum, require the applicant to submit the following information: 1. Information identimng and describing the source, its processes, and operating conditions in sufficient detail to Sum. 02-1 allow the Director to determine qualification for, and tc.sc: assure compliance with, the general permit 2. A compliance plan that meets the requirements of Rl8-2309. B. For sources required to obtain a permit under Title V of the Act, the Director shall provide the Administrator with a permit application summary form and any relevant portion of the permit application and compliance p h . To the extent possible, this informahon shall be provided in computer-readable format compatible with the Administrator's national database management system. C. The Director shall act on the application for coverage under the general perpit as expeditiousIy as possible, but q final decision shall be reached within 180 days. The source may operate under the terms of its application during that time. If the application for coverage is denied, the Director shall notify the source that it shall apply for an individual permit within 180 days of receipt of notice. The Director may defer acting on an application under this subsection if the Director has provided notice of intent to renew or not renew the permit. D. The Director shall deny an application for coverage from any Class I source that is subject to case-by-case standards or requirements. Historical Note Former Section R9-3-503 repealed, new Section R9-3503 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2,1979 (Supp. 79-5). Amended effective July 9,1980 (Supp. 80-4). Amended subsection (C), paragraph (6) effective June 19,1981 (Supp. 81-3). Amended subsection (C) effective Septem ber 22, 1983 (Supp. 83-5). Former Section R9-3-503 renumbered without change as Section R18-2-503 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 903). Former Section R18-2-503 renumbered to R18-2-703; new Section R18-2-503 adopted effective November 15, 1993 (Supp. 93-4). R18-2-504. Public Notice A. This Section applies to issuance, revision, or renewal of a general permit. B- The Director shall provide public notice for any proposed new general permit, for any revision of an existing general permit, and for renewal of an existing general permit. 67- The Director shall publish notice of the proposed general permit once each week for 2 consecutive weeks in a newspaper of general circulation in each county and shall provide at least 30 days from the date of the 1st notice for public comment. The notice shall describe the following: 1. The proposed permit; 2. The category of sources that would be affected; 3. The air contaminants which the Director expects to be emitted by a typical facility in the class and the class as a whole; 4. The Director's proposed actions and effective date for the actions; 5. Locations where documents relevant to the proposed permit will be available during normal business horn; 6. The name, address, and telephone number of a penon within the D e p m e n t who may be contacted for further information; 7. The address where any person may submit comments or request a public hearing and the date and time by which comments or a public hearing request are required to be received, 8. The process by which sources may obtain authorization to operate under the general permit. Page 58 March 31,2002 Arizona Adminisirative Code Depament of Environmental Quality - Air Pollution C o n ~ o l For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation: E = 4.1 O P ~ . ~ ~ where: E = the maximum allowable particulate emissions B. rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the folIowing equation: C. E = 55.0~'-"-40 where "E" and "P"are defined as indicated in subsection (A)(l). For reference purposes only, the equations in subsection (A) D. are plotted in Figure 2, Appendix I I. The emission values obtained from the graph are approximately correct for the proE. cess weight rates shown. However, the actual vdues shall be calculated from the applicable equations and rounded off to 2 decimal places. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter. The opacity of emissions subject to the provisions of this Section shall not exceed 20%. The test methods and procedures required by this Section are a s follows: 1. The reference methods set forth in 40 CFR 60, ~ ~ ~ e n d i x ' A shall be used to determine compliance with the standards prescribed in subsection (A) as follows: a Method 5 for the concentration of particulate matter and the associated moisture content; b. Method 1 for sample and velocity Eaverses; ' c. Method 2 for velocity and volumetric flow rate; d. Method 3 for gas analysis. 2. For Method 5, the sampling time for each run shall be at least 120 minutes and the sampling rate shall be at least 0.9 dscm/hr (0.53 dscflmin), except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the Director. Particulate F. matter sampling shall be conducted during representative periods of charging and refining but not during pouring of the heat. 1. Historical Note Section R18-2-712 renumbered from R18-2-512 effective November 15, 1993 (Supp. 93-4). Standards of Performance for Existing Iron l a d R18-2-713. Steel Rants A. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any 1 hour from any basic oxygen process furnace in total quantities in excess cf the amount calculated by 1 of the following equations: 1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation: E = 4. I where: E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. March 31,2002 Page 73 Title IS, Ch. 2 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation: E=~~.oPO.'~-~O where "E" and "P"are defined as indicated in s u b section (A)(l). For reference purposes only, the equations in subsection (A) are plotted in Figure 2, Appendix I I. The emission values obtained from the graph are approximately correct for the process weight rates shorn. However, the actual values shall be calculated from the applicable equations and rounded off to 2 decimal places. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter. The opacity of emissions subject to the provisions of this Section shall not exceed 20%. Monitoring of operations under this Section is as follows: 1; The owner or operator of an affected facility shall maintain daily records of the time and duration of each steel production cycle. 2. The owner or operator of any aifected facility that uses Venturi scrubber emission conDol equipment shall install, calibrate, maintain and continuousIy operate the following monitoring devices: a A monitoring device for the continuous measurement of the pressure loss through the Venturi constriction of the conmol equipment. The monitoring device shall be certified by the manufacturer to be accurate within 250 pascals ( f l inch water). b. A monitoring device for the continuous measurement of the water supply pressure to the control equipment. The monitoring device is to be certified by the manufacturer to be accurate within f 5 % of the design water supply pressure. The pressure sensor or tap shall be located close to the water discharge point 3. A11 monitoring devices required in subsection (F)(2) shall be recalibrated annually and at othertimes as the Director may require, in accordance with the procedures in Appendix 9: The test methods and procedures 'required under this Section are as folIows: 1. The reference methods set fortb in 40 CFR 60, Appendix A shall be used to determine compliance with the standards prescribed in subsection (A) as follows: a. Method 5 for concentration of par&iculate matter and associated moisture contenc b. Method 1 for sample and velocity traverses; c. Method 2 for volumetric flow rate; d Method 3 for gas analysis. 2. For Method 5, the sampling for each run shall continue for an integral number of cycles with totaI duration of at least 60 minutes. The sampling rate shall be at least 0.9 dscrn/h. (0.53 d s c h i n ) , except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the Director. A cycle s h d start at the beginning of either the scrap preheat or the oxygen blow and shall terminate immediately prior to + Bstorical Note Section R18-2-713 renumbered fiom R18-2-5 13 effective November 15,1993 (Supp. 93-4). Supp. 02-1 Title 18, Ch. 2 Ankona Administrative Code Department of Environmental Quality - Air Pollution Control XI$-2-714. Standards of Performance for Existing Sewage Treatment Plants A. No person shall cause, allow or permit to be em~ttedinto the atmosphere, from any municipal sewage treatment plant sludge incinerator: 1. Smoke, fumes, gases, particulate matter or other gasborne material which exceeds 20% opacity for more than 30 seconds in any 60-minute period. 2. Particulate matter in concentrations in excess of 0.1 gain per cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide. B. The owner or operator of any sludge incinerator subject to the provisions of this Section shall monltor operations by doing all of the following: 1. Install, calibrate, maintain and operate a flow measuring device which can be used to determine either the mass or volume of sludge charged to the incinerator. The flow measuring device shall have an accuracy of _t 5% over its operating range. 2. Provide access to the sludge charged so that a wellmixed representative grab sample of the sludge can be obtained. 3. Install, calibrate, maintain and operate a weighing device for determining the mass of any municipal solid waste charged to the incinerator when sewage sludge and municipal solid wastes are incinerated together. The weighing device shail have an accuracy of? 5% over its operating range. C. The test methods and procedures required by this Section are as follows: 1. The reference methods set forth in 40 CFR 60, Appendix A shall be used to determine compliance with the standards prescribed in subsection (A) as follows: a Method 5 for concentration of particulate matter and associated moisture content; b. Method 1 for sample and velocity traverses; c. Method 2 for volumet~icflow rate; and d. Method 3 for gas analysis. 2. For Method 5, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.015 dscrn/min (0.53 dscumin), except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the Director. Historical Note Section R18-2-714 renumbered from R18-2-5 14 effective November 15, 1993 (Supp. 93-4). R18-2-715. Standards of Performance for Existing Primary Copper Smelters; Sit6specific Requirements A- No owner or operator of a primary copper smelter shall cause, allow or permit the discharge of particulate matter into the atmosphere from any process in total quantities in excess of the amount calculated by one of the following equations: For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, rhe maximum allowable emissions shail be determined by the following equation: E = 4.1 O P ~ . ~ ~ where E = the maximum allowable particulate emissions rate in pounds-mass per hour. P = the process weight rate in tons-mass per hour. 2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation: S u p . 02- i Page E =~~.OPO.~]-~O where "E" and "P"are defined as indicated in subsection (A)(l). B. For reference purposes only, the equations in subsection (A) are plotted in F i p r e 2, Appendix 11. The emission values obtained from the graph are approximately correct for the process weight rates shown. However, the actual values shall be calculated from the applicable equations and rounded off to 2 decimal places. C. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter for that process. D. The opacity of emissions subject to the provisions of &is Section shall not exceed 20%. E. The reference methods set forth in the ArizonaTeshng Manual and 40 CFR 60, Appendix A shall be used to determine compliance with the standards prescribed in this Section as follows: 1. Method AI or Reference Method 5 for concentration of particulate matter and associated moisture content; 2. Reference Method 1 for sample and velocity traverses; 3. Reference Method 2 fqr volumetric flow rate; 4. Reference Method 3 for gas analysis. F. Except as provided in a consent decree or a delayed compliance order, the owner or operator of any primary copper smelter shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from any stack required to be monitored by R18-2-715.01(K) in excess of the following: 1. For the copper smelter located near San Manuel, Arizona ,at latitude 3Z036'58'TJ and longitude 110°37'19"W: a Annual average emissions, as calculated under R18-2-715.01 (C), shall not exceed 1,742 pounds per hour. b. The number of three-hour average emissions, as calculated under R18-2-715.01 (C), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period as defined in R18-2-715.01(3): n, E, Cumulative (Ibh) Occurrences 0 9803 I 8253 2 7619 4 6072 7 5660 12 4922 20 4515 32 4272 48 3945 68 3727 94 3568 130 3419 180 3253 245 3101 330 2958 435 283 1 560 2712 710 2615 .