AQ-2013-005_DRAFTRULES 2015-12-03.PDF

REGULATION I - GENERAL PROVISIONS
RULE 100
GENERAL PROVISIONS AND DEFINITIONS
INDEX
SECTION 100 - GENERAL
101 DECLARATION OF INTENT
102 LEGAL AUTHORITY
103 VALIDITY
104 CIRCUMVENTION
105 RIGHT OF INSPECTION OF PREMISES
106 RIGHT OF INSPECTION OF RECORDS
107 ADVISORY COUNCIL
108 HEARING BOARD
109 ANTI-DEGRADATION
110 AVAILABILITY OF POLLUTION INFORMATION
111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT
112 AVAILABILITY OF INFORMATION
SECTION 200 - DEFINITIONS
200.1 AAC
200.2 ACT
200.3 ACTUAL EMISSIONS
200.4 ADMINISTRATOR
200.5 ADVISORY COUNCIL
200.6 AFFECTED FACILITY
200.7 AFFECTED SOURCE
200.8 AFFECTED STATE
200.9 AIR CONTAMINANT
200.10 AIR POLLUTION
200.11 AIR POLLUTION CONTROL EQUIPMENT
200.12 ALLOWABLE EMISSIONS
200.13 AMBIENT AIR
200.14 AP-42
200.15 APPLICABLE IMPLEMENTATION PLAN
200.16 APPLICABLE REQUIREMENT
200.17 “ARIZONA TESTING MANUAL”
200.17 200.18 APPROVED
200.18 200.19 AREA SOURCE
200.19 200.20 ARS
200.20 200.21 ASME
200.21 200.22 ASTM
200.22 200.23 ATTAINMENT AREA
200.23 200.24 BEGIN ACTUAL CONSTRUCTION
200.24 200.25 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)
200.25 200.26 BRITISH THERMAL UNIT (BTU)
200.26 200.27 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION
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200.28 CATEGORICAL SOURCES
200.27 200.29 CFR
200.28 200.30 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE
200.29 200.31 CLEAN COAL TECHNOLOGY
200.30 200.32 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT
200.31 200.33 COMMENCE
200.32 200.34 COMPLETE
200.33 200.35 CONSTRUCTION
200.36 CONVENTIONAL AIR POLLUTANT
200.34 200.37 CONTROL OFFICER
200.35 200.38 DEPARTMENT
200.36 200.39 DIRECTOR
200.37 200.40 DISCHARGE
200.38 200.41 DIVISION
200.39 200.42 DUST GENERATING OPERATION
200.40 200.43 EFFLUENT
200.41 200.44 ELECTRIC UTILITY STEAM GENERATING UNIT
200.42 200.45 EMISSION STANDARD
200.43 200.46 EMISSIONS UNIT
200.44 200.47 EPA
200.45 200.48 EQUIVALENT METHOD
200.46 200.49 EXCESS EMISSIONS
200.47 200.50 EXISTING SOURCE
200.48 200.51 FACILITY
200.49 200.52 FEDERAL APPLICABLE REQUIREMENT
200.50 200.53 FEDERAL LAND MANAGER
200.51 200.54 FEDERALLY ENFORCEABLE
200.55 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT
200.52 200.56 FINAL PERMIT
200.53 200.57 FUEL OIL
200.54 200.58 FUGITIVE EMISSION
200.59 HAZARDOUS AIR POLLUTANT (HAP)
200.55 200.60 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE CONTROL TECHNOLOGY (HAPRACT)
200.56 200.61 INDIAN GOVERNING BODY
200.57 200.62 INDIAN RESERVATION
200.58 200.63 INSIGNIFICANT ACTIVITY
200.59 200.64 MAJOR MODIFICATION
200.60 200.65 MAJOR SOURCE
200.61 200.66 MAJOR SOURCE THRESHOLD
200.62 200.67 MALFUNCTION
200.63 200.68 MATERIAL PERMIT CONDITION
200.69 MAXIMUM CAPACITY TO EMIT
200.64 200.70 METHOD OF OPERATION
200.71 MINOR NSR MODIFICATION
200.72 MOBILE SOURCE
200.65 200.73 MODIFICATION
200.74 NATIONAL AMBIENT AIR QUALITY STANDARD (NAAQS)
200.66 200.75 NET EMISSIONS INCREASE
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200.67 200.76 NEW SOURCE
200.77 NEW SOURCE PERFORMANCE STANDARDs (NSPS)
200.68 200.78 NITROGEN OXIDES (NOX)
200.69 200.79 NONATTAINMENT AREA
200.70 200.80 NON-PRECURSOR ORGANIC COMPOUND
200.71 200.81 OPEN OUTDOOR FIRE
200.72 200.82 OPERATION
200.73 200.83 ORGANIC COMPOUND
200.74 200.84 ORGANIC LIQUID
200.75 200.85 OWNER AND/OR OPERATOR OWNER OR OPERATOR
200.76 200.86 PARTICULATE MATTER
200.77 200.87 PERMITTING AUTHORITY
200.88 PERMITTING THRESHOLD
200.78 200.89 PERSON
200.79 PHYSICAL CHANGE
200.90 PLANNING AGENCY
200.80 200.91 PM2.5
200.81 200.92 PM10
200.82 200.93 POLLUTANT
200.83 POLLUTION CONTROL PROJECT
200.84 200.94 PORTABLE SOURCE
200.85 200.95 POTENTIAL TO EMIT
200.86 200.96 PROPOSED PERMIT
200.87 200.97 PROPOSED FINAL PERMIT/PROPOSED FINAL PERMIT REVISION
200.98 PUBLIC NOTICE THRESHOLD
200.88 200.99 QUANTIFIABLE
200.89 200.100 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNIT
200.101 REASONABLE FURTHER PROGRESS
200.90 200.102 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)
200.91 200.103 REFERENCE METHOD
200.92 200.104 REGULATED AIR POLLUTANT
200.105 REGULATED MINOR NSR POLLUTANT
200.106 REGULATED NSR POLLUTANT
200.93 200.107 REGULATORY REQUIREMENTS
200.94 200.108 REPLICABLE
200.95 200.109 REPOWERING
200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS
200.97 200.110 RESPONSIBLE OFFICIAL
200.98 200.111 SCHEDULED MAINTENANCE
200.112 SCREENING MODEL
200.113 SECTION 302(J) CATEGORY
200.99 200.114 SIGNIFICANT
200.100 200.115 SOLVENT-BORNE COATING MATERIAL
200.101 200.116 SOURCE
200.102 200.117 SPECIAL INSPECTION WARRANT
200.103 200.118 STANDARD CONDITIONS
200.104 200.119 STATE IMPLEMENTATION PLAN (SIP)
200.105 200.120 STATIONARY SOURCE
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200.121 SUBCONTRACTOR
200.106 200.122 SYNTHETIC MINOR
200.107 200.123 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT
200.108 200.124 TITLE V
200.109 200.125 TOTAL REDUCED SULFUR (TRS)
200.110 200.126 TRADE SECRETS
200.111 200.127 TRIVIAL ACTIVITY
200.112 200.128 UNCLASSIFIED AREA
200.113 200.129 VOLATILE ORGANIC COMPOUND (VOC)
SECTION 300 - STANDARDS
301 AIR POLLUTION PROHIBITED
302 APPLICABILITY OF MULTIPLE RULES
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS
402 CONFIDENTIALITY OF INFORMATION
SECTION 500 - MONITORING AND RECORDS
501 REPORTING REQUIREMENTS
502 DATA REPORTING
503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT
504 RETENTION OF RECORDS
505 ANNUAL EMISSIONS INVENTORY REPORT
Revised 07/13/88
Revised 10/01/90
Revised 06/22/92
Revised 11/16/92
Repealed and Adopted 11/15/93
Revised 02/15/95
Revised 04/03/96
Revised 06/19/96
Revised 03/04/98
Revised 05/20/98
Revised 07/26/00
Revised 03/07/01
Revised 08/22/01
Revised 11/06/02
Revised 03/15/06
Revised 06/06/07
Revised 09/25/13
Revised 07/13/1988; Revised 10/01/1990; Revised 06/22/1992; Revised 11/16/1992; Repealed and Adopted 11/15/1993; Revised
02/15/1995; Revised 04/03/1996; Revised 06/19/1996; Revised 03/04/1998; Revised 05/20/1998; Revised 07/26/2000; Revised
03/07/2001; Revised 08/22/2001; Revised 11/06/2002; Revised 03/15/2006; Revised 06/06/2007; Revised 09/25/2013; Revised
xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION I - GENERAL PROVISIONS
RULE 100
GENERAL PROVISIONS AND DEFINITIONS
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SECTION 100 - GENERAL
101 DECLARATION OF INTENT: The Maricopa County Air Pollution Control Regulations prevent, reduce, control, correct, or
remove regulated air pollutants originating within the territorial limits of Maricopa County and carry out the mandates of Arizona
Revised Statutes (ARS), Title 49-The Environment.
102 LEGAL AUTHORITY: These rules are adopted under the authority granted by ARS §49-479.
103 VALIDITY: If any section, subsection, clause, phrase, or provision of these rules is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion.
104 CIRCUMVENTION: A person shall not build, erect, install, or use any article, machine, equipment, condition, or any
contrivance, the use of which, without resulting in a reduction in the total release of regulated air pollutants to the atmosphere,
conceals or dilutes an emission which would otherwise constitute a violation of these rules. No person shall circumvent these rules
to dilute regulated air pollutants by using more emission openings than is considered normal practice by the industry or activity in
question.
105 RIGHT OF INSPECTION OF PREMISES: The Control Officer, during reasonable hours, for the purpose of enforcing and
administering these rules or any provision of ARS relating to the emission or control prescribed pursuant thereto, may enter every
building, premises, or other place, except the interior of structures used as private residences. In the event that consent to enter for
inspection purposes has been refused or circumstances justify the failure to seek such consent, special inspection warrants may be
issued by a magistrate. Every person is guilty of a petty offense under ARS §49-488 who in any way denies, obstructs, or hampers
such entrance or inspection that is lawfully authorized by warrant.
106 RIGHT OF INSPECTION OF RECORDS: When the Control Officer has reasonable cause to believe that any person has
violated or is in violation of any provision of this rule, any rule adopted under this rule, or any requirement of a permit issued under
this rule, the Control Officer may request, in writing, that such person produce all existing books, records, and other documents
evidencing tests, inspections, or studies which may reasonably relate to compliance or non-compliance with rules adopted under
this rule. No person shall fail nor refuse to produce all existing documents required in such written request by the Control Officer.
107 ADVISORY COUNCIL: An Advisory Council appointed by the Board of Supervisors may advise and consult with the Board of
Supervisors, the Maricopa County Air Quality Department, and the Control Officer in effecting the mandates of ARS Title 49.
108 HEARING BOARD: The Board of Supervisors shall appoint a 5-member hearing board knowledgeable in the field of air
pollution. At least three members shall not have a substantial interest, as defined in ARS §38-502(11), in any person required to
obtain an air pollution permit or subject to enforcement orders issued under these rules. Each member shall serve a term of three
years.
109 ANTI-DEGRADATION: The standards in these rules shall not be construed as permitting the preventable degradation of air
quality in any area of Maricopa County.
110 AVAILABILITY OF POLLUTION INFORMATION: The public shall be informed on a daily basis of average daily
concentration of three pollutants: particulates, carbon monoxide, and ozone. This information shall be disseminated through the
use of electronic media, newspapers, radio, and television. The levels of each pollutant shall be expressed through the use of the
Air Quality Index (AQI) and a written copy of such information shall be made available at the office of the Maricopa County Air
Quality Department, 1001 North N. Central Avenue Ave., Suite 400 125, Phoenix, Arizona, 85004, 602-506-6010.
111 ANNUAL REASONABLE FURTHER PROGRESS (RFP) REPORT: Each year, the department shall prepare or assist in the
preparation of a A report on the progress in implementation of nonattainment area plans. shall be produced by the department each
year. The primary function of the report is to review the implementation schedules for control measures and emission reduction
forecasts in the nonattainment area plans. The annual report will be made available to the public at the offices of Maricopa County
Air Quality Department, 1001 North Central Avenue, Phoenix, Arizona, 85004, 602-506-6010.
112 AVAILABILITY OF INFORMATION: Copies of 40 CFR 51, Subpart A, Appendix A, Table 2A currently enforced by the
department are available electronically at: http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR; at the
Maricopa Air Quality Department, 1001 North N. Central Avenue Ave., Suite 695 125, Phoenix, Arizona, 85004; or call by calling
(602) 506-6010 for information.
SECTION 200 - DEFINITIONS: To aid in the understanding of these rules, the following general definitions are provided. Additional
definitions, as necessary, can be found in each rule of the Maricopa County Air Pollution Control Regulations.
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200.1 AAC: Arizona Administrative Code.
200.2 ACT: The Clean Air Act of 1963 (P.L. 88-206; 42 United States Code sections 7401 through 7671q), as amended by
the Clean Air Act Amendments of 1990 (P.L.101-549). through December 31, 2014 (and no future editions).
200.3 ACTUAL EMISSIONS: The actual rate of emissions of a regulated pollutant from an emissions unit, as
determined in Section 200.3(a) through Section 200.3(e) of this rule:
a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the
emissions unit actually emitted the pollutant during a 2-year consecutive 24-month period that precedes the
particular date and that is representative of normal source operation. The Control Officer may allow the use of a
different time period upon a demonstration determination that it is more representative of normal source operation.
Actual emissions shall be calculated using the emissions 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, then the The Control Officer may
presume that source-specific allowable emissions for the emissions unit are equivalent to the actual emissions of
the emissions unit.
c. For any emissions unit at a Title V source, other than an electric utility steam generating unit described in Section
200.3(e) of this rule 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 Non-Title V 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 and/or operator maintains and submits to the Control Officer 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 Control Officer, if the Control Officer determines the longer period to
be more representative of normal source post-change operations. This definition shall not apply for calculating
whether a significant emissions increase has occurred, or for establishing a PAL. Instead, the definitions of
projected actual emissions and baseline actual emissions in Rule 240 of these rules shall apply for those
purposes.
200.4 ADMINISTRATOR: The Administrator of the United States Environmental Protection Agency.
200.5 ADVISORY COUNCIL: The Maricopa County Air Pollution Control Advisory Council appointed by the Maricopa
County Board of Supervisors.
200.6 AFFECTED FACILITY: With reference to a stationary source, any apparatus to which a standard is applicable.
200.7 AFFECTED SOURCE: A source that includes one or more emissions units which are subject to emission reduction
requirements or limitations under Title IV-Acid Deposition Control of the Act.
200.8 AFFECTED STATE: Any State whose air quality may be affected and that is contiguous to Arizona or that is within
50 miles of the permitted source.
200.9 AIR CONTAMINANT: Includes smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid
mist aerosols, aerosol droplets, odors, particulate matter, windborne matter, radioactive materials, noxious chemicals,
or any other material in the outdoor atmosphere.
200.10 AIR POLLUTION: The presence in the outdoor atmosphere of one or more air contaminants, or combinations
thereof, in sufficient quantities, which either alone or in connection with other substances, by reason of their
concentration and duration, are or tend to be injurious to human, plant, or animal life, or causes damage to property, or
unreasonably interferes with the comfortable enjoyment of life or property of a substantial part of a community, or
obscures visibility, or which in any way degrades the quality of the ambient air below the standards established by the
Board of Supervisors.
200.11 AIR POLLUTION CONTROL EQUIPMENT: Equipment used to eliminate, reduce, or control the emission of air
pollutants into the ambient air.
200.12 ALLOWABLE EMISSIONS: 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 or both) and the most stringent of the following:
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a. The applicable New Source Performance Standards as described in Rule 360 of these rules or the Federal
Hazardous Air Pollutant Program as described in Rule 370 of these rules; standards as set forth in 40 CFR 60 , 61
and 63; or
b. The applicable existing source performance standard as approved for the State Implementation Plan (SIP)
emissions limitations approved into the state implementation plan, including those with a future compliance date;
or
c. The emissions rate specified in any federally promulgated rule or as a federally enforceable permit condition,
including those with a future compliance date.
200.13 AMBIENT AIR: That portion of the atmosphere, external to buildings, to which the general public has access.
200.14 AP-42: The EPA document "Compilation of Air Pollutant Emission Factors," as incorporated by reference in
Appendix G of these rules.
200.15 APPLICABLE IMPLEMENTATION PLAN: Those provisions of the State Implementation Plan (SIP) approved by
the Administrator or a Federal Implementation Plan (FIP) promulgated under for Arizona or any portion of Arizona in
accordance with Title I-Air Pollution Prevention And Control of the Act.
200.16 APPLICABLE REQUIREMENT: Applicable requirement means any of the following:
a. Any federal applicable requirement as defined in Section 200.49 of this rule.
b. Any other requirement established under the Maricopa County Air Pollution Control Regulations or ARS Title 49,
Chapter 3, Articles 1, 3, 7, and 8.
200.17 “ARIZONA TESTING MANUAL”: Sections 1 and 7 of the Arizona Testing Manual for Air Pollutant Emissions
amended as of March 1992 (and no future editions).
200.17 200.18 APPROVED: Approved in writing by the Maricopa County Air Pollution Control Officer.
200.18 200.19 AREA SOURCE: Any stationary source that is not a major source. For purposes of these rules, the term "area source"
shall not include motor vehicles or nonroad vehicles subject to regulation under Title II-Emission Standards For
Moving Sources of the Act.
200.19 200.20 ARS: The Arizona Revised Statutes. The titles of the most frequently used ARS references in these rules are listed
below:
ARS §38-502(11) Public Officers And Employees, Conduct Of Office, Conflict Of Interest Of Officers And
Employees, Definitions, Substantial Interest
ARS Title 49 The Environment
ARS Title 49, Chapter 3 The Environment, Air Quality
ARS Title 49, Chapter 4 The Environment, Solid Waste Management
ARS §49-109 The Environment, General Provisions, Department Of Environmental Quality, Certificate
Of Disclosure Of Violations; Definition; Remedies
ARS §49-401 The Environment, Air Quality, General Provisions, Declaration Of Policy
ARS §49-426 The Environment, Air Quality, State Air Pollution Control, Permits; Duties Of Director;
Exceptions; Applications; Objections; Fees
ARS §49-426.04 The Environment, Air Quality, State Air Pollution Control, State List Of Hazardous Air
Pollutants
ARS §49-426.05 The Environment, Air Quality, State Air Pollution Control, Designation Of Sources Of
Hazardous Air Pollutants
ARS §49-429 The Environment, Air Quality, State Air Pollution Control, Permit Transfers; Notice;
Appeal
ARS §49-464 The Environment, Air Quality, State Air Pollution Control, Violation; Classification;
Penalties; Definition
ARS §49-473 The Environment, Air Quality, County Air Pollution Control, Board Of Supervisors
ARS §49-476.01 The Environment, Air Quality, County Air Pollution Control, Monitoring
ARS §49-478 The Environment, Air Quality, County Air Pollution Control, Hearing Board
ARS §49-480 The Environment, Air Quality, County Air Pollution Control, Permits; Fees
ARS §49-480.03 The Environment, Air Quality, County Air Pollution Control, Federal Hazardous Air
Pollutant Program; Date Specified By Administrator; Prohibition
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ARS §49-480.04 The Environment, Air Quality, County Air Pollution Control, County Program For Control
Of Hazardous Air Pollutants
ARS §49-482 The Environment, Air Quality, County Air Pollution Control, Appeals To Hearing Board
ARS §49-483 The Environment, Air Quality, County Air Pollution Control, Permit Transfers; Notice;
Appeal
ARS §49-487 The Environment, Air Quality, County Air Pollution Control, Classification And Reporting;
Confidentiality Of Records
ARS §49-488 The Environment, Air Quality, County Air Pollution Control, Special Inspection Warrant
ARS §49-490 The Environment, Air Quality, County Air Pollution Control, Hearings On Orders Of
Abatement
ARS §49-498 The Environment, Air Quality, County Air Pollution Control, Notice Of Hearing;
Publication; Service
ARS §49-501 The Environment, Air Quality, County Air Pollution Control, Unlawful Open Burning;
Definition; Exceptions; Fine
ARS §49-511 The Environment, Air Quality, County Air Pollution Control, Violations, Order Of
Abatement
ARS §49-514 The Environment, Air Quality, County Air Pollution Control, Violation; Classification;
Definition
200.20 200.21 ASME: The American Society of Mechanical Engineers.
200.21 200.22 ASTM: The American Society for Testing and Materials.
200.22 200.23 ATTAINMENT AREA: An area so designated by the Administrator, acting under Section 107-Air Quality Control
Regions of the Act, as having ambient air pollutant concentrations equal to or less than national primary or secondary
ambient air quality standards for a particular pollutant or pollutants. Any area in the state that has been identified in
regulations promulgated by the Administrator as being in compliance with national ambient air quality standards.
200.23 200.24 BEGIN ACTUAL CONSTRUCTION: In general, initiation 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, “begin actual construction” refers to those on-site activities, other than preparatory
activities, which mark the initiation of change.
a. For purposes of title I, parts C and D and section 112 of the Act, and for purposes of applicants that require permits
containing limits designed to avoid the application of title I, parts C and D and section 112 of the Act, these
activities include installation of building supports and foundations, laying of underground pipe work, and
construction of permanent storage structures but do not include any of the following, subject to Section 200.24(c)
of this rule:
(1) Clearing and grading, including demolition and removal of existing structures and equipment, stripping and
stockpiling of topsoil.
(2) Installation of access roads, driveways and parking lots.
(3) Installation of ancillary structures, including fences, office buildings and temporary storage structures that
are not a necessary component of an emissions unit or associated air pollution control equipment for which
the permit is required.
(4) Ordering and on-site storage of materials and equipment.
b. For purposes other than those identified in Section 200.24(a) of this rule, these activities do not include any of
the following, subject to Section 200.24(c) of this rule:
(1) Clearing and grading, including demolition and removal of existing structures and equipment, stripping and
stockpiling of topsoil and earthwork cut and fill for foundations.
(2) Installation of access roads, parking lots, driveways and storage areas.
(3) Installation of ancillary structures, including fences, warehouses, storerooms and office buildings, provided
none of these structures impacts the design of any emissions unit or associated air pollution control
equipment.
(4) Ordering and on-site storage of materials and equipment.
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(5) Installation of underground pipework, including water, sewer, electric and telecommunications utilities.
(6) Installation of building and equipment supports, including concrete forms, footers, pilings, foundations,
pads and platforms, provided none of these supports impacts the design of any emissions unit or associated
air pollution control equipment.
c. An applicant’s performance of any activities that are excluded from the definition of “begin actual construction”
under Sections 200.24 (a) or (b) of this rule shall be at the applicant’s risk and shall not reduce the applicant’s
obligations under these rules. The Control Officer shall evaluate an application for a permit or permit revision
and make a decision on the same basis as if the activities allowed under Sections 200.24 (a) or (b) of this rule
had not occurred.
200.24 200.25 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): An emissions limitation, based on the maximum
degree of reduction for each pollutant, subject to regulation under the Act, which would be emitted from any proposed
stationary source or modification, which the Control Officer, on a case-by-case basis, taking into account energy,
environmental, and economic impacts and other costs, determines is achievable for such source or modification through
application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment
or innovative fuel combination techniques for control of such pollutant. Under no circumstances shall BACT be
determined to be less stringent than the emission control required by an applicable provision of these rules or of any
State or Federal laws (“Federal laws” include the EPA approved State Implementation Plan (SIP)). If the Control
Officer determines that technological or economic limitations on the application of measurement methodology to a
particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work
practice, operational standard, or combination thereof may be prescribed instead to satisfy the requirement for the
application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by
implementation of such design, equipment, work practice or operation, and shall provide for compliance by means
which achieve equivalent results.
200.25 200.26 BRITISH THERMAL UNIT (BTU): The quantity of heat required to raise the temperature of one pound of water
one degree Fahrenheit (°F) at 39.1°F.
200.26 200.27 BUILDING, STRUCTURE, FACILITY, OR INSTALLATION: All the pollutant-emitting equipment and
activities that belong to the same industrial grouping, that are located on one or more contiguous or adjacent properties,
and that are under the control of the same person or persons under common control, except the activities of any vessel.
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".
200.28 CATEGORICAL SOURCES: The following classes of sources:
a. Coal cleaning plants with thermal dryers;
b. Kraft pulp mills;
c. Portland cement plants;
d. Primary zinc smelters;
e. Iron and steel mills;
f. Primary aluminum ore reduction plants (with thermal dryers);
g. Primary copper smelters;
h. Municipal incinerators capable of charging more than 50 tons of refuse per day;
i. Hydrofluoric, sulfuric, or nitric acid plants;
j. Petroleum refineries;
k. Lime plants;
l. Phosphate rock processing plants;
m. Coke oven batteries;
n. Sulfur recovery plants;
o. Carbon black plants using the furnace process;
p. Primary lead smelters;
q. Fuel conversion plants;
r. Sintering plants;
s. Secondary metal production plants;
t. Chemical process plants, which shall not include ethanol production facilities that produce ethanol by natural
fermentation included in North American Industry Classification System codes 325193 or 312140;
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u. Fossil-fuel boilers, or combinations thereof, totaling more than 250 million British thermal units (BTU) per hour
heat input;
v. Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels;
w. Taconite ore processing plants;
x. Glass fiber processing plants;
y. Charcoal production plants;
z. Fossil fuel-fired steam electric plants and combined cycle gas turbines of more than 250 million BTU per hour rated
heat input;
aa. Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111-Standards
Of Performance For New Stationary Sources of the Act or under Section 112-National Emission Standards For
Hazardous Air Pollutants of the Act.
200.27 200.29 CFR: The United States Code of Federal Regulations. with standard references in these rules by Title and Part, so
that “40 CFR 51” means “Title 40 of the Code of Federal Regulations, Part 51.”
200.28 200.30 CIRCUMSTANCES OUTSIDE THE CONTROL OF THE SOURCE: Shall include, but not be limited to,
circumstances where a violation resulted from a sudden and unavoidable breakdown of the process or the control
equipment, resulted from unavoidable conditions during a startup or shutdown, or resulted from upset of operations.
200.29 200.31 CLEAN COAL TECHNOLOGY: Any technology, including technologies applied at the pre-combustion,
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.
200.30 200.32 CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT: 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.
200.31 200.33 COMMENCE: As applied to construction of a major source or a major modification, that the owner and/or operator
owner or operator has all necessary preconstruction approvals or permits and has either:
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 canceled or modified without
substantial loss to the owner and/or operator owner or operator, to undertake a program of actual construction of
the source to be completed within a reasonable time.
200.32 200.34 COMPLETE: In reference to an application for a permit or permit revision, “complete” means that the application
contains all the information necessary for processing the application. Designating an application complete for purposes
of permit or permit revision, processing does not preclude the Control Officer from requesting nor from accepting any
additional information.
200.33 200.35 CONSTRUCTION: Any physical change or change in the method of operation, including fabrication, erection, or
installation, demolition, or modification of an emissions unit, which would result in a change in actual emissions.
200.36 CONVENTIONAL AIR POLLUTANT: Any pollutant for which the Administrator has promulgated a primary or
secondary national ambient air quality standard.
200.34 200.37 CONTROL OFFICER: The executive head of the department authorized or designated to enforce air pollution
regulations, the executive head of an air pollution control district established under ARS §49-473, or the designated
agent.
200.35 200.38 DEPARTMENT: The Maricopa County Air Quality Department.
200.36 200.39 DIRECTOR: The director of the Arizona Department Of Environmental Quality (ADEQ).
200.37 200.40 DISCHARGE: The release or escape of an effluent into the atmosphere from a source.
200.38 200.41 DIVISION: The Division no longer exists; consequently, all references in these rules to Division refer to Department.
200.39 200.42 DUST GENERATING OPERATION: Any activity capable of generating fugitive dust, including but not limited to,
land clearing, maintenance, and land clean-up using mechanized equipment, earthmoving, weed abatement by discing
or blading, excavating, construction, demolition, bulk material handling (e.g., bulk material hauling and/or transporting,
10

bulk material stacking, loading, and unloading operations), storage and/or transporting operations (e.g., open storage
piles), vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots. the operation of
motorized machinery, establishing and/or using staging areas, parking areas, material storage areas, or access routes to
and from a site, establishing and/or using unpaved haul/access roads to, from, and within a site, disturbed surface areas
associated with a site, and installing initial landscapes using mechanized equipment. For the purpose of this rule
definition, landscape maintenance and playing on or maintaining a field used for non-motorized sports shall not be
considered a dust generating operation. However, landscape maintenance shall not include grading, trenching, or any
other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing
landscapes.
200.40 200.43 EFFLUENT: Any air contaminant which is emitted and subsequently escapes into the atmosphere.
200.41 200.44 ELECTRIC UTILITY STEAM GENERATING UNIT: Any steam electric generating unit that is constructed for
the purpose of supplying more than 1/3 of its potential electric output capacity and more than 25 MW electric 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.
200.42 200.45 EMISSION STANDARD: The definition of emission standard, as summarized from ARS §49-514(T) and ARS §49-
464(V), is: A numeric limitation on the volume or concentration of air pollutants in emissions from a source or a
specific design, equipment, or work practice standard, the purpose of which is to eliminate or reduce the volume or
concentration of pollutants emitted by a source. The term emission standard does not include opacity standards.
Violations of emission standards shall be determined in the manner prescribed by the applicable regulations issued by
the Administrator or the Director or the Control Officer.
200.43 200.46 EMISSIONS UNIT: Any part of a stationary source which emits or would have the potential to emit any regulated air
pollutant and includes an electric steam generating unit.
200.44 200.47 EPA: The United States Environmental Protection Agency.
200.45 200.48 EQUIVALENT METHOD: Any method of sampling and analyzing for an air pollutant, which has been
demonstrated to the Administrator's satisfaction to have a consistent and quantitatively known relationship to the
reference method, under specified conditions.
200.46 200.49 EXCESS EMISSIONS: Emissions of an air pollutant in excess of an emission standard, as measured by the
compliance test method applicable to such emission standard.
200.47 200.50 EXISTING SOURCE: Any source that is not a new source.
a. A source in operation prior to the effective date of this rule, or a source on which the construction or modification
has commenced and for which the Control Officer has granted a permit prior to the effective date of this rule; or
b. When used in conjunction with a source subject to new source performance standards (NSPS), any source which
does not have an applicable NSPS under Rule 360-New Source Performance Standards of these rules.
200.48 200.51 FACILITY: The definition of facility is included in Section 200.6-Definition Of Affected Facility of this rule and in
Section 200.26 Definition Of Building, Structure, Facility Or Installation of this rule. the definitions of “affected
facility” and “building, structure, facility or installation” of this rule.
200.49 200.52 FEDERAL APPLICABLE REQUIREMENT: Any of the following as they apply to emissions units covered by a
Title V permit or a Non-Title V permit (including requirements that have been promulgated or approved by the 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 the EPA through rulemaking under Title I-Air Pollution Prevention And Control 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 unitary permits issued under regulations approved or promulgated through
rulemaking under Title I-Air Pollution Prevention And Control, including Parts C or D, of the Act.
c. Any standard or other requirement under Section 111-Standards Of Performance For New Stationary Sources of
the Act, includes Section 111(d).
d. Any standard or other requirement under Section 112-National Emission Standards For Hazardous Air
Pollutants 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-Acid Deposition Control of the Act
or the regulations promulgated thereunder and incorporated under Rule 371-Acid Rain of these rules.
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f. Any requirements established under Section 504(b)-Permit Requirements And Conditions or Section 114(a)(3)-
Inspections, Monitoring, And Entry of the Act.
g. Any standard or other requirement governing solid waste incineration under Section 129-Solid Waste
Combustion of the Act.
h. Any standard or other requirement for consumer and commercial products pursuant to Section 183(e)-Federal
Ozone Measures of the Act.
i. Any standard or other requirement for tank vessels pursuant to Section 183(f)-Federal Ozone Measures of the
Act.
j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources
under Section 328-Air Pollution From Outer Continental Shelf Activities of the Act.
k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI-
Stratospheric Ozone Protection of the Act, unless the Administrator has determined that such requirements need
not be contained in a Title V permit; and
l. Any national ambient air quality standard or increment or visibility requirement under Part C-Prevention Of
Significant Deterioration Of Air Quality of Title I-Air Pollution Prevention And Control of the Act, but only as
it would apply to temporary sources permitted under Section 504(e)-Permit Requirements And Conditions of
the Act.
200.50 200.53 FEDERAL LAND MANAGER: With respect to any lands in the United States, the Secretary of the Department
with authority over such lands.
200.51 200.54 FEDERALLY ENFORCEABLE: All limitations and conditions which are enforceable by the Administrator under
the Act, including all of the following:
a. All terms and conditions contained in a Title V permit, except those terms and conditions which have been
specifically designated as not federally enforceable;
b. The requirements of operating permit programs and permits issued under such permit programs which have been
approved by the Administrator, including the requirements of State and County operating permit programs
approved under Title V-Permits of the Act or under any new source review permit program;
c. All limitations and conditions which are enforceable by the Administrator, including the requirements of the New
Source Performance Standards (NSPS) and the National Emissions Standards for Hazardous Air Pollutants
(NESHAPs) contained in these rules;
d. The requirements of such other State or County rules or regulations approved by the Administrator for inclusion in
the State Implementation Plan (SIP);
e. The requirements of any federal regulation promulgated by the Administrator as part of the State Implementation
Plan (SIP); and
f. The requirements of State and County operating permit programs, other than Title V programs, which have been
approved by the Administrator and incorporated into the applicable State Implementation Plan (SIP) under the
criteria for federally enforceable State Operating Permit Programs set forth in 54, Federal Register 27274, dated
June 28, 1989. Such requirements include permit terms and conditions which have been entered into voluntarily by
a source under this rule and/or under Rule 220-Non-Title V Permit Provisions of these rules.
g. Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping, and
reporting requirements that are included in a permit pursuant to Rule 201 (Emissions Caps) of these rules or
Rule 220, Section 304 (Permits Containing Voluntarily Accepted Emissions Limitations, Controls, Or Other
Requirements (Synthetic Minor)) of these rules.
200.55 FEDERALLY LISTED HAZARDOUS AIR POLLUTANT: A pollutant listed pursuant to Rule 372, Section 309
of these rules.
200.52 200.56 FINAL PERMIT: The version of a permit issued by the Control Officer after completion of all review required by
Maricopa County Air Pollution Control Regulations.
200.53 200.57 FUEL OIL: Number 2 through Number 6 fuel oils as specified in ASTM D396-90a-Specification For Fuel Oils, gas
turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D2880-90a-Specification For Gas Turbine Fuel
Oils, or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D975-90a-Specification For Diesel Fuel Oils.
200.54 200.58 FUGITIVE EMISSION: Any emission which could not reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening.
200.59 HAZARDOUS AIR POLLUTANT (HAP): Any federally listed hazardous air pollutant.
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200.55 200.60 HAZARDOUS AIR POLLUTANT REASONABLY AVAILABLE CONTROL TECHNOLOGY (HAPRACT):
An emissions standard for hazardous air pollutants which the Control Officer, acting pursuant to §49-480.04(C),
determines is reasonably available for a source. In making the foregoing determination, the Control Officer shall take
into consideration the estimated actual air quality impact of the standard, the cost of complying with the standard, the
demonstrated reliability and widespread use of the technology required to meet the standard, and any non-air quality
health and environmental impacts and energy requirements. For purposes of this definition, an emissions standard may
be expressed as a numeric emissions limitation or as a design, equipment, work practice, or operational standard.
200.56 200.61 INDIAN GOVERNING BODY: 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.
200.57 200.62 INDIAN RESERVATION: Any federally recognized reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
200.58 200.63 INSIGNIFICANT ACTIVITY: For the purpose of this rule, an insignificant activity shall be any activity, process,
or emissions unit that is not subject to a source-specific applicable requirement, that emits no more than 0.5 ton per
year of hazardous air pollutants (HAPs) and no more than two tons per year of a regulated air pollutant , and that is
either included in Appendix D-List of Insignificant Activities of these rules listed below or is approved as an
insignificant activity under Rule 200-Permit Requirements of these rules. Source-specific applicable requirements
include requirements for which emissions unit-specific information is needed to determine applicability.
a. Food Processing Equipment:
(1) Any confection cooker and associated venting or control equipment cooking edible products intended for
human consumption.
(2) Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of
operation.
b. General Combustion Activities:
(1) All natural gas and/or liquefied petroleum gas-fired pieces of equipment over 300,000 BTU per hour, only if the
input capacities added together are less than 2,000,000 BTU per hour, the emissions come from fuel burning,
and the equipment is used solely for heating buildings for personal comfort or for producing hot water for
personal use.
(2) Any oil-fueled heating piece of equipment (except off-spec. oil) with a maximum rate input capacity or an
aggregate input capacity of less than:
(a) 500,000 BTU/hour if only emissions came from fuel burning, or
(b) 1,000,000 BTU/hour if only emissions came from fuel burning and the equipment is used solely for heating
buildings for personal comfort or for producing hot water for personal use.
c. Surface Coating And Printing Equipment: Any equipment or activity using no more than 300 gallons per year
of surface coating or any combination of surface coating and solvent, which contains either VOC or hazardous air
pollutants (HAPs) or both.
d. Solvent Cleaning Equipment: Any non-vapor cleaning machine (degreaser) or dip-tank having a liquid surface
area of 1 square foot (0.09 square meters) or less, or having a maximum capacity of 1 gallon (3.79 liters) or less.
e. Internal Combustion (IC) Equipment:
(1) IC engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps
used only for emergency replacement or standby service (including testing of same), not to exceed 4,000
pounds of NOx or CO at 500 hours of operation per year.
(2) Any piston-type IC engine with a manufacturer’s maximum continuous rating of no more than 50 brake
horsepower (bhp).
f. Laboratories And Pilot Plants: Lab equipment used exclusively for chemical and physical analyses.
g. Storage And Distribution:
(1) Chemical or petroleum storage tanks or containers that hold 250 gallons or less and would have emissions of a
regulated air pollutant.
(2) Any emissions unit, operation, or activity that handles or stores no more than 12,000 gallons of a liquid with a
vapor pressure less than 1.5 psia.
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(3) Any equipment used exclusively for the storage of unheated organic material with: (1) an initial boiling point of
150 Centigrade (C) (302 Fahrenheit (F)) or greater, as determined by ASTM D1078-11; or (2) a vapor
pressure of no more than 5 millimeters mercury (mmHg) (0.1 pound per square inch (psi) absolute), as
determined by ASTM D2879-11.
(4) Any equipment with a capacity of no more than 4,200 gallons (100 barrels) used exclusively to store oil with
specific gravity 0.8762 or higher (30 API or lower), as measured by API test method 2547 or ASTM D1298-
12b.
(5) Any equipment used exclusively for the storage of liquefied gases in unvented pressure vessels, except for
emergency pressure-relief valves.
(6) Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated
with the dry natural gas should not be considered an insignificant activity, unless such ICE or other equipment
independently qualifies as an insignificant activity.
(7) Any equipment used exclusively for the storage of fresh, commercial, or purer grade of: (1) sulfuric or
phosphoric acid with acid content of no more than 99% by weight; or (2) nitric acid with acid content of no
more than 70% by weight.
h. Miscellaneous Activities:
(1) Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment
venting such blast cleaning equipment.
(2) Cooling towers: Any water cooling tower which: (1) has a circulation rate of less than 10,000 gallons per
minute; and (2) is not used to cool process water, water from barometric jets, or water from barometric
condensers.
(3) Batch mixers with rated capacity of 5 cubic feet or less.
(4) Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose
production rate is 200 tons per 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.
(5) Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction activities
and with the potential to emit hazardous air pollutant (HAP) metals, provided the total emissions of HAPs do
not exceed 0.5 ton per year.
(6) 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.
(7) Any aerosol can puncturing or crushing operation that processes less than 500 cans per day provided such
operation uses a closed loop recovery system.
(8) Any laboratory fume hood or vent provided such equipment is used exclusively for the purpose of teaching,
research, or quality control.
200.59 200.64 MAJOR MODIFICATION: 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 VOCs shall be considered significant for ozone. Any physical
change in or change in the method of operation of a major source that would result in both a significant emissions
increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from the
stationary source.
b. Any emissions increase or net emissions increase that is significant for oxides of nitrogen shall be considered
significant for ozone nonattainment areas classified as marginal, moderate, serious, or severe nitrogen oxides or
volatile organic compounds is significant for ozone.
c. For the purposes of this definition, none of the following shall not be considered is a physical change or a change
in the method of operation:
(1) Routine maintenance, repair, and replacement;
14

(2) 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;
(3) Use of an alternative fuel by reason of an order or rule under Section 125-Measures To Prevent Economic
Disruption Or Unemployment of the Act;
(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal
solid waste;
(5) Use of an alternative fuel or raw material by a stationary source that either: For the purposes of determining
the applicability of Rule 240 (Federal Major New Source Review (NSR), Section 304 (Permit Requirements
For New Major Sources Or Major Modifications Located In Nonattainment Areas) of these rules, any of the
following:
(a) 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 Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-
Permits For New Major Sources And Major Modifications To Existing Major Sources, Rule 245-
Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these rules; or
(b) The source is approved to use under any permit issued under 40 CFR 52.21, or under Rule 200-Permit
Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For New Major Sources And Major
Modifications To Existing Major Sources, Rule 245-Continuous Source Emission Monitoring, and Rule
270-Performance Tests of these rules;
(a) Use of an alternative fuel or raw material by a stationary source that 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 Rule
200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Federal Major New Source
Review (NSR) , Rule 245-Continuous Source Emission Monitoring, and Rule 270-Performance Tests of
these rules; or
(b) Use of an alternative fuel or raw material by a stationary source that the source is approved to use under
any permit issued under 40 CFR 52.21, or under Rule 200-Permit Requirements, Rule 210-Title V Permit
Provisions, Rule 240-Federal Major New Source Review (NSR), Rule 245-Continuous Source Emission
Monitoring, and Rule 270-Performance Tests of these rules; or
(c) 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 Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Federal
Major New Source Review (NSR), Rule 245-Continuous Source Emission Monitoring, and Rule 270-
Performance Tests of these rules.
(6) For the purposes of determining applicability of Rule 240 (Federal Major New Source Review (NSR), Section
305 (Permit Requirements For New Major Sources Or Major Modifications Located In Attainment Or
Unclassifiable Areas) of these rules, any of the following:
(a) Use of an alternative fuel or raw material by a stationary source that the source was capable of
accommodating before January 6, 1975, unless the change would be prohibited under any federally
enforceable permit condition established after January 6, 1975, under 40 CFR 52.21, or under Rule 200-
Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Federal Major New Source Review
(NSR), Rule 245-Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these
rules; or
(b) Use of an alternative fuel or raw material by a stationary source that the source is approved to use under
any permit issued under 40 CFR 52.21, or under Rule 200-Permit Requirements, Rule 210-Title V Permit
Provisions, Rule 240-Federal Major New Source Review (NSR), Rule 245-Continuous Source Emission
Monitoring, and Rule 270-Performance Tests of these rules; or
15

(c) 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 January 6, 1975, under 40 CFR 52.21,
or under Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Federal Major
New Source Review (NSR), Rule 245-Continuous Source Emission Monitoring, and Rule 270-
Performance Tests of these rules.
(6) 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 Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For New Major
Sources And Major Modifications To Existing Major Sources, Rule 245-Continuous Source Emission
Monitoring, and Rule 270-Performance Tests of these rules;
(7) Any change in ownership at a stationary source;
(8) The addition, replacement, or use of a pollution control project at an existing electric utility steam generating
unit, unless the Control Officer determines that the addition, replacement, or use renders the unit less
environmentally beneficial, or except:
(a) When the Control Officer 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
(b) The Control Officer determines that the increase will cause or contribute to a violation of any national
ambient air quality standard, prevention of significant deterioration (PSD) increment, or visibility
limitation;
(9) (8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project,
if the project complies with:
(a) The State Implementation Plan (SIP); and
(b) Other requirements necessary to attain and maintain the national ambient air quality standards during the
project and after it is terminated;
(10) (9) For electric utility steam generating units located in attainment and unclassified 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 of any regulated pollutant emitted by the unit.
This exemption shall apply on a pollutant-by-pollutant basis; and
(11) (10) For electric utility steam generating units located in attainment and unclassified areas only, the reactivation of
a very clean coal-fired electric utility steam generating unit.
d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major source is
complying with the requirements of Plantwide Applicability Limitations (PALs) as described in Rule 240 of
these rules. Instead, the definition of “PAL” major modification in Rule 240 of these rules shall apply.
200.60 200.65 MAJOR SOURCE: A source that meets any of the following criteria:
a. A major source as defined in Rule 240-Permits For New Major Sources And Major Modifications To Existing
Major Sources Federal Major New Source Review (NSR) of these rules.
b. A major source under Section 112-National Emission Standards For Hazardous Air Pollutants of the Act:
(1) For pollutants other than radionuclides, any stationary source that emits or has the potential to emit, in the
aggregate, including fugitive emissions, 10 tons per year (tpy) or more of any hazardous air pollutant which
has been listed under 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 Title 18-Environmental Quality, Chapter 2-Department Of
Environmental Quality Air Pollution Control, Article 11-Federal Hazardous Air Pollutants of the Arizona
Administrative Code. 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
(2) 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
16

