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. Any permit containing an equivalency demonstration for an alternative emission limit submitted under Section 17.13.010(D) shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
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 17.11.190.
b. 40 CFR 64 as codified July 1, 2004, is incorporated by reference and on file with the control officer. This incorporation by reference contains no future editions or amendments. 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 such 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), monitoring that is commensurate with the size and rate of emission from each emission unit shall be established by the control officer. Recordkeeping provisions that are 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 17.11.190, where applicable, for the following:
a. Records of required monitoring information that includes 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.
6. 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.
7. Provisions stating the following:
a. The permittee shall comply with all conditions of the permit including all applicable requirements of 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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 logging that conforms to Section 17.13.110(B)(5). In addition, the notices shall describe how the increases and decreases in emissions will comply with the terms and conditions of the permit.
14. 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. Terms or conditions in a Class II or III permit setting forth federally applicable requirements; and
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 subsection (B)(1)(c)(i).
2. Terms and conditions included in a permit that are federally enforceable under the Act or under any of its applicable requirements will be specifically designated as such.
C. 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 source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions 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 (C)(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.
D. A permit issued to a source shall require that revisions be made under Section 17.13.150 to incorporate additional applicable requirements 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 17.13.160 for permit renewal and shall reset the five year permit term.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.185.