TITLE 18. ENVIRONMENTAL QUALITY
CHAPTER 2. DEPARTMENT OF ENVIRONMENTAL QUALITY
AIR POLLUTION CONTROL
Supp. 08-2
ARTICLE 1. GENERAL
Article 1 consisting of Section R9-3-101 renumbered as Article 1, Section R18-2-101 (Supp. 87-3).
Section
R18-2-101. Definitions
R18-2-102. Incorporated Materials
R18-2-103. Applicable Implementation Plan; Savings
ARTICLE 2. AMBIENT AIR QUALITY STANDARDS; AREA DESIGNATIONS; CLASSIFICATIONS
Article 2, consisting of Sections R18-2-201 through R18-2-290, adopted effective August 8, 1991 (Supp. 91-3).
Article 2, consisting of Sections R18-2-201 through R18-2-220, repealed effective August 8, 1991 (Supp. 91-3).
Article 2 consisting of Sections R9-3-201, R9-3-202, R9-3-204 through R9-3-207, and R9-3-215 through R9-3-219 renumbered as Article 2, Sections R18-2-201, R18-2-202, R18-2-204 through R18-2-207, and R18-2-215 through R18-2-219 (Supp. 87-3).
Section
R18-2-201. Particulate matter: PM10 and PM2.5
R18-2-202. Sulfur oxides (sulfur dioxide)
R18-2-203. Ozone: 1-hour standard and 8-hour averaged standard
R18-2-204. Carbon monoxide
R18-2-205. Nitrogen dioxide
R18-2-206. Lead
R18-2-207. Renumbered
R18-2-208. Reserved
R18-2-209. Reserved
R18-2-210. Attainment, Nonattainment, and Unclassifiable Area Designations
R18-2-211. Reserved
R18-2-212. Reserved
R18-2-213. Reserved
R18-2-214. Reserved
R18-2-215. Ambient air quality monitoring methods and procedures
R18-2-216. Interpretation of ambient air quality standards and evaluation of air quality data
R18-2-217. Designation and Classification of Attainment Areas
R18-2-218. Limitation of Pollutants in Classified Attainment Areas
R18-2-219. Violations
R18-2-220. Air pollution emergency episodes
ARTICLE 3. PERMITS AND PERMIT REVISIONS
Article 3, consisting of Sections R9-3-301 through R9-3-332, adopted effective November 15, 1993 (Supp. 93-4).
Article 3, consisting of Sections R9-3-301 through R9-3-319, and R9-3-321 through R9-3-323 repealed effective November 15, 1993 (Supp. 93-4).
Article 3 consisting of Sections R9-3-301 through R9-3-319 and R9-3-321 through R9-3-323 renumbered as Article 3, Sections R18-2-301 through R18-2-319 and R18-2-321 through R18-2-323 (Supp. 87-3).
Section
R18-2-301. Definitions
R18-2-302. Applicability; Classes of Permits
R18-2-302.01. Repealed
R18-2-303. Transition from Installation and Operating Permit Program to Unitary Permit Program
R18-2-304. Permit Application Processing Procedures
R18-2-305. Public Records; Confidentiality
R18-2-306. Permit Contents
R18-2-306.01. Permits Containing Voluntarily Accepted Emission Limitations and Standards
R18-2-306.02. Establishment of an Emissions Cap
R18-2-307. Permit Review by the EPA and Affected States
R18-2-308. Emission Standards and Limitations
R18-2-309. Compliance Plan; Certification
R18-2-310. Affirmative Defenses for Excess Emissions Due to Malfunctions, Startup, and Shutdown
R18-2-310.01. Reporting Requirements
R18-2-311. Test Methods and Procedures
R18-2-312. Performance Tests
R18-2-313. Existing Source Emission Monitoring
R18-2-314. Quality Assurance
R18-2-315. Posting of Permit
R18-2-316. Notice by Building Permit Agencies
R18-2-317. Facility Changes Allowed Without Permit Revisions - Class I
R18-2-317.01. Facility Changes that Require a Permit Revision - Class II
R18-2-317.02. Procedures for Certain Changes that do not Require a Permit Revision - Class II
R18-2-318. Administrative Permit Amendments
R18-2-318.01. Annual Summary Permit Amendments for Class II Permits
R18-2-319. Minor Permit Revisions
R18-2-320. Significant Permit Revisions
R18-2-321. Permit Reopenings; Revocation and Reissuance; Termination
R18-2-322. Permit Renewal and Expiration
R18-2-323. Permit Transfers
R18-2-324. Portable Sources
R18-2-325. Permit Shields
R18-2-326. Fees Related to Individual Permits
R18-2-327. Annual Emissions Inventory Questionnaire
R18-2-328. Conditional Orders
R18-2-329. Permits Containing the Terms and Conditions of Federal Delayed Compliance Orders (DCO) or Consent Decrees
R18-2-330. Public Participation
R18-2-331. Material Permit Conditions
R18-2-332. Stack Height Limitation
R18-2-333. Acid Rain
ARTICLE 4. PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES
Article 4, consisting of Sections R18-2-401 through R18-2-411, adopted effective November 15, 1993 (Supp. 93-4).
Article 4, consisting of Sections R18-2-401 through R18-2-410, renumbered as Article 6, Sections R18-2-601 through R18-2-610 (Supp. 93-4).
Article 4 consisting of Sections R9-3-401 through R9-3-410 renumbered as Article 4, Sections R18-2-401 through R18-2-410 (Supp. 87-3).
Section
R18-2-401. Definitions
R18-2-402. General
R18-2-403. Permits for Sources Located in Nonattainment Areas
R18-2-404. Offset and Net Air Quality Benefit Standards
R18-2-405. Special Rule for Major Sources of VOC or Oxides of Nitrogen in Ozone Nonattainment Areas Classified as Serious or Severe
R18-2-406. Permit Requirements for Sources Located in Attainment and Unclassifiable Areas
R18-2-407. Air Quality Impact Analysis and Monitoring Requirements
R18-2-408. Innovative Control Technology
R18-2-409. Air Quality Models
R18-2-410. Visibility Protection
R18-2-411. Special Rule for Non-operating Sources of Sulfur Dioxide in Sulfur Dioxide Nonattainment Areas
ARTICLE 5. GENERAL PERMITS
Article 5, consisting of Sections R18-2-501 through R18-2-510, adopted effective November 15, 1993 (Supp. 93-4).
Article 5, consisting of Sections R18-2-501 through R18-2-530, renumbered as Article 7, Sections R18-2-701 through R18-2-730 (Supp. 93-4).
