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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.
A. Sources with a Class II or Class III permit shall complete an annual emission inventory questionnaire when requested by the control officer. The questionnaire is due ninety days after the control officer makes a written request and shall include emission information for the previous calendar year.
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.
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