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: a section 302(j) category of the Act.
Coal cleaning plants (with thermal dryers).
Kraft pulp mills.
Portland cement plants.
Primary zinc smelters.
Iron and steel mills.
Primary aluminum ore reduction plants.
Primary copper smelters.
Municipal incinerators capable of charging more than 50 tons of refuse per day.
Hydrofluoric, sulfuric, or nitric acid plants.
Petroleum refineries.
Lime plants.
Phosphate rock processing plants.
Coke oven batteries.
Sulfur recovery plants.
Carbon black plants (furnace process).
Primary lead smelters.
Fuel conversion plants.
Sintering plants.
Secondary metal production plants.
Chemical process plants.
Fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU per hour heat input.
Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
Taconite ore processing plants.
Glass fiber processing plants.
Charcoal production plants.
Fossil fuel-fired steam electric plants of more than 250 million BTU per hour rated heat input.
Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111-Standards
Of Performance For New Stationary Sources of the Act or under Section 112-National Emission Standards For
Hazardous Air Pollutants of the Act.
200.61 200.66 MAJOR SOURCE THRESHOLD: The lowest applicable emissions rate for a pollutant that would cause the source
to be a major source, at the particular time and location, under Section 200.60-Definition Of Major Source the
definition of “major source” of this rule.
200.62 200.67 MALFUNCTION: Any sudden and unavoidable failure of air pollution control equipment, process, or process
equipment to operate in a normal and usual manner. 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 shall not be considered malfunctions.
200.63 200.68 MATERIAL PERMIT CONDITION:
a. For the purposes of ARS §49-464(G) and ARS §49-514(G), a material permit condition shall mean a condition
which satisfies all of the following:
(1) The condition is in a permit or permit revision issued by the Control Officer or by the Director after the
effective date of this rule.
(2) The condition is identified within the permit as a material permit condition.
(3) The condition is one of the following:
(a) An enforceable emission standard imposed to avoid classification as a major modification or major
source or to avoid triggering any other applicable requirement.
(b) A requirement to install, operate, or maintain a maximum achievable control technology or hazardous air
pollutant reasonably available control technology required under Rule 372-Maricopa County Hazardous
Air Pollutants (HAPs) Program of these rules.
(c) (b) A requirement for the installation or certification of a monitoring device.
17

(d) (c) A requirement for the installation of air pollution control equipment.
(e) (d) A requirement for the operation of air pollution control equipment.
(f) (e) An opacity standard required by Section 111-Standards Of Performance For New Stationary Sources of
the Act or Title I-Air Pollution Prevention And Control, Part C or D, of the Act.
(4) Violation of the condition is not covered by Subsections (A) through (F) or (H) through (J) of ARS §49-464
or Subsections (A) through (F) or (H) through (J) of ARS §49-514.
b. For the purposes of Sections 200.63 Section 200.72(a)(3)(c), (d), and (e) of this rule, a permit condition shall not
be material where the failure to comply resulted from circumstances which were outside the control of the source.
200.69 MAXIMUM CAPACITY TO EMIT: The maximum amount a source is capable of emitting under its physical and
operational design without taking any limitations on operations or air pollution controls into account.
200.64 200.70 METHOD OF OPERATION: The definition of method of operation is included in Section 200.72-Definition Of
Operation the definition of “operation” of this rule.
200.71 MINOR NSR MODIFICATION: Any of the following changes that do not qualify as a major source or major
modification:
a. Any physical change in or change in the method of operation of an emission unit or a stationary source that
either:
(1) Increases the potential to emit of a regulated minor NSR pollutant by an amount greater than the minor
NSR modification threshold, or
(2) Results in the potential to emit of a regulated minor NSR pollutant not previously emitted by such emission
unit or stationary source in an amount greater than the minor NSR modification threshold.
b. Construction of one or more new emissions units that have the potential to emit regulated minor NSR pollutants
at an amount greater than the minor NSR modification threshold.
c. A change covered by Sections 200.71 (a) or (b) of this rule constitutes a minor NSR modification regardless of
whether there will be a net decrease in total source emissions or a net increase in total source emissions that is
less than the minor NSR modification threshold as a result of decreases in the potential to emit of other
emission units at the same stationary source.
d. For the purposes of this definition, the following do not constitute a physical change or change in the method of
operation:
(1) A change consisting solely of the construction of, or changes to, a combination of emissions units
qualifying as an insignificant activity.
(2) For a stationary source that is required to obtain a Non-Title V permit under Rule 200 of these rules and
that is subject to source-wide emissions caps under Rule 201 of these rules, a change that will not result in
the violation of the existing emissions cap for that regulated minor NSR pollutant.
(3) Replacement of an emission unit by a unit with a potential to emit regulated minor NSR pollutants that is
less than or equal to the potential to emit of the existing unit, provided the replacement does not cause an
increase in emissions at other emission units at the stationary source. A unit installed under this provision is
subject to any limits applicable to the unit it replaced.
(4) Routine maintenance, repair, and replacement.
(5) 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 to 825r.
(6) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act.
(7) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal
solid waste.
(8) Use of an alternative fuel or raw material by a stationary source that either:
(a) 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 Rules 210, 220, 240, or 241 of these rules; or
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(b) The source is approved to use under any permit issued under 40 CFR 52.21, or under Rules 210, 220,
or 240 these rules.
(9) 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 Rules 210, 220, 240, or 241 of these rules.
(10) Any change in ownership at a stationary source.
e. For purposes of this definition:
(1) “Potential to emit” means the lower of a source’s or emission unit’s potential to emit or its allowable
emissions.
(2) In determining potential to emit, the fugitive emissions of a stationary source shall not be considered unless
the source belongs to a section 302(j) category.
(3) All of the roadways located at a stationary source constitute a single emissions unit.
f. Minor NSR Modification Threshold: For the purposes of this definition, “minor NSR modification threshold” is
defined as: For a regulated minor NSR pollutant, the following applies:
Pollutant Maximum Capacity To Emit Emission Rate In Tons Per Year (TPY)
PM2.5 7.5
(primary emissions only; levels for precursors are set below)
PM10 7.5
SO2 20
NOx 20
VOC 20
CO 50
Pb 0.3
200.72 MOBILE SOURCE: Any combustion engine, device, machine or equipment that operates during transport and that
emits or generates air contaminants whether in motion or at rest.
200.65 200.73 MODIFICATION: A physical change in or a change in the method of operation of a source which increases the actual
emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount, or which
results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount. An
increase in emissions at a minor source shall be determined by comparing the source’s potential to emit before and
after the modification. The following exemptions apply:
a. A physical or operational change does not include routine maintenance, repair or replacement.
b. An increase in the hours of operation or if the production rate is not considered an operational change unless
such increase is prohibited under any permit condition that is legally and practically enforceable by the
department.
c. A change in ownership at a source is not considered a modification.
200.68 200.74 NATIONAL AMBIENT AIR QUALITY STANDARD (NAAQS): The ambient air pollutant concentration limits
established by the administrator pursuant to Section 109 of the Clean Air Act.
200.66 200.75 NET EMISSIONS INCREASE: For the purposes of Rule 240, Sections 305 and 306 of these rules, a net emissions
increase shall be defined by the federal regulations incorporated by reference. For the purposes of Rule 220 of these
rules, a net emissions increase shall be an emissions increase for a particular modification plus any other increases and
decreases in actual emissions at the facility that are creditable and contemporaneous with the particular modification
where:
a. The amount by which the sum of Section 200.66(a)(1) and Section 200.66(a)(2) below exceed zero: A
creditable increase or decrease in actual emissions is contemporaneous with a particular modification if it
occurs between the date five (5) years before the commencement of construction or modification on the
particular change and the date that the increase from the particular modification occurs. Any replacement unit
that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180
days.
(1) Any increase in actual emissions from a particular physical change or change in the method of operation at
a stationary source; and
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(2) 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: A decrease in actual emissions is creditable only if it satisfies the requirements for
emission reduction credits in Rule 204 of these rules and has approximately the same qualitative significance
for public health and welfare as that attributed to the increase from the particular modification, and is federally
enforceable at and after the time that construction of the modification commences.
(1) The date five years before construction on the particular change commences; and
(2) The date that the increase from the particular change occurs.
c. An increase or decrease in actual emissions is creditable only if the Control Officer 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 particulate matter which
occurs before the applicable baseline date, as described in Rule 500-Attainment Area Classification of these
rules, 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:
(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the
new level of actual emissions;
(2) The emissions unit was actually operated and emitted the specific pollutant;
(3) It is federally enforceable at and after the time that actual construction on the particular change begins; and
(4) It has approximately the same qualitative significance for public health and welfare as that attributed to the
increase from the particular change.
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.
200.67 200.76 NEW SOURCE: Any source that is not an existing source. A source for which construction has not commenced
before the effective date of an applicable rule or standard to which a source is subject.
200.77 NEW SOURCE PERFORMANCE STANDARDS (NSPS): Standards adopted by the Administrator under section
111(b) of the Act.
200.68 200.78 NITROGEN OXIDES (NOX): All oxides of nitrogen except nitrous oxide, as measured by test methods set forth in
the Appendices to 40 CFR 60.
200.69 200.79 NONATTAINMENT AREA: An area so designated by the Administrator, acting under Section 107-Air Quality
Control Regions of the Act, as exceeding national primary or secondary ambient air standards for a particular pollutant
or pollutants.
200.70 200.80 NON-PRECURSOR ORGANIC COMPOUND: Any of the organic compounds that have been designated by the
EPA as having negligible photochemical reactivity as listed in Appendix G of these rules.
200.71 200.81 OPEN OUTDOOR FIRE: Any combustion of material of any type outdoors, where the products of combustion are
not directed through a flue.
200.72 200.82 OPERATION: Any physical action resulting in a change in the location, form, or physical properties of a material, or
any chemical action resulting in a change in the chemical composition or properties of a material.
200.73 200.83 ORGANIC COMPOUND: Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate.
200.74 200.84 ORGANIC LIQUID: Any organic compound which exists as a liquid under any actual conditions of use, transport, or
storage.
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200.75 200.85 OWNER AND/OR OPERATOR OWNER OR OPERATOR: Any person who owns, leases, operates, controls, or
supervises an affected facility or a stationary source. of which an affected facility is a part.
200.76 200.86 PARTICULATE MATTER: Any material, except condensed water containing no more than analytical trace amounts
of other chemical elements or compounds, which has a nominal aerodynamic diameter smaller than 100 microns
(micrometers) and which exists in a finely divided form as a liquid or solid at actual conditions.
200.77 200.87 PERMITTING AUTHORITY: The department or a County department, or agency, or air pollution control district
that is charged with enforcing a permit program adopted under ARS §49-480, Subsection A.
200.88 PERMITTING THRESHOLD: For a regulated air pollutant, the following applies:
Maximum Capacity To Emit Emission Rate
Pollutant In Tons Per Year (TPY)
PM2.5 0.5
(primary emissions only; levels for precursors are set below)
PM10 0.5
SO2 1.0
NOx 1.0
VOC 0.5
CO 1.0
Pb 0.3
Single HAP (other than Pb) 0.5
Total HAPs 1.0
Any other regulated air pollutant 1.0
200.78 200.89 PERSON: Any individual, public or private corporation, company, partnership, firm, association or society of persons,
the Federal Government and any of its departments or agencies, or the State and any of its agencies, departments or
political subdivisions, as well as a natural person.
200.79 PHYSICAL CHANGE: Any replacement, addition, or alteration of equipment that is not already allowed under the
terms of the source's permit.
200.90 PLANNING AGENCY: An organization designated by the governor pursuant to 42 U.S.C. 7504.
200.80 200.91 PM2.5: Particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 microns (micrometers), as
measured by the applicable State and Federal Reference Test Methods.
200.81 200.92 PM10: Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 microns (micrometers), as
measured by the applicable State and Federal Reference Test Methods.
200.82 200.93 POLLUTANT: An air contaminant the emissions or ambient concentration of which is regulated under these rules.
200.83 POLLUTION CONTROL PROJECT: 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 but not limited to 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 but not limited to 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 Appropriation 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 EPA; or
d. A permanent clean coal technology demonstration project that constitutes a repowering project.
200.84 200.94 PORTABLE SOURCE: Any stationary source that is capable of being transported and operated in more than one
county of this state.
200.85 200.95 POTENTIAL TO EMIT (PTE): The maximum capacity of a stationary source to emit pollutants, 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
21

the effect it would have on emissions is federally legally and practically enforceable by any rule, ordinance, order or
permit adopted or issued under A.R.S. Title 49, Chapter 3 or the state implementation plan.
200.86 200.96 PROPOSED PERMIT: The version of a permit for which the Control Officer offers public participation under Rule
210-Title V Permit Provisions or Rule 220-Non-Title V Permit Provisions of these rules or offers affected State review
under Rule 210-Title V Permit Provisions of these rules.
200.87 200.97 PROPOSED FINAL PERMIT / PROPOSED FINAL PERMIT REVISION: The version of a Non-Title V permit
or permit revision that the Control Officer proposes to issue in compliance with Rule 220-Non-Title V Permit
Provisions of these rules or a Title V permit or permit revision that the Control Officer proposes to issue and forwards
to the Administrator for review, in compliance with Rule 210-Title V Permit Provisions of these rules. A proposed final
permit/proposed final permit revision constitutes a final authorization to begin actual construction of, but not to operate,
a new Title V source or a modification to a Title V source.
200.98 PUBLIC NOTICE THRESHOLD: For a regulated air pollutant, the following applies:
Public Notice Threshold TPY Public Notice Threshold TPY
Pollutant (New Or Permit Renewals PTE) (PTE To PTE Emission Increase)
VOC 25 25
NOx 25 25
SO2 25 25
PM10 7.5 7.5
PM2.5 5.0 5.0
(primary emissions only; levels for precursors are set above)
CO 50 50
Pb 0.3 0.3
Any Single HAP 5.0 5.0
Total HAPs 12.5 12.5
200.88 200.99 QUANTIFIABLE: With respect to emissions, including the emissions involved in equivalent emission limits and
emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in terms of
character. Quantification may be based on emission factors, stack tests, monitored values, operating rates and averaging
times, materials used in a process or production, modeling, or other reasonable measurement practices.
200.89 200.100 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY STEAM GENERATING
UNIT: 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 2-year period before enactment of the Clean Air Act Amendments of 1990 and
the emissions from the unit continue to be carried in the Maricopa County 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 nitrogen oxides (NOx) burners before commencement of operations following reactivation;
and
d. Is otherwise in compliance with the Act.
200.101 REASONABLE FURTHER PROGRESS: The schedule of emission reductions defined within a nonattainment
area plan as being necessary to come into compliance with a national ambient air quality standard by the primary
standard attainment date.
200.90 200.102 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT): For facilities subject to Regulation III-
Control Of Air Contaminants of these rules, the emissions limitation of the existing source performance standard. For
facilities not subject to Regulation III-Control Of Air Contaminants of these rules, the lowest emission limitation that a
particular source is capable of achieving by the application of control technology that is reasonably available
considering technological and economic feasibility. Such technology may previously have been applied to a similar,
but not necessarily identical, source category. RACT for a particular facility, other than a facility subject to Regulation
III-Control Of Air Contaminants of these rules, is determined on a case-by-case basis, considering the technological
feasibility and cost-effectiveness of the application of the control technology to the source category.
200.91 200.103 REFERENCE METHOD: Any of the methods of sampling and analyzing for an air pollutant as described in the
Arizona Testing Manual for Air Pollutant Emissions; 40 CFR 50, Appendices A through L; 40 CFR 51, Appendix M;
40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C, as
incorporated by reference in Appendix G of these rules.
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200.92 200.104 REGULATED AIR POLLUTANT: Any of the following:
a. Any conventional air pollutant. as defined in ARS §49-401.01, which means any pollutant for which the
Administrator has promulgated a primary or a secondary national ambient air quality standard (NAAQS) (i.e., for
carbon monoxide (CO), nitrogen oxides (NOX), lead, sulfur oxides (SOX) measured as sulfur dioxides (SO2),
ozone, and particulates).
b. Nitrogen oxides (NOX) and volatile organic compounds (VOCs).
c. Any air contaminant that is subject to a standard contained in Rule 360-New Source Performance Standards of
these rules or promulgated under Section 111-Standards Of Performance For New Stationary Sources of the Act or
under Section 112-National Emission Standards For Hazardous Air Pollutants of the Act.
d. Any hazardous air pollutant (HAP) as defined in Rule 372-Maricopa County Hazardous Air Pollutants (HAPs)
Program of these rules.
e. (d) Any Class I or II substance listed in Section 602-Stratospheric Ozone Protection; Listing Of Class I And Class II
Substances of the Act.
200.105 REGULATED MINOR NSR POLLUTANT: Any pollutant for which a national ambient air quality standard has
been promulgated and the following precursors for such pollutants:
a. VOC and nitrogen oxides as precursors to ozone.
b. Nitrogen oxides and sulfur dioxide as precursors to PM2.5.
200.106 REGULATED NSR POLLUTANT: A pollutant as defined in Rule 240 (Federal Major New Source Review (NSR))
of these rules.
200.93 200.107 REGULATORY REQUIREMENTS: All applicable requirements, department rules, and all State requirements
pertaining to the regulation of air contaminants.
200.94 200.108 REPLICABLE: With respect to methods or procedures sufficiently unambiguous such that the same or equivalent
results would be obtained by the application of the method or procedure by different users.
200.95 200.109 REPOWERING: The Control Officer shall give expedited consideration to permit applications for any source that
satisfies the following criteria and that is granted an extension under Section 409-Repowered Sources of the Act:
a. Repowering means replacing an existing coal-fired boiler with one of the following clean coal technologies:
(1) Atmospheric or pressurized fluidized bed combustion;
(2) Integrated gasification combined cycle;
(3) Magnetohydrodynamics;
(4) Direct and indirect coal-fired turbines;
(5) Integrated gasification fuel cells; or
(6) As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative
of one or more of the above listed technologies; and
(7) 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 units which have been awarded clean coal technology
demonstration funding as of January 1, 1991 by the United States Department of Energy.
200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS: The average rate, in tons per year, at which the 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 within 10 years after that change, if the Control Officer determines that the different
period is more representative of source operations), considering the effect the change will have on increasing or
decreasing the hourly emission rate and on projected capacity utilization. In projecting future emissions, the Control
Officer shall:
a. Consider all relevant information, including but not limited to historical operational data, the company’s
representations, filings with the Maricopa County, State or Federal regulatory authorities, and compliance plans
under Title IV-Acid Deposition Control of the Act; and
23

b. Exclude, in calculating any increase in emissions that result 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 that 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.
200.97 200.110 RESPONSIBLE OFFICIAL: One of the following:
a. For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal
business function, or any other person who performs similar policy or decision-making functions for the
corporation, or a duly authorized representative of such person if the representative is responsible for the overall
operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and
either;
(1) The sources employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million
(in second quarter 1980 dollars); or
(2) The delegation of authority to such representatives is approved in advance by the permitting authority;
b. For a partnership or sole proprietorship: A general partner or the proprietor, respectively;
c. For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected
official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive
officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a
Regional Administrator); or
d. For affected sources:
(1) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV-Acid
Deposition Control of the Act or the regulations promulgated thereunder are concerned; and
(2) The designated representative for any other purposes under 40 CFR, Part 70.
200.98 200.111 SCHEDULED MAINTENANCE: Preventive maintenance undertaken in order to avoid a potential breakdown or
upset of air pollution control equipment.
200.112 SCREENING MODEL: Air dispersion modeling performed with screening techniques in accordance with 40 CFR
51 Appendix W.
200.113 SECTION 302(J) CATEGORY:
a. Any of the classes of sources listed in the definition of “categorical sources” of this rule; or
b. Any category of affected facility which, as of August 7, 1980, is being regulated under Section 111 or 112 of
the Act.
200.99 200.114 SIGNIFICANT:
a. In reference to a net significant emissions increase, a significant 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 one of the following
rates: a stationary source’s potential to emit:
(1) A rate of emissions of conventional pollutants that would equal or exceed any of the following:
Pollutant Emissions Rate (TPY)
Carbon Monoxide 100
Nitrogen Oxides 40
Sulfur Dioxide 40
Particulate Matter 25
PM10 15
PM2.5 10
10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide
emissions; 40 tpy of nitrogen oxide emissions.
VOC Ozone 40 tpy of VOC or nitrogen oxides
Lead 0.6
Fluorides 3
Sulfuric Acid Mist 7
Hydrogen Sulfide (H2S) 10
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Total Reduced Sulfur (including hydrogen sulfide) 10
Reduced Sulfur Compounds (including hydrogen sulfide) 10
Municipal waste combustor organics (measured as total tetra-through- octa-chlorinated: dibenzo-p-dioxins a 3.5 x 10-6
dibenzofurans)
Municipal waste combustor metals (measured as particulate matter) 15
Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) 40
Municipal solid waste landfill emissions (measured as nonmethane organic compounds) 50
(2) For purposes of determining the applicability of Rule 220 or Rule 240, Section 305 of these rules, a rate of
emisisons of non-conventional pollutants that would equal or exceed any of the following:
Pollutant Emissions Rate (TPY)
Particulate Matter 25
Flourides 3
Sulfuric Acid Mist 7
Hydrogen Sulfide (H2S) 10
Total Reduced Sulfur (including hydrogen sulfide) 10
Reduced Sulfur Compounds (including hydrogen sulfide) 10
Municipal waste combustor organics (measured as total tetra-through- 3.5 x 10-6
octa-chlorinated: dibenzo-p-dioxins and dibenzofurans)
Municipal waste combustor metals (measured as particulate matter) 15
Municipal solid waste landfill emissions (measured as nonmethane 50
organic compounds)
Any pollutant subject to regulation not specifically listed in this Any emission rate
section of this definition or in Section 200.114(a)(1) of this rule
b. In ozone nonattainment areas classified as serious or severe, significant emissions of the emission rate for nitrogen
oxides or VOC shall be determined under Rule 240-Permit Requirements For New Major Sources And Major
Modifications To Existing Major Sources Federal Major New Source Review (NSR) of these rules.
c. In a carbon monoxide nonattainment area classified as serious, a rate of emissions that would equal or exceed 50
tons per year, if the Administrator has determined that stationary sources contribute significantly to carbon
monoxide levels in that area.
d. In PM2.5 nonattainment areas, 40 tons per year of VOC as precursor of PM2.5.
c. In reference to regulated air pollutant that is not listed in Section 200.99(a) of this rule is not a Class I nor a Class II
substance listed in Section 602-Listing Of Class I And Class II Substances of the Act and is not a hazardous air
pollutant according to Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules, any
emissions rate.
d. e. Notwithstanding the emission amount rates listed in Section 200.99(a) Section 200.114(a)(1) or (2) of this rule, for
purposes of determining the applicability of Rule 240, Section 305 of this rule, any emissions rate or any net
emissions increase associated with a major source or major modification, which would be constructed within 10
kilometers (6.2 miles) of a Class I area and which would have an impact on the ambient air quality of such area
equal to or greater than 1 microgram/cubic meter (mg/m³) (µg/m3) (24-hour average).
200.100 200.115 SOLVENT-BORNE COATING MATERIAL: Any liquid coating-material in which the solvent is primarily or
solely a VOC. For the purposes of this definition, “primarily” means that of the total solvent mass that evaporates from
the coating, the VOC portion weighs more than the non-VOC portion.
200.101 200.116 SOURCE: Any building, structure, facility, or installation that may cause or contribute to air pollution or the use of
which may eliminate, reduce or control the emission of air pollution.
200.102 200.117 SPECIAL INSPECTION WARRANT: An order, in writing, issued in the name of the State of Arizona, signed by a
magistrate, directed to the Control Officer or his deputies authorizing him to enter into or upon public or private
property for the purpose of making an inspection authorized by law.
200.103 200.118 STANDARD CONDITIONS: A temperature of 293K (68 degrees Fahrenheit or 20 degrees Celsius) and a pressure of
101.3 kilopascals (29.92 in.Hg or 1013.25 mb). When applicable, all analyses and tests shall be calculated and reported
at standard gas temperatures and pressure values.
200.104 200.119 STATE IMPLEMENTATION PLAN (SIP): 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 under the Act. The accumulated record of enforceable air pollution control measures,
25

programs and plans adopted by the Director and submitted to and approved by the Administrator pursuant to 42
U.S.C. 7410.
200.105 200.120 STATIONARY SOURCE: Any source that operates at a fixed location and that emits or generates regulated air
pollutants. Any building, structure, facility or installation which emits or may emit any regulated 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.
200.121 SUBCONTRACTOR: Any person, firm, partnership, corporation, association, or other organization that conducts
work at a site under contract with or under the control or supervision of the owner and/or operator or another
subcontractor.
200.106 200.122 SYNTHETIC MINOR: Any source whose maximum capacity to emit a pollutant under its physical and operational
design would exceed the major source threshold levels but is restricted by an enforceable emissions limitation that
prevents such source from exceeding major source threshold levels.
200.107 200.123 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT: A clean coal technology
demonstration project operated for five years or less and that complies with the SIP applicable implementation plan and
other requirements necessary to attain and maintain the national ambient air quality standards during the project and
after the project is terminated.
200.108 200.124 TITLE V: Title V of the Federal Clean Air Act as amended in 1990 and the 40 CFR Part 70 EPA regulations adopted
to implement the Act.
200.109 200.125 TOTAL REDUCED SULFUR (TRS): 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.
200.110 200.126 TRADE SECRETS: Information to which all of the following apply:
a. A person has taken reasonable measures to protect from disclosure and the person intends to continue to take such
measures.
b. The information is not, and has not been, reasonably obtainable without the person’s consent by other persons,
other than governmental bodies, by use of legitimate means, other than discovery based on a showing of special
need in a judicial or quasi-judicial proceeding.
c. No statute, including ARS §49-487, specifically requires disclosure of the information to the public.
d. The person has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the
business’s competitive position.
200.111 200.127 TRIVIAL ACTIVITY: For the purpose of this rule, a trivial activity shall be any activity, process, or emissions unit
that, in addition to meeting the criteria for insignificant activity, has extremely low emissions. No activity, process,
or emissions unit that is conducted as part of a manufacturing process or is related to the source’s primary business
activity shall be considered trivial. Trivial activities are listed in Appendix E of these rules below and may be
omitted from Title V permit applications and from Non-Title V permit applications.
a. General Combustion Activities: Combustion emissions from propulsion of mobile sources, except for vessel
emissions from outer continental shelf sources.
b. Surface Coating And Printing Equipment: Equipment used for surface coating, painting, dipping or spraying
operations, except those that will emit volatile organic compounds (VOC) or hazardous air pollutants (HAPs).
c. Cleaning Equipment: Laundry activities, except for dry-cleaning and steam boilers.
d. Internal Combustion Equipment:
(1) Internal combustion (IC) engines used for landscaping purposes.
(2) Emergency (backup) electrical generators at residential locations.
e. Testing And Monitoring Equipment:
(1) Routine calibration and maintenance of laboratory equipment or other analytical instruments.
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(2) Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to
withdraw materials for analysis.
(3) Hydraulic and hydrostatic testing equipment.
(4) Environmental chambers not using HAP gases.
(5) Shock chambers.
(6) Humidity chambers.
(7) Solar simulators.
(8) Vents from continuous emissions monitors and other analyzers.
f. Office Equipment:
(1) Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the
Act.
(2) Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any
manufacturing/industrial or commercial process.
(3) Consumer use of office equipment and products, not including printers or businesses primarily involved in
photographic reproduction.
(4) Bathroom/toilet vent emissions.
(5) Tobacco smoking rooms and areas.
(6) Consumer use of paper trimmers/binders.
g. Repair And Maintenance:
(1) Janitorial services and consumer use of janitorial products.
(2) Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding,
plumbing, re-tarring roofs, installing insulation, and paving parking lots), provided these activities are not
conducted as part of a manufacturing process, are not related to the source’s primary business activity, and not
otherwise triggering a permit modification. Cleaning and painting activities qualify, if they are not subject to
VOC or HAP control requirements. Asphalt batch plant owners or operators must still get a permit, if otherwise
required.
(3) Repair or maintenance shop activities not related to the source’s primary business activity (excluding emissions
from surface coating or degreasing (solvent metal cleaning) activities) and not otherwise triggering a permit
modification.
h. Storage And Distribution:
(1) Storage tanks, vessels, containers holding or storing liquid substances that will not emit any VOC or HAPs.
Exemptions for storage tanks containing petroleum liquids or other VOCs should be based on size limits and
vapor pressure of liquids stored and are not appropriate for this list.
(2) Demineralized water tanks and demineralizer vents.
(3) Boiler water treatment operations, not including cooling towers.
i. Hand Operated Equipment:
(1) Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood,
metal, or plastic.
(2) Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation.
(3) Portable electrical generators that can be moved by hand from one location to another. “Moved by hand” means
that it can be moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device.
(4) Air compressors and pneumatically operated equipment, including hand tools.
j. Food Equipment: Non-commercial food preparation.
k. Water And Waste Water Treatment:
(1) Process water filtration systems and demineralizers.
27

(2) Oxygen scavenging (de-aeration) of water.
l. Emergency Equipment:
(1) Fire suppression systems.
(2) Emergency road flares.
200.112 200.129 UNCLASSIFIED AREA: An area which the Administrator, because of lack of adequate data, is unable to classify as
an attainment or nonattainment area for a specific pollutant. For purposes of these rules, unclassified areas are to be
treated as attainment areas.
200.113 200.129 VOLATILE ORGANIC COMPOUND (VOC): Any organic compound which participates in atmospheric
photochemical reactions, except the non-precursor organic compounds.
SECTION 300 - STANDARDS
301 AIR POLLUTION PROHIBITED: No person shall discharge from any source whatever into the atmosphere regulated air
pollutants which exceed in quantity or concentration that specified and allowed in these rules, the Arizona Administrative Code
AAC or ARS, or which cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of
a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the
standards established by the Board Of Supervisors or the Director.
302 APPLICABILITY OF MULTIPLE RULES: Whenever more than one standard in this rule applies to any source or whenever a
standard in this rule and a standard in the Maricopa County Air Pollution Control Regulations Regulation III-Control Of Air
Contaminants applies to any source, the rule or combination of rules resulting in the lowest rate or lowest concentration of
regulated air pollutants released to the atmosphere shall apply, unless otherwise specifically exempted or designated.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 CERTIFICATION OF TRUTH, ACCURACY, AND COMPLETENESS: Any application form or report submitted under
these rules shall contain certification by a responsible official of truth, accuracy, and completeness of the application form or report
as of the time of submittal. This certification and any other certification required under these rules shall state that, based on
information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and
complete.
402 CONFIDENTIALITY OF INFORMATION:
402.1 The Control Officer shall make all permits, including all elements required to be in the permit under Rule 210-Title V
Permit Provisions of these rules and Rule 220-Non-Title V Permit Provisions of these rules, available to the public.
402.2 Any records, reports, or information obtained from any person under these rules shall be available to the public, unless
the Control Officer has notified the person in writing as specified in Section 402.3 of this rule and unless a person:
a. Precisely identifies the information in the permit(s), records, or reports, which is considered confidential.
b. Provides sufficient supporting information to allow the Control Officer to evaluate whether such information
satisfies the requirements related to trade secrets as defined in Section 200.110 of this rule.
402.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 402.2 of this rule, the Control Officer
shall make a determination as to whether the information satisfies the requirements for trade secrets as described in
Section 200.110 of this rule and so notify the applicant in writing. If the Control Officer agrees with the applicant that
the information covered by the notice of confidentiality satisfies the statutory requirements, the Control Officer shall
include a notice in the administrative record of the permit application that certain information has been considered
confidential.
402.4 A claim of confidentiality shall not excuse a person from providing any and all information required or requested by
the Control Officer.
402.5 A claim of confidentiality shall not be a defense for failure to provide such information.
SECTION 500 - MONITORING AND RECORDS
501 REPORTING REQUIREMENTS: The owner and/or operator owner or operator of any air pollution source shall maintain
records of all emissions testing and monitoring, records detailing all malfunctions which may cause any applicable emission
limitation to be exceeded, records detailing the implementation of approved control plans and compliance schedules, records
28

required as a condition of any permit, records of materials used or produced, and any other records relating to the emission of air
contaminants which may be requested by the Control Officer.
502 DATA REPORTING: When requested by the Control Officer, a person shall furnish to the Department information to locate and
classify air contaminant sources according to type, level, duration, frequency, and other characteristics of emissions and such other
information as may be necessary. This information shall be sufficient to evaluate the effect on air quality and compliance with
these rules. The owner and/or operator owner or operator of a source requested to submit information under Section 501 of this
rule may subsequently be required to submit annually, or at such intervals specified by the Control Officer, reports detailing any
changes in the nature of the source since the previous report and the total annual quantities of materials used or air contaminants
emitted.
503 EMISSION STATEMENTS REQUIRED AS STATED IN THE ACT: Upon request of the Control Officer and as directed by
the Control Officer, the owner and/or operator owner or operator of any source which emits or may emit oxides of nitrogen (NOx)
or volatile organic compounds (VOC) shall provide the Control Officer with an emission statement, in such form as the Control
Officer prescribes, showing measured actual emissions or estimated actual emissions of NOx and VOC from that source. At a
minimum, the emission statement shall contain all information required by the Consolidated Emissions Reporting Rule Air
Emissions Reporting Requirements in 40 CFR 51, Subpart A, Appendix A, Table 2A, which is incorporated by reference in
Appendix G of these rules. The statement shall contain emissions for the time period specified by the Control Officer. The
statement shall also contain a certification by a responsible official of the company that the information contained in the statement
is accurate to the best knowledge of the individual certifying the statement. Statements shall be submitted annually to the
Department. The Control Officer may waive this requirement for the owner and/or operator owner or operator of any source which
emits less than 25 tons per year of oxides of nitrogen or volatile organic compounds with an approved emission inventory for
sources based on AP-42 or other methodologies approved by the Administrator.
504 RETENTION OF RECORDS: Information and records required by applicable requirements and copies of summarizing reports
recorded by the owner and/or operator owner or operator and submitted to the Control Officer shall be retained by the owner
and/or operator owner or operator for five years after the date on which the information is recorded or the report is submitted. Non-
Title V sources may retain such information, records, and reports for less than five years, if otherwise allowed by these rules.
505 ANNUAL EMISSIONS INVENTORY REPORT:
505.1 Upon request of the Control Officer and as directed by the Control Officer, the owner and/or operator owner or
operator of a business shall complete and shall submit to the Control Officer an annual emissions inventory report. The
report is due by April 30, or 90 days after the Control Officer makes the inventory form(s) available, whichever occurs
later. These requirements apply whether or not a permit has been issued and whether or not a permit application has
been filed.
505.2 The annual emissions inventory report shall be in the format provided by the Control Officer.
505.3 The Control Officer may require submittal of supplemental emissions inventory information forms for air contaminants
under ARS §49-476.01, and ARS §49-480.03. , and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs)
Program of these rules.
REGULATION II – PERMITS AND FEES
RULE 200
PERMIT REQUIREMENTS
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
SECTION 200 – DEFINITIONS (NOT APPLICABLE)
201 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT
SECTION 300 – STANDARDS
301 PERMITS REQUIRED
302 TITLE V PERMIT
29

303 NON-TITLE V PERMIT
304 304 GENERAL PERMIT
305 EXEMPTIONS
305 306 DUST CONTROL PERMIT
306 307 SUBCONTRACTOR REGISTRATION
307 308 PERMIT TO BURN
308 EXEMPTIONS
309 STANDARDS FOR APPLICATIONS
310 PERMIT CONDITIONS
311 PROHIBITION-PERMIT MODIFICATION
312 PERMIT POSTING REQUIRED
313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO UNITARY PERMIT
PROGRAM; MINOR NSR TRANSITION
314 ACCELERATED PERMITTING
315 STACK HEIGHT PROVISIONS
SECTION 400 – ADMINISTRATIVE REQUIREMENTS
401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION
402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION
403 PERMIT RENEWAL AND EXPIRATION
404 PERMIT TRANSFERS
405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE
ORDERS (DCO) OR CONSENT DECREES
406 APPEAL
407 AIR QUALITY IMPACT MODELS
408 TESTING PROCEDURES
409 PERMIT FEES
410 PORTABLE SOURCES
411 PUBLIC RECORDS; CONFIDENTIALITY
Revised 07/13/88
Repealed and Adopted 11/15/93
Revised 02/15/95
Revised 06/19/96
Revised 05/20/98
Revised 08/22/01
Revised 03/26/08
Revised 07/13/1988; Repealed and Adopted 11/15/1993; Revised 02/15/1995; Revised 06/19/1996; Revised 05/20/1998; Revised
08/22/2001; Revised 03/26/2008; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II – PERMITS AND FEES
RULE 200
PERMIT REQUIREMENTS
SECTION 100 – GENERAL
101 PURPOSE: To provide an orderly procedure for the review of new sources of air pollution and for the modification and
operation of existing sources through the issuance of permits.
102 APPLICABILITY: Unless otherwise noted, this rule applies to each source requiring a permit or permit revision.
30

SECTION 200 – DEFINITIONS: (NOT APPLICABLE) See Rule 100 (General Provisions and Definitions) of these rules for
definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definition shall
apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules. In the event of any
inconsistency between any of the Maricopa County air pollution control rules, the definition in this rule takes precedence.
201 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT: A stack height meeting the requirements described in
Rule 240 (Federal Major New Source Review (NSR)) of these rules.
SECTION 300 – STANDARDS
301 PERMITS REQUIRED: Except as otherwise provided in these rules, no person shall commence an owner or operator shall
not begin actual construction of, operate, or make a modification to any stationary source subject to regulation under these
rules, without first obtaining a permit or permit revision from the Control Officer. The Maricopa County Air Quality
Department issues the following permits: Title V permits, Non-Title V permits, General permits, Dust Control permits, and
Permits to Burn. The standards and/or requirements for these permits are described in Section 302 through Section 305 and
Section 307 of this rule Sections 302 through 305, 306, and 308 of this rule. Additional standards, administrative
requirements, and monitoring and records requirements for some of these permits are described in individual rules of these
rules, as applicable/as specified in Section 302 through Section 305 and Section 307 of this rule Sections 302 through 305,
306, and 308 of this rule.
302 TITLE V PERMIT:
302.1 A Title V permit or, in the case of an existing permitted source, a permit revision shall be required for a person an
owner or operator to commence begin actual construction of, to operate, or to modify any of the following:
302.1 a. Any major source as defined in Rule 100 of these rules.
302.2 b. Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act.
302.3 c. Any affected source as defined in Rule 100 of these rules.
302.4 d. Any stationary source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and
adopted by the Board of Supervisors by rule.
302.2 Notwithstanding Sections 301 and 302 of this rule, an owner or operator may begin actual construction, but not
operation, of a source requiring a Title V permit or Title V permit revision upon the Control Officer’s issuance of
the proposed final permit or proposed final permit revision.
303 NON-TITLE V PERMIT: Unless a Title V permit or Title V permit revision is required, a Non-Title V permit or permit
revision shall be required for:
303.1 A person to make a modification to a source which would cause it to emit or to have the potential to emit quantities
of regulated air pollutants greater than those specified in subsections 303.2 and 303.3(c) of this rule. An owner or
operator to begin actual construction of , modify, or operate any stationary source that emits, or has the maximum
capacity to emit, or cause the source to emit regulated air pollutants in an amount greater than or equal to the
following permitting thresholds:
Maximum Capacity To Emit Emission
Rate
Pollutant In Tons Per Year (TPY)
PM2.5 (primary emissions only; levels for precursors are set below) 0.5
PM10 0.5
SO2 1.0
NOx 1.0
VOC 0.5
CO 1.0
Pb 0.3
Single HAP (other than Pb) 0.5
Total HAPs 1.0
Any other regulated air pollutant 1.0
303.2 A person to commence construction of or to modify either of the following after rules adopted pursuant to A.R.S. §
49-480.04 are effective:
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a. A source that emits or has the potential to emit with controls ten tons per year or more of a hazardous air
pollutant or 25 tons per year or more of any combination of hazardous air pollutants designated by the Director
pursuant to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and not listed
in Section 112(b) of the Act.
b. A source that is within a category designated by the Director pursuant to Rule 372 (Maricopa County
Hazardous Air Pollutants (HAPs) Program) of these rules and that emits or has the potential to emit with
controls at least one ton, but less than ten tons per year of a hazardous air pollutant or at least 2.5 tons, but less
than 25 tons per year of any combination of hazardous air pollutants.
303.3 303.2 A person to commence construction of, to operate, or to modify any of the following: An owner or operator to begin
actual construction of, operate, or modify any of the following:
a. Any source other than a major source, including an area source, subject to a standard, limitation, or other
requirement under Section 111 of the Act. However, a source is not required to obtain a permit solely because
it is subject to one of the standards under Section 111 of the Act listed in Sections 303.2(a)(1) and (2) of this
rule and meets the criteria under Section 305.7 of this rule.
(1) 40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines).
(2) 40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines).
b. Any source other than a major source, including an area source, subject to a standard or other requirement
pursuant to Section 112 of the Act. However, a source is not required to obtain a permit solely because it is
subject to regulation or requirements pursuant to Section 112(r) of the Act or as specified below:
(1) If a source is subject to one of the standards under Section 112 of the Act listed in Sections 303.2(b)(1)(a)
through (d) of this rule and has a maximum capacity to emit less than the permitting thresholds in Section
303.1 of this rule.
(a) 40 CFR 61.145.
(b) 40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers).
(c) 40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations).
(d) A regulation or requirement under Section 112(r) of the Act.
(2) If a source is subject to one of the standards under Section 112 of the Act listed in Sections 303.2(b)(2)(a)
through (c) of this rule and meets the criteria under Sections 305.4, 305.7, or 305.9 of this rule as
applicable.
(a) 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines).
(b) 40 CFR 63, Subpart CCCCCC (Gasoline Distribution).
(c) 40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources), published
at 76 FR 15554 (March 21, 2011).
c. Any source that emits or has the potential to emit, without control, regulated air pollutants, except the following
sources to the extent which the described limits are not exceeded. However, any source that is exempt from
obtaining a Non-Title V permit according to this section shall still comply with all other applicable
requirements of these rules.
(1) General Combustion Equipment:
(a) Any source with an aggregated input capacity of less than 2,000,000 BTU per hour calculated by
adding only those pieces of equipment over 300,000 BTU per hour with respect to fuel burning
equipment fired with natural gas or liquefied petroleum gas.
(b) Any oil fueled heating equipment with a maximum rated input capacity or an aggregated input
capacity of less than 500,000 BTU (527,200 kilojoules) per hour.
32

