Ariz. Admin. Code § R18-2-402 - General
A. The
preconstruction review requirements of this Article shall apply to the
construction of any new major source or any project at an existing major
source.
B. The requirements of
R18-2-403 through
R18-2-410 apply to the
construction of any new major source or any major modification of any existing
major source, except as this Article otherwise provides.
C. No person shall begin actual construction
of a new major source or a major modification subject to the requirements of
R18-2-403 through
R18-2-410 without first obtaining
a proposed final permit from the Director, pursuant to
R18-2-307(A)(2),
stating that the major source or major modification shall meet those
requirements.
D. The requirements
of this Article apply to projects at major sources in accordance with the
following principles.
1. Except as otherwise
provided in subsection (E), a project is a major modification for a regulated
NSR pollutant if it causes both a significant emissions increase and a
significant net emissions increase. The project is not a major modification if
it does not cause a significant emissions increase. If the project causes a
significant emissions increase, then the project is a major modification only
if it also results in a significant net emissions increase.
2. The procedure for calculating before
beginning actual construction whether a significant emissions increase will
occur depends upon the types of emissions units being modified as set forth in
subsections (D)(3) through (6). The procedure for calculating before beginning
actual construction whether a significant net emissions increase will occur at
the major source is set forth in the definition of net emissions increase in
R18-2-101 . Regardless of any such
preconstruction projections, a major modification results if the project causes
a significant emissions increase and a significant net emissions
increase.
3.
Actual-to-projected-actual applicability test for projects that only involve
existing emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
projected actual emissions and the baseline actual emissions, for each existing
emissions unit, equals or exceeds the significant amount for that
pollutant.
4. Actual-to-potential
applicability test for projects that only involve new emissions units. A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the potential to emit from each new
emissions unit following completion of the project and the baseline actual
emissions of these units before the project equals or exceeds the significant
amount for that pollutant.
5.
[Reserved.]
6. Hybrid applicability
test for projects that involve both new emissions units and existing emissions
units. A significant emissions increase of a regulated NSR pollutant is
projected to occur if the sum of the emissions increases for each emissions
unit, using the method specified in subsections (D)(3) through (D)(4), as
applicable with respect to each emissions unit, equals or exceeds the
significant amount for that pollutant.
E. Any major source with a PAL for a
regulated NSR pollutant shall comply with
R18-2-412.
F. This subsection applies with respect to
any regulated NSR pollutant emitted from projects at existing emissions units
at a major stationary source (other than projects at a source with a PAL) in
circumstances where there is a reasonable possibility, within the meaning of
subsection (F)(6), that a project that is not a part of a major modification
may result in a significant emissions increase of such pollutant and the owner
or operator elects to use the method specified in
R18-2-401(23)(b)(i) through
(iv) of the definition of projected actual
emissions for calculating projected actual emissions.
1. Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
a. A description of the
project;
b. Identification of the
emissions unit(s) with emissions of a regulated NSR pollutant that could be
affected by the project;
c. A
description of the applicability test used to determine that the project is not
a major modification for any regulated NSR pollutant, including the baseline
actual emissions, the projected actual emissions the amount of emissions
excluded under
R18-2-401(23)(b)(iv)
of the definition of projected actual
emissions, and an explanation for why such amount was excluded; and
d. Any netting calculations, if
applicable.
2. If the
emissions unit is an existing electric utility steam generating unit, before
beginning actual construction, the owner or operator shall provide a copy of
the information set out in subsection (F)(1) to the Director. Nothing in this
subsection shall be construed to require the owner or operator of such a unit
to obtain any determination from the Director before beginning actual
construction.
3. The owner or
operator shall monitor the emissions of any regulated NSR pollutant that could
increase as a result of the project and that is emitted by any emissions unit
identified in subsection (F)(1)(b); and calculate and maintain a record of the
annual emissions, in tons per year on a calendar year basis, for a period of
five years following resumption of regular operations after the change, or for
a period of 10 years following resumption of regular operations after the
change if the project increases the design capacity or potential to emit of
that regulated NSR pollutant at such emissions unit. For purposes of this
subsection, fugitive emissions (to the extent quantifiable) shall be monitored
if the emissions unit is part of a section 302(j) category or if the emissions
unit is located at a major stationary source that belongs to a section 302(j)
category.
4. The owner or operator
shall submit a report to the Director if for a calendar year the annual
emissions, in tons per year, from the project identified in subsection (F)(1)
exceed the sum of the baseline actual emissions, as documented and maintained
under subsection (F)(1)(c), by a significant amount for that regulated NSR
pollutant, and if the emissions differ from the precon-struction projection as
documented and maintained under subsection (F)(1)(c). The owner or operator
shall submit the report to the Director within 60 days after the end of the
calendar year. The report shall contain the following:
a. The name, address and telephone number of
the major source;
b. The annual
emissions as calculated pursuant to subsection (F)(3); and
c. Any other information that the owner or
operator wishes to include in the report, such as an explanation as to why the
emissions differ from the preconstruction projection.
5. Notwithstanding subsection (F)(4), if any
existing emissions unit identified in subsection (F)(1)(b) is an electric
utility steam generating unit, the owner or operator shall submit a report to
the Director within 60 days after the end of each calendar year during which
the owner or operator must generate records under subsection (F)(3). The report
shall document the unit's post-project annual emissions during the calendar
year that preceded submission of the report.