<-%. - Arizona Administrative Code Title IS, Ch. 2 Department of Environmental Quality - Air Pollution Control 890 2525 1100 2440 1340 2366 1610 2290 1910 2216 2240 2142 2. For the copper smelter of ASARCO Inc., Hayden: a Annual average emissions, a s calculzted pursuant to R18-2-715.01(C) through (J), shall not exceed 9,521 pounds per hour. b. The number of three-hour average emissions, as calculated pursuant to R18-2-715.0 l (C) through (J), shall not exceed n cumulative occurrences in excess of E, the emlssion level, shown in the following table in any compliance period: n E. Ibhr. 0 38,000 1 36,000 2 34,000 4 32,000 7 30,500 . 12 28,800 20 27,300 32 26,000 48 25,000 68 23,800 94 22,700 130 21,500 180 20,500 245 19,300 330 18,500 17,500 435 560 16,700 710 16,000 890 15,000 1100 14,200 1340 13,500 1610 12,800 12J.00 1910 2240 11500 For the copper smelter of ASARCO, Inc., Ray Mines Division: a Annual average emissions, as calculated pursuant to R18-2-715.01 (C) through (J), shall not exceed 7,790 pounds per hour. b. The number of 3-hour average emissions, as catcuIated pursuant to RI 8-2-715.0 1(C) through (J), shail not exceed n cumuIative occurrences in excess of E, the emission level, shown in the following table in any compliance period: n E. lb/hr. 0 34,000 1 32,000 2 30,000 4 28,500 7 26,800 12 25,300 20 24,000 32 22,800 48 21,700 68 20,700 94 19,700 130 18,700 180 17,700 245 16,700 March 3 1,2002 Page 75 330 15,700 435 15,200 560 14,400 710 13,500 890 12,700 1I00 12,000 1340 11,200 1610 10,500 1910 10,000 2240 9,500 4. For the copper smelter of Cyprus Miami LMining Corporation, Miami: a Annual average emissions, as calculated pursuant to R18-2-715.01(C) through (J), shall not exceed 3,163 pounds per hour. b. The number of 3-hour average emissions, as calcu, lated pursuant to R18-2-715.01 (C) through (9shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period: n E. Ibihr. 0 16,900 1 15,800 2 14,750 4 13,900 7 13,100 12 12,250 1 1,500 20 32 10,800 48 10,250 68 9,750 94 9,250 130 8,700 180 8,200 245 7,600 330 7,200 435 6,750 560 6,300 710 5,800 890 5,500 1100 5,200 1340 4,800 1610 4,500 1910 4,100 2240 3,800 5. For the copper smelter of Phelps Dodge Corporation, New ComeIia Branch: a Annual average emissions, a s calcufated pursuant to R18-2-715.01(C) through (J), shall not exceed 8,900 pounds per hour. b. The number of 3-hour average emissions, as calculated pursuant to R18-2-715.01 (C) through (J), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any cornpljance period: Title 18, Ch. 2 94 130 180 245 330 435 560 710 890 1100 I340 1610 1910 2240 Arizona Adminisfrative Code Department.of Environmental Quality - Air Pollution Control 21,500 20,500 19,500 18,500 17,500 17,000 16,000 15,000 14,250 13,500 12,500 12,000 11,000 10,500 For the copper smelter of Phelps Dodge Corporation, Morenci Branch: a Annual average emissions, as calculated pursuant to R18-2-715.01(C)through (J), shall not exceed 10,505pounds per hour. b. The number of 3-hour average emissions, as calcuthrough (I) shall , lated pursuant to R18-2-715.01(C) not exceed n cumulative occurrences in excess of E, the emissions level, shown in the following tabIe in any compliance period: 68 94 130 180 245 330 435 560 710 890 1100 1340 1610 1910 2240 27,000 26,000 24,500 23,000 22,000 21,000 19,500 18,500 17,500 16,500 15,500 15,000 14,000 13,000 12,000 G. Except as provided in a consent decree or a delayed compliance order, the owner or operator of the copper smelter located near San Manuel, Arizona at latitude 32'36'58"N and longitude 1 10°37'19'W shall not discharge or cause the discharge of fugitive sulfur dioxide into the atmosphere in excess of the following. 1. Annual average emissions calculated under R18-2715.01(R) shall not exceed 715 pounds per hour for converter roof fugitive emissions; and 2. The number of three-hour average emissions for converter roof fugitive emissions, calculated under R18-2715.01(R) shall not exceed n cumulative occurrences in excess of Ef, the emission level, shown in the following Supp. 02-1 table in any compliance period as defined in Rl8- 715.01(J): *7 Cumulative Occurrences 0 1 2 4 7 12 20 32 48 68 94 130 180 245 330 435 560 710 890 1100 1340 1610 1910 2240 Efi (Ib"w 4462 4299 4222 4017 3867 3460 3179 3000 2827 2649 2523 2361 2218 2072 1923 1785 1644 1517 1402 1300 1208 1121 1039 957 Historical Note Section R18-2-715 renumbered fiom R18-2-515and amended effective November 15,1993(Supp. 93-4). Amended by final rulemaking at 8A.A.R. 575, effective January 15,2002(Supp. 02-1). R18-2-715.01Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring A. The cumulative occurrence and emission limits in R18-2-7150apply to the total of sulfur dioxide emissions , from the smelter processing units and sulfur dioxide control and removal equipment, but not uncaptured fhgitive emissions and emissions due solely to the use of fuel for space heating or steam generation. B. The owner or operator shall include periods of malfunction, startup, shutdown or other upset conditions when determining compliance with the cumulative occurrence or annual average emission limits in R18-2-715(F)or (G). C. The owner or operator shall determine compliance with the cumulative occurrence and emission limits contained in R18-2-715(F)CIS foll~ws: 1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emissions for all hours measured during the cornpliaixe period defined in subsection (J) ending on that day- An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-27150 if either: a. The annual average is greater than the annual average computed for the preceding day; or March 31,2002 Arizona Adminisirative Code Department of Environmental Quality - Air Pollution Control b. The annual averages computed for the five preceding days all exceed the alIowable annual average emission limit; and 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to rhe requirements in subsection 6). For purposes of this Section, the compliance date, unless othenvise provided in a consent decree or a delayed compliance order, shall be January 14, 1986, except that the compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(I) and R18-2-715(G)(l) and (2) is January 15, 2002. For purposes of subsection (C), a three-hour emissions average in excess of an emission Ievel E violates the associated cumulative occurrence limit n listed in R18-2-715(F) if: I. The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and 2. The average is calculated during the Iast operating day of the' compliance penod being reported. -4 three-hour emissions average only violates the cumulative occurrence limit n of an emission level E on the day containing the Iast how in the average. Multiple violations of the same cumulative occurrence limit on the same day and violations of different cumulative occurrence limlts on the same day constitute a single violation of R 18-2-715(F). The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of Rl8-2-7150. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common + hour constitutes a single violation of R18-2-715(F). To determine compliance with subsections (C) through 0,the compliance period consists of the 365 calendar days irnrnediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process. To determine compliance with R18-2-715(F), the owner or operator of any smelter subject to R18-2-715(F) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in each stack that could emit five percent or more of the allowable annual average sulfur dioxide emissions from the smelter. 1. The owner or operator shall continuously monitor sulfur dioxide concentrations and stack gas volumetric flow rates in the outlet of each piece of sulfur dioxide control equipment. 2. The owner or operator shall continuously monitor captured fugitive emissions for sulfur dioxide concentrations and stack gas volumetric flow rates and include these emissions as part of total plant emissions when determining compliance with the cumulative occurrence and emission limits in R18-2-715(F). 3. If the owner or operator demonstrates to the Director that measurement of stack gas volumetric flow in the outlet of any particular piece of sulfur dioxide control equipment would yield inaccurate results once operational or would March 3 1,2002 Title 18, Ch. 2 be technologicaIly infeas~ble, then the Director may allow measurement of the flow rate at an alternative Sampling point 4. For purposes of this subsection, continuous monitoring means the taking and recording of at least one measurement of sulfix dioxide concentration and stack gas flow rate reading &om the effluent of each affected stack, outlef or other approved measurement location in each 15-minute period Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. An hour of smelter emiss~onsis considered continuousiy monitored ~f the emissions from all monitored stacks, outlets, or other approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection. 5 . The owner or operator shaII demonstrate that the continuous monitoring system meets all of the foIlowing requirements: a The sulfur dioxide continuous emission monitoring system installed and operated under thls Section meets the requirements of 40 CFR 60, Appendix B, Performance Specification 6. b. The sulfur dioxide continuous emission monitoring system installed and operated under this Sectlon meets the quality assurance requirements of 40 CFR 60, Appendix F. c. The owner or operator shall notify the Director in writing at least 30 days in advance of the start of quality assumce procedures performed on the continuous monitoring system. d. The Director shalI approve the location of all sarnpling points for monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in writing before installation and operation of measurement insments. e. The measurement system installed and used under this subsection is subject to the manufacturer's recommended zero adjustment and caIibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case specifications or recommendations shall be followed. The owner or operator shalI make available a record of these procedures that clearly shows instrument readings before and after zero adjustment and calibration. E. The owner or operator of a smelter subject to this Section shall measure at least 95 percent of tke hours during which emissions occurred in any month. M. The owner or operator of a smelter subject to this Section shall measure any 12 consecutive hours of emissions according to or (S). the requirements of subsection 6) N. The owner or operator of any smelter subject to this Section shall maintain on hand and ready for immediate installation sufficient spare parts or duplicate systems for the continuous monitoring equipment required by this Section to allow for the replacement within six hours of any monitoring equipment part that fails or malfunctions during operation. 0. To determine total overall emissions, the owner or operator of any smelter subject to this Section shalI perform material balances for s u l h r according to the procedures prescribed by Appendix 8 of this Chapter. P. The owner or operator of any smelter subject to this Section shall maintain a record of all average hourly emissions measurements required by this Section. The record of the emissions shall be retained for at least five years following the date Page 77 Supp. 02-1 Title 18, Ch. 2 Arizona Administrdve Code Depannenr of Environmental QuaIity - Air PolIution Control of measurement. The owner or operaror shall record the measurement results as pounds per hour of sulfur dioxide. The owner or operator shall summarize rhe following monthly and submit them to the Director within 20 days afier the end of each month: 1. For all periods described in subsection (C) and (R), the annual average emissions as calculated at the end of each day of the month; 2. The total number of hourly periods during the month in which measurements were not taken and the reason for loss of measurement for each period; 3. The number of three-hour emissions averages that exceeded each of the applicable emissions levels listed in R18-2-715(F) and (G) for the compliance periods ending on each day of the month being reported; 4. The date on which a cumulative occurrence limit listed in R18-2-715(F) or (G) was exceeded if the exceedance occurred during the month being reported. Q. An owner or operator shall install instrumentation to monitor each point in the smelter facility where a means exists to bypass the sulfur removal equipment, to detect and record all periods that the bypass is in operation. An owner or operator of a copper smelter shall report to the Director, not later than the 15th day of each month, the recorded information required by this Section, including an explanation for the necessity of the use of the bypass. R The owner or operator shalI determine compliance with the cumulative occurrence and fugitive emission limits contained in R18-2-715(G)(l) and (2) as follows: 1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emissions for all hours measured during the compliance period, as defined in subsetion @)(8), ending on that day. An annual emissions average in excess of the ailowable annual average emissron limt is a violation of Rl82-715(G)(1) if either: a The annual average is greater than the annual average computed for the preceding day; or b. The annual averages computed for the five preceding days all exceed the allowable annual average emission limit 2 The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements contained in subsection (S). 