Ariz. Admin. Code § 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 a permit required by this Chapter,
applicants shall complete the applicable standard application form provided by
the Director and supply all information required by the form's filing
instructions. The application forms and filing instructions for Class I Permits
shall at a minimum require submission of the following elements:
1. Identifying information, including company
name and address (or plant name and address if different from the company
name), owner's name and agent, and telephone number and names of plant site
manager/contact.
2. A description
of the source's processes and products (by Standard Industrial Classification
(SIC) Code), including those associated with any proposed alternative operating
scenarios (AOS) identified by the source.
3. The following emission-related
information:
a. All emissions of pollutants
for which the source is major, and all emissions of regulated air pollutants. A
permit application shall describe all emissions of regulated air pollutants
emitted from any emissions unit, except as otherwise provided in
R18-2-304(F)(8) .
The Director shall require additional information related to the emissions of
air pollutants sufficient to verify which requirements are applicable to the
source, and other information necessary to collect any permit fees owed under
R18-2-326.
b. Identification and description of all
points of emissions described in subsection (B)(3)(a) of this section in
sufficient detail to establish the basis for fees and applicability of
requirements.
c. Emissions rate in
tons per year (tpy) and in such terms as are necessary to establish compliance
consistent with the applicable standard reference test method. For emissions
units subject to an annual emissions cap, tpy can be reported as part of the
aggregate emissions associated with the cap, except where more specific
information is needed, including where necessary to determine and/or assure
compliance with an applicable requirement.
d. The following information to the extent it
is needed to determine or regulate emissions: fuels, fuel use, raw materials,
production rates, and operating schedules.
e. Identification and description of air
pollution control equipment and compliance monitoring devices or
activities.
f. Limitations on
source operation affecting emissions or any work practice standards, where
applicable, for all regulated pollutants at the Class I source.
g. Other information required by any
applicable requirement (including information related to stack height
limitations in
R18-2-332).
h. Calculations on which the information in
subsections (B)(3)(a) through (g) of this section is based.
4. The following air pollution
control requirements:
a. Citation and
description of all applicable requirements, and
b. Description of or reference to any
applicable test method for determining compliance with each applicable
requirement.
5. Other
specific information that may be necessary to implement and enforce other
applicable requirements or to determine the applicability of such
requirements.
6. An explanation of
any proposed exemptions from otherwise applicable requirements.
7. Additional information as determined to be
necessary by the Director to define proposed AOS identified by the source
pursuant to
R18-2-306(A)(11)
or to define permit terms and conditions implementing any AOS under
R18-2-306(A)(11)
or implementing
R18-2-317,
R18-2-306(A)(12),
R18-2-306(A)(14),
or R18-2-306.02 . The permit
application shall include documentation demonstrating that the source has
obtained all authorizations required under the applicable requirements relevant
to any proposed AOS, or a certification that the source has submitted all
relevant materials to the Director for obtaining such authorizations.
8. A compliance plan for all Class I sources
that contains all of the following:
a. A
description of the compliance status of the source with respect to all
applicable requirements.
b. A
description as follows:
i. 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 the permit term, a statement that the source will meet
such requirements on a timely basis.
iii. For requirements for which the source is
not in compliance at the time of permit issuance, a narrative description of
how the source will achieve compliance with such requirements.
iv. For applicable requirements associated
with a proposed AOS, a statement that the source will meet such requirements
upon implementation of the AOS. If a proposed AOS would implicate an applicable
requirement that will become effective during the permit term, a statement that
the source will meet such requirements on a timely basis.
c. A compliance schedule as follows:
i. 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 the 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.
iii. 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 requirements
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.
iv. For applicable
requirements associated with a proposed AOS, a statement that the source will
meet such requirements upon implementation of the AOS. If a proposed AOS would
implicate an applicable requirement that will become effective during the
permit term, a statement that the source will meet such requirements on a
timely basis. A statement that the source will meet, in a timely manner,
applicable requirements that become effective during the permit term will
satisfy this provision, unless a more detailed schedule is expressly required
by the applicable requirement.
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.
e. The compliance plan content requirements
specified in subsection (B)(8) 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 with regard to
the schedule and methods the source will use to achieve compliance with the
acid rain emissions limitations.