6. A "reasonable possibility" under
subsection (F) occurs when the owner or operator calculates the project to
result in one of the following:
a. A projected
actual emissions increase of at least 50% of the amount that is a significant
emissions increase (without reference to the amount that is a significant net
emissions increase) for the regulated NSR pollutant.
b. A projected actual emissions increase
that, added to the amount of emissions excluded under subsection
R18-2-401(23)(b)(iv)
of the definition of projected actual emissions, sums to at least 50% of the
amount that is a significant emissions increase (without reference to the
amount that is a significant net emissions increase) for the regulated NSR
pollutant. For a project for which a reasonable possibility occurs only within
the meaning of subsection (F)(6)(b), and not also within the meaning of
subsection (F)(6)(a), subsections (F)(2) through (5) do not apply to the
project.
7. The owner or
operator of the source shall make the information required to be documented and
maintained under subsection (F) available for review upon request for
inspection by the Department or the general public.
G. An application for a permit or permit
revision under this Article, other than a PAL permit pursuant to
R18-2-412, shall not be considered
complete unless the application demonstrates that:
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8. The new major source
or major modification will not have an adverse impact on visibility, as
determined according to
R18-2-410.
1. The requirements in subsection (H) are
met;
2. The more stringent of the
applicable new source performance standards or the existing source performance
standards in Article 7 of this Chapter are applied to the proposed new major
source or major modification of a major source;
3. The visibility requirements contained in
R18-2-410 are satisfied;
4. All applicable provisions of Article 3 of
this Chapter are met;
5. The new
major source or major modification will be in compliance with whatever emission
limitation, design, equipment, work practice or operational standard, or
combination thereof is applicable to the source or modification. The degree of
emission limitation required for control of any pollutant under this Article
shall not be affected in any manner by:
a.
Stack height in excess of GEP stack height except as provided in
R18-2-332; or
b. Any other dispersion technique, unless
implemented prior to December 31, 1970;
6. The new major source or major modification
will not exceed the applicable standards for hazardous air pollutants contained
in this Chapter;
7. The new major
source or major modification will not exceed the limitations, if applicable, on
emission from nonpoint sources contained in Article 6 of this Chapter;
8.
A stationary source that will emit five or more tons
of lead per year will not violate the ambient air quality standards for lead
contained in R18-2-206 ;
H. Except for assessing air quality impacts
within federal Class I areas, the air impact analysis required to be conducted
as part of a permit application shall initially consider only the geographical
area located within a 50 kilometer radius from the point of greatest emissions
for the new major source or major modification. The Director, on his own
initiative or upon receipt of written notice from any person shall have the
right at any time to request an enlargement of the geographical area for which
an air quality impact analysis is to be performed by giving the person applying
for the permit or permit revision written notice thereof, specifying the
enlarged radius to be so considered. In performing an air impact analysis for
any geographical area with a radius of more than 50 kilometers, the person
applying for the permit or permit revision may use monitoring or modeling data
obtained from major sources having comparable emissions or having emissions
which are capable of being accurately used in such demonstration, and which are
subjected to terrain and atmospheric stability conditions which are comparable
or which may be extrapolated with reasonable accuracy for use in such
demonstration.
I. The Director
shall comply with following requirements with respect to an application for a
permit or permit revision subject to this Article:
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3. A copy of any notice required by
R18-2-330 and subsection (I)(2)(c)
shall be sent to the permit applicant, to the Administrator, and to the
following officials and agencies having cognizance over the location where the
proposed major source or major modification would occur:
1. Within 60 days after receipt of the
application, or any addition to the application, the Director shall advise the
applicant of any deficiency. The date of receipt of a complete application
shall be, for the purpose of this Section, the date on which the Director
receives all required information. The permit application shall not be deemed
complete if the Director fails to meet the requirements of this
subsection.
2. Within one year
after receipt of a complete application, the Director shall do all of the
following:
a. Make a preliminary
determination as to whether the permit or permit revision should be granted or
denied.
b. Make the application,
all materials the applicant submitted, the preliminary determination, and
materials relating to the application available under
R18-2-330(D).
c. Notify the public of the application, the
preliminary determination and the opportunity for a public hearing and to
submit written comments in accordance with
R18-2-330(C) . In
the case of an application subject to
R18-2-406, the notice shall
include the degree of consumption of the maximum allowable increases allowed
under R18-2-218 that is expected to
occur as a result of emissions from the proposed source or
modification.
d. Take final action
on the application by denying the permit or permit revision or issuing a
proposed final permit or permit revision.
e. Notify the applicant in writing of the
approval or denial and make the notification, comments on the proposed action,
and materials supporting the final action available for public inspection at
the location where materials relating to the proposed action were placed under
R18-2-330(D).
a. The air pollution control officer, if one
exists, for the county wherein the proposed or existing source that is the
subject of the permit or permit revision application is located;
b. The county manager for the county wherein
the proposed or existing source that is the subject of the permit or permit
revision application is located;
c.
The city or town managers of the city or town which contains, and any city or
town the boundaries of which are within 5 miles of, the location of the
proposed or existing source that is the subject of the permit or permit
revision application;
d. Any
regional land use planning agency with authority for land use planning in the
area where the proposed or existing source that is the subject of the permit or
permit revision application is located; and
e. Any state, Federal Land Manager, or Indian
governing body whose lands may be affected by emissions from the proposed
source or modification.
3. The Director shall take final
action on the application within one year of the proper filing of the completed
application. The Director shall notify the applicant in writing of his approval
or denial.
J. The authority to construct and operate a new major
source or major modification under a permit or permit revision issued under
this Article shall terminate if the owner or operator does not commence the
proposed construction or major modification within 18 months of issuance or if,
during the construction or major modification, the owner or operator suspends
work for more than 18 months. The Director may extend the 18-month period upon
a satisfactory showing that an extension is justified. This provision does not
apply to the time period between construction of the approved phases of a
phased construction project; each phase must commence construction within 18
months of the projected and approved commencement date.
Notes
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