AQ-2013-005 REPORTBOS.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board of Health Meeting Date: July 27, 2015
Board Hearing Date: December 9, 2015
Case #/Title: AQ-2013-005-New Source Review
Agenda Item: C-85-16-003-M-00
Supervisor Districts: All Districts
Applicant: Staff
Request: Approve amendments to Maricopa County Air Pollution Control
Regulations regarding New Source Review (NSR) and approve
submitting the amended rules as a revision to the (Arizona) State
Implementation Plan (SIP).
The purpose of this rulemaking is to update the Maricopa County
Air Quality Department’s NSR rules in order to secure their
approval as part of the SIP under the federal Clean Air Act. The
update will be consistent with revisions the Arizona Department
of Environmental Quality (ADEQ) and the U.S. Environmental
Protection Agency (EPA) made to the NSR Program required by
the federal Clean Air Act.
NSR is a long-standing Clean Air Act permitting program that
requires businesses to get an air pollution control permit before
they start construction or make major modifications to their
business. NSR must ensure that air quality is not significantly
degraded from the addition of new or modified businesses, while
also providing flexibility to businesses to improve or modernize
their operations. Air quality permits must include an air quality
analysis to demonstrate that new emissions emitted from the
business will not cause or contribute to a violation of a National
Ambient Air Quality Standard. Permit fees are not changing due
to this rulemaking.
Support/Opposition: The department received written comments from the Salt River
Project Agricultural Improvement and Power District (SRP) via
the Enhanced Regulatory Outreach Program (EROP) website;
they stated their opinion as “other”. The comments and the
department’s responses are provided below.
Comment #1: Proposed “Permitting Threshold”

The new MCAQD Rule 100, Section 200.86 related to “Permitting Threshold” defines the new trigger
levels as follows: 0.3 tpy for lead (Pb); 0.5 tpy for particulate matter nominally less than 2.5 microns
(PM2 5), particulate matter nominally less than 10 microns (PM10), volatile organic compounds (VOC),
and any single hazardous air pollutant (HAP) (other than Pb); and 1.0 tpy for sulfur dioxide (SO2),
nitrogen oxide (NOx), carbon monoxide (CO), total HAPs, and any other “regulated air pollutant.” The
proposed thresholds are inconsistent with the current MCAQD thresholds in Rule 100, Section 200.58,
which states the following: “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 this is either included in Appendix D-List of
Insignificant Activities of these rules 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.” The 0.5 and 2 tpy thresholds
noted above are also defined as the Insignificant Emissions Rate (IER) in the MCAQD December 29,
2006 “Interim Guidance Document For Title V Permit Revisions,” which has been applied to Title V
permit revisions in the county since 2007. The proposed thresholds are also inconsistent with “Permitting
Exemption Thresholds” proposed by the ADEQ NSR rules, which are as follows: 0.3 tpy for lead (Pb); 50
tpy for CO; 20 tpy for VOC, NOx, and SO2; 7.5 tpy for PM10; and 5 tpy for PM2 5 (primary emissions
only). MCAQD retained the historic 0.5 tpy threshold for HAPs and utilized ADEQ’s proposed 0.3 tpy
threshold for Pb. At a minimum, MCAQD should revise the threshold for all pollutants, other than lead,
to be consistent with its definition of Insignificant Emissions Rate (IER) in the December 29, 2006
“Interim Guidance Document For Title V Permit Revisions.”
Response #1: Proposed “Permitting Threshold”
In response to SRP’s comment regarding permitting thresholds, the department is proposing to de-couple
the permitting thresholds from the definition of “insignificant activity”. The department is proposing to
maintain the current permitting thresholds but to convert the thresholds from pounds per day to tons per
year. The department is proposing to retain the original definition of “insignificant activity” as written in
Rule 100, Section 200.58 (new Section 200.63) with the deletion of “and that is either included in
Appendix D-List of Insignificant Activities of these rules”. Appendix D is proposed to be repealed in this
rulemaking. In addition, in Rule 200, Section 305.4 (Exemptions), the department is proposing to delete
the text “Insignificant activities, provided any single or combination of insignificant activities have total
uncontrolled emissions less than the permitting thresholds as defined in Rule 100 of these rules” and to
add activities, processes, or emissions units that were proposed to be listed in the proposed new definition
of “insignificant activity” in Rule 100 and that are proposed to be deleted in Rule 200, Section 303.3(c).
Comment #2: Proposed “Minor NSR Modification Threshold”
The new MCAQD Rule 100, Section 200.70(f) related to “Minor NSR Modification Threshold” defines
the new trigger levels as follows: 0.3 tpy for lead (Pb); and 5 tpy for PM2 5 (primary emissions only),
PM10, SO2, NOx, VOC, and CO. The proposed thresholds are also inconsistent with the corollary “Minor
NSR Modification” proposed by the ADEQ NSR rules, which are the same as the “Permitting Exemption
Thresholds” listed above. The MCAQD proposal is similar to ADEQ’s for Pb and PM2 5 but with much
lower thresholds for all other pollutants (CO, VOC, NOx, SO2, and PM10). SRP understands that Maricopa
County is a nonattainment area for ozone and PM10, which may justify a lower threshold for VOC, NOx,
and PM10. However, the thresholds proposed by MCAQD seem more appropriate for severe and extreme
nonattainment areas and such low thresholds leave no room for future downward adjustment in the case
of a severe nonattainment designation of Maricopa County. Therefore, consistent with ADEQ’s program,
MCAQD should change the minor NSR permitting thresholds to match ADEQ’s thresholds for all
pollutants other than the nonattainment pollutants. SRP proposes that for PM10, VOC, and NOx MCAQD
adopt a conservative threshold of 40% of the “Significant” emission rates in MCAQD Rule 100, Section
200.99 as follows: 0.3 tpy for lead (Pb); 50 tpy for CO; 20 tpy for SO2; 16 tpy for VOC, NOx, and 6 tpy
for PM10; and 5 tpy for PM2 5 (primary emissions only).

Response #2: Proposed “Minor NSR Modification Threshold”
Given the permitting thresholds and the applicability criteria in the numerous source-specific emission
control rules in place to address county nonattainment areas, the department is proposing to define
permitting thresholds that would trigger minor NSR modifications at different levels than ADEQ
proposed. The permitting thresholds that would trigger minor NSR modification are proposed as follows:
5.0 tons per year-PM2 5, PM10, SO2, NOx, VOC, and CO; 0.3 tpy for lead. In ADEQ’s Notice of Final
Rulemaking (18 A.A.R. 1542, July 6, 2012), ADEQ states “ADEQ confirms that the amendments to the
State’s NSR program are designed to meet federal Clean Air Act requirements solely for the areas subject
to ADEQ’s jurisdiction and may not be sufficient to meet those requirements for nonattainment areas
subject to MCAQD’s jurisdiction.”
Comment #3: Development Of A “Registration” Program
In a May 22, 1996 letter addressing the adequacy of ADEQ’s permitting program, EPA Region 9 stated
that “ADEQ could develop a source registration program for smaller facilities that would achieve that
same environmental benefit as a traditional permitting program.” (Per Arizona Department of
Environmental Quality (ADEQ), State Implementation Plan Revision, New Source Review, Final
Version, October 2012, Page 1547) As a result, the proposed ADEQ NSR rules contain a new
“Registration” program to minimize the burden imposed on currently unpermitted or smaller emission
sources. The MCAQD rules do not propose the development of a similar registration program. The
changes being proposed to the MCAQD permitting and Minor NSR thresholds are expected to bring
numerous currently unpermitted and smaller emission sources into the MCAQD permitting program.
Under the current proposed MCAQD rules, such sources will likely need to obtain an MCAQD Non-Title
V permit, which can require a complicated application for the applicants and consume MCAQD permit
engineering resources with no measurable improvement to county air quality. Due to the impact on
MCAQD permit engineering resources, other larger industrial sources with pending Title V and Non-Title
V permit actions may experience permit processing delays that could be detrimental to the county’s
business and economic advantage.
Response #3: Development Of A “Registration” Program
The commenter has mischaracterized the department’s existing permitting thresholds. The proposed
permitting thresholds simply convert the existing pounds per day thresholds in Rule 200, Section
303.3(c)(7)(j) to the less burdensome tons per year format. This change may actually reduce not increase
the number of permits issued by the department. Based on experience in administering the existing permit
program, the department’s Permit Engineering Division estimates that it will process approximately 100
applications for permits or permit revisions subject to minor NSR per year. The Permit Engineering
Division also estimates that on average the additional time for processing the minor NSR components
(applicability and air quality impact analyses) of a permit or permit revision application will be 2 hours
per application for SCREEN modeling for ambient air quality assessment and 5 hours per application for
reviewing refined modeling performed by the source. The Permit Engineering Division further estimates
that the department will perform SCREEN modeling for the air quality impact assessment on
approximately 95% of the permit applications and will review the refined modeling performed by the
source on approximately 5% of the permit applications. In addition, the department’s existing general
permit program which falls under its minor NSR program is a less costly alternative currently available to
many small businesses (e.g. dry cleaners, gas stations, surface coating operations, auto body shops, etc.).
The general permits are designed specifically with small businesses in mind. General permitted sources
will not incur the cost of an ambient air quality assessment as this would be done up front when the
general permit is established rather than when an authorization to operate is issued. Many small
businesses currently required to obtain permits are eligible for a general permit and are not required to get
a Non-Title V permit. Thus, for some small businesses, the general permit program is an existing and less
costly alternative to the Non-Title V permit.

Comment #4: Minor NSR Reasonably Available Control Technology (RACT) Determinations
The MCAQD NSR rules propose a new Rule 241, Section 307 that the agency shall determine RACT for
minor NSR purposes, as follows: (1) For sources subject to source-specific rule under Regulation III
(Control of Air Contaminants), RACT is the emissions limitation in the applicable rule and (2) For all
other sources, RACT shall be determined by one of the following: technology that may previously have
been applied to a similar, but not necessarily identical, source category; a control technique guideline
(CTG) issued by the EPA under Clean Air Act (CAA) section 108(f)(1); or an emissions standard
established or revised in a New Source Performance Standard (NSPS) or National Emission Standard for
Hazardous Air Pollutants (NESHAP) after November 15, 1990. However, the ADEQ NSR rules proposed
at R18-2-334(D) that the agency shall accept a requirement proposed as RACT if it complies with the
most recently adopted guidelines or standards from the list below. The differences with respect to the
MCAQD proposal are in bold text. “a. A control technique guideline (CTG) issued by the EPA under
CAA section 108(f)(1); b. An emissions standard established or revised in an NSPS or NESHAP after
November 15, 1990; c. An applicable requirement in ADEQ or county rules that has been spefically
identified as constituting RACT; d. A RACT standard imposed on the same type of source by a
General Permit; and e. A RACT standard imposed on the same type of source within the past 10
years.” (The rules also not that to facilitate identification of previously imposed RACT standards,
the ADEQ will establish an online database of historic RACT determinations). A comparison of the
proposals above indicates that ADEQ allows applicants to use standards contained in General Permits.
Additionally, ADEQ will develop an online tool to summarize historic RACT determinations. The
addition of the two remaining ADEQ RACT determination sources would provide more flexibility in
meeting the RACT obligations of the proposed MCAQD NSR rules. Therefore, MCAQD should add
these remaining two remaining ADEQ RACT demonstration sources in the proposed revisions.
Response #4: Minor NSR Reasonably Available Control Technology (RACT) Determinations
With historical nonattainment areas, the department has implemented RACT as required by the Federal
CAA Sections 172(c)(1), 182, and 189. Each nonattainment area plan contains a RACT SIP and the
associated RACT rules. As a result, using general permits to establish RACT is not an option in Maricopa
County. For the unique process not subject to RACT, an applicant may propose RACT consistent with the
definition of “RACT” in Rule 100 that allows for RACT technology that may previously have been
applied to a similar, but not necessarily identical source category. The department processes 1 -2 such
applications per year and almost all utilize the provision in Rule 100. Consistent with the Maricopa
County obligation under A.R.S. § 49-480(B), the department is proposing to adopt NSR amendments that
are substantially identical to the ADEQ and EPA NSR programs for major sources and amendments that
generally impose no greater procedural burden than ADEQ’s procedures for minor sources. However, due
to long-standing nonattainment area federal requirements, Maricopa County’s permitting thresholds are
lower than ADEQ’s permitting thresholds. Under A.R.S. § 49-479(C), a county may not adopt a rule or
ordinance that is more stringent than the rules adopted by ADEQ for similar sources unless it
demonstrates compliance with the applicable requirements of A.R.S. §49-112. Under § 49-112(A), the
county may adopt a rule that is more stringent than or in addition to a provision of A.R.S. Title 49 or an
ADEQ rule under specific conditions including peculiar local conditions, necessary to prevent a
significant threat to public health or environment, or required under a federal statute or regulation. The
proposed rule amendments relating to minor NSR included in this rulemaking are designed to address a
lack of explicit procedures designed “to assure that national ambient air quality standards are achieved,”
as required by CAA § 110(a)(2)(C). Maricopa County’s current minor source permitting rules require the
inclusion of “[e]nforceable emission limitations and standards, including operational requirements and
limitations that ensure compliance with all applicable requirements.” Rule 220, Section 302.2. They
therefore satisfy the requirement in EPA’s minor NSR rules to assure that minor sources do not violate
“applicable portions of the control strategy.” Maricopa County's permit rules for minor NSR impose no
greater procedural burden than procedures for the review, issuance, revision and administration of permits
issued by the State. However, Maricopa County's rules and procedures contain requirements specific to
nonattainment area status, increment consumption analysis and impacts on nearby nonattainment areas.

These requirements result in permit conditions that address the source's proximity to the PM10 and ozone
nonattainment areas, specific atmospheric and geographical conditions found at the source's location,
control technology provisions required by the CAA for nonattainment areas, and other control measures
adopted into various nonattainment SIPs for Maricopa County. Specifically, various SIPs for Maricopa
County have required the adoption of reasonably available control technology (RACT), best available
control technology (BACT), and most stringent measures (MSM) as required by CAA §§ 172, 182, 188,
and 189.
Comment #5: Application Of RACT To Proposed Modifications
The ADEQ NSR rules propose at R18-2-334(C)(1) that RACT shall be implemented for each emissions
unit that will experience an increase in the potential to emit of a regulated minor NSR pollutant in an
amount greater than or equal to 20% of the permitting exemption threshold (i.e., not all emission sources
at a new source must address RACT). This provision allows the application of controls to the emissions
unit that contribute to the bulk of the site’s emissions and reduces the burden of either (1) applying
control to emissions units or (2) developing technical and economic infeasibility demonstrations for small
emissions units and spending permit engineering and processing resources on such demonstrations. The
proposed MCAQD NSR rules do not include such an allowance. As a result, all emissions units
associated with a modification may need to be considered for RACT demonstration. As discussed above,
this could lead to significant consumption of MCAQD permit engineering resources on smaller emission
units with no measurable improvement to county air quality. Due to the impact on MCAQD permit
engineering resources, other larger industrial sources with pending Title V and Non-Title V permit
actions may experience permit processing delays that could be detrimental to the county’s business and
economic advantage. Therefore, MCAQD should add a 20% threshold for the implementation of RACT
on sources experiencing emission increases greater than the proposed “Permitting Thresholds.”
Response #5: Application Of RACT To Proposed Modifications
Since Maricopa County’s numerous federally approved RACT rules contain applicability criteria that
determine when RACT must be applied, setting a general RACT threshold is not an option in Maricopa
County. Based on experience in administering the existing permit program, the department’s Permit
Engineering Division estimates that it will process approximately 100 applications for permits or permit
revisions subject to minor NSR per year. The Permit Engineering Division also estimates that on average
the additional time for processing the minor NSR components (applicability and air quality impact
analyses) of a permit or permit revision application will be 2 hours per application for SCREEN modeling
for ambient air quality assessment and 5 hours per application for reviewing refined modeling performed
by the source. The Permit Engineering Division further estimates that the department will perform
SCREEN modeling for the air quality impact assessment on approximately 95% of the permit
applications and will review the refined modeling performed by the source on approximately 5% of the
permit applications.
Comment #6: “NAAQS Compliance Assessment”
The new MCAQD NSR proposed rule at Rule 241, Section 308 “NAAQS Compliance Assessment” notes
that an ambient air quality assessment must demonstrate that new emissions would not interfere with
attainment or maintenance of the NAAQS. Such demonstration would require an evaluation of the impact
from the source or modification, as well as the addition of a representative background. For PM10 (which
is also a nonattainment pollutant), most of the monitors around Maricopa County register ambient
concentrations that exceed the NAAQS. As a result, MCAQD should define an alternate procedure in the
rule that can be executed when developing the ‘NAAQS Compliance Assessment” for nonattainment
pollutants. Furthermore, MCAQD does not currently have air dispersion modeling guidelines, although a
request for proposals (RFP #15076) for “Air Quality Dispersion Modeling Guideline Development” was
issued in July 2015. MCAQD must continue with the process of developing guidelines, allowing public