3. For purposes of subsection (R)(2), a three-hour emissions average in excess of an emission level Ef violates the , associated curnulative occurrence limit n listed in R18-2-715(G)(2) if: a The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the curnulative occurrence limit associated with the emission level; and b. The average is calculated during h e Iast operating day of the compliance period being reported 4. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level Ef on the day containing the last hour in the average. 5. Multiple violations of the same cumulative occurrence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation of R18-2-715(GX2). 6. The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes Supp. 02-1 ' S. only a single violation of the requirements oci,. except as provided in a consent decree or a delayed compliance order. the owner or ouerator of the copper smelter located near Miami. Arizona at latitude 33" 24' 50" N and loneitude 110° 51' 25" W shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from combined stack and fugitive emissions units in excess of the 2420 uounds uer hour annual average calculated under R18-2-715.01(U). R18-2-715.01. Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring A. The cumulative occurrence and emission limits in R18-2-715(F) apply to the total of sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not uncaptured fugitive emissions emissions due soIely to the use of fuel for space heating or steam generation. 3. The owner or operator shall include periods of malfunction, startup, shutdown or other upset conditions when determining compliance with the cumulative occurrence or annual average emission limits in R18-2-715(F), e~ (G), or (HI. C. The owner or operator shall determine compliance with the cumulative occurrence and emission limits contained in R18-2-715(F) as follows: 1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emissions for all hours measured during the compliance period defined in subsection (J) ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2-715(F) if either: March 22,2002 Page 1187 Volume 8, Issue #12 Arizona A dmirzistrative Register Notices of Proposed Rulemaking The annual average is greater than the annual average computed for the preceding day; or The annual averages computed for the five preceding days all exceed the allowable annual average emission limit-, 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements in subsection 6). D. For pu&oses of this Section, the compliance date, unless otherwise provided in a consent decree or a delayed compliance order, shail be January 14, 1986, except that: 1. the The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(1) and R18-2-715(G)(1) s-FEI+) is January 15,2002, and 2. The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(Z). (F)!3). (G)!2). and (HI is the effective date of this rule. E. For purposes of subsection (C), a three-hour emissions average in excess of an emission level E violates the associated cumulative occurrence limit n listed in R18-2-715(F) if: 1. The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and 2. The average is calculated during the last operating day of the compliance period being reported F. A three-hour emissions average only violates the cumulative occunence limit n of an emission level E on the day containing the last hour in the average. G Multiple violations of the same cumulative occunence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation of R18-2-715(F). H. The violation of any cumulative occunence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of R18-2-715(F). I. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitutes a single violation of Rl8-2-715(F). J. To determine compliance with subsections (C) through (I),the compliance period consists of the 365 calendar days immediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process. K. To determine compliance with Ri8-2-715(J?) the owner or operator of any smelter subject to R18-2-715(F) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in each stack that could emit five percent or more of the allowable annual average sulfur dioxide emissions from the smelter. 1. The owner or operator shall continuously monitor sulfur dioxide concentrations and stack gas volumetric flow rates in the outlet of each piece of sulfur dioxide control equipment. 2. The owner or operator shall continuously monitor captured fugitive emissions for sulfur dioxide concentrations and stack gas volumetric flow rates and include these emissions as part of total plant emissions.when determining compliance with the cumulative occurrence and emission limits in R18-2-715(F) and (HI. 3. If the owner or operator demonstrates to the Director that measurement of stack gas volumetric flow in the outlet of any particular of sulfur dioxide control equipment would yield inaccurate results once operational or would be technologicaIly infeasibie, then the Director may allow measurement of the flow rate at an alternative sampling point. 4. For purposes of this subsection, continuous monitoring means the talung and recording of at least one measurement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack, outlet, or'' other approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning o f each clock hour, and run consecutively. A n hour of smelter emissions is considered continuously monitored if the emissions from all monitored staclts, outlets, or other approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection. 5. The owner or operator shall demonstrate that the continuous monitoring system meets ali of the following requirements: a. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the requirements of 40 CFR 60, Appendix B, Performance Specification 6. b. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the quality assurance requirements of 40 CFR 60, Appendix F. c. The owner or operator shall notify the Director in writing at least 30 days in advance of the start of mee relative accuracy test audit IRATA) procedures performed on the continuous monitoring system. d. The Director shall approve the location of all sampling points for monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in writing before installation and operation of measurement instruments. a. b. a, Volume 8, Issue 2I+! Page 1188 March 22, 2502 ' Arizona Administrative Register Notices of Proposed Rulemaking The measurement system installed and used under this subsection is subject to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case specifications or recommendations shall 6e followed. The owner or operator shall make available a record of these procedures that clearly shows instrument readings before and after zero adjustment and calibration. L. The owner or operator of a smelter subject to this Section shall measure at least 95 percent of the hours- during which emissions occurred in any month. measure any 12 consecutive hours of M. Tke Failure of the owner or operator of a smelter subject to this Section emissions according to the requirements of subsection (K) or (S) is a violation of this Section. N. The owner or operator of any smelter subject to this Section shall maintain on hand and ready for immediate installation sufficient spare parts or duplicate systems for the continuous monitoring equipment required by this Section to aIlow for the replacement within six hours of any monitoring equipment part that fails or malfunctions during operation. 0. To determine total overall emissions, the owner or operator of any smelter subject to this Section shall perfonn material balances for sulfur according to the procedures prescribed by Appendix 8 of this Chapter. P. The owner or operator of any smelter subject to this Section shall maintain a record of all average hourly emissions measurements and all calculated average monthlv emissions required by this Section. The record of the emissions shall be retained for at least five years following the date of measurement or calculation. The owner or operator shaIl record the measurement or calculation results as pounds per hour of sulfur dioxide. The owner or operator shall summarize the following & & monthly and submit &em the summarv to the Director within 20 days after the end of each month: I. For all periods described in subsection (C) and (R), the annual average emissions as calculated at the end of each day , of the month; 2. The total number of hourly periods during the month in which measurements were not taken and the reason for loss of measurement for each period; 3. The number of three-hour emissions averages that exceeded each of the applicable emissions levels listed in R18-2-715(T) and ( G ) m for the compliance periods ending on each day of the month being reported; 4. The date on which a cumulative occurrence limit listed in R18-2-715(F) or ( G ) m was exceeded if the exceedance occurred during the month being reporteds in subsections (T) and (LO.the annual average emissions as calculated at the end of the last 5. For all ~ e r i o d described dav of each month. Q. An owner or operator shall install instrumentation to monitor each point in the smelter facility where a means exists to bypass the sulfur removal equipment, to detect and record all periods that the bypass is in operation. A n owner or operator of a copper smelter shall report to the Director, not later than the 15th day of each month, the recorded information required by this Section, including an explanation for the necessity of the use of the bypass. R. The owner or operator shall determine compliance with the cumulative occurrence and fugitive emission limits contained in R18-2-715(G)(l) rwfy;f) as follows: 1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emiss~onsfor all hours measured during the compliance period, as defined in subsection @J(8), ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2-715(G)(l)@ if either: a. The annual average is greater than the annuaI average computed for the preceding day; or b. The annual averages computed for the five preceding days all exceed the allowable annual average emission limit. 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements contained in subsection (S). 3. For purposes of subsection m)(2), a three-hour emissions average in excess of an emission level Efviolates the associated cumulative occurrence limit n listed in R18-2-71 5(G)f?)QJ&) if: a The number of all three-hour emissions averages calculated duiing the compliance period in excess of that emission level exceeds the cumuiative occurrence limit associated with the emission level; and b. The average is calculated during the last operating day of the compliance period being reported. 4. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level Efon the day containing the last hour in the average. 5. Multiple violations of the same cumulative occurrence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation of RlS-2-715(G)f?) 6. The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of R18-2-71 S ( G ) a . 7. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitutes a single violation of R15-2-7 1S(G)O(l)(b). e. w. March 22,2002 Page 1189 Vo!ume 8, Issue #I2 Arizona Admirzistrative Register Notices of lfroposed Rulemaking To determine compliance with subsections iR)(1) through @3(7), the compliance period consists of the 365 calendar days immediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process. the owner or operator of m y the smelter subject to S. To determine compliance with R18-2-715(G)(l) R18-2-715(G)(l) aid+) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations of the converter roof fugitive emissions. 