Article 5 consisting of Sections R9-3-501 through R9-3-529 renumbered as Article 5, Sections R18-2-501 through R18-2-529 (Supp. 87-3).
Section
R18-2-501. Applicability
R18-2-502. General Permit Development
R18-2-503. Application for Coverage under General Permit
R18-2-504. Public Notice
R18-2-505. General Permit Renewal
R18-2-506. Relationship to Individual Permits
R18-2-507. General Permit Variances
R18-2-508. General Permit Shield
R18-2-509. General Permit Appeals
R18-2-510. Terminations of General Permits and Revocations of Authority to Operate Under a General Permit
R18-2-511. Fees Related to General Permits
R18-2-512. Renumbered
R18-2-513. Renumbered
R18-2-514. Renumbered
R18-2-515. Renumbered
R18-2-515.01. Renumbered
R18-2-515.02. Renumbered
R18-2-516. Renumbered
R18-2-517. Renumbered
R18-2-518. Renumbered
R18-2-519. Renumbered
R18-2-520. Renumbered
R18-2-521. Renumbered
R18-2-522. Renumbered
R18-2-523. Renumbered
R18-2-524. Renumbered
R18-2-525. Renumbered
R18-2-526. Renumbered
R18-2-527. Renumbered
R18-2-528. Renumbered
R18-2-529. Renumbered
R18-2-530. Renumbered
ARTICLE 6. EMISSIONS FROM EXISTING AND NEW NONPOINT SOURCES
Article 6, consisting of Sections R18-2-601 through R18-2-610, renumbered from Article 4, Sections R18-2-401 through R18-2-410 (Supp. 93-4).
Article 6, consisting of Sections R18-2-601 through R18-2-605, renumbered to Article 8, Sections R18-2-801 through R18-2-805 (Supp. 93-4).
Article 6 consisting of Sections R9-3-601 through R9-3-605 renumbered as Article 6, Sections R18-2-601 through R18-2-605 (Supp. 87-3).
Section
R18-2-601. General
R18-2-602. Unlawful Open Burning
R18-2-603. Repealed
R18-2-604. Open Areas, Dry Washes, or Riverbeds
R18-2-605. Roadways and Streets
R18-2-606. Material Handling
R18-2-607. Storage Piles
R18-2-608. Mineral Tailings
R18-2-609. Agricultural Practices
R18-2-610. Definitions for R18-2-611
R16-2-611. Agricultural PM
10
General Permit; Maricopa PM
10
Nonattainment Area and Maricopa County Portion of Area A
R18-2-612. Definitions for R18-2-613
R18-2-613. Yuma PM10 Nonattainment Area; Agricultural Best Management Practices
R18-2-614. Evaluation of Nonpoint Source Emissions
ARTICLE 7. EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS
Article 7 consisting of Sections R18-2-701 through R18-2-730 renumbered from Article 5, Sections R18-2-501 through R18-2-530 (Supp. 93-4).
Article 7 consisting of Sections R18-2-701 through R18-2-709 repealed effective September 26, 1990 (Supp. 90-3).
Article 7 consisting of Sections R9-3-701 through R9-3-709 renumbered as Article 7, Sections R18-2-701 through R18-2-709 (Supp. 87-3).
Section
R18-2-701. Definitions
R18-2-702. General Provisions
R18-2-703. Standards of Performance for Existing Fossil-fuel Fired Steam Generators and General Fuel-burning Equipment
R18-2-704. Standards of Performance for Incinerators
R18-2-705. Standards of Performance for Existing Portland Cement Plants
R18-2-706. Standards of Performance for Existing Nitric Acid Plants
R18-2-707. Standards of Performance for Existing Sulfuric Acid Plants
R18-2-708. Standards of Performance for Existing Asphalt Concrete Plants
R18-2-709. Standards of Performance for Existing Petroleum Refineries
R18-2-710. Standards of Performance for Existing Storage Vessels for Petroleum Liquids
R18-2-711. Standards of Performance for Existing Secondary Lead Smelters
R18-2-712. Standards of Performance for Existing Secondary Brass and Bronze Ingot Production Plants
R18-2-713. Standards of Performance for Existing Iron and Steel Plants
R18-2-714. Standards of Performance for Existing Sewage Treatment Plants
R18-2-715. 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
R18-2-715.02. Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions
R18-2-716. Standards of Performance for Existing Coal Preparation Plants
R18-2-717. Standards of Performance for Steel Plants: Existing Electric Arc Furnaces (EAF)
R18-2-718. Repealed
R18-2-719. Standards of Performance for Existing Stationary Rotating Machinery
R18-2-720. Standards of Performance for Existing Lime Manufacturing Plants
R18-2-721. Standards of Performance for Existing Nonferrous Metals Industry Sources
R18-2-722. Standards of Performance for Existing Gravel or Crushed Stone Processing Plants
R18-2-723. Standards of Performance for Existing Concrete Batch Plants
R18-2-724. Standards of Performance for Fossil-fuel Fired Industrial and Commercial Equipment
R18-2-725. Standards of Performance for Existing Dry Cleaning Plants
R18-2-726. Standards of Performance for Sandblasting Operations
R18-2-727. Standards of Performance for Spray Painting Operations
R18-2-728. Standards of Performance for Existing Ammonium Sulfide Manufacturing Plants
R18-2-729. Standards of Performance for Cotton Gins
R18-3-730. Standards of Performance for Unclassified Sources
R18-2-731. Standards of Performance for Existing Municipal Solid Waste Landfills
R18-2-732. Standards of Performance for Existing Hospital/Medical/Infectious Waste Incinerators
R18-2-733. Incorporation of Federal Standards of Performance for Mercury Emissions from Coal-Fired Electric Steam Generating Units
R18-2-733.01. Additional Mercury Allowance Acquisition Requirements for Coal-Fired Electric Steam Generating Units
R18-2-734. State Standards of Performance for Mercury Emissions from Coal-Fired Electric Steam Generating Units
Table 1. Emission Limitations for Small, Medium, and Large HMIWI
Table 2. Emissions Limitations for Rural HMIWI
ARTICLE 8. EMISSIONS FROM MOBILE SOURCES (NEW AND EXISTING)
Article 8, consisting of Sections R18-2-801 through R18-2-805, renumbered from Article 6, Sections R18-2-601 through R18-2-605 (Supp. 93-4).
Article 8, consisting of Sections R18-2-801 through R18-2-805, renumbered to Article 9, Sections R18-2-901 through R18-2-905 (Supp. 93-4).
Article 8 consisting of Sections R18-2-801 through R18-2-805 adopted effective February 26, 1988.