participation in the development of such guidelines, and allow the use of modeling guidelines from other
Arizona agencies, such as the ADEQ, in the interim.
Response #6: “NAAQS Compliance Assessment”
Thank you for the comment. The department is currently using ADEQ guidelines for major source
permitting. Recognizing that a Maricopa County-specific guideline would be necessary, the department
issued a request for proposal (RFP) for a small business user-friendly guideline as a supplement to the
ADEQ guideline providing Maricopa County-specific data and resources. The RFP also reflects the
department’s intent to hold public workshops on the draft document.
Comment #7: Timing Of Public Notice On Proposed Rules
The MCAQD “Report To The Board Of Health” indicates that “…the Department is reviewing its NSR
rules to make sure that whatever the EPA has disapproved in ADEQ’s NSR rules will be written in such a
way that it is approvable by the EPA in the department’s NSR rules.” (Per Report To The Board Of
Health To Initiate Regulatory Change, Prepared By The Maricopa County Air Quality Department, Case
#/Title: AQ-2013-005-New Source Review (NSR), Meeting Date: July 27, 2015) This implies that further
revisions could be made to the proposed MCAQD NSR rules as the ADEQ received the final “limited
approval and limited disapproval” on their NSR program on June 29, 2015, and further refinements to the
ADEQ NSR rules are in process. For example, ADEQ had proposed under R18-2-334 that an application
may be processed as a minor permit revision if the results of the SCREEN model show expected
concentrations, including background concentrations, are less than 75% of the applicable standard.
MCAQD has a similar proposal in their proposed NSR rules. The June 29, 2015 final EPA “limited
approval and limited disapproval” rejected ADEQ’s initial proposal. This is just one example of an issue
that is expected to affect the current draft of the MCAQD NSR rules. As a result, MCAQD should delay
public notice of its rule package until MCAQD can assess and incorporate all of the changes that ADEQ
is implementing in their rules to address the basis for EPA’s “limited disapproval”.
Response #7: Timing Of Public Notice On Proposed Rules
According to Arizona Revised Statutes § 49-471.07(C), “The Board of Supervisors shall not adopt a rule
or ordinance that is substantially different from the proposed rule or ordinance contained in the Notice of
Proposed Rulemaking…” Since the Notice of Proposed Rulemaking was published on July 31, 2015 (21
A.A.R. 1302), the department is proposing additional amendments to its NSR rules. The scope of the
amendments incorporate changes that ADEQ is implementing in their rules to address the basis for EPA’s
“limited disapproval” and to comport with federal regulations, e.g., clarify definitions so they more
closely match federal definitions, delete minor NSR rule provisions that allow certain permit revisions to
be processed as minor permit revisions and delete the 5 tpy lead threshold as it’s not required under
federal regulations. In addition to such amendments being described in Item #12 in this Draft Notice of
Final Rulemaking, such amendments are described in a Notice of Supplemental Proposed Rulemaking
which will be published in the Arizona Administrative Register on October 9, 2015; this will allow
Stakeholders 30-days to submit comments regarding such additional amendments. The 30-day comment
period will close on November 9, 2015.
Comment #8: Version Date For Dispersion Models
Pursuant to MCAQD proposed Rule 100, Section 200.111: “Screen Model: The AERSCREEN air
dispersion model published by the Administrator in April 2011 and available on the Support Center for
Regulatory Atmospheric Modeling website: http://www.epa.gov/ttn/scram.” It is to be noted that the
current applicable version of the AERSCREEN model is 15181, which was released by EPA in 2015. The
April 2011 version is no longer applicable. Since EPA releases updates to dispersion models on a frequent
basis, MCAQD’s rules should not identify the date of the model version to be used. MCAQD should

adopt ADEQ’s proposed definition of “Screening Model” meaning “air dispersion modeling performed
with screening techniques in accordance with 40 CFR 51 Appendix W.”
Response #8: Version Date For Dispersion Models
In Rule 100, Section 200.113 (Definition of “Screening Model”), the department is proposing to change
the definition of “screen model” to the definition of “screening model” so it is consistent with ADEQ’s
NSR rules R18-2-301(21) and to change the term as used in Rule 241, Section 308.1.
Staff
Recommendation: Approve
Board of Health
Recommendation: Approve per Staff recommended language
Additional
Comments: This regulatory change is following the Enhanced Regulatory
Outreach Program (EROP) Policy and workflow process. The
County Manager briefed the Board of Supervisors regarding this
rulemaking in January 2013. In accordance with the Maricopa
County Resolution “Moratorium on Increased Regulatory
Burdens”, the County Manager authorized the department to
proceed with this rulemaking in July 2013. On April 27, 2015,
the Board of Health approved initiation of this regulatory change
and on July 27, 2015, the Board of Health approved making a
recommendation to the Board of Supervisors to approve this
regulatory change.
Presented By: Philip A. McNeely, R.G., Director
Prepared By: Kathleen Sommer, Planner
Attachments: Summary of the proposed regulatory change (See Item 6 of the
Draft Notice of Final Rulemaking)
Analysis of input received during the process and how that input
was responded to (See Item 13 of the Draft Notice of Final
Rulemaking)
Language of proposed regulatory change or amendment (See
Item 17 of the Draft Notice of Final Rulemaking)
Preamble required by Arizona Revised Statutes (A.R.S.) § 49-
471.05 (See Draft Notice of Final Rulemaking)
Minutes from Board of Health meeting
Copies of all written and electronic Stakeholder input
Signed copy of the Maricopa County Resolution “Moratorium
on Increased Regulatory Burdens”

DRAFT NOTICE OF FINAL RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
PREAMBLE
AQ-2013-005-NEW SOURCE REVIEW (NSR)
1. Rules affected Rulemaking action
Rule 100: General Provisions and Definitions Amend
Rule 200: Permit Requirements Amend
Rule 210: Title V Permit Provisions Amend
Rule 220: Non-Title V Permit Provisions Amend
Rule 230: General Permits Amend
Rule 240: Permit Requirements For New Major Sources and Major
Modifications to Existing Sources Amend
Rule 241: Permits for New Sources and Modifications to Existing Sources Amend
Rule 500: Attainment Area Classification Repeal
Rule 510: Air Quality Standards Amend
Rule 600: Emergency Episodes Amend
Appendix D: List of Insignificant Activities Repeal
Appendix E: List of Trivial Activities Repeal
2. Statutory authority for the rulemaking:
Authorizing statutes: C.F.R. 4825-1, January 2, 1994 (F.R Doc. 94-802 Filed 01-11-94)
A.R.S. §§ 49-474, 49-479, and 49-480
Implementing statute: A.R.S. § 49-112
3. The effective date of the rules:
Tentative date of adoption: December 9, 2015
4. List of all previous notices appearing in the Register addressing the rulemaking:
Notice of Proposed Rulemaking: 21 A.A.R. 1302, July 31, 2015
Notice of Supplemental Proposed Rulemaking: 21 A.A.R. [Page Number], October 2, 2015
5. Name and address of department personnel with whom persons may communicate regarding the
rulemaking:
Name: Kathleen Sommer
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125
Phoenix, Arizona 85004

Telephone: (602) 506-6010
Fax: (602) 506-6179
E-Mail: aqplanning@mail.maricopa.gov
6. Explanation of the rule, including the department's reasons for initiating the rulemaking:
Summary:
The purpose of this rulemaking is to update the Maricopa County Air Quality Department’s (department’s)
New Source Review (NSR) rules in order to secure their approval as part of the state implementation plan
(SIP) under the federal Clean Air Act. The update will be consistent with revisions the Arizona Department
of Environmental Quality (ADEQ) and the U.S. Environmental Protection Agency (EPA) made to the NSR
Program required by the federal Clean Air Act (CAA).
The proposed amendments included in the rulemaking consist of extensive revisions to the county’s major
NSR program as well as new NSR requirements for minor sources and minor modifications designed to
protect the national ambient air quality standards (NAAQS). (Whether a source or modification is major or
minor depends on the level of emissions, as described in greater detail below.)
There is currently a significant discrepancy, known as the “SIP gap,” between the NSR rules as set forth in
the Maricopa County Air Pollution Control Regulations and the rules that have been approved by the EPA
into the Maricopa County portion of the Arizona SIP. Once approved, the amended rules will eliminate the
SIP gap.
This rulemaking also includes proposed conforming and technical changes to rules related to NSR, such as
requirements for the general permit program.
Background:
Clean Air Act NSR Requirements
Section 110(a)(2)(C) of the federal Clean Air Act (the “Act” or “CAA”), 42 U.S.C. 7410(a)(2)(C), requires
SIPs to:
include a program to provide for the … regulation of the modification and construction of any
stationary source within the areas covered by the plan as necessary to assure that national ambient
air quality standards are achieved, including a permit program as required in parts C and D of this
subchapter… .
Because regulations adopted under this section apply to newly constructed and modified, as opposed to
existing, sources they are commonly referred to as “new source review” programs.

Part C of title I of the Act, 42 U.S.C. 7470-7492, establishes the NSR requirements for major sources that
are constructed or modified in areas that have attained the NAAQS for one or more criteria pollutants
(ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, PM10, PM2.5 and lead). Sources that belong to
the list of categories set forth in section 169(1) of the Act, 42 U.S.C. 7479(1), are major if they emit or have
the potential to emit 100 or more tons per year of a regulated air pollutant. Other sources are subject to a
250 tons per year threshold.
The program required by Part C is known as “Prevention of Significant Deterioration” (PSD) because its
purpose is to prevent air quality in attainment areas from deteriorating to the level of the NAAQS. See
CAA § 160. PSD, therefore, establishes or requires EPA to establish maximum allowable increases, known
as “increments,” over existing concentrations of criteria pollutants and requires permit applicants subject to
PSD to demonstrate that a new source or modification’s emissions will not result in a violation of the
increments or the NAAQS. PSD also requires the installation of the Best Available Control Technology
(BACT), defined as “the maximum degree of reduction of each pollutant subject to regulation under this
chapter emitted from or which results from any major emitting facility, which the permitting authority, on a
case-by-case basis, taking into account energy, environmental, and economic impacts and other costs,
determines is achievable for such facility.” 42 U.S.C. 7479(3).
Part D of Title I establishes NSR requirements for major sources and modifications in nonattainment areas.
Under Subpart 1 of Part D, 42 U.S.C. 7501-7509a, a major source is defined as any source that emits or has
the potential to emit 100 tons per year or more of a pollutant for which an area has been designated
nonattainment. Subpart 2, 3, and 4 of Part D, 42 U.S.C. 7511-7511f, establishes lower major source
thresholds for certain ozone, carbon monoxide and PM10 nonattainment areas.
Permit applicants subject to Part D must demonstrate that a major source or modification will comply with
the lowest achievable emission rate (LAER) and that reductions in emissions from the same source or other
sources will offset any emissions increases from the source or modification.
In addition to requiring compliance with the specific major NSR requirements of Parts C and D, section
110(a)(2)(C), 7410(a)(2)(C), requires “regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that national ambient air quality
standards are achieved.” (Emphasis added.) EPA refers to 110(a)(2)(C) programs that apply to non-major
sources and to minor modifications to major sources as “minor NSR.” 76 Fed. Reg. 38748, 38752 (July 1,
2011).
EPA NSR Regulations

EPA has promulgated regulations establishing the elements a state program must contain to satisfy section
110(a)(2)(C) at 40 CFR 51, Subpart I (§§ 51.160-51.166) and federal implementation plans at 40 CFR 52 §
52.21 and 40 CFR 51, Appendix S.
Sections 51.165 and 51.166 establish the requirements for nonattainment NSR and PSD programs,
respectively. These rules are highly detailed and restrictive. States seeking approval of major NSR
programs must either strictly conform to these rules or demonstrate that any deviations are at least as
stringent as EPA’s program.
Both § 51.165 and 51.166 limit the applicability of major NSR to the construction of a new major source or
a “major modification” to a major source. A major modification is defined as a physical or operational
change that will result in both a significant increase and a significant net increase in the emissions of a
regulated NSR pollutant at an existing major source.
For criteria pollutants and their precursors, “significant” is defined as:
Carbon monoxide 100 tons per year (tpy)
Nitrogen oxides 40 tpy
Sulfur dioxide 40 tpy
Volatile organic compounds 40 tpy
Lead 0.6 tpy
PM10 15 tpy
PM2.5 10 tpy
As EPA has noted, the “Federal regulations for minor source programs [at 40 CFR 51.160-164] are
considerably less detailed than the requirements for major sources.” 71 Fed. Reg. 48696, 48700 (Aug. 21,
2006). Under the minor NSR regulations, a state program must contain “legally enforceable procedures” to
prevent the construction or modification of a minor source if it will “result in a violation of applicable
portions of the control strategy” for compliance with the NAAQS or “interfere with the attainment or
maintenance of a” NAAQS. 40 CFR 51.160.
A minor NSR program need not apply to all new and modified sources, but it must “identify types and sizes
of facilities, buildings, structures, or installations which will be subject to” minor NSR and “discuss the
basis for determining which facilities will be subject to review.” 40 CFR 51.161(e). As EPA has noted:
Applicability thresholds are proper in [a minor NSR program] provided that the sources and modifications
with emissions below the thresholds are inconsequential to attainment and maintenance of the NAAQS. 71
Fed. Reg. 48701.

The appropriate threshold levels for NSR applicability are often referred to as “de minimis” levels. The
program must allow a minimum 30-day period to comment on the applicant’s minor NSR application and
the agency’s proposed decision. 40 CFR 51.161.
Maricopa County’s NSR SIP and Current NSR Rules
Before the department’s creation in 2004, Maricopa County’s Bureau of Air Pollution Control was
responsible for administering Maricopa County’s air quality program and the Board of Supervisors adopted
its original major and minor NSR rules. Maricopa County implemented NSR through an installation permit
program, which required owners and operators to obtain an installation permit before beginning
construction of a new source or a modification to an existing source. See former Maricopa County Bureau
of Air Pollution Control Regulation Rule 21, which, along with other rules cited in this discussion, can be
found at EPA Region 9’s web site at: http://www2.epa.gov/aboutepa/epa-region-9-pacific-southwest. A
separate operating permit was required before the owner or operator was allowed to begin operation of the
source or modification. See former Rule 220 Permits to Operate.
In 1988, EPA approved the Maricopa County nonattainment NSR provisions into the SIP. 53 Fed. Reg.
30220 (Aug. 10, 1988). Effective November 22,1993, EPA delegated PSD authority to Maricopa County
via a PSD Delegation Agreement. 59 FR 1730 (January 12, 1994).
The SIP Gap
EPA last approved revisions to the Maricopa County NSR SIP in 1988. See 53 Fed. Reg. 30220 (Aug. 10,
1988). Since the amendments last approved by EPA were adopted, the county has re-organized forming the
Maricopa County Air Quality Department and has made substantial revisions to the program.
Most significantly, in 1992 through 1993, the Arizona State adopted legislation, followed by conforming
rule amendments, to move from the old installation and operating permit program to a “unitary” program
that authorizes both construction and operation in a single permit. NSR requirements for new sources are
now enforced as part of the issuance of a single permit that also ensures compliance with all other
applicable requirements of state and federal air quality laws. For major sources, these permits are designed
to comply with title V of the Act, as well as Parts C and D of title I. Major modifications subject to major
NSR now require a significant revision to the permit for an existing source, rather than a new installation
permit. Other modifications that formerly required an installation permit may now proceed under either a
significant or minor permit revision.
In addition to adopting the unitary permit program, Maricopa County also has updated its NSR rules to
incorporate:
- the PM10 and PM2.5 NAAQS,

- the PM10 increments,
- the nitrogen dioxide increments,
- the 1997 eight-hour ozone NAAQS,
- the “WEPCO” rule redefining the method for determining whether a modification to an electric
generating unit is major, and
- various technical amendments.
None of these changes are included in the approved NSR SIP for Maricopa County.
Under federal law, Maricopa County remains obligated to continue enforcing the old NSR program until
EPA approves the new one. Fortunately, the new program is in most cases more stringent than the old, so
that compliance with current rules is largely sufficient to assure compliance with the approved NSR SIP.
There are a few instances, however, in which the old rules require review procedures that go beyond the
current program. Maricopa County has had to issue guidance explaining that in these cases the department
will apply the approved SIP, rather than the current rules.
It would obviously be preferable for the requirements of the SIP and the current rules to match. Maricopa
County is, therefore, seeking through these proposed rule amendments to eliminate the SIP gap for the
permit program.
EPA Amendments to Major NSR
Maricopa County has attempted to secure EPA approval of prior versions of its NSR rules, but so far
without success. Since Maricopa County last updated its NSR rules, EPA has adopted substantial revisions
to the major NSR program, making additional amendments necessary before approval by EPA can be
secured.
Most significantly, on December 31, 2002, EPA promulgated comprehensive amendments, known as “NSR
reform,” to the regulatory methods for determining whether a major modification has occurred. 67 Fed.
Reg. 80186. On June 24, 2005, the United States Court of Appeals for the D.C. Circuit vacated some of the
rule changes, including exemptions for modifications to certain “clean units” and modifications that qualify
as “pollution control projects.” New York v. EPA, 413 F.3d 3 (D.C. Cir 2005). The remaining rules, which
remain in effect, consist of changes to the method for calculating the emissions increase from a
modification to an existing emissions unit and provisions for “Plantwide Applicability Limits” (PALs).
The determination of whether a modification to an existing unit will result in a significant emissions
increase entails a comparison between “baseline” (i.e. existing) emissions and future emissions after the
modification is complete. (The installation of a new unit is generally deemed to result in an increase equal
to the unit’s potential to emit.) NSR reform established a new method for determining baseline emissions
and a new option for determining future emissions for modifications to existing units.

