U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 251
Air Pollution Regulations in State
Implementation Plans: Arizona
Abcor Inc., Wilmington, MA. Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290251
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-052
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Arizona
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
.J
[/" (. c - •> -
p°ni '. r f -•—
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1 REPORT NO.
EPA-450/3-78-052
3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Arizona
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7 AUIHOH(:>)
B. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer:
Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air duality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
3.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
iclassified
21.
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-052
Air Pollution Regulations
in State Implementation Plans
Arizona
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978 \-f\
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-052
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
doc'jir.ent are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was cither approved or disapproved by FPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
Submittal Date
5/30/72
1/28/74
2/19/74
3/19/74
9/27/74
2/20/75
9/30/76
ARIZONA
Approval Date
7/27/72
9/19/77
9/19/77
9/19/77
9/19/77
5/11/77
7/19/77
Description
All State & Local Regs.
Reg. Ill Rule 31E
for Maricopa County
Reg. R9-3-107
for the State
Reg. II Rule 2B
for Pi ma County
Reg. R9-3-104,
R9-3-801, R9-3-802,
R9-3-803, R9-3-1203,
R9-3-1204, R9-3-1205,
R9-3-1206, R9-3-1207,
R9-3-1309
for the State
Reg. I Rule 2,4D,
4E, 40, 8G, 16C,
29, 30
for Pi ma County
Reg.I Rule 2; Reg. II
Rule 7, 26; Reg. VI;
Reg. VII; Reg. VIII;
for Pi ma County
Note: Reg. II Rule 7
A2, A3, A4, A5, are
disapproved
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DOCUMENTATION OF CURRENT ERA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(15.0)
0.0)
(2.0)
(13.0)
(15.0)
(51.13)
(4.1)
(4.2)
(4.4)
(4.6)
(4.5)
(4.3)
(2.0)
(2.0)
(50.1.2)
(50.7)
(51.9)
(51.20)
(51.5)
(50.1.1)
(51.11)
(51.6)
STATE
Section Number
R- 9- 3- 101
R9-3-102
R9-3-103
R9-3-104
R9-3-105
R9-3-107
R9-3-201
R9-3-202
R9-3-203
R9-3-204
R9-3-205
R9-3-206
R9-3-207
R9-3-208
R9-3-301
R9-3-302
R9-3-303
R9-3-304
R9-3-305
R9-3-306
R9-3-401
R9-3-402
REGULATIONS
Title
Policy and Legal Authority
Definitions
Air Pollution Prohibited
Recordkeeping and Reporting
Enforcement
Unlawful Open Burning
Non-Specific Particulate
Sulfur Dioxide
Non-Methane Hydrocarbons
Photochemical Oxidants
Carbon Monoxide
Nitrogen Dioxide
Evaluation
Anti -degradation
Visible Emissions
Fugitive Dust
Incineration
Wood Waste Burners
Fuel-Burning Equipment
Process Industries
Copper Smelters
Fuel Burning Installations
Page
1
1
6
6
7
7
8
8
8
8
8
9
9
9
9
9
10
10
10
11
13
15
VIII
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Revised Standard
Subject Index
(51.14)
(51.18)
(50.7)
(51.16)
(51.16)
(51.16)
(50.4)
(50.5)
(51.7)
(51.10)
(15.0)
(15.0)
(15.0)
(15.0)
(12.0)
(12.0)
(12.0)
(12.0)
Section Number
R9-3-403
R9-3-404
R9-3-405
R9-3-501
R9-3-502
R9-503
R9-3-504
R9-3-601
R9- 3-701
R9-3-702
R9- 3-801
R9- 3-802
R9-3-803
R9-3-901
R9-3-902
R9-3-903
R9-3-904
R9-3-905
(12.0)
R9-3-906
Title Page
Sulfite Pulp Mills 15
Sulfuric Acid Plants 15
Other Industries 16
Storage of Volatile Organic 16
Compounds
Loading of Volatile Organic 16
Compounds
Pumps and Compressors 17
Organic Solvents; Other Volatile 17
Compounds
Industrial 17
Fuel Burning Equipment 17
Nitric Acid Plants 18
Original State Jurisdiction 18
and Control
Assertions of Jurisdiction 18
Delegation of Authority to a 19