1. For purposes of this subsection, continuous monitoring means the taking and recording of at least one measurement of sulfur dioxide concentration from an approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning of each clock hour, and run consecutiveIy. An hour of smelter emissions is considered continuously monitored if the emissions from all approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection. 2. The owner or operator of a smelter subject to the requirements of this subsection shaIl conduct quality assurance procedures on the continuous monitorgg system according to the methods in 40 CFR 60, Appendix F, except that an annual relative accuracy test audit (RATA) is not required. The emission limit in R18-2-715(G)(2) a p ~ l i e sto the total of uncaptured fugitive sulfur dioxide emissions from the smelter urocessing units and sulfur dioxide control and removal eauipment. but not emissions due solely to the use of fuel for space heating or steam generation. The owner or operator shall determine compliance with the emission limit contained in Rl8-2-715(G)!2] as follows: 1. The owner or ooerator shall calculate annual averaee fu~itiveemissions at the end of the last dav of each month bv averaging the monthlv emissions for the previous 12-month period ending on that day. As a means of determining monthlv fugitive emissions. the owner or operator shall perform material balances for sulfur according to the sulfur balance ~roceduresprescribed in Appendix 8 of this Chapter. 2. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2715(G)(2) if the fueitive annual average computed at the end of each month exceeds the allowable annual average emission limit. U. The emission limit in R18-2-715(H) aoulies to the total of stack and uncaptured hgitive sulfur dioxide emissions from the smelter urocessine units and sulfur dioxide control and removal equipment. but not emissions due soleIv to the use of fuel for soace heating or steam generation. The owner or operator shall determine c o m ~ l i a n c ewith the emission limit contained in R18-2-715(H) as follows: 1. The owner or owerator shall calculate annual average stack emissions at the end of the last dav of each month bv averagine the emissions for all hours measured during the previous 12-month oeriod ending on that day according to the requirements contained in subsection (K). 2. The owner or operator shall calculate annual average fugitive emissions at the end of the last day of each month by a v e r a ~ n gthe . monthlv emissions for the ~revious12-month ueriod ending on that dav. As a means of determiningmonthlv fugitive emissions. the owner or operator sha1I oerform material balances for sulfur accordine to the sulfur balance ~roceduresorescribed in Appendix 8 of this Chapter. 3. An annual emissions average in excess of the allowable annual averase emission limit is a violation of Rl8-2-715(H) if the total o f the stack and fugitive annual avennes cornouted at the end of each month exceeds the allowable annual average emission limit. 8. Volume 8, Issue #12 Page 1190 March 22, 2002 Part A.2.2 Notice of Public Hearing for Rulemaking . . PUBUC EdOTlCE ARIZONA DEPARTMEKT OF LEWI,RONMENTAL PUALrIY PUBWC HEARING ON PROFOSED AMENDMENTS TO ARlZONA ADiWINISiii:~TI\fE CODE ~18-2-715 AND 316-2-7?5.0i;STANDARGS 3 F PERWRMANCE FOR EXISTING PRIMARY COPPES SMELTERS, TO INCORFORATE SEDUCED SULFUR DIOXIDE EMlSSlONS LIMITS FOR THE COPPER SMELTERS ATHAYDEN AND RIIAUI, ARIZONA The Arizona Department of-Environmental Quaiity (ADEG) wiil hold two pubiic hearings on its proposal l o amend state iegulations ;or copper smelters by incorporating reductions in emission limits for two smelters: one iocated near Hayden, Gila County and-one near Miami. Gila County. Because oi measured exceedances of the national ambient air quality standards for sulfur dioxide (502). both the Hayden and the M1ami.areas were desiynated nonattainment for SO2 in. 1479. Th'e emissions limits contained in R18-2-715 wereadopted in 1979 as a means of !owering stack emissions of 502. , liom the smelters. Because the proposed revised rule will be a control measure in the air quarty State Irnplemenratioti and Maintenance Pians forthe Hayden and Miami SO2 nonaftainrnent areas, updated air quality impact analyses were ,performed for both smelters. These analyses demonst&,future air quality protec!,on ~ a s e d on current and projectedlevels of ooeration. I h e new 11mrtscro~aseairrRl6-2-715 oernonstratetnat the smelters are not expectedto cause or.cmtribute to e vloiatlon 01 me -ational a'nodm a r qLaltty standarcs ror S02. Th~srue rev slon 4s one steo m the orocess to request that the U.S. EnvironmentalProtechon Agency redostgnate these areas to attamment. The new ernission Umits also requirechanges tothe compliancemeth,ads in R18-2-715.01. Additional amendmms to R18-2-715 are proposed to update the rule to reinovethose sut~sectionsfor srnelters that are no longer operating. The rule subsections proposed for removal pertain to the defund copper smener of ASARCO. Inc., Ray Mines Division in Hayden, Pinai County; the defund.copper smelter of Phelps Dodge Corporation, New Cornelia Branch.inAjo. Pinal County;.and for the defunct copper smelter d Phelps Dpdge Corporation, Morerici Branch in Morenci. Greenlee County. A public hearing on the proposed rule'revisions will be held on Tuesday, April 23, 2002. at 1:00 p.m.. Miami Town Hall. Council Chambers, 500 Sullivan Street, Miami, A 2 85533. A second hearing wilt.be heid on Wednesday, Apr1l24,2002, at.l:OO p.m., Hayden Town Hall. Zocnc~lC.;amcers. 520 Velasco Avenue, Hayden. kZ 35235. All nerested oan.es :rill be oiven an oooortunrty at Ihe publ~chearlngs to subrntirelevant corn rnents, data, and views, orally and m wrdlng. Written comments must be recefved at ADEQ by 5 00 p.m. on Thursday. Aprll25. 2002. All wrman comments shouid be addressed, faxed, or matled to' Mark Lewandowski Aa Quality Planntng Sactmrr Artzona Department of Envimnmentai Quality 3033 N Central Ave T5109B Phoentx. N 85012-2905 FAX. (602) 207.2366 E-Mail. lewandowsk~rnark@evstateaz us The oroposed rule can be found ~nthe March22,2002 Arvma Adnlln~stratlveReg~ster.whtch ts on the web at wrnv sosaz com/aar/ Cop~esof the proposal are also a~llable tor review beg~nn~ng March 22. 2002, at the rollowlng locations Arlzona Department of Env~ronmentalQualrty Library First Floor 3033 N Central Avenue, Phoentx, Anzona 85012. Lorra~neAkey, (602) 207-4335, and Town of Miami Off!ceof the Cierk 500 Sullivm Street klaml, Anzona 85539 Margle Henry, (928) 473-4403 and Town of Hayden Mftce of the Clerk -' 520 Velasco Avenue Hayden, Arizona 85235 Maria G Garc~a.(520) 356-7801 For further informat~on lease contact Mark Lewandowski at 1-800-234-5677ext. 2230. Ben 3315 One Pub. 3-20-2002 State of Arizona County of fGna Ellen Kretsch, or her authorized representative, , being first duly sworn deposes and says: That she is the publisher of the Arizona Silver Belt, San Carlos Apache Moccasin, and the Gila County Advantage newspapers, Iocated at 298 North Pine Street, Globe, Arizona 85501, or mail P.O. Box 31, Globe, Arizona 85502. The above stated newspapers are published weekly in Globe, in the ' smelters at Hayden & Miami, AZ A printed copy of said legal or advertisings is attached hereto and was published in a regular w ekly edition of said newspaper (and not a supplement thereof) for - consecutive weeks in the L ~ r i z o n a Silver Belt newspaper, andfor the S a n Carlos Apache Moccasin newspaper, and/or the - Gila County Advantage. The dates of publication being as follows, to wit: 7 + . / r l l\J Ellen Kretsch. Publisher Or authorized representative State of Arizona County of Gila My Commission Expires: July 15, 2003 PUBLIC NOTICE State of Arizona ONMENTAL QUALITY PUBLIC G ON PR deposes and says: A M E m m N T S TO mZ(9PiA That he is one one of the publi Basin News, a newspaper pi mMIMSTMTHW CODE Kearny, in the county of Pinal, Stt Rd8-2-915 AND RBS-2-7115.01, C ~ ~ nsft yPinal Y iq UI: q Pl(oiLc /f6,4ie PE R EXTSTXNG PRMARY COPPER SMELTERS, TO INCOWOMTIE REDUCED SULFUR DIOXIDE EMISSIONS LIMITS FOR THE COPPER SmLTERS AT WAYDEN AND MIAMI, L~R~ZOWA a printed copy of which is he published in all the regular 1 The Arizona Department of said newspaper (and not a supp Environmental Quality (ADEQ) will 0LIE the dates of publication being 3/a/o-r Subscribed and sworn to before day of Mh@dh- I a Notary Public hold two public hearings on its proposal to amend state regulations for copper smelters by incorporating reductions in emission limits for two smelters: one located near Hayden, Gila County, and one near Miami, Gila County. Because of measured exceedances of the national ambient air quality standards for sulfur dioxide (S02), both the Hayden and the Miami areas were designated nonattainment for SO2 in 1979. The emissions limits contained in R18-27 15 were adopted in 1979 as a means of lowering stack emissions of SO2 from the smelters. Because the proposed revised rule will be a control measure in the air quality State Implementation and Maintenance Plans for the Hayden and Miami S02, nonattainment areas, updated air quality impact analyses were performed for both smelters. ,These analyses demonstrate future -air quality protection based on current and projected levels of operation. The new limits proposed in R18-2-7 15 demonstrate that the smelters are not expected to cause or contribute to a violation of the national ambient air quality standards for S02. This rule revision is one step in the process to request that the US Environmental Protection Agency redesignate these areas to attainment. The new elmsslon limits also require changes to the compl~ancemethods In R18-2-715.01. Additional amendments to R18-2715 are proposed to update the rule to remove those subsections iol smelters that are no longer operahng. The rules subsections proposed for removal pertain to the dehnct copper smelter of ASARCO, Inc., Ray Mines Division, in Hayden, Pinal County; the d e h c t copper smelter of Phelps Dodge Corporation, New Cornelia 'Branch in Ajo, Pima County; and for the defunct copper smelter of Phelps Dodge Corporation, Morenci Branch, in Morenci, Greenlee County. A public hearing on the proposed rule revisions will be held on Tuesday, April 23,2002, at 1.00pm, Miami Town Hall, Council Chambers, 500 Sullivan Street, Miami, AZ 85539. A second hearing will be held on Wednesday, April 24, 2002, at 1:00 pm, Hayden Town Hall, Council Chambers, 520 Velasco Avenue, Hayden, AZ 85235. All interested parties will be given an opportunity at the public hearings to submit relevant comments, data, and views, orally - and in writing. Written conments must be received at ADEQ by 5:00 pm on Thursday, April 25,2002, All written comments should be addressed, faxed, or emailed to MARK LEWANDOWSMI, Air Quality Planning Section, Arizona Department of Environmental Quality, 3033 N. Central Ave., T5 109B, Phoenix, AZ 85012-2905, fax: (602) 207-2366, email: lewandowski.mark@ev.state.az.us. The proposed rule can be found in the March 22, 2002, Arizona Administrative Register, which is on the web at www.sosaz.com/aar/. Copies of the proposal are also available for review beginning March 22, 2002, at the following locations: Arizona Department oj Environmental Quality Library, Firs1 Floor, 3033 N. Central Avenue Phoenix, Arizona 85012 LORRAINE AKEY, (602) 207 4335 and Town of Miami, Office o the Clerk, 500 Sullivan Street Miami, Arizona 85539, MARGII HENRY, (928) 473-4403; and T o w of Hayden, Office of the Clerk, 52( Velasco Avenue, Hayden, Arizon; 85235, MARIA G. GARCIA, (520 354-7801. For further information, pleas contact Mark Lewandowski at 1 800-234-5677, ext. 2230.. CBW: I Pub 3/20/02 Legal Adv. . yiOt;;,"3;i\aa -.----- T;il?c.Q~ ~ i a a09 3 ' I\:>., pa' saP~~u3ax~" *y31a%a s*gZ i3 aaa;Ql%+ -, -';QQ~O s ~a*3°a1~~~Qo1A,03 r Q_ ~ l - ~ a ~ e~ State of Arizona SS. C0unty of Pinal deposes a n d says: That he is one one of the publishers of the Copper Basin News, a newspaper published Weekly at Mearny, in the county of Pinal, State of Arizona: that a printed copy o f which is hereto attached, was published in a l l the regular Weekly editions of said newspaper (qnd not a supplement thereof) for R/ consecutive Weeks bl ication being as follows, to-wit: the dates o f 0 k, Subscribed and sworn to before m e this 1 '3 day of M y commission expire PlNAL COUNTY My Cornrn. Expires Apr. 22,2005 * , ~ , ~ ~ ~ ~ s ~ Part A.2.3 Public Hearing Agenda for Rulemaking ARIZONADEPARTMENT OF Jane Dee Hull Governor ENVIRONMENTAL QUALITY 3033 North Central Avenue (602)207-2300 Phoenix, Arizona 85012-2809 wvw.adeq.state.az.us Jacoueiine E. Schater Director AB W QUAhlW DIVISION PUBLIC HEARINGS on Proposed Revisions to Arizona Administrative Code R7 8-2-715 and Rf 8-2-715.01, Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements; Compliance and Monitoring PLEASE NOTE THE MEETING LOCATIONS AND TIMES: April 23,2002,1:00 p.m. Miami Town Hall, Council Chambers, 500 Sulfivan Street, Miami, AZ,85539; and April 24,2002,l:OO p.m. Mayden Town Hall, Council Chambers, 520 ~ e l a s c oAvenue, Hayden, BZ, 85233 Pursuant to AWS 5 49-425, notice is hereby given that the above referenced meeting is open to the public. Copies of the proposal are available for review at the Arizona Department of Environmental Quality Library, 3033 North Central Avenue, Phoenix, Arizona; Town of Miami, Office of the Clerk, 500 Sullivan Street, Miami, Arizona; and Town of Hayden, Office of the Clerk, 520 Veiasco Avenue, Hayden, Arizona. 