(2) Liquid Storage Tanks:
(a) Stationary storage tanks with a capacity of 250 gallons (946 liters) or less used for storing organic
liquids.
(b) Stationary storage tanks used for storing organic liquids with a true vapor pressure of 1.5 psia (77.5
mm Hg) or less.
(c) Pressure tanks and pressurized vessels used exclusively for the storage of liquefied gases.
(3) Surface Coating and Printing Equipment:
(a) The aggregate of all surface coating operations of a source in which no coated product is heat cured
and a combined total of one gallon per day or less of all coating materials and solvents are used.
(b) Application equipment for architectural surface coatings is used for commercial and residential
applications.
(c) Any coating operation, which employs only hand-held aerosol cans, where VOC emissions do not
exceed three pounds on any single day.
(d) Any printing operation which employs a combination of printing presses with a maximum of 500
square inches (3226 cm2) of impression area and a maximum of two units per printing press. For the
purposes of this rule, "units" means the number of printing surfaces.
(4) Solvent Cleaning Equipment: Unheated, non-conveyorized, cleaning or coating equipment that does not
include control enclosures:
(a) With an open surface area of one square meter (10.8 square feet) or less and an internal volume of 350
liters (92.5 gallons) or less, having an organic solvent loss of three gallons per day or less, or
(b) Using only organic solvents with an initial boiling point of 302°F (150°C) or greater and having an
organic solvent loss of three gallons per day or less, or
(c) Using materials with a VOC content of two percent or less by volume (20 cubic centimeters per liter).
(5) Internal Combustion Equipment:
(a) Internal combustion engines with a manufacturer's maximum continuous rating of 50 horsepower or
less or a maximum accumulative rating of 250 horsepower or less for engines used in the same process
at one source.
(b) Internal combustion engines used solely as a source of unlimited standby power or emergency
purposes and operated at or below 500 hours per year for routine testing and emergency standby
operation for each internal combustion engine and provided such source demonstrates that the potential
emissions at 500 hours of operation each of all internal combustion engines do not exceed 4,000
pounds of nitrogen oxides or carbon monoxide per year as evidenced by an installed hour meter or
written usage records maintained by the operator; and
(i) Are only used for power when normal power line service fails; or
(ii) Are only used for the emergency pumping of water.
(iii) This exemption does not apply to internal combustion engines used as standby power due to a
voluntary reduction in power by the power company.
(c) Engines used to propel motorized vehicles.
(d) Gas turbines with a maximum heat input at ISO Standard Day Conditions of less than 3,000,000 BTU
(3,162,000 kilojoules) per hour fired exclusively with natural gas and/or liquefied petroleum gas.
(e) Portable internal combustion engines used on a temporary basis of no more than 30 days per calendar
year at any one facility.
(6) Food Equipment:
(a) Equipment, excluding boilers, used in eating establishments or other retail establishments for the
purpose of preparing food for human consumption.
(b) Bakeries:
33

(i) Mixers and blenders used in bakeries where the products are edible and intended for human
consumption.
(ii) Ovens at bakeries whose total production is less than 10,000 pounds (4,535 kg) per operating day.
(7) Miscellaneous:
(a) Diesel contaminated soil remediation projects, where no heat is applied.
(b) Self-contained, enclosed blast and shot peen equipment where the total internal volume of the blast
section is 50 cubic feet or less and where any venting is done via pollution control equipment.
(c) Those laboratory acids which have both a pH above 1.5 and an aggregate daily emission to ambient air
of vapor/mists from all such acids not exceeding three pounds on any single day.
(d) Brazing or welding equipment.
(e) Hand soldering equipment.
(f) A source whose aggregate of all wood working equipment totals 50 horsepower or less.
(g) Equipment used for buffing, carving, cutting, drilling, surface grinding, machining, planing, routing,
sanding, sawing, shredding, or turning of ceramic artwork, precision parts, leather, metals, plastics,
rubber, fiberboard, masonry, carbon, graphite or glass.
(h) Refrigerant recovery equipment.
(i) Building maintenance or janitorial activities.
(j) A source whose aggregate of all miscellaneous equipment, processes or production lines not otherwise
identified in this section has total uncontrolled emissions of less than three pounds (1.4 kg) VOC or
PM10 during any day and less than 5.5 pounds (2.5 kg) of any other regulated air pollutant during any
day.
(k) A person to begin actual construction of a source subject to Rule 372 (Maricopa County Hazardous Air
Pollutants (HAPs) Program) of these rules.
(l) A person to make a modification to a source subject to Rule 372 (Maricopa County Hazardous Air
Pollutants (HAPs) Program) of these rules.
304 GENERAL PERMIT: A General permit shall be required for a person to commence construction of, to operate, or to
modify a source that is a member of a facility class for which a General permit has been developed pursuant to Rule 230 of
these rules. The provisions of Rule 230 of these rules shall apply to General permits, except as otherwise provided in Rule
230 of these rules.
304.1 An owner or operator of a source may apply for a General permit to commence construction of, to operate, or to
modify a source that is a member of a facility class for which a General permit has been developed pursuant to Rule
230 of these rules. The provisions of Rule 230 of these rules shall apply to General permits, except as otherwise
provided in Rule 230 of these rules.
304.2 An owner or operator of a source, which is a member of the class of facilities covered by a General permit, may
apply for an authority to operate under the General permit in lieu of applying for a Non-Title V permit or a Title V
permit.
305 EXEMPTIONS: The activities listed in Sections 305.1 through 305.10 of this rule shall be exempt from obtaining a permit.
However, any single or combination of the following activities, except those activities listed in Sections 305.1 and 305.2 of
this rule, that emit more than 0.5 ton per year of hazardous air pollutants (HAPs) or more than two tons per year of a
regulated air pollutant shall require a permit. Any activity that is exempt from obtaining a permit according to this rule shall
still comply with all other applicable requirements of these rules.
305.1 The following sources shall not require a permit, unless the source is a major source or unless operation without a
permit would result in a violation of the Act:
a. Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.
b. Sources and source categories that would be required to obtain a permit solely because they are subject to 40
CFR 61.145.
34

c. Agricultural equipment used in normal farm operations. Agricultural equipment used in normal farm operations,
for the purposes of this rule, does not include equipment that would be classified as a source that would require
a permit under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61.
305.2 Trivial activities.
305.3 Food Processing Equipment:
a. Any confection cooker and associated venting or control equipment cooking edible products intended for human
consumption.
b. Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of
operation.
305.4 General Combustion Activities:
a. All natural gas and/or liquefied petroleum gas-fired pieces of equipment over 300,000 BTU per hour, only if the
input capacities added together are less than 2,000,000 BTU per hour, the emissions come from fuel burning, and the
equipment is used solely for heating buildings for personal comfort or for producing hot water for personal use.
b. Any oil-fueled heating piece of equipment (except off-spec. oil) with a maximum rate input capacity or an aggregate
input capacity of less than:
(1) 500,000 BTU/hour if only emissions came from fuel burning, or
(2) 1,000,000 BTU/hour if only emissions came from fuel burning and the equipment is used solely for heating
buildings for personal comfort or for producing hot water for personal use.
305.5 Surface Coating And Printing Equipment: Any equipment or activity using no more than 300 gallons per year of
surface coating or any combination of surface coating and solvent, which contains either VOC or hazardous air
pollutants (HAPs) or both.
305.6 Solvent Cleaning Equipment: Any non-vapor cleaning machine (degreaser) or dip-tank having a liquid surface area of
1 square foot (0.09 square meters) or less, or having a maximum capacity of 1 gallon (3.79 liters) or less.
305.7 Internal Combustion (IC) Equipment:
a. IC engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps used
only for emergency replacement or standby service (including testing of same), not to exceed 4,000 pounds of NOx
or CO at 500 hours of operation per year.
b. Any piston-type IC engine with a manufacturer’s maximum continuous rating of no more than 50 brake horsepower
(bhp).
305.8 Laboratories And Pilot Plants: Lab equipment used exclusively for chemical and physical analyses.
305.9 Storage And Distribution:
a. Chemical or petroleum storage tanks or containers that hold 250 gallons or less and would have emissions of a
regulated air pollutant.
b. Any emissions unit, operation, or activity that handles or stores no more than 12,000 gallons of a liquid with a vapor
pressure less than 1.5 psia.
c. Any equipment used exclusively for the storage of unheated organic material with: (1) an initial boiling point of
150 Centigrade (C) (302 Fahrenheit (F)) or greater, as determined by ASTM D1078-11; or (2) a vapor pressure of
no more than 5 millimeters mercury (mmHg) (0.1 pound per square inch (psi) absolute), as determined by ASTM
D2879-11.
d. Any equipment with a capacity of no more than 4,200 gallons (100 barrels) used exclusively to store oil with
specific gravity 0.8762 or higher (30 API or lower), as measured by API test method 2547 or ASTM D1298-12b.
e. Any equipment used exclusively for the storage of liquefied gases in unvented pressure vessels, except for
emergency pressure-relief valves.
f. Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated with
the dry natural gas should not be considered an insignificant activity, unless such ICE or other equipment
independently qualifies as an insignificant activity.
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g. Any equipment used exclusively for the storage of fresh, commercial, or purer grade of: (1) sulfuric or phosphoric
acid with acid content of no more than 99% by weight; or (2) nitric acid with acid content of no more than 70% by
weight.
305.10 Miscellaneous Activities:
a. Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment venting
such blast cleaning equipment.
b. Cooling towers: Any water cooling tower which: (1) has a circulation rate of less than 10,000 gallons per minute;
and (2) is not used to cool process water, water from barometric jets, or water from barometric condensers.
c. Batch mixers with rated capacity of 5 cubic feet or less.
d. Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose
production rate is 200 tons per 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.
e. Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction activities and
with the potential to emit hazardous air pollutant (HAP) metals, provided the total emissions of HAPs do not
exceed 0.5 ton per year.
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. Any aerosol can puncturing or crushing operation that processes less than 500 cans per day provided such
operation uses a closed loop recovery system.
h. Any laboratory fume hood or vent provided such equipment is used exclusively for the purpose of teaching,
research, or quality control.
305 306 DUST CONTROL PERMIT: A Dust Control permit shall be required before a person, including but not limited to, the
property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party
contracting to do the work), general contractor, prime contractor, supervisor, management company, or any person who
owns, leases, operates, controls, or supervises a dust-generating operation subject to the requirements of Rule 310 of these
rules, causes, commences, suffers, allows, or engages in any dust-generating operation that disturbs a total surface area of
0.10 acre (4,356 square feet) or more. The provisions of Rule 310 of these rules shall apply to Dust Control permits, except as
otherwise provided in Rule 310 of these rules.
306 307 SUBCONTRACTOR REGISTRATION:
306.1 307.1 A subcontractor who is engaged in dust-generating operations at a site that is subject to a Dust Control permit that is
issued by a Control Officer and that requires control of PM10 emissions from dust-generating operations shall
register with the Control Officer by submitting information in the manner prescribed by the Control Officer. The
Control Officer shall issue a registration number after payment of the fee. The Control Officer may establish and
assess a fee for the registration based on the total cost of processing the registration and issuance of a registration
number.
306.2 307.2 The subcontractor shall have its registration number readily accessible on-site while conducting any dust-generating
operations. The subcontractor’s registration number must be visible and readable by the public without having to be
asked by the public (e.g., included/posted in a sign that is visible on the subcontractor’s vehicle or equipment,
included/posted on a sign that is visible in the window of the subcontractor’s vehicle or equipment, or
included/posted on a sign where the subcontractor is working on the site).
307 308 PERMIT TO BURN: A permit is required for any open outdoor fire authorized under the exceptions in A.R.S. 49-501 or
Rule 314 of these rules.
308 EXEMPTIONS: Notwithstanding Sections 301, 302, and 303 of this rule, the following sources shall not require a permit,
unless the source is a major source, or unless operation without a permit would result in a violation of the Act:
308.1 Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.
308.2 Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR
61.145.
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308.3 Agricultural equipment used in normal farm operations. Agricultural equipment used in normal farm operations, for
the purposes of this rule, does not include equipment that would be classified as a source that would require a permit
under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61.
309 STANDARDS FOR APPLICATIONS: All permit applications shall be filed in the manner and form prescribed by the
Control Officer. The application shall contain all the information necessary to enable the Control Officer to make the
determination to grant or to deny a permit or permit revision, which shall contain such terms and conditions as the Control
Officer deems necessary to assure a source's compliance with the requirements of these rules. The issuance of any permit or
permit revision shall not relieve the owner or operator from compliance with any federal laws, Arizona laws, or these rules,
nor does any other law, regulation or permit relieve the owner or operator from obtaining a permit or permit revision required
under these rules.
309.1 Insignificant Activities:
a. Rather than supplying detailed information, a Title V source may, in its permit application, list and generally
group insignificant activities, which are defined in Rule 100 – General Provisions and Definitions of these rules
and which are listed in Appendix D-List of Insignificant Activities of these rules. An insignificant activity shall
be any activity, process, or emissions unit that meets all of the following:
(1) Is not subject to a source-specific applicable requirement. Source-specific applicable requirements include
requirements for which emissions unit-specific information is needed to determine applicability.
(2) Is either included in the definition of “insignificant activity” in Rule 100 of these rules or is approved by
the Control Officer and the Administrator of the Environmental Protection Agency (EPA) as an
insignificant activity under this rule.
b. A Non-Title V source is not required to list nor to describe, in a permit application, insignificant activities,
which are defined in Rule 100 – General Provisions and Definitions of these rules and which are listed in
Appendix D-List of Insignificant Activities of these rules. If a Non-Title V source’s emissions are approaching
an applicable requirement, including but not limited to best available control technology (BACT) requirements
or major source status, then such Non-Title V source may be required by Maricopa County to include, in a
permit application, a description of its insignificant activities and emissions calculations for such insignificant
activities. For Title V Permit Applications:
(1) An owner or operator of a Title V source may, in its permit application, list and generally group
insignificant activities. The permit application need not provide emissions data regarding insignificant
activities, except as necessary to complete the assessment required by Rule 210, Section 301.4 of these
rules.
(2) An owner or operator of a Title V source may request approval for the classification of an activity as
insignificant by including such request in its permit application, along with justification that such activity
meets the definition of insignificant activity in Rule 100 of these rules.
(3) An owner or operator of a Title V source shall include information in its permit application regarding
insignificant activities, if such information is needed to determine: (1) the applicability of or to impose any
applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the fee
amount required under these rules. In such cases, emissions calculations or other necessary information
shall be included in the application.
c. An activity, process, or emissions unit that is not included in Appendix D-List of Insignificant Activities of
these rules may be considered an insignificant activity if it meets the definition of insignificant activity in Rule
100 – General Provisions and Definitions of these rules and is approved by the Control Officer and the
Administrator of the Environmental Protection Agency (EPA). A source may request approval for the
classification of an activity as insignificant by including such a request in its permit application, along with
justification that such activity meets the definition of insignificant activity in Rule 100 – General Provisions and
Definitions of these rules. For Non-Title V Permit Applications:
(1) An owner or operator of a Non-Title V source is not required to list or describe, in its permit application,
insignificant activities, which are defined in Rule 100 of these rules, except as necessary to complete the
assessment required by Rule 210, Sections 301.4 of these rules.
(2) If a Non-Title V source’s emissions are approaching an applicable requirement, including but not limited to
best available control technology (BACT) requirements or major source status, then the owner or operator
of such Non-Title V source may be required to include, in its permit application, a description of its
insignificant activities and emissions calculations for such insignificant activities.
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(3) An owner or operator of a Non-Title V source shall include information in its permit application regarding
insignificant activities, if such information is needed to determine: (1) the applicability of or to impose any
applicable requirement; (2) whether the source is in compliance with applicable requirements; or (3) the fee
amount required under these rules. In such cases, emissions calculations or other necessary information
shall be included in the application.
d. An application may not omit information regarding insignificant activities that is needed to determine: (1) the
applicability of or to impose any applicable requirement; (2) whether the source is in compliance with
applicable requirements; or (3) the fee amount required under these rules. In such cases, emissions calculations
or other necessary information shall be included in the application.
309.2 Trivial Activities:
a. A Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, nor
to include the emissions from trivial activities, which are defined in Rule 100 – General Provisions and
Definitions of these rules and which are listed in Appendix E-List of Trivial Activities of these rules. A trivial
activity shall be any activity, process, or emissions unit that, in addition to meeting the criteria for insignificant
activity, has extremely low emissions.
b. A Non-Title V source is not required, in a permit application, to list trivial activities, to describe trivial
activities, nor to include the emissions from trivial activities, which are defined in Rule 100 – General
Provisions and Definitions of these rules and which are listed in Appendix E-List of Trivial Activities of these
rules. No activity, process, or emissions unit that is conducted as part of a manufacturing process or is related to
the source’s primary business activity shall be considered trivial.
c. An activity that is not included in Appendix E-List of Trivial Activities of these rules may be considered a
trivial activity, if such activity meets the definition of trivial activity in Rule 100 – General Provisions and
Definitions of these rules. Trivial activities as defined in Rule 100 of these rules may be omitted from Title V
permit applications and from Non-Title V permit applications.
310 PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are necessary to ensure compliance
with federal laws, Arizona laws, or these rules.
310.1 The Control Officer may require, as specified in Section 310.2 and Section 310.3 Section 310.5 of this rule, any
source of regulated air pollutants to monitor, sample, or perform other studies to quantify emissions of regulated air
pollutants or levels of air pollution that may reasonably be attributable to that source, if the Control Officer:
a. Determines that monitoring, sampling, or other studies are necessary to determine the effects of the source on
levels of air pollution; or
b. Has reasonable cause to believe a violation of this rule, rules adopted pursuant to this rule, or a permit issued
pursuant to this rule has been committed; or
c. Determines that those studies or data are necessary to accomplish the purposes of this rule and that the
monitoring, sampling, or other studies by the source are necessary in order to assess the impact of the source on
the emission of regulated air contaminants.
310.2 The Control Officer may require a source of air contaminants, by permit or order, to perform monitoring, sampling,
or other quantification of its emissions or air pollution that may reasonably be attributed to such a source. Before
requiring such monitoring, sampling, or other quantification by permit or order, the Control Officer shall consider
the relative cost and accuracy of any alternatives which may be reasonable under the circumstances such as emission
factors, modeling, mass balance analyses, or emissions projections. The Control Officer may require such
monitoring, sampling, or other quantification by permit or order if the Control Officer determines in writing that all
of the following conditions are met:
a. The actual or potential emissions of air pollution may adversely affect public health or the environment.
b. An adequate scientific basis for the monitoring, sampling, or quantification method exists.
c. The monitoring, sampling, or quantification method is technically feasible for the subject contaminant and the
source.
d. The monitoring, sampling, or quantification method is reasonably accurate.
e. The cost of the method is reasonable in light of the use to be made of the data.
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310.3 The issuance of a permit or permit revision under this rule shall not relieve the owner or operator of the
responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP) and any other
requirements under local, State, or Federal law.
310.4 The permittee shall comply with all conditions of the permit, including all applicable requirements of Arizona air
quality statutes and the air quality rules. Compliance with permit terms and conditions does not relieve, modify, or
otherwise affect the permittee’s duty to comply with all applicable requirements of Arizona air quality statutes and
the Maricopa County Air Pollution Control Regulations. Any permit non-compliance is grounds for enforcement
action; for a permit termination, revocation, and reissuance or revision; or for permit denial. Non-compliance with
any federally enforceable requirement in a permit constitutes a violation of the Act.
310.3 310.5 Orders issued or permit conditions imposed pursuant to this rule shall be appealable to the hearing board in the same
manner as that prescribed for orders of abatement in A.R.S. § 49-489 and A.R.S. § 49-490 and for permit conditions
in A.R.S. § 49-482.
311 PROHIBITION – PERMIT MODIFICATION: A person shall not willfully deface, alter, forge, counterfeit, or falsify any
permit issued under the provisions of these rules.
312 PERMIT POSTING REQUIRED: Any person who has been granted a permit shall keep a complete permit clearly visible
and accessible on the site where the equipment is installed. All equipment covered by the permit shall be listed in the permit
by a serial number or other equipment identification symbol and shall be identified on a plant diagram.
313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO UNITARY PERMIT PROGRAM;
MINOR NSR TRANSITION: Existing sources are not subject to the minor NSR provisions of Rule 241 of these rules,
unless the source undertakes a minor NSR modification.
313.1 Sources With a Valid Installation, Operating, or Conditional Permit: A valid installation permit or operating permit
issued by the Control Officer or a valid conditional permit issued by the hearing board before September 1, 1993,
and the authority to operate as provided in Laws 1992, Chapter 299, Section 65, continue in effect until:
a. The Control Officer revokes an installation permit.
b. The Control Officer issues or denies a Title V permit or a Non-Title V permit to the source.
c. The hearing board revokes or modifies a conditional permit or the conditional permit expires. A source
operating under a valid conditional permit may continue to operate in accordance with the terms and conditions
of such permit after the expiration of the conditional permit if, at least 30 days prior to the expiration of the
conditional permit, the source submits an application to the Control Officer for a Title V permit as described in
Section 313.2 of this rule or for a Non-Title V permit as described in Section 313.3 of this rule.
313.2 Title V Sources With an Installation, Operating, or Conditional Permit: Following November 29, 1996, the effective
date of the Environmental Protection Agency’s (EPA’s) final interim approval of Maricopa County’s Title V permit
program, a source becomes subject to the requirements of the Title V permit program, when the source meets the
applicability requirements as provided in this rule. Sources which hold a valid installation, operating, or conditional
permit and require a Title V permit shall comply with the following provisions:
a. The owner or operator of the source shall submit a permit application within 180 days of receipt of written
notice from the Control Officer that an application is required or 12 months after the source becomes subject to
the requirements of Title V of the Act and the permit requirements of these rules, whichever is earlier.
b. Any source, which has not yet submitted a Title V permit application, that wishes to make any source change
not requiring a permit, an administrative permit revision, a minor permit revision, or a significant permit
revision shall comply with the applicable provisions of Rule 210 of these rules.
313.3 Non-Title V Sources With an Installation, Operating, or Conditional Permit: Sources requiring a Non-Title V permit
in existence on the date these rules become effective which hold a valid installation, operating, or conditional permit
shall comply with the following provisions:
a. All sources shall submit a permit application to the Control Officer within 90 days of receipt of written notice
from the Control Officer that an application is required.
b. Any source that wishes to make any source change not requiring a permit, an administrative permit revision, a
minor permit revision, or a non-minor permit revision shall comply with the applicable provisions of Rule 220
of these rules.
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313.4 Written Notice: For purposes of this subsection, written notice shall include, but not be limited to, a written warning,
Notice of Violation, or order issued by the Control Officer for constructing or operating an emission source without
a permit. Such a source shall be considered to be in violation of these rules on each day of operation or each day
during which construction continues, until a permit is granted.
313.5 Sources Not Under Permit:
a. All sources not in existence prior to the effective date of these rules shall first submit to the Control Officer an
air quality permit application for the entire source and shall have been issued an air quality permit before
commencing construction of such source.
b. All sources in existence on the date these rules become effective and not holding a valid installation permit
and/or a valid operating permit issued by the Control Officer, which have not applied for a Non-Title V permit
pursuant to these rules, shall submit to the Control Officer a permit application for the entire source.
c. All sources in existence on the date these rules become effective and not holding a valid installation permit
and/or a valid operating permit issued by the Control Officer, which have not applied for a Title V permit
pursuant to these rules, shall submit to the Control Officer a Title V permit application no more than 12 months
after becoming subject to Title V permit requirements.
313.6 Sources Which Currently Have an Installation or Operating Permit:
a. For sources in existence on the date these rules become effective holding a valid installation permit and/or a
valid operating permit issued by the Control Officer, the Control Officer may establish a phased schedule for
acting on permit applications received within the first full year after the source becomes subject to obtaining a
Title V or a Non-Title V permit under these rules. The schedule shall assure that at least one-third of such
applications will be acted on annually over a period not to exceed three years after such effective date. Based on
this schedule, the Control Officer shall review a completed application in accordance with the provisions of
these rules and shall issue or deny the applicable permit within 18 months after the receipt of the completed
application.
b. Any application for an installation permit or an operating permit that is determined to be complete prior to the
effective date of these rules but for which no permit has been issued shall be considered complete for the
purposes of this section. In issuing a permit pursuant to such an application, the Control Officer shall include in
the permit all elements addressed in the application and a schedule of compliance for submitting an application
for a permit revision to address the elements required to be in the permit that were not included in the operating
permit application or in the installation permit application. No later than six months after the effective date of
these rules, the Control Officer shall take final action on an operating permit application or on an installation
permit application determined to be complete prior to the effective date of these rules.
314 ACCELERATED PERMITTING:
314.1 Notwithstanding any other provisions of these rules, the following qualify a source for a request-submittal for
accelerated permit processing: an application for a Title V permit or for a Non-Title V permit; any permit revision;
and any coverage under a general permit. Such a request-submittal shall be submitted in writing to the Control
Officer at least 30 days in advance of filing the application and shall be accompanied by fees as described in Rule
280 of these rules.
314.2 When an applicant has requested accelerated permit processing, the Control Officer may, to the extent practicable,
undertake to process the permit or permit revision in accordance with the following schedule:
a. For applications for initial Title V and Non-Title V permits under Rules 210 and 220 of these rules, for
significant permit revisions under Rule 210 of these rules, or for non-minor permit revisions under Rule 220 of
these rules, final action on the permit or on the permit revision shall be taken within 90 days or after the Control
Officer determines that the application is complete for a Non-Title V source and within 120 days after the
Control Officer determines that the application is complete for a Title V source. Except for a new major source
or a major modification subject to the requirements of Rule 240 of these rules, an application for a new permit,
a significant permit revision, or a permit renewal shall be deemed to be complete unless the Control Officer
notifies the applicant by certified mail within 30 days of receipt of the application that the application is not
complete.
b. For applications for coverage under a general permit under Rule 230 of these rules, final action shall be taken
within 30 days after receipt of the application.
c. For minor permit revisions governed by Rule 210 of these rules and Rule 220 of these rules, the permit revision
shall be issued within 60 days after receipt of the application.
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314.3 Before issuing a permit or permit revision pursuant to this section, the applicant shall pay to the Control Officer all
fees due as described in Rule 280 of these rules. Nothing in this section shall affect the public participation
requirements of Rules 210 or 220 of these rules, or EPA and affected state review as required under Rule 210 of
these rules.
315 STACK HEIGHT PROVISIONS: The degree of emission limitation required of any source of any pollutant shall not be
affected by so much of any source’s stack height that exceeds good engineering practice or by any other dispersion technique
as determined by the procedures of 40 CFR 51.118 and the EPA regulations cross-referenced therein as incorporated by
reference in Appendix G of these rules.
SECTION 400 – ADMINISTRATIVE REQUIREMENTS
401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION:
401.1 The Control Officer shall deny a permit or revision if the applicant does not demonstrate that every such source for
which a permit or permit revision is sought is so designed, controlled, or equipped with such air pollution control
equipment that the source may be expected to operate without emitting or without causing to be emitted air
contaminants in violation of the provisions of these rules or applicable State Implementation Plan (SIP) plan
requirements.
401.2 Prior to acting on an application for a permit, the Control Officer may require the applicant to provide and to
maintain such devices and procedures as are necessary for sampling and for testing purposes in order to secure
information that will disclose the nature, extent, quantity, or degree of air contaminants discharged into the
atmosphere from the source described in the application. In the event of such a requirement, the Control Officer
shall notify the applicant in writing of the type and characteristics of such devices and procedures.
401.3 In acting upon an application for a permit renewal, if the Control Officer finds that such source has not been
constructed in accordance with any prior permit or revision issued pursuant to A.R.S. § 49-480.01, the Control
Officer shall require the permittee to obtain a permit revision or shall deny the permit renewal. The Control Officer
shall not accept any further application for a permit for such source so constructed until the Control Officer finds
that such source has been reconstructed in accordance with a prior permit or a revision, or until a revision to the
permit has been obtained. The Control Officer 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.
401.4 After a decision on a permit or on a permit revision, the Control Officer shall notify the applicant and any person
who filed a comment on the permit pursuant to A.R.S. § 49-480 or on the permit revision pursuant to A.R.S. § 49-
480.01 in writing of the decision, and if the permit is denied, the reasons for such denial. Service of this notification
may be made in person or by first class mail. The Control Officer shall not accept a further application unless the
applicant has corrected the circumstances giving rise to the objections as specified by the Control Officer as reasons
for such denial.
402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION:
402.1 Reopening for Cause:
a. Each issued permit shall include provisions specifying the conditions under which the permit will be reopened
prior to the expiration of the permit. A permit shall be reopened and revised under any of the following
circumstances:
(1) Additional applicable requirements under the Act become applicable to a major source with a remaining
permit term of three or more years. Such a reopening shall be completed not later than 18 months after
promulgation of the applicable requirement. No such reopening is required if the effective date of the
requirement is later than the date on which the permit is due to expire, unless the original permit or any of
its terms and conditions has been extended pursuant to Section 403.2 of this rule. Any permit revision
required pursuant to this rule shall comply with Section 403 of this rule for a permit renewal and shall reset
the five year permit term.
(2) Additional requirements, including excess emissions requirements, become applicable to an affected source
under the Acid Rain Program. Upon approval by the Administrator, excess emissions offset plans shall be
deemed to be incorporated into the Title V permit.
(3) The Control Officer or the Administrator determines that the permit contains a material mistake or that
inaccurate statements were made in establishing the emissions standards or other terms or conditions of the
permit.
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(4) The Control Officer or the Administrator determines that the permit must be revised or revoked to assure
compliance with the applicable requirements.
b. Proceedings to reopen and issue a permit, including appeal of any final action relating to a permit reopening,
shall follow the same procedures as apply to initial permit issuance and shall, except for reopenings under
Section 402.1(a)(1) of this rule, affect only those parts of the permit for which cause to reopen exists. Such
reopening shall be made as expeditiously as is practicable.
c. Action to reopen a permit under this section shall not be initiated before a notice of such intent is provided to
the source by the Control Officer at least 30 days in advance of the date that the permit is to be reopened, except
that the Control Officer may provide a shorter time period in the case of an emergency.
d. When a permit is reopened and revised pursuant to this rule, the Control Officer may make appropriate
revisions to the permit shield established pursuant to Rule 210 of these rules.
402.2 Reopening for Cause by the Administrator:
a. If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to
Section 402.1 of this rule, the Administrator may notify the Control Officer and the permittee of such finding in
writing. Within ten days of receipt of notice from the Administrator that cause exists to reopen a Title V permit,
the Control Officer shall notify the source.
b. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, the Control
Officer shall forward to the Administrator a proposed determination of termination, modification, or revocation
and reissuance of the permit. The Control Officer may request a 90-day extension of this limit if it is necessary
to request a new or revised permit application or additional information from the applicant for, or holder of, a
Title V permit.
c. The Control Officer shall have 90 days from receipt of an objection by the Administrator to attempt to resolve
the objection.
402.3 The Control Officer may issue a notice of termination of a permit issued under these rules if:
a. The Control Officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation.
b. The person applying for the permit failed to disclose a material fact required by the application form or the
regulation applicable to the permit, of which the applicant had or should have had knowledge at the time the
application was submitted.
c. The terms and conditions of the permit have been or are being violated.
402.4 If the Control Officer issues a notice of termination under this rule, the notice shall be served on the permittee by
certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation
and a statement that the permittee is entitled to a hearing.
403 PERMIT RENEWAL AND EXPIRATION:
403.1 Prior to renewing a permit issued under these rules, the Control Officer shall provide notice in the same manner and
form as provided in Rule 210 of these rules.
403.2 The Control Officer shall not renew a permit issued under these rules unless the permittee applies for a permit
renewal prior to the expiration of a permit in the manner required by Rule 210 of these rules. If a timely and
complete application for a permit renewal is submitted, but the Control Officer has failed to issue or deny the
renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal
permit has been issued or denied. Any testing that is required for a renewal shall be completed before the proposed
permit renewal is issued by the Control Officer.
403.3 The Control Officer shall publish notice of a permit renewal decision in the same manner as that provided in Rule
210 of these rules for a Title V permit and as that provided in Rule 220 of these rules for a Non-Title V permit.
404 PERMIT TRANSFERS:
404.1 Except as provided in A.R.S. § 49-429 and Section 404.2 of this rule, a Title V permit, a Non-Title V permit, or a
General permit may be transferred to another person. Before the proposed transfer, the person who holds a valid
Non-Title V permit or a valid General permit shall comply with the administrative permit revision procedures
pursuant to Rule 220, Section 405.1 of these rules. At least 30 days before the proposed transfer, the person who
holds a valid Title V permit shall give notice to the Control Officer in writing and shall comply with the
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administrative permit amendment procedures pursuant to Rule 210, Section 404 of these rules. Permit transfer notice
shall contain the following:
a. The permit number and expiration date.
b. The name, address and telephone number of the current permit holder.
c. The name, address and telephone number of the person to receive the permit.
d. The name and title of the individual within the organization who is accepting responsibility for the permit along
with a signed statement by that person indicating such acceptance.
e. A description of the equipment to be transferred.
f. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability
between the current and new permittee.
g. Provisions for the payment of any fees pursuant to Rule 280 of these rules that will be due and payable before
the effective date of transfer.
h. Sufficient information about the source's technical and financial capabilities of operating the source to allow the
Control Officer to make the decision in Section 404.2 of this rule including:
(1) The qualifications of each person principally responsible for the operation of the source.
(2) A statement by the chief financial officer of the new permittee that it is financially capable of operating the
source in compliance with the law, and the information that provides the basis for that statement.
(3) A brief description of any action for the enforcement of any federal or state law, rule or regulation, or any
county, city or local government ordinance relating to the protection of the environment, instituted against
any person employed by the new permittee and principally responsible for operating the source during the
five years preceding the date of application. In lieu of this description, the new permittee may submit a
copy of the certificate of disclosure or 10-K form required under A.R.S. § 49-109, or a statement that this
information has been filed in compliance with A.R.S. § 49-109.
404.2 The Control Officer shall deny the transfer if the Control Officer determines that the organization receiving the
permit is not capable of operating the source in compliance with Article 3, Chapter 3, Title 49, Arizona Revised
Statutes, the provisions of these rules, or the provisions of the permit. Notice of the denial stating the reason for the
denial shall be sent to the original permit holder by certified mail stating the reason for the denial within ten working
days of the Control Officer's receipt of the application notice. If the transfer is not denied within ten working days
after receipt of the notice, the Control Officer shall approve such permit transfer.
404.3 To appeal the transfer denial:
a. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and
b. The appeal process for a permit shall be followed.
405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE ORDERS
(DCO) OR CONSENT DECREES:
405.1 The terms and conditions of either a DCO or consent decree shall be incorporated into a permit through a permit
revision. In the event the permit expires prior to the expiration of the DCO or consent decree, the DCO or consent
decree shall be incorporated into any permit renewal.
405.2 The owner or operator of a source subject to a DCO or consent decree shall submit to the Control Officer a quarterly
report of the status of the source and construction progress and copies of any reports to the Administrator required
under the order or decree. The Control Officer may require additional reporting requirements and conditions in
permits issued under this rule.
405.3 For the purpose of this rule, sources subject to a consent decree issued by a federal court shall meet the same
requirements as those subject to a DCO.
406 APPEAL: Denial or revocation of a permit shall be stayed by the permittee's written petition for a hearing, filed in
accordance with Rule 400 of these rules.
407 AIR QUALITY IMPACT MODELS:
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407.1 Where the Control Officer requires a person to perform air quality impact modeling, the modeling shall be
performed in a manner consistent with 40 CFR 51, Appendix W, “Guideline On Air Quality Models”, as of July 1,
2004 (and no future amendments or additions), which shall be referred to hereinafter as "Guideline", and is adopted
by reference. the Guideline specified in Rule 240, Section 304 (Permit Requirements For New Major Sources Or
Major Modifications Located In Nonattainment Areas) or Section 305 (Permit Requirements For New Major
Sources Or Major Modifications Located In Attainment Or Unclassificable Areas) of these rules.
407.2 Model Substitution: Where the person can demonstrate that an air quality impact model specified in the Guideline
is inappropriate, on a case-by-case basis, the model may be modified or another model substituted. However, before
such modification or substitution can occur, the Control Officer must make a written finding that:
a. No model in the Guideline is appropriate; or
b. The data base required for the appropriate model in the Guideline is not available; and
c. A model proposed as a substitute or modification is likely to produce results equal or superior to those obtained
by models in the Guideline.
407.3 Model Substitution EPA Approval: Written approval from the Administrator must be obtained for any
modification or substitution. In addition, use of a modified or substituted model must be subject to notice and
opportunity for public comment.
408 TESTING PROCEDURES: Except as otherwise specified, the applicable testing procedures contained in the Arizona
Testing Manual for Air Pollutant Emissions shall be used to determine compliance with standards or permit conditions
established pursuant to these rules.
409 PERMIT FEES: A fee shall be charged for each facility. No permit is valid until the applicable permit fee has been received
and until the permit is issued by the Control Officer.
410 PORTABLE SOURCES:
410.1 An owner or operator of a portable source which will operate for the duration of its permit solely in Maricopa
County shall obtain a permit from the Control Officer for Maricopa County and is subject to Sections 410.2, 410.3,
and 410.4 of this rule. A portable source with a current State of Arizona permit need not obtain a Maricopa County
permit but is subject to Sections 410.3, 410.4, and 410.5 of this rule. Any permit for a portable source shall contain
conditions that will assure compliance with all applicable requirements at all authorized locations. A portable source
that has permit issued by the Director and obtains a permit from the Control Officer for Maricopa County shall
request that the Director terminate the permit. Upon issuance of the permit from the Control Officer for Maricopa
County, the permit issued by the Director is no longer valid.
410.2 An owner or operator of a portable source which has a Maricopa County permit but proposes to operate outside of
Maricopa County, shall obtain a permit from the Director. A portable source that has a permit issued from the
Control Officer for Maricopa County and obtains a permit issued by the Director shall request that the Control
Officer terminate the permit issued by the Control Officer for Maricopa County. Upon issuance of a permit by the
Director, the Control Officer shall terminate the Maricopa County permit for that source permit issued by the
Control Officer for Maricopa County is no longer valid. If the owner or operator relocates the portable source in
Maricopa County, the owner or operator shall notify the Control Officer as required by Section 410.4 of this rule of
the relocation of the portable source. Whenever the owner or operator of a portable source operates a portable source
in Maricopa County, such owner or operator shall comply with all regulatory requirements in these rules.
410.3 An owner of a portable source which requires a permit under this rule, shall obtain the permit prior to renting or
leasing said portable source. This permit shall be provided by the owner to the renter or lessee, and the renter or
lessee shall be bound by the permit provisions. In the event a copy of the permit is not provided to the renter or
lessee, both the owner and the renter or lessee shall be responsible for the operation of the portable source in
compliance with the permit conditions and any violations thereof.
410.4 A portable source may be transported from one location to another within or across Maricopa County boundaries
provided the owner or operator of such portable source notifies the Director and any Control Officer who has
jurisdiction over the geographic area that includes the new location of the portable source by certified mail at least
ten working days before the portable source is transported to the new location. The notification required under this
rule shall include:
a. A description of the portable source to be transported including the Maricopa County permit number or the
State of Arizona permit number for such portable source;
44

b. A description of the present location;
c. A description of the location to which the portable source is to be transported, including the availability of all
utilities, such as water and electricity, necessary for the proper operation of all control equipment;
d. The date on which the portable source is to be moved;
e. The date on which operation of the portable source will begin at the new location; and
f. The duration of operation at the new location.
410.5 An owner or operator of a portable source with a current State of Arizona permit that moves such portable source
into Maricopa County shall notify the Control Officer that such portable source is being transported to a new
location and shall include in such notification a copy of the State of Arizona permit and a copy of any conditions
imposed by the State of Arizona permit. The source shall be subject to all regulatory requirements of these rules.
411 PUBLIC RECORDS; CONFIDENTIALITY:
411.1 The Control Officer shall make all permits, including all elements required to be in the permit pursuant to Rule 210
of these rules and Rule 220 of these rules available to the public.
411.2 A notice of confidentiality pursuant to A.R.S. § 49-487(c) shall:
a. Precisely identify the information in the application documents, which is considered confidential.
b. Contain sufficient supporting information to allow the Control Officer to evaluate whether such information
satisfies the requirements related to trade secrets or, if applicable, how the information, if disclosed, could cause
substantial harm to the person's competitive position.
411.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 411.2 of this rule, the Control
Officer shall make a determination as to whether the information satisfies the requirements for trade secret or
competitive position pursuant to A.R.S. § 49-487(C)(1) and so notify the applicant in writing. If the Control Officer
agrees with the applicant that the information covered by the notice of confidentiality satisfies the statutory
requirements, the Control Officer shall include a notice in the administrative record of the permit application that
certain information has been considered confidential.
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION II - PERMITS AND FEES
RULE 210
TITLE V PERMIT PROVISIONS
INDEX
SECTION 100 - GENERAL
101 PURPOSE
102 APPLICABILITY
SECTION 200 - DEFINITIONS
201 EMISSIONS ALLOWABLE UNDER THE PERMIT
SECTION 300 - STANDARDS
301 PERMIT APPLICATION PROCESSING PROCEDURES
302 PERMIT CONTENTS
303 PERMIT REVIEW BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) AND AFFECTED STATES
304 EMISSION STANDARDS AND LIMITATIONS
305 COMPLIANCE PLAN; CERTIFICATION
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 FEES REQUIRED
402 PERMIT TERM
45

