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A. All Class I permits shall contain the following elements with respect to compliance:
1. The elements required by Sections 17.12.040(A)(3), (A)(4), and (A)(5).
2. Requirements for certifications of compliance with terms and conditions contained in a Class I permit, including emissions limitations, standards, and work practices. Permits shall include each of the following:
a. The frequency of submissions of compliance certifications, which shall not be less than annually.
b. The means to monitor the compliance of the source with its emissions limitations, standards, and work practices.
c. A requirement that the compliance certification include all of the following (the identification of applicable information may cross-reference the permit or previous reports, as applicable):
i. The identification of each term or condition of the permit that is the basis of the certification;
ii. The identification of the methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and other means shall include, at a minimum, the methods, and means required under Section 17.12.040(A)(3). If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with Section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;
iii. The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the methods or means designated in subsection (2)(c)(ii). The certification shall identify each deviation and take it into account in the compliance certification. For emission units subject to 40 CFR 64, the certification shall also identify as possible exceptions to compliance any period during which compliance is required and in which an excursion or exceedance defined under 40 CFR 64 occurred; and
iv. Other facts the control officer may require to determine the compliance status of the source.
d. A requirement that permittees submit all compliance certifications to the control officer. Class I permittees shall also submit compliance certifications to the administrator.
e. Additional requirements specified in Sections 114(a)(3) and 504(b) of the Act (Inspections, Monitoring and Entry or Permit Requirements and Conditions) or pursuant to Section 17.11.190.
3. A requirement for any document required to be submitted by a permittee, including reports, to contain a certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
4. Inspection and entry provisions that require that, upon presentation of proper credentials, the permittee shall allow the control officer to:
a. Enter upon the permittee's premises where a source is located or emissions-related activity is conducted, or records are required to be kept under the conditions of the permit;
b. Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit;
c. Inspect, at reasonable times, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;
d. Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements; and
e. Record any inspection by use of written, electronic, magnetic or photographic media.
5. A compliance plan that contains all the following:
a. A description of the compliance status of the source with respect to all applicable requirements;
b. A description as follows:
i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with requirements;
ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and
iii. For requirements for 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. A compliance schedule as follows:
i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;
ii. 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 provision, unless a more detailed schedule is expressly required by the applicable requirement;
iii. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. The 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. The schedule of compliance shall supplement, and shall not sanction noncompliance with, the applicable requirements on which it is based.
d. 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. The progress reports shall contain:
i. 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
ii. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventative or corrective measures adopted.
6. The compliance plan content requirements specified in subdivision (A)(5) 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 (Acid Deposition Control) and incorporated under Section 17.12.070 with regard to the schedule and each method the source will use to achieve compliance with the acid rain emissions limitations.
7. If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is required.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.220.
17.12.090 Facility changes allowed without permit revisions for Class I permits.
17.12.100 Administrative permit amendments for Class I permits.
17.12.110 Minor permit revisions for Class I permits.
17.12.120 Significant permit revisions for Class I permits.
17.12.130 Reopening, revocation, reissuance, or termination for Class I permits.
17.12.140 Permit renewal and expiration for Class I permits.
17.12.150 Transfers 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.
A. Except for provisions pursuant to Title IV of the Act (Acid Deposition Control), an administrative permit amendment is a permit revision that does any of the following:
1. Corrects typographical errors;
2. 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;
3. Requires more frequent monitoring or reporting by the permittee; and
4. Allows for a change in ownership or operational control of a source as approved under Section 17.12.150 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.
B. 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 (Acid Deposition Control).
C. The control officer shall take no more than sixty days from receipt of a request for an administrative permit amendment to take final action on such request, and for Class I permits may incorporate such changes without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this section.
D. The control officer shall submit a copy of Class I permits revised under this section to the administrator.
E. Except for administrative permit amendments involving a transfer under Section 17.12.150, the source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.245.
A. Minor permit revision procedures may be used only for those changes at a Class I source that satisfy all of the following:
1. Do not violate any applicable requirement;
2. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the permit;
3. Do not require or change a case-by-case determination of an emission limitation or other standard, or a source specific determination of ambient impacts, or a visibility or increment analysis;
4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an applicable requirement to which the source would otherwise be subject. The terms and conditions include:
a. A federally enforceable emissions cap that the source would assume to avoid classification as a modification under any provision of Title I of the Act (Air Pollution Prevention and Control),
b. An alternative emissions limit approved under regulations promulgated under the Section 112(i)(5) of the Act (Hazardous Air Pollutants);
5. Are not modifications under any provision of Title I of the Act (Air Pollution Prevention and Control);
6. Are not changes in fuels not represented in the permit application or provided for in the permit;
7. The increase in the source's potential to emit any regulated air pollutant is not significant as defined in Section 17.04.340; and
8. Are not required to be processed as a significant revision under Section 17.12.120.
B. As approved by the control officer, minor permit revision procedures may be used for permit revisions involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the minor permit revision procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the administrator.