Former Article 8 consisting of Sections R9-3-801 through R9-3-829, R9-3-831, R9-3-832, R9-3-835 through R9-3-838, R9-3-840 through R9-3-848, and R9-3-857 through R9-3-859 repealed effective February 26, 1988.
Section
R18-2-801. Classification of Mobile Sources
R18-2-802. Off-road Machinery
R18-2-803. Heater-planer Units
R18-2-804. Roadway and Site Cleaning Machinery
R18-2-805. Asphalt or Tar Kettles
ARTICLE 9. NEW SOURCE PERFORMANCE STANDARDS
Article 9, consisting of Sections R18-2-901 through R18-2-905, renumbered from Article 8, Sections R18-2-801 through R18-2-805 (Supp. 93-4).
Article 9, consisting of Sections R18-2-901 through R18-2-905, renumbered to Article 11, Sections R18-2-1101 through R18-2-1105 (Supp. 93-4).
Article 9 consisting of Sections R18-2-901 and R18-2-902 adopted effective February 26, 1988.
Former Article 9 consisting of Sections R9-3-901, R9-3-903 through R9-3-906, R9-3-910, R9-3-913, and R9-3-922 repealed effective February 26, 1988.
Section
R18-2-901. Standards of Performance for New Stationary Sources
R18-2-902. General Provisions
R18-2-903. Standards of Performance for Fossil-fuel Fired Steam Generators
R18-2-904. Standards of Performance for Incinerators
R18-2-905. Standards of Performance for Storage Vessels for Petroleum Liquids
R18-2-906. Repealed
R18-2-907. Reserved
R18-2-908. Reserved
R18-2-909. Reserved
R18-2-910. Repealed
R18-2-911. Reserved
R18-2-912. Reserved
R18-2-913. Repealed
R18-2-914. Reserved
R18-2-915. Reserved
R18-2-916. Reserved
R18-2-917. Reserved
R18-2-918. Reserved
R18-2-919. Reserved
R18-2-920. Reserved
R18-2-921. Reserved
R18-2-922. Repealed
ARTICLE 10. MOTOR VEHICLES: INSPECTIONS AND MAINTENANCE
Former Article 10 consisting of Sections R9-3-1001, R9-3-1003 through R9-3-1013, R9-3-1016 through R9-3-1019, R9-3-1022, R9-3-1023, R9-3-1025 through R9-3-1031 renumbered as Article 10, Sections R18-2-1001, R18-2-1003 through R18-2-1013, R18-2-1016 through R18-2-1019, R18-2-1022, R18-2-1023, and R18-2-1025 through R18-2-1031 effective August 1, 1988.
Section
R18-2-1001. Definitions
R18-2-1002. Reserved
R18-2-1003. Vehicles to be Inspected by the Mandatory Vehicle Emissions Inspection Program
R18-2-1004. Repealed
R18-2-1005. Time of Inspection
R18-2-1006. Emissions Test Procedures
R18-2-1007. Evidence of Meeting State Inspection Requirements
R18-2-1008. Procedure for Issuing Certificates of Waiver
R18-2-1009. Tampering Repair Requirements
R18-2-1010. Low Emissions Tune-up, Emissions and Evaporative System Repair
R18-2-1011. Vehicle Inspection Report
R18-2-1012. Inspection Procedures and Fee
R18-2-1013. Reinspections
R18-2-1014. Repealed
R18-2-1015. Repealed
R18-2-1016. Licensing of Inspectors
R18-2-1017. Inspection of Government Vehicles
R18-2-1018. Certificate of Inspection
R18-2-1019. Fleet Station Procedures and Permits
R18-2-1020. Licensing of Third Party Agents; Issuing Alternative Fuel Certificates
R18-2-1021. Reserved
R18-2-1022. Procedure for Waiving Inspections Due to Technical Difficulties
R18-2-1023. Certificate of Exemption for Out-of-State Vehicles
R18-2-1024. Pilot Program for Roadside Diesel Testing
R18-2-1025. Inspection of Contractor's Equipment and Personnel
R18-2-1026. Inspection of Fleet Stations
R18-2-1027. Registration and Inspection of Emissions Analyzers and Opacity Meters
R18-2-1028. Certification of Users of Registered Analyzers and Analyzer Repair Persons
R18-2-1029. Vehicle Emission Control Devices
R18-2-1030. Visible Emissions; Mobile Sources
R18-2-1031. Standards for Evaluating the Oxidation Efficiency of a Catalytic Converter
Table 1. Dynamometer Loading Table - Annual Tests
Table 2. Emissions Standards - Annual Tests
Table 3. Emissions Standards - Transient Loaded Emissions Tests
Table 4. Transient Driving Cycle
Table 5. Tolerances
Table 6. Repealed
ARTICLE 11. FEDERAL HAZARDOUS AIR POLLUTANTS
Article 11, consisting of Sections R18-2-1101 and R18-2-1102 adopted effective November 15, 1993 (Supp. 93-4).
Article 11 consisting of Sections R18-2-1101 and R18-2-1102 repealed effective September 26, 1990 (Supp. 90-3).
Article 11 consisting of Sections R9-3-1101, R9-3-1102, and Appendices 1 through 11 renumbered as Article 11, Sections R18-2-1101, R18-2-1102, and Appendices 1 through 11 (Supp. 87-3).
Section
R18-2-1101. National Emission Standards for Hazardous Air Pollutants (NESHAPs)
R18-2-1102. General Provisions
ARTICLE 12. EMISSIONS BANK
Article 12, consisting of Sections R18-2-1201 through R18-2-1208, made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1).
Section
R18-2-1201. Definitions
R18-2-1202. Applicability
R18-2-1203. Emissions Bank Administration
R18-2-1204. Credit Generation
R18-2-1205. Credit Certification
R18-2-1206. Credit Utilization
R18-2-1207. Credit Withdrawal
R18-2-1208. Fees
ARTICLE 13. DIESEL CONVERSION GRANT PROGRAM
Article 13, consisting of Sections R18-2-1301 through R18-2-1307, made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2).