403 SOURCE CHANGES ALLOWED WITHOUT PERMIT REVISIONS
404 ADMINISTRATIVE PERMIT AMENDMENTS
405 MINOR PERMIT REVISIONS
406 SIGNIFICANT PERMIT REVISIONS
407 PERMIT SHIELDS
408 PUBLIC PARTICIPATION
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
Revised 07/13/88
Repealed and Adopted 11/15/93
Revised 02/15/95
Revised 06/19/96
Revised 05/20/98
Revised 02/07/01
Revised 05/07/03
Revised 06/06/07
Revised 07/13/1988; Repealed and Adopted 11/15/1993; Revised 02/15/1995; Revised 06/19/1996; Revised 05/20/1998; Revised
02/07/2001; Revised 05/07/2003; Revised 06/06/2007; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 210
TITLE V PERMIT PROVISIONS
SECTION 100 - GENERAL
101 PURPOSE: To provide an orderly procedure for the review of new Title V sources of air pollution and of the modification
and operation of existing Title V sources through the issuance of Title V permits.
102 APPLICABILITY: Unless otherwise noted, this rule applies to each source requiring a Title V permit or permit revision.
SECTION 200 - DEFINITIONS: See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are
used but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: For the purpose of this
rule, the following definition shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of
these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definition in this rule
takes precedence.
201 EMISSIONS ALLOWABLE UNDER THE PERMIT: An enforceable permit term or condition determined at issuance to
be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an
enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would
otherwise be subject.
SECTION 300 – STANDARDS
301 PERMIT APPLICATION PROCESSING PROCEDURES:
301.1 Standard Application Form And Required Information: To apply for any permit under this rule, applicants shall
complete the "Standard Permit Application Form" and shall supply all information required by the "Filing
Instructions" as shown in Appendix B of these rules.
301.2 Unless otherwise required by Rule 200-Permit Requirements of these rules, a A timely application is:
a. 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.
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a. b. 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.
b. For the initial Phase II acid rain requirement under Rule 371-Acid Rain of these rules of a Title V permit, one
that is submitted to the Control Officer by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for
nitrogen oxides.
c. Any existing source which becomes subject to a standard promulgated by the Administrator under 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.
301.3 If, at the time an application for a permit required by these rules is submitted, an applicable implementation plan
allows the determination of an alternate emission limit, a source may, in its application, propose an emission limit
that is equivalent to the emission limit otherwise applicable to the source under the applicable implementation plan.
The source shall also demonstrate that the equivalent limit is quantifiable, accountable, enforceable, and subject to
replicable compliance determination procedures.
301.4 A complete application is one that satisfies all of the following:
a. To be complete, an application shall provide all information required by Section 301.1-Standard Application
Form And Required Information of this rule. 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 Non-
Title V Permit to a Title V Permit. A responsible official shall certify the submitted information consistent with
Section 301.7-Certification Of Truth, Accuracy, And Completeness of this rule.
b. An application for a new permit or permit revision shall contain an assessment of the applicability of the
requirements of Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing
Major Sources Federal Major New Source Review (NSR) and Rule 241-Permits For New Sources And
Modifications To Existing Sources of these rules. If the proposed new source is a major source, as defined in
Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing Major Sources of
these rules, or the proposed permit revision constitutes a major modification as defined in Rule 100-General
Provisions And Definitions Rule 240 of these rules, then the application shall comply with all applicable
requirements of Rule 240-Permit Requirements For New Major Sources And Major Modifications To Existing
Major Sources of these rules.
c. An application for a new permit or permit revision shall contain an assessment of the applicability of the
requirements of Rule 241-Minor New Source Review (NSR) of these rules. If the applicant determines that the
proposed new source is subject to Rule 241 of these rules, or the proposed permit revision constitutes a minor
NSR modification, the application shall comply with all the applicable requirements of Rule 241 of these rules.
c. An application for a new permit or permit revision shall contain an assessment of the applicability of the
requirements established under Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these
rules. If the proposed new source permit or permit revision is subject to the requirements of Rule 372-Maricopa
County Hazardous Air Pollutants (HAPs) Program of these rules, the application shall comply with all
applicable requirements of Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these
rules.
d. An application to construct or reconstruct any major source of hazardous air pollutants shall contain a
determination that maximum achievable control technology (MACT) for new sources under Section 112 of the
Act will be met. Where MACT has not been established by the Administrator, such determination shall be
made on a case-by-case basis under 40 C.F.R. 63.40 through 63.44, as incorporated by reference in Rule 370-
Federal Hazardous Air Pollutant Program of these rules. For purposes of this section of this rule, constructing or
reconstructing a major source shall have the meaning prescribed in 40 C.F.R. 63.41, as incorporated by
reference in Rule 370-Federal Hazardous Air Pollutant Program of these rules.
e. An application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete, unless
the Control Officer notifies the applicant by certified mail within 60 days of receipt of the application that the
application is not complete. For a proposed new major source or a major modification subject to the
requirements of Rule 240 Permit Requirements For New Major Sources And Major Modifications To Existing
Major Sources Federal Major New Source Review (NSR) of these rules, the permit application shall be deemed
to be submitted on the date that the completeness determination is made under Rule 240-Permit Requirements
For New Major Sources And Major Modifications To Existing Major Sources of these rules.
f. If, while processing an application that has been determined or deemed to be complete, the Control Officer
determines that additional information is necessary to evaluate or to take final action on that application, the
Control Officer may request such information in writing and may set a reasonable deadline for a response.
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Except for minor permit revisions as set forth in Section 405 of this rule, a source's ability to continue operating
without a permit, as set forth in this rule, 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 Control Officer. The Control Officer may, after one submittal by
the applicant under this rule, reject an application that is still determined to be incomplete and shall notify the
applicant of the decision by certified mail.
g. The completeness determination shall not apply to revisions processed through the minor permit revision
process.
h. To be complete, an application for a new permit or an application for a permit revision shall list and generally
group activities, if applicable, which are insignificant as defined in Rule 100-General Provisions And
Definitions of these rules and which are listed in Appendix D-List Of Insignificant Activities of these rules.
Except as necessary to complete the assessment required by Section 301.4 of this rule, The the application need
not provide emissions data regarding insignificant activities. If the Control Officer determines that an activity
listed as insignificant does not meet the requirements of insignificant as defined in Rule 100-General Provisions
And Definitions of these rules and as listed in Appendix D-List Of Insignificant Activities of these rules (i.e., if
emissions estimates are needed for another purpose, such as determining the amount of permit fees) or that
emissions data for the activity is required to complete the assessment required by Section 301.4 of this rule, then
the Control Officer shall notify the applicant in writing and shall specify additional information required.
i. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases
in the permitted source 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.
j. The Control Officer agrees with a notice of confidentiality submitted under A.R.S. §49-487.
301.5 A source that has submitted information with an application under a claim of confidentiality under A.R.S. § 49-487
and Rule 200-Permit Requirements of these rules shall submit a copy of such information directly to the
Administrator.
301.6 Duty To Supplement Or Correct Application: Any applicant who fails to submit any relevant facts or who has
submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect
submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall
provide additional information as necessary to address any requirements that become applicable to the source after
the date it filed a complete application but prior to release of a proposed permit.
301.7 Certification Of Truth, Accuracy, And Completeness: Any application form, report, or compliance certification
submitted under these rules shall contain certification by a responsible official of truth, accuracy, and completeness
of the application as of the time of submittal. This certification and any other certification required under this rule
shall state that, based on information and belief formed after reasonable inquiry, the statements and information in
the document are true, accurate, and complete.
301.8 Action on Application:
a. The Control Officer 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.
b. In addition, the Control Officer may issue, revise, or renew a permit only if all of the following conditions have
been met:
(1) The permit application received must be complete according to Section 301.4 of this rule.
(2) Except for revisions qualifying as administrative or minor under Sections 404 and 405 of this rule, all of the
requirements for public notice and participation under Section 408 of this rule must have been met.
(3) The Control Officer shall have complied with the requirements of Section 303 of this rule for notifying and
responding to affected states and if applicable, other notification requirements of Rule 240, Section 304.2-
Action On Application And Notification Requirements and Rule 240, Section 511.3(b)-Visibility
Protection of these rules.
(4) The conditions of the permit shall require compliance with all applicable requirements.
(5) For permits for which an application is required to be submitted to the Administrator under Section 303.1
of this rule, and to which the Administrator has properly objected to its issuance in writing within 45 days
48

of receipt of the proposed final permit and all necessary supporting information from the Department, the
Control Officer has revised and submitted a proposed final permit in response to the objection and the
Administrator has not objected to this proposed final permit within 45 days of receipt.
(6) For permits to which the Administrator has objected to issuance under a petition filed under 40 C.F.R.
70.8(d), the Administrator’s objection has been resolved.
c. The Control Officer may issue a notice of revocation of a permit issued under this rule if:
(1) The Control Officer has reasonable cause to believe that the permit was obtained by fraud or
misrepresentation.
(2) The person applying for the permit failed to disclose a material fact required by the permit application form
or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the
time the application was submitted.
(3) The terms and conditions of the permit have been or are being violated and the violation has not been
corrected within a reasonable period of time as specified by the Control Officer.
d. If the Control Officer issues a notice of denial or revocation of a permit under this rule, the notice shall be
served on the applicant or permittee by certified mail, return receipt requested. The notice shall include a
statement detailing the grounds for the denial or revocation and explaining that the permit applicant or permittee
is entitled to a hearing under A.R.S. §49-482.
e. The Control Officer 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 Control Officer shall
send this statement to the Administrator and to any other person who requests it.
f. Except as provided in 40 C.F.R. 70.4(b)(11), Rule 200-Permit Requirements of these rules and Rule 240-Permit
Requirements For New Major Sources And Major Modifications To Existing Major Sources, of these rules,
regulations promulgated under Title IV or Title V of the Act, or the permitting of affected sources under the
acid rain program, the Control Officer shall take final action on each permit application (and request for
revision or renewal) within 18 months after receiving a complete application.
g. Priority shall be given by the Control Officer to taking action on applications for construction or modification
submitted under Title I, Parts C-Prevention Of Significant Deterioration and D-New Source Review of the Act.
h. A proposed permit decision shall be published within nine months of receipt of a complete application and any
additional information requested under Section 301.4(e) of this rule to process the application. The Control
Officer shall provide notice of the decision as provided in Section 408 of this rule and any public hearing shall
be scheduled as expeditiously as possible.
301.9 Requirement For A Permit: Except as noted under the provisions in Sections 403 and 405 of this rule, no source
may operate after the time that it is required to submit a timely and complete application, except in compliance with
a permit issued under this rule. However, if a source submits a timely and complete application for permit issuance,
revision, or renewal, the source's failure to have a permit is not a violation of these rules until the Control Officer
takes final action on the application. This protection shall cease to apply if, subsequent to the completeness
determination, the applicant fails to submit, by the deadline specified in writing by the Control Officer, any
additional information identified as being needed to process the application. If a source submits a timely and
complete application for a permit renewal, but the Control Officer has failed to issue or deny the renewal permit
before the end of the term of the previous permit, then the permit shall not expire until the permit renewal has been
issued or denied. This section of this rule does not affect a source’s obligation to obtain a permit revision before
making a modification to the source.
302 PERMIT CONTENTS:
302.1 Each permit issued under this rule shall include the following elements:
a. The date of issuance, the permit term, and the deadline by which the permittee must renew the permit.
b. Enforceable emission limitations and standards including those operational requirements and limitations that
assures compliance with all applicable requirements at the time of issuance.
(1) The permit shall specify and reference the origin of and authority for each term or condition, and identify
any difference in form as compared to the applicable requirement upon which the term or condition is
based.
49

(2) The permit shall state that, where an applicable requirement of the Act is more stringent than an applicable
requirement of regulations promulgated under Title IV of the Act and incorporated under Rule 371-Acid
Rain of these rules, both provisions shall be incorporated into the permit and shall be enforceable by the
Administrator.
(3) Any permit containing an equivalency demonstration for an alternative emission limit submitted under
Section 301.3 of this rule shall contain provisions to ensure that any resulting emissions limit has been
demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
(4) The permit shall specify applicable requirements for fugitive emission limitations, regardless of whether
the source category in question is included in the list of sources contained in the definition of major source
in Rule 100-General Provisions and Definitions of these rules.
c. As necessary, the following requirements with respect to monitoring:
(1) Requirements, including stipulated requirements, concerning the use, maintenance, and, where appropriate,
installation of monitoring equipment or methods;
(2) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental
monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring
sufficient to yield reliable data from the relevant time period that are representative of the source's
compliance with the permit as reported under Section 302.1(d) of this rule. Such monitoring requirements
shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent
with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of
this rule; and
(3) Any emissions monitoring and analysis procedures or test methods required under the applicable
requirements, including any procedures and methods promulgated under Sections 114(a)(3) or 504(b) of
the Act.
d. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and
require, where applicable, the following:
(1) Records of required monitoring information that include the following:
(a) The date, place as defined in the permit, and time of sampling or measurements;
(b) The date(s) analyses were performed;
(c) The name of the company or entity that performed the analysis;
(d) The analytical techniques or methods used;
(e) The results of such analysis; and
(f) The operating conditions as existing at the time of sampling or measurement.
(2) Retention of records of all required monitoring data and support information for a period of at least five
years from the date of the monitoring sample, measurement, report, or application. Support information
includes all calibration and maintenance records and all original strip-chart recordings for continuous
monitoring instrumentation, and copies of all reports required by the permit.
e. With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the
following:
(1) Submittal of reports of any required monitoring at least every six months. All instances of deviations from
permit requirements shall be clearly identified in such reports. All required reports shall be certified by a
responsible official consistent with Section 301.7 and Section 305.1(e) of this rule.
(2) Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as
defined in the permit, the probable cause of such deviations, and any corrective actions or preventive
measures taken. The Control Officer shall define "prompt" in relation to the degree and type of deviation
likely to occur and the applicable requirements.
f. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title
IV of the Act or the regulations promulgated thereunder and incorporated under Rule 371-Acid Rain of these
rules.
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(1) No permit revision shall be required for increases in emissions that are authorized by allowances acquired
under the acid rain program and incorporated under Rule 371-Acid Rain of these rules, provided that such
increases do not require a permit revision under any other applicable requirement.
(2) No limit shall be placed on the number of allowances held by the source. The source may not, however,
use allowances as a defense to non-compliance with any other applicable requirement.
(3) Any such allowance shall be accounted for according to the procedures established in regulations
promulgated under Title IV of the Act.
(4) Any permit issued under the requirements of this rule and Title V of the Act to a unit subject to the
provisions of Title IV of the Act and incorporated under Rule 371-Acid Rain of these rules shall include
conditions prohibiting all of the following:
(a) Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held
by the owners or operators of the unit or the designated representative of the owners or operators.
(b) Exceedances of applicable emission rates.
(c) The use of any allowance prior to the year for which it was allocated.
(d) Violation of any other provision of the permit.
g. A severability clause to ensure the continued validity of the various permit requirements in the event of a
challenge to any portions of the permit.
h. Provisions stating the following:
(1) That the permittee shall comply with all conditions of the permit including all applicable requirements of
Arizona air quality statutes and the air quality rules. Compliance with permit terms and conditions does not
relieve, modify, or otherwise affect the permittee’s duty to comply with all applicable requirements of
Arizona air quality statutes and the Maricopa County Air Pollution Control Regulations. Any permit non-
compliance is grounds for enforcement action; for a permit termination, revocation and reissuance, or
revision; or for denial of a permit renewal application. Non-compliance with any federally enforceable
requirement in a permit constitutes a violation of the Act.
(2) That the permittee shall halt or reduce the permitted activity in order to maintain compliance with
applicable requirements of Federal laws, Arizona laws, these rules, or other conditions of the permit.
(3) That the permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a
request by a permittee for a permit revision, revocation and reissuance, or termination, or of a notification
of planned changes or anticipated noncompliance does not stay any permit condition.
(4) That the permit does not convey any property rights nor exclusive privilege, of any sort.
(5) That the permittee shall furnish to the Control Officer, within a reasonable time, any information that the
Control Officer may request in writing to determine whether cause exists for revising, revoking and
reissuing the permit, or terminating the permit, or to determine compliance with the permit. Upon request,
the permittee shall also furnish to the Control Officer copies of records required to be kept by the permit.
For information claimed to be confidential, the permittee shall furnish a copy of such records directly to the
Administrator along with a claim of confidentiality.
(6) For any major source operating in a nonattainment area for any pollutant(s) for which the source is
classified as a major source, the source shall comply with reasonably available control technology (RACT)
as defined in Rule 100-General Provisions And Definitions of these rules.
(7) For any major source operating in a nonattainment area designated as serious for PM10, for which the
source is classified as a major source for PM10, the source shall comply with the best available control
technology (BACT), as defined in Rule 100-General Provisions And Definitions of these rules, for PM10.
i. A provision to ensure that a source pays fees to the Control Officer under A.R.S. §49-480(D) and Rule 280-
Fees of these rules.
j. A provision stating that no permit revision shall be required under any approved economic incentives,
marketable permits, emissions trading and other similar programs or processes for changes that are provided for
in the permit.
k. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as
approved by the Control Officer. Such terms and conditions:
51

(1) Shall require the source, contemporaneously with making a change from one operating scenario to another,
to record in a log at the permitted source a record of the scenario under which it is operating;
(2) Shall extend the permit shield described in Section 407 of this rule to all terms and conditions under each
such operating scenario; and
(3) Must ensure that the terms and conditions of each such alternative scenario meet all applicable
requirements and the requirements of this rule.
l. Terms and conditions, if the permit applicant requests them, as approved by the Control Officer, for the trading
of emissions increases and decreases in the permitted source, to the extent that the applicable requirements
provide for trading increases and decreases without a case-by-case approval of each emissions trade. Such
terms and conditions:
(1) Shall include all terms required under Section 302.1 and Section 302.3 of this rule to determine
compliance;
(2) May extend the permit shield described in Section 302.4 of this rule to all terms and conditions that allow
such increases and decreases in emissions; and
(3) Shall meet all applicable requirements and requirements of this rule.
m. Terms and conditions, if the permit applicant requests them and they are approved by the Control Officer,
setting forth intermittent operating scenarios including potential periods of downtime. If such terms and
conditions are included, the county's emissions inventory shall not reflect the zero emissions associated with the
downtime.
n. If a permit applicant requests it, the Control Officer shall issue permits that contain terms and conditions
allowing for the trading of emission increases and decreases in the permitted source 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. The Control Officer shall not
be required to include in the emissions trading provisions any emissions units for which emissions are not
quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall
also require compliance with all applicable requirements. Changes made under this section of this rule shall not
include modifications under any provision of Title I of the Act and may not exceed emissions allowable under
the permit. The terms and conditions shall include notice that (1) conforms to Section 403.4 and Section 403.5
of this rule and (2) describes how the increases or decreases in emissions will comply with the terms and
conditions of the permit.
o. Such terms and conditions as are consistent with the requirements of this rule, of Rule 100-General Provisions
And Definitions of these rules and of the Clean Air Act and are found by the Control Officer to be necessary.
302.2 Federally Enforceable Requirements: All terms and conditions in a Title V Permit shall be enforceable by the
Administrator and citizens under the Act, including any provisions designed to limit a source’s potential to emit.
However, the Control Officer shall specifically designate as not being federally enforceable under the Act any terms
and conditions included in the Title V Permit that are not required under the Act or under any of its applicable
requirements.
302.3 All applications for a permit required by this rule shall include a compliance plan meeting the requirements of
Section 503 of the Act.
302.4 Each permit shall include the applicable permit shield provisions set forth in Section 407 of this rule.
302.5 A Title V permit issued to a major source shall require that revisions be made under Rule 200-Permit Requirements
of these rules to incorporate additional applicable requirements adopted by the Administrator under the Act that
become applicable to a source with a permit with a remaining permit term of three or more years. No revision shall
be required if the effective date of the applicable requirements is after the expiration of the permit. The revisions
shall be made as expeditiously as practicable, but not later than 18 months after the promulgation of such standards
and regulations. Any permit revision required under this section of this rule shall comply with provisions in Rule
200-Permit Requirements of these rules for permit renewal and shall reset the five year permit term.
303 PERMIT REVIEW BY THE EPA AND AFFECTED STATES:
303.1 Except as provided in Section 301.5 of this rule and as waived by the Administrator, for each Title V permit, a copy
of each of the following shall be provided to the Administrator as follows:
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a. The applicant shall provide a complete copy of the application, including any attachments, compliance plans,
and other information required by Section 301.4 of this rule at the time of submittal of the application to the
Control Officer.
b. The Control Officer shall provide the proposed final permit after public and affected State review.
c. The Control Officer shall provide the final permit at the time of issuance.
303.2 The Control Officer may require the application information to be submitted in a computer-readable format
compatible with the Administrator’s national database management system.
303.3 The Control Officer shall keep all records associated with all permits including those records containing the
calculations and rationale supporting the Control Officer's decision to issue a permit for a minimum of five years
from permit issuance.
303.4 No permit for which an application is required to be submitted to the Administrator under Section 303.1 of this rule
shall be issued if the Administrator properly objects to its issuance in writing within 45 days of receipt of the
proposed final permit from the Control Officer and all necessary supporting information.
303.5 Review By Affected States:
a. For each Title V permit, the Control Officer shall provide notice of each proposed permit to any affected State
on or before the time that the Control Officer provides this notice to the public as required under Section 408 of
this rule except to the extent Section 405 of this rule requires the timing of the notice to be different.
b. If the Control Officer refuses to accept a recommendation of any affected State submitted during the public or
affected State review period, the Control Officer shall notify the Administrator and the affected State in writing.
The notification shall include the Control Officer's reasons for not accepting any such recommendation and
shall be provided to the Administrator as part of the submittal of the proposed final permit. The Control Officer
shall not be required to accept recommendations that are not based on federal applicable requirements or
requirements of state law.
303.6 Any person who petitions the Administrator under 40 C.F.R. 70.8(d) shall notify the Control Officer by certified
mail of such petition as soon as possible, but in no case more than 10 days following such petition. Such notice shall
include the grounds for objection and whether such objections were raised during the public comment period. A
petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the
end of the 45-day administrative review period and prior to the Administrator’s objection.
303.7 If the Control Officer has issued a permit prior to receipt of the Administrator’s objection under this rule, and the
Administrator indicates that a permit should be revised or revoked and reissued, the Control Officer shall respond
consistent with Rule 200-Permit Requirements of these rules and may thereafter issue only a revised permit that
satisfies the Administrator’s objection. In any case, the source shall not be in violation of the requirement to have
submitted a timely and complete application.
303.8 Prohibition on Default Issuance:
a. No Title V permit including a permit renewal or revision shall be issued until affected States and the
Administrator have had an opportunity to review the proposed permit.
b. No permit or renewal shall be issued unless the Control Officer has acted on the application.
304 EMISSION STANDARDS AND LIMITATIONS: Wherever applicable requirements apply different standards or
limitations to a source for the same item, all applicable requirements shall be included in the permit.
305 COMPLIANCE PLAN; CERTIFICATION:
305.1 All permits shall contain the following elements with respect to compliance:
a. The following monitoring requirements sufficient to assure compliance with the terms and conditions of the
permit:
(1) Any emissions monitoring and analysis procedures or test methods required under the applicable
requirements, including any procedures and methods promulgated under Section 114(a)(3) or 504(b) of the
Act;
(2) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental
monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring
sufficient to yield reliable data from the relevant time period that are representative of the source's
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compliance with the permit, as reported under Section 305.1(c) of this rule. Such monitoring requirements
shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent
with the applicable requirements; and
(3) Requirements concerning the use, maintenance, and, where appropriate, installation of monitoring
equipment or methods.
b. All applicable recordkeeping requirements, as described in Section 302.1(d) of this rule.
c. All applicable reporting requirements including the following:
(1) Submittal of reports of any required monitoring at least every six months. All instances of deviations from
permit requirements shall be clearly identified in such reports. All required reports shall be certified by a
responsible official consistent with Section 305.1(e) of this rule.
(2) Reporting within two working days from knowledge of deviations from permit requirements, including
those attributable to upset conditions as defined in the permit and the probable cause of such deviations.
Reporting within a reasonable time of any long-term corrective actions or preventative measures taken.
d. Requirements for compliance certification with terms and conditions contained in the permit, including
emission limitations, standards, or work practices. Permits shall include each of the following:
(1) The frequency for submissions of compliance certifications, which shall not be less than annually;
(2) The means to monitor the compliance of the source with its emissions limitations, standards, and work
practices;
(3) A requirement that the compliance certification include the following:
(a) The identification of each term or condition of the permit that is the basis of the certification;
(b) The compliance status;
(c) Whether compliance was continuous or intermittent;
(d) The method(s) used for determining the compliance status of the source, currently and over the
reporting period; and
(e) Other facts the Control Officer may require to determine the compliance status of the source.
(4) A requirement that all compliance certifications be submitted to the Control Officer and to the
Administrator;
(5) Additional requirements specified in Sections 114(a)(3) and 504(b) of the Act or under Rule 220-Non-Title
V Permit Provisions, Section 304-Permits Containing Voluntarily Accepted Emissions Limitations,
Controls, Or Other Requirements (Synthetic Minor) of these rules.
e. A requirement for any document required to be submitted by a permit, including reports, to contain a
certification by a responsible official of truth, accuracy, and completeness. This certification and any other
certification required under this rule shall state that, based on information and belief formed after reasonable
inquiry, the statements and information in the document are true, accurate, and complete.
f. Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of
proper credentials, to:
(1) Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or
where records are required to be kept under the conditions of the permit;
(2) Have access to and copy, at reasonable times, any records that are required to be kept under the conditions
of the permit;
(3) Inspect, at reasonable times, any sources, equipment (including monitoring and air pollution control
equipment), practices, or operations regulated or required under the permit;
(4) Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance
with the permit or other applicable requirements; and
(5) To record any inspection by use of written, electronic, magnetic, and photographic media.
g. A compliance plan that contains all of the following:
(1) A description of the compliance status of the source with respect to all applicable requirements.
54

(2) A description as follows:
(a) For applicable requirements with which the source is in compliance, a statement that the source will
continue to comply with such requirements.
(b) For applicable requirements that will become effective during the permit term, a statement that the
source will meet such requirements on a timely basis.
(c) For requirements with 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.
(3) A compliance schedule as follows:
(a) For applicable requirements with which the source is in compliance, a statement that the source will
continue to comply with such requirements.
(b) 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 rule,
unless a more detailed schedule is expressly required by the applicable requirement.
(c) A schedule of compliance for sources that are not in compliance with all applicable requirements at the
time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an
enforceable sequence of actions with milestones, leading to compliance with any applicable
requirement for which the source will be in noncompliance at the time of permit issuance. This
compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent
decree or administrative order to which the source is subject. Any such schedule of compliance shall
be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which
it is based.
(4) A schedule for submission of certified progress reports no less frequently than every six months for sources
required to have a schedule of compliance to remedy a violation. Such schedule shall contain:
(a) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance,
and dates when such activities, milestones or compliance were achieved; and
(b) An explanation of why any dates in the schedule of compliance were not or will not be met, and any
preventive or corrective measures adopted.
(5) The compliance plan content requirements specified in Section 305.1(g) of this rule shall apply and be
included in the acid rain portion of a compliance plan for an affected source, except as specifically
superseded by regulations promulgated under Title IV of the Act and incorporated under Rule 371-Acid
Rain of these rules with regard to the schedule and method(s) the source will use to achieve compliance
with the acid rain emissions limitations.
h. If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the
FIP is required.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 FEES REQUIRED: Persons subject to this rule shall pay the fees required, as set forth in Rule 280-Fees of these rules.
402 PERMIT TERM: A Title V Permit shall remain in effect for no more than five years.
403 SOURCE CHANGES ALLOWED WITHOUT PERMIT REVISIONS:
403.1 A source with a Title V permit may make changes that contravene an express permit term without a permit revision
if all of the following apply:
a. The changes are not modifications under any provision of Title I of the Act or under A.R.S. §49-401.01(24) or
as defined in Rule 100-General Provisions And Definitions of these rules;
b. The changes do not result in emissions that exceed the emissions allowable under the permit whether expressed
therein as a rate of emissions or in terms of total emissions;
c. The changes do not violate any applicable requirements or trigger any additional applicable requirements;
d. The changes meet all requirements for processing as a minor permit revision under Section 405 of this rule;
55

e. The changes do not violate federally enforceable permit terms and conditions that are monitoring (including test
methods), recordkeeping, reporting, or compliance certification requirements; and
f. The changes do not constitute a minor NSR modification.
403.2 The substitution of an item of process or pollution control equipment for an identical or substantially similar item of
process or pollution control equipment shall qualify as a change that does not require a permit revision, if it meets all
of the requirements of Sections 403.1, 403.4, and 403.5 of this rule.
403.3 Except for sources with authority to operate under general permits, permitted sources may trade increases and
decreases in emissions within the permitted source, as established in the permit under Section 302.1(l) of this rule,
where an applicable implementation plan provides for such emissions trades, without applying for a permit revision
and based on the seven working days notice prescribed in Section 403.4 of this rule. This provision is available in
those cases where the permit does not already provide for such emissions trading, and shall not include any
emissions units for which emissions are not quantifiable nor for which there are no replicable procedures to enforce
the emissions trades.
403.4 For each such change under Sections 403.1 and 403.3 of this rule, a written notice either by hand delivery or by
certified mail shall be received by the Control Officer and the Administrator, a minimum of seven working days in
advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions
necessitating the replacement of equipment, may be provided less than seven working days in advance of the change
but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the
change as possible.
403.5 Each notification shall include:
a. When the proposed change will occur.
b. A description of each such change.
c. Any change in emissions of regulated air pollutants.
d. The pollutants emitted subject to the emissions trade, if any.
e. The provisions in the implementation plan that provide for the emissions trade with which the source will
comply and any other information as may be required by the provisions in the implementation plan authorizing
the trade.
f. If the emissions trading provisions of the implementation plan are invoked, then the permit requirements with
which the source will comply.
g. Any permit term or condition that is no longer applicable as a result of the change.
403.6 The permit shield described in Section 407 of this rule shall not apply to any change made under Section 403.1
through Section 403.3 of this rule. Compliance with the permit requirements that the source will meet using the
emissions trade shall be determined according to requirements of the implementation plan authorizing the emissions
trade.
403.7 Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another,
as provided in Section 302.1(k) of this rule, shall not require any prior notice under this rule.
403.8 Notwithstanding any other part of this rule, the Control Officer may require a permit to be revised for any change
that, when considered together with any other changes submitted by the same source under this rule over the term of
the permit, does not satisfy Section 403.1 of this rule.
403.9 403.8 The Control Officer shall make available to the public monthly summaries of all notices received under this rule.
404 ADMINISTRATIVE PERMIT AMENDMENTS:
404.1 Except for provisions to Title IV of the Act, an administrative permit amendment is a permit revision that does any
of the following:
a. Corrects typographical errors;
b. Identifies a change in the name, address, or phone number of any person identified in the permit or provides a
similar minor administrative change at the source;
c. Requires more frequent monitoring or reporting by the permittee; or
d. Allows for a change in ownership or operational control of a source under Rule 200-Permit Provisions of these
rules, where the Control Officer determines that no other change in the permit is necessary, provided that a
56