County or a Multi-County Air
Quality Control Region
Policy and Legal Authority 19
Vehicular Testing and Control 19
Program
Exhaust Emission Standards 20
Retesting; Violations 21
Visible Emissions; Gasoline 21
Powered
Visible Emissions; Diesel 21
Powered
IX
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Revised Standard
Subject Index
(50.4)
(50.4)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
Section Number Title
R9-3-907
R9-3-908
R9- 3-1203
R9-3-1204
R9-3-1205
R9-3-1206
R9-3-1207
R9-3-1209
PIMA COUNTY AIR
Gasoline Volatility Testing and
Control Program
Gasoline Volatility Standards
Revocation, Suspension or
Modification of Installation
and Operating Permits
Page
22
22
22
Permit Nontransferable; Exception 23
Posting of Permit
Notice by Building Permit
Agencies
Equipment Covered
Permit Fees
POLLUTION CONTROL DISTRICT
23
23
24
24
Revised Standard
Subject Index Reg-Rule Number Title Page
(15.0) Reg I Rule 1 Emissions Regulated; Policy; 25
Legal Authority
(1.0) Rule 2 Definitions 25
(2.0) Rule 3 Standard Conditions 30
(3.0) Rule 4 Permits; Exceptions; Applica- 30
tions; Fees
(3.0) Rule 5 Applications for Permits 36
(16.0) Rule 6 Appeals to Hearing Board 37
(3.0) Rule 7 Nontransferable: Expiration 37
(3.0) Rule 8 Permit Revocation 37
(3.0) Rule 9 Posting of Permit 38
(3.0) Rule 10 Notice of Building Permit 38
Agencies
-------
Revised Standard
Subject Index
(13.0)
(15.0)
(16.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(16.0)
(16.0)
(16.0)
(16.0)
(15.0)
(2-0)
(15.0)
(2.0)
(2.0)
(3.0)
(3.0)
Reg-Rule Number
Rule 11
Rule 12
Rule 13
Rule 14
Rule 15
Rule 16
Rule 17
Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23
Rule 24
Rule 25
Rule 26
Rule 27
Rule 28
Rule 29
Title
Classification and Reporting
Violations; Order of Abatement;
Time for Compliance
Hearings on Orders of Abatement
Conditional Permit; Standards
Petition for Conditional Permit;
Publication; Public Hearing
Decisions on Petitions for
Conditional Permit; Terms and
Conditions of Conditional Permit
Term of Conditional Permit
Suspension and Revocation of
Conditional Permit
Decisions of Hearing Board;
Subpoenas; Effective Date
Judicial Review; Grounds;
Procedures
Notice of Hearing; Publication;
Service
Hearing Board Fees
Induction Relief
Precedence of Actions
Misdemeanor; Penalty
Defenses
Preservation of Rights
Filing Fees
Permit Fees
Page
39
40
40
40
41
41
41
42
42
42
43
44
44
44
44
44
45
45
45
XI
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Revised Standard
Subject Index Reg-Rule Number Title Page
(3.0) Rule 30 Equipment Fees 47
(9.0) Rule 31 Emissions Test Fee 51
(9.0) Rule 32 Testing and Sampling Facilities 52
(50.1.2) Reg II Rule "I Visible Emissions 53
(50.1) Rule 2 Emissions of Particulate Matter 54
(50.6) Rule 3 Emissions of Gases, Vapors, 57
Fumes or Odors
(51.16) Rule 4 Storage and Handling of 58
Petroleum Products
(50.4) Rule 5 Organic Solvents 59
(51.8) Rule 6 Operation of Asphalt Kettles 59
(51.6) Rule 7 Emissions Limitations, Fuel 59
Burning Equipment
(51.13) Rule 8 Open Burning 60
(7.0) Rule 9 Malfunction of Equipment 62
(2.0) Rule 10 Circumvention 62
(2.0) Rule 11 Exceptions 62
(8.0) Reg III Rule 1 Emergencies 63
(2.0) Reg IV Rule 1 Effective Date for Rules and 63
Regulations
(2.0) Reg V Severability Clause 63
(4.0) Reg VI Ambient Air Quality Standards 64
(10.0) Reg VII Standards of Performance for 66
New Stationary Sources
(11.0) Reg VIII Emissions Standards for 68
Hazardous Air Pollutants
XII
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MARICOPA COUNTY HEALTH CODE
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(50.1.2)
(50.1)
(50.6)
(51.16)
(50.4)
(51.9)
(13.0)
(9.0)
(9.0)
(16.0)
(51.13)
Reg-Rule Number
Reg I Rule 1
Rule 2
Rule 3
Reg II Rule 20
Rule 21
Rule 22