Section
R18-2-1301. Definitions
R18-2-1302. Available Funds
R18-2-1303. Eligibility
R18-2-1304. Application Process
R18-2-1305. Application Priority List and Grant Awards
R18-2-1306. Grant Amount
R18-2-1307. Review of Grant Determination
ARTICLE 14. CONFORMITY DETERMINATIONS
Section
R18-2-1401. Definitions
R18-2-1402. Applicability
R18-2-1403. Priority
R18-2-1404. Frequency of Conformity Determinations
R18-2-1405. Consultation
R18-2-1406. Content of Transportation Plans
R18-2-1407. Relationship of Transportation Plan and TIP Conformity with the NEPA Process
R18-2-1408. Fiscal Constraints for Transportation Plans and TIPs
R18-2-1409. Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, and Projects: General
R18-2-1410. Criteria and Procedures: Latest Planning Assumptions
R18-2-1411. Criteria and Procedures: Latest Emissions Model
R18-2-1412. Criteria and Procedures: Consultation
R18-2-1413. Criteria and Procedures: Timely Implementation of TCMs
R18-2-1414. Criteria and Procedures: Currently Conforming Transportation Plan and TIP
R18-2-1415. Criteria and Procedures: Projects from a Plan and TIP
R18-2-1416. Criteria and Procedures: Localized CO and PM
10
Violations (Hot Spots)
R18-2-1417. Criteria and Procedures: Compliance with PM
10
Control Measures
R18-2-1418. Criteria and Procedures: Motor Vehicle Emissions Budget (Transportation Plan)
R18-2-1419. Criteria and Procedures: Motor Vehicle Emissions Budget (TIP)
R18-2-1420. Criteria and Procedures: Motor Vehicle Emissions Budget (Project Not from a Plan and TIP)
R18-2-1421. Criteria and Procedures: Localized CO Violations (Hot Spots) in the Interim and Transitional Periods
R18-2-1422. Criteria and Procedures: Interim and Transitional Period Reductions in Ozone and CO Areas (Transportation Plan)
R18-2-1423. Criteria and Procedures: Interim Period Reductions in Ozone and CO Areas (TIP)
R18-2-1424. Criteria and Procedures: Interim Period Reductions for Ozone and CO Areas (Project Not from a Plan and TIP)
R18-2-1425. Criteria and Procedures: Interim Period Reductions for PM
10
and NO
2
areas (Transportation Plan)
R18-2-1426. Criteria and Procedures: Interim Period Reductions for PM
10
and NO
2
areas (TIP)
R18-2-1427. Criteria and Procedures: Interim Period Reductions for PM
10
and NO
2
areas (Project Not from a Plan and TIP)
R18-2-1428. Transition from the Interim Period to the Control Strategy Period
R18-2-1429. Requirements for Adoption or Approval of Projects by Recipients of Funds Designated under 23 U.S.C. or the Federal Transit Act
R18-2-1430. Procedures for Determining Regional Transportation-related Emissions
R18-2-1431. Procedures for Determining Localized CO and PM
10
Concentrations (Hot-spot Analysis)
R18-2-1432. Using the Motor Vehicle Emissions Budget in the Applicable Implementation Plan or Implementation Plan Submission
R18-2-1433. Enforceability of Design Concept and Scope and Project-level Mitigation and Control Measures
R18-2-1434. Exempt Projects
R18-2-1435. Projects Exempt from Regional Emissions Analyses
R18-2-1436. Special Provisions for Nonattainment Areas which are Not Required to Demonstrate Reasonable Further Progress and Attainment
R18-2-1437. Reserved
R18-2-1438. General Conformity for Federal Actions
ARTICLE 15. FOREST AND RANGE MANAGEMENT BURNS
Article 15, consisting of R18-2-1501 through R18-2-1515, adopted effective October 8, 1996 (Supp. 96-4).
Section
R18-2-1501. Definitions
R18-2-1502. Applicability
R18-2-1503. Annual Registration, Program Evaluation and Planning
R18-2-1504. Prescribed Burn Plan
R18-2-1505. Prescribed Burn Requests and Authorization
R18-2-1506. Smoke Dispersion Evaluation
R18-2-1507. Prescribed Burn Accomplishment; Wildfire Reporting
R18-2-1508. Wildland Fire Use: Plan, Authorization, Monitoring; Interagency Consultation; Status Reporting
R18-2-1509. Emission Reduction Techniques
R18-2-1510. Smoke Management Techniques
R18-2-1511. Monitoring
R18-2-1512. Burner Qualifications
R18-2-1513. Public Notification and Awareness Program; Regional Coordination
R18-2-1514. Surveillance and Enforcement
R18-2-1515. Forms; Electronic Copies; Information Transfers
ARTICLE 16. VISIBILITY; REGIONAL HAZE
Article 16, consisting of Sections R18-2-1601 through R18-2-1606, made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4).
Section
R18-2-1601. Definitions
R18-2-1602. Applicability
R18-2-1603. Certification of Impairment
R18-2-1604. Attribution Analysis; Finding
R18-2-1605. BART Control Analysis; Finding
R18-2-1606. Exemption from BART
R18-2-1607. Reserved
R18-2-1608. Reserved
R18-2-1609. Reserved
R18-2-1610. SO2 Milestones and Backstop Trading Program; Definitions
R18-2-1611. Applicability
R18-2-1612. Pre-trigger Monitoring, Recordkeeping and Reporting
R18-2-1613. Western Backstop SO2 Trading Program Trigger
ARTICLE 17. ARIZONA STATE HAZARDOUS AIR POLLUTANTS PROGRAM
Article 17, consisting of Sections R18-2-1701 through R18-2-1709, made by final rulemaking at 12 A.A.R.1953, effective January 1, 2007 (Supp. 06-2).
Section
R18-2-1701. Definitions
R18-2-1702. Applicability
R18-2-1703. State List of Hazardous Air Pollutants
R18-2-1704. Notice of Types and Amounts of HAPs
R18-2-1705. Modifications; Permits; Permit Revisions
R18-2-1706. Case-by-case HAPRACT Determination
R18-2-1707. Case-by-case AZMACT Determination
R18-2-1708. Risk Management Analyses
R18-2-1709. Periodic Review
Appendix 1. Standard Permit Application Form and Filing Instructions
Appendix 2. Test Methods and Protocols
Appendix 3. Logging
Appendix 4. Reserved
Appendix 5. Repealed
Appendix 6. Repealed
Appendix 7. Repealed
Appendix 8. A8. Procedures for Utilizing the Sulfur Balance Method for Determining Sulfur Emissions
Appendix 9. A9. Monitoring Requirements
Appendix 10. A10. Evaluation of Air Quality Data
Appendix 11. A11. Allowable Particulate Emissions Computations
Appendix 12. A12. Procedures for Determining Ambient Air Concentrations for Hazardous Air Pollutants
ARTICLE 18. CLEAN CAR STANDARDS
Article 18, consisting of Sections R18-2-1801 through R18-2-1812 and Appendix 13, made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2).