written agreement containing a specific date for transfer of permit responsibility coverage and liability between
the current and new permittee has been submitted to the Control Officer.
404.2 Administrative permit amendments to Title IV provisions of the permit shall be governed by regulations
promulgated by the Administrator under Title IV of the Act or incorporated under Rule 371-Acid Rain of these
rules.
404.3 The Control Officer shall take no more than 60 days from receipt of a request for an administrative permit
amendment to take final action on such request. Title V permits may incorporate such changes without providing
notice to the public or affected States provided that such permits designate that such permit revisions have been
made under this rule.
404.4 The Control Officer shall submit a copy of Title V permits revised under this rule to the Administrator.
404.5 Source's Ability To Make A Change: Except for permit transfers described in Rule 200-Permit Provisions of these
rules, the source may implement the changes addressed in the request for an administrative permit amendment
immediately upon submittal of the request.
405 MINOR PERMIT REVISIONS:
405.1 Minor permit revision procedures may be used only for those changes at a Title V source that satisfy all of the
following:
a. Do not violate any applicable requirement;
b. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the
permit;
c. Do not require or change:
(1) A case-by-case determination of an emission limitation or other standard,
(2) A source specific determination of ambient impacts, or
(3) A visibility or increment analysis.
d. Do not seek to establish nor to change a Title V permit term or condition for which there is no corresponding
underlying applicable requirement and that the Title V source has assumed in order to avoid an applicable
requirement to which the Title V source would otherwise be subject. Such terms and conditions include:
(1) A federally enforceable emissions cap which the Title V source would assume to avoid classification as a
modification under any provision of Title I of the Act; and
(2) An alternative emissions limit approved under regulations promulgated under the Section 112(i)(5) of the
Act.
e. Are not modifications under any provision of Title I of the Act. or Rule 372-Maricopa County Hazardous Air
Pollutants (HAPs) Program of these rules.
f. Are not changes in fuels not represented in the permit application or provided for in the Title V permit.
g. The increase in the Title V source's potential to emit for any regulated air pollutant is not significant as defined
in Rule 100-General Provisions And Definitions of these rules. Are not minor NSR modifications for which
public participation is required under Rule 241 of these rules; and
h. Are not required to be processed as a significant permit revision under Section 406 of this rule.
405.2 As approved by the Control Officer, minor permit revision procedures may be used for Title V permit revisions
involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to
the extent that such minor permit revision procedures are explicitly provided for in an applicable implementation
plan or in applicable requirements promulgated by the Administrator.
405.3 To request a minor permit revision, a source shall complete the “Standard Permit Application Form” and shall
include the following information:
a. A description of the change, the emissions resulting from the change, and any new applicable requirements that
will apply if the change occurs;
b. For any source that is making the change immediately after it files the application, the Title V source's
suggested draft permit; and
c. Certification by a responsible official that the proposed revision meets the criteria for use of minor permit
revision procedures and a request that such procedures be used.
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405.4 EPA and Affected State Notification: Within five working days of the Control Officer’s receipt of an application
for a minor permit revision, the Control Officer shall notify the Administrator and affected States of the requested
permit revision in accordance with Section 303 of this rule.
405.5 The Control Officer shall not issue a final permit revision until after the Administrator’s 45-day review period or
until the Administrator has notified the Control Officer that the Administrator will not object to issuance of the
permit revision, whichever is first. Although, although the Control Officer may approve the permit revision prior to
that time. Within 90 days of the Control Officer's receipt of an application under minor permit revision procedures,
or 15 days after the end of the Administrator’s 45-day review period, whichever is later, the Control Officer shall do
one or more of the following:
a. Issue the permit revision as proposed;
b. Deny the permit revision application;
c. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be
reviewed under the significant permit revision procedures; and/or
d. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as
required in Section 303 of this rule.
405.6 Source's Ability to Make Change: The source may make the change proposed in its minor permit revision
application immediately after it files the application, unless the revision triggers minor New Source Review (NSR)
under Rule 241 of these rules. After the a Title V source makes the change allowed by the preceding sentence, and
until the Control Officer takes any of the actions specified in Section 405.5 of this rule, the source shall comply with
both the applicable requirements governing the change and the proposed revised permit terms and conditions.
During this time period, the Title V source need not comply with the existing permit terms and conditions it seeks to
modify. However, if the Title V source fails to comply with its proposed permit terms and conditions during this
time period, the Control Officer may enforce existing permit terms and conditions, which the Title V source seeks to
revise.
405.7 Permit Shield: The permit shield under Section 407 of this rule shall not extend to minor permit revisions.
405.8 Notwithstanding any other part of this rule, the Control Officer may require a permit to be revised under Section 406
of this rule for any change that, when considered together with any other changes submitted by the same source
under this rule or under Section 404 of this rule over the life of the permit, do not satisfy Section 405.1 of this rule.
405.9 The Control Officer shall make available to the public monthly summaries of all applications for minor permit
revisions.
406 SIGNIFICANT PERMIT REVISIONS:
406.1 A significant permit revision shall be used for an application requesting a permit revision that does not qualify as a
minor permit revision nor as an administrative permit amendment.
406.2 A significant permit revision that is only required because of a change described in Section 405.1(f) or Section
405.1(g) of this rule shall not be considered a significant permit revision under Part 70 for the purposes of 40 C.F.R.
64.5(a)(2). Every significant change in existing monitoring permit terms or conditions and every relaxation of
reporting or recordkeeping permit terms or conditions shall follow significant permit revision procedures.
406.3 Any modification to a major source of federally listed hazardous air pollutants, and any reconstruction of a source,
or a process or production unit, under Section 112(g) of the Act and regulations promulgated thereunder, shall
follow significant permit revision procedures. and Rule 372-Maricopa County Hazardous Air Pollutants (HAPs)
Program of these rules.
406.4 All modifications to sources subject to Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of
these rules shall follow significant permit revision procedures.
406.5 406.4 Significant permit revisions shall meet all requirements of this rule for applications, public participation, review by
affected States, and review by the Administrator, that apply to permit issuance and renewal.
406.6 The Control Officer shall process the majority of significant permit revision applications received each calendar year
within nine months of receipt of a complete permit application but in no case longer than 18 months. Applications
for which the Control Officer undertakes the accelerated permitting process, under Rule 200, Section 312 of these
rules, shall not be included in this requirement. Section 406.7 of this rule does not change any time-frame
requirements in Section 301 of this rule.
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407 PERMIT SHIELDS:
407.1 Each Title V permit issued under this rule shall specifically identify all federal, state, and local air pollution control
requirements applicable to the Title V source at the time the Title V permit is issued. The Title V permit shall state
that compliance with the conditions of the Title V permit shall be deemed compliance with any applicable
requirement as of the date of Title V permit issuance, provided that such applicable requirements are included and
expressly identified in the Title V permit. The Control Officer may include in a Title V permit determination that
other requirements specifically identified are not applicable. Any Title V permit issued under this rule that does not
expressly state that a permit shield exists shall not provide such a shield.
407.2 Nothing in this rule or in any permit shall alter or affect the following:
a. The provisions of Section 303 of the Act-Emergency Orders, including the authority of the Administrator under
that section.
b. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the
time of permit issuance.
c. The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act.
d. The ability of the Administrator or of the Control Officer to obtain information from a source under Section 114
of the Act, or any provision of State law.
e. The authority of the Control Officer to require compliance with new applicable requirements adopted after the
permit is issued.
407.3 In addition to the provisions of Rule 200-Permit Requirements of these rules, a permit shall be reopened by the
Control Officer and the permit shield revised, when it is determined that standards or conditions in the permit are
based on incorrect information provided by the applicant.
408 PUBLIC PARTICIPATION:
408.1 The Control Officer shall provide public notice, an opportunity for public comment, and an opportunity for a hearing
before taking any of the following actions for a source required to obtain a permit under Title V of the Clean Air
Act:
a. Issuing, denying, or renewing a permit.
b. Issuing or denying a significant permit revision.
c. Revoking and reissuing or reopening a permit.
d. Issuing a conditional order under Rule 120-Conditional Orders of these rules.
e. Granting a variance from a general permit under Rule 230-General Permits of these rules. and Rule 372-
Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules.
408.2 The Control Officer shall provide public notice of receipt of complete applications for major sources permits or
permit revisions subject to Rule 240 of these rules by publishing a notice in a newspaper of general circulation in
Maricopa County.
408.3 The Control Officer shall provide the notice required under Section 408.1 of this rule as follows:
a. The Control Officer shall publish the notice once each week for two consecutive weeks in two newspapers of
general circulation in the county where the source is or will be located.
b. The Control Officer shall mail a copy of the notice to persons on a mailing list developed by the Control Officer
consisting of those persons who have requested in writing to be placed on such a mailing list.
c. The Control Officer shall give notice by other means if necessary to assure adequate notice to the affected
public.
408.4 The notice required by Section 408.3 of this rule shall include the following:
a. Identification of the affected facility;
b. Name and address of the permittee or applicant;
c. Name and address of the permitting authority processing the permit action;
d. The activity or activities involved in the permit action;
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e. The emissions change involved in any permit revision;
f. The air contaminants to be emitted;
g. A statement that any person may submit written comments, or a written request for a public hearing, or both, on
the proposed permit action along with the deadline for such requests or comments;
h. The name, address, and telephone number of a person from the Department from whom additional information
may be obtained;
i. Locations where copies of the permit or permit revision application, the proposed permit, and all other materials
available to the Control Officer that are relevant to the permit decision may be reviewed, including the closest
Department office, and the times at which such materials shall be available for public inspection;
j. A summary of any notice of confidentiality filed under Rule 100-General Provisions And Definitions of these
rules; and
k. If applicable, a statement that the source has submitted a risk management analysis (RMA) under Rule 372-
Maricopa County Hazardous Air Pollutants (HAPs) Program of these rules.
l. k. A statement in the public record if the permit or permit revision would result in the generation of emission
reduction credits under A.A.C. R18-2-1204-Title 18, Chapter 2, Article 12 or the utilization of emission
reduction credits under A.A.C. R18-2-1206-Title 18, Chapter 2, Article 12; and
l. The Control Officer’s preliminary determination whether the application for a permit or permit revision should
be approved or disapproved.
408.5 The Control Officer shall hold a public hearing to receive comments on petitions for conditional orders, which
would vary from requirements of the applicable implementation plan. For all other actions involving a proposed
permit, the Control Officer shall hold a public hearing only upon written request. If a public hearing is requested, the
Control Officer shall schedule the hearing and publish notice as described in A.R.S. §49-498 and in Section 408.4 of
this rule. The Control Officer shall give notice of any public hearing at least 30 days in advance of the hearing.
408.6 At the time the Control Officer publishes the first notice under Section 408.3(a) of this rule, the applicant shall post
a notice containing the information required in Section 408.4 of this rule at the site where the source is or may be
located. Consistent with federal, State, and local law, the posting shall be prominently placed at a location under the
applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway.
If a public hearing is to be held, the applicant shall place an additional posting providing notice of the hearing. Any
posting shall be maintained until the public comment period is closed.
408.7 The Control Officer shall provide at least 30 days from the date of the first notice for public comment to receive
comments and requests for a hearing. The Control Officer shall keep a record of the commenters and of the issues
raised during the public participation process and shall prepare written responses to all comments received. At the
time a final decision is made proposed permit is submitted to the EPA, the record and copies of the Control Officer's
responses shall be made available to the applicant and to all commenters.
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION II - PERMITS AND FEES
RULE 220
NON-TITLE V PERMIT PROVISIONS
INDEX
SECTION 100 - GENERAL
101 PURPOSE
102 APPLICABILITY
SECTION 200 – DEFINITIONS (NOT APPLICABLE)
SECTION 300 - STANDARDS
301 PERMIT APPLICATION PROCESSING PROCEDURES
302 PERMIT CONTENTS
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303 COMPLIANCE PLANS
304 PERMITS CONTAINING VOLUNTARILY ACCEPTED EMISSIONS LIMITATIONS, CONTROLS, OR
OTHER REQUIREMENTS (SYNTHETIC MINOR)
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 FEES REQUIRED
402 PERMIT TERM
403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT REVISIONS
404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE A NON-TITLE V PERMIT REVISION
405 PERMIT REVISIONS
406 PERMIT REVISIONS PROCEDURES
407 PUBLIC PARTICIPATION
408 AMENDMENTS TO A PERMIT
SECTION 500 - MONITORING AND RECORDS
501 LOG RETENTION REQUIREMENT
502 LOG FORMAT SPECIFICATIONS
503 LOG FILING
Revised 07/13/88
Repealed And Adopted 11/15/93
Revised 02/15/95
Revised 06/19/96
Revised 03/04/98
Revised 07/26/00
Revised 05/07/03
Revised 06/06/07
Revised 07/13/1988; Repealed And Adopted 11/15/1993; Revised 02/15/1995; Revised 06/19/1996; Revised 03/04/1998; Revised
07/26/2000; Revised 05/07/2003; Revised 06/06/2007; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 220
NON-TITLE V PERMIT PROVISIONS
SECTION 100 - GENERAL
101 PURPOSE: To provide an orderly procedure for the review of Non-Title V sources of air pollution through the issuance of
Non-Title V permits.
102 APPLICABILITY: This rule applies to each source requiring a Non-Title V permit or permit revision.
SECTION 200 - DEFINITIONS (NOT APPLICABLE) See Rule 100-General Provisions And Definitions of these rules for
definitions of terms that are used but not specifically defined in this rule.
SECTION 300 - STANDARDS
301 PERMIT APPLICATION PROCESSING PROCEDURES:
301.1 Standard Application Form And Required Information: To apply for a permit under this rule, applicants shall
complete a permit application filed in the manner and form prescribed by the Control Officer. The Control Officer,
either upon the Control Officer's own initiative or upon the request of a permit applicant, may waive the requirement
that specific information or data for a particular source or category of sources be submitted in the Non-Title V
permit application. However, the Control Officer must determine that the information or data would be unnecessary
to determine all of the following:
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a. The applicable requirements to which the source may be subject;
b. The design and control of the air pollution control equipment such that the source may be expected to operate
without emitting or without causing to be emitted air contaminants in violation of these rules;
c. The fees to which the source may be subject under Rule 280-Fees of these rules; and
d. A proposed emission limitation, control, or other requirement that meets the requirements of Section 304 of this
rule.
301.2 Permit Application And A Compliance Plan:
a A permit application, required by this rule, shall include a compliance plan, if applicable, which meets the
requirements of Section 303 of this rule when a notice of violation has been issued and not resolved at the time
the permit application is filed.
b. A permit application, required by this rule, can include a compliance plan, if applicable, which meets the
requirements of Section 303 of this rule when the following circumstances occur:
(1) When a source is not in compliance with these rules but has not been issued a notice of violation,
(2) Under other circumstances determined by the Control Officer.
301.3 A Timely Permit Application:
a. For a source, other than a major source, applying for a permit for the first time, 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.
a. b. Unless otherwise required by Rule 200-Permit Requirements of these rules and for 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.
b. c. Unless otherwise required by Rule 200-Permit Requirements of these rules and for any existing source which
becomes subject to a standard promulgated by the Administrator under Section 112(d) of the Act-Hazardous Air
Pollutants-Emission Standards, a timely application is a permit revision application that is submitted within 12
months of the date on which the standard is promulgated. Such If such standard requires the source to obtain a
Title V permit, then the permit revision application shall be subject to Rule 210-Title V Permit Provisions of
these rules.
301.4 A complete application is one that satisfies all of the following:
a. To be complete, an application shall provide all information required under Section 301.1 of this rule, except
that notifications of permit revision need supply such information only if it is related to the proposed change. A
responsible official shall certify the submitted information, consistent with Section 301.6 of this rule.
b. To be complete, an application for a new permit or a notification of a permit revision shall contain an
assessment of the applicability of the requirements of Rule 241-Permits For New Sources And Modifications
To Existing Sources Minor New Source Review (NSR) of these rules and shall comply with all applicable
requirements of Rule 241-Permits For New Sources And Modifications To Existing Sources Minor New Source
Review (NSR) of these rules. If the applicant determines that the proposed new source is subject this Rule 241
of these rules, or the proposed permit revision constitutes a minor NSR modification, then the application shall
comply with all applicable requirements of Rule 241 of these rules.
c. To be complete, an application for a new permit or a notification of a permit revision shall contain an
assessment of the applicability of the requirements established under Rule 372-Maricopa County Hazardous Air
Pollutants (HAPs) Program of these rules. If the proposed new source permit or the proposed permit revision is
subject to the requirements of Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program of these
rules, the application shall comply with all applicable requirements of Rule 372-Maricopa County Hazardous
Air Pollutants (HAPs) Program of these rules.
d. c. An application for a new permit, a notification of a permit revision, or a permit renewal shall be deemed to be
complete unless the Control Officer notifies the applicant by certified mail within 60 days of receipt of the
application that the application is not complete and specifies what additional information is necessary for the
application to be complete.
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e. d. If, while processing an application that has been determined or deemed to be complete, the Control Officer
determines that additional information is necessary to evaluate or to take final action on that application, the
Control Officer may request such information in writing and may set a reasonable deadline for a response.
Except for minor permit revisions procedures as set forth in Section 406 of this rule, a source's ability to
continue operating without a permit, as set forth in this rule, 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 Control Officer. The Control Officer may, after one
submittal by the applicant under this rule, reject an application that is still determined to be incomplete and shall
notify the applicant of the decision by certified mail.
f. e. The completeness determination shall not apply to revisions processed through the minor permit revision
process.
g. f. The Control Officer agrees with the notice of confidentiality submitted under A.R.S. §49-487.
h. g. Any emission source or equipment item listed in Rule 200-Permit Requirements the definition of “insignificant
activity” in Rule 100 of these rules shall be included in the application. The application need not provide
emissions data regarding the activities listed in Rule 200-Permit Requirements the definition of “insignificant
activity” in Rule 100 of these rules. If the Control Officer determines that a source or an activity listed on the
application does not meet the requirements of Rule 200-Permit Requirements the definition of “insignificant
activity” in Rule 100 of these rules or that emissions data for the activity is required to complete the assessment
required by Section 301.4 of this rule , the Control Officer shall notify the applicant in writing and specify
additional information required, which may include emissions data and supporting documents.
i. h. If a source wishes to voluntarily enter into an emissions limitation, control, or other requirement pursuant to
Section 304 of this rule, a 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.
301.5 Duty To Supplement Or Correct Application: Any applicant who fails to submit any relevant facts or who has
submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect
submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall
provide additional information as necessary to address any requirements that become applicable to the source after
the date it filed a complete application but prior to release of a proposed permit.
301.6 Action on Application:
a. The Control Officer 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.
b. For Non-Title V permits that contain voluntary emission limits, controls, or other requirements established
under Section 304 of this rule, the Control Officer shall have complied with the requirement of Section 304.4 of
this rule to provide the Administrator with a copy of each such proposed permit. In addition, the Control Officer
may issue, revise, or renew a permit only if all of the following conditions have been met:
(1) The permit application received must be complete according to Section 301.4 of this rule.
(2) Except for revisions qualifying as administrative or minor under Sections 405.1 and 405.2 of this rule, all
of the requirements for public notice and participation under Section 407 of this rule must have been met.
(3) The conditions of the permit shall require compliance with all applicable requirements.
(4) For permits for which an application a proposed permit is required to be submitted to the Administrator
under Section 304 of this rule, 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 Control Officer, the Control Officer has revised and submitted a proposed final permit in response
to the objection and the Administrator has not objected to this proposed final permit within 45 days of
receipt.
c. The Control Officer may issue a notice of revocation of a permit issued under this rule if:
(1) The Control Officer has reasonable cause to believe that the permit was obtained by fraud or
misrepresentation.
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(2) The person applying for the permit failed to disclose a material fact required by the permit application form
or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the
time the application was submitted.
(3) The terms and conditions of the permit have been or are being violated and the violation has not been
corrected within a reasonable period of time as specified by the Control Officer.
d. If the Control Officer issues a notice of denial or revocation of a permit under this rule, the notice shall be
served on the applicant or permittee by certified mail, return receipt requested. The notice shall include a
statement detailing the grounds for the denial or revocation and explaining that the permit applicant or permittee
is entitled to a hearing under A.R.S. §49-482.
e. Except as provided in Rule 200-Permit Requirements of these rules, the Control Officer shall take final action
on each permit application (and request for revision or renewal) within 90 days of receipt of a complete
application, unless a finding is made that more time is needed, but in no case longer than nine months after
receiving a complete application.
301.7 Except as noted under the provisions in Section 404 of this rule, no source may operate after the time that it is
required to submit a timely and complete application, except in compliance with a permit issued under this rule.
However, if a source submits a timely and complete application for permit issuance, revision, or renewal, the
source's failure to have a permit is not a violation of these rules until the Control Officer takes final action on the
application. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails
to submit, by the deadline specified in writing by the Control Officer, any additional information identified as being
needed to process the application. If a source submits a timely and complete application for a permit renewal, but the
Control Officer fails to issue or deny the renewal permit before the end of the term of the previous permit, then the
permit shall not expire until the permit renewal has been issued or denied. This section of this rule does not affect a
source’s obligation to obtain a permit revision before making a modification to the source.
302 PERMIT CONTENTS: Each permit issued under this rule shall include the following elements:
302.1 The date of issuance and the permit term.
302.2 Enforceable emission limitations and standards, including those operational requirements and limitations that ensure
compliance with all applicable requirements at the time of issuance, and operational requirements and limitations
that have been voluntarily accepted under Section 304 of this rule, or that have been voluntarily accepted under Rule
201-Emissions Caps of these rules. Whenever more than one standard in this rule applies to any source, or whenever
a standard in this rule and a standard in the Maricopa County Air Pollution Control Regulations Regulation III-
Control Of Air Contaminants applies to any source, the rule or combination of rules resulting in the lowest rate or
lowest concentration of regulated air pollutants released to the atmosphere shall apply, unless otherwise specifically
exempted or designated.
302.3 A compliance plan, if applicable, which meets the requirements of Section 303 of this rule.
302.4 As necessary, requirements concerning the use, maintenance, and if applicable, installation of monitoring equipment
or methods.
302.5 Periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the
source’s compliance with the permit, if the applicable requirement does not require periodic testing or instrumental
or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring). The
monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical
conventions consistent with the applicable requirement and as otherwise required under Section 304 of this rule.
Recordkeeping provisions may be sufficient to meet the requirements of this rule.
302.6 All emissions monitoring and analysis procedures or test methods required under the applicable requirements,
including any procedures and methods promulgated under Section 114(a)(3) of the Act and including any
monitoring and analysis procedures or test methods required under Section 304 of this rule.
302.7 All recordkeeping requirements, including recordkeeping requirements established under Section 304 of this rule, if
applicable, for the retention of records of all required monitoring data and support information for a period of at
least five years from the date of the monitoring sample, measurement, report, or application. Support information
includes all calibration and maintenance records, all strip-chart recordings for continuous monitoring
instrumentation, and copies of all reports required by the permit.
302.8 All applicable reporting requirements, and require including submittal of any required monitoring reports at least
annually. Upon request, such reporting requirements shall require and prompt reporting of deviations from permit
requirements, including those deviations attributable to upset conditions, as defined in the permit. Reports of
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deviations shall include the probable cause of the deviations and any corrective actions or preventative measures
taken. For the purposes of this Section, reporting shall be considered prompt when such reporting is made in
accordance with Rule 130-Emergency Provisions of these rules.
302.9 A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge
to any portion of the permit.
302.10 Provisions stating that it shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
302.11 Provisions stating that the permit may be revised, reopened, revoked and reissued, or terminated for cause. The
filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or of a
notification of planned changes or anticipated non-compliance does not stay any permit condition.
302.12 Provisions stating that the permit does not convey any property rights nor does it convey exclusive privileges of any
sort.
302.13 Provisions stating that the permittee shall furnish to the Control Officer, within a reasonable time, any information
that the Control Officer may request in writing to determine whether cause exists for revising, revoking and
reissuing the permit, or terminating the permit, or to determine compliance with the permit. Upon request, the
permittee shall also furnish, to the Control Officer copies of records required to be kept by the permit.
302.14 Provisions stating that any document required to be submitted by a permit, including reports, shall contain
certification by a responsible official of truth, accuracy, and completeness under Rule 100-General Provisions And
Definitions of these rules.
302.15 A provision to ensure that a source pays fees to the Control Officer under A.R.S. §49-480(D) and Rule 280-Fees of
these rules.
302.16 Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as
approved by the Control Officer. Such terms and conditions shall require the source, contemporaneously with
making a change from one operating scenario to another, to record in a log at the permitted source a record of the
scenario under which it is operating. The terms and conditions of each such alternative scenario must meet all
applicable requirements and the requirements of this rule.
302.17 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of
proper credentials, to enter upon the permittee’s premises, where a source is located or where emission-related
activity is conducted, or where records are required to be kept, under the conditions of the permit.
302.18 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of
proper credentials, to have access to and to copy, at reasonable times, any records that are required to be kept under
the conditions of the permit.
302.19 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of
proper credentials, to inspect, at reasonable times, any source’s equipment (including monitoring and air pollution
control equipment), practices, or operations regulated or required under the permit.
302.20 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of
proper credentials, to sample or monitor, at reasonable times, substances or parameters for the purpose of assuring
compliance with the permit or other applicable requirements.
302.21 Inspection and entry provisions which require the permittee to allow the Control Officer, upon presentation of
proper credentials, to record any inspection by use of written, electronic, magnetic, and photographic media.
302.22 Provisions specifying the conditions under which the permit will be reopened prior to the expiration date of the
permit.
302.23 Federally Enforceable Requirements: Designated terms and conditions contained in Non-Title V permits issued
under Rule 220-Non-Title V Permit Provisions of these rules will be considered federally enforceable, provided that
the County's Permit Program is approved by the Administrator and incorporated into the applicable State
Implementation Plan (SIP) under Section 110 of the Act, and the permit meets the requirements set forth in Section
304 of this rule:
a. Terms or conditions designated as federally enforceable in a Non-Title V permit, including but not limited to
those that are entered into voluntarily under Section 304 of this rule and which have been submitted to the
Administrator for review, include:
(1) Emissions limitations, controls, or other requirements; and
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(2) Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls,
or other requirements.
b. The Control Officer shall specifically designate as not being federally enforceable under the Act any terms and
conditions included in a Non-Title V permit that are not required under the Act, or under any such applicable
requirements, or that are not entered into voluntarily under Section 304 of this rule.
302.24 Provisions stating that the permittee shall comply with all conditions of the permit including all applicable
requirements of Arizona air quality statutes and the air quality rules. Compliance with permit terms and conditions
does not relieve, modify, or otherwise affect the permittee’s duty to comply with all applicable requirements of
Arizona air quality statutes and the Maricopa County Air Pollution Control Regulations. Any permit non-
compliance is grounds for enforcement action; for a permit termination, revocation and reissuance, or revision; or
for denial of a permit renewal application. Non-compliance with any federally enforceable requirement in a permit
constitutes a violation of the Act.
303 COMPLIANCE PLANS: Each compliance plan shall contain the following elements:
303.1 A description of the compliance status of the source with respect to applicable requirements that will become
effective during the permit term or for which the source is not in compliance at the time of permit issuance.
303.2 A description as follows:
a. For applicable requirements that will become effective during the permit term, a statement that the source will
meet such requirements on a timely basis.
b. For requirements with 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.
c. For additional requirements as may be specified under Section 304 of this rule.
303.3 A compliance schedule as follows:
a. 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 rule, unless a more detailed
schedule is expressly required by the applicable requirement.
b. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of
permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable
sequence of actions with milestones, leading to compliance with any applicable requirement for which the
source will be in non-compliance 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 non-
compliance with, the applicable requirements on which it is based.
303.4 A schedule for submission of certified progress reports no less frequently than every six months for sources required
to have a schedule of compliance to remedy a violation. Such schedule shall contain:
a. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates
when such activities, milestones, or compliance were achieved; and
b. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive
or corrective measures adopted.
303.5 If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is
required.
303.6 The Control Officer may develop special guidance documents and forms to assist certain sources in completing the
compliance plan.
304 PERMITS CONTAINING VOLUNTARILY ACCEPTED EMISSIONS LIMITATIONS, CONTROLS, OR OTHER
REQUIREMENTS (SYNTHETIC MINOR):
304.1 A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other
requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoid
classification as a source that requires a Title V permit, or to avoid one or more other applicable requirements. For
the purposes of this rule, "enforceable as a practical matter" means that specific means to assess compliance with an
emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliance
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with the limit standard or trade provision to be readily determined by an inspection of the source records or reports.
In addition, for the purposes of this rule, “enforceable as a practical matter” shall include the following criteria:
a. The permit conditions are permanent and quantifiable;
b. The permit includes a legally enforceable obligation to comply;
c. The permit limits impose an objective and quantifiable operational or production limit, or require the use of in-
place air pollution control equipment;
d. The permit limits have short-term averaging times consistent with the averaging times of the applicable
requirement;
e. The permit conditions are enforceable and are independent of any other applicable limitations; and
f. The permit conditions for monitoring, recordkeeping, and reporting requirements are sufficient to comply with
Rule 220-Non-Title V Permit Provisions, Sections 302.3, 302.4, 302.5, 302.6, and 302.7 of these rules.
304.2 In order for a source to obtain a permit containing voluntarily accepted emissions limitations, controls, or other
requirements, the source shall demonstrate all of the following in its permit application:
a. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an
applicable requirement are at least as stringent as the emissions limitations, controls, or other requirements that
would otherwise be applicable to that source, including those that originate in an applicable implementation
plan; and
b. All voluntarily accepted emissions limitations, controls, or other requirements will be permanent, quantifiable,
and otherwise enforceable as a practical matter.
304.3 The Control Officer shall not issue a permit that waives nor makes less stringent any limitations or requirements
contained in or issued under an applicable implementation plan or that are otherwise federally enforceable.
304.4 At the same time as notice of proposed issuance is first published under A.R.S. §49-426(D), the Control Officer
shall send a copy of any Non-Title V permit proposed to be issued under Section 304 of this rule to the
Administrator review during the comment period described in the notice under Section 407 of this rule.
304.5 The Control Officer shall send a copy of each final permit issued under Section 304 of this rule to the Administrator.
304.6 For all permits containing voluntarily accepted emission limitations, controls, or other requirements established
under this section, the Control Officer shall provide an opportunity for public participation as provided for in
Section 407 of this rule.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 FEES REQUIRED: Persons subject to this rule shall pay the fees required, as set forth in Rule 280-Fees of these rules.
402 PERMIT TERM: A Non-Title V permit shall remain in effect for no more than five years.
403 SOURCE CHANGES THAT REQUIRE NON-TITLE V PERMIT REVISIONS:
403.1 A source with a Non-Title V permit may make any physical change or change in the method of operation without
revising the source's permit, unless the change is specifically prohibited in the source's permit or is a change
described in the following subsections. A change that does not require a permit revision may still be subject to
requirements in Section 404 of this rule.
403.2 The following changes at a source with a Non-Title V permit shall require a permit revision:
a. A change that triggers would trigger a new applicable requirement or violates violate an existing applicable
requirement;
b. Establishment of, or change in, an emissions cap;
c. A change that will require a case-by-case determination of an emissions limitation or other standard, or a source
specific determination of ambient impacts, or a visibility or increment analysis;
d. A change that results in emissions which are subject to monitoring, recordkeeping, or reporting under Sections
302.6, 302.7, and 302.8 of this rule, if the emissions cannot be measured or otherwise adequately quantified by
monitoring, recordkeeping, or reporting requirements already in the permit;
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e. A change that will authorize the burning of used oil, used oil fuel, hazardous waste or hazardous waste fuel, or
any other fuel not currently authorized by the permit;
f. A change that requires the source to obtain a Title V permit under Rule 210-Title V Permit Provisions of these
rules;
g. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the
same or better pollutant removal efficiency;
h. Establishment or revision of an emissions limit under Section 304 of this rule;
i. Increasing operating hours or rates of production above the permitted level; and
j. Making a change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change
results:
(1) From removing equipment that results in a permanent decrease in actual emissions, if the source keeps on-
site records of the change in a log that satisfies Section 500 of this rule and if the requirements that are
relaxed are present in the permit solely for the equipment that was removed; or
(2) From a change in an applicable requirement. ; and
k. A minor NSR modification.
404 PROCEDURES FOR CERTAIN CHANGES THAT DO NOT REQUIRE A NON-TITLE V PERMIT REVISION:
404.1 Except for a physical change or change in the method of operation at a Non-Title V source requiring a permit
revision under Section 403 of this rule or a change subject to logging or notice requirements in Section 404.2 of this
rule or Section 404.3 of this rule, a change at a Non-Title V source shall not be subject to revision, notice, or logging
requirements under these rules.
404.2 Except as otherwise provided in the conditions applicable to an emissions cap created under Rule 201-Emissions
Caps of these rules, the following changes may be made if the source keeps on-site records of the changes according
to Section 500 of this rule:
a. Implementing an alternative operating scenario, including raw material changes;
b. Changing process equipment, operating procedures, or making any other physical change if the permit requires
the change to be logged;
c. Engaging in any new exempted activity listed in Rule 200-Permit Requirements, Section 303.3(c) of these rules,
but not listed in the permit;
d. Replacing an item of air pollution control equipment listed in the permit with an identical (same model,
different serial number) item. The Control Officer may require verification of efficiency of the new equipment
by performance tests; and
e. Making a change that results in a decrease in actual emissions, if the source wants to claim credit for the
decrease in determining whether the source has a net emissions increase for any purpose. The logged
information shall include a description of the change that will produce the decrease in actual emissions. A
decrease that has not been logged is creditable only if the decrease is quantifiable, enforceable, and otherwise
qualifies as a creditable decrease.
404.3 Except as otherwise provided in the conditions applicable to an emissions cap created under Rule 201-Emissions
Caps of these rules, the following changes may be made if the source provides written notice to the Control Officer
in advance of the change as provided below:
a. Replacing an item of air pollution control equipment listed in the permit with one that is not identical but that is
substantially similar and has the same or better pollutant removal efficiency: 7 days. The Control Officer may
require verification of efficiency of the new equipment by performance tests;
b. Making a physical change or change in the method of operation that increases actual emissions more than 10%
of the major source threshold for any conventional air pollutant but does not require a permit revision: 7 days;
c. Replacing an item of air pollution control equipment listed in the permit with one that is not substantially
similar but that has the same or better efficiency: 30 days. The Control Officer may require verification of
efficiency of the new equipment by performance tests;
d. Making any change that would trigger an applicable requirement that already exists in the permit: 30 days,
unless otherwise required by the applicable requirement;
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e. Making a change that amounts to reconstruction of the source or an affected facility: 7 days. For purposes of
this section reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the
new components exceed 50% of the fixed capital cost of a comparable entirely new source or affected facility
and the changes to the components have occurred over the 12 consecutive months beginning with
commencement of construction; and
f. Making a change that will result in the emissions of a new regulated air pollutant above an applicable regulatory
threshold, but that does not trigger a new applicable requirement for that source category: 30 days. For
purposes of this requirement, an applicable regulatory threshold for a conventional air pollutant shall be 10% of
the applicable major source threshold for that pollutant.
404.4 For each change under Section 404.3 of this rule, the written notice shall be by certified mail or hand delivery and
shall be received by the Control Officer the minimum amount of time in advance of the change. Notifications of
changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment,
may be provided with less than required notice, but must be provided as far in advance of the change, or if advance
notification is not practicable, as soon after the change, as possible.
404.5 The written notice shall include:
a. When the proposed change will occur;
b. A description of the change;
c. Any change in emissions of regulated air pollutants; and
d. Any permit term or condition that is no longer applicable as a result of the change.
404.6 Notwithstanding any other part of this section of this rule, the Control Officer may require a permit to be revised for
any change that, when considered together with any other changes submitted by the same source under this section
of this rule over the term of the permit, constitutes a change under Section 403.2 of this rule.
404.7 If a source change is described under both Section 404.2 of this rule and Section 404.3 of this rule, the source shall
comply with Section 404.3 of this rule.
404.8 If a source change is described under both Section 404.3 of this rule and Section 403.1 of this rule, the source shall
comply with Section 403.1 of this rule.
404.9 A source may implement any change under Section 404.3 of this rule without the required notice by applying for a
minor permit revision under Section 405.2 of this rule and complying with Section 406.1 of this rule.
405 PERMIT REVISIONS:
405.1 Administrative Permit Revisions:
a. An administrative permit revision is required to correct typographical errors in a Non-Title V Permit.
b. An administrative permit revision is required to change the name, address, or phone number of any person
identified in the Non-Title V permit.
c. An administrative permit revision is required to change ownership or operational control of a source with a
Non-Title V permit, where the Control Officer determines that no other change in the permit is necessary,
provided that a written agreement containing a specific date for the change of permit responsibility and liability
between the current and new permittee has been submitted to the Control Officer.
d. Incorporates any other type of change which the Control Officer has determined to be similar to those changes
described in this subsection.
405.2 Minor Permit Revisions:
a. Minor permit revision procedures shall be used for a change that triggers a new applicable requirement, if all of
the following apply:
(1) For emissions units not subject to an emissions cap, the net emissions increase is less than the significance
level defined in Rule 100-General Provisions And Definitions of these rules; The change is not a minor
NSR modification for which public participation is required under Rule 241 of these rules;
(2) A case-by-case determination of an emissions limitation or other standard is not required; and
(3) The change does not require the source to obtain a Title V permit under Rule 210-Title V Permit Provisions
of these rules.
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b. Minor permit revision procedures shall be used for a change that increases operating hours or rates of
production increases emissions above the permitted level, unless the increase otherwise creates a condition that
requires a non-minor permit revision;
c. Minor permit revision procedures shall be used for a change in fuel from fuel oil or coal to natural gas or
propane, if not authorized in the permit;
d. Minor permit revision procedures shall be used for a change that results in emissions subject to monitoring,
recordkeeping, or reporting under Sections 302.6, 302.7, or 302.8 of this rule and that cannot be measured or
otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;
e. Minor permit revision procedures shall be used for a change that decreases emissions permitted under an
emissions cap under Rule 201-Emissions Caps of these rules, unless the decrease requires a change in the
conditions required to enforce the emissions cap or to ensure that emissions trades conducted under the
emissions cap are quantifiable and enforceable; and
f. Minor permit revision procedures shall be used for a change that replaces an item of air pollution control
equipment listed in the permit with one that does not have the same or better efficiency.
405.3 Non-Minor Permit Revisions: A source with a Non-Title V permit shall make the following changes only after its
permit is revised following the public participation requirements of Section 407 of this rule:
a. Establishing or revising a voluntarily accepted emission limitation or standard described in Section 304 of this
rule, or an emissions cap described in Rule 201-Emissions Caps of these rules, except a decrease in the
limitation authorized by Section 405.2(e) of this rule;
b. Making any change in fuel not authorized by the Non-Title V permit and that is not fuel oil or coal to natural
gas or propane;
c. A change to, or an addition of, an emissions unit not subject to an emissions cap that will result in a net
emissions increase of a pollutant greater than the significance level defined in Rule 100-General Provisions And
Definitions of these rules; A change that is a minor NSR modification for which public participation is required
under Rule 241 of these rules.
d. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results:
(1) From removing equipment that results in a permanent decrease in actual emissions, if the source keeps on-
site records of the change in a log that satisfies Section 500 of this rule and if the requirements that are
relaxed are present in the permit solely for the equipment that was removed; or
(2) From a change in an applicable requirement.
e. A change that will cause the source to violate an existing applicable requirement, including the conditions
establishing an emissions cap;
f. A change that will require any of the following:
(1) A case-by-case determination of an emission limitation or other standard;
(2) A source-specific determination of ambient impacts or a visibility or increment analysis; or
(3) A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.
g. A change that requires the source to obtain a Title V permit under Rule 210-Title V Permit Provisions of these
rules.
406 PERMIT REVISIONS PROCEDURES:
406.1 The Source’s Responsibility For A Notification Of A Permit Revision: A source shall submit to the Control
Officer a notification of a Non-Title V permit revision, in a form and manner as prescribed by the Control Officer,
with the appropriate fee as required by Rule 280-Fees of these rules. In a notification of a Non-Title V permit
revision, a source must supply information that is related to the proposed change. If the source’s proposed Non-Title
V permit revision will revise its Non-Title V permit from a Non-Title V permit to a Title V permit, then the source
must submit a Title V permit application in accordance with Rule 210-Title V Permit Provisions of these rules. The
Control Officer shall issue the entire Title V permit, and not just the portion of the Non-Title V permit being revised,
in accordance with Title V permit content and issuance requirements, including requirements for public, affected
state, and EPA review contained in Rule 210-Title V Permit Provisions of these rules.
406.2 The Control Officer’s Responsibility for Action on a Notification of a Permit Revision:
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a. Administrative Permit Revision: The Control Officer shall take final action within 60 days of receipt of a
notification of an administrative permit revision.
b. Minor Permit Revision: The Control Officer shall do one or more of the following within 60 days of receipt of
a notification of a minor permit revision:
(1) Issue the minor permit revision as proposed;
(2) Deny the minor permit revision application; or
(3) Determine that the minor permit revision does not meet the minor permit revision criteria and should be
reviewed under the non-minor permit revision procedures.
c. Non-Minor Permit Revision: The Control Officer shall take final action on the majority of the notifications of
non-minor permit revisions within 90 days of receipt. In no case shall the final action take longer than nine
months.
406.3 The Source’s Ability to Make Changes Requested in a Notification of a Permit Revision:
a. Administrative Permit Revision Or Minor Permit Revision:
(1) A source may implement the changes addressed in the administrative permit revision application or in a
minor permit revision application after it files the application, unless the revision triggers minor New
Source Review (NSR) under Rule 241 of these rules.
(2) A source shall still comply with any Federal laws, Arizona laws, or these rules, and a source shall comply
with the “new” permit conditions that the source proposes in its notification of a minor permit revision. The
Control Officer may enforce the existing permit conditions if the Control Officer determines that the source
is not complying with the “new” permit conditions.
b. Non-Minor Permit Revision: A source may implement the changes addressed in the notification for a non-
minor permit revision upon the Control Officer’s revising the permit.
407 PUBLIC PARTICIPATION:
407.1 Provide Public Notice Before Taking Action On A Permit: The Control Officer shall provide public notice and
an opportunity for public comment before taking any of the following actions:
a. Issuing, denying, or renewing a permit to a Non-Title V source listed in Rule 280-Fees, Section 403.1-Table A
Sources of these rules with emissions of a regulated air pollutant that exceeds the public notice threshold as
defined in Rule 100 of these rules;
b. Issuing or denying a non-minor permit revision to a Non-Title V source listed in Rule 280-Fees, Section 403.1-
Table A Sources of these rules with emissions of a regulated air pollutant that exceeds the public notice
threshold as defined in Rule 100 of these rules;
c. Revoking and reissuing or reopening a permit to a Non-Title V source listed in Rule 280-Fees, Section 403.1-
Table A Sources, Section 403.2-Table B, and Section 403.3-Table C Sources of these rules with emissions of a
regulated air pollutant that exceeds the public notice threshold as defined in Rule 100 of these rules; or
d. Issuing a conditional permit under Rule 120-Conditional Orders of these rules to a Non-Title V source listed in
Rule 280-Fees, Section 403.1-Table A Sources, Section 403.2-Table B Sources, and Section 403.3-Table C
Sources of these rules with emissions of a regulated air pollutant that exceeds the public notice threshold as
defined in Rule 100 of these rules.
407.2 Provide Information In Public Notice And Publish In Newspapers Before Taking Action On A Permit: The
Control Officer shall include the following in the notice required pursuant to Section 407.1 of this rule and shall
publish such notice once each week for two consecutive weeks in two newspapers of general circulation in the
county where the source is or will be located and by other means if necessary to assure adequate notice to the
affected public. The Control Officer shall give notice of any public hearing at least 30 days in advance of the public
hearing.
a. Name and address of the affected facility(ies).
b. The activity(ies) involved in each permit action.
c. A statement that any person may submit written comments on a proposed permit action no later than the
deadline for submitting such comments.
d. The deadline for submitting written comments.
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e. Name, address, and phone number of a person from the Department from whom additional information may be
obtained.
f. The location where copies of the permit or permit revision application, the proposed permit, the analysis in
support of the preliminary determination whether the application for a permit or permit revision should be
approved or disapproved, and all other materials available to the Control Officer that are relevant to the permit
decision may be reviewed and the times during which such materials will be available for public inspection.
g. A statement if the permit or permit revision would result in the generation of emission reduction credits under
A.A.C. R18-2-1204-Title 18, Chapter 2, Article 12 or the utilization of emission reduction credits under A.A.C.
R18-2-1206 Title 18, Chapter 2, Article 12.
h. The Control Officer’s preliminary determination whether the application for a permit or permit revision should
be approved or disapproved.
407.2 407.3 Publish List Of Permit Applications Received: For sources listed in Rule 280-Fees, Section 403.1-Table A
Sources, Section 403.2-Table B Sources, and Section 403.3-Table C Sources of these rules, the The Control Officer
shall publish, once each week, a list of all permit applications received. The list will be available to the public at the
Department’s main office and on the Internet Department’s website. The list shall include the following information:
a. Name and address of the affected facility(ies).
b. The activity(ies) involved in each permit action.
c. A statement that any person may submit written comments on a proposed permit action no later than the
deadline for submitting such comments.
d. The deadline for submitting written comments.
e. Name, address, and phone number of a person from the Department from whom additional information may be
obtained.
f. The location where copies of the permit or permit revision application, the proposed permit, and all other
materials available to the Control Officer that are relevant to the permit decision may be reviewed and the times
during which such materials will be available for public inspection.
g. A statement if the permit or permit revision would result in the generation of emission reduction credits under
A.A.C. R18-2-1204-Title 18, Chapter 2, Article 12 or the utilization of emission reduction credits under A.A.C.
R18-2-1206 Title 18, Chapter 2, Article 12.
407.3 407.4 Publish List Of Permits Issued: For sources listed in Rule 280-Fees, Section 403.1-Table A Sources, Section
403.2-Table B Sources, and Section 403.3-Table C Sources of these rules, the The Control Officer shall publish in a
newspaper or post on the Department’s website, once each month, a list of all permits issued.
407.4 407.5 Public Hearing: The Control Officer shall hold a public hearing to receive comments on petitions for conditional
orders, which would vary from requirements of the applicable implementation plan. For all other actions involving a
proposed permit, the Control Officer shall hold a public hearing only upon written request. If a public hearing is
requested, the Control Officer shall schedule the public hearing and publish a notice once each week for two
consecutive weeks in two newspapers of general circulation in the county where the source is or will be located and
by other means if necessary to assure adequate notice to the affected public. The Control Officer shall give notice of
any public hearing at least 30 days in advance of the public hearing.
407.5 407.6 Public Notice To Be Posted By The Permit Applicant: At the time the Control Officer publishes the first notice
under Section 407.1 of this rule, the applicant shall post a notice containing the information required in Section
407.2 of this rule at the site where the source is or may be located. Consistent with Federal, State, and local law, the
posting shall be prominently placed at a location under the applicant’s legal control, adjacent to the nearest public
roadway, and visible to the public using the public roadway. If a public hearing is to be held, the applicant shall
place an additional posting providing notice of the public hearing. Any posting shall be maintained until the public
comment period is closed.
407.6 407.7 Receipt Of Comments And Requests For Public Hearing: The Control Officer shall provide at least 30 days from
the date of its first notice for public comment to receive comments and requests for a hearing. The Control Officer
shall keep a record of the commenters and the issues raised during the public participation process and shall prepare
written responses to all comments received. At the time a final decision is made, the record and copies of the
Control Officer’s responses shall be made available to the applicant and to all commenters.
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408 AMENDMENTS TO A PERMIT: The Control Officer may amend any Non-Title V permit annually without following
Rule 200-Permit Requirements, Section 402-Permit Reopenings; Revocation And Reissuance; Termination of these rules in
order to incorporate changes reflected in logs or notices filed under Section 404 of this rule. The amendment shall be
effective to the anniversary date of the permit. The Control Officer shall make available to the public for any source:
408.1 A complete record of logs and notices sent to the Control Officer under Section 404 of this rule; and
408.2 Any amendments or revisions to the source's permit.
SECTION 500 - MONITORING AND RECORDS
501 LOG RETENTION REQUIREMENT: If a source makes a change that requires logging, then the source shall keep such
log for five years from the date the source creates such log.
502 LOG FORMAT SPECIFICATIONS: If a source makes a change that requires logging, then the source shall perform such
logging in indelible ink in a bound log book with sequentially numbered pages, or in any other form, including electronic
format, if approved by the Control Officer. Each log entry shall include at least the following information:
502.1 A description of the change including:
a. A description of any process change.
b. A description of any equipment change, including both old and new equipment descriptions, model numbers,
and serial numbers, or any other unique equipment number.
c. A description of any process material change.
502.2 The date and time that the change occurred.
502.3 The provision of Section 404.2 of this rule that authorizes the change to be made with logging.
502.4 The date the log entry was made and the first and last name of the person making the log entry.
503 LOG FILING: A copy of all logs required under Section 404.2 of this rule shall be filed with the Control Officer within 30
days after each anniversary of the permit issue date. If no changes were made at the source requiring logging, a statement to
that effect shall be filed instead.
REGULATION II - PERMITS AND FEES
RULE 230
GENERAL PERMITS
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
SECTION 200 – DEFINITIONS
201 SIMILAR IN NATURE
SECTION 300 – STANDARDS
301 RULES APPLICABLE TO A GENERAL PERMIT
302 GENERAL PERMIT DEVELOPMENT
303 APPLICATION FOR COVERAGE UNDER GENERAL PERMIT
304 PUBLIC NOTICE
305 SOURCES FOR WHICH A GENERAL PERMIT MAY NOT BE ISSUED
306 GENERAL PERMIT RENEWAL
307 RELATIONSHIP TO INDIVIDUAL PERMITS
308 GENERAL PERMIT VARIANCE FOR ANY NON-FEDERALLY ENFORCEABLE REQUIREMENT OF A
PERMIT
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309 GENERAL PERMIT SHIELD
310 GENERAL PERMIT APPEALS
311 REVOCATIONS OF AUTHORITY TO OPERATE
312 CHANGES TO FACILITIES GRANTED COVERAGE UNDER GENERAL PERMT
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
Adopted 11/15/93
Revised 02/15/95
Revised 06/06/07
Adopted 11/15/1993; Revised 02/15/1995; Revised 06/06/2007; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 230
GENERAL PERMITS
SECTION 100 - GENERAL
101 PURPOSE: To allow for the issuance of general permits for a facility class that contains a large number of sources that are
similar in nature, have substantially similar emissions, and would be subject to the same or substantially similar requirements
governing operations, emissions, monitoring, reporting, or recordkeeping.
102 APPLICABILITY: A general permit shall not be issued for affected sources except as provided in regulations promulgated by
the Administrator under Title IV of the Act.
SECTION 200 - DEFINITIONS: See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are
used but not specifically defined in this rule. For the purpose of this rule, the following definition shall apply: For the purpose of this
rule, the following definition shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these
rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take
precedence.
201 SIMILAR IN NATURE - Refers to facility size, processes and operating conditions.
SECTION 300 - STANDARDS
301 RULES APPLICABLE TO A GENERAL PERMIT: Unless otherwise stated, the provisions of Rule 200-Permit
Requirements, Rule 210-Title V Permit Provisions, Rule 220-Non-Title V Permit Provisions, Rule 241-Minor New Source
Review (NSR), Rule 245-Continuous Source Emission Monitoring, Rule 270-Performance Tests, and Rule 400-Procedure Before
The Hearing Board shall apply to general permits.
302 GENERAL PERMIT DEVELOPMENT:
302.1 The Control Officer may issue a general permit on his own initiative or in response to a petition. At the time the Control
Officer issues a general permit, the Control Officer may also establish a specific application with filing instructions for
sources in the category covered by the general permit.
302.2 Any person may submit a petition to the Director or to the Control Officer requesting the issuance of a general permit for
a defined class of facilities. The petition shall propose a particular class of facilities, shall list the approximate number of
facilities in the proposed class along with their size, processes and operating conditions, and shall demonstrate how the
class meets the criteria for a general permit as specified in Sections 100 and 301 through 303 of this rule and in A.R.S. §
49-426(H). The Control Officer shall provide a written response to the petition within 120 days of receipt.
302.3 A general permit shall be issued or denied for classes of facilities using the same engineering technical review process
that applies to permits for individual sources and following the public notice requirements of Section 304 of this rule.
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302.4 A general permit shall include all of the following:
a. General permits issued for Title V major sources shall contain all elements in Rule 210-Title V Permit Provisions,
Section 302.1-Permit Contents of these rules except Sections 302.1(b)(2) and 302.1(f).
b. General permits issued for Non-Title V sources shall contain all elements in Rule 220-Non-Title V Permit
Provisions, Section 302-Permit Contents of these rules.
b. c. The process for individual sources to apply for coverage under the general permit.
302.5 A source applying for authority to operate under a general permit shall not propose nor accept pursuant to Rule 220-Non-
Title V Permit Provisions of these rules emissions limitations, controls, or other requirements that are not included in the
general permit.
302.6 Of sources that are covered under the general permit, general permits developed by the Control Officer shall require
both of the following:
a. Installation and operation of reasonably available control technology (RACT) as determined by Rule 241,
Section 302 of these rules.
b. Compliance with Sections 111 or 112 of the Act as applicable.
303 APPLICATION FOR COVERAGE UNDER GENERAL PERMIT:
303.1 Once the Control Officer has issued a general permit, any source which is a member of the class of facilities covered by
the general permit may apply to the Control Officer for authority to operate under the general permit. Applicants shall
complete the specific application form, or if none has been adopted, the standard application form. The specific
application form shall, at a minimum, require the applicant to submit the following information:
a. Information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow
the Control Officer to determine qualification for and to assure compliance with the general permit.
b. A For general permits issued for Title V major sources, compliance plan that meets the requirements of Rule 210-
Title V Permit Provisions, Section 305-Compliance Plan; Certification of these rules.
c. For general permits issued for Non-Title V sources, compliance plan that meets the requirements of Rule 220-Non-
Title V Permit Provisions, Section 303-Compliance Plans of these rules.
303.2 For sources required to obtain a permit under Title V of the Act, the Control Officer shall provide the Administrator with
a permit application summary form and any relevant portion of the permit application and compliance plan. To the extent
possible, this information shall be provided in computer readable format compatible with the Administrator's national
database management system.
303.3 The Control Officer shall act on the application for coverage under the a general permit as expeditiously as possible, but
a final decision shall be reached within 180 days. The source may operate under the terms of its application the
applicable general permit during that time. If the application for coverage is denied, the Control Officer shall notify the
source that it shall apply for an individual permit within 180 days of receipt of notice. The Control Officer may defer
acting on an application under this rule, if the Control Officer has provided notice of intent to renew or not to renew the
permit.
303.4 The Control Officer shall make available to the public a monthly summary of all applications received under this rule.
304 PUBLIC NOTICE:
304.1 The Control Officer shall provide public notice for any proposed general permit, for any revision of an existing general
permit, and for renewal of an existing general permit.
304.2 The Control Officer shall publish notice of the proposed general permit once each week for two consecutive weeks in a
newspaper of general circulation within Maricopa County. The notice shall describe the following:
a. The proposed general permit.
b. The category of sources that would be affected.
c. The air contaminants which the Control Officer expects to be emitted by a typical facility in the class and by class as
a whole.
d. The Control Officer's proposed actions and effective date for the actions.
e. Locations where documents relevant to the proposed general permit will be available during normal business hours.
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f. The name, address, and telephone number of a person within the Department who may be contacted for further
information.
g. The address where any person may submit comments and/or request a public hearing and the date and time by
which comments or public hearing request are required to be received.
h. The process by which sources may obtain authorization to operate under the general permit.
304.3 For general permits under which operation may be authorized in lieu of individual source permits issued under Rule 210-
Title V Permit Provisions of these rules, the Control Officer shall give notice of the proposed general permit to each
affected state at the same time that the proposed general permit goes out for public notice. The Control Officer shall
provide the proposed final permit to the Administrator after public and affected state review. No Title V permit shall be
issued if the Administrator properly objects to its issuance in writing within 45 days from receipt of the proposed final
permit and any necessary supporting information from the Control Officer.
304.4 The Control Officer shall provide at least 30 days from the date of the first notice described in Section 304.3 of this rule
for public comment.
304.5 Written comments to the Control Officer shall include the name of the person and the person's agent or attorney and shall
clearly set forth reasons why the general permit should or should not be issued.
304.6 At the time a general permit is issued, the Control Officer shall make available a response to all relevant comments on
the proposed permit raised during the public comment period and during any requested public hearing. The response
shall specify which provisions, if any, of the proposed permit have been changed and the reason for the changes. The
Control Officer shall also notify in writing any petitioner and each person who has submitted written comments on the
proposed permit or requested notice of the final permit decision.
305 SOURCES FOR WHICH A GENERAL PERMIT MAY NOT BE ISSUED: A general permit shall not be issued to sources
that are subject to case-by-case standards or requirements.
306 GENERAL PERMIT RENEWAL: The Control Officer shall review and may renew general permits every five years. A
source's authorization to operate under a general permit shall expire when the general permit expires regardless of when the
authorization began during the five year period, except as provided in Section 311.3 of this rule. In addition to the public notice
required to issue a proposed general permit under Section 304 of this rule, the Control Officer shall notify in writing all sources
who have been granted or who have applications pending for authorization to operate under the general permit. The written notice
shall describe the source's duty to reapply and may include requests for information required under the proposed general permit.
306.1 The Control Officer shall review and may renew general permits every five years.
306.2 A source's authorization to operate under a general permit shall expire when the general permit expires regardless of
when the authorization began during the five year period, except as provided in Section 311.3 of this rule.
306.3 At the time a general permit is renewed, the Control Officer shall notify in writing all sources that were granted
coverage under the previous permit and shall require them to submit a timely renewal application. For purposes of
general permits, a timely application is one that is submitted within the time-frame specified by the Control Officer
in the written notification. Failure to submit a timely application terminates the source’s right to operate. If a source
submits a timely and complete application for a permit renewal, but the Control Officer has failed to issue or deny
the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the permit
renewal has been issued or denied.
307 RELATIONSHIP TO INDIVIDUAL PERMITS: Any source covered under a general permit may request to be excluded from
coverage by applying for an individual source permit. Coverage under the general permit shall terminate on the date the individual
permit is issued.
308 GENERAL PERMIT VARIANCE FOR ANY NON-FEDERALLY ENFORCEABLE REQUIREMENT OF A
PERMIT:
308.1 Where maximum achievable control technology (MACT), as defined in Rule 370-Federal Hazardous Air Pollutant
Program of these rules, or hazardous air pollutant reasonably available control technology (HAPRACT) has been
established in a general permit for a source category designated pursuant to Rule 372-Maricopa County Hazardous Air
Pollutants (HAPs) Program of these rules, the owner and/or operator of a source within that source category may apply
for a variance from the standard by demonstrating compliance with Rule 372-Maricopa County Hazardous Air
Pollutants (HAPs) Program, Section 306-Risk Management Analysis of these rules at the time the source applies for
coverage under the general permit.
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308.2 If the owner and/or operator makes the showing required by Rule 372-Maricopa County Hazardous Air Pollutants
(HAPs) Program, Section 306-Risk Management Analysis of these rules and otherwise qualifies for the general permit,
the Control Officer shall, in accordance with the procedures established pursuant to this rule, approve the application and
authorize operation under a variance from the standard of the general permit.
308.3 308.1 Except as modified by the variance, the source shall comply with all conditions of the general permit.
308.4 308.2 Applications and approvals of general permit variances shall be subject to the public notice requirements of Rule 210-
Title V Permit Provisions of these rules.
309 GENERAL PERMIT SHIELD: Each general permit issued under this rule shall specifically identify all federal, state, and local
air pollution control requirements applicable to the source at the time the general permit is issued. The general permit shall state
that compliance with the conditions of the general permit shall be deemed in compliance with any applicable requirement as of the
date of general permit issuance. Any permit under this rule that does not expressly state that a permit shield exists shall be
presumed not to provide such a shield. Notwithstanding the above provisions, the source shall be subject to enforcement action for
operation without a permit if the source is later determined not to qualify for the conditions and terms of the general permit. A
permit shield provided for a general permit shall meet all the requirements of Rule 210-Title V Permit Provisions of these rules.
310 GENERAL PERMIT APPEALS: Any person who filed a comment on a proposed general permit as provided in Section 304 of
this rule may appeal the terms and conditions of a general permit, as they apply to the facility class covered under a general
permit, by filing an appeal with the hearing board within ten days of issuance of the general permit.
311 REVOCATIONS OF AUTHORITY TO OPERATE:
311.1 The Control Officer may require a source authorized to operate under a general permit to apply for and to obtain an
individual source permit at any time if:
a. The Control Officer has determined that the source is not in compliance with the terms and conditions of the general
permit; or
b. The Control Officer has determined that the emissions from the source or facility class are significant contributors to
ambient air quality standard violations which are not adequately addressed by the requirements in the general
permit; or
c. The Control Officer has information which indicates that the effects on human health and the environment from the
sources covered under the general permit are unacceptable.
311.2 The Control Officer shall provide written notice to all sources operating under a general permit prior to cancellation of a
general permit. Such notice shall include an explanation of the basis for the proposed action. Within six months of
receipt of the notice of the expiration, termination or cancellation of any general permit, sources notified shall submit an
application to the Control Officer for an individual permit.
311.3 A source previously authorized to operate under a general permit may operate under the terms of the general permit until
the earlier of the date it submits a complete application for an individual permit, or 180 days after receipt of the notice of
expiration, termination or cancellation of any general permit.
312 CHANGES TO FACILITIES GRANTED COVERAGE UNDER GENERAL PERMIT:
312.1 An owner or operator of a source that has been granted coverage under a general permit may make the following
changes at the source only after the owner or operator provides written notification to the Control Officer and only if
such changes do not require the owner or operator to obtain a Title V or a Non-Title V permit:
a. Adding new emissions units.
b. Installing a replacement emissions unit.
c. Adding or replacing air pollution control equipment.
312.2 Notification Required: The written notification required by Section 312.1 of this rule shall include:
a. When the proposed change will occur;
b. A description of the change; and
c. Any change in emissions of regulated air pollutants.
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312.3 An owner or operator of a source that has been granted coverage under a general permit shall keep a record of any
physical change or change in the method of operation that could affect emissions. The record shall include a
description of the change and the date the change occurred.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION II - PERMITS AND FEES
RULE 240
PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND
MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES
INDEX
SECTION 100 GENERAL
101 PURPOSE
102 APPLICABILITY
SECTION 200 DEFINITIONS
201 ADVERSE IMPACT ON VISIBILITY
202 CATEGORICAL SOURCES
203 CONVENTIONAL AIR POLLUTANT
204 DISPERSION TECHNIQUE
205 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT
206 HIGH TERRAIN
207 INNOVATIVE CONTROL TECHNOLOGY
208 LOW TERRAIN
209 LOWEST ACHIEVABLE EMISSION RATE (LAER)
210 MAJOR SOURCE
211 RECONSTRUCTION
212 RESOURCE RECOVERY PROJECT
213 SECONDARY EMISSIONS
214 SIGNIFICANCE LEVELS
SECTION 300 - STANDARDS
301 PERMIT OR PERMIT REVISION REQUIRED
302 APPLICATION COMPLETENESS
303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA
304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS
305 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN NONATTAINMENT AREAS
306 OFFSET AND NET AIR QUALITY BENEFIT STANDARDS
307 SPECIAL REQUIREMENTS FOR MAJOR SOURCES OF VOC OR OXIDES OF NITROGEN IN OZONE
NONATTAINMENT AREAS CLASSIFIED AS SERIOUS OR SEVERE
308 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN ATTAINMENT AND UNCLASSIFIABLE AREAS
309 STACK HEIGHT LIMITATION
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS
501 POLLUTANTS TO BE INCLUDED IN ANALYSIS OF AMBIENT AIR QUALITY
502 PRECONSTRUCTION AIR QUALITY MONITORING DATA
503 COMPLETE APPLICATION AIR QUALITY MONITORING DATA
504 POST-APPROVAL AIR QUALITY MONITORING DATA FOR OZONE
505 POST-CONSTRUCTION AIR QUALITY MONITORING DATA
506 OPERATIONS OF MONITORING STATIONS
507 EXCEPTIONS TO MONITORING FOR A PARTICULAR POLLUTANT
508 VISIBILITY AND AIR QUALITY IMPACT ANALYSIS
509 INNOVATIVE CONTROL TECHNOLOGY
510 AIR QUALITY MODELS
511 VISIBILITY PROTECTION
Adopted 11/15/93
Revised 02/15/95
Revised 02/07/01
Revised 05/07/03
Revised 06/06/07
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MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 240
PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND
MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES
SECTION 100 - GENERAL
101 PURPOSE: To provide an orderly procedure for the review of new major sources of conventional air pollutants and of major
modifications to existing major sources of conventional air pollutants requiring permits or permit revisions.
102 APPLICABILITY: The provisions of this rule apply to new major sources of conventional air pollutants and major modifications
to existing major sources of conventional air pollutants. The provisions of this rule do not apply to new sources and modifications
to existing sources subject to the requirements of Rule 241-Permits For New Sources And Modifications To Existing Sources of
these rules.
SECTION 200 - DEFINITIONS: See Rule 100-General Provisions And Definitions of these rules for definitions of terms that are used
but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply:
201 ADVERSE IMPACT ON VISIBILITY - Visibility impairment that interferes with the management, protection, preservation, or
enjoyment of visual experience of a Class I area, as determined by Rule 500-Air Quality Standards of these rules.
202 CATEGORICAL SOURCES - The following classes of sources:
Coal cleaning plants with thermal dryers;
Kraft pulp mills;
Portland cement plants;
Primary zinc smelters;
Iron and steel mills;
Primary aluminum ore reduction plants;
Primary copper smelters;
Municipal incinerators capable of charging more than 50 tons of refuse per day;
Hydrofluoric, sulfuric, or nitric acid plants;
Petroleum refineries;
Lime plants;
Phosphate rock processing plants;
Coke oven batteries;
Sulfur recovery plants;
Carbon black plants using the furnace process;
Primary lead smelters;
Fuel conversion plants;
Sintering plants;
Secondary metal production plants;
Chemical process plants;
Fossil-fuel boilers, or combinations thereof, totaling more than 250 million British thermal units (BTU) per hour heat input;
Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels;
Taconite preprocessing plants;
Glass fiber processing plants;
Charcoal production plants;
Fossil fuel-fired steam electric plants and combined cycle gas turbines of more than 250 million BTU per hour rated heat input.
203 CONVENTIONAL AIR POLLUTANT - Any pollutant for which the Administrator has promulgated a primary or secondary
national ambient air quality standard.
204 DISPERSION TECHNIQUE - Any technique that attempts to affect the concentration of a pollutant in the ambient air by any of
the following:
204.1 Using that portion of a stack that exceeds good engineering practice stack height;
204.2 Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that
pollutant; or
204.3 Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack
parameters, or combining exhaust gases from several existing stacks into 1 stack; or other selective handling of exhaust
gas streams so as to increase the exhaust gas plume rise. This shall not include any of the following:
a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas
to the temperature at which it was originally discharged from the source generating the gas stream.
b. The merging of exhaust gas streams under any of the following conditions:
(1) The source owner or operator demonstrates that the source was originally designed and constructed
with the merged gas streams;
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(2) After July 8, 1995, such merging is part of a change in operation at the source that includes the
installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a
pollutant, applying only to the emission limitation for that pollutant; or
(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the
installation of emissions control equipment or was carried out for sound economic or engineering
reasons. Where there was an increase in the emission limitation or, in the event that no emission
limitation was in existence prior to the merging, an increase in the quantity of pollutants actually
emitted prior to the merging, the Control Officer shall presume that merging was significantly
motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the
source, owner or operator, that merging was not significantly motivated by such intent, the Control
Officer shall deny credit for the effects of such merging in calculating the allowable emissions for the
source.
c. Smoke management in agricultural or silvicultural prescribed burning programs.
d. Episodic restrictions on residential woodburning and open burning.
e. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from
the source do not exceed 5,000 tons per year.
205 GOOD ENGINEERING PRACTICE (GEP) STACK HEIGHT- A stack height meeting the requirements described in Section
309 of this rule.
206 HIGH TERRAIN - Any area having an elevation of 900 feet or more above the base of the stack of a source.
207 INNOVATIVE CONTROL TECHNOLOGY - Any system of air pollution control that has not been adequately demonstrated in
practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in
current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality
environmental impacts.
208 LOW TERRAIN - Any area other than high terrain.
209 LOWEST ACHIEVABLE EMISSION RATE (LAER) - For any source, the more stringent rate of emissions based on 1 of the
following:
209.1 The most stringent emissions limitation that is contained in the State Implementation Plan (SIP), as defined in Rule 100-
General Provisions And Definitions of these rules, for the class or category of stationary source, unless the owner or
operator of the proposed stationary source demonstrates that the limitations are not achievable; or
209.2 The most stringent emissions limitation that is achieved in practice by the class or category of stationary source. This
limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified
emissions units within the stationary source. In no event shall the application of this term permit a proposed new or
modified stationary source to emit any pollutant in excess of the amount allowable under the applicable standards of
performance in Rule 360-New Source Performance Standards of these rules and in 40 C.F.R. 60 and 40 C.F.R. 61.
210 MAJOR SOURCE -
210.1 Any stationary source located in a nonattainment area that emits, or has the potential to emit, 100 tons per year or more
of any conventional air pollutant, except as follows:
Pollutant Emitted Nonattainment Pollutant And Quantity Threshold
Classification Tons/Year Or More
Carbon Monoxide (CO) CO, Serious, with 50
stationary sources
as more than 25% of
source inventory
Volatile Organic Ozone, Serious 50
Compounds (VOC)
VOC Ozone, Severe 25
PM10 PM10, Serious 70
NOx Ozone, Serious 50
NOx Ozone, Severe 25
or
210.2 Any stationary source located in an attainment or unclassifiable area that emits, or has the potential to emit, 100 tons per
year or more of any conventional air pollutant if the source is classified as a Categorical Source, or 250 tons per year or
more of any pollutant subject to regulation under the Act if the source is not classified as a Categorical Source; or
210.3 Any change to a minor source, except for VOC or NOx emission increases at minor sources in serious or severe ozone
nonattainment areas, that would increase its emissions to the qualifying levels in Section 210.1 or Section 210.2 of this
rule;
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210.4 Any change in VOC or NOx at a minor source in serious or severe ozone nonattainment areas that would be significant
as described in Section 307.2 of this rule and that would increase its emissions to the qualifying levels in Section 210.1
of this rule;
210.5 Any stationary source that emits, or has the potential to emit, five or more tons of lead per year;
210.6 Any source classified as major undergoing modification that meets the definition of reconstruction;
210.7 A major source that is major for VOCs shall be considered major for ozone; or
210.8 A major source that is major for oxides of nitrogen shall be considered major for ozone in nonattainment areas classified
as marginal, moderate, serious or severe.
211 RECONSTRUCTION - Of sources located in nonattainment areas, reconstruction shall be presumed to have taken place if the
fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source, as
determined in accordance with the provisions of 40 C.F.R. 60.15(f)(1) through (3).
212 RESOURCE RECOVERY PROJECT - Any facility at which solid waste is processed for the purpose of extracting, converting to
energy, or otherwise separating and preparing solid waste for reuse. For the purpose of this rule, only energy conversion facilities
that utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project.
213 SECONDARY EMISSIONS - 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 source 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.
214 SIGNIFICANCE LEVELS - The following ambient concentrations for the enumerated pollutants:
Averaging Time
Pollutant Annual 24-Hour 8-Hour 3-Hour 1-Hour
SO2 1 mg/m³ 5 mg/m³ 25 mg/m³
NO2 1 mg/m³
CO 0.5 mg/m³ 2 mg/m³
PM10 1 mg/m³ 5 mg/m³
Except for the annual pollutant concentrations, exceedance of significance levels shall be deemed to occur when the ambient
concentration of the above pollutant is exceeded more than once per year at any one location. If the concentration occurs at a
specific location and at a time when the Arizona ambient air quality standards for the pollutant are not violated, the significance
level does not apply.
SECTION 300 - STANDARDS
301 PERMIT OR PERMIT REVISION REQUIRED: No person shall commence construction of a new major source nor commence
major modification of a major source without first obtaining a permit or a permit revision from the Control Officer.
302 APPLICATION COMPLETENESS: An application for a permit or a permit revision under this rule shall not be considered
complete unless the application demonstrates that:
302.1 The requirements in Section 303 of this rule are met;
302.2 The more stringent of the applicable new source performance standards (NSPS) in Rule 360-New Source Performance
Standards of these rules or the existing source performance standards in Regulation III-Control Of Air Contaminants of
these rules are applied to the proposed new major source or major modification of a major source;
302.3 The new major source or major modification will not have an adverse impact on visibility as determined by Section 511
of this rule and will satisfy all the visibility requirements contained in Section 511 of this rule. A demonstration of the
impact on visibility shall be made according to Section 508 of this rule and shall be included with the application;
302.4 All applicable provisions of Rule 200-Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For
New Major Sources And Major Modifications To Existing Major Sources, Rule 245-Continuous Source Emission
Monitoring, and Rule 270-Performance Tests of these rules are met;
302.5 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 rule shall not be affected in any manner by:
a. Stack height in excess of GEP stack height except as provided in Section 309 of this rule; or
b. Any other dispersion technique, unless implemented prior to December 31, 1970.
302.6 The new major source or major modification will not exceed the applicable standards for hazardous air pollutants
contained in Rule 370-Federal Hazardous Air Pollutant Program of these rules and/or Rule 372-Maricopa County
Hazardous Air Pollutants (HAPS) Program of these rules.
302.7 The new major source or major modification will not exceed the limitations, if applicable, on emission from fugitive
sources contained in Rule 310-Fugitive Dust, Rule 311-Particulate Matter From Process Industries, and Rule 316-
Nonmetallic Mineral Processing of these rules.
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302.8 A stationary source that will emit 5 or more tons of lead per year will not violate the ambient air quality standards for
lead contained in Rule 510-Air Quality Standards of these rules.
303 AIR IMPACT ANALYSIS FOR ANY GEOGRAPHICAL AREA: Except for assessing air quality impacts within 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 (31 mile) radius from the point of greatest emissions for the new major source or major
modification. The Control Officer, 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 (31 miles), 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.
304 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS: Unless the requirement has been satisfied under these
rules, the Control Officer shall comply with the following requirements:
304.1 Within 60 days after receipt of an application for a permit, of a permit revision subject to this rule, or of any addition to
such application, the Control Officer shall advise the applicant of any deficiency in the application. The date of receipt of
the application shall be, for the purpose of this rule, the date on which the Control Officer received all required
information. The permit application shall not be deemed complete solely because the Control Officer failed to meet the
requirements of this section.
304.2 In addition to Section 511 of this rule, a copy of any notice required by Section 511 of this rule shall be sent to the permit
applicant, to the Administrator, and to the following officials and agencies having cognizance of the location where the
proposed major source or major modification would occur:
a. The Control Officer for the county wherein the proposed or existing source that is the subject of the permit or
permit revision application is located;
b. The Board Of Supervisors 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 five 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.
304.3 The Control Officer shall take final action on the application within one year of the proper filing of the complete
application. The Control Officer shall notify the applicant in writing of his approval or of his denial.
304.4 The Control Officer shall terminate a permit or permit revision issued under this rule if the proposed construction or
major modification is not begun within 18 months of issuance, or if during the construction or major modification, work
is suspended for more than 18 months.
304.5 Within 30 days of the issuance of any permit under this rule, the Control Officer shall submit control technology
information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act.
305 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN NONATTAINMENT AREAS:
305.1 Except as provided in Section 305.3 through Section 305.7 of this rule, no permit or permit revision shall be issued under
this rule to a person proposing to construct a new major source or proposing to make a major modification to a source
located in any nonattainment area for the pollutant(s) for which the source is classified as a major source or the
modification is classified as a major modification unless:
a. The person demonstrates that the new major source or the major modification will meet an emission limitation
which is the lowest achievable emission rate (LAER) for that source for that specific pollutant(s). In
determining LAER for a reconstructed stationary source, the provisions of 40 C.F.R. 60.15(f)(4) shall be taken
into account in assessing whether a new source performance standard is applicable to such stationary source.
b. The person demonstrates that all existing major sources owned or operated by that person (or any entity
controlling, controlled by, or under common control with that person) in the State are in compliance with, or are
on a schedule of compliance for, all conditions contained in permits of each of the sources and all other
applicable emission limitations and standards under the Act and in this rule.
c. The person demonstrates that emission reductions for the specific pollutant(s) from source(s) in existence in the
allowable offset area of the new major source or major modification (whether or not under the same ownership)
meet the offset and net air quality benefit requirements of Section 306 of this rule.
305.2 No permit or permit revision under this rule shall be issued to a person proposing to construct a new major source or
proposing to make a major modification to a major source located in a nonattainment area unless:
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a. The person performs an analysis of alternative sites, sizes, production processes and environmental control
techniques for such new major source or major modification; and
b. The Control Officer determines that the analysis demonstrates that the benefits of the new major source or
major modification significantly outweigh the environmental and social costs imposed as a result of its location,
construction, or modification.
305.3 At such time that a particular source or modification becomes a major stationary source or major modification solely by
virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the
source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of
this rule shall apply to the source or modification as though construction had not yet commenced on the source or
modification.
305.4 Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and
therefore whether the new source or modification is major. However, if a new source or modification is subject to this
rule on the basis of its direct emissions, a permit or a permit revision, under this rule to construct the new source or
modification, shall be denied, unless the conditions specified in Section 305.1(a) and Section 305.1(b) of this rule are
met, for reasonably quantifiable secondary emissions caused by the new source or modification.
305.5 A permit to construct a new source or modification shall be denied, unless the conditions specified in Section 305.1(a),
Section 305.1(b), and Section 305.1(c) of this rule are met for fugitive emissions caused by the new source or
modification. However, these conditions shall not apply to a new major source or major modification that would be a
major source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the
potential emissions of the source or modification, and the source is neither a categorical source nor a source belonging to
the category of sources for which New Source Performance Standards (NSPS) under 40 C.F.R. Part 60 or National
Emission Standards For Hazardous Air Pollutants (NESHAPS) under 40 C.F.R. Part 61 promulgated by the
Administrator prior to August 7, 1980.
305.6 The requirements of Section 305.1(c) of this rule shall not apply to temporary emission sources, such as pilot plants and
portable sources, which are only temporarily located in the nonattainment area, are otherwise regulated by a permit, and
are in compliance with the conditions of that permit.
305.7 A decrease in actual emissions shall be considered in determining the potential of a new source or modification to emit
only to the extent that the Control Officer has not relied on it in issuing any permit or permit revision under these rules,
or the State has not relied on it in demonstrating attainment or reasonable further progress (RFP).
305.8 The issuance of a permit or permit revision under this rule shall not relieve the owner and/or operator of the
responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP) and any other
requirements pursuant to local, State, or Federal law.
305.9 Within 30 days of the issuance of any permit under this section, the Control Officer shall submit control technology
information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act.
306 OFFSET AND NET AIR QUALITY BENEFIT STANDARDS:
306.1 Increased emissions by a major source or major modification subject to this rule shall be offset by reductions in the
emissions of each pollutant for which the area has been designated as nonattainment and for which the source or
modification is classified as major. The offset may be obtained by reductions in emissions from the source or
modification, or from any other source within the allowable offset area. Credit for an emissions offset can be used only if
it has not been relied upon in demonstrating attainment or in demonstrating reasonable further progress (RFP), and if it
has not been relied upon previously in issuing a permit or permit revision under this rule, under Section 301 through
Section 305 of this rule, or not otherwise required under this rule or under any provision of the State Implementation
Plan (SIP).
306.2 An offset shall not be sufficient unless reductions of total emissions for the particular pollutant for which the offset is
required will be:
a. Obtained from sources within the allowable offset area;
b. A surplus emission, which is an emission reduction not required by current regulations in the State
Implementation Plan (SIP); not already relied upon for SIP planning purposes; and not used by the source to
meet any other regulatory requirement, including, at the time emission reduction credits (ERCs) are used,
reasonably available control technology (RACT), reasonable further progress (RFP), or milestones thereof, or
demonstration of attainment;
c. Contemporaneous with the operation, the new major source, or major modification;
d. An emission enforceable by the Administrator;
e. A quantifiable emission. Quantification may be based on emission factors, stack tests, monitored values,
operating rates and averaging times, process or production inputs, modeling or other reasonable measurement
practices. Quantification methods shall be credible, workable, and replicable. The method for calculating
emissions should be used to measure the emissions both before and after the changes in emission levels, both at
the generator and at the user of the emission reduction credits (ERCs); and
f. Sufficient to satisfy the Control Officer that emissions from the new major source or major modification,
together with the offset, will result in reasonable further progress (RFP) for that pollutant.
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306.3 In ozone nonattainment areas classified as marginal, total emissions of VOC and oxides of nitrogen from other sources
shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.10:1. In
ozone nonattainment areas classified as moderate, total emissions of VOC and oxides of nitrogen from other sources
shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.15:1. New
major sources and major modifications in serious and severe ozone nonattainment areas shall comply with this section
and with Section 307 of this rule.
306.4 Only intrapollutant emission offsets shall be allowed. Intrapollutant emission offsets for VOCs shall only include offset
reductions in emissions of VOCs. Intrapollutant emission offsets for oxides of nitrogen shall only include offset
reductions in emissions of oxides of nitrogen.
306.5 For purpose of this rule, reasonable further progress (RFP) shall mean compliance with the schedule of annual
incremental reductions in emissions of the applicable air pollutant prescribed by the Control Officer based on air quality
modeling under Section 510 of this rule, to provide for attainment of the applicable air quality standards by the deadlines
set under Part D of Title I of the Act, or in an applicable implementation plan.
306.6 For the purpose of this rule, net air quality benefit shall mean that during similar time periods either Section 306.6(a) or
Section 306.6(b) of this rule is applicable:
a. A reduction in the number of violations of the applicable Arizona ambient air quality standard within the
allowable offset area has occurred and the following mathematical expression is satisfied:
N K
X i  C X j  C
  