Under pre-NSR Reform rules, baseline emissions were generally calculated using the actual emissions for
the two-year period immediately preceding the proposed change. 67 Fed. Reg. 80188. As EPA has noted,
regulated industries complained that this method provided only “limited ability to consider the operational
fluctuations associated with normal business cycles.” 67 Fed. Reg. 80191. The NSR Reform amendments
therefore allow the use of any consecutive 24-month period during the ten-year period prior to the change
to establish baseline actual emissions. (A five- year period is used for EGUs.)
Before NSR Reform, an existing unit’s future, post-modification emissions were normally deemed to equal
the unit’s potential to emit (PTE). The definition of PTE assumes that a unit “will operate at its full
capacity year round,” unless the source’s permit includes “enforceable restrictions on the unit’s operation.”
This was problematic, because “using PTE as a measure of post-change emissions automatically attributes
all possible emissions increases to the change.” In many cases, however, the unit might “function
essentially as it did before the change” and produce no increase or a less-than-significant increase in actual
emissions. 67 Fed. Reg. 80193-94.
After NSR Reform, a source’s owner or operator may now elect to use an existing unit’s “projected actual
emissions,” rather than its PTE, to determine future emissions. Unlike PTE, a unit’s projected actual
emissions take into account historical operational data and exclude emissions that could have been
accommodated before the modification.
According to EPA, this new test for calculating the emissions increase from a modification to an existing
unit, known as the “actual-to-projected-actual” test, will produce benefits for regulated industries, the
environment and state and local agencies:
By allowing you [i.e., regulated entities] to use today’s new version of the actual-to-projected-actual
applicability test to evaluate modified existing emissions units, we expect that fewer projects will trigger
the major NSR permitting requirements. Nonetheless, we believe that the environment will not be
adversely affected by these changes and in some respects will benefit from these changes. The new test will
remove disincentives that discourage sources from making the types of changes that improve operating
efficiency, implement pollution prevention projects, and result in other environmentally beneficial changes.
Moreover, the end result is that State and local reviewing authorities can appropriately focus their limited
resources on those activities that could cause real and significant increases in pollution. 67 Fed. Reg.
80192.
The NSR Reform rule also provides that if there is a “reasonable possibility” that modifications to existing
emissions units will produce a significant emissions increase of a regulated NSR pollutant, and the owner
or operator elects to use the actual-to-projected-actual test, the modifications will be subject to monitoring,
recordkeeping and reporting obligations.

The initial NSR Reform rule did not define “reasonable possibility.” The court in New York v. EPA held
that without a definition or other clarification, the rule failed to provide regulated entities or agencies
adequate notice of when these obligations are triggered. In response, EPA issued amendments to its major
NSR rules defining the term. 72 Fed. Reg. 72607 (Dec. 12, 2007). Although EPA subsequently granted a
petition to reconsider the definition, it did not stay the provision, which therefore remains in effect.
The other major element of NSR Reform is the PAL, which allows major sources to avoid major NSR by
accepting and complying with a source-wide cap on emissions. PALs are set for each regulated NSR
pollutant at a level equal to baseline actual emissions plus the significant level for the pollutant. Baseline
actual emissions are calculated in the same way as described above for calculating emission increases from
modifications to existing emission units. A source may generally make any changes it wants without
triggering major NSR, so long as plantwide emissions after the change remain below the PAL. PALs last
for ten years and are renewable.
EPA believes that regulated entities “will benefit from the PAL option because [they] will have increased
operational flexibility and regulatory certainty, a simpler NSR applicability approach, and fewer
administrative burdens.” 67 Fed. Reg. 80206. Based on a review of six flexible permit pilot projects, EPA
concluded that the environment would also benefit. According to the agency, “PALs will over time tend to
shift growth in emissions to cleaner units, because the growth will have to be accommodated under the
PAL cap.” 67 Fed. Reg. 80207.
Since the last Maricopa County update, EPA also has made numerous revisions to the NAAQS. The
NAAQS are not technically part of EPA’s NSR regulations, but in order to be approvable, a state NSR
program must allow for enforcement of the current version of these standards. See, e.g., 40 CFR
51.166(k)(1). Maricopa County must also update Rule 510 to reflect the revised NAAQS.
Finally, EPA has made numerous other revisions that must be included in the Maricopa County program,
such as the adoption of PM2.5 increments and significant impact levels and significant monitoring
concentrations for PM2.5.
Discussion About This Rulemaking
Consistent with the Maricopa County obligation under A.R.S. § 49-480(B), the department is proposing to
adopt NSR amendments that are substantially identical to the ADEQ and EPA NSR programs for major
sources and amendments that generally impose no greater procedural burden than ADEQ’s procedures for
minor sources. However, due to long-standing nonattainment area federal requirements, Maricopa County’s
permitting thresholds are lower than ADEQ’s permitting thresholds. Under A.R.S. § 49-479(C), a county
may not adopt a rule or ordinance that is more stringent than the rules adopted by ADEQ for similar
sources unless it demonstrates compliance with the applicable requirements of A.R.S. §49-112. Under §

49-112(A), the county may adopt a rule that is more stringent than or in addition to a provision of A.R.S.
Title 49 or an ADEQ rule under specific conditions including peculiar local conditions, necessary to
prevent a significant threat to public health or environment, or required under a federal statute or
regulation. A further discussion of compliance with A.R.S. §49-112 can be found in Item 7 of this Notice
of Final Rulemaking.
Revisions to Maricopa County Major NSR Program
EPA’s major NSR regulations are quite detailed and restrictive. They establish a specific body of
“corresponding federal law that addresses the same subject matter” as the major NSR amendments. The
amendments included in the ADEQ-NSR rulemaking consisted of those required under HB 26171 and
ensured that the major NSR program amendments were consistent with and no more stringent than the
corresponding EPA regulations. Consistent with that obligation, Maricopa County is proposing to adopt
major NSR amendments that incorporate by reference most of the federal rules. Incorporation by reference
will result in rules substantially identical to the ADEQ rulemaking described above. Specifically, these
proposed provisions will eliminate a provision from the existing definition of major source because it was
more stringent than the corresponding federal definition. In addition, the incorporation by reference of the
federal definitions would be substantially identical to the sense, meaning, and effect of ADEQ’s definitions
as required by A.R.S. § 49-471.08(B).
In addition, Maricopa County nonattainment area plans do not rely upon the major source NSR program as
a control measure to achieve emission reductions and reach attainment as expeditiously as practicable and
thus a change in the NSR program will not interfere with any applicable requirement concerning attainment
and reasonable further progress. See EPA’s approval of the Maintenance Plan and Redesignation Requests
for the 8-hour carbon monoxide standard (70 FR 11553, March 9, 2005),1-hour ozone standard (70 FR
34362, June 14, 2005) and 1997 8-hour ozone standard (79 FR 55645, September 17, 2014). Further, major
or minor sources that propose to become major remain subject to the “source obligation” provisions of 40
C.F.R. § 52.21(r)(4) proposed to be incorporated by reference Rule 240, Section 305.1 and proposed Rule
240, Section 304.7.
Maricopa County Minor NSR Requirements
The proposed rule amendments relating to minor NSR included in this rulemaking are designed to address
a lack of explicit procedures designed “to assure that national ambient air quality standards are achieved,”
1 HB 2617 which became law on July 29, 2010, required that ADEQ as set forth in A.R.S. § 49-104(A):
17. Unless specifically authorized by the legislature, [the department shall] ensure that state laws, rules, standards,
permits, variances and orders are adopted and construed to be consistent with and no more stringent than the
corresponding federal law that addresses the same subject matter. This provision shall not be construed to adversely
affect standards adopted by an Indian tribe under federal law.
Laws 2010, Ch. 309, § 14.

as required by CAA § 110(a)(2)(C). Maricopa County’s current minor source permitting rules require the
inclusion of “[e]nforceable emission limitations and standards, including operational requirements and
limitations that ensure compliance with all applicable requirements.” Rule 220, Section 302.2. They
therefore satisfy the requirement in EPA’s minor NSR rules to assure that minor sources do not violate
“applicable portions of the control strategy.” The proposed rule amendments specifically include
requirements to conduct an ambient air quality assessment if the Control Officer determines the source may
interfere with attainment or maintenance of the NAAQS and for the Control Officer to deny the permit if
the assessment demonstrates that the source will interfere with attainment and maintenance of the NAAQS.
Another proposed rule amendment adds procedures related to stack heights, including good engineering
practice (GEP) stack height provisions as required by 40 CFR 51.164 in Rule 200. The department does
not believe that many, if any, minor sources will trigger the stack height requirements.
Maricopa County's permit rules for minor NSR impose no greater procedural burden than procedures for
the review, issuance, revision and administration of permits issued by the State. However, Maricopa
County's rules and procedures contain requirements specific to nonattainment area status, increment
consumption analysis and impacts on nearby nonattainment areas. These requirements result in permit
conditions that address the source's proximity to the PM10 and ozone nonattainment areas, specific
atmospheric and geographical conditions found at the source's location, control technology provisions
required by the CAA for nonattainment areas, and other control measures adopted into various
nonattainment SIPs for Maricopa County. Specifically, various SIPs for Maricopa County have required the
adoption of reasonably available control technology (RACT), best available control technology (BACT),
and most stringent measures (MSM) as required by CAA §§ 172, 182, 188, and 189.
As a result of long-standing nonattainment classifications for ozone and particulates, Maricopa County has
existing permitting thresholds that are lower than ADEQ’s in order to address the emissions sources
specific to the county that contribute to nonattainment and are subject to the county’s numerous source-
specific emission control rules. Based on an analysis of 2011 Periodic Emission Inventories, the department
estimates the contribution from permitted area sources as a percentage of total emissions has been reduced
to 2.7% for PM10, 10% for VOC, 4.6% for NOx and 0.5% for CO. In this action, the county proposes to
retain the current permitting threshold of total uncontrolled emissions of less than three pounds VOC or
PM10 per day and less than 5.5 pounds of any other regulated air pollutant per day but convert all thresholds
from pounds per day to tons per year. The permitting thresholds are proposed to be:
Pollutant Maximum Capacity To Emit
Emission Rate 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
Given the lower permitting thresholds and the number of source-specific emission control rules in place to
address county nonattainment areas, Maricopa County also proposes to define permitting thresholds that
would trigger minor NSR modifications as follows:
Pollutant Maximum Capacity To Emit
Emission Rate
In Tons Per Year (TPY)
PM2.5 (primary emissions only; levels for precursors are set below) 5.0
PM10 5.0
SO2 5.0
NOx 5.0
VOC 5.0
CO 5.0
Pb 0.3
The county also has different existing public review procedures than ADEQ due to these circumstances.
The county procedures were adopted in March 2000 following a Stakeholder process with input from both
regulated sources and non-governmental organizations. The county procedures require the following:
- Posting the receipt of all applications on the department’s website once a week as they are received,
- Allowing the public to request a public hearing on any application posted to the website at any time
after the initial post,
- Providing a formal 30-day public notice published in the newspaper and posted online for larger, more
environmentally significant sources, and
- Once a month, publishing in a newspaper and posting online a list of permits issued that month.
In this rulemaking, the department also proposes to convert the public participation thresholds to the
following tons per year bases from the current triggers that rely on Rule 280 fee tables:

Pollutant Public Notice Threshold Public Notice Threshold
TPY TPY
(New Or Permit (PTE To PTE Emission
Renewals PTE) Increase)
VOC 25 25
NOx 25 25
SO2 25 25
PM10 7.5 7.5
PM2.5 (primary emissions 5.0 5.0
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
The public notice thresholds are approximately equivalent to the existing source type specific thresholds
and are less than half of the major sources thresholds except for carbon monoxide. Based on the current
profile of permits, the department estimates approximately 73.1% of area source individual and general
permits will undergo public notice. The remaining small area sources that will not be subject to public
notice are less environmentally significant and account for less than 2% of the total emissions inventory for
each pollutant.
Proposed Amendments to Match Rule Language Found In ADEQ’s NSR Rules
The department is proposing amendments in the following rules to match rule language found in ADEQ’s
NSR rules: Rule 210 (Title V Permit Provisions), Rule 220 (Non-Title V Permit Provisions), Rule 241
(proposed new title: Minor New Source Review (NSR)), Rule 500 (Attainment Area Classification) and
Rule 510 (Air Quality Standards).
The following sections in Rule 210 are proposed to be revised:
- Section 200 (Definitions-Introductory Statement): To clarify the applicability of definitions specific to
Rule 210 and to Rule 100 (General Provisions And Definitions).
- Section 301.2 (Standard Application Procesisng Procedures): To delete text re: a timely application for
the initial Phase II acid rain requirement in response to Stakeholder and EPA concerns.
- Sections 301.8(b)(3) and (5) (Action on Application): To add timeframe for EPA (the Administrator)
to act on a permit application that is required to be submitted to the EPA (the Administrator) in
response to Stakeholder and EPA concerns.

- Sections 301.8(f) and (h) (Action on Application): To delete text re: the acid rain program in response
to Stakeholder and EPA concerns. To delete text re: the publishing of a proposed permit decision
within nine months of receipt of a complete application in response to Stakeholder and EPA concerns.
- Section 301.9 (Requirement for a Permit): To add text re: the source’s obligation to obtain a permit
revision before making a modification to the source in response to Stakeholder and EPA concerns.
- Section 403.1 (Source Changes Allowed Without Permit Revisions): To add additional gatekeeper for
changes eligible for minor permit revision.
- Section 403.8 (Source Changes Allowed Without Permit Revisions): To delete text re: the Control
Officer requiring a permit to be revised (outdated provision); is addressed in Section 405.8.
- Section 406.6 (Significant Permit Revisions): To delete text re: the Control Officer processing the
majority of significant permit revision applications within nine months of receipt (outdated provision).
- Sections 408.2 and 408.7 (Public Participation): To add text re: the Control Officer providing public
notice of receipt of complete applications for major modifications to major sources. To add text re: the
Control Officer providing at least 30 days from the date of the first notice for public comment to
receive comments and requests for a hearing. To add text re: the Control Officer making available
responses at the time a final proposed permit is submitted to the EPA.
The following sections in Rule 220 are proposed to be revised:
- Sections 301.3(a) and (b) (A Timely Permit Application): To clarify what a timely permit application
is for a source that becomes subject to the permit program as a result of a change in the regulation in
response to Stakeholder and EPA concerns.
- Section 301.6(b)(4) (Action on Application): To add timeframe for EPA (the Administrator) to act on a
permit application that is required to be submitted to the EPA (the Administrator) in response to
Stakeholder and EPA concerns.
- Section 301.7 (Permit Application Processing Procedures): To add text re: the source’s obligation to
obtain a permit revision before making a modification to the source in response to Stakeholder and
EPA concerns.
- Sections 407.1, 407.2, and 407.3 (Public Participation): To clarify when the Control Officer must
provide public notice and an opportunity for public comment and what permit applications must be
published on the Internet and what permit applications must be published in a newspaper.
- Section 407.7 (Public Participation): The department already satisfies this requirement of providing
notice for changes requiring non-minor permit revisions to make a change in fuel, to make a change
that relaxes monitoring, and to make a change that will require case-by-case determinations for a
monitoring requirement by publishing a notice in the newspaper and on the department’s website.
The following sections in Rule 241 are proposed to be revised:
- Section 304 (BACT Required): To delete lbs/day threshold limits
- Section 305 (RACT Required): To delete lbs/day threshold limits

