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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.
A. A source with a Class II or Class III permit shall make the following changes only after the permit is revised following the public participation requirements of Section 17.13.210:
2. Making any change in fuel not authorized by the permit and that is not fuel oil or coal, to natural gas or propane;
3. A change to or addition of an emissions unit not subject to an emissions cap that will result in a net emission increase of a pollutant greater than the significance level in Section 17.04.340(A)(211);
4. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results from:
a. 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. A change in an applicable requirement.
5. A change that will cause the source to violate an existing applicable requirement including the conditions establishing an emissions cap;
6. A change that will require any of the following:
a. A case-by-case determination of an emission limitation or other standard;
b. A source-specific determination of ambient impacts, or a visibility or increment analysis; or
c. A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.
7. A change that requires the source to obtain a Class I permit.
B. 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.
C. When an existing source applies for a significant permit revision to revise its permit from a Class II or Class III permit to a Class I permit, it shall submit a Class I permit application for the entire source in accordance with Section 17.12.010. The control officer shall issue the entire permit, and not just the portion being revised, in accordance with Class I permit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in Section 17.12.060 and Section 17.13.210.
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 17.13.240(H) 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 17.13.160. Any permit reopening required pursuant to this paragraph shall comply with provisions in Section 17.13.160 for permit renewal and shall reset the five-year permit term.
b. 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.
c. 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. 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 17.13.010. 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.
A. Except as provided in A.R.S. § 49-483 and subsection B of this section, a permit may be transferred to another person if:
1. The person who holds the permit gives notice of the following to the control officer in writing at least thirty days before the proposed transfer:
a. The permit number and expiration date;
b. The name, address and telephone number of the current permit holder;
c. The name, address and telephone number of the organization to receive the permit;
2. The new owner gives notice of the following to the control officer in writing at least thirty days before the proposed transfer:
a. The name and title of the individual within the organization who is accepting responsibility for the permit along with a signed statement by that person indicating such acceptance;
b. A description of the equipment to be transferred;
c. A written agreement containing a specific date for transfer or permit responsibility, coverage, and liability between the current and new permittee;
d. Provisions for the payment of any fees pursuant to Article V of this chapter that will be due and payable before the effective date of transfer;
e. Sufficient information about the source's technical and financial capabilities of operating the source to allow the control officer to make the decision in subsection B of this section including:
i. The qualifications of each person principally responsible for the operation of the source,
ii. A statement by the chief financial officer of the new permittee that it is financially capable of operating the facility in compliance with the law, and the information that provides the basis for that statement,
iii. A brief description of any action for the enforcement of any federal or state law, rule or regulation, or any county, city or local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for operating the facility during the five years preceding the date of application. In lieu of this description, the new permittee may submit a copy of the certificate of disclosure or 10K form required under A.R.S. § 49-109, or a statement that this information has been filed in compliance with A.R.S. § 49-109.
B. The control officer shall deny the transfer if the control officer determines that the organization receiving the permit is not capable of operating the source in compliance with Article 3, Chapter 3, Title 49, Arizona Revised Statutes, the provisions of this title or the provisions of the permit. Notice of the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within ten working days of the control officer's receipt of the application. If the transfer is not denied within ten working days after receipt of the notice, it shall be deemed approved.
C. To appeal the transfer denial:
1. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and
2. The appeal process for a permit shall be followed.
D. 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 § 17.12.290.
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