N K
i  1 j  1
when:
C = The applicable Arizona ambient air quality standard.
Xi = The concentration level of the violation at the ith receptor for the pollutant after offsets.
N = The number of violations for the pollutant after offsets (N  K).
Xj = The concentration level of the violation at the jth receptor from the pollutant before offsets.
K = The number of violations for the pollutant before offsets.
b. The average of the ambient concentrations within the allowable offset area after the implementation of the
contemplated offsets will be less than the average of the ambient concentrations within the allowable offset area
without the offsets.
306.7 For the purpose of this rule, baseline shall be defined as:
a. The baseline of total emissions from any sources in existence or sources that have obtained a permit or permit
revision under this rule, regardless of whether or not the sources are in actual operation at the time of
application for the permit or permit revision, shall be the total actual emissions at the time the application is
filed. In addition, the baseline of total emissions shall consist of all emission limitations included as conditions
on federally enforceable permits, except that the offset baseline shall be the actual emissions of the source from
which offset credit is obtained if:
(1) No emission limitations are applicable to a source from which offsets are being sought; or
(2) The demonstration of reasonable further progress (RFP) and attainment of ambient air quality
standards is based upon the actual emissions of sources located within a designated nonattainment
area.
b. If the emission limitations for a particular pollutant allow greater emissions than the potential emission rate of
the source for that pollutant, the baseline shall be the potential emission rate at the time application for the
permit or permit revision under this rule is filed, and emissions offset credit shall be allowed only for control
below the potential emission rate.
306.8 For an existing fuel combustion source, offset credit shall be based on the allowable emissions under the regulations or
permit conditions applicable to the source for the type of fuel being burned at the time the application for the permit or
permit revision under this rule is filed. If an existing source commits to switch to a cleaner fuel at some future date,
emissions offset credit based on the actual emissions for the fuels involved shall not be acceptable unless:
a. The permit or permit revision under this rule for the source specifically requires the use of a specified
alternative control measure that would achieve the same degree of emissions reduction if the source switches
back to a dirtier fuel at some later date; and
b. The source demonstrates to the satisfaction of the Control Officer that it has secured an adequate long-term
supply of the cleaner fuel.
306.9 Offsets shall be made on either a pounds-per-hour, pounds-per-day, pounds-per-quarter, tons-per-quarter, or tons-per-
year basis, whichever is applicable, when all sources involved in the emission offset calculations are operating at their
maximum expected or allowed production rate and, except as otherwise provided in Section 306.8 of this rule, utilizing
the type of fuel burned at the time the application for the permit or permit revision under this rule is filed. A tons-per-
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year basis shall not be used if the new or modified source or the source offsets are not expected to operate throughout
the entire year. No emissions credit may be allowed for replacing one VOC with another VOC of lesser reactivity.
306.10 Emissions reductions achieved by shutting down an existing source or permanently curtailing production or operating
hours below baseline levels may be credited, if the work force to be affected has been notified of the proposed
shutdown or curtailment. No offset credits for shutdowns or curtailments shall be provided for emissions reductions
that are necessary to bring a source into compliance with reasonably available control technology (RACT) or any other
standard under an applicable implementation plan.
306.11 The allowable offset area shall be the geographical area in which the sources are located whose emissions are being
sought to offset emissions from a new major source or major modification. For the pollutants sulfur dioxide, PM10, and
carbon monoxide, the allowable offset area shall be determined by atmospheric dispersion modeling. If the emission
offsets are obtained from a source on the same premises or in the immediate vicinity of the new major source or major
modification, and the pollutants disperse from substantially the same effective stack height, atmospheric dispersion
modeling shall not be required. The allowable offset area for all other pollutants shall be the nonattainment areas for
those pollutants within which the new major source or major modification is to be located.
306.12 An emission reduction may only be used to offset emissions if the reduced level of emissions will continue for the life of
the new source or modification and if the reduced level of emissions is legally and federally enforceable at the time of
permit issuance. It shall be considered legally enforceable, if the following conditions are met:
a. The emission reduction is included as a condition in the permit of the source relied upon to offset the emissions
from the new major source or major modification, or in the case of reductions from sources controlled by the
applicant, is included as a condition of the permit or permit revision under this rule for the new major source or
major modification;
b. The emission reduction is adopted as a part of this rule or comparable rules of any other governmental entity or
is contractually enforceable by the Control Officer and is in effect at the time the permit is issued.
306.13 For the purpose of this rule, the Control Officer may initiate or a source may propose a mobile source emission reduction
credit (MERC) program. “MERC Program” or “Program” means any activity undertaken by a person which generates
actual mobile source emission reductions within the Maricopa County nonattainment area for purposes of establishing
MERCs under this rule.
a. Applicability: A MERC Program applies to any owner, user, transferor, or transferee of a MERC for new
source review (NSR) purposes, of a mobile source for which a MERC has been granted, and for any generator
of a MERC.
b. Limitations:
(1) A MERC Program can be a one-time action, a series of one-time actions, or a continuous set of
actions.
(2) A MERC generated by a MERC Program must create an actual emissions reduction.
(3) A MERC generated by a MERC Program is subject to the written approval of the Control Officer and
the Administrator.
(4) At a minimum, a MERC, like other emission reduction credits used as NSR offsets, must meet the
requirements of Section 306.2 of this rule, including being surplus, enforceable, permanent, and
quantifiable.
(5) The MERC Program shall include specifications regarding:
(a) Quantification of mobile source emission credit.
(b) Life of mobile source emission credit. The life of a MERC shall be dependent on the
duration of the actual emission reductions activity. For the purpose of this section, actual
emission reductions mean emission reductions which occur or are projected to occur within
the Maricopa County nonattainment area and which meet the requirements of Section 306.2
of this rule.
(c) Evidence of disposal of original mobile source. For the purpose of this section, disposal is
not limited to scrapping a mobile source but includes relocating a mobile source outside the
Maricopa County nonattainment area.
(d) Recordkeeping and reporting.
c. Inspections And Recordkeeping:
(1) Any owner, user, transferor, or transferee of a MERC for new source review (NSR) purposes, of a
mobile source for which a MERC has been granted, or any generator of a MERC shall compile and
retain, for five years beyond the credit life (if the credit has a limited life), all records reasonably
necessary to verify compliance with the requirements of this rule and with any other requirements
imposed under the granting or use of the MERC. The Control Officer shall determine what records are
"reasonably necessary" and, prior to the MERC-generating activity taking place, shall approve a
written document, which describes these requirements. Records may be maintained in an electronic
format, if compatible with existing Department computer equipment, as determined by the Control
Officer.
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(2) Access to and copies of all applicable records, for inspection, shall be provided to the Control Officer
upon request.
(3) Any owner, user, transferor, or transferee of a MERC for new source review (NSR) purposes, of a
mobile source for which a MERC has been granted, or any generator of a MERC, is subject to random
inspections by the Control Officer to verify compliance with this rule and any other requirements
imposed under the granting or use of the MERC.
(4) The Control Officer shall, upon request, have access to the premises of any owner, user, transferor, or
transferee of a MERC for new source review (NSR) purposes, of any mobile source for which a
MERC has been granted, or any generator of a MERC, for purposes of conducting an inspection to
verify compliance with this rule and with any other requirements imposed under the granting or use of
the MERC.
(5) Inspections may include review of records, testing, or any other action to verify compliance with this
rule and with any other requirements imposed under the granting or use of the MERC.
307 SPECIAL REQUIREMENTS FOR MAJOR SOURCES OF VOC OR OXIDES OF NITROGEN IN OZONE
NONATTAINMENT AREAS CLASSIFIED AS SERIOUS OR SEVERE:
307.1 The provisions of Section 307 of this rule only apply to stationary sources of VOC or oxides of nitrogen in ozone
nonattainment areas classified as serious or severe. Unless otherwise provided in this rule, all requirements of Rule 200-
Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Permits For New Major Sources And Major
Modifications To Existing Major Sources, Rule 245-Continuous Source Emission Monitoring, and Rule 270-
Performance Tests of these rules apply.
307.2 Significant means, for the purposes of a major modification of any major source of VOC or oxides of nitrogen or for
determining whether an otherwise minor source is major under Section 210-Definition Of Major Source of this rule, any
physical change or change in the method of operations that results in net increases in emissions of either pollutant by
more than 25 tons when aggregated with all other creditable increases and decreases in emissions from the source over
the previous five consecutive calendar years, including the calendar year in which the increase is proposed. For the
purpose of Section 307 of this rule, a physical change or change in the method of operation that results in an increase of
less than one ton per year of VOC or oxides of nitrogen before netting does not trigger a 5-year aggregation exercise.
307.3 For any major source that emits or has the potential to emit less than 100 tons VOC or oxides of nitrogen per year, a
significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification, except that the
increase in emissions from any discrete emissions unit, operation, or other pollutant emitting activity that is offset from
other units, operations, or activities at the source at a ratio of 1.3:1 for the increase in VOC or oxides of nitrogen,
respectively, from the unit, operation, or activity shall not be considered part of the major modification. Best available
control technology (BACT) shall be substituted for lowest achievable emission rate (LAER) for all major modifications
under this section. Net emissions increases in VOC or oxides of nitrogen above the internal offset described herein shall
be subject to the offset requirements in Section 307.5 and Section 307.6 of this rule.
307.4 For any stationary source that emits or has the potential to emit 100 tons or more of VOC or oxides of nitrogen per year,
any significant increase in VOC or oxides of nitrogen, respectively, shall constitute a major modification. If the increase
in emissions from the modification at any discrete emissions unit, operation, or other pollutant emitting activity is offset
from other units, operations or activities at the source at a ratio of 1.3:1 for the increase in VOC or oxides of nitrogen,
respectively from the unit, operation or activity, best available control technology (BACT) shall be substituted for lowest
achievable emission rate (LAER) at the unit, operation, or activity. Net emissions increases in VOC or oxides of nitrogen
above the internal offset described herein shall be subject to the offset requirements in Section 307.5 and Section 307.6
of this rule.
307.5 For any new major source or major modification that is classified major because of emissions or potential to emit VOC
or oxides of nitrogen in an ozone nonattainment area classified as serious, the increase in emissions of these pollutants
from the source or modification shall be offset at a ratio of 1.2:1. The offset shall be made in accordance with the
provisions of Section 306 of this rule.
307.6 For any new major source or major modification that is classified as such because of emissions or potential to emit VOC
or oxides of nitrogen in an ozone nonattainment area classified as severe, the increase in emissions of these pollutants
from the source or modification shall be offset at a ratio of 1.3:1. If the State Implementation Plan (SIP) requires all
existing major sources of these pollutants in the nonattainment area to apply best available control technology (BACT),
then the offset ratio shall be 1.2:1. These offsets shall be made in accordance with the provisions of Section 306 of this
rule.
308 PERMIT REQUIREMENTS FOR SOURCES LOCATED IN ATTAINMENT AND UNCLASSIFIABLE AREAS:
308.1 Except as provided in Section 308.2 through Section 308.7 and Section 509 of this rule, no permit or permit revision
under this rule shall be issued to a person proposing to construct a new major source or proposing to make a major
modification to a major source that would be constructed in an area designated as attainment or unclassifiable for any
pollutant, unless the source or modification meets the following conditions:
a. A new major source shall apply best available control technology (BACT) for each pollutant listed in Rule 100-
General Provisions And Definitions of these rules for which the potential to emit is significant.
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b. A major modification shall apply best available control technology (BACT) for each pollutant listed in Rule
100-General Provisions And Definitions of these rules for which the modification would result in a significant
net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net
emissions increase in the pollutant would occur as a result of a physical change or of a change in the method of
operation in the unit.
c. For phased construction projects, the determination of best available control technology (BACT) shall be
reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior
to commencement of construction of each independent phase of the project. At such time, the owner or operator
of the applicable stationary source may be required to demonstrate the adequacy of any previous determination
of best available control technology (BACT) for the source.
d. Best available control technology (BACT) shall be determined on a case-by-case basis and may constitute
application of production processes or available methods, systems, and techniques, including fuel cleaning or
treatment, clean fuels, or innovative fuel combustion techniques, for control of such pollutant. In no event shall
such application of best available control technology (BACT) result in emissions of any pollutant which would
exceed the emissions allowed by any applicable new source performance standard or national emission
standard for hazardous air pollutants under Rule 360-New Source Performance Standards, Rule 370-Federal
Hazardous Air Pollutant Program, and Rule 372-Maricopa County Hazardous Air Pollutants (HAPS) Program
of these rules. If the Control Officer determines that technological or economic limitations on the application of
measurement methodology to a particular emissions unit would make the imposition of an emissions standard
infeasible, a design, equipment, work practice, operational standard or combination thereof may be prescribed
instead to satisfy the requirement for the application of best available control technology (BACT). Such
standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such
design, equipment, work practice or operation, and shall provide for compliance by means which achieve
equivalent results.
e. The person applying for the permit or permit revision under this rule performs an air impact analysis and
monitoring as specified in Section 500 of this rule and such analysis demonstrates that allowable emission
increases from the proposed new major source or major modification, in conjunction with all other applicable
emission increases or reductions, including secondary emissions, for all pollutants listed in Rule 500-
Attainment Area Classification of these rules, and minor and mobile sources for oxides of nitrogen:
(1) Would not cause nor contribute to an increase in concentrations of any pollutant by an amount in
excess of any applicable maximum allowable increase over the baseline concentration in Rule 500-
Attainment Area Classification of these rules for any attainment or unclassified area; or
(2) Would not cause nor contribute to an increase in ambient concentrations for a pollutant by an amount
in excess of the significance level for such pollutant in any adjacent area in which Arizona primary or
secondary ambient air quality standards for that pollutant are being violated. A new major source of
volatile organic compounds (VOCs) or oxides of nitrogen, or a major modification to a major source
of VOCs or oxides of nitrogen, shall be presumed to contribute to violations of the Arizona ambient
air quality standards for ozone if it will be located within 50 kilometers (31 miles) of a nonattainment
area for ozone. The presumption may be rebutted for a new major source or major modification if it
can be satisfactorily demonstrated to the Control Officer that emissions of VOCs or oxides of nitrogen
from the new major source or major modification will not contribute to violations of the Arizona
ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a
demonstration shall include a showing that topographical, meteorological or other physical factors in
the vicinity of the new major source or major modification are such that transport of VOCs emitted
from the source are not expected to contribute to violations of the ozone standards in the adjacent
nonattainment areas.
f. Air quality models:
(1) All estimates of ambient concentrations required under this rule shall be based on the applicable air
quality models, data basis, and other requirements specified in 40 C.F.R. 51, Appendix W, “Guideline
On Air Quality Models”, as of July 1, 2004 (and no future amendments or additions), which shall be
referred to hereinafter as "Guideline" and is adopted by reference.
(2) Where an air quality impact model specified in the Guideline is inappropriate, the model may be
modified or another model substituted. Such a change is subject to notice and opportunity for public
comment. Written approval of the Administrator shall be obtained for any modification or
substitution.
308.2 The requirements of this section shall not apply to a new major source or major modification to a source with respect to a
particular pollutant if the person applying for the permit or permit revision under this rule demonstrates that, as to that
pollutant, the source or modification is located in an area designated as nonattainment for the pollutant.
308.3 The requirements of this section shall not apply to a new major source or major modification of a source if such source
or modification would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are
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considered in calculating the potential emissions of the source or modification, and the source is not either among the
Categorical Sources listed in Section 202 of this rule or belongs to the category of sources for which New Source
Performance Standards (NSPS) under 40 C.F.R. Part 60 or National Emission Standards For Hazardous Air Pollutants
(NESHAPS) under 40 C.F.R. Part 61, promulgated by the Administrator prior to August 7, 1980.
308.4 The requirements of this section shall not apply to a new major source or major modification to a source when the owner
of such source is a nonprofit health or educational institution.
308.5 The requirements of this section shall not apply to a portable source which would otherwise be a new major source or
major modification to an existing source if such portable source is temporary, is under a permit or permit revision issued
under this rule, is in compliance with the conditions of that permit or permit revision under this rule, the emissions from
the source will not impact a Class I area nor an area where an applicable increment is known to be violated, and
reasonable notice is given to the Control Officer prior to the relocation identifying the proposed new location and the
probable duration of operation at the new location. Such notice shall be given to the Control Officer not less than 10
calendar days in advance of the proposed relocation unless a different time duration is previously approved by the
Control Officer.
308.6 Special Requirements Applicable To Federal Land Managers:
a. Notwithstanding any other provision of this rule, a Federal Land Manager may present to the Control Officer a
demonstration that the emissions attributed to such new major source or major modification to a source will
have significant adverse impact on visibility or other specifically defined air quality related values of any
Federal Mandatory area designated in Rule 500-Attainment Area Classification of these rules, regardless of the
fact that the change in air quality resulting from emissions attributable to such new major source or major
modification to a source in existence will not cause or contribute to concentrations which exceed the maximum
allowable increases for a Class I area. If the Control Officer concurs with such demonstrations, the permit or
permit revision under this rule shall be denied.
b. If the owner or operator of a proposed new major source or a source for which major modification is proposed
demonstrates to the Federal Land Manager that the emissions attributable to such major source or major
modification will have no significant adverse impact on the visibility or other specifically defined air quality
related values of such areas and the Federal Land Manager so certifies to the Control Officer, the Control
Officer may issue a permit or permit revision under this rule notwithstanding the fact that the change in air
quality resulting from emissions attributable to such new major source or major modification will cause or
contribute to concentrations which exceed the maximum allowable increases for a Class I area. Such a permit
or permit revision under this rule shall require that such new major source or major modification comply with
such emission limitations as may be necessary to assure that emissions will not cause increases in ambient
concentrations greater than the following maximum allowable increases over baseline concentrations for such
pollutants:
Maximum Allowable Increases
Pollutant Averaging Time Increase In mg/m3
TSP Annual Geometric Mean 19
TSP 24-hour Maximum 37
SO2 Annual Arithmetic Mean 20
SO2 24-hour Maximum 91
SO2 3-hour Maximum 325
NO2 Annual Arithmetic Mean 25
308.7 The issuance of a permit or permit revision under this rule in accordance with this section shall not relieve the owner
or operator of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP)
and any other requirements under local, State, or Federal law.
308.8 At such time that a particular source or modification becomes a major source or major modification solely by virtue
of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the
source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the
requirements of this rule shall apply to the source or modification as though construction had not yet commenced on
the source or modification.
309 STACK HEIGHT LIMITATION:
309.1 The limitations set forth herein shall not apply to stacks or dispersion techniques used by the owner or operator prior
to December 31, 1970, for which the owner or operator had:
a. Begun, or caused to begin, a continuous program of physical on-site construction of the stack;
b. Entered into building agreements or contractual obligations, which could not be canceled 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; or
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c. Coal fired steam electric generating units, subject to the provisions of Section 118 of the Act which
commenced operation before July 1, 1975, with stacks constructed under a construction contract awarded
before February 8, 1974.
309.2 Good engineering practice (GEP) stack height is calculated as the greater of the following four numbers:
a. 65 meters (213.25 feet).
b. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all
applicable preconstruction permits or approvals required under 40 C.F.R. Parts 51 and 52 and Section 305
of this rule, Hg = 2.5H.
c. For all other stacks, Hg = H + 1.5L, where:
Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the
stack;
H = height of nearby structure measured from the ground-level elevation at the base of the stack;
L = lesser dimension (height or projected width) of nearby structure; provided that the EPA, the Director,
or the Control Officer may require the use of a field study or fluid model to verify good engineering
practice (GEP) stack height for the source; or
d. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which
ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a
result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or
nearby terrain obstacles.
e. For a specific structure or terrain feature, "nearby" shall be:
(1) For purposes of applying the formulae in Section 309.2(b) of this rule and Section 309.2(c) of this
rule, that distance up to five times the lesser of the height or the width dimension of a structure but
not greater than 0.8 km (one-half mile).
(2) For conducting demonstrations under Section 309.2(d) of this rule, means not greater than 0.8 km
(one-half mile). An exception is that the portion of a terrain feature may be considered to be
nearby which falls within a distance of up to 10 times the maximum height (H+) of the feature, not
to exceed two miles if such feature achieved a height (H+) 0.8 km from the stack. The height shall
be at least 40% of the good engineering practice (GEP) stack height determined by the formula
provided in Section 309.2(c) of this rule, or 85 feet (26 meters), whichever is greater, as measured
from the ground-level elevation at the base of the stack.
f. "Excessive concentrations" means, for the purpose of determining good engineering practice stack height
under Section 309.2(d) of this rule:
(1) For sources seeking credit for stack height exceeding that established under Sections 309.2(b) and
309.2(c) of this rule, a maximum ground-level concentration due to emissions from a stack due in
whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby
terrain features which individually is at least 40% in excess of the maximum concentration
experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a
total concentration due to emissions from all sources that is greater than an ambient air quality
standard. For sources subject to the requirements for permits or permit revisions under this rule, an
excessive concentration alternatively means a maximum ground-level concentration due to
emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by
nearby structures or nearby terrain features which individually is at least 40% in excess of the
maximum concentration experienced in the absence of such downwash, wakes or eddy effects and
greater than the applicable maximum allowable increase contained in Rule 500-Attainment Area
Classification of these rules. The allowable emission rate to be used in making demonstrations
under Section 309.2(d) of this rule shall be prescribed by the new source performance standard
(NSPS) which is applicable to the source category, unless the owner or operator demonstrates that
this emission rate is infeasible. Where such demonstrations are approved by the Control Officer,
an alternative emission rate shall be established in consultation with the source owner or operator.
(2) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the
heights established under Sections 309.2(b) and 309.2(c) of this rule, either:
(a) A maximum ground-level concentration due in whole or in part to downwash, wakes, or
eddy effects as provided in Section 309.2(f)(1) of this rule, except that emission rate
specified by any applicable State Implementation Plan (SIP) shall be used, or
(b) The actual presence of a local nuisance caused by the existing stack, as determined by the
Control Officer; and
(3) For sources seeking credit after January 12, 1979, for a stack height determined under Sections
309.2(b) and 309.2(c) of this rule, where the Control Officer requires the use of a field study or
fluid model to verify good engineering practice (GEP) stack height, for sources seeking stack
height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and
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for sources seeking stack height credit after December 31, 1970, based on the aerodynamic
influence of structures not adequately represented by the equations in Sections 309.2(b) and
309.2(c) of this rule, a maximum ground-level concentration due in whole or in part to downwash,
wakes, or eddy effects that is at least 40% in excess of the maximum concentration experienced in
the absence of such downwash, wakes, or eddy effects.
309.3 The degree of emission limitation required of any source after the respective date given in Section 309.1 of this rule
for control of any pollutant shall not be affected by so much of any source's stack height that exceeds good
engineering practice or by any other dispersion technique.
309.4 The good engineering practice (GEP) stack height for any source seeking credit because of plume impaction which
results in concentrations in violation of national ambient air quality standards or applicable prevention of significant
deterioration (PSD) increments can be adjusted by determining the stack height necessary to predict the same
maximum air pollutant concentration on any elevated terrain feature as the maximum concentration associated with
the emission limit which results from modeling the source using the good engineering practice (GEP) stack height as
determined herein and assuming the elevated terrain features to be equal in elevation to the good engineering
practice (GEP) stack height. If this adjusted good engineering practice (GEP) stack height is greater than stack
height the source proposes to use, the source's emission limitation and air quality impact shall be determined using
the proposed stack height and the actual terrain heights.
309.5 Before the Control Officer issues a permit or permit revision under this rule to a source based on a good engineering
practice (GEP) stack height that exceeds the height allowed by Section 309.2 of this rule, the Control Officer shall
notify the public of the availability of the demonstration study and provide opportunity for a public hearing in
accordance with the requirements of Rule 210-Title V Permit Provisions of these rules.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS
501 POLLUTANTS TO BE INCLUDED IN ANALYSIS OF AMBIENT AIR QUALITY: Any application for a permit or permit
revision under this rule to construct a new major source or major modification to a major source shall contain for each of the
following pollutants an analysis of ambient air quality in the area that the new major source or major modification would
affect:
501.1 For the new source, each pollutant that it would have the potential to emit in a significant amount.
501.2 For the modification, each pollutant for which it would result in a significant net emissions increase.
502 PRECONSTRUCTION AIR QUALITY MONITORING DATA:
502.1 With respect to any such pollutant for which no national ambient air quality standard exists, the analysis shall
contain all air quality monitoring data as the Control Officer determines is necessary to assess ambient air quality for
that pollutant in any area that the emissions of the pollutant would affect.
502.2 With respect to any such pollutant, other than nonmethane hydrocarbons, for which a national ambient air quality
standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would cause or contribute to a violation of such standard or of any
maximum allowable increase.
502.3 In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at
least one year and shall represent at least the year preceding receipt of the application, except that if the Control
Officer determines that a complete and adequate analysis can be accomplished with continuous air quality
monitoring data gathered over a period shorter than one year, but not to be less than four months, the data that is
required shall have been gathered over at least that shorter period.
503 COMPLETE APPLICATION AIR QUALITY MONITORING DATA: For any application which, prior to February 9, 1982,
becomes complete, except as to the requirements of Section 502.2 of this rule, the data that Section 502.2 of this rule requires
shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise
complete, except that:
503.1 If the new source or modification would have been major for that pollutant under Section 308 of this rule as in effect
on October 2, 1979, any monitoring data shall have been gathered over at least the period required by Section 308 of
this rule.
503.2 If the Control Officer determines that a complete and adequate analysis can be accomplished with monitoring data
over a shorter period (not to be less than four months), the data that Section 502.2 of this rule requires shall have
been gathered over that shorter period.
503.3 If the monitoring data would relate exclusively to ozone and would not have been required under Section 308 of this
rule as in effect on October 2, 1979, the Control Officer may waive the otherwise applicable requirements of Section
308 of this rule to the extent that the applicant shows that the monitoring data would be unrepresentative of air
quality over the full year.
504 POST-APPROVAL AIR QUALITY MONITORING DATA FOR OZONE: The owner or operator of a proposed stationary
source or modification to a source of VOCs who satisfies all conditions of 40 C.F.R. 51, Appendix S, Section IV, may
provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Section 502 of
this rule.
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505 POST-CONSTRUCTION AIR QUALITY MONITORING DATA: The owner or operator of a new major source or major
modification shall, after construction of the source or modification, conduct such ambient monitoring as the Control Officer
determines is necessary to determine the effect emissions from the new source or modification may have, or are having, on
air quality in any area.
506 OPERATIONS OF MONITORING STATIONS: The owner or operator of a new major source or major modification shall
meet the requirements of 40 C.F.R. 58, Appendix B, during the operation of monitoring stations for purposes of satisfying
Section 502 through Section 505 of this rule.
507 EXCEPTIONS TO MONITORING FOR A PARTICULAR POLLUTANT: The requirements of Section 502 through
Section 506 of this rule shall not apply to a new major source or major modification to an existing source with respect to
monitoring for a particular pollutant if:
507.1 The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the
modification would cause, in any area, air quality impacts less than the following amounts:
Pollutant Concentration Averaging Time
Carbon Monoxide 575 mg/m3 8 hour average
Nitrogen dioxide 14 mg/m3 annual average
PM10 10 mg/m3 24 hour average
Sulfur dioxide 13 mg/m3 24 hour average
Lead 0.1 mg/m3 24 hour average
Fluorides 0.25 mg/m3 24 hour average
Total reduced sulfur 10 mg/m3 1 hour average
Hydrogen sulfide 0.04 mg/m3 1 hour average
Reduced sulfur compounds 10 mg/m3 1 hour average
Ozone Increased emissions of less than 100 tons per year of
volatile organic compounds or oxides of nitrogen
or,
507.2 The concentrations of the pollutant in the area that the new source or modification would affect are less than the
concentrations listed in Section 507.1 of this rule.
508 VISIBILITY AND AIR QUALITY IMPACT ANALYSIS: Any application for a permit or a permit revision under this rule
to construct a new major source or major modification to a source shall contain:
508.1 An analysis of the impairment to visibility, soils and vegetation that would occur as a result of the new source or
modification and general commercial, residential, industrial and other growth associated with the new source or
modification. The applicant need not provide an analysis of the impact on vegetation having no significant
commercial or recreational value.
508.2 An analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial
and other growth associated with the new source or modification.
509 INNOVATIVE CONTROL TECHNOLOGY:
509.1 Notwithstanding the provisions of Sections 308.1(a), 308.1(b), and 308.1(c), of this rule, the owner or operator of a
proposed new major source or major modification may request that the Control Officer approve a system of
innovative control technology rather than the best available control technology (BACT) requirements otherwise
applicable to the new source or modification.
509.2 The Control Officer shall approve the installation of a system of innovative control technology if the following
conditions are met:
a. The owner or operator of the proposed source or modification satisfactorily demonstrates that the proposed
control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in
its operation or function;
b. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which
would have been required under Section 308.1(b) of this rule by a date specified in the permit or permit
revision under this rule for the source. Such date shall not be later than four years from the time of start-up
or seven years from the issuance of a permit or permit revision under this rule;
c. The source or modification would meet requirements equivalent to those in Section 308.1 of this rule based
on the emissions rate that the stationary source employing the system of innovative control technology
would be required to meet on the date specified in the permit or permit revision under this rule;
d. Before the date specified in the permit or permit revision under this rule, the source or modification would
not:
(1) Cause or contribute to any violation of an applicable State ambient air quality standard; or
(2) Impact any area where an applicable increment is known to be violated.
e. All other applicable requirements, including those for public participation have been met.
f. The Control Officer receives the consent of the governors of other affected states.
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g. The limits on pollutants contained in Rule 500-Attainment Area Classification of these rules for Class I
areas will be met for all periods during the life of the source or modification.
509.3 The Control Officer shall withdraw any approval to employ a system of innovative control technology made under
this rule if:
a. The proposed system fails by the specified date to achieve the required continuous emissions reduction
rate; or
b. The proposed system fails before the specified date, so as to contribute to an unreasonable risk to public
health, welfare, or safety; or
c. The Control Officer decides at any time that the proposed system is unlikely to achieve the required level
of control or to protect the public health, welfare, or safety.
509.4 If the new source or major modification fails to meet the required level of continuous emissions reduction within the
specified time period, or if the approval is withdrawn in accordance with Section 509.3 of this rule, the Control
Officer may allow the owner or operator of the source or modification up to an additional three years to meet the
requirement for the application of best available control technology (BACT) through use of a demonstrated system
of control.
510 AIR QUALITY MODELS:
510.1 Where the Control Officer requires a person requesting a permit or permit revision under this rule to perform air
quality impact modeling to obtain such permit or permit revision under this rule, the modeling shall be performed in
a manner consistent with the Guideline.
510.2 Where the person requesting a permit or permit revision under this rule can demonstrate that an air quality impact
model specified in the Guideline is inappropriate, the model may be modified or another model substituted.
However, before such modification or substitution can occur, the Control Officer must make a written finding that:
a. No model in the Guideline is appropriate for a particular permit or permit revision under this rule under
consideration; or
b. The data base required for the appropriate model in the Guideline is not available; and
c. The model proposed as a substitute or modification is likely to produce results equal or superior to those
obtained by models in the Guideline; and
d. The model proposed as a substitute or modification has been approved by the Administrator.
510.3 Use of a modified or substituted model under this rule shall be subject to notice and opportunity for public comment
under Rule 210-Title V Permit Provisions of these rules.
511 VISIBILITY PROTECTION:
511.1 For any new major source or major modification subject to the provisions of this rule, no permit or permit revision
under this rule shall be issued to a person proposing to construct or to modify the source, unless the applicant has
provided:
a. An analysis of the anticipated impacts of the proposed source on visibility in any Class I areas which may
be affected by the emissions from that source; and
b. Results of monitoring of visibility in any area near the proposed source for such purposes and by such
means as the Control Officer determines is necessary and appropriate.
511.2 A determination of an adverse impact on visibility shall be made based on consideration of all of the following
factors:
a. The times of visitor use of the area.
b. The frequency and timing of natural conditions in the area that reduce visibility.
c. All of the following visibility impairment characteristics:
(1) Geographic extent;
(2) Intensity;
(3) Duration;
(4) Frequency; and
(5) Time of day.
d. The correlation between the characteristics listed in Section 511.2(c) of this rule and the factors described
in Sections 511.2(a) and 511.2(b) of this rule.
511.3 The Control Officer shall not issue a permit or a permit revision under this rule, or pursuant to Rule 200-Permit
Requirements, Rule 210-Title V Permit Provisions, Rule 245-Continuous Source Emission Monitoring, and Rule
270-Performance Tests of these rules, for any new major source or major modification subject to this rule, unless the
following requirements have been met:
a. The Control Officer shall notify the individuals identified in Section 511.3(b) of this rule within 30 days of
receipt of any advance notification of any such permit application or permit revision application under this
rule.
b. Within 30 days of receipt of an application for a permit or permit revision under this rule for a source
whose emissions may affect a Class I area, the Control Officer shall provide written notification of the
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application to the Federal Land Manager and to the federal official charged with direct responsibility for
management of any lands within any such area. The notice shall:
(1) Include a copy of all information relevant to the permit application or to the permit revision
application under this rule;
(2) Include an analysis of the anticipated impacts of the proposed source on visibility in any area
which may be affected by emissions from the source; and
(3) Provide for no less than a 30 day period within which written comments may be submitted.
c. The Control Officer shall consider any analysis provided by the Federal Land Manager that is received
within the comment period provided in Section 511.3(b) of this rule.
(1) Where the Control Officer finds that the analysis provided by the Federal Land Manager does not
demonstrate to the satisfaction of the Control Officer that an adverse impact on visibility will
result in the area, the Control Officer shall, within the public notice required by Rule 210-Title V
Permit Provisions of these rules, either explain the decision or specify where the explanation can
be obtained.
(2) When the Control Officer finds that the analysis provided by the Federal Land Manager
demonstrates to the satisfaction of the Control Officer that an adverse impact on visibility will
result in the area, the Control Officer shall not issue a permit or permit revision under this rule for
the proposed new major source or major modification.
d. When the proposed permit decision is made under Rule 210-Title V Permit Provisions of these rules and
available for public review, the Control Officer shall provide the individuals identified in Section 511.3(b)
of this rule with a copy of the proposed permit decision and shall make available to them any materials
used in making that determination.
REGULATION II - PERMITS AND FEES
RULE 240
FEDERAL MAJOR NEW SOURCE REVIEW (NSR)
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 INCORPORATION BY REFERENCE
SECTION 200 – DEFINITIONS (NOT APPLICABLE)
SECTION 300 – STANDARDS
301 PERMIT OR PERMIT REVISION REQUIRED
302 APPLICATION COMPLETENESS
303 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS
304 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN
NONATTAINMENT AREAS
305 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN
ATTAINMENT OR UNCLASSIFIABLE AREAS
306 STACK HEIGHT AND DISPERSION TECHNIQUES
SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 – MONITORING AND RECORDS (NOT APPLICABLE)
Adopted 11/15/1993; Revised 02/15/1995; Revised 02/07/2001; Revised 05/07/2003; Revised 06/06/2007; Repealed and Adopted
xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
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RULE 240
FEDERAL MAJOR NEW SOURCE REVIEW (NSR)
SECTION 100 - GENERAL
101 PURPOSE: To implement the federal new source review requirements, including nonattainment area new source review
requirements of sections 172(c)(5) and 173 of the Clean Air Act for any area designated nonattainment for any national
ambient air quality standard under 40 CFR 81.303 and attainment area prevention of significant deterioration requirements of
section 165 of the Clean Air Act for any area designated attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii)
of the Clean Air Act. This is a preconstruction review and permitting program applicable to new or modified major stationary
sources in areas designated nonattainment, attainment or unclassifiable.
102 APPLICABILITY: The provisions of this rule apply to any new major stationary source or major modification to an
existing major stationary source of regulated NSR pollutants.
103 INCORPORATION BY REFERENCE: Except at otherwise provided in this rule, the CFR sections adopted as of July 1,
2015, as cited in this rule, are adopted and incorporated by reference in the Maricopa County Air Pollution Control
Regulations. This incorporation by reference includes no future editions or amendments.
SECTION 200 - DEFINITIONS: The definitions applicable throughout this rule are incorporated by reference into Sections 304 and
305 of this rule. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in
this rule take precedence for this rule. See Rule 100 (General Provisions and Definitions) of these rules for definitions of terms that are
used but not specifically defined in this rule.
SECTION 300 - STANDARDS
301 PERMIT OR PERMIT REVISION REQUIRED: No person shall begin actual construction of a new major source or a
major modification subject to the requirements of this rule without first obtaining a proposed final permit from the Control
Officer, pursuant to Rule 210 Section 303.1(b) of these rules, stating that the major source or major modification shall meet
the requirements of this rule.
302 APPLICATION COMPLETENESS: An application for a permit or a permit revision under this rule other than a PAL
permit pursuant to Sections 304 and 305 of this rule shall not be considered complete unless the applicant demonstrates that:
302.1 The impact analyses requirements in Section 304.16 and Section 305 of this rule are met and demonstrate that the
new major source or major modification will not interfere with the attainment or maintenance of any applicable
NAAQS.
302.2 The more stringent of the applicable new source performance standards (NSPS) in Section 111 of the Clean Air Act
or the existing source performance standards in Regulation III-Control Of Air Contaminants of these rules are
applied to the proposed new major source or major modification of a major source.
302.3 The new major source or major modification will not have an adverse impact on visibility in any Federal Class I
area or mandatory Class I Federal area, as determined by Sections 304 and 305 of this rule and the applicant will
satisfy all the visibility requirements contained in Sections 304 and 305 of this rule. A demonstration of the impact
on visibility shall be made according to 40 CFR 51.307(a), 40 CFR 52.21(o), and (p)(1) through (p)(4) as
incorporated by reference and shall be included with the application.
302.4 All applicable requirements of the SIP are met, including but not limited to the requirements contained in Rule 200-
Permit Requirements, Rule 210-Title V Permit Provisions, Rule 240-Federal Major Source Review (NSR), Rule
245-Continuous Source Emission Monitoring, and Rule 270-Performance Tests of these rules.
302.5 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
to satisfy BACT or LAER as applicable. The degree of emission limitation required for control of any pollutant
under this rule shall not be affected in any manner by:
a. Stack height in excess of GEP stack height except as provided in Section 306 of this rule; or
b. Any other dispersion technique, unless implemented prior to December 31, 1970.
302.6 The new major source or major modification will the applicable standards for hazardous air pollutants contained in
Section 112 of the Clean Air Act.
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302.7 The new major source or major modification will comply with all applicable requirements of Regulation III.
303 ACTION ON APPLICATION AND NOTIFICATION REQUIREMENTS: Unless the specific requirement has been
satisfied under Rule 210 of these rules, the Control Officer shall comply with the following requirements:
303.1 Within 60 days after receipt of an application for a permit, or a permit revision subject to this rule, or of any addition
to such application, the Control Officer shall advise the applicant of any deficiency in the application. The date of
receipt of the application shall be, for the purpose of this rule, the date on which the Control Officer received all
required information and deemed the application complete. The permit application shall not be deemed complete
solely because the Control Officer failed to meet the requirements of this section.
303.2 Prior to issuing a permit or permit revision pursuant to this rule, the Control Officer shall:
a. Make a preliminary determination whether the permit or permit revision or should be approved with conditions
or disapproved.
b. Make available in at least one location, including the closest Department office, a copy of all materials the
applicant submitted, a copy of the preliminary determination, a copy of the proposed permit and a copy or
summary of other materials, if any, considered in making the preliminary determination. Permits or permit
revisions subject to the provisions in Section 305 of this rule, shall also make available the degree of increment
consumption that is expected from the source or modification.
c. Publish in at least one newspaper of general circulation in Maricopa County a notice stating the preliminary
determination of the Control Officer, noting how pertinent information can be obtained, and inviting written
public comment for a 30-day period following the date of publication. The notice shall include the time and
place of any hearing that may be held, including a statement of procedure to request a hearing (unless a hearing
has already been scheduled).
d. Send a copy of the notice requesting public comment to the permit applicant, the Administrator, and the
following officials and agencies having cognizance of the location where the proposed major source or major
modification would occur:
(1) The Board Of Supervisors for the county wherein the proposed or existing source that is the subject of the
permit or permit revision application is located;
(2) The city or town managers of the city or town which contains, and any city or town the boundaries of
which are within five miles of the location of the proposed or existing source that is the subject of the
permit or permit revision application;
(3) 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
(4) Any State, Federal Land Manager, or Indian governing body whose lands may be affected by emissions
from the proposed source or modification.
e. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or
major modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307 as
incorporated by reference.
f. Provide opportunity for a public hearing for persons to appear and submit written or oral comments on the air
quality impact of the source, alternatives to it, the control technology required, and other appropriate
considerations, if in the Control Officer’s judgment such a hearing is warranted. The Control Officer shall give
notice of any public hearing at least 30 days in advance of the hearing.
g. Consider all written comments that were submitted within the 30 day public comment period and all comments
received at any public hearing in making a final determination on the approvability of the application and make
all comments available, including the Control Officer’s response to the comments, for public inspection in the
same location where the Control Officer made available preconstruction information relating to the proposed
source or modification.
h. Make a final determination whether the permit or permit revision should be approved with conditions or denied
within one year of the proper filing of the complete application. The Control Officer shall notify the applicant in
writing of his approval or of his denial.
303.3 The authority to construct and operate a new major source or major modification under a permit or permit revision
issued under this rule shall terminate if the owner or operator does not commence the proposed construction within
18 months of issuance, or if during the construction, the owner or operator suspends work for more than 18 months.
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The Control Officer 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 approved phases of a phased construction
project; each phase must commence construction within 18 months of the projected and approved commencement
date.
303.4 Within 30 days of the issuance of any permit under this rule, the Control Officer shall submit control technology
information from the permit to the Administrator for the purposes listed in Section 173(d) of the Clean Air Act.
303.5 Prior to issuance of a preliminary decision to issue a permit or permit revision for a new major stationary source or
major modification, the Control Officer shall make each of the following determinations:
a. That the new or modified source will not violate applicable state implementation plan (SIP) requirements.
b. That the new or modified source will not interfere with the attainment or maintenance of any applicable
NAAQS.
c. For applications subject to Section 305, that the new or modified source will not cause or contribute to a
violation of a prevention of significant deterioration (PSD) increment identified in Section 305 of this rule.
d. That the new or modified source has met the BACT or LAER control technology requirements as applicable in
Sections 304 and 305 of this rule.
304 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN
NONATTAINMENT AREAS: The provisions of this section apply to new major stationary sources and major
modifications to existing major stationary sources located in areas designated as nonattainment under 40 CFR 81.303 and
which would be major for the nonattainment regulated NSR pollutant. Such sources are subject to nonattainment new source
review.
304.1 Definitions: The definitions contained in 40 CFR 51.100, 40 CFR 51.301, and 40 CFR 51.165(a)(1) are
incorporated by reference, except as provided below:
a. The following incorporated provisions of 40 CFR 51.165(a)(1) are revised as follows:
(1) The definition of “major stationary source” shall include the following: “any stationary source that emits,
or has the potential to emit, five or more tons of lead per year.”
(2) The term “reviewing authority” shall be replaced with “Control Officer”.
(3) In the definition of “net emissions increase”, the term “reasonable period” shall be replaced with “Between
the date five years before construction on the date the particular change commences, and the date that the
increase from the particular change occurs.”
(4) The definition of the term “Projected actual emissions” as defined in 40 CFR 51.165(a)(1)(xxviii)
(B)(1)shall be revised to include “Maricopa County” and to read as: “…, the company’s filings with
Maricopa County, the State or Federal regulatory authorities,….”
b. The following definitions of 40 CFR 51.165(a)(1) are excluded: (xliii), (xliv), (xlv), and (xlvi).
c. The following definitions in 40 CFR 51.301 are included: “Adverse impact on visibility”; “Natural conditions”;
and “Visibility impairment”.
304.2 Emission calculation requirements to determine NSR applicability: Except for an application for a PAL permit
subject to Section 304.9 of this rule, the provisions contained in 40 CFR 51.165(a)(2)(ii)(A) through (F) as
incorporated by reference shall be used to determine if a proposed project will result in a new major stationary
source or a major modification to an existing stationary source. These provisions shall not be used to determine the
quantity of offsets required for a project subject the the requirements of Section 304 of this rule.
304.3 Emission offsets: Increased emissions, calculated pursuant to Section 304.5(d) of this rule, a major source or major
modification subject to Section 304 of this rule shall be offset by reductions in the emissions of each pollutant for
which the area has been designated as nonattainment and for which the proposed project will result in a new major
stationary source or a major modification. Unless an offset ratio is provided for the applicable nonattainment area in
Section 304.6 of this rule, the offset ratio of total actual emissions reductions to emission increases shall be at least 1
to 1.
304.4 Baseline for determining credit for offsets: The baseline for determining credit for emissions reductions shall be
the actual emissions of the source from which offset credit is obtained.
304.5 Offset and emission reduction requirements:
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a. All emission reductions claimed as offset credit shall meet the provisions contained in 40 CFR
51.165(a)(3)(ii)(A) through (D) as incorporated by reference and 40 CFR 51.165(a)(3)(ii)(G) as incorporated by
reference.
b. All emission reductions claimed as offset credits shall be federally enforceable by the time a permit is issued to
the owner or operator of the major source subject to this Section and shall be in effect by the time the new or
modified source subject to the permit commences operations.
c. Location of offsetting emissions: The applicant of a major source or major modification subject to this rule
must obtain offset credits from the same source or from other sources in the same nonattainment area, except
that the Control Officer may allow the applicant to obtain offset credits from another nonattainment area if the
provisions contained in 40 CFR Part 51 Appendix S (IV)(D) as incorporated by reference are satisfied.
d. The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be
offset under this Section shall be determined by summing the difference between the allowable emissions after
the modification and the actual emissions before the modification for each emissions unit.
e. Interpollutant offsetting:
(1) For the purposes of satisfying the offset requirements the Control Officer may approve interpollutant
emission offsets for precursor pollutants on a case by case basis, except for PM10, which is subject to
Section 304.5(e)(2), and PM2.5, which is subject to Section 304.5(e)(5). In such cases, the Control Officer
shall impose, based on an air quality analysis, emission offset ratios in addition to the requirements of
Sections 304.3 and 304.6. Interpollutant emission offsets used at a major stationary source must receive
written approval by the Administrator.
(2) Interpollutant offsets between PM10 and PM10 precursors are not allowed.
(3) PM10 emissions shall not be allowed to offset Nitrogen Oxides or Volatile Organic Compound (VOC)
emissions in ozone nonattainment areas.
(4) In no case shall the compounds excluded from the definition of VOC be used as offsets for VOC.
(5) Interpollutant offsets between PM2.5 and PM2.5 precursors are not allowed unless modeling has been used to
demonstrate appropriate PM2.5 interpollutant offset ratios as approved in a PM2.5 Attainment Plan.
304.6 Offset ratios for ozone nonattainment areas: In meeting the emissions offset requirements of Section 304.3 for
ozone nonattainment areas, the offset ratio of total actual emissions reductions of VOC or nitrogen oxides to the
emissions increase of VOC or nitrogen oxides shall be as follows:
a. In any marginal nonattainment area for ozone − at least 1.1 to 1;
b. In any moderate nonattainment area for ozone – at least 1.15 to 1;
c. In any serious, severe, or extreme nonattainment area for ozone the applicable ratio as provided in 40 CFR
51.165(a)(9)(ii)(C) through (E) and 40 CFR 51.165(a)(9)(iii) as incorporated by reference.
304.7 Source Obligations:
a. The issuance of a permit or permit revision under this rule in accordance with this section shall not relieve the
owner or operator of the responsibility to comply fully with applicable provisions of the State Implementation
Plan (SIP) and any other requirements under local, State, or Federal law.
b. At such time that a particular source or modification becomes a major source or major modification solely by
virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity
of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the
requirements of this rule shall apply to the source or modification as though construction had not yet
commenced on the source or modification.
c. Any owner or operator who constructs or operates a source or modification not in accordance with the
application submitted pursuant to this rule, any changes to the application as required by the Control Officer, or
with the terms of its permit, shall be subject to enforcement action.
304.8 Non-Major Modifications that Result in Reasonable Possibility of Significant Emissions Increase: The
provisions of this section shall apply with respect to any regulated NSR pollutant emitted from projects at existing
emissions units at a major stationary source, other than at a source with a PAL, in circumstances where there is a
reasonable possibility, within the meaning of 40 CFR 51.165(a)(6)(vi), that a project that is not part of a major
modification that may result in a signifant emissions increase of such pollutant and the owner or operator elects to
use the method specified in the definition of projected actual emissions in 40 CFR
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51.165(a)(1)(xxviii)(B)(1)through(3) for calculating projected actual emissions. The owner or operator shall meet
the following requirements:
a. Comply with the procedures in 40 CFR 51.165(a)(6)(i) through (vi) as incorporated by reference.
b. Make the information required to be documented and maintained pursuant to this section available for review
upon a request for inspection by the Control Officer or the general public pursuant to the requirements
contained in 40 CFR 70.4(b)(3)(viii) as incorporated by reference.
304.9 Plantwide Applicability Limits (PAL) Permit:
a. Any major stationary source with a PAL permit for a regulated NSR pollutant, shall comply with provisions
contained in 40 CFR 51.165(f)(1) through (15) as incorporated by reference.
b. The Control Officer may issue a PAL permit for any existing major stationary source if the PAL permit meets
the requirments in 40 CFR 52.21(aa) as incorporated by reference.
c. The term “PAL” shall mean “actuals PAL” throughout Section 304.9 of this rule.
d. The following terms as used in 40 CFR 52.21 (aa) shall be replaced as follows:
(1) “The term “Administrator” shall be replaced by the term “Control Officer”
(2) “The term “PSD” shall be replaced by the term “NSR”
(3) “The term “BACT” shall be replaced by the term “LAER”
(4) “The term “Plan” shall be replaced by the term “SIP”
304.10 Additional Requirements: Except as provided in Section 304.12 through Section 304.15 of this rule, the Control
Officer shall not issue any permit or permit revision under this rule to an applicant proposing to construct a new
major source or proposing to make a major modification for the pollutant for which the area is designated
nonattainment unless:
a. The Control Officer has determined that the new major source or the major modification will meet an emission
limitation which is the lowest achievable emission rate (LAER) for that source for that regulated NSR pollutant.
b. The Control Officer has determined that all existing major sources owned or operated by the applicant (or any
entity controlling, controlled by, or under common control with such person) in the State are in compliance
with, or are on a schedule of compliance for, all conditions contained in permits for each of the sources and all
other applicable emission limitations and standards under the Act and in this rule.
c. The Control Officer has determined that emission reductions for the specific pollutant(s) from of the new major
source or major modification meet the offset requirements of Section 304.3 through 304.6 of this rule.
d. The Administrator has not determined that the applicable implementation plan is not being adequately
implemented for the nonattainment area.
304.11 No permit or permit revision under this rule shall be issued for a new major source or major modification to a major
source located in a nonattainment area unless:
a. The applicant performs an analysis of alternative sites, sizes, production processes and environmental control
techniques for such new major source or major modification; and
b. The Control Officer determines that the analysis demonstrates that the benefits of the new major source or
major modification significantly outweigh the environmental and social costs imposed as a result of its location,
construction, or modification.
304.12 Secondary emissions shall not be considered in determining the potential to emit of a new source or modification
and therefore whether the new source or modification is major. However, if a new source or modification is subject
to this rule on the basis of its direct emissions, a permit or a permit revision, under this rule to construct the new
source or modification, shall be denied, unless the requirements in Sections 304.10(a) and (b) of this rule are met,
for reasonably quantifiable secondary emissions caused by the new source or modification.
304.13 A source or a modification that would be a major stationary source or a major modification only if fugitive
emissions, to the extent quantifiable, are considered in calculating the potential emissions of the source or
modification, and the source does not belong to a source category listed in 40 CFR
51.165(a)(1)(iv)(c)(1)through(27).
304.14 The requirements of Section 304.10(c) of this rule shall not apply to temporary emissions units, such as pilot plants
portable facilities that will be relocated outside of the nonattainment area, and the construction phase of a new
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source, if those units will operate for no more than 12 months in the nonattainment area, are otherwise in compliance
with the requirement to obtain a permit under this rule, and are in compliance with the conditions of that permit.
304.15 A decrease in actual emissions shall be considered in determining the net emission increase of a new source or
modification only to the extent that the Control Officer has not relied on it in issuing any permit or permit revision
under these rules (including the issuance of any ERC (Emission Reduction Certificate), or the State has not relied on
it in demonstrating attainment or reasonable further progress (RFP).
304.16 Ambient Air Quality Standards Impact Analysis: The Control Officer may require the use of an air quality model to
estimate the effects of a new or modified stationary source. The analysis shall estimate the effects of the new or
modified stationary source, and verify that the new or modified stationary source will not prevent or interfere with
the attainment or maintenance of any ambient air quality standard. In making this determination the Control Officer
shall take into account the mitigation of emissions through offsets pursuant to this rule and the impacts of
transported pollutants on downwind pollutant concentrations. The Control Officer may impose, based on an air
quality analysis, offset ratios greater than the requirements of Sections 304.3 and 304.6.
304.17 All estimates of ambient concentrations required pursuant to this rule shall be based on the applicable air quality
models, data bases, and other requirements specified in 40 CFR 51, Appendix W (Guideline on Air Quality Models)
as incorporated by reference and consistent with the provisions in Rule 200 (Permit Requirements), Section 407 of
these rules.
304.18 The applicant of a proposed new major source or major modification that may affect visibility of a Class I area shall
provide the Control Officer with an analysis of impairment to visibility that would occur as a result of the source or
modification as required by 40 CFR 51.307(b)(2) as incorporated by reference and in accordance with 40 CFR
51.166(o) as incorporated by reference.
305 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES OR MAJOR MODIFICATIONS LOCATED IN
ATTAINMENT OR UNCLASSIFIABLE AREAS: The provisions of this section apply to new major stationary sources
and major modifications to existing major stationary sources located in areas designated as attainment or in areas that are
unclassifiable for any criteria air pollutant. The intent of Section 305 of this rule is to incorporate the federal prevention of
significant deterioration (PSD) rule requirements into Maricopa County Air Pollution Control Regulations by incorporating
the federal requirements by reference.
305.1 Incorporation by Reference. The following provisions are incorporated by reference:
a. 40 CFR 51.100: Definitions.
b. 40 CFR 51.166(p): Sources impacting Federal Class I areas–additional requirements.
c. The following definitions contained in 40 CFR 51.301: “Natural conditions”; and “Visibility impairment”.
d. 40 CFR 52.21: Prevention of significant deterioration of air quality, except:
(1) The following paragraphs of 40 CFR 52.21 are excluded: (a)(1), (b)(55-58), (f), (g), (p)(6-8), (q), (s), (t),
(u), (w), (x), (y), (z), and (cc).
(2) The following incorporated provisions of 40 CFR 52.21 are revised as follows:
(a) The term “administrator” shall read as follows:
(i) “EPA administrator” in 40 CFR 52.21(b)(17), (b)(37)(i), (b)(43), (b)(48)(ii)(c), (b)(50)(i), (b)(51),
(j)(2) and (p)(2); and
(ii) “Control Officer” elsewhere, as defined in Rule 100.
(b) The phrase “paragraph (q) of this section” in 40 CFR 52.21(1)(2) and (p)(1) shall be revised to read as
follows: the public participation provisions of Rule 210 of these rules.
(3) The definition of the term “Subject to regulation” as defined in 40 CFR 52.21(b)(49) shall be revised to
read as follows: “Subject to regulation means, for any air pollutant, that the pollutant is subject to either a
provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and
that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of
emissions of that pollutant released from the regulated activity.”
305.2 Requirements: No permit or permit revision under this rule shall be issued to a applicant proposing to construct a
new major source or proposing to make a major modification to a major source that would be constructed in an area
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designated as attainment or unclassifiable for any regulated NSR pollutant, unless the source or modification meets
the provisions of 40 CFR 52.21 as incorporated by reference and the following conditions:
a. In addition to the air impact analysis and monitoring requirements under 40 CFR 52.21(k) and (m), the
applicant for the permit or permit revision under this rule shall also demonstrate that allowable emissions
increases from the proposed major source or major modification, in conjunction with all other applicable
emission increases or reductions, including secondary emissions, would not cause nor contribute to a violation
of a NAAQS for a pollutant in which primary or secondary NAAQS for that pollutant are being violated.
b. A new major source or a major modification shall be presumed to cause or contribute to a violation of the
NAAQS when such source or modification would, at a minimum, exceed the significance levels for any
nonattainment pollutant listed in 40 CFR 51.165(b)(2) as incorporated by reference, at any locality that does not
or would not meet the applicable NAAQS.
c. A new major source or major modification subject to Section 305.2(b) of this rule may reduce the impact of its
emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its
adverse ambient impact where the major source or major modification would otherwise cause or contribute to a
violation of any NAAQS. In the absence of such emission reductions, the Control Officer shall deny the
proposed permit or permit revision.
d. The presumption provision in Section 305.2(b) of this rule may be rebutted for a new major source or major
modification if it can be satisfactorily demonstrated to the Control Officer that emissions with respect to a
particular pollutant from the new major source or major modification will not cause or contribute to violations
of the NAAQS in designated nonattainment areas under section 107 of the Clean Air Act.
e. The demonstration allowed by Section 305.2(d) of this rule shall include a showing that topographical,
meteorological or other physical factors in the vicinity of the new major source or major modification are such
that transport of VOCs emitted from the source are not expected to contribute to violations of the ozone
standards in the adjacent nonattainment areas.
306 STACK HEIGHT AND DISPERSION TECHNIQUES: Criteria for good engineering practice for stack heights and
dispersion techniques is established as follows:
306.1 Incorporation by Reference: Except as provided below, the definitions contained in 40 CFR 51.100 (gg) “A stack
in existence”, (hh) “Dispersion technique”, (ii) “Good engineering practice (GEP)”, (jj) “Nearby” , and (kk)
“Excessive concentration” are incorporated by reference.
a. The term “authority administering the State implementation plan” shall be replaced with “Control Officer”.
b. The term “EPA, State or local control agency” shall be replaced with “Control Officer”.
c. The term “reviewing agency” shall be replaced with “Control Officer”.
306.2 The degree of emission limitation required of any source for control of any pollutant shall not be affected by so
much of any source's stack height that exceeds good engineering practice as determined in accordance with 40 CFR
51.100 (ii) as incorporated by reference or by any other dispersion technique as defined in 40 CFR 51.100 (hh) as
incorporated by reference, except as provided in Section 306.3 of this rule.
306.3 The provisions of Section 306 shall not apply to a stack in existence, or dispersion techniques implemented on or
before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion
techniques by sources, as defined in Section 111(a)(3) of the Clean Air Act, which were constructed, or
reconstructed, or for which major modifications, as defined in this rule, were carried out after December 31, 1970.
306.4 Before the Control Officer issues a permit or permit revision under this rule to a source based on a good engineering
practice (GEP) stack height that exceeds the height allowed by 40 CFR 51.100(ii) as incorporated by reference, the
Control Officer shall notify the public of the availability of the demonstration study and provide opportunity for a
public hearing in accordance with the requirements of Rule 210-Title V Permit Provisions of these rules.
306.5 Any field study or fluid model used to demonstrate GEP stack height under Section 306.2 of this rule and any
determination of “excessive concentration” as defined in 40 CFR 51.100 (kk) must be approved by the EPA and the
Control Officer prior to any emission limit being established.
306.6 The provisions of Section 306 of this rule do not restrict, in any manner, the actual stack height of any stationary
source or facility.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
100