1. Welcome-and Introductions 2. Purposes of the Oral Proceeding 3. Procedure for Making Public Comment 4. , Brief Overview of the Proposed Rule Revision for Copper Smelters 5. Question and Answer Period 6. Oral Comment Period 7. Adjournment of Oral Proceeding For additional information regarding the hearing, please call Mark Lewandowski, ADEQ Air Quality Division, at (602)207-2230 or 1-800-234-5677, Ext 2230. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting Katie Huebner at (602)207-4794 or 1-800-234-5677, E x t 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 contactjng ADEQ TDD phone number at (602) 207-4829. Northern Regional Office 1515 East Cedar Avenue * Suite F * Flagstaff,AZ 86004 (928) 779-0313 Southern Regional Office 600West Congress Street Su~te433 Tucson, W 8.5701 Prrnted on recyded paper (520) 628-6733 Part A.2.4 Public Hearing Sign In Sheet for Rulemaking Part A.2.5 Public Hearing Officer Certification and Transcript for Rulemaking \ Jane Dee Hull Governor 3033 North Central Avenue (602) 207-2300 Jacqueline E. Schafer Director Phoenix, Arizona 8501 2-2809 www.adeq.state.az.us AIR QUALITY DIVISION Public Hearing Presiding Officer Certification I, AndraJuniel, the designated Presiding Officer, do hereby certify that the public hearing held by the Arizona Department of Environmental Quality was conducted on April 23,2002, in the Miami Town Hall, Council Chambers, Miami, Arizona, in accordance with public notice requirements by publication in the Arizona Silver Belt dated March 20, 2002, and the Copper Basin News dated March 20,2002. Furthermore, I do hereby certify that the public hearingwas recorded from the opening of the public record through concluding remarks and adjournment, and the transcript provided contains a full, true, and correct record of the above-referenced public hearing. Dated this ' q q d a y of June ; a001 Andra Juniel 1 State of Arizona ) ) 5s. County of Maricopa ) Subscribed and sworn to before me byQdf~L/j,?,.? this /f day of , L290c2. Notart(Public State of Arizona WIaricopa County burs *Farland E x p b &rib 82,2004 M y commission expires: ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC HEARING ON PROPOSED AMENDMENTS TO ARIZONA ADMINISTRATIVE CODE R18-2-715 AND R18-2-715.01, STANDARDS OF PERFORMANCE FOR EXISTING PRIMARY COPPER SMELTERS, TO INCORPORATE REDUCED SULFUR DIOXIDE EMISSIONS LIMITS FOR THE COPPER SMELTERS AT HAYDEN AND MIAMI, ARIZONA. i -- Miami, Arizona - April 23, 2002 > 1:14 P.M. - -- PRESENT FOR ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY: A N D M JUNIEL Planner I1 BRUCE FRIEDL Environmental Program Specialist THERESA PELLA Manager, Air Planning Section MIKE GEORGE Manager, Air Quality Assessment ORIGIMA Reported by Florence Pasteur, CCR, RPR for: SILVERMAN & GARWOOD Court Reporting Service (520) 792-2600 or (800) 759-9075 CONFERENCE ROOMS : Suite 200 177 North Church Avenue MAILING ADDRESS: P.O. Box 17507 Tucson, Arizona 85731 MR. JUNIEL: gentlemen. Good afternoon, ladies and I I now open this oral proceeding on proposed revisions to the air pollution control rules for I existing primary copper smelters in accordance with I Arizona Revised Statute Section 41-1023. It is now April 23rd, 2002 at 1:14 p.m. ! The location is the Miami Town Hall, Council Chambers, Located at 500 Sullivan Street, Miami, Arizona 85539. I My name is Andra Juniel, and I have been I appointed by the Director of the Arizona Department of Environmental Quality, ADEQ, to preside at this proceeding. The purposes of this proceeding are to provide the public an opportunity: one, to hear about the substance of the proposed changes in the rules for copper smelters; two, to ask questions regarding the proposed changes; and, three, to present oral argument, data and views regarding the proposed changes in the form of comments on the record. Representing the Department are myself; Mike George, Manager, Air Quality Assessment Section; Theresa Pella, Manager, Air Quality Planning Section; and Bruce Friedl, Air Quality Planning Section. The procedure for making a public comment on the record is straightforward. If you wish to I I I I 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 in person to me today or by mail, fax, or e-mail to Mr. Mark Lewandowski by the end of the comment period. The end of the comment period is 5:00 p.m. on April 25th, 2002. If mailed, faxed or e-mailed, written comments must be postmarked by April 25th, 2002. Submit your written comments to Mark Lewandowski -- that's L-e-w-a-n-d-o-w-s-k-i -- Air Quality Planning Section, Arizona Department of Environmental Quality, 3033 North Central Avenue, T5109B, Phoenix, Arizona 85012. E-mail: Fax: 602-207-2366. Lewandowski -- L-e-w-a-n-d-o-w-s-k-i -- dot Mark - - M-a-r-k -- @ e-v -- v as in Victor -- dot state dot AZ -- Z as in Zebra -- dot US. Comments made during the formal comment period are required by law to be considered by the Department in the preparation of the final rule. This is done through the preparation of a concise explanatory statement 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: I I First Mr. Friedl will present a brief overview of the i 1 proposed rule revisions. I Next, I will conduct a question and answer period, if requested. The purpose of the question and answer period is to provide information that may help you in making comments on the proposed rule revisions. Third, I will conduct a formal 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 portion of this proceeding. I At this time I will ask Mr. Friedl to give a brief overview of the proposed rule revisions. MR. FRIEDL: The Arizona Department of I Environmental Quality is proposing to revise state regulations to limit sulfur dioxide emissions applicable to two copper smelters, one located in Hayden, Gila County, and one located in Miami, Gila County. The Hayden smelter is currently owned and I operated by ASARCO, Incorporated, and the Miam1 smelter, by Phelps Dodge Miami, Incorporated. Because of measured exceedances of the national ambient air quality standards for sulfur dioxide, both the Hayden and the Miami areas were designated nonattainment for sulfur dioxide in 1979. The existing emissions limits contained in Arizona Administrative Code R18-2-715 were adopted in 1979 to ensure lower stack emissions of sulfur dioxide from the smelters. Because the rule will be a control measure for the air quality State Implementation and Maintenance Plans for the Hayden and Miami areas, updated air quality'impact analyses became necessary for both smelters. The results of these analyses demonstrate that current and expected future operation levels will ensure sulfur dioxide emissions will remain below the federal health base standards. For the Hayden smelter, the rule incorporates lower sulfur dioxide stack emission limits and adds new limits for fugitive emissions. For the Miami smelter, the rule incorporates lower sulfur dioxide stack emission limits and includes an overall combined limit for stack and fugitive sources. The new limits for both the Hayden and Miami smelters also require minor changes to the compliance and monitoring provisions in Arizona Rule R18-2-715.01. Additional revisions to R18-2-715 are proposed to update the rule to remove those sections with emissions limits for smelters that are no longer operating. The rule sections proposed for removal are for the defunct copper smelters of: one, ASARCO Incorporated, Ray Mines Division, Hayden, Pinal County -- actually, Gila County; two, Phelps Dodge Corporation, New Cornelia Branch in Ajo, Pima County; and, three, Phelps Dodge Corporation, Morenci branch, in Morenci, Greenlee County. This concludes the explanation period of this proceeding on the proposed revisions to the air pollution control rules for existing primary copper smelters. MR. JUNIEL: The Arizona Department of Environmental Quality is proposing to revise state regulations to.., Are there any questions before we move to the oral comment period? (No response. ) MR. JUNIEL: Hearing none, this concludes the question and answer period of this hearing on the proposed rule. I now open the oral comment portion of this hearing. Seeing no speaker slips, this concludes the oral comment period of this hearing. I encourage everyone to submit written comments on the proposed rule. Your participation is an essential part of the rule-making process. Thank you for attending. The time is now 1:24. I now close this oral proceeding. (At the hour of 1:24 p.m. the public hearing -was concluded. ) C E R T I F I C A T E I CCR #50300, t o o k t h e f o r e g o i n g p u b l i c h e a r i n g p u r s u a n t I t o n o t i c e a t t h e t i m e and p l a c e s t a t e d i n t h e c a p t i o n I hereto; t h a t I was t h e n and t h e r e a C e r t i f i e d Court R e p o r t e r i n and f o r t h e County of Pima, S t a t e of A r i z o n a ; and t h e f o r e g o i n g pages c o n t a i n a f u l l , t r u e and a c c u r a t e t r a n s c r i p t i o n of my n o t e s of s a i d p u b l i c hearing. FLORENCE PASTEUR, CCR #50300 I \ Jane Dee Hull Governor Jacqueline E. Schafer Director 3033 North Central Avenue Phoenix, Arizona 8501 2-2809 (602)207-2300 www.adeq.state.az.us AIR QUALITY DlVlSlON Public Hearing Presiding Officer Certification I, Andra Juniel, the designated Presiding Officer, do hereby certify that the public hearing held by the Arizona Department of Environmental Quality was conducted on April 24, 2002, in the Hayden Town Hall, Council Chambers, Hayden, Arizona, in accordance with public notice requirements by publication in the Arizona Silver Belt dated March 20, 2002, and the Copper Basin News dated March 20,2002. Furthermore, I do hereby certify that the public hearing was recorded from the opening of the public record through concluding remarks and adjournment, and the transcript provided contains a full, true, and correct record of the above-referenced public hearing. Dated this \8+-hday of State of Arizona -\i >',hf, ~. C C ~ A , 1 ) ss. County of Maricopa ) Subscribed and sworn to before me by Notaw Public State of Arizona Wiaricopa County Laura McFafland Expires April02,2004 this _i;? dayof ~2~~~ SY~Z-. Notary Pubiic M y commission expires: C&\Ly-" 0.2 3 0.9 9 ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY PUBLIC HEARING ON PROPOSED AMENDMENTS TO ARIZONA ADMINISTRATIVE CODE R18-2-715 AND R18-2-715.01, STANDARDS OF PERFORMANCE FOR EXISTING PRIMARY COPPER SMELTERS, TO INCORPORATE REDUCED SULFUR DIOXIDE EMISSIONS LIMITS FOR THE COPPER SMELTERS AT HAYDEN AND MIAMI, ARIZONA. Hayden, Arizona April 24, 2002 1:11 P.M. - . a - -- ~. PRESENT FOR ARIZONA DEPARTMENT OF ENVIRONMENTAL ANDRA JUNIEL BRUCE FRIEDL THERESA PELLA MIKE GEORGE QUALI'TY: --. Planner I1 Environmental Program Specialist Manager, Air Planning Section Manager, Air Quality Assessment Reported by Olivia Armenta, CCR #50411 for: SILVERMAN & GARWOOD Court Reporting Service (520) 792-2600 or (800) 759-9075 CONFERENCE 3OOMS: Suite 200 177 North Church Avenue MAILING ADDRESS: P.O. Box 17507 Tucson, Arizona 85731 6 I emissions limits for smelters that are no longer I operating. The rule sections proposed for removal are for the clefunct copper smelters of: I One, ASARCO, Incorporated, Ray Mines division in the Hayden, Pinal County; two, Phelps-Dodge Corporation, New Cornelia I I Branch in Ajo, Plma County; and, three, Phelps-Dodge Corporation, Morenci Branch in Morenci, Greenlee County. This concludes the explanation period of this proceeding on the proposed revisions to the air pollution control limits for existing primary copper smelters. MR. JUNIEL: Are there any questions before we move to the oral comment period? GENTLEMAN I: correction. I I I I I I would like to make one The smelter that is being closed is in Gila County, not Pinal County, unless you guys have moved - unless they moved the boundaries on me, the old Kennicott Building. MR. JUNIEL: MS. PELLA: You're correct, the old Kennicott You're correct. Thank you for Are there any other questions? (No response. ) M R . JUNIEL: If not, this concludes the I II bringing that to our attention. MR. JUNIEL: I I You're correct. smelter in North Hayden. I I question I C E R T I F I C A T E B E I T KNOWN t h a t I , O l i v i a Armenta, CCR # 5 0 4 1 1 , took the foregoing public hearing pursuant t o notice a t t h e t i m e and p l a c e s t a t e d i n t h e c a p t i o n h e r e t o ; I I w a s t h e n a n d t h e r e a C e r t i f i e d C o u r t R e p o r t e r i n and f o r t h e County of Pima, S t a t e of A r i z o n a ; pages contain a f u l l , I that I I my n o t e s of and t h e foregoing t r u e a n d a c c u r a t e t r a n s c r i p t i o n of I I said public hearing. D a t e d t h i s 7 t h d a y o f May 2 0 0 2 . I .