The following section in Rule 500 is proposed to be revised:
- Rule 500 is proposed to be repealed, because the information in the rule is being incorporated by
reference in Rule 240.
The following sections in Rule 510 are proposed to be revised:
- Section 200 (Definitions-Introductory Statement): To clarify the applicability of definitions specific to
Rule 510 and to Rule 100 (General Provisions And Definitions).
- Section 301 (Standards-Particulate Matter-2.5 Microns or Less (PM2.5)): To update particulate matter
ambient air quality standards to reflect latest ADEQ and EPA revisions.
- Section 302 (Standards-Particulate Matter-10 Microns or Less (PM10)): To update particulate matter
ambient air quality standards to reflect latest ADEQ and EPA revisions. To delete annual PM10
standard to reflect latest ADEQ revisions, which were made as required by House Bill 2617.
- Sections 303.1(c) and (d) (Sulfur Oxides (Sulfur Dioxide)): To update sulfur dioxide ambient air
quality standards to reflect latest ADEQ and EPA revisions.
- Section 304 (Ozone): To update ozone ambient air quality standards to reflect latest ADEQ and EPA
revisions.
- Section 306 (Nitrogen Oxides (Nitrogen Dioxide)): To update nitrogen dioxide ambient air quality
standards to reflect latest ADEQ and EPA revisions.
- Section 307 (Lead): To update lead ambient air quality standards to reflect latest ADEQ and EPA
revisions.
- Section 308 (Pollutant Concentration Determinations): To update pollutant concentration measurement
methods.
Major NSR:
The department is proposing to incorporate portions of the federal nonattainment NSR rule requirements
into Maricopa County Air Pollution Control Regulations Rule 240 by incorporating the federal
requirements by reference. The proposed amendments to the department’s major NSR program include:
- The determination of whether a modification to an existing unit will result in a significant emissions
increase, which entails a comparison between “baseline”, i.e., existing, emissions and future emissions
after the modification is complete.
- The allowance of the use of any consecutive 24-month period during the ten-year period prior to the
change to establish baseline actual emissions (a five-year period for electric generating units).
- The allowance to use an existing unit’s “projected actual emissions,” rather than its potential to emit
(PTE), to determine future emissions. Unlike PTE, a unit’s projected actual emissions take into
account historical operational data and exclude emissions that could have been accommodated before
the modification. This new test for calculating the emissions increase from a modification to an

existing unit, known as the “actual-to-projected” test, will produce benefits for regulated industries, the
environment and state and local agencies. If there is a “reasonable possibility” that modifications to
existing emissions units will produce a significant emissions increase of a regulated NSR pollutant and
the owner or operator elects to use the actual-to-projected-actual test, the modifications will be subject
to monitoring, recordkeeping and reporting obligations.
- Plantwide applicability limitations (PALs). PALs allow major sources to avoid major NSR by
accepting and complying with a source-wide cap on emissions. PALs are set for each regulated NSR
pollutant at a level equal to baseline actual emissions plus the significant level for the pollutant. A
source may generally make any change it wants without triggering major NSR, so long as plantwide
emissions after the change remain below the PAL. PALs last for ten years and are renewable.
- The allowance of limited interpollutant emission offsets for precursor pollutants on a case by case
basis, except for PM10 and PM2.5. Any interpollutant emission offsets used at a major stationary source
must receive written approval by EPA. As EPA has approved a demonstration that PM10 precursors do
not contribute significantly to PM10 violations in Maricopa County (67 FR 48734, July 25, 2002),
interpollutant offsets are not allowed between PM10 and PM10 precursors. In addition, 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.
Minor NSR:
The department is proposing amendments in the following rules to address Minor NSR: Rule 200 (Permit
Requirements), Rule 220 (Non-Title V Permit Provisions), Rule 230 (General Permits), Rule 241 (proposed
new title: Minor New Source Review (NSR)), Appendix D (List Of Insignificant Activities), and Appendix
E (List Of Trivial Activities). The amendments include the following:
- Retention of existing permitting exemption thresholds but conversion of default emission-based
provision from lbs/day to an annual quantity.
- Use the emission-based thresholds for minor NSR modification threshold.
 Current permitting thresholds are proposed to be retained. Current permitting thresholds are for any
regulated air pollutant: CO, NOx, SOx (measured as SO2), ozone, VOC, particulates, air contaminant
subject to New Source Performance Standard (NSPS)), and HAPs. Current permitting thresholds are:
VOC-0.5 tons per year (tpy); CO-1.0 tpy; NO2 or NOx-1.0 tpy; SO2-1.0 tpy; lead (Pb)-0.3tpy; PM10-
0.5 tpy.
 Definitions are proposed to be added to Rule 100. “Minor NSR modification” is a new term and is
similar to ADEQ’s definition of “permitting exemption threshold”. “Permitting threshold” is a new
term but includes the current permitting thresholds. “Public notice threshold” is a new term;
thresholds are lower than significance levels. “Regulated minor NSR pollutant” and “Regulated NSR
pollutant” are new terms and are similar to ADEQ’s terms/definitions.

- Retention of Best Available Control Technology (BACT) and Reasonably Available Control
Technology (RACT) control technology requirements in Rule 241.
- Requirement of an air quality impact assessment if there is reason to believe emissions resulting from a
new or modified source undergoing Minor NSR might cause or contribute to an exceedance of the
NAAQS.
- Retention of the current alternative forms of public participation for smaller minor sources and small
modifications that will not require formal publication of a notice in a newspaper.
The amendments proposed by this rulemaking update the department’s New Source Review (NSR) rules,
clarify requirements, and provide compliance with the Federal NSR program Section 110(a) (2) (C) of the
federal Clean Air Act (CAA).
7. Demonstration of compliance with A.R.S. §49-112:
Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than the rules
adopted by the Director of the Arizona Department of Environmental Quality (ADEQ) for similar sources
unless it demonstrates compliance with the applicable requirements of A.R.S. §49-112.
§ 49-112 County regulation; standards
§ 49-112(A)
When authorized by law, a county may adopt a rule, ordinance or other regulation that is more stringent
than or in addition to a provision of this title or rule adopted by the director or any board or commission
authorized to adopt rules pursuant to this title if all of the following conditions are met:
1. The rule, ordinance or other regulation is necessary to address a peculiar local condition.
2. There is credible evidence that the rule, ordinance or other regulation is either;
(a) Necessary to prevent a significant threat to public health or the environment that results from a
peculiar local condition and is technically and economically feasible.
(b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental
agreement with the federal government to enforce federal statutes or regulations if the county rule,
ordinance or other regulation is equivalent to federal statutes or regulation.
3. Any fee or tax adopted under the rule, ordinance or other regulation will not exceed the reasonable
costs of the county to issue and administer that permit or plan approval program.
§ 49-112(B)
When authorized by law, a county may adopt rules, ordinances or other regulations in lieu of a state
program that are as stringent as a provision of this title or rule adopted by the director or any board or

commission authorized to adopt rules pursuant to this title if the county demonstrates that the cost of
obtaining permits or other approvals from the county will approximately equal or be less than the fee or
cost of obtaining similar permits or approvals under this title or any rule adopted pursuant to this title. If the
state has not adopted a fee or tax for similar permits or approvals, the county may adopt a fee when
authorized by law in the rule, ordinance or other regulation that does not exceed the reasonable costs of the
county to issue and administer that permit or plan approval program.
Maricopa County fails to meet the National Ambient Air Quality Standards for both ozone and particulates.
While currently classified as a “marginal” ozone nonattainment area, the county recently failed to meet
2008 8-hour ozone standard by the marginal area attainment date and anticipates EPA will issue a notice
proposing to re-classify the area to “moderate”. Further, a portion of the county was classified as a serious
ozone nonattainment area under the previous 1-hour ozone standard requiring the county to continue to
maintain the measures and requirements that allowed the county to attain that standard. Currently, a
portion of Maricopa County and Apache Junction in Pinal County is designated serious nonattainment for
the PM10 24-hour standard. This is the only serious PM10 nonattainment area in Arizona. Maricopa
County's permit rules for these programs are substantially identical to or impose no greater procedural
burden than procedures for the review, issuance, revision and administration of permits issued by the State.
However, Maricopa County's rules and procedures contain requirements specific to nonattainment area
status, increment consumption analysis and impacts on nearby nonattainment areas. These requirements
result in permit conditions that address the source's proximity to the PM10 and ozone nonattainment areas
and specific atmospheric, geographical conditions found at the source's location, and control technology
provisions required by the CAA for nonattainment areas, and other control measures adopted into various
nonattainment SIPs for Maricopa County. Specifically, various SIPs for Maricopa County have required the
adoption of reasonably available control technology (RACT), best available control technology (BACT),
and most stringent measures (MSM) as required by CAA §§ 172, 182, 188, and 189.
The department complies with A.R.S. § 49-112 in that the proposed amendments to 1) the department’s
major source NSR rules are not more stringent than or in addition to a provision of Title 49 or rule adopted
by the director or any board or commission authorized to adopt rules pursuant to Title 49, 2) the
department’s minor source rules address the peculiar local conditions in Maricopa County and address
long-standing federal requirements for nonattainments areas, and 3) the proposed amendments to the
department’s NSR rules are authorized under A.R.S. Title 49, Chapter 3, Article 3 and consequently are not
in lieu of a state program.
8. Reference to any study relevant to the rule that the department reviewed and either proposes to rely
on in its evaluation of or justification for the rule, where the public may obtain or review each study,
all data underlying each study, and any analysis of each study and other supporting material:
Not applicable

9. Showing of good cause why the rule is necessary to promote a statewide interest if the rule will
diminish a previous grant of authority of a political subdivision:
Not applicable
10. Summary of the economic, small business, and consumer impact:
The following discussion addresses each of the elements required for an economic, small business and
consumer impact statement (ESBCIS) as required by A.R.S. § 49-471.05 and prescribed in A.R.S. § 41-
1055, subsections A, B and C.
An identification of the rulemaking.
The rulemaking addressed by this ESBCIS is the adoption of amendments designed to bring the
department’s New Source Review (NSR) rules into conformance with federal requirements for minor NSR
and incorporate recent changes to EPA’s major NSR regulations. In particular, this ESBCIS covers
amendments to the following existing rules and appendices: Rules 100, 200, 210, 220, 230, 240, 241, 500,
510, 600, and Appendix D, E, and G. These rule changes are described in detail in Item 5 of this Notice of
Supplemental Proposed Rulemaking.
Two specific elements of the NSR amendments are addressed in the ESBCIS:
1. New and amended ambient standards that EPA has adopted since the department last amended Rule
510 and that may need to be addressed in New Source Review (NSR) and Prevention of Significant
(PSD) applications and permitting decisions. Specifically: the more stringent annual and 24-hour
National Ambient Air Quality Standards (NAAQS) for PM2.5, PM2.5 increments, the more stringent
eight-hour NAAQS for ozone, the new one-hour NAAQS for sulfur dioxide and nitrogen dioxide.
These changes may result in increased compliance costs for sources and minor increased
administrative costs for the department.
2. NSR reform amendments. These changes will reduce compliance costs and will have a mixed effect on
the department’s administrative costs.
The remaining changes to major NSR are technical in nature and should have little, if any, economic
impact on the agency, businesses or consumers.
An identification of the persons who will be directly affected by, bear the costs of or directly benefit
from the rulemaking.
In general terms, the persons who will be directly affected by and bear the costs of the proposed rulemaking
will be businesses that construct or modify stationary sources that are subject to major or minor NSR. The

emissions thresholds for sources and modifications subject to major and minor NSR are described in detail
in Item 5 of this Notice of Supplemental Proposed Rulemaking.
The types of business operations subject to the department’s major NSR program typically include natural
gas-fueled power plants, petroleum products terminals, landfills, metal processing, and manufacturers of
reinforced plastics, expandable foam, wood furniture, steel products, and aircraft engine and parts. Major
sources tend to be large facilities operated by publicly owned corporations and employing hundreds or
thousands of employees.
As discussed in Item 5 of this Notice of Supplemental Proposed Rulemaking, major sources are potentially
subject to minor as well as major NSR. Minor NSR may also apply to smaller business operations or
operations that, although substantial in scale, tend to have emissions below the major source thresholds.
These include rock quarrying and crushing operations, concrete batch plants, asphalt plants, semiconductor
manufacturers, chemical manufacturers, crematories, dry cleaners, landfills, wood product manufacturers,
commercial printers and publicly owned waste water treatment facilities.
The above list is not exhaustive. Any business that engages in pollutant emitting activities is potentially
subject to NSR. Typical pollutant-emitting activities include fuel combustion to produce energy or as part
of a process, the use of solvents, the application of surface coatings (such as paints and varnishes), the
storage of fuels and other organic liquids and the handling of materials likely to give rise to airborne dust.
Tailpipe emissions from mobile sources are not considered in determining NSR applicability.
A cost benefit analysis of the following:
(a) The probable costs and benefits to the implementing agency and other agencies directly affected by the
implementation and enforcement of the rulemaking.
As required by A.R.S. § 49-480(D), the hourly rate for billable permit actions under Rule 280 (Fees)
Sections 301.1 and 302.1 has been set to reflect the department’s cost of processing permit applications (14
A.A.R. 1767, May 9, 2008). Therefore, in assessing the costs to the department of conducting the
permitting and administrative activities required by this rule, the department has assumed that the cost per
additional hour of employee time is equal to the current hourly rate of $150.00.
Major NSR
The department’s costs of implementing the additional major NSR requirements will likely be minimal. In
fact implementation of NSR reform may result in a net cost savings for the department.
One element of the major NSR amendments that will increase the department’s costs of administering the
air quality permit program is the incorporation of the new ambient standards: the PM2.5 NAAQS and PM2.5

increments, the one-hour sulfur dioxide NAAQS and the one-hour nitrogen dioxide NAAQS. The air
quality impact analysis for major NSR permit applications addressing these pollutants will be somewhat
longer and more complex than under current rules and will therefore require additional review time by the
department’s permit engineers. The ozone and lead NAAQS amendments, on the other hand, constitute an
increase in the stringency of existing standards and should not result in any modeling or review time
beyond that already required. The department has received and processed three major NSR applications in
the past eight years. Most major NSR permit applications will require an air quality analysis for the new
ambient standards. The department’s Permit Engineering Division estimates that the additional review time
will range from five to ten hours. The total annual cost to the agency per year for the additional major NSR
requirements will therefore range from $750.00 to $1,500.00 ($150.00 X 5 hours; $150.00 × 10 hours).
Under Rule 280 (Fees), Section 301.1, the permit applicant will ultimately be required to reimburse the
department for this cost as part of its permit fee.
The impact of NSR reform on the department’s air quality permitting costs is difficult to gauge. NSR
reform includes elements that could either increase or reduce the costs of administering the major NSR
program. The department believes that on balance, the cost savings of NSR reform will outweigh whatever
additional costs will be imposed. This is consistent with EPA’s conclusion that NSR reform would allow
state permitting authorities to “focus their limited resources on those activities that could cause real and
significant increases in pollution.” 67 Fed. Reg. 80186, 80192 (2002).
Minor NSR
The department’s Minor NSR as proposed would apply to all new sources with the potential to emit any
regulated minor NSR pollutant in an amount equal to or greater than the permitting threshold defined in
Rule 100 and not subject to major source requirements under Rule 240 and any existing permitted source
that increases its potential to emit any regulated minor NSR pollutant in an amount equal to or greater than
the minor NSR modification threshold (defined in Rule 100).
As discussed in Item #6 of this Draft Notice of Final Rulemaking, the proposed amendments to change
from daily to annual permitting threshold limits will enable less burdensome and streamlined record
keeping requirements. The change to annual threshold limits from per day limits reduces the record keeping
burden, particularly for small sources, who would be more likely than larger sources to have emissions that
fall near the thresholds limits and would be required to maintain documentation of emissions levels.
Based on experience in administering the existing permit program, the department’s Permit Engineering
Division estimates that it will process approximately 100 applications for permits or permit revisions
subject to minor NSR per year. The Permit Engineering Division also estimates that on average the
additional time for processing the minor NSR components (applicability and air quality impact analyses) of
a permit or permit revision application will be 2 hours per application for SCREEN modeling for ambient

air quality assessment and 5 hours per application for reviewing refined modeling performed by the source.
The Permit Engineering Division further estimates that the department will perform SCREEN modeling for
the air quality impact assessment on approximately 95% of the permit applications and will review the
refined modeling performed by the source on approximately 5% of the permit applications. Therefore, the
department estimates the additional annual cost to the department for the minor NSR components of a
permit or permit revision will be approximately $33,750.00 (95 applications × 2 hours × $150.00 per hour
= $28,500.00) + (5 applications × 7 hours × $150.00 per hour = $5,250.00).
Additional Cost to the Department for NSR Amendments:
The estimated additional annual cost to the department for the NSR amendments is approximately
$35,000.00:
$750.00 to $1,500.00 for additional major NSR costs + $33,750.00 for minor NSR costs = $34,500.00 to
$35,250.00
Under Rule 280 (Fees), Sections 301.1 and 302.1, the permit applicant will ultimately be required to
reimburse the department for this cost as part of its permit fee.
Other Agencies
Eighty-seven sources operated by state agencies require permits under the current program. They represent
approximately 2% of all department-permitted sources. All of these state-operated sources will bear the
same costs of compliance described in section (c) below for privately owned businesses.
(b) The probable costs and benefits to a political subdivision of this state directly affected by the
implementation and enforcement of the rulemaking
Four-hundred forty sources operated by political subdivisions require permits under the current
program. They represent approximately 10% of all department-permitted sources. All of these sources
will bear the same costs of compliance described in section (c) below for privately owned businesses.
(c) The probable costs and benefits to businesses directly affected by the rulemaking, including any
anticipated effect on the revenues or payroll expenditures of employers who are subject to the
rulemaking.
Major NSR
As discussed in Item #6 of this Draft Notice of Final Rulemaking, the amendments to the department’s
major NSR rules are the minimum necessary to comply with federal requirements for the program. Even if
the department failed to adopt these amendments, they would ultimately apply to major sources in