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION II - PERMITS AND FEES
RULE 241
PERMITS FOR NEW SOURCES AND MODIFICATIONS TOEXISTING SOURCES
MINOR NEW SOURCE REVIEW (NSR)
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 EXEMPTION
SECTION 200 - DEFINITIONS (NOT INCLUDED) (NOT APPLICABLE)
SECTION 300 - STANDARDS
301 PERMIT OR PERMIT REVISION REQUIRED
302 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) OR REASONABLY AVAILABLE CONTROL
TECHNOLOGY (RACT) REQUIRED
303 REVIEW OF NAAQS COMPLIANCE
301 304 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) BACT REQUIRED
302 305 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) RACT REQUIRED
306 BACT DETERMINATIONS
307 RACT DETERMINATIONS
308 NAAQS COMPLIANCE ASSESSMENT
309 APPLICATION DENIAL
310 PUBLIC NOTICE
311 NOTICE TO OTHER AGENCIES
312 MODELING REQUIRED
313 PERMIT CONDITIONS SPECIFIED PURSUANT TO THIS RULE
303 314 CIRCUMVENTION
315 SOURCE OBLIGATION
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT INCLUDED) (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED) (NOT APPLICABLE)
Adopted 11/15/93
Revised 06/19/96
Adopted 11/15/1993; Revised 06/19/1996; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION II - PERMITS AND FEES
RULE 241
PERMITS FOR NEW SOURCES AND MODIFICATIONS TO
EXISTING SOURCES
MINOR NEW SOURCE REVIEW (NSR)
SECTION 100 - GENERAL
101

101 PURPOSE: To provide control technology requirements for a procedure for the review of new sources and modifications to
existing sources of air pollution requiring permits or permit revisions for the protection of the national ambient air quality
standards (NAAQS).
102 APPLICABILITY: The provisions of this rule shall not apply to new major sources and major modifications to existing
major sources subject to the requirements of Rule 240 of these rules. Except as provided in Section 103 of this rule, the
provisions of this rule shall apply to the construction of any new Title V or Non-Title V source and any minor NSR
modification to a Title V or Non-Title V source, when:
102.1 A regulated minor NSR pollutant emitted by a new stationary source will have the potential to emit that pollutant at
an amount equal to or greater than the permitting threshold, or
102.2 An increase in emissions of a regulated minor NSR pollutant from a minor NSR modification would increase the
source’s maximum capacity to emit that pollutant by an amount equal to or greater than the minor NSR modification
threshold.
103 EXEMPTION: The provisions of this rule shall not apply to the emissions of a pollutant from any of the activities identified
in Section 102 of this rule, if the emissions of that pollutant are subject to major source requirements under Rule 240 (Federal
Major New Source Review (NSR)) of these rules.
SECTION 200 – DEFINITIONS (NOT APPLICABLE) See Rule 100 (General Provisions And Definitions) of these rules for
definitions of terms that are used but not specifically defined in this rule.
SECTION 300 - STANDARDS:
301 PERMIT OR PERMIT REVISION REQUIRED: An owner or operator of a source shall not begin actual construction:
301.1 Of a new stationary source, subject to this rule, without first obtaining a permit, a permit revision, a proposed final
permit, or a proposed final permit revision from the Control Officer in accordance with Rule 210 or Rule 220 of
these rules.
301.2 Of a minor NSR modification, subject to this rule, without first obtaining a permit, a permit revision, a proposed
final permit, or a proposed final permit revision from the Control Officer in accordance with Rule 210 or Rule 220
of these rules.
302 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) OR REASONABLY AVAILABLE CONTROL
TECHNOLOGY (RACT) REQUIRED: The Control Officer shall not issue a proposed final Title V permit or permit
revision or a Non-Title V permit or permit revision subject to this rule to an owner or operator of a source proposing to
construct a new source or make a minor NSR modification unless such owner or operator implements BACT or RACT, as
required by Sections 304 or 305 of this rule.
303 REVIEW OF NAAQS COMPLIANCE: Notwithstanding the implementation of RACT or BACT under this rule, an
applicant for a permit subject to this rule shall conduct an ambient air quality impact assessment under Section 308 of this
rule upon the Control Officer’s request. The Control Officer shall make such 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 standard.
In making the determination under this section of this rule, the Control Officer shall take into consideration:
303.1 The source’s emission rates.
303.2 The location of emission units within the facility and their proximity to the ambient air.
303.3 The terrain in which the source is or will be located.
303.4 The source type.
303.5 The location and emissions of nearby sources.
303.6 Background concentrations of regulated minor NSR pollutants.
301 304 BEST AVAILABLE CONTROL TECHNOLOGY (BACT) BACT REQUIRED: An applicant for a permit or permit
revision subject to Rules 210, 220, or 230 of these rules shall apply implement BACT for each pollutant emitted which
exceeds any of the threshold limits set forth in any one of the following criteria:
301.1 304.1 Any new stationary source which emits more than 150 lbs/day or 25 tons/yr of volatile organic compounds, nitrogen
oxides, sulfur dioxide, or particulate matter; more than 85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day
or 100 tons/yr of carbon monoxide; more than 10 tons/yr of PM2.5; or more than 0.3 tons/yr of lead.
102

301.2 304.2 Any modified stationary source if the modification causes an increase in emissions on any single day of the source’s
maximum capacity to emit of more than 150 lbs/day or 25 tons/yr of volatile organic compounds, nitrogen oxides,
sulfur dioxide or particulate matter; more than 85 lbs/day or 15 tons/yr of PM10; or more than 550 lbs/day or 100
tons/yr of carbon monoxide; more than 10 tons/yr of PM2.5; or more than 0.3 tons/yr of lead. BACT is only required
for the sources or group of sources being modified.
302 305 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) RACT REQUIRED: An applicant for a permit or
permit revision for a new or modified stationary source which emits or causes an increase in emissions of up to 150 lbs/day
or 25 tons/yr of volatile organic compounds, nitrogen oxides, sulfur dioxide, or particulate matter; up to 85 lbs/day or 15
tons/yr of PM10; or up to 550 lbs/day or 100 tons/yr of carbon monoxide; up to 10 tons/yr of PM2.5; or up to 0.3 tons/yr of
lead shall apply implement RACT for each pollutant emitted from said new or modified stationary source.
306 BACT DETERMINATIONS:
306.1 An applicant for a permit or permit revision for a new or modified stationary source shall present an emissions
analysis to determine whether the future emissions increase will trigger BACT requirements.
306.2 The applicant shall conduct a BACT analysis for each pollutant which exceeds the BACT threshold. The applicant
may conduct a case-by-case analysis.
306.3 The applicant may accept legally and practically enforceable limits on the operation of their source in order to
restrict emissions to below the BACT thresholds and avoid imposition of BACT in accordance with Rule 220,
Section 304 of these rules. At such time as the applicability of any requirement of this rule would be triggered by an
existing source solely by virtue of a relaxation of any enforceable limitation on the capacity of the source to emit a
pollutant, then the requirements of this rule will apply to the source in the same way as they would apply to a new or
modified source otherwise subject to this rule.
306.4 In the case of a modification, the selection of BACT shall address the sources or group of sources being modified.
307 RACT DETERMINATIONS: The Control Officer shall determine RACT, as appropriate, for each emission unit subject to
the RACT requirements under Section 305 of this rule. RACT shall be determined as follows:
307.1 For any facilities subject to a source-specific rule under Regulation III-Control Of Air Contaminants of these rules,
RACT is the emissions limitation of the existing source performance standard.
307.2 For any facilities not subject to a source-specific rule under Regulation III-Control Of Air Contaminants of these
rules, RACT is the lowest emission limitation that a particular source is capable of achieving by the application of
control technology that is reasonably available considering technological and economic feasibility and shall be
determined by one of the following:
a. Technology that may previously have been applied to a similar, but not necessarily identical, source category.
RACT for a particular facility is determined on a case-by-case basis, considering the technological feasibility
and cost-effectiveness of the application of the control technology to the source category.
b. A control technique guideline issued by the Administrator under section 108(f)(1) of the Act.
c. 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.
308 NAAQS COMPLIANCE ASSESSMENT: An ambient air quality assessment must demonstrate that emissions from the
source or minor NSR modification will not interfere with attainment or maintenance of any national ambient air quality
standard.
308.1 An owner or operator of a source may elect to have the Control Officer 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 any national ambient air quality standard, the owner or operator may perform a more
refined model to make the demonstration required by this rule.
308.2 The requirements of this rule shall be satisfied, if the results of the screen or more refined modeling conducted
pursuant to Section 308.1 of this rule demonstrate either of the following:
a. Ambient concentrations resulting from emissions from the source or modification combined with existing
concentrations of regulated minor NSR pollutants will not cause or contribute to a violation of any national
ambient air quality standard.
b. Emissions from the source or minor modification will have an ambient impact below the significance levels as
defined in Rule 240 of these rules.
103

