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A. Once the director has issued a general permit, any source which is a member of the class of facilities covered by the general permit may apply to the control officer for authority to operate under the general permit. Applicants shall complete the specific application form for general permits, or if none has been adopted, the standard application form contained in Title 18, Chapter 2, Appendix 1, of the A.A.C.
B. The control officer shall give notice of the general permit application pursuant to Section 17.13.210.
C. The control officer shall act on the application for coverage under the general permit as expeditiously as possible, but a final decision shall be reached within one hundred eighty days. The source may operate under the terms of its application during that time. If the application for coverage is denied, the control officer shall notify the source that it shall apply for an individual permit within one hundred eighty days of receipt of notice. The control officer may defer acting on an application under this subsection if the control officer has provided notice of intent to renew or not renew the permit.
D. Sources operating under a general permit shall apply to the director for the permit revisions pursuant to A.A.C. Title 18, Chapter 2, Article 5.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.390.
17.13.100 Facility changes that require a permit revision for Class II or Class III permits.
17.13.110 Procedures for certain changes that do not require a permit revision for Class II or Class III permits.
17.13.120 Administrative amendments for Class II or Class III permits.
17.13.130 Minor revisions for Class II or Class III permits.
17.13.140 Significant revisions for Class II or Class III permits.
17.13.150 Reopening, revocation, reissuance, or termination for Class II or Class III permits.
17.13.160 Renewal and expiration for Class II or Class III permits.
17.13.170 Transfers for Class II or Class III permits.
A. The following changes at a source with a Class II or Class III permit shall require a permit revision:
1. A change that triggers a new applicable requirement, violates an existing applicable requirement, or is a modification under A.R.S. § 49-401.01(24).
2. Establishment of, or change in, an emissions cap;
3. A change that will require 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. A change that results in emissions that are subject to monitoring, recordkeeping or reporting under Sections 17.13.020(A)(3), (A)(4), or (A)(5). If the emissions cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;
5. A change that will authorize the burning of used oil, used oil fuel, hazardous waste, or hazardous waste fuel, or any other fuel not currently authorized by the permit;
6. A change that requires the source to obtain a Class I permit;
7. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better pollutant removal efficiency;
8. Establishment or revision of a limit under Section 17.11.190;
9. Increasing operating hours or rates of production above the permitted level; and
10. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results:
a. From removing equipment that results in a permanent decrease in actual emissions, if the source keeps on-site records of the change in a log that satisfies Sections 17.13.110(I)(1) and (I)(2) and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or
b. From a change in an applicable requirement.
B. A source with a Class II or Class III permit may make any physical change or change in the method of operation without revising the source's permit unless the change is specifically prohibited in the source's permit or is a change described in subsection A. A change that does not require a permit revision may still be subject to requirements in Section 17.13.120.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.235.
A. Except for a physical change or change in the method of operation at a Class II or Class III source requiring a permit revision under Section 17.13.100, or a change subject to logging or notice requirements in subsection B or C, a change at a Class II or Class III source shall not be subject to revision, notice, or logging requirements under this chapter.
B. Except as otherwise provided in the conditions applicable to an emissions cap created under Section 17.13.070, the following changes may be made if the source keeps onsite records of the changes according to subsection I below:
1. Implementing an alternative operating scenario, including raw material changes;
2. Changing process equipment, operating procedures, or making any other physical change if the permit requires the change to be logged;
3. Engaging in any new insignificant activity listed in Sections 17.04.340(A)(113)(a) through (i) but not listed in the permit;
4. Replacing an item of air pollution control equipment listed in the permit with an identical (same model, different serial number) item. The control officer may require verification of efficiency of the new equipment by performance tests; and
5. A change that results in a decrease in actual emissions if the source wants to claim credit for the decrease in determining whether the source has a net emissions increase for any purpose. The logged information shall include a description of the change that will produce the decrease in actual emissions. A decrease that has not been logged is creditable only if the decrease is quantifiable, enforceable, and otherwise qualifies as a creditable decrease.