Section
R18-2-1801. Definitions
R18-2-1802. Applicability
R18-2-1803. Incorporations by Reference
R18-2-1804. Fleet Average Non-Methane Organic Gas (NMOG) Exhaust Emission Requirements, Reporting, and Compliance
R18-2-1805. Fleet Average Greenhouse Gas Exhaust Emission Requirements, Reporting and Compliance
R18-2-1806. ZEV Sales Requirement
R18-2-1807. ZEV Credit Bank and Reporting
R18-2-1808. Additional Reporting Requirements
R18-2-1809. Warranty Requirements
R18-2-1810. Recalls
R18-2-1811. Inspections and Information Requests
R18-2-1812. Enforcement
Appendix 13. Sections of Title 13, California Code of Regulations Applicable to Arizona for Purposes of Article 18 of this Chapter
ARTICLE 1. GENERAL
R18-2-101. Definitions
In addition to the definitions prescribed in A.R.S. §§ 49-101, 49-401.01, 49-421, 49-471, and 49-541, in this Chapter, unless otherwise specified:
1. "Act" means the Clean Air Act of 1963 (P.L. 88-206; 42 U.S.C. 7401 through 7671q) as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549).
2. "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in subsections (a) through (e).
a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period that precedes the particular date and that is representative of normal source operation. The Director may allow the use of a different time period upon a demonstration that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period.
b. If there is inadequate information to determine actual historical emissions, the Director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
c. For any emissions unit at a Class I source, other than an electric utility steam generating unit in subsection (e), that has not begun normal operations on the particular date, actual emissions shall equal the unit's potential to emit on that date.
d. For any emissions unit at a Class II source that has not begun normal operations on the particular date, actual emissions shall be based on applicable control equipment requirements and projected conditions of operation.
e. For an electric utility steam generating unit (other than a new unit or the replacement of an existing unit), actual emissions of the unit following the physical or operational change shall equal the representative actual annual emissions of the unit, if the source owner or operator maintains and submits to the Director, on an annual basis for a period of five years from the date the unit resumes regular operation, information demonstrating that the physical or operational change did not result in an emissions increase. A longer period, not to exceed 10 years, may be required by the Director if the Director determines the longer period to be more representative of normal source post-change operations.
3. "Administrator" means the Administrator of the United States Environmental Protection Agency.
4. "Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable.
5. "Affected source" means a source that includes one or more units which are subject to emission reduction requirements or limitations under Title IV of the Act.
6. "Affected state" means any state whose air quality may be affected by a source applying for a permit, permit revision, or permit renewal and that is contiguous to Arizona or that is within 50 miles of the permitted source.
7. "Afterburner" means an incinerator installed in the secondary combustion chamber or stack for the purpose of incinerating smoke, fumes, gases, unburned carbon, and other combustible material not consumed during primary combustion.
8. "Air curtain destructor" means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood waste and slash materials in an earthen trench or refractory-lined pit or bin.
9. "Air pollution control equipment" means equipment used to eliminate, reduce or control the emission of air pollutants into the ambient air.
10. "Air quality control region" (AQCR) means an area so designated by the Administrator pursuant to Section 107 of the Act and includes the following regions in Arizona:
a. Maricopa Intrastate Air Quality Control Region which is comprised of the County of Maricopa.
b. Pima Intrastate Air Quality Control Region which is comprised of the County of Pima.
c. Northern Arizona Intrastate Air Quality Control Region which encompasses the counties of Apache, Coconino, Navajo, and Yavapai.
d. Mohave-Yuma Intrastate Air Quality Control Region which encompasses the counties of La Paz, Mohave, and Yuma.
e. Central Arizona Intrastate Air Quality Control Region which encompasses the counties of Gila and Pinal.
f. Southeast Arizona Intrastate Air Quality Control Region which encompasses the counties of Cochise, Graham, Greenlee, and Santa Cruz.
11. "Allowable emissions" means the emission rate of a stationary source calculated using both the maximum rated capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, and the most stringent of the following:
a. The applicable New Source Performance Standards or National Emission Standards for Hazardous Air Pollutants, as contained in Articles 9 or 11 of this Chapter;
b. The applicable existing source performance standard, as approved for the SIP and contained in Article 7 of this Chapter; or,
c. The emissions rate specified in any federally promulgated rule or federally enforceable permit conditions applicable to the state of Arizona.
12. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.
13. "Applicable implementation plan" means those provisions of the state implementation plan approved by the Administrator or a federal implementation plan promulgated in accordance with Title I of the Act.
14. "Applicable requirement" means any of the following:
a. Any federal applicable requirement.
b. Any other requirement established pursuant to this Chapter or A.R.S. Title 49, Chapter 3.
15. "Arizona Testing Manual" means the Arizona Testing Manual for Air Pollutant Emissions.
16. "ASTM" means the American Society for Testing and Materials.
17. "Attainment area" means an area so designated by the Administrator acting pursuant to Section 107 of the Act as having ambient air pollutant concentration equal to or less than national primary or secondary ambient air quality standards for a particular pollutant or pollutants.
18. "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
19. "Best available control technology" (BACT) means an emission limitation, including a visible emissions standard, based on the maximum degree of reduction for each air pollutant listed in R18-2-101(97)(a) which would be emitted from any proposed major source or major modification, taking into account energy, environmental, and economic impact and other costs, determined by the Director in accordance with R18-2-406(A)(4) to be achievable for such source or modification.
20. "Btu" means British thermal unit, which is the quantity of heat required to raise the temperature of one pound of water 1° F.
21. "CFR" means the Code of Federal Regulations, with standard references in this Chapter by Title and Part, so that "40 CFR 51" means "Title 40 of the Code of Federal Regulations, Part 51."
22. "Charge" means the addition of metal bearing materials, scrap, or fluxes to a furnace, converter or refining vessel.
23. "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, that was not in widespread use as of November 15, 1990.
24. "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy - Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology or similar projects funded through appropriations for the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
25. "Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D-388-91, (Classification of Coals by Rank).
26. "Combustion" means the burning of matter.
27. "Commence" means, as applied to construction of a source, or a major modification as defined in Article 4 of this Chapter, that the owner or operator has all necessary preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
b. Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
28. "Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in actual emissions.
29. "Continuous monitoring system" or "continuous emission monitoring system" means the total equipment, required under the emission monitoring provisions in this Chapter, used to sample and, if applicable, to condition, to analyze, and to provide, on a continuous basis, a permanent record of emission or process parameters.
30. "Controlled atmosphere incinerator" means one or more refractory-lined chambers in which complete combustion is promoted by recirculation of gases by mechanical means.