Maricopa County either through the adoption of a federal implementation plan (FIP) by EPA under section
110(c) of the Clean Air Act (in the case of PSD) or the application of 40 CFR 51, Appendix S (in the case
of nonattainment NSR). At best, a decision by the department not to adopt the major NSR amendments
would result in a temporary delay in their application to sources in Maricopa County, Arizona. A
discussion of the additional costs and benefits of the amended requirements at the county-level nevertheless
follows.
The new and amended ambient standards incorporated by this rule may result in the imposition of three
types of additional costs on applicants for major NSR permits.
First, a new major source or major modification with significant emissions of any of the pollutants subject
to a new ambient standard (the PM2.5 increments and PM2.5 NAAQS or the one-hour sulfur dioxide or
nitrogen dioxide NAAQS) will be required to conduct additional modeling to demonstrate compliance with
these standards. The department estimates that one additional model run for each major NSR applications
will be required. The Arizona Department of Environmental Quality (ADEQ) estimated in their NSR
Notice of Final Rulemaking (18 A.A.R. 1542, July 6, 2012) based on information received from an
environmental consultant, that the cost of adding one model run to a refined model would be approximately
$8,000.00.
Second, applicants will be responsible for paying permit fees equal to the additional permit processing
costs noted above due to the major NSR amendments. As noted above, the estimated additional processing
costs for major NSR will range from $750.00 to $1,500.00.
Third, when modeling demonstrates an ambient impact resulting in non-compliance with an ambient
standard (NAAQS or increments), mitigation beyond the level of control technology already required by
major NSR is necessary. The cost of mitigation can be substantial but is highly dependent on the nature of
the particular project and cannot be reliably estimated for purposes of the ESBCIS. Moreover, because
major NSR automatically requires a very stringent level of control (BACT or LAER), mitigation is rarely
necessary. Mitigation necessary to address non-compliance with any of the new standards imposed in the
major NSR amendments will be an even rarer occurrence. Thus, the major NSR amendments are unlikely
to result in additional mitigation costs.
The total estimated annual costs to sources subject to major NSR as a result of the rule amendments will
range from $8,750.00 to $9,500.00 ($8,000.00 + $750.00 to $1,500.00) plus the costs of mitigation, in the
unlikely event it is required.
NSR reform, on the other hand, is likely to generate substantial savings for existing major sources that are
potentially subject to major NSR. The revised method for determining baseline emissions and the actual-to-
projected-actual alternative for determining the level of future emissions will make it easier for sources to

demonstrate the inapplicability of major NSR. Sources that obtain PALs will essentially be able to avoid
subsequent major NSR for a 10-year period. The savings from these reforms are difficult to estimate, but
the department believes they will at least offset the additional costs described above.
Minor NSR
As noted above, the department estimates that approximately 100 minor and major sources requiring
permits or permit revisions each year will be subject to minor NSR.
The minor NSR amendments may result in the imposition of three types of additional costs on applicants
for major NSR permits:
First, ADEQ estimated based on experience with contractors performing accelerated permitting services
that the cost of preparing the minor NSR components of a permit or permit revision application would
average $4,000.00 (18 A.A.R. 1542, July 6, 2012). The department’s Permit Engineering Division agrees
with that estimate and therefore estimates annual application preparation costs attributable to minor NSR
at: 100 applications × $4,000.00 per application = $400,000.00.
Second, applicants will be responsible for paying permit fees equal to the additional permit processing
costs as noted above related to the minor NSR requirement for an air quality impact assessment. The
department estimates above that SCREEN modeling may result in $300.00 of additional costs (2 hours ×
$150.00) and reviewing refined modeling performed by the source may result in $1,050.00 of additional
costs (7 hours × $150). Therefore, the department estimates annual additional permit processing costs
attributable to minor NSR at: 95 applications × $150 + 5 applications × $150 = $15,000.
Third, based on estimates provide by environmental consultants, ADEQ projected that the cost of running a
refined model to comply with minor NSR will be approximately $7,000 to $12,000 000 (18 A.A.R. 1542,
July 6, 2012). The department’s Permit Engineering Division agrees with that estimate and estimated above
that 5% of minor NSR applicants will need to perform refined modeling for the ambient air quality
assessment. Therefore, the department estimates the additional annual cost attributable to performing a
refined model by the source ranges between $35,000 and $60,000 (5 applications × $7,000 vs. 5
applications × $12,000).
Lastly, the department anticipates no additional control costs will be incurred by sources as a result of
minor NSR BACT or RACT requirements because BACT or RACT is required under the department’s
current permitting program. The minor NSR amendments do have a new requirement for BACT or RACT
for PM2.5 and lead; however, most sources that emit PM2.5 or lead also emit other pollutants such as NOx,
CO or PM10 and these pollutants (NOx, CO or PM10) will trigger the BACT or RACT analysis and
generally the controls for these pollutants will also limit PM2.5 and lead. Currently, the department does not
have any lead sources that will trigger the requirement for a BACT or RACT determination for lead.

Permits issued by the department are valid for five years; therefore, the department estimates annual minor
NSR permit related costs for a source by dividing the total estimated cost by five years.
The department estimates the annual minor NSR costs for a source electing to have the department perform
a SCREEN model at: $860.00. Whereas, the annual minor NSR costs for a source electing to perform a
refined model is estimated to range between $2,410.00 and $3,410.00.
- Annual minor NSR costs for source electing to have MCAQD perform a SCREEN model:
$860 = (($4,000 permit application + $300 permit processing costs)/5 yrs.)
- Annual minor NSR costs for source electing to perform a refined model:
$2,410 = (($4,000 permit application prep + $1,050 permit processing + $7,000 refined modeling cost)/5 yrs.)
$3,410 = (($4,000 permit application prep + $1,050 permit processing + $12,000 refined modeling)/5 yrs.)
A general description of the probable impact on private and public employment in businesses,
agencies and political subdivisions of this state directly affected by the rulemaking.
The department does not believe that the additional costs to businesses subject to the amended NSR
requirements, as described above, will be substantial enough to deter the construction or expansion of
business operations. Accordingly, there should be no impact on private employment or on the employment
of any political subdivisions subject to NSR.
The department estimates that approximately one new full-time employee will be needed to implement the
additional workload that will result from implementing minor NSR. A more precise estimate of the
employment impact of minor NSR will be included in the ESBCIS for the upcoming permit fee rule.
The amendments to major NSR include elements that will both reduce (NSR reform) and increase (new
ambient standards) agency workload. The department estimates that the net effect of the major NSR
amendments on the agency’s employment needs will be zero.
A statement of the probable impact of the rulemaking on small businesses.
(a) An identification of the small businesses subject to the rulemaking.
Under A.R.S. § 49-101(20):
“Small business” means a concern, including its affiliates, which is [1] independently owned and
operated, which is [2] not dominant in its field and which [3] employs fewer than one hundred full-time

employees or which had gross annual receipts of less than four million dollars in its last fiscal year.
(Emphasis added.)
The department does not anticipate that this rulemaking will increase the number of sources subject to
the department’s NSR program.
(b) The administrative and other costs required for compliance with the rulemaking.
Small businesses will primarily incur the business costs described above for the minor NSR program.
(c) A description of the methods that the agency may use to reduce the impact on small businesses.
Establishing less costly compliance requirements in the rulemaking for small businesses.
The department’s existing general permit program which falls under its minor NSR program is a less
costly alternative currently available to many small businesses (e.g. dry cleaners, gas stations, surface
coating operations, auto body shops, etc.). The general permits are designed specifically with small
businesses in mind. General permitted sources will not incur the cost of an ambient air quality
assessment as this would be done up front when the general permit is established rather than when an
authorization to operate is issued. Many small businesses currently required to obtain permits are
eligible for a general permit and are not required to get a Non-Title V permit. Thus, for some small
businesses, the general permit program is an existing and less costly alternative to the Non-Title V
permit.
(d) The probable cost and benefit to private persons and consumers who are directly affected by the
rulemaking.
Some businesses may pass some of the additional costs estimated above on to consumers. Because the
amendments will not substantially increase existing air quality compliance costs, the department
anticipates that the impact will be negligible.
A statement of the probable effect on state revenues.
Since the costs of the amendments will be recoverable through air quality permit fees, there will be no net
effect on state revenues.
A description of any less intrusive or less costly alternative methods of achieving the purpose of the
rulemaking.

As discussed above in Item 5 of this Notice of Supplemental Proposed Rulemaking, the department has
adopted amendments that the department believes to be the minimum necessary to comply with federal
NSR requirements. No less intrusive or costly alternatives are available.
11. Name and address of department personnel with whom persons may communicate regarding the
accuracy of the economic, small business, and consumer impact statement:
Name: Kathleen Sommer
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125
Phoenix, Arizona 85004
Telephone: (602) 506-6010
Fax: (602) 506-6179
E-Mail: aqplanning@mail.maricopa.gov
12. Description of the changes between the proposed rules, including supplemental notices and final
rules:
Since the Notice of Proposed Rulemaking was published on July 31, 2015 (21 A.A.R. 1302), the
department is proposing the following additional amendments:
 Rule 100, Section 112 (Availability Of Information): To clarify where information that is referenced or
incorporated by reference in the rule can be obtained
 Rule 100, Section 200.2 (Definition Of “ACT”): To change the date from “December 31, 2011” to
“December 31, 2014” per EPA directive
 Rule 100, Section 200.3 (Definition Of “Actual Emissions”): To change “regulated NSR pollutant” to
“regulated pollutant” and to add “the definitions of” to the last sentence in Section 200.3(e) so it is
consistent with ADEQ’s NSR rules R18-2-101(2)
 Rule 100, Sections 200.12(b) and (c) (Definition Of “Allowable Emissions”): To revise text regarding
future compliance dates so it is consistent with ADEQ’s NSR rules R18-2-101(13)
 Rule 100, Section 200.28(w) (Definition Of “Categorical Sources”): To change “preprocessing” to “ore
processing” so it is consistent with ADEQ’s NSR rules R18-2-101(23)(w)
 Rule 100, Section 200.29 (Definition Of “CFR”): To delete “amended as of July 1, 2011 (and no future
editions)” per EPA directive. The CFR is the CFR regardless of when it is amended
 Rule 100, Section 200.54(c) (Definition Of “Federally Enforceable”): To delete “contained in these
rules” because the Administrator is not limited to enforcing NSPS’s contained in the Maricopa County
Air Pollution Control Regulations per EPA directive

 Rule 100, Section 200.54(g) (Definition Of “Federally Enforceable”): To delete “other than those
designated as enforceable only by the department” so it is consistent with ADEQ’s NSR rules R18-2-
101(53)
 Rule 100, Section 200.63 (Definition Of “Insignificant Activity”): To revise the definition of
“insignificant activity” in response to comments received on August 31, 2015, from the Salt River
Project Agricultural Improvement and Power District (SRP). To retain the original introductory statement
with the deletion of “either included in Appendix D-List of Insignificant Activities of these rules”.
Appendix D is proposed to be repealed in this rulemaking. To delete proposed Section 200.63(a) (Any
activity, process, or emissions unit that is not subject to a source specific applicable requirement that
emits no more than two tons per year of a regulated air pollutant and that is either included in this
definition of this rule or is approved as an insignificant activity under Rule 200 (Permit Requirements) of
these rules). For “Internal Combustion (IC) Equipment”, to change “and” to “or”, for “Surface Coating
And Printing Equipment”, to change “one gallon per day” to “300 gallons per year”, and for
“Miscellaneous Activities”, to delete “Any other activity 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; and (c) Is approved by the Control Officer
and the Administrator of the Environmental Protection Agency (EPA)”
 Rule 100, Section 200.64 (Definition of “Major Modification”): To revise text to distinguish between
nonattainment NSR and PSD so it is consistent with ADEQ’s NSR rules R18-2-101(74) – per EPA
directive and to comport with federal regulations
 Rule 100, Section 200.68(a)(3)(b) (Definition Of “Material Permit Condition”): To delete reference to
Rule 372-Maricopa County Hazardous Air Pollutants (HAPs) Program
 Rule 100, Section 200.69 (Definition of “Maximum Capacity To Emit”): To add definition so it is
consistent with ADEQ’s NSR rules R18-2-301(12)
 Rule 100, Section 200.71(f) (Definition of “Minor NSR Modification”): To change “uncontrolled
emission rate” to “maximum capacity to emit emission rate”
 Rule 100, Section 200.77 (Definition of “New Source Performance Standards (NSPS)”): To add
definition so it is consistent with ADEQ’s NSR rules R18-2-101(90)
 Rule 100, Section 200.88 (Definition of “Permtting Threshold”): To change “uncontrolled emission rate”
to “maximum capacity to emit emission rate”
 Rule 100, Section 200.96 (Definition of “Potential To Emit (PTE)”): To delete “by the Department or a
county under A.R.S. Title 49, Chapter 3” per EPA directive
 Rule 100, Section 200.99 (Definition of “Public Notice Threshold): To add “PTE” to the threholds
“Public Notice Threshold TPY (New Or Permit Renewals PTE)”
 Rule 100, Section 200.105(c) (Definition Of “Regulated Air Pollutant”): To delete “contained in Rule
360-New Source Performance Standards of these rules” and to add “or under Section 112-National
Emission Standards For Hazardous Air Pollutants of the Act” per EPA directive

 Rule 100, Section 200.105(d) (Definition Of “Regulated Air Pollutant”): To delete reference to Rule 372-
Maricopa County Hazardous Air Pollutants (HAPs) Program
 Rule 100, Section 200.107 (Definition of “Regulated NSR Pollutant”): To revise text to distinguish
between nonattainment NSR and PSD so it is consistent with ADEQ’s NSR rules R18-2-101(124) – per
EPA directive and to comport with federal regulations – eliminates potential nonattainment NSR for
major modification at existing sources that are major only for non-criteria pollutants
 Rule 100, Section 200.113 (Definition of “Screening Model”): To change the definition of “screen
model” to the definition of “screening model” so it is consistent with ADEQ’s NSR rules R18-2-301(21)
and to change the term as used in Rule 241, Section 308.1
 Rule 100, Section 200.115 (Definition of “Significant”): To revise text to provide that significant rates
for non-criteria pollutants apply solely for determining PSD and Non-Title V permit applicability so it is
consistent with ADEQ’s NSR rules R18-2-101(131). Federal nonattainment NSR rules establish
significant rates solely for criteria pollutants and precursors. Under NRDC decision (see NRDC v. EPA,
706 F.3d 428 (D.C. Cir. 2013)) and EPA proposal, ammonia must be treated as a precursor for PM2.5.
However, EPA has not established significant rates for ammonia, even in proposal. If the department
used the PSD definition of significant for nonattainment NSR, the significant rate for ammonia would be
zero (0) under this provision.
 Rule 100, Section 200.121 (Definition Of “Stationary Source”): To change “regulated NSR pollutant” to
“regulated pollutant” and to change “subject to regulation pursuant to A.R.S. § 49-426(A) which emits or
may emit any air pollutant” to “which emits or may emit any regulated NSR pollutant” so it is consistent
with ADEQ’s NSR rules R18-2-101(140)
 Rule 100, Section 200.128 (Definition Of “Trivial Activity”): To retain the original introductory
statement with the deletion of “in Appendix E of these rules”. Appendix E is proposed to be repealed in
this rulemaking.
 Rule 100, Section 505.3 (Annual Emissions Inventory Report): To delete reference to Rule 372-Maricopa
County Hazardous Air Pollutants (HAPs) Program
 Rule 200, Sections 303.1 (Non-Title V Permit): To delete “uncontrolled potential to emit” and to add
“maximum capacity to emit” so it is consistent with ADEQ’s NSR rule R18-2-302(B)(2)(a)
 Rule 200, Sections 303.2 (Non-Title V Permit): To delete reference to Rule 372-Maricopa County
Hazardous Air Pollutants (HAPs) Program so it is consistent with ADEQ’s NSR rules R18-2-
302(B)(2)(c) and (d)
 Rule 200, Sections 303.2(b) (Non-Title V Permit): To delete “regulation or requirements pursuant to” per
EPA directive
 Rule 200, Sections 305 (Exemptions): To delete proposed new Section 305.4 (“Insignificant activities,
provided any single or combination of insignificant activities have total uncontrolled emissions less than
the permitting thresholds as defined in Rule 100 of these rules”) and to add activities, processes, or
emisisons units that are proposed to be listed in the proposed new definition of “insignificant activity” in

