A. For the purposes of A.R.S. §§ 49-464(G) and 49-514(G), a "material permit condition" shall mean a condition that satisfies all of the following:
1. The condition is in a permit or permit revision issued by the director or the control officer after the effective date of this section;
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 for the installation or certification of a monitoring device,
c. A requirement for the installation of air pollution control equipment,
d. A requirement for the operation of air pollution control equipment,
e. An opacity standard required by Section 111 (Standards of Performance for New Stationary Sources) or Title I, part C or D (Air Pollution Prevention and Control) of the Act.
4. Violation of the condition is not covered by A.R.S. § 49-464 (A) through (F), or (H) through (J) or A.R.S. § 49-514 (A) through (F), or (H) through (J).
B. For the purposes of paragraphs (A)(3)(b), (c) and (d) of this section, a permit condition shall not be material where the failure to comply resulted from circumstances that were outside the control of the source. As used in this section, "circumstances outside the control of the source" shall mean circumstances where the violation resulted from a sudden and unavoidable breakdown of the process or the control equipment, resulted from unavoidable conditions during a start up or shut down or resulted from upset of operations.
C. For purposes of this section, the term "emission standard" shall have the meaning specified in A.R.S. §§ 49-514(T) and 49-464(U).
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.350.