31. "Discharge" means the release or escape of an effluent from a source into the atmosphere.
32. "Dust" means finely divided solid particulate matter occurring naturally or created by mechanical processing, handling or storage of materials in the solid state.
33. "Dust suppressant" means a chemical compound or mixture of chemical compounds added with or without water to a dust source for purposes of preventing air entrainment.
34. "Effluent" means any air contaminant which is emitted and subsequently escapes into the atmosphere.
35. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
36. "Emission" means an air contaminant or gas stream, or the act of discharging an air contaminant or a gas stream, visible or invisible.
37. "Emission standard" or "emission limitation" means a requirement established by the state, a local government, or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
38. "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any regulated air pollutant.
39. "Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated under R18-2-311(D) to have a consistent and quantitatively known relationship to the reference method, under specified conditions.
40. "Excess emissions" means emissions of an air pollutant in excess of an emission standard as measured by the compliance test method applicable to such emission standard.
41. "Existing source" means any source which does not have an applicable new source performance standard under Article 9 of this Chapter.
42. "Federal applicable requirement" means any of the following as they apply to emissions units covered by a Class I or II permit (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates):
a. Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR 52.
b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act.
c. Any standard or other requirement under Section 111 of the Act, including Section 111(d).
d. Any standard or other requirement under Section 112 of the Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Act.
e. Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder and incorporated pursuant to R18-2-333.
f. Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the Act.
g. Any standard or other requirement governing solid waste incineration, under Section 129 of the Act.
h. Any standard or other requirement for consumer and commercial products, under Section 183(e) of the Act.
i. Any standard or other requirement for tank vessels under Section 183(f) of the Act.
j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the Act.
k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit.
l. Any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Act.
43. "Federal Land Manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.
44. "Federally enforceable" means all limitations and conditions which are enforceable by the Administrator under the Act, including all of the following:
a. The requirements of the New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants contained in Articles 9 and 11 of this Chapter;
b. The requirements of such other state or county rules or regulations approved by the Administrator, including the requirements of state and county operating and new source review permit programs that have been approved by the Administrator;
c. The requirements of any applicable implementation plan;
d. Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping, and reporting requirements, which are entered into voluntarily by a source pursuant to R18-2-306.01.
45. "Final permit" means the version of a permit issued by the Department after completion of all review required by this Chapter.
46. "Fixed capital cost" means the capital needed to provide all the depreciable components.
47. "Fuel" means any material which is burned for the purpose of producing energy.
48. "Fuel burning equipment" means any machine, equipment, incinerator, device or other article, except stationary rotating machinery, in which combustion takes place.
49. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
50. "Fume" means solid particulate matter resulting from the condensation and subsequent solidification of vapors of melted solid materials.
51. "Fume incinerator" means a device similar to an afterburner installed for the purpose of incinerating fumes, gases and other finely divided combustible particulate matter not previously burned.
52. "Good engineering practice (GEP) stack height" means a stack height meeting the requirements described in R18-2-332.
53. "Heat input" means the quantity of heat in terms of Btu's generated by fuels fed into the fuel burning equipment under conditions of complete combustion.
54. "Incinerator" means any equipment, machine, device, contrivance or other article, and all appurtenances thereof, used for the combustion of refuse, salvage materials or any other combustible material except fossil fuels, for the purpose of reducing the volume of material.
55. "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.
56. "Indian reservation" means any federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress.
57. "Insignificant activity" means an activity in an emissions unit that is not otherwise subject to any applicable requirement and which belongs to one of the following categories:
a. Landscaping, building maintenance, or janitorial activities.
b. Gasoline storage tanks with capacity of 10,000 gallons or less.
c. Diesel and fuel oil storage tanks with capacity of 40,000 gallons or less.
d. Batch mixers with rated capacity of 5 cubic feet or less.
e. Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose production rate is 200 tons/hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissions units which are used to crush or grind any non-metallic minerals.
f. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass, or wood.
g. Powder coating operations.
h. Internal combustion (IC) engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps used only for emergency replacement or standby service.
i. Lab equipment used exclusively for chemical and physical analyses.
j. Any other activity which the Director determines is not necessary, because of its emissions due to size or production rate, to be included in an application in order to determine all applicable requirements and to calculate any fee under this Chapter.
58. "Kraft pulp mill" means any stationary source which produces pulp from wood by cooking or digesting wood chips in a water solution of sodium hydroxide and sodium sulfide at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.
59. "Lead" means elemental lead or alloys in which the predominant component is lead.
60. "Lime hydrator" means a unit used to produce hydrated lime product.
61. "Lime plant" includes any plant which produces a lime product from limestone by calcination. Hydration of the lime product is also considered to be part of the source.
62. "Lime product" means any product produced by the calcination of limestone.
63. "Major modification" means any physical change or change in the method of operation of a major source that would result in a significant net emissions increase of any regulated air pollutant.
a. Any net emissions increase that is significant for volatile organic compounds is significant for ozone.
b. Any net emissions increase that is significant for oxides of nitrogen is significant for ozone for ozone nonattainment areas classified as marginal, moderate, serious, or severe.
c. For the purposes of this definition the following are not a physical change or change in the method of operation:
i. Routine maintenance, repair, and replacement;
ii. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. 792 - 825r;
iii. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;
iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
v. Use of an alternative fuel or raw material by a stationary source that either:
(1) The source was capable of accommodating before December 12, 1976, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter; or
(2) The source is approved to use under any permit issued under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter.
vi. An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter.
vii. Any change in ownership at a stationary source;
viii. The addition, replacement, or use of a pollution control project at an existing electric utility steam generating unit, unless the Director determines that the addition, replacement, or use renders the unit less environmentally beneficial, or except:
(1) When the Director has reason to believe that the pollution control project would result in a significant net increase in representative actual annual emissions of any criteria pollutant over levels used for that source in the most recent Title I air quality impact analysis in the area, if any, and
(2) The Director determines that the increase will cause or contribute to a violation of any national ambient air quality standard or PSD increment, or visibility limitation;
ix. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with:
(1) The SIP and
(2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated;
x. For electric utility steam generating units located in attainment and unclassifiable areas only, the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the project does not result in an increase in the potential to emit any regulated pollutant emitted by the unit. This exemption applies on a pollutant-by-pollutant basis; and
xi. For electric utility steam generating units located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit.