Rule 100 and that are proposed to be deleted in Rule 200, Section 303.3(c). For “Internal Combustion
(IC) Equipment”, to change “and” to “or”, for “Surface Coating And Printing Equipment”, to change
“one gallon per day” to “300 gallons per year”, and for “Miscellaneous Activities”, to delete “Any other
activity 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; and (c) Is approved by the Control Officer and the Administrator of the Environmental
Protection Agency (EPA)”
 Rule 200, Sections 305.2 (Exemptions): To delete “meets the applicable criteria for an insignificant
activity as defined in Rule 100 of these rules” and to add “has a maximum capacity to emit less than the
permitting threholds in Section 303.1 of this rule”
 Rule 200, Sections 305.3 (Exemptions): To delete “meets the applicable criteria for an insignificant
activity as defined in Rule 100 of these rules” and to add “has a maximum capacity to emit less than the
permitting threholds in Section 303.1 of this rule”
 Rule 200, Sections 309.1(a)(2) and (3) (Standards For Applications-Insignificant Activities): To delete
“Emits uncontrolled emissions of any single or combination of insignificant activities less than the
permitting thresholds as defined in Rule 100 of these rules” and to delete “Is either included in the
definition of “insignificant activity” in Rule 100 of these rules or” from the beginning of previously
numbered Section 309.1(a)(3)
 Rule 200, Sections 309.1(b)(1) and (c)(1) (Standards For Applications-Insignificant Activities): To
change reference from “Sections 304.1(b) or (c)” to “Section 301.4”
 Rule 200, Section 310.3 (Permit Conditions): To add a new provision as Section 310.3 so it is consistent
with ADEQ’s NSR rules R18-2-334(J) and to re-number Section 310 as appropriate
 Rule 200, Section 313: To eliminate outdated permit provisions regarding transition from installation and
operating permit program to unitary permit program and to add permit provisions regarding transition to
new minor NSR program
 Rule 200, Section 314 (Accelerated Permitting): To add “permit” in first sentence so it reads in part
“…submittal for accelerated permit processing…” per EPA directive
 Rule 200, Section 407 (Air Quality Impact Models): To add provisions regarding model substitution,
which match 40 CFR 51.160(f)(2), and to revise text so it is consistent with ADEQ’s NSR rules R18-2-
409
 Rule 210, Sections 301.4(c) (Permit Application Processing Procedures): To delete reference to Rule
372-Maricopa County Hazardous Air Pollutants (HAPs) Program
 Rule 210, Sections 301.4 (h) (Permit Application Processing Procedures): To change references from
“Sections 304.1(b) or (c)” to “Section 301.4”
 Rule 210, Section 405.1(e) (Minor Permit Revisions): To delete reference to Rule 372-Maricopa County
Hazardous Air Pollutants (HAPs) Program

 Rule 210, Section 405.1(g) (Minor Permit Revisions): To delete “except that minor NSR modifications
subject to Rule 241, Section 310 of these rules may be processed as minor permit revisions” so it is
consistent with ADEQ’s NSR rules R18-2-319(A)(7) – per EPA directive
 Rule 210, Section 405.6 (Minor Permit Revisions-Source’s Ability To Make Change): To add “unless the
revision triggers minor New Source Review (NSR) under Rule 241 of these rules” to the first sentence in
the section so it is consistent with text in Rule 220, Section 406.3(a)(1) (Permit Revision Procedures-The
Source’s Ability To Make Changes Requested In A Notificatin Of A Permit Revision-Administrative
Permit Revision Or Minor Permit Revision)
 Rule 210, Sections 406.3 and 406.4 (Significant Permit Revisions): To delete reference to Rule 372-
Maricopa County Hazardous Air Pollutants (HAPs) Program
 Rule 210, Sections 408.1(e) and 408.4(k) (Public Participation): To delete reference to Rule 372-
Maricopa County Hazardous Air Pollutants (HAPs) Program
 Rule 220, Sections 301.4(c) (Permit Application Processing Procedures): To delete reference to Rule
372-Maricopa County Hazardous Air Pollutants (HAPs) Program
 Rule 220, Sections 301.4(g) (Permit Application Processing Procedures): To change reference from
“Rule 200” to “definition of “insignificant activity” in Rule 100” and to add “or that emissions data for
the activity is required to complete the assessment required by Section 301.4 of this rule”
 Rule 220, Section 405.2(a)(1) (Minor Permit Revisions): To delete “except that minor NSR
modifications subject to Rule 241, Section 310 of these rules may be processed as minor permit
revisions” so it is consistent with ADEQ’s NSR rules R18-2-319(B)(1)(a) – per EPA directive
 Rule 220, Section 405.3(c) (Non-Minor Permit Revisions): To delete “except for a minor modification
subject to Rule 241, Section 310 of these rules” so it is consistent with ADEQ’s NSR rules R18-2-
320(B)(3) – per EPA directive
 Rule 220, Section 407 (Public Participation): To clarify public participation requirements before taking
action on a permit, for permit applications received, and after issuing a permit
 Rule 220, Section 407.2(f) (Public Participation): To add “the analysis in support of the preliminary
determination whether the application for a permit or permit revision should be approved or
disapproved” to the list of items/statements that must be included in the public notice that the Control
Officer must provide before taking action on a permit
 Rule 230, Section 302.6 (General Permit Development): To move “of sources that are covered under the
general permit” to the beginning of the introductory statement and to change “c” to “b”
 Rule 230, Sections 308.1 and 308.2 (General Permit Variance From Any Non-Federally Enforceable
Requirement Of A Permit): To delete reference to Rule 372-Maricopa County Hazardous Air Pollutants
(HAPs) Program
 Rule 240, Section 103 (Incorporation By Reference): In regards to incorporating by reference sections of
the Code of Federal Regulations, to change reference from Appendix G to the specific date of the
adoption and incorporation of such sections in the Code of Federal Regulations. To make such change in

the following sections in Rule 240: 302.3, 303.2(e), 304.1, 304.2, 304.5(a), 304.5(c), 304.6(c), 304.8(a),
304.8(b), 304.9(a), 304.9(b), 304.17, 304.18, 305.1, 305.2, 305.2(b), 306.1, 306.2, and 306.4
 Rule 240, Section 302 (Application Completeness): To change “application” to “applicant” in the phrase
“…unless the applicant demonstrates…” per EPA directive
 Rule 240, Section 302.1 (Application Completeness): To change “Section 304.17” to “Secton 304.16”
 Rule 240, Section 302.3 (Application Completeness): To add “the applicant” to the phrase “…and the
applicant will satisfy all the visibility requirements…” per EPA directive
 Rule 240, Section 302.8 (Application Completeness): To be consistent with ADEQ’s NSR rules R18-2-
402(G), to delete the provision that an application for a permit or permit revision under Rule 240 is
considered complete if it demonstrates that a stationary source that will emit five tons of lead per year
will not violate the NAAQS
 Rule 241, Section 303 (Review Of NAAQS Compliance): To revise text so it is consistent with ADEQ’s
NSR rules R18-2-334(E), e.g., to list the criteria that the Control Officer must consider when requesting a
source to conduct an ambient air quality impact assessment, e.g., source’s emission rates, location of
emission units within the facility, location and emissions of nearby sources
 Rule 241, Section 308.1 (NAAQS Compliance Assessment): To change “screen model” to “screening
model” so it is consistent with ADEQ’s NSR rules R18-2-334(C)(2)
 Rule 241, Section 309 (Application Denial): To clarify the condition under which the Control Officer
shall deny an application subject to Rule 241
 Rule 241, Section 310 (Application Processed As Minor Permit Revision): To delete text regarding
applications being processed as a minor permit revision so it is consistent with ADEQ’s NSR rules R18-
2-334(G) – per EPA directive. To add text regarding public notice requirements. To delete “only” from
the sentence “The Control Officer shall hold a public hearing only upon written request”
 Rule 241, Section 311 (Application Processed As Significant Or Non-Minor Permit Revision): To
change heading to “Notice To Other Agencies”
 Rule 241, Section 315 (Source Obligation): To add text regarding the source’s obligation to comply with
applicable provisions of the State Implementation Plan (SIP) and any other requirements under local,
State, or Federal law so it is consistent with ADEQ’s NSR rules R18-2-334(J)
 Rule 500 (Attainment Area Classification): To repeal Rule 500, because the information in the rule is
being incorporated by reference in Rule 240
 Rule 510, Section 102 (Availability Of Information): To clarify where information that is referenced or
incorporated by reference in the rule can be obtained
On October 5, 2015, the department received comments from the EPA. The scope of their comments regard
clarifying definitions and requirements so they more closely match federal regulations. In response to such
comments, the department is proposing additional amendments as decribed below. Others of the EPA’s
comments regard correcting typographical or clerical errors and making minor grammatical changes to

improve readability or clarity. As these amendments do not alter the sense, meaning, or effect of the rules,
they are not described in detail here, but can be readily discerned in the “strikeout and underline” version of
the rules contained in Item #17 of this notice.
 Rule 100, Section 200.71(a)(2) (Definition Of “Minor NSR Modification”): To change “emissions” to
“potential to emit” in the phrase “Results in the potential to emit of a regulated minor NSR pollutant…”
 Rule 100, Section 200.115(a) (Definition of “Significant”): To add “significant” before the phrase “net
emissions increase”
 Rule 100, Section 200.115(a)(2) (Definition of “Significant”): In the first colum of the last row in the
table, to delete “regulated NSR” and to add “subject to regulation” in the phrase “Any pollutant subject
to regulations not specifically listed…”
 Rule 200, Section 303.1 (Non-Title V Permit): To change “regulated NSR pollutants” to “regulated air
pollutants”. By definition, a hazardous air pollutant (HAP) is not a regulated NSR pollutant. Since HAPs
are included as one of the pollutants for which a Non-Title V permit is required, a Non-Title V permit is
required for “regulated air pollutants” not “regulated NSR pollutants”
 Rule 200, Section 305 (Exemptions): To restore an emissions limit above which any single or
combination of activities is required to obtain a permit; text is substantially identical to the sense,
meaning, and effect of ADEQ’s NSR rules R18-2-302(C)(1)
In the Notice of Proposed Rulemaking (21 A.A.R. 1302, July 31, 2015), the department proposed to add
Rule 200, Section 305.4, which stated “The following sources shall be exempt from obtaining a
permit…Insignificant activities, provided any single or combination of insignificant activities have total
uncontrolled emissions less than the permitting thresholds as defined in Rule 100 of these rules.” The
permitting thresholds were proposed to be: VOC-0.5 tons per year (tpy); CO-1.0 tpy; NO2 or NOx-1.0
tpy; SO2-1.0 tpy; lead (Pb)-0.3tpy; PM10-0.5 tpy. The definition of “insignificant activity” was proposed
as: “Any of the following activities: (a) Any activity, process, or emissions unit that is not subject to a
source-specific applicable requirement that emits no more than two tons per year of a regulated air
pollutant…” and (b) through (i) were the insignificant activities that were listed in Appendix D-List of
Insignificant Activities and that were listed in Rule 200, Section 303.3(c)-activities that were exempt
from obtaining a Non-Title V permit.
On July 31, 2015, the department received written comments from the Salt River Project Agricultural
Improvement and Power District (SRP). SRP’s comments included; “The proposed [permitting]
thresholds are inconsistent with the current MCAQD thresholds in Rule 100, Section 200.58 (proposed
definition of “insignificant activity”), which states the following: 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 this is either
included in Appendix D-List of Insignificant Activities of these rules or is approved as an insignificant
activity under Rule 200-Permit Requirements of these rules.”

In response to SRP’s comment regarding permitting thresholds, the department proposed (in a Notice of
Supplemental Proposed Rulemaking (21 A.A.R. 2124, October 2, 2015) to de-couple the permitting
thresholds from the definition of “insignificant activity”. The department proposed to retain the original
definition of “insignificant activity” as written in Rule 100, Section 200.58 (new Section 200.63) with
the deletion of “and that is either included in Appendix D-List of Insignificant Activities of these rules”.
In addition, in Rule 200, Section 305.4 (Exemptions), the department proposed to delete (as an
exemption from needing to obtain a permit) the text “Insignificant activities, provided any single or
combination of insignificant activities have total uncontrolled emissions less than the permitting
thresholds as defined in Rule 100 of these rules”. In addition, the department proposed to simply list the
activities, processes, or emissions units that match those listed in the definition of “insignificant activity”.
Realizing the department inadvertently deleted a restriction on the quantity of emissions that may be
exempted from permit, the department is proposing to restore an emissions limit (two tons per year of a
regulated air pollutant) above which any single or combination of activities is required to obtain a permit
(in Rule 200, Section 305). As ADEQ’s rules contained a restriction on the number of categorically
exempt activities, the text in Rule 200, Section 305 is substantially identical to the sense, meaning, and
effect of ADEQ’s NSR rules R18-2-302(C)(1).
 Rule 200, Section 310.4 (Permit Conditions): To delete “or a permit renewal application” and to add
“permit” in the phrase “or for permit denial” in the second to-the-last sentence in the section. Permit non-
compliance is not grounds for a permit renewal application
 Rule 200, Section 401.1 (Approval Or Denial Of Permit Or Permit Revision): To add “or applicable
State Implementation Plan (SIP) plan requirements” to the end of the sentence
 Rule 220, Section 301.3(c) (Permit Application Processing Procedures-A Timely Permit Application):
To add “If such standard requires the source to obtain a Title V permit, then the” to the beginning of the
first sentence
 Rule 220, Section 301.6(b)(4) (Permit Application Processing Procedures-Action On Application): To
change “an application” to “a proposed permit” in the first sentence; a permit application is not required
to be submitted to the EPA
 Rule 240, Section 301 (Perimt Or Permit Revision Required): To change “shall meet those requirements”
to “shall meet the requirements of this rule” at the end of the sentence
 Rule 240, Section 302.5 (Application Completeness): To add “to satisfy BACT or LAER requirements,
as applicable” to the end of the first sentence
 Rule 240, Section 303.2(d)(1) (Application On Application And Notification Requirements): To delete
“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”. Since the department is a county agency, the
department does not need to send a notice requesting public hearing to itself
 Rule 240, Section 303.5(d) (Application On Application And Notification Requirements): To add “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” to ensure that Control Officer determines that the control
technology requirements are met prior to issuance of a preliminary decision to issue a permit or permit
revision
 Rule 240, Section 304 (Permit Requirements For New Major Sources Or Major Modifications Located In
Nonattainment Areas): To change introductory text so it is consistent with introductory text in Rule 240,
Section 305
 Rule 240, Section 304.3 (Permit Requirements For New Major Sources Or Major Modifications Located
In Nonattainment Areas-Emission Offsets): To change “source or modification is classified as major” to
“proposed project will result in a new major stationary source or a major modification” at the end of the
first sentence and to add “offset” before “ratio” in the second sentence
 Rule 240, Section 304.13 (Permit Requirements For New Major Sources Or Major Modifications
Located In Nonattainment Areas): To change text to be consistent with EPA’s intent that such sources
not even be major sources and to be consistent with ADEQ’s NSR rules R18-2-403(E)
 Rule 240, Section 306.3(b) (Stack Height Dispersion Techniques): To delete “Coal fired steam electric
generating units, subject to the provisions of Section 118 of the Clean Air Act which commenced
operation before July 1, 1957, and whose stacks constructed under a construction contract awarded
before February 8, 1974”. Maricopa County does not have any such sources
 Rule 241, Section 102.4 (Applicability): To change “source’s potential to emit” to “source’s maximum
capacity to emit”
 Rule 241, Section 304.2 (BACT Required): To change “increase in emissions” to “increase in the
source’s maximum capacity to emit”
 Rule 241, Section 308 (NAAQS Compliance Assessment): To change “a standard imposed in” to “any
national ambient air quality standard” at the end of the sentence
 Rule 241, Section 308.1 (NAAQS Compliance Assessment): To change “a standard imposed in” to “any
national ambient air quality standard”
 Rule 241, Section 308.2(a) (NAAQS Compliance Assessment): To change “the violation of a standard
imposed in” to “a violation of any national ambient air quality standard”
 Rule 241, Section 309.1 (Application Denial): To change “a standard imposed in” to “of any national
ambient air quality standard”
 Rule 241, Section 310 (Public Notice): To change “each” to “any one” in the phrase in the first sentence
“…if the emissions for any one pollutant are equal to or greater than…”
13. Summary of the comments made regarding the rules and the department response to them:
Since the Notice of Proposed Rulemaking was published on July 31, 2015 (21 A.A.R. 1302), the
department received comments from the Salt River Project Agricultural Improvement and Power District
(SRP). The comments and the department’s responses are provided below.

