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A. Every source with a Class I permit shall complete and submit to the control officer an annual emissions inventory questionnaire. The questionnaire is due by March 31st, or ninety days after the control officer makes the inventory form available, whichever occurs later, and shall include emission information for the previous calendar year. These requirements apply whether or not a permit has been issued and whether or not a permit application has been filed.
B. The questionnaire shall be on a form provided by or approved by the control officer and shall include the following information:
1. The source's name, description, mailing address, contact person and contact person phone number, and physical address and location, if different than the mailing address.
2. Process information for the source, including design capacity, operations schedule, and emissions control devices, their description and efficiencies.
3. The actual quantity of emissions from permitted emission points and fugitive emissions as provided in the permit, including documentation of the method of measurement, calculation or estimation determined pursuant to subsection C of this section of the following regulated air pollutants:
a. Any single regulated air pollutant in a quantity greater than one ton or the amount listed for the pollutant in the definition of "significant" in Section 17.04.340, whichever is less.
b. Any combination of regulated air pollutants in a quantity greater than 2.5 tons.
C. Actual quantities of emissions shall be determined using the following emission facts or data:
1. Whenever available, emissions estimates shall either be calculated from continuous emissions monitors certified pursuant to 40 CFR 75, Subpart C and referenced appendices, or data quality assured pursuant to Appendix F of 40 CFR 60.
2. When sufficient data pursuant to subsection (C)(1) of this section is not available, emissions estimates shall be calculated from data from source performance tests conducted pursuant to Section 17.11.210 in the calendar year being reported or, when not available, conducted in the most recent calendar year representing the operating conditions of the year being reported.
3. When sufficient data pursuant to subsection (C)(1) or (C)(2) of this section is not available, emissions estimates shall be calculated using emissions factors from EPA Publication No. AP-42 "Compilation of Air Pollutant Emission Factors," Volume I: Stationary Point and Area Sources, Fifth Edition, 1995, U.S. Environmental Protection Agency, Research Triangle Park, NC, including Supplements A through F and all updates published through July 1, 2011 (and no future editions). AP-42 is incorporated by reference and is on file with the Department of Environmental Quality and can be obtained from the Government Printing Office, 732 North Capitol Street, NW, Washington, D.C. 20401, telephone (202) 512-1800, or by downloading the document from the web site for the EPA Clearinghouse for Emission Inventories and Emission Factors.
4. When sufficient data pursuant to subsections (C)(1) through (C)(3) of this section is not available, emissions estimates shall be calculated from material balance using engineering knowledge of process.
5. When sufficient data pursuant to subsections (C)(1) through (C)(4) of this section is not available, emissions estimates shall be calculated by equivalent methods approved by the control officer. The control officer shall only approve methods that are demonstrated as accurate and reliable as the applicable method in subsections (C)(1) through (C)(4) of this section.
D. Actual quantities of emissions calculated under subsection C of this section shall be determined on the basis of actual operating hours, production rates, in-place process control equipment, operational process control data, and types of materials processed, stored or combusted.
E. An amendment to an annual emission inventory questionnaire, containing the documentation required by subsection (B)(3) of this section, shall be submitted to the control officer by any source whenever it discovers or receives notice, within two years of the original submittal, that incorrect or insufficient information was submitted to the control officer by a previous questionnaire. If the incorrect or insufficient information resulted in an incorrect annual emissions fee, the control officer shall require that additional payment be made or shall apply an amount as a credit to a future annual emissions fee. The submittal of an amendment under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty if the original submittal of incorrect or insufficient information was due to reasonable cause and not willful neglect.
F. The control officer may require submittal of supplemental emissions inventory questionnaires for air contaminants pursuant to A.R.S. § 49-476.01.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.320.
A. The owner or operator of any source shall report to the control officer any emissions in excess of the limits established by this chapter or the applicable permit. The report shall be in two parts as specified below:
1. Notification by telephone or facsimile within twenty-four hours of the time the owner or operator first learned of the occurrence of excess emissions that includes all available information from subsection B.
2. Detailed written notification by submission of an excess emissions report within seventy-two hours of the notification under subsection (A)(1).
B. The excess emissions report shall contain the following information:
1. The identity of each stack or other emission point where the excess emissions occurred;
2. The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions;
3. The time and duration or expected duration of the excess emissions;
4. The identity of the equipment from which the excess emissions emanated;
5. The nature and cause of the emissions;
6. The steps taken, if the excess emissions were the result of a malfunction, to remedy the malfunction and the steps taken or planned to prevent the recurrence of the malfunctions;
7. The steps that were or are being taken to limit the excess emissions; and
8. If the source's permit contains procedures governing source operation during periods of startup or malfunction and the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures.
C. In the case of continuous or recurring excess emissions, the notification requirements of this section shall be satisfied if the source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuant to subsections A and B.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.040.
A. Applicability. This rule establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies to all emission standards or limitations except for standards or limitations:
1. Promulgated pursuant to Section 111 or 112 of the Act,
2. Promulgated pursuant to Title IV or VI of the Clean Air Act,
3. Contained in any Prevention of Significant Deterioration (PSD) or New Source Review (NSR) permit issued by the U.S. E.P.A. or,
4. Included in a permit to meet the requirements of Section 17.16.590(A)(5).
B. Affirmative Defense for Malfunctions. Emissions in excess of an applicable emission limitation due to malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of Section 17.12.170 and has demonstrated all of the following:
1. The excess emissions resulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control of the operator;
2. The air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions;
3. If repairs were required, the repairs were made in an expeditious fashion when the applicable emission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to insure that the repairs were made as expeditiously as possible. If off-shift labor and overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable;
4. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;
5. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;
6. The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance;
7. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article I of Chapter 17.08 that could be attributed to the emitting source;
8. The excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned, and could not have been avoided by better operations and maintenance practices;
9. All emissions monitoring systems were kept in operation if at all practicable; and
10. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records.
C. Affirmative Defense for Startup and Shutdown.
1. Except as provided in subsection (C)(2), and unless otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to startup and shutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of Section 17.12.170 and has demonstrated all of the following:
a. The excess emissions could not have been prevented through careful and prudent planning and design;
b. If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property;
c. The source's air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions;
d. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;
e. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;
f. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article I of Chapter 17.08 that could be attributed to the emitting source;
g. All emissions monitoring systems were kept in operation if at all practicable; and
h. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records.
2. If excess emissions occur due to a malfunction during routine startup and shutdown, then those instances shall be treated as other malfunctions subject to subsection B.
D. Affirmative Defense for Malfunctions During Scheduled Maintenance. If excess emissions occur due to a malfunction during scheduled maintenance, then those instances will be treated as other malfunctions subject to subsection B.
E. Demonstration of Reasonable and Practicable Measures. For an affirmative defense under subsection B or C, the owner or operator of the source shall demonstrate, through submission of the data and information required by this section and Section 17.12.170, that all reasonable and practicable measures within the owner or operator's control were implemented to prevent the occurrence of the excess emissions.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.035.
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