64. "Major source" means:
a. A major source as defined in R18-2-401.
b. A major source under Section 112 of the Act:
i. For pollutants other than radionuclides, any stationary source that emits or has the potential to emit, in the aggregate, including fugitive emission 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as described in Article 11 of this Chapter. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or
ii. For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.
c. A major stationary source, as defined in Section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant including any major source of fugitive emissions of any such pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the Act, unless the source belongs to one of the following categories of stationary source:
i. Coal cleaning plants (with thermal dryers).
ii. Kraft pulp mills.
iii. Portland cement plants.
iv. Primary zinc smelters.
v. Iron and steel mills.
vi. Primary aluminum ore reduction plants.
vii. Primary copper smelters.
viii. Municipal incinerators capable of charging more than 50 tons of refuse per day.
ix. Hydrofluoric, sulfuric, or nitric acid plants.
x Petroleum refineries.
xi. Lime plants.
xii. Phosphate rock processing plants.
xiii. Coke oven batteries.
xiv. Sulfur recovery plants.
xv. Carbon black plants (furnace process).
xvi. Primary lead smelters.
xvii. Fuel conversion plants.
xviii. Sintering plants.
xix. Secondary metal production plants.
xx. Chemical process plants.
xxi. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input.
xxii. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
xxiii. Taconite ore processing plants.
xxiv. Glass fiber processing plants.
xxv. Charcoal production plants.
xxvi. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
xxvii. Any other stationary source category, which as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.
65. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment or a process to operate in a normal and usual manner, but does not include failures that are caused by poor maintenance, careless operation or any other upset condition or equipment breakdown which could have been prevented by the exercise of reasonable care.
66. "Minor source" means a source of air pollution which is not a major source for the purposes of Article 4 of this Chapter and over which the Director, acting pursuant to A.R.S. § 49-402(B), has asserted jurisdiction.
67. "Minor source baseline area" means the air quality control region in which the source is located.
68. "Monitoring device" means the total equipment, required under the applicable provisions of this Chapter, used to measure and record, if applicable, process parameters.
69. "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on public highways.
70. "Multiple chamber incinerator" means three or more refractory-lined combustion chambers in series, physically separated by refractory walls and interconnected by gas passage ports or ducts.
71. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.
72. "Necessary preconstruction approvals or permits" means those permits or approvals required under the Act and those air quality control laws and rules which are part of the SIP.
73. "Net emissions increase" means:
a. The amount by which the sum of subsections (69)(a)(i) and (ii) exceeds zero:
i. Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and
ii. Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.
b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
i. The date five years before construction on the particular change commences; and
ii. The date that the increase from the particular change occurs.
c. An increase or decrease in actual emissions is creditable only if the Director has not relied on it in issuing a permit, which is in effect when the increase in actual emissions from the particular change occurs. In addition, in nonattainment areas, a decrease in actual emissions shall be considered in determining net emissions increase due to modifications only if the state has not relied on it in demonstrating attainment or reasonable further progress.
d. An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides, or PM
10
which occurs before the applicable baseline date, as described in R18-2-218, is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
e. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
f. A decrease in actual emissions is creditable only to the extent that:
i. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
ii. It is federally enforceable at and after the time that actual construction on the particular change begins;
iii. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and
iv. The emissions unit was actually operated and emitted the specific pollutant.
g. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
74. "New source" means any stationary source of air pollution which is subject to an applicable new source performance standard under Article 9 of this Chapter.
75. "Nitric acid plant" means any facility producing nitric acid 30% to 70% in strength by either the pressure or atmospheric pressure process.
76. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in the Appendices to 40 CFR 60.
77. "Nonattainment area" means an area so designated by the Administrator acting pursuant to Section 107 of the Act as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants.
78. "Nonpoint source" means a source of air contaminants which lacks an identifiable plume or emission point.
79. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
80. "Operation" means any physical or chemical action resulting in the change in location, form, physical properties, or chemical character of a material.
81. "Owner or operator" means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source of which an affected facility is a part.
82. "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
83. "Particulate matter emissions" means all finely divided solid or liquid materials other than uncombined water, emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311.
84. "Pollution control project" means any activity or project undertaken at an existing electric utility steam generating unit to reduce emissions from the unit. The activities or projects are limited to:
a. The installation of conventional or innovative pollution control technology, including advanced flue gas desulfurization, sorbent injection for sulfur dioxide and nitrogen oxides controls, and electrostatic precipitators;
b. An activity or project to accommodate switching to a fuel less polluting than the fuel used before the activity or project, including natural gas or coal reburning, or the co-firing of natural gas and other fuels for the purpose of controlling emissions;
c. A permanent clean coal technology demonstration project conducted under Title II, section 101(d) of the Further Continuing Appropriations Act of 1985 (42 U.S.C. 5903(d), or subsequent appropriations, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency, or
d. A permanent clean coal technology demonstration project that constitutes a repowering project.
85. "PM 2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53.
86. "PM
10
" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40 CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53.
87. "PM
10
emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311.
88. "Plume" means visible effluent.
89. "Pollutant" means an air contaminant the emission or ambient concentration of which is regulated pursuant to this Chapter.
90. "Portable source" means any building, structure, facility, or installation subject to regulation pursuant to A.R.S. § 49-426 which emits or may emit any air pollutant and is capable of being operated at more than one location.
91. "Potential to emit" or "potential emission rate" means the maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable.
92. "Primary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as specified in Article 2 of this Chapter.
93. "Process" means one or more operations, including equipment and technology, used in the production of goods or services or the control of by-products or waste.
94. "Proposed permit" means the version of a permit for which the Director offers public participation under R18-2-330 or affected state review under R18-2-307(D).
95. "Proposed final permit" means the version of a Class I permit that the Department proposes to issue and forwards to the Administrator for review in compliance with R18-2-307(A).
96. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with commencing commercial operations by a coal-fired utility unit after a period of discontinued operation if the unit:
a. Has not been in operation for the two-year period before enactment of the Clean Air Act Amendments of 1990, and the emissions from the unit continue to be carried in the Director's emissions inventory at the time of enactment;
b. Was equipped before shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%;
c. Is equipped with low-NOx burners before commencement of operations following reactivation; and
d. Is otherwise in compliance with the Act.
97. "Reclaiming machinery" means any machine, equipment device or other article used for picking up stored granular material and either depositing this material on a conveyor or reintroducing this material into the process.
98. "Reference method" means the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual; 40 CFR 50, Appendices A through K; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C.
99. "Regulated air pollutant" means any of the following:
a. Any conventional air pollutant as defined in A.R.S. § 49-401.01.
b. Nitrogen oxides and volatile organic compounds.
c. Any air contaminant that is subject to a standard contained in Article 9 of this Chapter.
d. Any hazardous air pollutant as defined in Article 17 of this Chapter.
e. Any Class I or II substance listed in Section 602 of the Act.
