A. Each permit issued shall include the following elements:
1. The date of issuance and the permit term.
2. Enforceable emission limitations and standards, including operational requirements and limitations that assure compliance with all applicable requirements at the time of issuance and those that have been voluntarily accepted under Section 17.11.190.
a. 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.
b. The permit shall state that, if an applicable requirement of the Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act (Acid Deposition Control), both provisions shall be incorporated into the permit and shall be enforceable by the administrator.
c. Any permit containing an equivalency demonstration for an alternative emission limit submitted under Section 17.12.010(D) shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
d. 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 Section 17.04.340.
3. Each permit shall contain the following requirements with respect to monitoring:
a. All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including:
i. Monitoring and analysis procedures or test methods under 40 CFR 64;
ii. Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act; and
iii. Monitoring and analysis procedures or test methods required under Section 17.12.080.
b. 40 CFR 64 adopted July 1, 2019 and no future editions or amendments, is incorporated by reference as applicable requirements and on file with the department and shall be applied by the department. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements not included in the permit as a result of the streamlining;
c. If the applicable requirement does not require periodic testing or instrumental or noninstrumental 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 subsection (A)(4). 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 17.12.080. Recordkeeping provisions may be sufficient to meet the requirements of this subsection; and
d. As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods.
4. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements including recordkeeping requirements established pursuant to Section 17.12.080, where applicable, for the following:
a. Records of required monitoring information that include the following:
i. The date, place as defined in the permit, and time of sampling or measurements;
ii. The date(s) analyses were performed;
iii. The name of the company or entity that performed the analyses;
iv. A description of the analytical techniques or methods used;
v. The results of such analyses; and
vi. The operating conditions as existing at the time of sampling or measurement.
b. 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.
a. 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 17.12.010(H) and Section 17.12.080(A)(5).
b. 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. Notice in accordance with subsection (E)(3)(d) of this section shall be considered prompt for purposes of this paragraph.
6. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act (Acid Deposition Control) or the regulations promulgated thereunder.
a. A permit revision is not required for increases in emissions that are authorized by allowances acquired under the acid rain program, if the increases do not require a permit revision under any other applicable requirement.
b. A limit shall not be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
c. Any allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act (Acid Deposition Control).
d. Any permit issued under the requirements of this Chapter and Title V of the Act (Permits) to a unit subject to the provisions of Title IV of the Act (Acid Deposition Control) shall include conditions prohibiting all of the following:
i. 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.
ii. Exceedances of applicable emission rates.
iii. Use of any allowance prior to the year for which it was allocated.
iv. Contravention of any other provision of the permit.
7. 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.
8. Provisions stating the following:
a. The permittee shall comply with all conditions of the permit including all applicable requirements of Arizona air quality statutes A.R.S. Title 49, Chapter 3, and Pima County air quality rules. Any permit noncompliance is grounds for enforcement action; for a permit termination, revocation and reissuance, or revision; or for denial of a permit renewal application. Noncompliance with any federally enforceable requirement in a permit is a violation of the Act.
b. 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 this permit.
c. 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 noncompliance does not stay any permit condition.
d. The permit does not convey any property rights of any sort, or any exclusive privilege to the permit holder.
e. 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, 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.
f. For any major source operating in a nonattainment area for all pollutants for which the source is classified as a major source, the source shall comply with reasonably available control technology.
9. A provision to ensure that the source pays fees to the control officer pursuant to A.R.S. § 49-426(E) and Article V of this chapter.
10. 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.
11. 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:
a. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;
b. Extend the permit shield described in Section 17.11.080 to all terms and conditions under each such operating scenario; and
c. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this title.
12. 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 facility, 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:
a. Shall include all terms required under subsections A and C of this section to determine compliance;
b. May extend the permit shield described in subsection D of this section to all terms and conditions that allow such increases and decreases in emissions;
c. Shall not include trading that involves emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emission trades; and
d. Shall meet all applicable requirements and requirements of this title.
13. 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 state's emissions inventory shall not reflect the zero emissions associated with the periods of downtime.
14. Upon request of a permit applicant, the control officer shall issue a permit that contains 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 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 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 paragraph 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 provide for Class I Sources, for notice that conforms to Sections 17.12.090(D) and (E). In addition, the notices for Class I sources shall describe how the increases and decreases in emissions will comply with the terms and conditions of the permit.
15. Other terms and conditions as are required by the Act, A.R.S. Title 49, Chapter 3, Articles 1, 2 and 3 and the rules adopted in Title 17.
B. Federally Enforceable Requirements.
1. The following permit conditions shall be enforceable by the administrator and citizens under the Act:
a. Except as provided in paragraph (B)(2) of this subsection, all terms and conditions in a Class I permit, including any provision designed to limit a source's potential to emit;
b. Terms and conditions in any permit entered into voluntarily pursuant to Section 17.11.190, as follows:
i. Emissions limitations, controls or other requirements; and
ii. Monitoring, recordkeeping and reporting requirements associated with the emissions limitations, controls or other requirements in subdivision (b)(i) of this subparagraph.
2. Notwithstanding subsection (B)(1)(a), the control officer shall specifically designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements.
C. Each permit shall contain a compliance plan that meets the requirements of Section 17.12.080.
D. Each permit shall include the applicable permit shield provisions set forth in Section 17.11.080.
E. Emergency Provision.
1. An "Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, that require immediate corrective action to restore normal operation and that causes the sources to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emission attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.
2. An emergency constitutes an affirmative defense to an action brought for noncompliance with the technology-based emission limitations if the conditions of subsection (E)(3) are met.
3. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An emergency occurred and that the permittee can identify the cause or causes of the emergency;
b. At the time of the emergency, the permitted facility was being properly operated;
c. During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other requirements in the permit; and
d. The permittee submitted notice of the emergency to the control officer by certified mail or hand delivery within two working days of the time when emission limitations were exceeded due to the emergency. This notice shall contain a description of the emergency, any steps taken to mitigate emissions, and corrective action taken.
4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
5. This provision is in addition to any emergency or upset provision contained in any applicable requirement.
F. A Class I permit issued to a major source shall require that revisions be made under Section 17.12.130 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 reopening shall be required if the effective date of the applicable requirement is after the expiration of the permit. The revisions shall be made as expeditiously as practicable, but not later than eighteen months after the promulgation of such standards and regulations. Any permit revision required pursuant to this subsection shall comply with provisions in Section 17.12.140 for permit renewal and shall reset the five-year permit term.
(Ord. 2019-28 § 3 (part), 2019; Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.180.