Comment #1: Proposed “Permitting Threshold”
The new MCAQD Rule 100, Section 200.86 related to “Permitting Threshold” defines the new trigger
levels as follows: 0.3 tpy for lead (Pb); 0.5 tpy for particulate matter nominally less than 2.5 microns
(PM2.5), particulate matter nominally less than 10 microns (PM10), volatile organic compounds (VOC), and
any single hazardous air pollutant (HAP) (other than Pb); and 1.0 tpy for sulfur dioxide (SO2), nitrogen
oxide (NOx), carbon monoxide (CO), total HAPs, and any other “regulated air pollutant.” The proposed
thresholds are inconsistent with the current MCAQD thresholds in Rule 100, Section 200.58, which states
the following: “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 this is either included in Appendix D-List of Insignificant Activities of these
rules 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.” The 0.5 and 2 tpy thresholds noted above are also defined as the
Insignificant Emissions Rate (IER) in the MCAQD December 29, 2006 “Interim Guidance Document For
Title V Permit Revisions,” which has been applied to Title V permit revisions in the county since 2007.
The proposed thresholds are also inconsistent with “Permitting Exemption Thresholds” proposed by the
ADEQ NSR rules, which are as follows: 0.3 tpy for lead (Pb); 50 tpy for CO; 20 tpy for VOC, NOx, and
SO2; 7.5 tpy for PM10; and 5 tpy for PM2.5 (primary emissions only). MCAQD retained the historic 0.5 tpy
threshold for HAPs and utilized ADEQ’s proposed 0.3 tpy threshold for Pb. At a minimum, MCAQD
should revise the threshold for all pollutants, other than lead, to be consistent with its definition of
Insignificant Emissions Rate (IER) in the December 29, 2006 “Interim Guidance Document For Title V
Permit Revisions.”
Response #1: Proposed “Permitting Threshold”
In response to SRP’s comment regarding permitting thresholds, the department is proposing to de-couple
the permitting thresholds from the definition of “insignificant activity”. The department is proposing to
maintain the current permitting thresholds but to convert the thresholds from pounds per day to tons per
year. The department is proposing to retain the original definition of “insignificant activity” as written in
Rule 100, Section 200.58 (new Section 200.63) with the deletion of “and that is either included in
Appendix D-List of Insignificant Activities of these rules”. Appendix D is proposed to be repealed in this
rulemaking. In addition, in Rule 200, Section 305.4 (Exemptions), the department is proposing to delete the
text “Insignificant activities, provided any single or combination of insignificant activities have total
uncontrolled emissions less than the permitting thresholds as defined in Rule 100 of these rules” and to add
activities, processes, or emissions units that were proposed to be listed in the proposed new definition of
“insignificant activity” in Rule 100 and that are proposed to be deleted in Rule 200, Section 303.3(c).

Comment #2: Proposed “Minor NSR Modification Threshold”
The new MCAQD Rule 100, Section 200.70(f) related to “Minor NSR Modification Threshold” defines the
new trigger levels as follows: 0.3 tpy for lead (Pb); and 5 tpy for PM2.5 (primary emissions only), PM10,
SO2, NOx, VOC, and CO. The proposed thresholds are also inconsistent with the corollary “Minor NSR
Modification” proposed by the ADEQ NSR rules, which are the same as the “Permitting Exemption
Thresholds” listed above. The MCAQD proposal is similar to ADEQ’s for Pb and PM2.5 but with much
lower thresholds for all other pollutants (CO, VOC, NOx, SO2, and PM10). SRP understands that Maricopa
County is a nonattainment area for ozone and PM10, which may justify a lower threshold for VOC, NOx,
and PM10. However, the thresholds proposed by MCAQD seem more appropriate for severe and extreme
nonattainment areas and such low thresholds leave no room for future downward adjustment in the case of
a severe nonattainment designation of Maricopa County. Therefore, consistent with ADEQ’s program,
MCAQD should change the minor NSR permitting thresholds to match ADEQ’s thresholds for all
pollutants other than the nonattainment pollutants. SRP proposes that for PM10, VOC, and NOx MCAQD
adopt a conservative threshold of 40% of the “Significant” emission rates in MCAQD Rule 100, Section
200.99 as follows: 0.3 tpy for lead (Pb); 50 tpy for CO; 20 tpy for SO2; 16 tpy for VOC, NOx, and 6 tpy for
PM10; and 5 tpy for PM2.5 (primary emissions only).
Response #2: Proposed “Minor NSR Modification Threshold”
Given the permitting thresholds and the applicability criteria in the numerous source-specific emission
control rules in place to address county nonattainment areas, the department is proposing to define
permitting thresholds that would trigger minor NSR modifications at different levels than ADEQ proposed.
The permitting thresholds that would trigger minor NSR modification are proposed as follows: 5.0 tons per
year-PM2.5, PM10, SO2, NOx, VOC, and CO; 0.3 tpy for lead. In ADEQ’s Notice of Final Rulemaking (18
A.A.R. 1542, July 6, 2012), ADEQ states “ADEQ confirms that the amendments to the State’s NSR
program are designed to meet federal Clean Air Act requirements solely for the areas subject to ADEQ’s
jurisdiction and may not be sufficient to meet those requirements for nonattainment areas subject to
MCAQD’s jurisdiction.”
Comment #3: Development Of A “Registration” Program
In a May 22, 1996 letter addressing the adequacy of ADEQ’s permitting program, EPA Region 9 stated that
“ADEQ could develop a source registration program for smaller facilities that would achieve that same
environmental benefit as a traditional permitting program.” (Per Arizona Department of Environmental
Quality (ADEQ), State Implementation Plan Revision, New Source Review, Final Version, October 2012,
Page 1547) As a result, the proposed ADEQ NSR rules contain a new “Registration” program to minimize
the burden imposed on currently unpermitted or smaller emission sources. The MCAQD rules do not
propose the development of a similar registration program. The changes being proposed to the MCAQD

permitting and Minor NSR thresholds are expected to bring numerous currently unpermitted and smaller
emission sources into the MCAQD permitting program. Under the current proposed MCAQD rules, such
sources will likely need to obtain an MCAQD Non-Title V permit, which can require a complicated
application for the applicants and consume MCAQD permit engineering resources with no measurable
improvement to county air quality. Due to the impact on MCAQD permit engineering resources, other
larger industrial sources with pending Title V and Non-Title V permit actions may experience permit
processing delays that could be detrimental to the county’s business and economic advantage.
Response #3: Development Of A “Registration” Program
The commenter has mischaracterized the department’s existing permitting thresholds. The proposed
permitting thresholds simply convert the existing pounds per day thresholds in Rule 200, Section
303.3(c)(7)(j) to the less burdensome tons per year format. This change may actually reduce not increase
the number of permits issued by the department. Based on experience in administering the existing permit
program, the department’s Permit Engineering Division estimates that it will process approximately 100
applications for permits or permit revisions subject to minor NSR per year. The Permit Engineering
Division also estimates that on average the additional time for processing the minor NSR components
(applicability and air quality impact analyses) of a permit or permit revision application will be 2 hours per
application for SCREEN modeling for ambient air quality assessment and 5 hours per application for
reviewing refined modeling performed by the source. The Permit Engineering Division further estimates
that the department will perform SCREEN modeling for the air quality impact assessment on
approximately 95% of the permit applications and will review the refined modeling performed by the
source on approximately 5% of the permit applications. In addition, the department’s existing general
permit program which falls under its minor NSR program is a less costly alternative currently available to
many small businesses (e.g. dry cleaners, gas stations, surface coating operations, auto body shops, etc.).
The general permits are designed specifically with small businesses in mind. General permitted sources will
not incur the cost of an ambient air quality assessment as this would be done up front when the general
permit is established rather than when an authorization to operate is issued. Many small businesses
currently required to obtain permits are eligible for a general permit and are not required to get a Non-Title
V permit. Thus, for some small businesses, the general permit program is an existing and less costly
alternative to the Non-Title V permit.
Comment #4: Minor NSR Reasonably Available Control Technology (RACT) Determinations
The MCAQD NSR rules propose a new Rule 241, Section 307 that the agency shall determine RACT for
minor NSR purposes, as follows: (1) For sources subject to source-specific rule under Regulation III
(Control of Air Contaminants), RACT is the emissions limitation in the applicable rule and (2) For all other
sources, RACT shall be determined by one of the following: technology that may previously have been
applied to a similar, but not necessarily identical, source category; a control technique guideline (CTG)

issued by the EPA under Clean Air Act (CAA) section 108(f)(1); or an emissions standard established or
revised in a New Source Performance Standard (NSPS) or National Emission Standard for Hazardous Air
Pollutants (NESHAP) after November 15, 1990. However, the ADEQ NSR rules proposed at R18-2-
334(D) that the agency shall accept a requirement proposed as RACT if it complies with the most recently
adopted guidelines or standards from the list below. The differences with respect to the MCAQD proposal
are in bold text. “a. A control technique guideline (CTG) issued by the EPA under CAA section 108(f)(1);
b. An emissions standard established or revised in an NSPS or NESHAP after November 15, 1990; c. An
applicable requirement in ADEQ or county rules that has been spefically identified as constituting RACT;
d. A RACT standard imposed on the same type of source by a General Permit; and e. A RACT
standard imposed on the same type of source within the past 10 years.” (The rules also not that to
facilitate identification of previously imposed RACT standards, the ADEQ will establish an online
database of historic RACT determinations). A comparison of the proposals above indicates that ADEQ
allows applicants to use standards contained in General Permits. Additionally, ADEQ will develop an
online tool to summarize historic RACT determinations. The addition of the two remaining ADEQ RACT
determination sources would provide more flexibility in meeting the RACT obligations of the proposed
MCAQD NSR rules. Therefore, MCAQD should add these remaining two remaining ADEQ RACT
demonstration sources in the proposed revisions.
Response #4: Minor NSR Reasonably Available Control Technology (RACT) Determinations
With historical nonattainment areas, the department has implemented RACT as required by the Federal
CAA Sections 172(c)(1), 182, and 189. Each nonattainment area plan contains a RACT SIP and the
associated RACT rules. As a result, using general permits to establish RACT is not an option in Maricopa
County. For the unique process not subject to RACT, an applicant may propose RACT consistent with the
definition of “RACT” in Rule 100 that allows for RACT technology that may previously have been applied
to a similar, but not necessarily identical source category. The department processes 1 -2 such applications
per year and almost all utilize the provision in Rule 100. Consistent with the Maricopa County obligation
under A.R.S. § 49-480(B), the department is proposing to adopt NSR amendments that are substantially
identical to the ADEQ and EPA NSR programs for major sources and amendments that generally impose
no greater procedural burden than ADEQ’s procedures for minor sources. However, due to long-standing
nonattainment area federal requirements, Maricopa County’s permitting thresholds are lower than ADEQ’s
permitting thresholds. Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more
stringent than the rules adopted by ADEQ for similar sources unless it demonstrates compliance with the
applicable requirements of A.R.S. §49-112. Under § 49-112(A), the county may adopt a rule that is more
stringent than or in addition to a provision of A.R.S. Title 49 or an ADEQ rule under specific conditions
including peculiar local conditions, necessary to prevent a significant threat to public health or
environment, or required under a federal statute or regulation. The proposed rule amendments relating to
minor NSR included in this rulemaking are designed to address a lack of explicit procedures designed “to

assure that national ambient air quality standards are achieved,” as required by CAA § 110(a)(2)(C).
Maricopa County’s current minor source permitting rules require the inclusion of “[e]nforceable emission
limitations and standards, including operational requirements and limitations that ensure compliance with
all applicable requirements.” Rule 220, Section 302.2. They therefore satisfy the requirement in EPA’s
minor NSR rules to assure that minor sources do not violate “applicable portions of the control strategy.”
Maricopa County's permit rules for minor NSR impose no greater procedural burden than procedures for
the review, issuance, revision and administration of permits issued by the State. However, Maricopa
County's rules and procedures contain requirements specific to nonattainment area status, increment
consumption analysis and impacts on nearby nonattainment areas. These requirements result in permit
conditions that address the source's proximity to the PM10 and ozone nonattainment areas, specific
atmospheric and geographical conditions found at the source's location, control technology provisions
required by the CAA for nonattainment areas, and other control measures adopted into various
nonattainment SIPs for Maricopa County. Specifically, various SIPs for Maricopa County have required the
adoption of reasonably available control technology (RACT), best available control technology (BACT),
and most stringent measures (MSM) as required by CAA §§ 172, 182, 188, and 189.
Comment #5: Application Of RACT To Proposed Modifications
The ADEQ NSR rules propose at R18-2-334(C)(1) that RACT shall be implemented for each emissions
unit that will experience an increase in the potential to emit of a regulated minor NSR pollutant in an
amount greater than or equal to 20% of the permitting exemption threshold (i.e., not all emission sources at
a new source must address RACT). This provision allows the application of controls to the emissions unit
that contribute to the bulk of the site’s emissions and reduces the burden of either (1) applying control to
emissions units or (2) developing technical and economic infeasibility demonstrations for small emissions
units and spending permit engineering and processing resources on such demonstrations. The proposed
MCAQD NSR rules do not include such an allowance. As a result, all emissions units associated with a
modification may need to be considered for RACT demonstration. As discussed above, this could lead to
significant consumption of MCAQD permit engineering resources on smaller emission units with no
measurable improvement to county air quality. Due to the impact on MCAQD permit engineering
resources, other larger industrial sources with pending Title V and Non-Title V permit actions may
experience permit processing delays that could be detrimental to the county’s business and economic
advantage. Therefore, MCAQD should add a 20% threshold for the implementation of RACT on sources
experiencing emission increases greater than the proposed “Permitting Thresholds.”
Response #5: Application Of RACT To Proposed Modifications
Since Maricopa County’s numerous federally approved RACT rules contain applicability criteria that
determine when RACT must be applied, setting a general RACT threshold is not an option in Maricopa
County. Based on experience in administering the existing permit program, the department’s Permit

Engineering Division estimates that it will process approximately 100 applications for permits or permit
revisions subject to minor NSR per year. The Permit Engineering Division also estimates that on average
the additional time for processing the minor NSR components (applicability and air quality impact
analyses) of a permit or permit revision application will be 2 hours per application for SCREEN modeling
for ambient air quality assessment and 5 hours per application for reviewing refined modeling performed
by the source. The Permit Engineering Division further estimates that the department will perform
SCREEN modeling for the air quality impact assessment on approximately 95% of the permit applications
and will review the refined modeling performed by the source on approximately 5% of the permit
applications.
Comment #6: “NAAQS Compliance Assessment”
The new MCAQD NSR proposed rule at Rule 241, Section 308 “NAAQS Compliance Assessment” notes
that an ambient air quality assessment must demonstrate that new emissions would not interfere with
attainment or maintenance of the NAAQS. Such demonstration would require an evaluation of the impact
from the source or modification, as well as the addition of a representative background. For PM10 (which is
also a nonattainment pollutant), most of the monitors around Maricopa County register ambient
concentrations that exceed the NAAQS. As a result, MCAQD should define an alternate procedure in the
rule that can be executed when developing the ‘NAAQS Compliance Assessment” for nonattainment
pollutants. Furthermore, MCAQD does not currently have air dispersion modeling guidelines, although a
request for proposals (RFP #15076) for “Air Quality Dispersion Modeling Guideline Development” was
issued in July 2015. MCAQD must continue with the process of developing guidelines, allowing public
participation in the development of such guidelines, and allow the use of modeling guidelines from other
Arizona agencies, such as the ADEQ, in the interim.
Response #6: “NAAQS Compliance Assessment”
Thank you for the comment. The department is currently using ADEQ guidelines for major source
permitting. Recognizing that a Maricopa County-specific guideline would be necessary, the department
issued a request for proposal (RFP) for a small business user-friendly guideline as a supplement to the
ADEQ guideline providing Maricopa County-specific data and resources. The RFP also reflects the
department’s intent to hold public workshops on the draft document.
Comment #7: Timing Of Public Notice On Proposed Rules
The MCAQD “Report To The Board Of Health” indicates that “…the Department is reviewing its NSR
rules to make sure that whatever the EPA has disapproved in ADEQ’s NSR rules will be written in such a
way that it is approvable by the EPA in the department’s NSR rules.” (Per Report To The Board Of Health
To Initiate Regulatory Change, Prepared By The Maricopa County Air Quality Department, Case #/Title:

AQ-2013-005-New Source Review (NSR), Meeting Date: July 27, 2015) This implies that further revisions
could be made to the proposed MCAQD NSR rules as the ADEQ received the final “limited approval and
limited disapproval” on their NSR program on June 29, 2015, and further refinements to the ADEQ NSR
rules are in process. For example, ADEQ had proposed under R18-2-334 that an application may be
processed as a minor permit revision if the results of the SCREEN model show expected concentrations,
including background concentrations, are less than 75% of the applicable standard. MCAQD has a similar
proposal in their proposed NSR rules. The June 29, 2015 final EPA “limited approval and limited
disapproval” rejected ADEQ’s initial proposal. This is just one example of an issue that is expected to
affect the current draft of the MCAQD NSR rules. As a result, MCAQD should delay public notice of its
rule package until MCAQD can assess and incorporate all of the changes that ADEQ is implementing in
their rules to address the basis for EPA’s “limited disapproval”.
Response #7: Timing Of Public Notice On Proposed Rules
According to Arizona Revised Statutes § 49-471.07(C), “The Board of Supervisors shall not adopt a rule or
ordinance that is substantially different from the proposed rule or ordinance contained in the Notice of
Proposed Rulemaking…” Since the Notice of Proposed Rulemaking was published on July 31, 2015 (21
A.A.R. 1302), the department is proposing additional amendments to its NSR rules. The scope of the
amendments incorporate changes that ADEQ is implementing in their rules to address the basis for EPA’s
“limited disapproval” and to comport with federal regulations, e.g., clarify definitions so they more closely
match federal definitions, delete minor NSR rule provisions that allow certain permit revisions to be
processed as minor permit revisions and delete the 5 tpy lead threshold as it’s not required under federal
regulations. In addition to such amendments being described in Item #12 in this Draft Notice of Final
Rulemaking, such amendments are described in a Notice of Supplemental Proposed Rulemaking which will
be published in the Arizona Administrative Register on October 9, 2015; this will allow Stakeholders 30-
days to submit comments regarding such additional amendments. The 30-day comment period will close on
November 9, 2015.
Comment #8: Version Date For Dispersion Models
Pursuant to MCAQD proposed Rule 100, Section 200.111: “Screen Model: The AERSCREEN air
dispersion model published by the Administrator in April 2011 and available on the Support Center for
Regulatory Atmospheric Modeling website: http://www.epa.gov/ttn/scram.” It is to be noted that the
current applicable version of the AERSCREEN model is 15181, which was released by EPA in 2015. The
April 2011 version is no longer applicable. Since EPA releases updates to dispersion models on a frequent
basis, MCAQD’s rules should not identify the date of the model version to be used. MCAQD should adopt
ADEQ’s proposed definition of “Screening Model” meaning “air dispersion modeling performed with
screening techniques in accordance with 40 CFR 51 Appendix W.”

Response #8: Version Date For Dispersion Models
In Rule 100, Section 200.113 (Definition of “Screening Model”), the department is proposing to change the
definition of “screen model” to the definition of “screening model” so it is consistent with ADEQ’s NSR
rules R18-2-301(21) and to change the term as used in Rule 241, Section 308.1.
14. Other matters prescribed by statute that are applicable to the specific department or to any specific
rule or class of rules:
Not applicable
15. Incorporations by reference and their location in the rules:
Rule 240, Section 305.1: Subparts of 40 CFR 51.100; 40 CFR 51.166(p); 40 CFR 51.301; 40 CFR 52.21
Rule 240, Section 306.1: Subparts of 40 CFR 51.100(gg), (hh), (ii), (jj), and (kk)
Rule 510, Section 310: CFR references incorporated by reference in Appendix G
16. Were the rules previously emergency rules?
No
17. Full text of the rules follows:
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
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
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
200.76 200.86 PARTICULATE MATTER
200.77 200.87 PERMITTING AUTHORITY
200.88 PERMITTING THRESHOLD
200.78 200.89 PERSON
200.79 200.90 PHYSICAL CHANGE
200.91 PLANNING AGENCY
200.80 200.92 PM2.5
200.81 200.93 PM10
200.82 200.94 POLLUTANT
200.83 POLLUTION CONTROL PROJECT
200.84 200.95 PORTABLE SOURCE
200.85 200.96 POTENTIAL TO EMIT
200.86 200.97 PROPOSED PERMIT
200.87 200.98 PROPOSED FINAL PERMIT/PROPOSED FINAL PERMIT REVISION
200.99 PUBLIC NOTICE THRESHOLD
200.88 200.100 QUANTIFIABLE
200.89 200.101 REACTIVATION OF A VERY CLEAN COAL-FIRED ELECTRIC UTILITY STEAM
GENERATING UNIT
200.102 REASONABLE FURTHER PROGRESS
200.90 200.103 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)
200.91 200.104 REFERENCE METHOD
200.92 200.105 REGULATED AIR POLLUTANT
200.106 REGULATED MINOR NSR POLLUTANT
200.107 REGULATED NSR POLLUTANT

200.93 200.108 REGULATORY REQUIREMENTS
200.94 200.109 REPLICABLE
200.95 200.110 REPOWERING
200.96 REPRESENTATIVE ACTUAL ANNUAL EMISSIONS
200.97 200.111 RESPONSIBLE OFFICIAL
200.98 200.112 SCHEDULED MAINTENANCE
200.113 SCREENING MODEL
200.114 SECTION 302(J) CATEGORY
200.99 200.115 SIGNIFICANT
200.100 200.116 SOLVENT-BORNE COATING MATERIAL
200.101 200.117 SOURCE
200.102 200.118 SPECIAL INSPECTION WARRANT
200.103 200.119 STANDARD CONDITIONS
200.104 200.120 STATE IMPLEMENTATION PLAN (SIP)
200.105 200.121 STATIONARY SOURCE
200.122 SUBCONTRACTOR
200.106 200.123 SYNTHETIC MINOR
200.107 200.124 TEMPORARY CLEAN COAL TECHNOLOGY DEMONSTRATION PROJECT
200.108 200.125 TITLE V
200.109 200.126 TOTAL REDUCED SULFUR (TRS)
200.110 200.127 TRADE SECRETS
200.111 200.128 TRIVIAL ACTIVITY
200.112 200.129 UNCLASSIFIED AREA
200.113 200.130 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
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.
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:
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
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.
(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;
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 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, 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, 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:
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.

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.
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.
(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;
(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:
(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) 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:
(i) The source was capable 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
(ii) 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
(iii) 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.

(b) 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:
(i) 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
(ii) 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
(iii) 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) (6) 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) (7) 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) (8) 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) (9) 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 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.
(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 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
(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 5.0
(primary emissions only; levels for precursors are set below)
PM10 5.0
SO2 5.0
NOx 5.0
VOC 5.0
CO 5.0
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 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.
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
(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.
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.
200.75 200.85 OWNER AND/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

Maximum Capacity To Emit Emission Rate
Pollutant In Tons Per Year (TPY)
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.
200.79 200.90 PHYSICAL CHANGE: Any replacement, addition, or alteration of equipment that is not already
allowed under the terms of the source's permit.
200.91 PLANNING AGENCY: An organization designated by the governor pursuant to 42 U.S.C. 7504.
200.80 200.92 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.
200.81 200.93 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.
200.82 200.94 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.
200.84 200.95 PORTABLE SOURCE: Any stationary source that is capable of being transported and operated in
more than one county of this state.
200.85 200.96 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 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.
200.86 200.97 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.
200.87 200.98 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.
200.99 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
200.88 200.100 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.
200.89 200.101 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.
200.102 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.
200.90 200.103 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.
200.91 200.104 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.
200.92 200.105 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.
200.106 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.
200.107 REGULATED NSR POLLUTANT:

a. 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 pollutant for which a
national ambient air quality standard has been promulgated and any pollutant identified under
this definition as a constituent of or precursor to such pollutant, provided that such constituent or
precursor pollutant may only be regulated under NSR as part of the regulation of the general
pollutant. Precursors for purposes of NSR are the following:
(1) VOCs and nitrogen oxides are precursors to ozone in all areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all areas.
(3) Nitrogen oxides are precursors to PM2.5 in all areas.
(4) VOC and ammonia are precursors to PM2.5 in PM2.5 nonattainment areas.
b. For all other purposes, the pollutants identified in Section 200.107(a) of this rule and the
following:
(1) Any pollutant that is subject to any new source performance standard.
(2) Any Class I or II substance subject to a standard promulgated under or established by Title
VI of the Act as of July 1, 2011.
(3) Any pollutant that is otherwise subject to regulation under the Act, except greenhouse gases
as defined in 40 CFR 86, 1818-12(a).
c. Notwithstanding Sections 200.107(a) and (b) of this rule, the term regulated NSR pollutant
shall not include any or all hazardous air pollutants either listed in section 112 of the
Act or added to the list pursuant to section 112(b)(2) of the Act, unless the listed hazardous air
pollutant is also regulated as a constituent or precursor of a general pollutant listed under
Section 108 of the Act.
d. PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or
activity which condense to form particulate matter at ambient temperatures. On and after
January 1, 2011, condensable particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for PM2.5 and PM10 in permits issued
under Rule 240-Federal Major New Source Review (NSR) of these rules.
200.93 200.108 REGULATORY REQUIREMENTS: All applicable requirements, department rules, and all State
requirements pertaining to the regulation of air contaminants.
200.94 200.109 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.
200.95 200.110 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
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.
200.97 200.111 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.
200.98 200.112 SCHEDULED MAINTENANCE: Preventive maintenance undertaken in order to avoid a potential
breakdown or upset of air pollution control equipment.
200.113 SCREENING MODEL: Air dispersion modeling performed with screening techniques in
accordance with 40 CFR 51 Appendix W.
200.114 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.
200.99 200.115 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
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: 3.5 x 10-6
dibenzo-p-dioxins and 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 200.115(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 200.115(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).
200.100 200.116 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.
200.101 200.117 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.
200.102 200.118 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.
200.103 200.119 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.
200.104 200.120 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, programs and plans adopted by the Director and
submitted to and approved by the Administrator pursuant to 42 U.S.C. 7410.
200.105 200.121 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.
200.122 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.
200.106 200.123 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.
200.107 200.124 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.
200.108 200.125 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.
200.109 200.126 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.
200.110 200.127 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.
200.111 200.128 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.
(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 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.
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.
(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.
200.113 200.130 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 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 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 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 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 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 and submitted to the Control Officer shall be
retained by the owner and/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 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
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.
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
and/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 and/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 and/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 and /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:
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
and/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.
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.
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.
(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:
(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 and/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 the rule.
304.2 An owner and/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 305.11 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 305.4 of this rule, that emit more than 0.5 ton per year of hazardous air
pollutants (HAPs) and 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.
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 If a source is subject to one of the standards under Section 111 of the Act listed below and has a
maximum capacity to emit less than the permitting thresholds in Section 303.1 of this rule, then
the owner and/or operator of such source shall not be required to obtain a permit:
a. 40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines).
b. 40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines).
305.3 If a source is subject to one of the standards under Section 112 of the Act listed below and has a
maximum capacity to emit less than the permitting thresholds in Section 303.1 of this rule, then
the owner and/or operator of such source shall not be required to obtain a permit:
a. 40 CFR 61.145.
b. 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines).
c. 40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers).
d. 40 CFR 63, Subpart CCCCCC (Gasoline Distribution).
e. 40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating
Operations).
f. 40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources),
published at 76 FR 15554 (March 21, 2011).
g. A regulation or requirement under Section 112(r) of the Act.
305.4 Trivial activities.
305.5 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.
305.6 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.

305.7 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.
305.7 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.
305.8 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).
305.9 Laboratories And Pilot Plants: Lab equipment used exclusively for chemical and physical analyses.
305.10 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.
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.
305.11 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.
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 and/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 and/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 and/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 and/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 and/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 and/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.
(3) An owner and/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 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.
310.3 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 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.
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.
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.
(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 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:
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 and/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 and/or operator relocates the portable source in
Maricopa County, the owner and/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 and/or
operator of a portable source operates a portable source in Maricopa County, such owner and/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 and/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;
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 and/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
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.
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. 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 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. f. 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.
(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.
(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:
(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:
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 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.
(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;
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 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.
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.
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;
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
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:
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.
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.
(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 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
(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
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;

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;
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.
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 not 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:
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.
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.
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
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.
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.
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. Until such time
that a timely application is submitted, the source shall continue to comply with the previously
issued general permit coverage. Upon submittal of a timely application, the source shall comply
with the renewed permit. Failure to submit a timely application terminates the source’s right to
operate.
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.
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 and/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 and/or
operator provides written notification to the Control Officer and only if such changes do
not require the owner and/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.
312.3 An owner and/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
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;
(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;
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.
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:
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.
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-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.
(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.
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 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
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
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.
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.
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 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
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.
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 be in compliance with the applicable standards
for hazardous air pollutants contained in Section 112 of the Clean Air Act.
302.7 The new major source or major modification will comply with all applicable requirements of
Regulation III-Control of Air Contaminants.
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 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 the proposed or existing
source, 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 the requirements of 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/her approval or of his/her 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 and/or operator does not
commence the proposed construction within 18 months of issuance, or if during the construction,
the owner and/or operator suspends work for more than 18 months. The Control Officer may
extend the 18-month period once 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. Only 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 major stationary source. These provisions shall not be used to determine the quantity of
offsets required for a project subject to 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:
a. All emission reductions claimed as offset credit shall meet the applicable 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 and/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 applicable 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 of this rule for ozone nonattainment areas, the offset ratio of total actual emission
reductions of VOC or nitrogen oxides to the emission increases 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) 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 and/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 and/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
provided in 40 CFR 51.165(a)(6)(vi), that a project that is not part of a major modification, that
may result in a significant emissions increase of such pollutant and the owner and/or operator
elects to use the method specified in the definition of projected actual emissions in 40 CFR
51.165(a)(1)(xxviii)(B)(1) through (3) for calculating projected actual emissions. The owner
and/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 52.21(aa) 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 requirements 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
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 a major source or major
modification. 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 Sections 304.3 through 304.6 of this rule shall not apply to temporary
emissions units, such as pilot plants and portable facilities that will be relocated outside of the
nonattainment area, and the construction phase of a new 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 have an impact on
visibility in a Class I area shall provide the Control Officer with an analysis of the 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 51.307(c) 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 under 40 CFR
81.303. The intent of Section 305 of this rule is to incorporate the federal prevention of significant
deterioration (PSD) program requirements into Maricopa County Air Pollution Control Regulations by
incorporating the federal requirements by reference to the extent feasible.
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: “Adverse impact on visibility”,
“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), (i),
(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 an applicant
proposing to construct a new major source or proposing to make a major modification to an
existing major source that would be constructed in an area designated as attainment or
unclassifiable for any regulated NSR pollutant, unless the source or modification meets the
applicable provisions of 40 CFR 52.21 as incorporated by reference and the following provisions:
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 as
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)
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 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. The
provisions of this rule shall apply to:

102.1 The construction of any new Title V or Non-Title V source, except as provided in Section 103 of
this rule.
102.2 Any minor NSR modification to a Title V or Non-Title V source, except as provided in Section
103 of this rule.
102.3 A regulated minor NSR pollutant emitted by a new stationary source, if the source will have the
potential to emit that pollutant at an amount equal to or greater than the permitting threshold.
102.4 An increase in emissions of a regulated minor NSR pollutant from a minor NSR modification, if
the 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 and/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
and/or operator of a source proposing to construct a new source or make a minor NSR modification unless
such owner and/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.
301.2 304.2 Any modified stationary source if the modification causes an increase in the source’s maximum
capacity to emit emissions on any single day of 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 any 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 The selection of BACT shall address the control of each emission point for the subject pollutant at
a facility or the affected area in the case of a modification.
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 and/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 and/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.
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 and/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
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.
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

Maximum Allowable Increase
CLASS II (micrograms per cubic meter)
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:
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:

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)
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):
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 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.
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.
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.
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

EPISODE LEVEL CRITERIA
Pollutant Averaging Time Alert Warning Emergency
24-hr 282 565 750
Carbon Monoxide mg/m3 8-hr 17 (15 34 (20 46 (40 ppm)
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.
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
(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
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.
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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