C. An application for minor permit revision shall be on the standard application form contained in Title 18, Chapter 2, Appendix 1 of the A.A.C. and include the following:
1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;
2. For Class I sources, and any source that is making the change immediately after it files the application, the source's suggested proposed permit;
3. Certification by a responsible official, consistent with standard permit application requirements, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that the procedures be used;
D. EPA and Affected State Notification. For Class I permits, within five working days of 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 17.12.060.
E. The control officer shall follow the following timetable for action on an application for a minor permit revision:
1. For Class I permits, the control officer shall not issue a final permit revision until after the administrator's forty-five-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 the control officer may approve the permit revision before that time. Within ninety days of the control officer's receipt of an application under minor permit revision procedures, or fifteen days after the end of the administrator's forty-five-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 revision procedures in Section 17.12.120; or
d. Revise the proposed permit revision and transmit to the administrator the new proposed permit revision as required in Section 17.12.060.
F. The source may make the change proposed in its minor permit revision application immediately after it files the application. After the source makes the change allowed by the preceding sentence, and until the control officer takes any of the actions specified in subsection E, 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 source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it.
G. The permit shield under Section 17.11.080 shall not extend to minor permit revisions.
H. Notwithstanding any other part of this section, the control officer may require a permit to be revised under Section 17.12.120 for any change that, when considered together with any other changes submitted by the same source under this section over the life of the permit, do not satisfy subsection A for Class I sources.
I. The control officer shall make available to the public monthly summaries of all applications for minor revisions.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.255.
A. For Class I sources, a significant revision shall be used for an application requesting a permit revision that does not qualify as a minor permit revision or as an administrative amendment. A significant revision that is only required because of a change described in Section 17.12.110(A)(6) or (7) shall not be considered a significant permit revision under Part 70 for the purposes of 40 CFR 64.5(a)(2). Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or record keeping permit terms or conditions shall follow significant revision procedures.
B. Any modifications to major sources 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 revision procedures and any rules adopted under A.R.S. §§ 49-426.03 and 49-480.03.
C. Significant permit revisions shall meet all requirements of this chapter for applications, public participation, review by affected states, and review by the administrator that apply to permit issuance and renewal.
D. 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 eighteen months. Applications for which the control officer undertakes accelerated processing under Section 17.12.220 shall not be included in this requirement.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.260.
A. Reopening for Cause.
1. Each issued permit shall include provisions specifying the conditions under which the permit shall be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:
a. 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 eighteen 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 17.12.140(B). Any permit reopening required pursuant to this paragraph shall comply with provisions in Section 17.12.140 for permit renewal and shall reset the five-year permit term.
b. 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 Class I permit.
c. 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.
d. The control officer or the administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements.
2. 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 affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.
3. Reopenings under subdivision (A)(1) of this section shall not be initiated before a notice of such intent is provided to the source by the control officer at least thirty 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.
4. When a permit is reopened and revised pursuant to this section, the control officer may make appropriate revisions to the permit shield established pursuant to Section 17.11.080.
B. Within ten days of receipt of notice from the administrator that cause exists to reopen a Class I permit, the control officer shall notify the source. The source shall have thirty days to respond to the control officer. Within ninety days of receipt of notice from the administrator that cause exists to reopen a permit, or within any extension to the ninety days granted by EPA, the control officer shall forward to the administrator and the source a proposed determination of termination, revision, revocation or reissuance of the permit. Within ninety days of receipt of an EPA objection to the control officer's proposal, the control officer shall resolve the objection and act on the permit.
C. The control officer may issue a notice of termination of a permit issued pursuant to this title 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.
If the control officer issues a notice of termination under this section, 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. A notice of termination issued by the control officer shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to A.R.S. § 49-511 unless the person or persons named in such notice shall have made a timely request for a hearing before the hearing board.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.270.
A. A permit being renewed is subject to the same procedural requirements, including any for public participation and affected states and administrator review, that would apply to that permit's initial issuance.
B. Except as provided in Section 17.11.050, permit expiration terminates the source's right to operate unless a timely application for renewal that is sufficient under A.R.S. § 41-1064 has been submitted in accordance with Section 17.12.010. Any testing that is required for renewal shall be completed before the proposed permit is issued by the control officer.
C. The control officer shall act on an application for a permit renewal within the same time frames as on an initial permit.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.280.
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