A. This section applies to each source requiring a Class II or Class III 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" developed by the control officer. At a minimum an application must include the following:
1. The applicable requirements to which the source may be subject.
2. A statement or evidence that the source is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting, or without causing to be emitted, air contaminants in violation of the provisions of A.R.S. Title 49, Chapter 3, Article 3, and this Title.
3. The fees to which the source may be subject.
4. A proposed emission limitation, control or other requirement that meets the requirements of Section 17.11.190.
C. Unless otherwise required by Section 17.11.050, a timely application is:
1. For a source applying for a permit for the first time, one that is submitted within twelve months after the source become subject to the permit program.
2. For purposes of permit renewal, one that is submitted at least six months, but not greater than eighteen months prior to the date of permit expiration.
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 new standard.
D. 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.
E. 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 a 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, 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.
3. If a source wishes to voluntarily enter into an emission 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 the proposed associated monitoring, recordkeeping, and reporting requirements necessary to demonstrate that the emission limitation, control, or other requirement is permanent, quantifiable, and otherwise enforceable as a practical matter.
4. 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 mail and set a reasonable deadline for a response. Except for minor permit revisions as set forth in Section 17.13.130, 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 3 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/on 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.
5. The completeness determination shall not apply to revisions processed through the minor permit revision process.
6. If a permit applicant request 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.
7. The control officer is not in disagreement with a notice of confidentiality submitted with the application pursuant to A.R.S. § 49-487.
F. The control officer, either upon the control officer's own initiative or the request of a permit applicant, may waive a requirement that specific information or data be submitted in the application for a particular source if the control officer determines that the information or data would be unnecessary to determine the sources potential emissions, applicable requirements, or air pollution control equipment effectiveness.
G. 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 fact 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 files a complete application, but prior to release of a proposed permit.
H. Certification of Truth, Accuracy, and Completeness. Any application form or report 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.
I. 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 E of this section.
c. The conditions of the permit shall require compliance with all applicable requirements.
d. For Class II or Class III permits that contain voluntary emission limitations, controls, or other requirements established pursuant to Section 17.11.190, the control officer shall have complied with the requirement of subsection C of Section 17.11.190 to provide the administrator with a copy of the proposed permit.
3. The control officer may issue a notice of termination of a permit issued pursuant to this section 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.
6. 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. A proposed permit decision shall be published within nine months of receipt of a complete application and any additional information requested pursuant to subdivision (E)(4) of this section to process the application. The control officer shall provide notice of the decision as provided in Section 17.13.210 and any public hearing shall be scheduled as expeditiously as possible.
J. Requirement for a Permit. Except as noted under the provisions in Section 17.13.110 and Section 17.13.130, no source may operate after the time that 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.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.165.