17.12.090   Facility changes allowed without permit revisions for Class I permits.
   A.   A facility with a Class I permit may make changes without a permit revision if all of the following apply:
      1.   The changes are not modifications under any provision of Title I of the Act (Air Pollution Prevention and Control) or under A.R.S. § 49-401.01(24);
      2.   The changes do not exceed the emissions allowable under the permit whether expressed therein as a rate of emissions or in terms of total emissions;
      3.   The changes do not violate any applicable requirements or trigger any additional applicable requirements;
      4.   The changes satisfy all requirements for a minor permit revision under Section 17.12.110; and
      5.   The changes do not contravene federally enforceable permit terms and conditions that are monitoring (including test methods), record keeping, reporting, or compliance certification requirements.
   B.   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 the substitution meets all of the requirements of subsections A, D and E.
   C.   Except for sources with authority to operate under general permits, permitted sources may trade increases and decreases in emissions within the permitted facility, as established in the permit under Section 17.12.040(A)(12), if an applicable implementation plan provides for the emissions trades without applying for a permit revision and based on the seven working days' notice prescribed in subsection D of this section. This provision is available if the permit does not provide for the emissions trading as a minor permit revision.
   D.   For each change under subsections A through C, a written notice, by certified mail or hand delivery, 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.
   E.   Each notification shall include:
      1.   When the proposed change will occur;
      2.   A description of the change;
      3.   Any change in emissions of regulated air pollutants;
      4.   The pollutants emitted subject to the emissions trade, if any;
      5.   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;
      6.   If the emissions trading provisions of the implementation plan are invoked, then the permit requirements with which the source will comply; and
      7.   Any permit term or condition that is no longer applicable as a result of the change.
   F.   The permit shield described in Section 17.11.080 shall not apply to any change made under subsections A through C. 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.
   G.   Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another as provided under Section 17.12.040(A)(11) shall not require any prior notice under this section.
   H.   Notwithstanding any other part of this section, 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 over the term of the permit, do not satisfy subsection A.
   I.   The control officer shall make available to the public monthly summaries of all notices received under this section.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.230.