100. "Repowering" means:
a. Replacing an existing coal-fired boiler with one of the following clean coal technologies:
i. Atmospheric or pressurized fluidized bed combustion;
ii. Integrated gasification combined cycle;
iii. Magnetohydrodynamics;
iv. Direct and indirect coal-fired turbines;
v. Integrated gasification fuel cells; or
vi. As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative of one or more of the above technologies; and
vii. Any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.
b. Repowering also includes any oil, gas, or oil and gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991, by the United States Department of Energy.
c. The Director shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Act.
101. "Representative actual annual emissions" means the average rate, in tons per year, at which a source is projected to emit a pollutant for the 2-year period after a physical change or change in the method of operation of a unit, (or a different consecutive 2-year period within 10 years after that change, if the Director determines that the different period is more representative of source operations), considering the effect the change will have on increasing or decreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions the Director shall:
a. Consider all relevant information, including historical operational data, the company's representations, filings with Arizona or federal regulatory authorities, and compliance plans under Title IV of the Act; and
b. Exclude, in calculating any increase in emissions that results from the particular physical change or change in the method of operation at an electric utility steam generating unit, that portion of the unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization at the unit unrelated to the particular change, including any increased utilization due to the rate of electricity demand growth for the utility system as a whole.
102. "Run" means the net period of time during which an emission sample is collected, which may be, unless otherwise specified, either intermittent or continuous within the limits of good engineering practice.
103. "Secondary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant, as specified in Article 2 of this Chapter.
104. "Secondary emissions" means emissions which are specific, well defined, quantifiable, occur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
105. "Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for any purpose, except routine phasing out of process equipment.
106. "Significant" means:
a. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
|
Pollutant
|
Emissions Rate
|
|
Carbon monoxide
|
100 tons per year (tpy)
|
|
Nitrogen oxides
|
40 tpy
|
|
Sulfur dioxide
|
40 tpy
|
|
Particulate matter
|
25 tpy
|
|
PM
10
|
15 tpy
|
|
VOC
|
40 tpy
|
|
Lead
|
0.6 tpy
|
|
Fluorides
|
3 tpy
|
|
Sulfuric acid mist
|
7 tpy
|
|
Hydrogen sulfide (H
2
S)
|
10 tpy
|
|
Total reduced sulfur
(including H
2
S)
|
10 tpy
|
|
Reduced sulfur compounds (including H
2
S)
|
10 tpy
|
|
Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)
|
3.5 x 10
-6
tpy
|
|
Municipal waste combustor
metals (measured as particulate matter)
|
15 tpy
|
|
Municipal waste combustor acid gases (measured as sulfur
dioxide and hydrogen chloride)
|
40 tpy
|
|
Municipal solid waste landfill emissions (measured as nonmethane organic compounds)
|
50 tpy
|
b. In ozone nonattainment areas classified as serious or severe, significant emissions of VOC shall be determined under R18-2-405.
c. For a regulated air pollutant that is not listed in subsection (a), is not a Class I or II substance listed in Section 602 of the Act, and is not a hazardous air pollutant according to Article 17 of this Chapter, any emission rate.
d. Notwithstanding the emission amount listed in subsection (a), any emissions rate or any net emissions increase associated with a major source or major modification, which would be constructed within 10 kilometers of a Class I area and have an impact on the ambient air quality of such area equal to or greater than 1 μg/m
3
(24-hour average).
107. "Smoke" means particulate matter resulting from incomplete combustion.
108. "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.
109. "Stack in existence" means that the owner or operator had either:
a. Begun, or caused to begin, a continuous program of physical on-site construction of the stack;
b. Entered into binding agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.
110. "Start-up" means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment.
111. "State implementation plan" (SIP) means the plan adopted by the state of Arizona which provides for implementation, maintenance, and enforcement of such primary and secondary ambient air quality standards as are adopted by the Administrator, pursuant to the Act.
112. "Stationary rotating machinery" means any gas engine, diesel engine, gas turbine, or oil fired turbine operated from a stationary mounting and used for the production of electric power or for the direct drive of other equipment.
113. "Stationary source" means any building, structure, facility or installation subject to regulation pursuant to A.R.S. § 49-426(A) which emits or may emit any air pollutant. "Building," "structure," "facility," or "installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" as described in the "Standard Industrial Classification Manual, 1987."
114. "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosphere.
115. "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project operated for five years or less, and that complies with the SIP and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated.
116. "Temporary source" means a source which is portable, as defined in A.R.S. § 49-401.01(23) and which is not an affected source.
117. "Total reduced sulfur" (TRS) means the sum of the sulfur compounds, primarily hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during kraft pulping and other operations and measured by Method 16 in 40 CFR 60, Appendix A.
118. "Total suspended particulate" (TSP) means particulate matter as measured by the reference method described in 40 CFR 50, Appendix B, plus any particulate matter from fugitive emissions quantified by methods approved by the Director.
119. "Trivial activities" means activities and emissions units, such as the following, that may be omitted from a Class I or Class II permit application. Certain of the following listed activities include qualifying statements intended to exclude similar activities:
a. Combustion emissions from propulsion of mobile sources;
b. Air-conditioning units used for human comfort that do not have applicable requirements under title VI of the Act;
c. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial or commercial process;
d. Non-commercial food preparation;
e. Janitorial services and consumer use of janitorial products;
f. Internal combustion engines used for landscaping purposes;
g. Laundry activities, except for dry-cleaning and steam boilers;
h. Bathroom and toilet vent emissions;
i. Emergency or backup electrical generators at residential locations;
j. Tobacco smoking rooms and areas;
k. Blacksmith forges;
l. Plant maintenance and upkeep activities, including grounds-keeping, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, and paving parking lots, if these activities are not conducted as part of a manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit revision. Cleaning and painting activities qualify as trivial activities if they are not subject to VOC or hazardous air pollutant (HAP) control requirements;
m. Repair or maintenance shop activities not related to the source's primary business activity, not including emissions from surface coating, de-greasing, or solvent metal cleaning activities, and not otherwise triggering a permit revision;
n. Portable electrical generators that can be moved by hand from one location to another. "Moved by hand" means capable of being moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device;
o. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;
p. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that emit HAP metals are insignificant activities based on size or production level thresholds. Brazing, soldering, and welding equipment, and cutting torches directly related to plant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in this definition;
q. Air compressors and pneumatically operated equipment, including hand tools;
r. Batteries and battery charging stations, except at battery manufacturing plants;
s. Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOC or HAP;
t. Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used;