9. Requirements for compliance certification,
including the following:
a. A certification of
compliance with all applicable requirements by a responsible official, which
shall include:
i. Identification of the
applicable requirement that is the basis of the certification;
ii. The method used for determining the
compliance status of the source, including a description of monitoring,
record-keeping, and reporting requirements and test methods;
iii. The compliance status; and
iv. Such other facts as the Director may
require;
b. A schedule
for submission of compliance certifications during the permit term, to be
submitted no less frequently than annually, or more frequently if specified by
the underlying applicable requirement or by the permitting authority;
c. A statement indicating the source's
compliance status with any applicable enhanced monitoring and compliance
certification requirements of the Act; and
d. A certification of truth, accuracy, and
completeness pursuant to
R18-2-304(I).
10. The use of
nationally-standardized forms for acid rain portions of permit applications and
compliance plans, as required by regulations promulgated under title IV of the
act.
C. 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 II 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 following:
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; and
4. A proposed emission
limitation, control, or other requirement that meets the requirements of
R18-2-306.01 or
R18-2-306.02 .
1. For a source, that becomes subject to the
permit program as a result of a change in regulation and not as a result of
construction or a physical or operational change, one that is submitted within
12 months after the source becomes subject to the permit program.
2. For purposes of permit renewal, a timely
application is one that is submitted at least six months, but not more than 18
months, prior to the date of permit expiration.
3. Any source under
R18-2-326(A)(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.
F. A complete
application shall comply with all of the following:
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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.
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5. If a
source wishes to voluntarily enter into an emissions limitation, control, or
other requirement pursuant to
R18-2-306.01, the source shall
describe that emissions limitation, control, or other requirement in its
application, along with proposed associated monitoring, recordkeeping, and
reporting requirements necessary to demonstrate that the emissions limitation,
control, or other requirement is permanent, quantifiable, and otherwise
enforceable as a practical matter.
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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 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.
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10. The Director is not in disagreement with a notice
of confidentiality submitted with the application pursuant to A.R.S. §
49-432.
1. To be complete, an application shall
provide all information required by subsection (B) (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 Class II permit to a Class I permit. A
responsible official shall certify the submitted information consistent with
subsection (I) (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 permit
revision shall contain an assessment of the applicability of Minor New Source
Review requirements in
R18-2-334 . If the applicant
determines that the proposed new source is subject to
R18-2-334, or the proposed permit
revision constitutes a Minor NSR Modification, then the application shall
comply with all applicable requirements of
R18-2-334 .
4.
An application for a new permit or a permit revision
shall contain an assessment of the applicability of the requirements
established under Article 17 of this Chapter. If the applicant determines that
the proposed new source permit or permit revision is subject to the
requirements of Article 17 of this Chapter, the application shall comply with
all applicable requirements of that Article.
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 action on that
application, the Director may request such information in writing and set a
reasonable deadline for a response. Except for minor permit revisions as set
forth in R18-2-319, a source's ability to
continue operating without a permit, as set forth in subsection (JK), shall be in effect from the date the
application is determined to be complete until the final permit is issued,
provided that the applicant submits any requested additional information by the
deadline specified by the Director.
7. The completeness determination shall not
apply to revisions processed through the minor permit revision
process.
8. Activities which are
insignificant pursuant to the definition of insignificant activities in
R18-2-101 shall be listed in the
application. Except as necessary to complete the assessment required by
subsection (F)(2) or (3), the application need not provide emissions data
regarding insignificant activities. If the Director determines that an activity
listed as insignificant does not meet the requirements of the definition of
insignificant activities in
R18-2-101 or that emissions data
for the activity is required to complete the assessment required by subsection
(F)(2) or (3), the Director shall notify the applicant in writing and specify
additional information required.
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 (F).
b. Except for
revisions qualifying as administrative or minor under
R18-2-318 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 affected states, and if applicable, other notification
requirements of
R18-2-402(D)(2)
and R18-2-410(C)(2).
d. For Class I and II permits, the conditions
of the permit shall require compliance with all applicable
requirements.
e. For permits for
which an application is required to be submitted to the Administrator under
R18-2-307(A), and
to which the Administrator has properly objected to its issuance in writing
within 45 days of receipt of the proposed final 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 within 45 days of receipt.
f. 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 II permit that contains voluntary emission limitations, controls, or
other requirements established pursuant to
R18-2-306.01, the Director shall
have complied with the requirement of
R18-2-306.01(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. 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.
Notes
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