--.._ ___ q-.--- O L I V I A ARMENTA, CCR # 5 0 4 r I Part A.2.6 Draft Notice of Final Rulemaking Public hearings for this rule were held on April 23,2002, and April 24,2002 (See Appendix A.2, Part A.2.1 through A.2.5 for information regarding the proposed rulemaking phase). The Arizona Department of Environmental Quality (ADEQ) has submitted the rule to the Governor's Regulatory Review Council (GRRC) for consideration of approval, the final step in the rulemaking process. ADEQ anticipates submittal ofthe approved final rule to the U.S. Environmental Protection Agency by late summer 2002. NOTICE O F FINAL RULEMAKING TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL PREAMBLE 1. 2. Sections Affected rule ma kin^ Action R18-2-715 Amend R18-2-715.01 Amend The specific authority for the rulemaking, including both the authorizing statute beneral) and the statutes the rules are implementing (specific): Authorizing and implementing statutes: A.R.S. 3. $5 49-104(A)(1 I), 49-404,49-425, and 49-426 The effective date of the rules: Date filed with the Secretary of State 4. List of all previous notices appearing in the register addressing the proposed rules: Notice of Rulemaking Docket Opening: 8 A.A.R. 1111, March 15,2002 Notice of Proposed Rulemaking: 8 A.A.R. 1179, March 22,2002 5. The name and address of agency personnel with whom persons may communicate regarding- the rule ma kin^: Name: Mark Lewandowski Address: ADEQ, 3033 North Central Avenue Phoenix, Arizona 850 12-2809 Telephone Number: (602) 207-2230. If you are outside the (602) area code dial l(800) 2345677, and ask for the extension. Fax Number: 6. (602) 207-2366 An explanation of the rules, including- the agency's reasons for initiating- the rules: Summary. The Arizona Department of Environmental Quality has finalized reductions in emission limits applicable to two copper smelters: one located in Hayden, Gila County, and one located in Miami, Gila County. The rules set a lower level of allowed emissions for each smelter. Because of measured exceedances of the national ambient air quality standards for sulfur dioxide Hayden-Miami NFRM; 51 13102+ 1 (SO,), both the Hayden and the Miami areas were designated nonattainment for SO, in 1979. The emissions limits that were previously in R18-2-715 were adopted in 1979 as a means of lowering stack emissions of SO, from the smelters. Because R18-2-715 will be a control measure for the air quality State Implementation and Maintenance Plans (SIPS) for the Hayden and Miami SO, nonattainment areas, updated air quality impact analyses were performed for both smelters. These analyses demonstrate future air quality protection based on current and expected future operation levels. The new limits finalized in R18-2-7 15 demonstrate that the smelters are not expected to cause or contribute to a violation of the national ambient air quality standards for SO,. For the Hayden smelter, the rule incorporates lower SO, stack emission limits and adds new limits for fugitive emissions. For the Miami smelter, the rule incorporates lower SO, stack emission limits and includes an overall combined limit for stack and fugitive sources. The rule revisions for the Miami smelter correspond to limits already contained in the facility's permit. The new limits for both the Hayden and Miami smelters also required minor changes to the compliance and monitoring provisions in R18-2-7 15.01. Additional amendments to R18-2-7 15 were made to update the rule by removing those sections with emissions limits for smelters that are no longer operating. The rule sections removed were: R18-271 5(F)(3) for the defunct copper smelter of ASARCO, Inc., Ray Mines Division in Hayden, Pinal County; R18-2-7 15(F)(5)for the defunct copper smelter of Phelps Dodge Corporation,New Cornelia Branch in Ajo, Pima County; and R18-2-7 15(F)(6) for the defunct copper smelter of Phelps Dodge Corporation, Morenci Branch in Morenci, Greenlee County. 7. A reference to any study that the a ~ e n c vrelied on its evaluation of or iustification for the final rules and where the public may obtain or review the study, all data underlying each study. any analysis of the study and other supporting material: Not Applicable 8. A showing of pood 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 the state: Not Applicable Hayden-Miami NFRM; 511 3102+ 9. The summary of the economic. small business, and consumer impact: This rule is primarily a source-specific rulemaking pertaining to the smelter located in Hayden, Gila County, and the smelter located in Miami, Gila County. The Hayden smelter is currently owned and operated by ASARCO Incorporated. The Miami smelter is currently owned and operated by Phelps Dodge Corporation. The Hayden and Miami facilities are classified as major sources for sulfur dioxide and both areas are designated as nonattainment for sulfur dioxide. This rule incorporates lower emissions limits for sulfur dioxide applicable to both smelters. Subsequent to codification of the rule in 1979, numerous improvements have been implemented at the smelters. ASARCO representatives indicated that more than $123,000,000 was spent in upgrading and rebuilding the facility since 1983 for various reasons, includingreplacing outdated and worn out equipment and introducing more efficient technology. The changes include improved emissions collection systems, process and control technology, as well as implementation of an improved data collection, record-keeping, and reporting infrastructure. Similar improvements at the Miami facility are reported by Phelps Dodge representatives to have cost more than $100,000,000. The current rule revisions are not expected to result in significant additional costs to either smelter. As previously explained, expenditures for emissions collection and control technology have already been incurred and are not attributed to the current rulemaking. No additional labor needs will be generated by the rule. The new emission limits may, however, require updates of the existing data collection, record-keeping, and reporting infrastructure. Representatives of the ASARCO smelter at Hayden report an estimated one-time expenditure of $5,000 to $10,000 for computer software. Similar data collection and reporting upgrades at the Miami smelter are estimated by representatives of Phelps Dodge to also be a one-time expenditure, at a cost of $4,000 to $6,000. The exemption of steam generation from the counting of SO2 emissions in R18-2-7 15.01(T) and (U) will not have an economic impact on sources since emissions from steam generation, including limits on S02, are already covered under R18-2-703. The Arizona Department of Environmental Quality does not anticipate that the rule changes applicable to the closed smelters will have any substantive economic impact. In all cases, the local Hayden-Miami NFRM; 511 3102+ 3 citizens may benefit because of lower social costs associated with improved air quality. Impact on Small Business. A.R.S. $ 41-1055(B)(5) requires agencies to state the probable impact of a rulemaking on small businesses. A.R.S. $41-1035 requires agencies to reduce the impact of a rule on small businesses by using certain methods when they are legal and feasible in meeting the statutory objectives for the rulemaking. "Small business" is defined in A.R.S. $ 41-1001 as "a concern, including its affiliates, which is independently owned and operated, which is not dominant in its field and which employs fewer than one hundred full-time employees or which had gross annual receipts of less than four million dollars in its last fiscal year. For purposes of a specific rule, an agency may define small business to include more persons ifit finds that such a definition is necessary to adapt the rule to the needs and problems of small businesses and organizations." Based on the number and size of Arizona copper smelters, ADEQ has determined that this rule does not impact any small businesses. 10. A description of the c h a n-~ e sbetween the proposed rules, including supplemental notices, and final rules: The only changes made between the proposed rule and the rule submitted to the Council were in R18-27 15(F)(2) and (G)(2), and R18-2-7 15.01(T) and (U). The changes are shown below with strike out (strike out) and underline. R18-2-715. Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements A. No change B. No change C. No change D. No change E. No change F. Except as provided in a consent decree or a delayed compliance order, the owner or operator of any primary copper smelter shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from any stack required to be monitored by R18-2-7 15.01(K) in excess ofthe following: Hayden-Miami NFRM; 511 3102+ 4 1. For the copper smelter located near San Manuel, Arizona at latitude 32'36'58"N and longitude 1 10°37'19"W: a. Annual average emissions, as calculated under R18-2-715.01(C), shall not exceed 1,742 pounds per hour. b. The number of three-hour average emissions, as calculated under R18-2-7 15.O 1(C), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period as defined in R18-2-7 15.01(J): 2. For the copper smelter located near Hayden, Arizona at latitude 33 " 0' 29" N and longitude 110" 47' 17" W: Hayden-Miami NFRM; 511 3102+ a. Annual average emissions, as calculated under R18-2-7 15.01(C), shall not exceed 7666 6882 pounds per hour. b. The number ofthree-hour average emissions, as calculatedunder R18-2-715.01 (C), shall not exceed n cumulative occurrences in excess ofE, the emission level, shown in the following table in any compliance period as defined in R18-2-715.01(J): iI 3. n, Cumulative Occurrences E, (Iblhr) I I For the copper smelter located near Miami, Arizona at latitude 33" 24' 50" N and longitude 110" 51' 25" W: Hayden-Miami NFRM; 5113102+ 6 a. Annual average emissions, as calculated under R18-2-7 15.01(C), shall not exceed 604 pounds per hour. b. The number of three-hour average emissions, as calculated under R18-271 5.01(C), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period as defined in R18-2-715.01(5): n, Cumulative I G, Occurrences I I I Except as provided in a consent decree or a delayed compliance order, the owner or operator of the Hayden-Miami NFRM; 511 3102+ 7 copper smelters listed below shall not discharge or cause the discharge of fugitive sulfur dioxide into the atmosphere in excess of the following: 1. For the copper smelter located near San Manuel, Arizona at latitude 32O36'58"N and longitude 110°37'19"W: a. Annual average emissions calculated under R18-2-7 15.01(R) shall not exceed 7 15 pounds per hour for converter roof fugitive emissions; and b. The number of three-hour average emissions for converter roof fugitive emissions, calculated under R18-2-7 15.01(R) shall not exceed n cumulative occurrences in excess of E , the emission level, shown in the following table in any compliance period as defined in R18-2-7 15.01(R)(8): I / Hayden-Miami NFRM; 511 3102-t n, Cumulative I (lblhr) 2. For the copper smelter located near Hayden, Arizona at latitude 33 " 0' 29"N and longitude 110" 47' 17"W, annual average fugitive emissions calculatedunderR18-2-7 15.01(T) shall not exceed 582 295 pounds per hour. H. In addition to the limits in subsection (F)(3), except as provided in a consent decree or a delayed compliance order, the owner or operator of the copper smelter located near Miami, Arizona at latitude 33 "24' 50"N and longitude 110" 5 1' 25"W shallnot discharge or cause the discharge of sulfur dioxide into the atmosphere from combined stack and fugitive emissions units in excess of the 2420 pounds per hour annual average calculated under R18-2-7 15.01(U). R18-2-715.01. Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring A. No change B. No change C. No change D. No change E. No change F. No change G. No change H. No change I. No change J. No change K. No change L. No change M. No change N No change 0. No change P. No change Q. No change R. No change S. No change Hayden-Miami NFRM; 5/13102+ T. The emission limit in R18-2-715(G)(2) applies to the total of uncaptured fugitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not emissions due solely to the use of fuel for space heating or steam generation. The owner or operator shall determinecompliance with the emission limit contained in R18-2-7 15(G)(2)as follows: 1. The owner or operator shall calculate annual average fugitive emissions at the end of the last day of each month by averaging the monthly emissions for the previous 12-month period ending on that day.oT- . . determine monthly fugitive emissions, the owner or operator shall perform material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter. 2. An annual emissions average in excess of the allowable annual average emission limit h . . m r h k m d v i o l a t e s R18-2-7 15(G)(2) if the fugitive annual average computed at the end of each month exceeds the allowable annual average emission limit. U. The emission limit in R18-2-7 15(H) applies to the total of stack and uncaptured fugitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not emissions due solely to the use of fuel for space heating or steam generation. The owner or operator shall determine compliance with the emission limit contained in R18-2-715(H) as follows: 1. The owner or operator shall calculate annual average stack emissions at the end of the last day of each month by averaging the emissions for all hours measured during the previous 12month period ending on that day according to the requirements contained in subsection (K). 2. The owner or operator shall calculate annual average fugitive emissions at the end ofthe last day of each month by averaging the monthly emissions for the previous 12-month period ending on that day. T o . . monthly fugitive emissions, the owner or operator shall perform material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter. 3. An annual emissions average in excess of the allowable annual average emission limit iPi4 . . mwk&rmd violates R18-2-7 15(H) if the total of the stack and fugitive annual averages computed at the end of each month exceeds the allowable annual average emission limit. 11. - A summary of the principal comments and the agency response to them: ADEQ received one comment letter from ASARCO Inc. on the proposed rule. Hayden-Miami NFRM; 511 3/02+ Comment 1: The limits proposed in the rule were based on an air quality impact analysis that used recent calculated emission levels for the smelter. Since the time of the proposed rule, ASARCO completed a more detailed analysis of the methods of calculating certain emissions for the facility than the analysis used to calculate emission limits in the proposedrule. The original analysis did not reflect the process modifications completed since 1998. ASARCO has found that due to process modifications at the smelter, aportion ofthe smelter's emissions were overestimated in the original assessment. The company requested specific lower emission limits in R18-2-715(F)(2) and in R18-2-715(G)(2) to reflect the updated analysis. Response 1: ADEQ has reviewed the information provided by the company and agrees that because of process modifications and improvements to emission controls at the smelter an update of the calculation method and subsequent emission limits is necessary. ADEQ has, therefore, included the requested reduced emission limits in R18-2-715(F)(2) and R18-2-715(G)(2). 12. Any other matters prescribed by statute that are applicable to the specific agency or to any specific rule or class of rules: Not Applicable 13. Incorporations by reference and their location in the rules: None 14. Were the rules ~reviouslyadopted as emergency rules? No 15. - The full text of the ~ u l e follows: s Hayden-Miami NFRM; 511 3102+ TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY AIR POLLUTION CONTROL ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS Section R18-2-7 15. Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements R18-2-715.01 Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring Hayden-Miami NFRM; 511 3102+ ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS R18-2-715. Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements A. No change B. No change C. No change 1. 2. No change a. No change b. No change No change D. No change E. No change F. 1. No change 2. No change Except as provided in a consent decree or a delayed compliance order, the owner or operator of any primary copper smelter shall not discharge or cause the discharge of sulfur disxide into the atmosphere from any stack required to be monitored by R18-2-715.01(K) in excess ofthe following: 1. For the copper smelter located near San Manuel, Arizona at latitude 32'36'58"N and longitude 110°37'19"W: a. Annual average emissions, as calculated under R18-2-7 15.01(C), shall not exceed 1,742 pounds per hour. b. The number of three-hour average emissions, as calculated under R18-2-7 15.01(C), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period as defined in R18-2-715.01(5): ----me.---.- -.-.~ 1 n, i Cumulative i LI.*"Occurrences -.s----.,-,. -' ....-.*.-..-.w 0 Hayden-Miami NFRM; 5113102+ i 1 --"---.-a E, (lblhr) $ -.-*<--.-" 9803 13 ! -". ." 2. ., For the copper smelter located near Havden, Arizona at latitude 33" 0' 29" N and longitude 110" 47' 17" W: a. Annual average emissions, as calculated pummn30 under R18-2-715.01(C) though @, shall not exceed !3$3+ 6,882 pounds per hour. b. The number ofthree-hour average emissions, as calculated^ under R18- 2-7 15.01(C) fhmgh@),shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any complianceperiod as defined I 1 n: Cumulative 3 f 58 :i--=m-"7w Occurrences -----&-----a Hayden-Miami NFRM; 511 3/02+ .- --- E, (lblhr) --we*,-, 14 -. 1 " -- ----- -,"-' I rr'rrrr-*d Hayden-Miami NFRM; 511 3102+ 15 4 3. . For the copper smelter . . . . . located near Miami, Arizona at latitude 33" 24' 50" N and longitude 110" 5 1' 25" W: a. calculated^ under R18-2-7 15.01(C) +-hm&@j,shall not exceed 3$3 604pounds per hour. b. The number of34mm three-hour average emissions,as calculated pursumt Annual average emissions, as to under R18-2-7 15.01(C) m, shall not exceed n cumulative occurrences in excess ofE, the emission level, shown in the following table in any compliance period as defined in R18-2-7 15.01(5): - 1 Hayden-Miami NFRM; 511 3102+ L (lblhr) 16 1I 5 a-. b: Hayden-Miami NFRM; 511 3102+ 17 Hayden-Miami NFRM; 511 3/02+ 18 G. Except as provided in a consent decree or a delayed compliance order, the owner or operator of the 0 copper mmkr e I 11 o?-riinii d smelters listed below shall not discharge or cause the discharge of fugitive sulfur dioxide into the atmosphere in excess of the following: 1. For the covver smelter located near San Manuel, Arizona at latitude 32'36'58"N and lonpitude 110°37'19"W: Annual average emissions calculatedunder Rl8-2-715.01 (R) shall not exceed 7 15 pounds per hour for converter roof fugitive emissions; and 2rb. The number ofthree-hour average emissions for converter roof fugitive emissions, calculated under R18-2-7 15.01(R) shall not exceed n cumulative occurrences in excess of E , the emission level, shown in the following table in any compliance period as defined in R18-2-715.01@{RM8): n, Cumulative Hayden-Miami NFRM; 5113102+ 19 2. For the copper smelter located near Havden, Arizona at latitude 33 " 0' 29"N and longitude 110" 47' 17"W, annual average fugitive emissions calculatedunder R18-2-7 15.01(T) shall not excked 295 pounds per hour. H. - In addition to the limits in subsection (F)(3). except as provided in a consent decree or a delayed compliance order, the owner or operator of the copper smelter located near Miami, Arizona at latitude 33 "24' 50"N and longitude 110" 5 1' 25"W shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from combined stack and fugitive emissions units in excess ofthe 2420 pounds per hour annual average calculated under R18-2-715.01(U). Standards of Performance for Existing Primary Copper Smelters; Compliance R18-2-715.01. and Monitoring A. The cumulative occurrence and emission limits in R18-2-7 15(F) apply to the total of sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not uncaptured fugitive emissions ~ O J - emissions due solely to the use of fuel for space heating or steam generation. B. The owner or operator shall include periods of malfunction, startup, shutdown or other upset conditions when determining compliance with the cumulative occurrence or annual average emission limits in R18-2-7 15(F), or (G), or (H). C. The owner or operator shall determine compliance with the cumulative occurrence and emission limits contained in R18-2-715(F) as follows: 1. The owner or operator shall calculate annual average emissions at the end of each day by Hayden-Miami NFRM; 511 3/02+ 20 averaging the emissions for all hours measured during the compliance period defined in subsection (J) ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2-715(F) if either: a. The annual average is greater than the annual average computed for the preceding day; or b. The annual averages computed for the five preceding days all exceed the allowable annual average emission limitpndl 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements in subsection (K). D. For purposes ofthis Section, the compliance date, unless otherwise provided in a consent decree or a delayed compliance order, shall be January 14, 1986, except that; 1. - the The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(l) and R18-2-715(G)(l) ad-@j is January 1 5 , 2 0 0 2 r A 2. The comvliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(2), (F)(3), (G)(2), and (H) is the effective date of this rule. E. For purposes of subsection (C), a three-hour emissions average in excess of an emission level E violates the associated cumulative occurrence limit n listed in R18-2-715(F) if 1. The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and 2. The average is calculated during the last operating day of the compliance period being reported. F. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level E on the day containing the last hour in the average. G. Multiple violations of the same cumulative occurrence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation ofRl8-2-7 15(F). H. The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of R18-2-715(F). I. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages Hayden-Miami NFRM; 511 3102+ 21 containing any common hour constitutes a single violation of R18-2-7 15(F). J. To determine compliance with subsections (C) through (I), the compliance period consists ofthe 365 calendar days immediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day ofthe compliance period shall be increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process. K. To determine compliance with R18-2-715(F) or (H), the owner or operator of any smelter subject to R18-2-715(F) or (H) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in each stack that could emit five percent or more of the allowable annual average sulfur dioxide emissions from the smelter. 1. The owner or operator shall continuously monitor sulfur dioxide concentrationsand stack gas volumetric flow rates in the outlet of each piece of sulfur dioxide control equipment. 2. The owner or operator shall continuously monitor captured fugitive emissions for sulfur dioxide concentrations and stack gas volumetric flow rates and include these emissions as part of total plant emissions when determining compliance with the cumulative occurrence and emission limits in R18-2-7 15(F) and (H). 3. If the owner or operator demonstrates to the Director that measurement of stack gas volumetric flow in the outlet of any particular piece of sulfur dioxide control equipment would yield inaccurate results once operational or would be technologically infeasible, then the Director may allow measurement of the flow rate at an alternative sampling point. 4. For purposes of this subsection, continuous monitoring means the taking and recording of at least one measurement ofsulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack, outlet, or other approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. An hour of smelter emissions is considered continuously monitored if the emissions from all monitored stacks, outlets, or other approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection. 5. The owner or operator shall demonstrate that the continuous monitoring systemmeets all of Hayden-Miami NFRM; 511 3/02+ 22 the following requirements: a. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the requirements of40 CFR 60, Appendix B, Performance Specification 6. b. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the quality assurance requirements of 40 CFR 60, Appendix F. c. The owner or operator shall notify the Director in writing at least 30 days in advance of the start of 7 relative accuracy test audit (RATA) procedures performed on the continuous monitoring system. d. The Director shall approve the location of all sampling points for monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in writing before installation and operation of measurement instruments. e. The measurement system installed and used under this subsection is subject to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case specifications or recommendations shall be followed. The owner or operator shall make available a record of these procedures that clearly shows instrument readings before and after zero adjustment and calibration. L. The owner or operator of a smelter subject to this Section shall measure at least 95 percent of the hours during which emissions occurred in any month. M. % Failure of the owner or operator of a smelter subject to this Section shdl measure any 12 consecutive hours of emissions according to the requirements of subsection (K) or (S) is a violation of this Section. N. The owner or operator of any smelter subject to this Section shall maintain on hand and ready for immediate installation sufficient spare parts or duplicate systems for the continuous monitoring equipment required by this Section to allow for the replacement within six hours of any monitoring equipment part that fails or malfunctions during operation. 0. To determine total overall emissions, the owner or operator of any smelter subject to this Section shall Hayden-Miami NFRM; 5113/02+ 23 perform material balances for sulfur according to the procedures prescribed by Appendix 8 of this Chapter. P. The owner or operator of any smelter subject to this Section shall maintain a record of all average hourly emissions measurements and all calculated average monthly emissions required by this Section. The record of the emissions shall be retained for at least five years following the date of measurement or calculation. The owner or operator shall record the measurement or calculation results as pounds per hour of sulfur dioxide. The owner or operator shall summarize the following data monthly and submit them the summary to the Director within 20 days after the end of each month: 1. For all periods described in subsection (C) and (R), the annual average emissions as calculated at the end of each day of the month; 2. The total number ofhourly periods during the month in which measurements were not taken and the reason for loss of measurement for each period; 3. The number of three-hour emissions averages that exceeded each of the applicable emissions levels listed in R18-2-7 15(F) and (G)(l)(b) for the compliance periods ending on each day of the month being reported; 4. The date on which a cumulative occurrence limit listed in R18-2-715(F) or (G)(l)(b) was exceeded if the exceedance occurred during the month being reported: & 5. For all periods described in subsection (T) and (U), the annual average emissions as calculated at the end of the last day of each month. Q. An owner or operator shall install instrumentation to monitor each point in the smelter facility where a means exists to bypass the sulfur removal equipment, to detect and record all periods that the bypass is in operation. An owner or operator of a copper smelter shall report to the Director, not later than the 15th day of each month, the recorded information required by this Section, including an explanation for the necessity of the use of the bypass. R. The owner or operator shall determine compliance with the cumulative occurrence and fugitive emission limits contained in R18-2-715(G)(1) and+!j as follows: 1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emissions for all hours measured during the compliance period, as defined in subsection (R)(8), ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2-7 15(G)(l)(a) if either: Hayden-Miami NFRM; 511 3102+ 24 a. The annual average is greater than the annual average computed for the preceding day; or b. The annual averages computed for the five preceding days all exceed the allowable annual average emission limit. 2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements contained in subsection (S). 3. For purposes of subsection (R)(2), a three-hour emissions average in excess of an emission level E,violates the associated cumulative occurrence limit n listed in R18-2-715(G)@)Il)(b) if: a. The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and b. The average is calculated during the last operating day of the compliance period being reported. 4. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level E, on the day containing the last hour in the average. 5. Multiple violations ofthe same cumulative occurrence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation of Rl8-2-715(G)@j[l)(b). 6, The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of R18-2-7 15(G)U. 7. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitutes a single violation of Rl8-2-715(G)tzl)lI)(b). 8. To determine compliance with subsections (R)(1) through (7), the compliance period consists of the 365 calendar days immediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes ofthis section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process. Hayden-Miami NFRM; 511 3102+ 25 S. To determine compliance with R18-2-715(G)(l) and+!), the owner or operator of any the smelter subject to R18-2-715(G)(1) md+3) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations of the converter roof fugitive emissions. 1. For purposes ofthis subsection, continuous monitoring means the taking and recording of at least one measurement of sulfur dioxide concentration from an approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. An hour of smelter emissions is considered continuously monitored if the emissions from all approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection. 2. The owner or operator of a smelter subject to the requirements of this subsection shall conduct quality assurance procedures on the continuous monitoring system according to the methods in 40 CFR 60, Appendix F, except that an annual relative accuracy test audit (RATA) is not required. T. - The emission limit in R18-2-715(G)(2) applies to the total of uncaptured fugitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment. but not emissions due solely to the use of fuel for space heating or steam generation. The owner or operator shall determine complia~lcewith the emission limit contained in R18-2-715(G)(2) as follows: 1. - The owner or operator shall calculate annual average fugitive emissions at the end ofthe last day of each month by averaging the monthlv emissions for the previous 12-month period ending on that dav. To determine monthly fupitive emissions, the owner or operator shall perform material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter. 2. - An annual emissions average in excess of the allowable annual average emission limit violates R18-2-7 15(G)(2) ifthe fugitive annual average computed at the end of each month exceeds the allowable annual average emission limit. U. - The emission limit in R18-2-7 15(H) applies to the total of stack anduncaptured hgitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not emissions due solely to the use of fuel for space heating or steam peneration. The owner or operator shall determine compliance with the emission limit contained in R18-2-715(H) as follows: 1. The owner or operator shall calculate annual averape stack emissions at the end of the last Hayden-Miami NFRM; 511 3/02+ 26 day of each month by averaging the emissions for all hours measured during the previous 12month period ending on that day according to the requirements contained in subsection (K). 2. The owner or operator shall calculate annual average fugitive emissions at the end of the last day of each month by averaging the monthly emissions for the previous 12-month period ending on that day. To determine monthlv fugitive emissions, the owner or operator shall perfonn material balances for sulfur accord in^ to the sulfur balance procedures prescribed in Appendix 8 of this Chauter. 3. An annual emissions average in excess of the allowable annual average emission limit violates R18-2-715(H) ifthe total ofthe stack and fugitive annual averages computed at the end of each month exceeds the allowable annual average emission limit. Hayden-Miami NFRM; 511 3102-F Section A.3 ADEQ - Air Quality Division Organization Chart Arizona Departrner~tof Environmental Quallty Air Quality Dlvision Air Assessment Section (continued) -January 2002 - SpeGlal Appllcallons 24610 I Rae SI Hodire Govlnlrrn GI SR 0580 'Mark Hubble Ev Pglls.Spac Uacanl Bv Pym Spec SlAPlF APIF Gr 20 Unll Arizona Department of Environmental Qualily Alr Quality Dlvislon January 2002 - - Plannlng Section 25100 8-7 0886 2375 Gr 23 Theresa Pella Ev Pgrn Mgr S/A/AP 0672 1363 Mollle Larnolne Admln Sec II 4486 G r 13 -- FIS 2335 Gr 22 A 8-5 0684 David Lillie Econornls~111 2339 Gr 22 - I Fund & Prolacl Managemenl Team SIP B, Program Develapmenl Unll . 25210 Sherrl Zendrl Ev Pgm Spv Mohan Toopal EV Consulianl II Gr 22 EV Pgm Spec A I 'SIP Taa~rr Rules Team 25220 25230 Sondra Francis PBPSII J - Oeborrali Marllnkovlc Ev P ~ r Spec n I Gr 20 Mark Lewandowskl OEQ Ev Rules Spec Gr 21 Dena Konopka Ev P Q I Spec ~ Gf 20 A Vdcanl EtIS II SlAlAP 0892 , Vacant C a l l ~ a r i n eJordan Planner 11 EHS II 0674 _ Arrdra Juniei Gr 19 FIA 4417 Bruce Frledl Ev Pgm Spec Gr 20 Quailly A r l r o n a ~ e p a r t m e n of t Envlronrnenlal Alr Quality D l v i s l o n -January 2002 - Permits S e c l l o n 26100 I 0313 Prabhal Bhargava Ev Porn Mgr PE AP - OY35 Barbara Dennle Admin Assl I AP 2329 Gr 23 0936 2320 Gr 13 -- Shirley Gaertner 2207 Gr 17 RBSAII AP New Source Unit Exlaling Source & General Perrnll Unil 26510 20610 8-7 0828 Eric Massey Ev P g ~ nSpv Vacanl Ev Pym Spv AP GI 22 Admin Sec 1 - 26520 0619 2334 Gr 21 S 0610 Trevor' Bagglore Ev E i l ~ Spec 0743 Mark Hajduk Ev Eng Spec SID AP 2337 G , SR AP 2317 Gr 21 Exlsllng Source & Goneral Permlt Slaff 26620 -{TI Barbara Sprongl Ev Eng Spec SlU Sunil Varmp Ev Eng Spec 2322 Gr 21 08YQ -- lmran Eajwa Ev Eng Spec; . 4402 G i 20 AP AP 0927 8-6 1234 Va~anl Sl Gov lnlern 0898 2321 Gr 21 AP Francls Udoh Ev Erlg Spec -- Gr 22 Priscilla Begay Admin Sec I Gr 12 New Source Review Stan Paul Babonis Ev Eng Spec < 0896 2336 Gr 21 AP Navoen Savarlrayarl , Ev Eng Spac 2285 Gr 21 Ev Eng Spec Gr 21 Zigang Fang Ev Eng S l ~ e c Gr 21 0614 Vdcanl Ev Eng S p e ~ Gr 21 AP I Sh.udelsl~Mahadev Ev t-nc~Spec Gr 21 028 1 Balall Valdyanalha~i Ev Eng Speo 4627 Gr 21 I-H 1065 2332 G I 91 Rana Kazernnle Ev Eng Spec Alexander Wood Ev Eny Spec AP !- tioda ' ~ a z e m l Ev Eng Spec Gr 21 AP 1 Arizona Department of Environmental Quality Air Quality Dlvlslon - Jatiuary 2002 Secllan 27100 Compliance Cdthy O'Connall Ev Pym hlgr ,2328 0885 . Gr Admin Assl l Ev Porn Spec 13 GI 7J) A? 0622 Roslla Sllder Adrrun Sec I1 - 2342 Or 13 AP r I Vacant EYPorn Spv PerlormancelTesl CEMTeam 27250 1166 T r d ~ yNeal €u Pgni Spec Gr 20 0392 4653 Gr M _ Wayne Hunt Ev Eng Spec F 2327 Gr 21 AP I 0389 Dl& Harnlllon Ev tny Spec Steve Rose 0919 4537 F~~~~ oQrmnn~~-~ t v En0 Spec Gr 21 -- - 0924 Frank Keena EHS II AP13 AP 1 0922 0915 14drlln Landls Ev En0 Spec AP 0813 Gdllloo Gullerrar Ev Eng 5 p e ~ AP 0933 2328 Gr 21 4537 Gr 21 4495 Gr 21 4493 GI 19 LynnOn 4494 EHS II SID Or 19 AP APPENDIX B Emissions Inventory Section B. 1 Section B.2 Miami Smelter Emissions Inventory Area and Mobile Source Emissions Inventory Section B.1 Miami Smelter Emissions Inventory Appendix B.1: Phelps Dodge Miami Smelter - 2000 Emissions Inventory Section B.2 Area and Mobile Source Emissions Inventory A p ~ e n d i xB.2: Area and Mobile SO, Projections for the Miami SO, Nonattainment Area Area and mobile source emissions fiom the 1999EPANational Emission Trends (NET) inventory report were used to project emissions for the Miami area. Although the 1996record is the latest available quality assured inventory based on actual emissions, estimates for 1999 are also available. The 1999 county aggregate emissions record is calculatedbased on economic growth activity. The 1999inventory for Gila County listed SO, emissions from area and mobile sources at 482 tpy. Table 1presents the 1999 NET emissions for Gila County. Table 1: Gila County Area and Mobile Source Emissions (tpy) 1999 Area I Fuel Comb. Industrial - Coal 1 l6 1 I Fuel Comb. Industrial - Oil 1 2 1 I Fuel Comb. Industrial - Gas I Fuel Comb. Other - Commercial/Institutional Oil I Fuel Comb. Other - Residential Wood I Fuel Comb. Other Residential Other I Waste Dis~osaland Recycling - Incineration - < l I I 1 4 1 I