A. Unless otherwise noted, this section applies to each source requiring a Class I permit or permit revision.
B. Standard Application Form and Required Information. To apply for any permit in this section, applicants shall complete the "Standard Permit Application Form" and supply all information required by the "Filing Instructions" as shown in Title 18, Chapter 2, Appendix 1 of the A.A.C.
C. A proposed emission limitation, control or other requirement that meets the requirements of Section 17.11.190.
D. Unless otherwise required by Section 17.11.050, a timely application is:
1. For purposes of permit renewal, a timely application is one that is submitted at least six months, but not greater than eighteen months, prior to the date of permit expiration.
2. For initial Phase II acid rain permits under Title IV of the Act and regulations incorporated pursuant to Section 17.12.070, one that is submitted to the control officer by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides.
3. Any existing source which becomes subject to a standard promulgated by the administrator pursuant to Section 112(d) of the Act (Hazardous Air Pollutants) shall, within twelve 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.
E. If 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.
F. A complete application is one that satisfies all of the following:
1. To be complete, an application shall provide all information required pursuant to subsection B of this section (standard application form section), except that applications for 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 subsection H of this section (section on certification of truth, accuracy, and completeness).
2. An application for a new permit or permit revision shall contain an assessment of the applicability of the requirements of Chapter 17.16, Article VIII. If the applicant determines that the proposed new source is a major source as defined in Section 17.04.340, or the proposed permit revision constitutes a major modification as defined in Section 17.04.340, then the application shall comply with all applicable requirements of Chapter 17.16, Article VIII.
3. Except for proposed new major sources or major modifications subject to the requirements of Chapter 17.16, Article VIII, an application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete unless within sixty days of receipt of the application, the control officer notifies the applicant by certified mail that the application is not complete.
4. If a source wishes to voluntarily enter into an emissions limitation, control or other requirement pursuant to Section 17.11.190, the 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.
5. 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 take final action on that application, the control officer may request such information in writing, delivered by certified mail and set a reasonable deadline for a response. Except for minor permit revisions as set forth in Section 17.12.110, a source's ability to operate without a permit, as set forth in this article, 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. If the control officer notifies an applicant that the application is not complete under subdivision 4 of this subsection, the application may not be deemed automatically complete until an additional sixty days after the next submittal by the applicant. The control officer may, after one submittal by the applicant pursuant to this subdivision, reject an application that is determined to be still incomplete and shall notify the applicant of the decision by certified mail. After a rejection under this subdivision, the control officer may deny or revoke an existing permit, as applicable.
6. The completeness determination shall not apply to revisions processed through the minor permit revision process.
7. Activities which are insignificant shall be listed in the application. The application need not provide emissions data regarding insignificant activities. If the control officer determines that an activity listed as insignificant is not insignificant, the control officer shall notify the applicant in writing and specify additional information required.
8. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the permitted facility 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.
9. The control officer is not in disagreement with a notice of confidentiality submitted with the application pursuant to A.R.S. § 49-487.
G. A source applying for a Class I permit that has submitted information with an application under a claim of confidentiality pursuant to A.R.S. § 49-432 and Section 17.11.070 shall submit a copy of such information directly to the administrator.
H. 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.
I. Certification of Truth, Accuracy, and Completeness. Any application form, report, or compliance certification submitted pursuant to this title shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this title shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
J. Action on Application.
1. The control officer shall issue or deny each permit according to the provisions of A.R.S. § 49-481. 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.
2. In addition, a permit may be issued, revised, or renewed only if all of the following conditions have been met:
a. The application received by the control officer for a permit, permit revision, or permit renewal shall be complete according to subsection F of this section.
d. The conditions of the permit shall require compliance with all applicable requirements.
e. For permits for which an application is required to be submitted to the administrator under Section 17.12.060(A) and to which the administrator has properly objected to its issuance in writing within forty-five days of receipt of the proposed final permit and all necessary supporting information from PDEQ, the control officer has revised and submitted a proposed final permit in response to the objection and EPA has not objected to this proposed final permit.
f. For permits to which the administrator has objected to issuance pursuant to a petition filed under 40 CFR 70.8(d), the administrator's objection has been resolved.
3. The control officer may issue a notice of termination of a permit issued pursuant to this chapter 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 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.
c. The terms and conditions of the permit have been or are being violated.
4. If the control officer issues a notice of denial or termination of a permit under this section, 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 a statement that the permit applicant or permittee is entitled to a hearing.
5. 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 any person who requests it, and for Class I permits, to the administrator.
6. Except as provided in 40 CFR 70.4(b)(11), Section 17.11.050 and Section 17.16.550, regulations promulgated under Title IV or V of the Act (Acid Deposition Control or Permits), or the permitting of affected sources under the acid rain program pursuant to Section 17.12.070, the control officer shall take final action on each permit application (and request for revision or renewal) within eighteen months after receiving a complete application.
7. Priority shall be given by the control officer to taking action on applications for construction or modification submitted pursuant to Title I, Parts C and D of the Act (Prevention of Significant Deterioration and Nonattainment Areas).
8. A proposed permit decision shall be published within nine months of receipt of a complete application and any additional information requested pursuant to subdivision (F)(5) of this section to process the application. The control officer shall provide notice of the decision as provided in Section 17.12.190 and any public hearing shall be scheduled as expeditiously as possible.
K. Requirement for a Permit. Except as noted under the provisions in Section 17.12.090 and Section 17.12.110, no source may operate after the time that it is required to submit a timely and complete application, except in compliance with a properly issued permit. However, if an existing 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 this article 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.
L. Application for Coverage Under Class I General Permit.
1. Once the director 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 for general permits, or if none has been adopted, the standard application form contained in Title 18, Chapter 2, Appendix 1, of the A.A.C.
2. For sources required to obtain a permit under Title V of the Act (Permits), 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.
3. The control officer shall give notice of the general permit application pursuant to Section 17.12.190.
4. The control officer shall act on the application for coverage under the general permit as expeditiously as possible, but a final decision shall be reached within one hundred eighty days. The source may operate under the terms of its application 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 one hundred eighty days of receipt of notice. The control officer may defer acting on an application under this subsection if the control officer has provided notice of intent to renew or not renew the permit.
5. Sources operating under a general permit shall apply to the director for the permit revisions pursuant to A.A.C. Title 18, Chapter 2, Article 5.
M. Class I General Permit Enforcement. The control officer shall administer, inspect and enforce all standards and applicable requirements contained in general permits issued by the director to sources operating in the county.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.160.