308.3 The assessment required by this rule 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.
309 APPLICATION DENIAL: The Control Officer shall deny an application for a Title V permit or permit revision or a Non-
Title V permit or permit revision subject to this rule, if:
309.1 An assessment conducted pursuant to Section 308 of this rule demonstrates that the source or permit revision will
interfere with attainment or maintenance of any national ambient air quality standard; or
309.2 The new or modified source will violate applicable State Implementation Plan (SIP) requirements.
310 PUBLIC NOTICE: Public notice requirements pursuant to Rules 210 and 220 of these rules shall be required for a permit or
permit revision if the emissions of any one pollutant are equal to or greater than the public notice threshold as defined in Rule
100 of these rules. The Control Officer shall hold a public hearing upon written request. If a public hearing is requested, the
Control Officer shall schedule the public hearing and publish a notice once each week for two consecutive weeks in two
newspapers of general circulation in the county where the source is or will be located and by other means if necessary to
assure adequate notice to the affected public. The Control Officer shall give notice of any public hearing at least 30 days in
advance of the public hearing.
311 NOTICE TO OTHER AGENCIES: A copy of the notice required by Rule 210, Section 408 for permits or significant
permit revisions or Rule 220, Section 407 of these rules for permits or non-minor permit revisions subject to this rule must
also be sent to the Administrator through the appropriate regional office. The notice also must be sent to any other agency in
the region having responsibility for implementing the procedures required under this rule.
312 MODELING REQUIRED: All modeling required pursuant to this rule shall be conducted in accordance with 40 CFR 51,
Appendix W.
313 PERMIT CONDITIONS SPECIFIED PURSUANT TO THIS RULE: The Control Officer shall specify those conditions
in the permit that are implemented pursuant to this rule. The specified conditions shall be included in subsequent permit
renewals unless modified pursuant to this rule or Rule 240 of these rules.
303 314 CIRCUMVENTION: The submission of applications for permits or permit revisions for new or modified sources in phases
so as to circumvent the requirements of this section is prohibited. The burden of proof to show that an application for a
permit or permit revision is not being submitted as a phase of a larger project shall be upon the applicant. A person shall not
build, erect, install, or use any article, machine, equipment, condition, or any contrivance, the use of which, without resulting
in a reduction in the total release of air contaminants to the atmosphere, conceals or dilutes an emission which would
otherwise constitute a violation of this section. A person shall not circumvent this section to dilute air contaminants by using
more emission openings than is considered normal practice by the industry or by the activity in question.
315 SOURCE OBLIGATION: The issuance of a permit or permit revision under this rule shall not relieve the owner or operator
of the responsibility to comply fully with applicable provisions of the State Implementation Plan (SIP) and any other
requirements under local, State, or Federal law.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION
RULE 500
ATTAINMENT AREA CLASSIFICATION
INDEX
SECTION 100 - GENERAL
101 PURPOSE
SECTION 200 - DEFINITIONS (NOT APPLICABLE)
SEE RULE 100 (GENERAL PROVISIONS AND DEFINITIONS) OF THESE RULES FOR DEFINITIONS OF TERMS
THAT ARE USED BUT NOT SPECIFICALLY DEFINED IN THIS RULE
SECTION 300 - STANDARDS
301 CLASSIFICATION AND REDESIGNATION OF ATTAINMENT AREAS
104

302 LIMITATION OF POLLUTANTS IN CLASSIFIED ATTAINMENT AREAS
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
Revised 07/13/88
Repealed and Adopted 11/15/93
Revised 07/26/00
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION
RULE 500
ATTAINMENT AREA CLASSIFICATION
SECTION 100 - GENERAL
101 PURPOSE: To set forth the criteria used to classify attainment areas and pollution standards for attainment areas.
SECTION 200 - DEFINITIONS (NOT APPLICABLE)
See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this
rule.
SECTION 300 - STANDARDS
301 CLASSIFICATION AND REDESIGNATION OF ATTAINMENT AREAS: All attainment and unclassified areas or parts
thereof shall be classified as either Class I, Class II or Class III.
301.1 Class I Areas: All of the following areas which were in existence on August 7, 1977, including any boundary
changes to those areas which occurred subsequent to the date of enactment of the Clean Air Act Amendments of
1977 and before March 12, 1993, shall be Class I areas irrespective of attainment status and shall not be
redesignated:
a. International parks;
b. National wilderness areas which exceed 5,000 acres in size;
c. National parks which exceed 6,000 acres in size;
d. National memorial parks which exceed 5,000 acres in size;
301.2 Class I or Class II Areas:
a. The following areas shall be designated only as Class I or Class II:
(1) An area, which, as of August 7, 1977, exceeds 10,000 acres in size and is a national monument, a national
primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national
wildlife refuge, or a national lakeshore or seashore.
(2) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in
size.
b. All other areas, other than those areas described in subsection 301.2(a) of this rule, shall be Class II areas,
unless redesignated under subsection 301.3 of this rule or subsection 301.4 of this rule.
301.3 Redesignation As Class I Area Or Class II Area: The Control Officer may request the Governor or the Governor's
designee to redesignate areas of the state as Class I or Class II, provided that the following requirements are
fulfilled:
a. At least 1 public hearing is held in or near the area affected.
b. Other states, Indian governing bodies, and Federal Land Managers whose land may be affected by the proposed
redesignation are notified at least 30 days prior to the public hearing.
c. A discussion document of the reasons for the proposed redesignation, including a description and analysis of
health, environmental, economic, social, and energy effects of the proposed redesignation, is prepared by the
Governor or the Governor's designee. The discussion document shall be made available for public inspection at
least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of
the availability of such discussion document.
d. Prior to the issuance of notice respecting the redesignation of an area which includes any Federal lands, the
Governor or the Governor's designee has provided written notice to the appropriate Federal Land Manager and
afforded the Federal Land Manager adequate opportunity, not in excess of 60 days, to confer with the state
respecting the redesignation and to submit written comments and recommendations. The Governor or the
Governor's designee shall publish a list of any inconsistency between such redesignation and such
recommendations, together with the reasons for making such redesignation against the recommendation of the
Federal Land Manager, if any Federal Land Manager has submitted written comments and recommendations.
e. The redesignation is proposed after consultation with the elected leadership of local governments in the area
covered by the proposed redesignation.
f. The redesignation is submitted to the Administrator of the Environmental Protection Agency (EPA) as a
revision to the State Implementation Plan (SIP).
g. A redesignation shall not be effective until approved by the Administrator of EPA as part of an applicable
implementation plan.
105

h. Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian
governing body.
301.4 Redesignation As Class III Area: The Control Officer may request the Governor or the Governor's designee to
redesignate areas of the state as Class III, if all of the following criteria are met:
a. Such redesignation meets the requirements of subsection 301.3 of this rule.
b. Such redesignation has been approved after consultation with the appropriate committee of the legislature if it is
in session or with the leadership of the legislature if it is not in session.
c. The general purpose units of local government representing a majority of the residents of the area to be
redesignated concur in the redesignation.
d. Such redesignation shall not cause, or contribute to, concentration of any air pollutant which exceeds any
maximum allowable increase or maximum allowable concentration permitted under the classification of any
area.
e. For any new major source, as defined in Rule 240, Section 210 of these rules, or for a major modification of
such source which may be permitted to be constructed and operated only if the area in question is redesignated
as Class III, any permit application or related materials shall be made available for public inspection prior to a
public hearing.
f. The redesignation is submitted to the Administrator of EPA as a revision to the SIP.
g. A redesignation shall not be effective until approved by the Administrator of EPA as part of an applicable
implementation plan.
h. Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian
governing body.
302 LIMITATION OF POLLUTANTS IN CLASSIFIED ATTAINMENT AREAS:
302.1 Areas designated in Class I, II or III shall be limited to the following increases in air pollutant concentrations
occurring over the baseline concentration, provided that for any period other than an annual period, the applicable
maximum allowable increase may be exceeded once per year at any one location:
POLLUTION INCREASE LIMITS IN ATTAINMENT AREAS
Maximum Allowable Increase
(micrograms per cubic meter)
CLASS I
Particulate Matter-PM2.5:
Annual arithmetic mean 1
24-hr maximum 2
Particulate matter-PM10:
Annual arithmetic mean 4
24 hour maximum 8
Sulfur dioxide:
Annual arithmetic mean 2
24 hour maximum 5
3 hour maximum 25
Nitrogen dioxide:
Annual arithmetic mean 2.5
Maximum Allowable Increase
CLASS II (micrograms per cubic meter)
Particulate matter-PM2.5:
Annual arithmetic mean 4
24-hr maximum 9
Particulate matter-PM10:
Annual arithmetic mean 17
24 hour maximum 30
Sulfur dioxide:
Annual arithmetic mean 20
24 hour maximum 91
3 hour maximum 512
Nitrogen dioxide:
Annual arithmetic mean 25
CLASS III Maximum Allowable Increase
(micrograms per cubic meter)
Particulate matter-PM2.5:
106

CLASS III Maximum Allowable Increase
(micrograms per cubic meter)
Annual arithmetic mean 8
24-hr maximum 18
Particulate matter-PM10:
Annual arithmetic mean 34
24 hour maximum 60
Sulfur dioxide:
Annual arithmetic mean 40
24 hour maximum 182
3 hour maximum 700
Nitrogen dioxide:
Annual arithmetic mean 50
302.2 The baseline concentration shall be that ambient concentration level which exists in the baseline area at the time of
the applicable minor source baseline date.
a. The major source baseline date is:
(1) January 6, 1975, for sulfur dioxide and particulate matter ; and .
(2) February 8, 1988, for nitrogen dioxide.
(3) October 20, 2010, for PM2.5.
b. The minor source baseline date shall be the earliest date after August 7, 1977, for sulfur dioxide and particulate
matter and February 8, 1988, for nitrogen dioxide, that either:
(1) A major source, as defined in Rule 240, Section 210 of these rules, or a major modification submits a
complete permit application to the Administrator of EPA under 40 CFR 52.21; or
(2) A major source, as defined in Rule 240, Section 210 of these rules, or a major modification submits a
complete permit application to the Control Officer under Rules 200, 210, 240, 245, and 270 of these rules.
c. A baseline concentration shall be determined for each pollutant for which there is a minor source baseline date
and shall include both:
(1) The actual emissions representative of sources in existence on the minor source baseline date, except as
provided in subsection 302.2(d) of this rule; and
(2) The allowable emissions of major sources, as defined in Rule 240, Section 210 of these rules, which
commenced construction before the major source baseline date, but were not in operation by the applicable
minor source baseline date.
d. The following shall not be included in the baseline concentration and shall affect the applicable maximum
allowable increase:
(1) Actual emissions from any major source, as defined in Rule 240, Section 210 of these rules, on which
construction commenced after the major source baseline date; and
(2) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline
date.
302.3 The baseline date shall be established for each pollutant for which maximum allowable increases or other equivalent
measures have been established if both:
a. The area in which the proposed source or modification would construct is designated as attainment or
unclassifiable for the pollutant on the date of its complete application under either subsections 302.2(b)(1) or
302.2(b)(2) of this rule; and
b. In the case of a major source, as defined in Rule 240, Section 210 of these rules, the pollutant would be emitted
in significant amounts, or in the case of a major modification, there would be a significant net emissions
increase of the pollutant.
302.4 The baseline area shall be any area, with any intrastate area designated as attainment or unclassifiable, in which the
major source, as defined in Rule 240, Section 210 of these rules, or a major modification establishing the minor
source baseline date would construct or would have an air quality impact equal to or greater than 1 ug/m³ (annual
average) of greater than or equal to 0.3 microgram per cubic meter (annual average) for PM2.5. Area redesignation
under Section 301 of this rule cannot intersect nor be smaller than the area of impact of any new major source, as
defined in Rule 240, Section 210 of these rules, or a major modification which either:
a. Establishes a minor source baseline date; or
b. Is subject to either 40 CFR 52.21 or Rule 240, Section 308 of these rules and would be constructed in Arizona.
302.5 The maximum allowable concentration of any air pollutant in any area to which subsection Section 302.1 of this rule
applies shall not exceed a concentration for each pollutant equal to the concentration permitted under the Maricopa
County Ambient Air Quality Standards contained in Rule 510 of these rules.
302.6 For the purposes of determining compliance with the maximum allowable increases in ambient concentrations of an
air pollutant, the following concentrations of such pollutant shall not be taken into account:
107

a. Concentration of such pollutant attributable to the increase in emissions from major and stationary sources
which have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas
curtailment order which is in effect under the provisions of Sections 2(a) and (b) of the Energy Supply and
Environmental Coordination Act of 1974, 15 U.S.C. 792, over the emissions from such sources before the
effective date of such order;
b. The concentration of such pollutant attributable to the increase in emissions from major and stationary sources
which have converted from using gas by reason of a natural gas curtailment plan in effect under the Federal
Power Act, 16 U.S.C. 792 - 825r, over the emissions from such sources before the effective date of the natural
gas curtailment plan;
c. Concentrations of particulate matter attributable to the increase in emissions from construction or other
temporary activities of a new or altered source;
d. The increase in concentrations attributable to new sources outside the United States over the concentrations
attributable to existing sources which are included in the baseline concentration; and
e. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides or
particulate matter from major sources, as defined in Rule 240, Section 210 of these rules, when the following
conditions are met:
(1) The permit issued to such sources specifies the time period during which the temporary emissions increase
of sulfur dioxide, nitrogen oxides or particulate matter would occur. Such time period shall not be
renewable and shall not exceed 2 years unless a longer period is specifically approved by the Control
Officer.
(2) No emissions increase shall be approved which would either:
(a) Impact any portion of any Class I area or any portion of any other area where an applicable
incremental ambient standard is known to be violated in that portion; or
(b) Cause or contribute to the violation of a state ambient air quality standard.
(3) The permit issued to such sources specifies that at the end of the time period described in subsection
302.6(e)(1) of this rule, the emissions levels from the sources would not exceed the levels occurring before
the temporary emissions increase was approved.
f. The exception granted with respect to increment consumption under subsections 302.6(a) and 302.6(b) of this
rule shall not apply more than 5 years after the effective date of the order or natural gas curtailment plan on
which the exception is based.
302.7 If the Control Officer determines that the SIP is substantially inadequate to prevent significant deterioration, or that
an applicable maximum allowable increase as specified in subsection 302.1 of this rule is being violated, the Control
Officer shall submit to the Director a proposal to revise the SIP to correct the inadequacy or the violation. The SIP
shall be revised within 60 days of such a finding by the Director, or within 60 days following notification by the
Control Officer or the Administrator of EPA, or by such later date as prescribed by the Administrator of EPA after
consultation with the Director.
302.8 The Control Officer shall review the adequacy of the SIP on a periodic basis and within 60 days of such time as
information becomes available that an applicable maximum allowable increase is being violated.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION
RULE 510
AIR QUALITY STANDARDS
INDEX
SECTION 100 - GENERAL
101 PURPOSE
102 AVAILABILITY OF INFORMATION
SECTION 200 - DEFINITIONS
201 PRIMARY AMBIENT AIR QUALITY STANDARDS
202 SECONDARY AMBIENT AIR QUALITY STANDARDS
SECTION 300 - STANDARDS
301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5)
108

302 PARTICULATE MATTER - 10 MICRONS OR LESS (PM10)
303 SULFUR OXIDES (SULFUR DIOXIDE)
304 OZONE
305 CARBON MONOXIDE
306 NITROGEN DIOXIDE NITROGEN OXIDES (NITROGEN DIOXIDE)
307 LEAD
308 POLLUTANT CONCENTRATION DETERMINATIONS
309 ADDITIONAL REQUIREMENTS
310 INCORPORATIONS BY REFERENCE
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
Revised 07/13/88
Revised 11/01/06
Revised 07/13/1988; Revised 11/01/2006; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION V - AIR QUALITY STANDARDS AND AREA CLASSIFICATION
RULE 510
AIR QUALITY STANDARDS
SECTION 100 - GENERAL
101 PURPOSE: To establish maximum limiting levels for pollutants existing in the ambient air which are necessary to protect
human health and public welfare.
102 AVAILABILITY OF INFORMATION: Copies of materials referenced in Sections 310, 401.1, and 401.2 of this rule
currently enforced by the department are available electronically at
http://www.gpo.gov/fdsy/browse/collectionCfr.action?collectionCode=CFR; at the Maricopa County Air Quality
Department, 1001 North N. Central Avenue Ave., Suite 400 125, Phoenix, AZ, 85004; or call by calling (602) 506-6010 for
information.
SECTION 200 - DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are
used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: For the purpose of this
rule, the following definitions shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of
these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this
rule take precedence.
201 PRIMARY AMBIENT AIR QUALITY STANDARDS - The ambient air quality standards which define levels of air
quality necessary, with an adequate margin of safety, to protect the public health, as determined by the Arizona Department
of Environmental Quality and United States Environmental Protection Agency, and specified in this rule.
202 SECONDARY AMBIENT AIR QUALITY STANDARDS - 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 determined by
the Arizona Department of Environmental Quality and United States Environmental Protection Agency, and specified in this
rule.
SECTION 300 - STANDARDS: The following are established as the primary and secondary ambient air quality standards for
Maricopa County:
301 PARTICULATE MATTER - 2.5 MICRONS OR LESS (PM2.5):
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301.1 Primary and Secondary Ambient Air Quality Standards for PM2.5 Annual Arithmetic Mean Concentration:
The annual arithmetic mean concentration shall be 15 12 micrograms per cubic meter (µg/m3). The standard shall be
considered attained when the annual arithmetic mean concentration, as determined in accordance with 40 CFR 50,
Appendix N, is less than or equal to 15 12 µg/m3.
301.2 Primary and Secondary Ambient Air Quality Standards for PM2.5 24-hour Average Concentration: The 24-
hour average concentration shall be 65 35 µg/m3. The standard shall be considered attained when the 98th percentile
24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than or equal to 65 35
µg/m3.
302 PARTICULATE MATTER - 10 MICRONS OR LESS (PM10):
302.1 Primary and Secondary Ambient Air Quality Standards for PM10 Annual Arithmetic Mean Concentration: The
annual arithmetic mean concentration shall be 50 µg/m3. The standard shall be considered attained when the
expected annual arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix K, is less
than or equal to 50 µg/m3.
302.2 Primary and Secondary Ambient Air Quality Standards Standard for PM10 24-hour Average Concentration:
The 24-hour average concentration shall be 150 µg/m3. This concentration shall not be exceeded more than once per
calendar year at any one location. The standard shall be considered attained when the expected number of days per
calendar year with a 24-hour average concentration above 150 µg/m3, as determined in accordance with 40 CFR 50,
Appendix K, is less than or equal to 1 one.
303 SULFUR OXIDES (SULFUR DIOXIDE):
303.1 Primary Ambient Air Quality Standards for Sulfur Oxides (Measured as Sulfur Dioxide):
a. Annual Arithmetic Mean Concentration: The annual arithmetic mean concentration shall be 0.030 parts per
million (ppm) (80 µg/m3) (80 g/m3). This concentration shall not be exceeded more than once in a calendar
year. The annual arithmetic mean shall be rounded to three decimal places (fractional parts equal to or greater
than 0.0005 ppm shall be rounded up).
b. 24-hour Concentration: The maximum 24-hour concentration shall be 0.14 ppm (365 µg/m3) (365 g/m3). This
concentration shall not be exceeded more than once per calendar year at any one location. The 24-hour averages
shall be determined from successive nonoverlapping 24-hour blocks starting at midnight each calendar day and
shall be rounded to two decimal places (fractional parts equal to or greater than 0.005 ppm shall be rounded up).
c. 1-hour Concentration: The maximum 1-hour concentration shall be 75 parts per billion (ppb) 75 parts per
billion (ppb). The one-hour primary standard is met at an ambient air quality monitoring site when the three-
year average of the annual 99th percentile of the daily maximum one-hour average concentrations is less than or
equal to 75 parts per billion, as determined according to 40 CFR 50, Appendix T.
d. The standards in Sections 303.1(a) and (b) of this rule shall apply:
(1) In an area designated nonattainment for the standard in Sections 303.1(a) and (b) of this rule as of August
23, 2011, and areas not meeting a state implementation plan call for a standard in Sections 303.1(a) and (b)
of this rule until the state submits pursuant to section 191 of the Act, and the Administrator approves, a
state implementation plan providing for attainment of the standard in Section 303.1(c) of this rule in that
area.
(2) In areas other than those identified in Section 303.1(d) of this rule, until the effective date of the
designation of that area, pursuant to section 107 of the Act, for the standard in Section 303.1(c) of this rule.
303.2 Secondary Ambient Air Quality Standard for Sulfur Oxides (Measured as Sulfur Dioxide) 3-Hour
Concentration: The maximum 3-hour concentration shall be 0.5 ppm (1300 µg/m3) (1300 g/m3). This concentration
shall not be exceeded more than once per calendar year at any one location. The 3-hour averages shall be determined
from successive non-overlapping 3-hour blocks starting at midnight each calendar day and shall be rounded to 1
decimal place (fractional parts equal to or greater than 0.05 ppm shall be rounded up).
304 OZONE:
Primary and Secondary Ambient Air Quality Standards for Ozone Eight-hour Average Concentration:
The daily maximum eight-hour average concentration shall be 0.08 ppm 0.075 ppm. The standard shall be considered
attained at an ambient air quality monitoring site when the three-year average of the annual fourth-highest daily maximum
110

eight-hour average ozone concentration, as determined in accordance with 40 CFR 50, Appendix I P, is less than or equal to
0.08 ppm 0.075 ppm.
305 CARBON MONOXIDE:
305.1 Primary Ambient Air Quality Standards for Carbon Monoxide:
a. One-hour Average Concentration: The maximum one-hour average concentration shall be 35 ppm (40
mg/m3). This concentration shall not be exceeded more than once per year at any one location.
b. Eight-hour Average Concentration: The maximum eight-hour average concentration shall be 9 ppm (10
mg/m3). This concentration shall not be exceeded more than once per year at any one location. An eight-hour
average shall be considered valid if at least 75% of the hourly averages for the eight-hour period are available.
In the event that only six or seven hourly averages are available, the eight-hour average shall be computed on
the basis of the hours available using 6 or 7 as the divisor.
305.2 When summarizing data for comparison with the standards, averages shall be stated to one decimal place.
Comparison of the data with the levels of the standards in ppm shall be made in terms of integers with fractional
parts of 0.5 or greater rounding up.
306 NITROGEN DIOXIDE OXIDES (NITROGEN DIOXIDE):
Primary and Secondary Ambient Air Quality Standards for Nitrogen Dioxide Annual Arithmetic Mean Concentration: The
annual arithmetic mean concentration shall be 0.053 ppm (100 µg/m3). The standard shall be considered attained when the
annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places,
with fractional parts equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be
based upon hourly data that is at least 75% complete, or upon data derived from manual methods that is at least 75%
complete for the scheduled sampling days in each calendar quarter.
306.1 The primary ambient air quality standards for oxides of nitrogen, measured in the ambient air as nitrogen dioxide,
are:
a. Annual Concentration: 53 parts per billion. The annual primary standard is met when the annual average
concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with 40 CFR,
Appendix S for the annual standard.
b. One Hour Concentration: 100 parts per billion. The one-hour primary standard is met when the three-year
average of the annual 98th percentile of the daily maximum one-hour average concentration is less than or equal
to 100 parts per billion, as determined in accordance with 40 CFR 50, Appendix S.
306.2 The secondary ambient air quality standard for oxides of nitrogen is 0.053 parts per million (100 micrograms per
cubic meter) – annual arithmetic mean.
a. The standard shall be considered attained when the annual arithmetic mean concentration in a calendar year is
less than or equal to 0.053 ppm, rounded to three decimal places, with fractional parts equal to or greater than
0.0005 ppm rounded up.
b. To demonstrate attainment, an annual mean shall be based upon hourly data that is at least 75% complete, or
upon data derived from the manual methods, that is at least 75% complete for the scheduled sampling days in
each calendar quarter.
307 LEAD:
Primary and Secondary Ambient Air Quality Standards for Lead Quarterly Maximum Arithmetic Mean Concentration: The
maximum arithmetic mean concentration for lead and its compounds, measured as elemental lead, shall be 1.5 µg/m3, as
averaged over a calendar quarter.
307.1 The primary and secondary ambient air quality standards for lead and its compounds, measured as elemental lead, is
0.15 micrograms per cubic meter – maximum arithmetic mean averaged over a three-month period. The level of the
standards shall be measured by a reference method based on 40 CFR 50, Appendix G and designated in accordance
with 40 CFR 53, or by an equivalent designated in accordance with 40 CFR 53.
307.2 The national primary and secondary ambient air quality standards for lead are met when the maximum arithmetic
three-month mean concentration for a three-year period, as determined in accordance with 40 CFR 50, Appendix R,
is less than or equal to 0.15 micrograms per cubic meter.
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307.3 The former primary and secondary ambient air quality standards for lead of 1.5 micrograms per cubic meter
averaged over a calendar quarter shall apply to an area until one year after the effective date of the designation of
that area, pursuant to section 107 of the Act, for the standards in Section 307.1 of this rule.
308 POLLUTANT CONCENTRATION DETERMINATIONS: Pollutant concentrations shall be measured by the following
methods:
308.1 Appendices to 40 CFR 50: Pollutant concentrations shall be measured by the following appendices to 40 CFR 50:
Pollutant 40 CFR 50
Particulate Matter (PM2.5) Appendix L
Appendix N
Particulate Matter (PM10) Appendix J
Appendix K
Sulfur Oxides (Sulfur Dioxide) Appendix A
Appendix A-1
Ozone Appendix D
Appendix P
Carbon Monoxide Appendix C
Nitrogen Dioxide Appendix F
Appendix S
Lead Appendix G
Appendix R
308.2 Reference or Equivalent Methods: Pollutant concentrations shall also be measured by:
a. A method of measurement that has been designated as a reference or equivalent method by the Administrator
acting pursuant to 40 CFR 53; or
b. A method of measurement that, though not designated as a reference or equivalent method, has been approved
for use by the Administrator acting pursuant to 40 CFR 58, Appendix C. Such method shall be subject to any
restrictions placed on its use by the Administrator.
308.3 Method Withdrawal: The cancellation or supersession of designation of a reference or equivalent method by the
Administrator acting pursuant to 40 CFR 53.11 or 53.16, shall also amount to a withdrawal of the authorization for
use of that method for purposes of this regulation.
309 ADDITIONAL REQUIREMENTS:
309.1 Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with the
procedures described in the Appendices to 40 CFR 58.
309.2 Unless otherwise specified, interpretation of all ambient air quality standards contained in this rule shall be in
accordance with 40 CFR 50.
309.3 The evaluation of air quality data in terms of procedure, methodology, and concept is to be consistent with methods
described in 40 CFR 50.
310 INCORPORATIONS BY REFERENCE: The CFR references listed below are incorporated by reference in Appendix G of
these rules:
40 CFR 50;
40 CFR 50, Appendices A through N;
40 CFR 53;
40 CFR 58.26 and 40 CFR 58.50; and
40 CFR 58, all appendices.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 REPORTING OF AMBIENT AIR QUALITY MONITORING DATA:
401.1 Annual Air Quality Monitoring Report: The Control Officer shall submit to the Administrator an annual
summary report that at a minimum meets the requirements of 40 CFR 58.26 and 40 CFR 58, Appendix F. The
annual report will be made available to the public at the address listed in Section 102 of this rule.
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401.2 Daily Air Quality Index (AQI) Report: The Control Officer shall report to the general public an AQI that at a
minimum meets the requirements of 40 CFR 58.50 and 40 CFR 58, Appendix G. The AQI will also be made
available to the public at the address listed in Section 102 of this rule.
SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE)
REGULATION VI - EMERGENCY EPISODES
RULE 600
EMERGENCY EPISODES
INDEX
SECTION 100 - GENERAL
101 PURPOSE
102 EPISODE PROCEDURES GUIDELINES
SECTION 200 - DEFINITIONS
201 EMERGENCY EPISODE PLAN
SECTION 300 - STANDARDS
301 EPISODE LEVEL CRITERIA
302 CONTROL ACTIONS
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 EPISODE TERMINATION
402 COORDINATION WITH THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY
SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED)
Revised 07/13/88
Revised 07/13/1988; Revised xx/xx/xxxx
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION VI - EMERGENCY EPISODES
RULE 600
EMERGENCY EPISODES
SECTION 100 - GENERAL
101 PURPOSE: To establish criteria used to determine air pollution emergency episodes and the appropriate control actions.
This rule describes control and advisory procedures reached at each of the three episode levels.
102 EPISODE PROCEDURES GUIDELINES: Guidelines for the procedures and communication steps to be followed during
an air pollution episode are presented in Appendices D and E of the Arizona Air Pollution Control Implementation Plan. the
Arizona Department of Environmental Quality’s “Procedures for Prevention of Emergency Episodes,” amended as of
October 18, 1988 (and no future edition).
SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definition shall apply: For the purpose of this rule, the
following definition shall apply, in addition to those definitions found in Rule 100 (General Provisions and Definitions) of these rules.
In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definition in this rule takes
precedence.
201 EMERGENCY EPISODE PLAN: A system designed to reduce the levels of air contaminants which may reach or have
reached the level which may be harmful to health, and to protect that portion of the population at risk.
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SECTION 300 - STANDARDS
301 EPISODE LEVEL CRITERIA: An air pollution alert, warning or emergency shall be declared when the following air
pollutant concentrations are exceeded at any monitoring site and when meteorological conditions indicate that there will be a
recurrence of those concentrations for the same pollutant(s) during the subsequent 24-hour period:
EPISODE LEVEL CRITERIA
Pollutant Averaging Time Alert Warning Emergency
Sulfur Dioxide (ug/m3) 24-hr 800 1,600 2,100
Small Particulates(PM10) (ug/m3) 24-hr 350 420 500
Fine Particulates (PM2.5) (ug/m3) 24-hr 350 420 500
Total Particulates (ug/m3) 24-hr 375 625 875
Sulfur Dioxide and Particulates Combined (ug/m3) 24-hr 6.5x104 26.1x104 39.3x104
Ozone (ug/m3) 1-hr 400 800 1,000
(0.2ppm) (0.4ppm) (0.5ppm)
Nitrogen Dioxide (ug/m3) 1-hr 1,130 2,260 3,000
24-hr 282 565 750
Carbon Monoxide mg/m3 8-hr 17 (15 34 (20 ppm) 46 (40 ppm)
ppm)
302 CONTROL ACTIONS: When an air pollution alert, warning or emergency has been declared, one or more of the control
actions as applicable to the source emitting the pollutant of concern shall be implemented in the affected area.
302.1 Control Actions - Air Pollution Alert
a. All permits to burn shall be suspended until further notice. The forest service shall be notified to postpone slash
burning in affected areas.
b. Incineration shall be limited to the hours of 12 noon to 4:00 p.m.
c. Those manufacturing facilities with prearranged emission reduction plans as noted in the State Air Pollution
Control Implementation Plan shall be notified to initiate alert stage control actions. Other sources shall be
notified to minimize emissions by curtailing or deferring operations not on a required schedule and by
maximizing the collection efficiency of control equipment. Emissions from batch operations shall be limited to
the hours of 12 noon to 4:00 p.m.
d. The public shall be requested to voluntarily eliminate all unnecessary usage of motor vehicles.
302.2 Control Actions - Air Pollution Warning
a. Burning of refuse, vegetation, trade wastes, and debris shall not be permitted by any person.
b. Use of incinerators shall be prohibited.
c. Those manufacturing facilities with prearranged emission reduction plans as noted in the Arizona Air Pollution
Control Implementation Plan shall be notified to initiate warning stage control actions. Other sources shall be
notified to initiate a 40 percent or greater reduction in emissions by curtailment or cessation of operations. All
processing industries shall be requested to effect a maximum reduction in heat load demands.
d. If possible, power plant generating loads shall be transferred outside the affected area. Power plant production
shall be reduced by purchase of available energy from neighboring utilities.
e. Highway construction and paving activities shall be halted. All soil removal or grading operations at other
construction sites shall be postponed.
f. Dust producing crop preparation and cultivation activities shall be postponed. A maximum reduction in
agricultural processing and handling operations shall be effected.
g. The public shall be requested to voluntarily reduce motor vehicle usage by use of carpools and other means of
transportation and elimination of unnecessary operation.
302.3 Control Actions - Air Pollution Emergency
a. Those manufacturing facilities with prearranged emission reduction plans as noted in the Arizona Air Pollution
Control Implementation Plan shall be notified to initiate emergency stage control actions. Other manufacturing
establishments shall cease operations as directed by the Governor.
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b. As directed by the Governor, all commercial, governmental, and institutional establishments, except those vital
for public safety and welfare and enforcement of the emergency episode control actions, shall be closed.
c. Generating loads at power plants shall be reduced further, resulting from industrial and commercial cutbacks.
d. All construction shall be halted as directed by the Governor except that which must proceed to avoid emergent
physical harm.
e. As directed by the Governor, use of motor vehicles shall be prohibited except in emergencies with approval of
the local police.
SECTION 400 - ADMINISTRATIVE REQUIREMENTS
401 EPISODE TERMINATION: Once declared, any status reached by application of these criteria shall remain in effect until
the criteria for that level are no longer met. At such time, the next lower status will be assumed.
402 COORDINATION WITH THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY: When the conditions
justifying the proclamation of an air pollution alert, warning, or emergency are determined to exist in any place in Maricopa
County, the Control Officer shall be guided by the following criteria as established by state regulation R18-2-219, and
cooperate directly with the State Director, Arizona Department of Environmental Quality in all pertinent areas of control and
surveillance.
402.1 If the average wind speed for 24 hours is greater than 9.0 miles per hour, the criteria levels for particulates and sulfur
dioxide and particulates combined shall not apply and no source control actions shall be taken.
402.2 If, after an alert or warning episode level has been declared, and air pollution concentrations and meteorological
conditions do not deteriorate further, or improve after 48 hours and control actions have been taken, the next higher
episode shall be declared and its associated control actions implemented.
SECTION 500 - MONITORING AND RECORDS (NOT INCLUDED)
Adopted 07/26/00
Revised 08/22/01
APPENDIX D
List Of Insignificant Activities
The List of Insignificant Activities is a list of most common insignificant activities. An insignificant activity is any activity, process,
or emissions unit that is not subject to a source-specific applicable requirement and that emits no more than 0.5 ton per year of
hazardous air pollutants (HAPs) and no more than 2 tons per year of a regulated air pollutant. Source-specific applicable requirements
include requirements for which emissions unit-specific information is needed to determine applicability.
Pursuant to Rule 200 of these rules, a Non-Title V source is not required to list nor to describe insignificant activities in a permit
application. If a Non-Title V source’s emissions are approaching an applicable requirement, then such Non-Title V source may also be
required to include, in a permit application, a description of its insignificant activities and emissions calculations for such insignificant
activities.
Pursuant to Rule 200 of these rules, a Title V source, in a permit application, may, rather than supplying detailed information, list and
generally group its insignificant activities. However, an application may not omit information regarding insignificant activities that is
needed to determine: (1) applicability of or to impose any applicable requirement; (2) whether the source is in compliance with
applicable requirements; or (3) the fee amount required under these rules.
An activity, process, or emissions unit that is not included in this list may be considered an insignificant activity, if it meets the definition of
insignificant activity in Rule 100 (General Provisions and Definitions) of these rules and is approved by the Control Officer and the
Administrator of the Environmental Protection Agency (EPA). A source may request approval for the classification of an activity as
insignificant by including such a request in its permit application, along with justification that such activity meets the definition of
insignificant activity in Rule 100 (General Provisions and Definitions) of these rules.
Food Processing Equipment:
1. Any confection cooker and associated venting or control equipment cooking edible products intended for human consumption.
2. Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of operation.
General Combustion Activities:
1. All natural gas and/or liquefied petroleum gas-fired pieces of equipment over 300,000 BTU per hour, only if the input capacities
added together are less than 2,000,000 BTU per hour, the emissions come from fuel burning, and the equipment is used solely
for heating buildings for personal comfort or for producing hot water for personal use.
2. Any oil-fueled heating piece of equipment (except off-spec. oil) with a maximum rate input capacity or an aggregate input
capacity of less than:
(a) 500,000 BTU/hour if only emissions came from fuel burning, or
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(b) 1,000,000 BTU/hour if only emissions came from fuel burning and the equipment is used solely for heating buildings for
personal comfort or for producing hot water for personal use.
Surface Coating And Printing Equipment:
1. Any equipment or activity using no more than one gallon per day of surface coating or any combination of surface coating and
solvent, which contains either VOC or hazardous air pollutants (HAPs) or both.
Solvent Cleaning Equipment:
1. Any non-vapor cleaning machine (degreaser) or dip-tank having a liquid surface area of 1 square foot (0.09 square meters) or less,
or having a maximum capacity of 1 gallon (3.79 liters) or less.
Internal Combustion (IC) Equipment:
1. IC engine-driven compressors, IC engine-driven electrical generator sets, and IC engine-driven water pumps used only for
emergency replacement or standby service (including testing of same), not to exceed 4,000 pounds of NOx and CO at 500 hours of
operation per year.
2. Any piston-type IC engine with a manufacturer’s maximum continuous rating of no more than 50 brake horsepower (bhp).
Laboratories And Pilot Plants:
1. Lab equipment used exclusively for chemical and physical analyses.
Storage And Distribution:
1. Chemical or petroleum storage tanks or containers that hold 250 gallons or less and would have emissions of a regulated air
pollutant.
2. Any emissions unit, operation, or activity that handles or stores no more than 12,000 gallons of a liquid with a vapor pressure
less than 1.5 psia.
3. Any equipment used exclusively for the storage of unheated organic material with: (1) an initial boiling point of 150 Centigrade
(C) (302 Fahrenheit (F)) or greater, as determined by ASTM test method 1078-86; or (2) a vapor pressure of no more than 5
millimeters mercury (mmHg) (0.1 pound per square inch (psi) absolute), as determined by ASTM test method D-2879-86.
4. Any equipment with a capacity of no more than 4,200 gallons (100 barrels) used exclusively to store oil with specific gravity
0.8762 or higher (30 API or lower), as measured by API test method 2547 or ASTM test method D-1298-80.
5. Any equipment used exclusively for the storage of liquefied gases in unvented pressure vessels, except for emergency pressure-
relief valves.
6. Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated with the dry natural
gas should not be considered an insignificant activity, unless such ICE or other equipment independently qualifies as an
insignificant activity.
7. Any equipment used exclusively for the storage of fresh, commercial, or purer grade of: (1) sulfuric or phosphoric acid with acid
content of no more than 99% by weight; or (2) nitric acid with acid content of no more than 70% by weight.
Miscellaneous Activities:
1. Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment venting such blast
cleaning equipment.
2. Cooling towers: Any water cooling tower which: (1) has a circulation rate of less than 10,000 gallons per minute; and (2) is not
used to cool process water, water from barometric jets, or water from barometric condensers.
3. Batch mixers with rated capacity of 5 cubic feet or less.
4. Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose production rate is
200 tons per 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.
5. Any other activity pursuant to Rule 200 of these rules, which meets all of the following requirements:
(a) Is not otherwise subject to a source-specific applicable requirement.
(b) Is not needed to determine all applicable requirements, compliance status, or fee amounts.
(c) Does not emit more than 0.5 ton per year of hazardous air pollutants (HAPs) or more than 2 tons per year of a regulated air
pollutant, and
(d) Is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA).
6. Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction activities and with the
potential to emit hazardous air pollutant (HAP) metals, provided the total emissions of HAPs do not exceed 0.5 tons per year.
7. 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.
8. Any aerosol can puncturing or crushing operation that processes less than 500 cans per day, provided such operation uses a closed
loop recovery system.
9. Any laboratory fume hood or vent, provided such equipment is used exclusively for the purpose of teaching, research, or quality
control.
Adopted 07/26/00
Revised 08/22/01
APPENDIX E
List Of Trivial Activities
116

The List of Trivial Activities is a list of most common trivial activities. A trivial activity is any activity, process, or emissions unit that
has extremely low emissions and is not subject to a source-specific requirement. An activity, process, or emissions unit that is
conducted as part of a manufacturing process or is related to the source’s primary business activity is not considered trivial.
Pursuant to Rule 200 of these rules, Title V sources and Non-Title V sources are not required, in permit applications, to list trivial
activities, to describe trivial activities, nor to include the emissions from trivial activities.
General Combustion Activities:
1. Combustion emissions from propulsion of mobile sources, except for vessel emissions from outer continental shelf sources.
Surface Coating And Printing Equipment:
1. Equipment used for surface coating, painting, dipping or spraying operations, except those that will emit volatile organic
compounds (VOC) or hazardous air pollutants (HAPs).
Cleaning Equipment:
1. Laundry activities, except for dry-cleaning and steam boilers.
Internal Combustion Equipment:
1. Internal combustion (IC) engines used for landscaping purposes.
2. Emergency (backup) electrical generators at residential locations.
Testing And Monitoring Equipment:
1. Routine calibration and maintenance of laboratory equipment or other analytical instruments.
2. Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials
for analysis.
3. Hydraulic and hydrostatic testing equipment.
4. Environmental chambers not using HAP gases.
5. Shock chambers.
6. Humidity chambers.
7. Solar simulators.
8. Vents from continuous emissions monitors and other analyzers.
Office Equipment:
1. Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act.
2. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any
manufacturing/industrial or commercial process.
3. Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic
reproduction.
4. Bathroom/toilet vent emissions.
5. Tobacco smoking rooms and areas.
6. Consumer use of paper trimmers/binders.
Repair And Maintenance:
1. Janitorial services and consumer use of janitorial products.
2. Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, re-tarring
roofs, installing insulation, and paving parking lots), provided these activities are not conducted as part of a manufacturing
process, are not related to the source’s primary business activity, and not otherwise triggering a permit modification. Cleaning
and painting activities qualify, if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners and/or
operators must still get a permit, if otherwise required.
3. Repair or maintenance shop activities not related to the source’s primary business activity (excluding emissions from surface
coating or degreasing (solvent metal cleaning) activities) and not otherwise triggering a permit modification.
Storage And Distribution:
1. Storage tanks, vessels, containers holding or storing liquid substances that will not emit any VOC or HAPs. Exemptions for
storage tanks containing petroleum liquids or other VOCs should be based on size limits and vapor pressure of liquids stored and
are not appropriate for this list.
2. Demineralized water tanks and demineralizer vents.
3. Boiler water treatment operations, not including cooling towers.
Hand Operated Equipment:
1. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic.
2. Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation.
3. Portable electrical generators that can be moved by hand from one location to another. “Moved by hand” means that it can be
moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device.
4. Air compressors and pneumatically operated equipment, including hand tools.
Food Equipment:
1. Non-commercial food preparation.
Water And Waste Water Treatment:
1. Process water filtration systems and demineralizers.
2. Oxygen scavenging (de-aeration) of water.
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Emergency Equipment:
1. Fire suppression systems.
2. Emergency road flares.
Roadways And Motor Vehicles:
1. Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes
and any required fugitive dust control plan or its equivalent is submitted.
Miscellaneous Activities:
1. Blacksmith forges.
2. Brazing, soldering and welding equipment, and cutting torches related to manufacturing and construction activities that do not
result in emission of HAP metals.
3. Batteries and battery charging stations, except at battery manufacturing plants.
4. Storage tanks, reservoirs, and pumping and handling equipment, of any size, containing soaps, vegetable oil, grease, animal fat,
and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized.
5. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided
appropriate lids and covers are utilized.
6. Drop hammers or hydraulic presses for forging or metalworking.
7. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.
8. CO2 lasers, used only on metals and other materials which do not emit HAPs in the process.
9. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in
the ovens or autoclaves, or the boilers delivering the steam.
10. Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants.
11. Laser trimmers using dust collection to prevent fugitive emissions.
12. Ozone generators.
13. Steam vents and safety relief valves.
14. Steam leaks.
15. Steam cleaning operations.
16. Steam sterilizers.
17. Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering
cookers, boilers, heating plants, incinerators, and electrical power generating equipment.
18. Bench-scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents.
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