Ariz. Admin. Code § R18-2-334 - Minor New Source Review
A.
Applicability.
1. Except as provided in
subsection (A)(4), this Section shall apply to the following activities:
a. Construction of any new Class I or Class
II source, including the construction of any source requiring a Class II permit
under R18-2-302.01(C)(4);
or
b. Any minor NSR modification to
a Class I or Class II source.
2. This Section shall apply to a regulated
minor NSR pollutant emitted by a new stationary source subject to this Section,
if the source will have the potential to emit that pollutant at an amount equal
to or greater than the permitting exemption threshold.
3. This Section shall apply to an increase in
emissions of a regulated minor NSR pollutant from a minor NSR modification, if
the modification would increase the source's potential to emit that pollutant
by an amount equal to or greater than the permitting exemption
threshold.
4. This Section shall
not apply to the emissions of a pollutant from any of the activities identified
in this subsection, if the emissions of that pollutant are subject to Article 4
of this Chapter.
B. No
person shall begin actual construction of a new stationary source, or minor NSR
modification, subject to this Section without first obtaining a permit, a
permit revision, a proposed final permit, or a proposed final permit revision
from the Director in accordance with
R18-2-304 .
C The Director shall not issue a proposed
final Class I permit or permit revision or a Class II permit or permit revision
subject to this Section to a person proposing to construct a new source or make
a minor NSR modification unless the source or modification meets one of the
following conditions for each regulated minor NSR pollutant subject to this
section:
1. The owner or operator elects to
implement RACT.
a. In the case of a new
source, the owner or operator shall implement RACT for each emissions unit that
has the potential to emit a regulated minor NSR pollutant in an amount equal to
or greater than 20% of the permitting exemption threshold.
b. In the case of a minor NSR modification,
the owner or operator shall implement RACT for each emissions unit that will
experience an increase in the potential to emit a regulated minor NSR pollutant
equal to or greater than 20% of the permitting exemption threshold.
c. When it is technically feasible and
otherwise consistent with the definition of RACT to apply the same devices,
systems, process modifications, work practices or other apparatus or techniques
to a group of emissions units, that group of emissions units shall be treated
as a single emissions unit for purposes of subsections (C)(1)(a) and (b). The
following are examples of situations to which this subsection (may) apply:
i. Emissions from a group of emissions units
can be vented to a single control device.
ii. A low-VOC coating can be used in several
spray-painting booths.
2. An ambient air quality assessment
demonstrates that emissions from the source or minor NSR modification will not
interfere with attainment or maintenance of a national ambient air quality
standard in any area.
a. An owner or operator
may elect to have the Director perform a screening model of its emissions. If
the results of the screening model indicate that the source or minor NSR
modification will interfere with attainment or maintenance of a national
ambient air quality standard, the owner or operator may perform a more refined
model to make the demonstration required by this subsection.
b. The requirements of this subsection shall
be satisfied, if the results of the screening or more refined model conducted
pursuant to subsection (B)(2)(a) demonstrate either of the following:
i. Ambient concentrations resulting from
emissions from the source or modification combined with existing concentrations
of regulated minor NSR pollutants will not interfere with attainment or
maintenance of a national ambient air quality standard.
ii. Emissions from the source or minor
modification will have an ambient impact below the significance levels as
defined in
R18-2-401.
c. The assessment required by this subsection
shall take into account any limitations, controls or emissions decreases that
are or will be enforceable in the permit or permit revision for the
source.
D.
RACT Determinations.
1. Except as otherwise
provided in this subsection, the Director shall determine RACT on the basis of
a case-by-case analysis performed by the permit applicant of the emission
reduction methods available for each emission unit subject to the RACT
requirement under subsection (C)(1).
2. The Director shall accept a requirement
proposed by a permit applicant as RACT under subsection (C)(1) if it complies
with the most recently adopted of the following guidelines or standards in
effect at the time of the application:
a. A
control technique guideline issued by the Administrator under section 108(f)(1)
of the Act.
b. An emissions
standard established or revised by the Administrator for the same type of
source under section 111 or 112 of the Act after November 15, 1990.
c. An applicable requirement of this Chapter
or of air quality control regulations adopted by a County under A.R.S. §
49-479 that has been specifically
identified as constituting RACT.
d.
A RACT standard imposed on the same type of source by a general
permit.
e. A RACT standard imposed
on the same type of source under this Section no more than 10 years before
submission of the application by the permit applicant. To facilitate
identification of previously imposed RACT standards, the Director shall
establish an online database of RACT determinations made under this
Section.
E.
Notwithstanding an election to adopt RACT under subsection (C)(1), a permit
applicant subject to this Section shall conduct an ambient air quality impact
assessment under subsection (C)(2) upon the Director's request. The Director
shall make such a request, if there is reason to believe that a source or minor
NSR modification could interfere with attainment or maintenance of a national
ambient air quality standards. In making that determination, the Director shall
take into consideration:
1. The source's
emission rates.
2. The location of
emission units within the facility and their proximity to the ambient
air.
3. The terrain in which the
source is or will be located.
4.
The source type.
5. The location
and emissions of nearby sources.
6.
Background concentrations of regulated minor NSR pollutants.
F. The Director shall deny an
application for a Class I permit or permit revision or a Class II permit or
permit revision subject to this Section, if an assessment conducted pursuant to
subsection (C)(2) demonstrates that the source or modification will interfere
with attainment or maintenance of a national ambient air quality standard.
G.
An application for a permit or permit revision
subject to this Section may be processed as a minor permit revision if one of
the following conditions is satisfied for each pollutant subject to subsection
(C):
1.
A RACT standard is imposed under subsection (D)(2)
on each emissions unit that requires such a standard under subsection
(C)(1).
2.
The results of the SCREEN model for a regulated
minor NSR pollutant show expected concentrations, including background
concentrations, that are less than 75% of the applicable standard imposed in
Article 2 of this Chapter.
G. A copy of the notice required by
R18-2-330 for permits or
significant permit revisions subject to this Section must also be sent to the
Administrator through the appropriate regional office, and to all other state
and local air pollution control agencies having jurisdiction in the region in
which the source subject to the permit or permit revision will be located. The
notice also must be sent to any other agency in the region having
responsibility for implementing the procedures required under 40 CFR 51,
Subpart I.
H. All modeling required
pursuant to this Section shall be conducted in accordance with 40 CFR 51,
Appendix W as of June 30, 2017
Notes
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