C. Except as provided in the conditions applicable to an emissions cap created under Section 17.13.070, the following changes may be made if the source provides written notice to the department in advance of the change as provided below:
1. Replacing an item of air pollution control equipment listed in the permit with one that is not identical but that is substantially similar and has the same or better pollutant removal efficiency: Seven days. The control officer may require verification of efficiency of the new equipment by performance tests;
2. A physical change or change in the method of operation that increases actual emissions more than ten percent of the major source threshold for any conventional pollutant but does not require a permit revision: Seven days;
3. Replacing an item of air pollution control equipment listed in the permit with one that is not substantially similar but that has the same or better efficiency: Thirty days. The control officer may require verification of efficiency of the new equipment by performance tests;
4. A change that would trigger an applicable requirement that already exists in the permit: Thirty days unless otherwise required by the applicable requirement;
5. A change that amounts to reconstruction of the source or an affected facility: Seven days. For purposes of this subsection, reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceeds fifty percent of the fixed capital cost of a comparable entirely new source or affected facility and the changes to the components have occurred over the twelve consecutive months beginning with commencement of construction; and
6. A change that will result in the emissions of a new regulated air pollutant above an applicable regulatory threshold but that does not trigger a new applicable requirement for that source category: Thirty days. For purposes of this requirement, an applicable regulatory threshold for a conventional air pollutant shall be ten percent of the applicable major source threshold for that pollutant.
D. For each change under subsection C, the written notice shall be by certified mail or hand delivery and shall be received by the control officer the minimum amount of time in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided with less than required notice, 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. The written notice shall include:
1. When the proposed change will occur,
2. A description of the change,
3. Any change in emissions of regulated air pollutants, and
4. 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 this section, other than implementation of an alternate operating scenario under subsection (B)(1).
G. 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, constitutes a change under Section 17.13.100(A).
I. A copy of all logs required under subsection B shall be filed with the control officer within thirty days after each anniversary of the permit issue date. If no changes were made at the source requiring logging, a statement to that effect shall be filed instead.
1. Each log entry required by a change under Section 17.13.110(B) shall include at least the following information:
a. A description of the change, including:
i. A description of any process change.
ii. A description of any equipment change, including both old and new equipment descriptions, model numbers and serial numbers, or any other unique equipment number.
iii. A description of any process material change.
b. The date and time that the change occurred.
c. The provision of Section 17.13.110 that authorizes the change to be made with logging.
d. The date the entry was made and the first and last name of the person making the entry.
2. Logs shall be kept for five years from the date created. Logging shall be performed in indelible ink in a bound log book with sequentially numbered pages, or in any other form, including electronic format, approved by the control officer.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.240.
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 17.13.170 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.
D. Except for administrative permit amendments involving a transfer under Section 17.13.170, 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 shall be used for the following changes at a Class II or Class III source:
1. A change that triggers a new applicable requirement if all of the following apply:
a. For emissions units not subject to an emissions cap, the net emissions increase is less than the significant level defined in Section 17.04.340;
b. A case-by-case determination of an emission limitation or other standard is not required; and
c. The change does not require the source to obtain a Class I permit;
2. Increasing operating hours or rates of production above the permitted level unless the increase otherwise creates a condition that requires a significant permit revision;
3. A change in fuel from fuel oil or coal, to natural gas or propane, if not authorized in the permit;
4. A change that results in emissions subject to monitoring, recordkeeping, or reporting under Sections 17.13.020(A)(3), (A)(4), or (A)(5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;
5. A decrease in the emissions permitted under an emissions cap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and enforceable; and
6. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better efficiency.
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. 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. The control officer shall follow the following timetable for action on an application for a minor permit revision:
1. Within sixty days of the control officer's receipt of an application for a revision of a Class II or Class III permit under this section, 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 permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures pursuant to Section 17.13.140; or
d. Revise and issue the proposed permit revision.
E. 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 D, 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.
F. The permit shield under Section 17.11.080 shall not extend to minor permit revisions.
G. Notwithstanding any other part of this section, the control officer may require a permit to be revised under Section 17.13.140 for any change that, when considered together with any other changes submitted by the same source under this section or Section 17.13.110 over the life of the permit, or subsection A of this section.
H. 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.
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