Rule 23
Rule 24
Rule 25
Rule 26
Reg III Rule 30
Rule 31
Rule 32
Rule 33
Rule 34
Rule 35
Reg IV Rule 40
Rule 41
Rule 42
Rule 43
Reg V Rule 50
Title
«M^B»W^HB -
Emissions Regulated; Policy;
Legal Authority
Definitions
Air Pollution Prohibited
Permits Required
Permit Conditions
Permit Denial-Action-Transfer-
Pos ti ng-Revocati on-Compl i ance-
Expi ration
Permit Classes
Installation Permit Fees
Annual Operating Permit Fees
Portable Equipment
Visible Emissions
Emissions of Particulate Matter
Odors and Gaseous Emissions
Storage and Handling of
Petroleum Products
Organic Solvents
Incinerators
Production of Records
Monitoring
Testing and Sampling
Right of Inspection
Open Outdoor Fires
Page
69
69
73
73
74
74
76
77
77
82
83
83
83
85
86
89
91
91
91
92
93
XIII
-------
Revised Standard
Subject Index
(2.0)
(2.0)
(15.0)
(16.0)
(3.0)
(16.0)
(3.0)
(16.0)
(16.0)
(15.0)
(15.0)
(8.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(50.2)
(50.1)
(10.0)
Reg- Rule Number
Rule 51
Rule 52
Rule 53
Reg VI Rule 60
Rule 61
Rule 62
Rule 63
Rule 64
Rule 65
Rule 66
Rule 67
Reg VII Rule 70
Reg VIII Rule 80
Rule 81
FEDERALLY
Section Number
52.125
52.126
52.129
Title
Exceptions
Conditions
Notice to Appear
Order of Abatement: Hearings
Conditional Permit: Petition
for Conditional Permit
Appeals to the Hearing Board
Decisions on Petitions for
Conditional Permit: Terms and
Conditions of Conditional Permit
Decisions of Hearing Board;
Subpoenas; Effective Date
Notice of Hearing; Publication;
Service
Injunctive Relief
Misdemeanor; Penalty
Emergency Measures
Validity
Operation
PROMULGATED REGULATIONS
Title
Control Strategy: Sulfur
Oxides
Control Strategy and Regula-
tions: Parti cul ate Matter
Review of New Sources and
Page
93
94
94
95
96
96
96
97
98
98
98
99
100
100
Page
102
104
107
Modifications
XIV
-------
Revised Standard
Subject Index Section Number Title Page
(10.0) 52.129 Review of New or Modified 114
Indirect Sources
(9.0)(13.0) 52-130 Source Surveillance 124
(12.0)(6.0) 52.132 Transportation Control 125
Compliance Schedule
(6.0) 52.134 Federal Compliance Schedule 128
(12.0) 52.137 Employer Carpool Incentive 129
Program
(12.0) 52.138 Bus/Carpool Matching Program 132
(12.0) 52.140 Monitoring Transportation 134
Trends
(17.0) 52.144 Prevention of Significant 136
Deterioration
XV
-------
FEDERAL REGULATIONS
Section Number Description
52.125 Control Strategy and Regulations:
Sulfur Oxides
52.126 Control Strategy and Regulations:
Particulate Matter
52.129 Review of New Sources and Modifications
52.129 Review of New or Modified Indirect Sources
52.130 Source Surveillance
52.132 Transportation Control Compliance Schedule
52.134 Federal Compliance Schedule
52.137 Employer Carpool Incentive Program
52.138 Bus/Carpool Matching Program
52.140 Monitoring Transportation Trends
52.144 Prevention of Significant Deterioration
XVI
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ARIZONA STATE DEPARTMENT OF HEALTH
PHOENIX, ARIZONA
SEC. 1. REPEAL
Part 7-1, Rules and Regulations for Air Pollution Control
the Arizona" State Department of Health Rules and Regulations
is repealed.
SEC. 2. The Arizona State Department of Health Rules and Regulations
are amended by adding a new Part 7-1 to read:
Rules and Regulations
For
Air Pollution Control
ARTICLE 1. GENERAL
(15.0) SEC.R9-3-101 POLICY AND LEGAL AUTHORITY
A. The intent of these regulations is to control, reduce, remove or prevent
air pollution in all its forms, including all air contaminants defined in
this section, originating within the State of Arizona.
B. These regulations are adopted pursuant to the authority granted by 36-1707
and 36-1717, Arizona Revised Statutes.
(1.0) SEC.R9-3-102 DEFINITIONS
A. In these regulations, unless the context otherwise requires:
1. "Air contaminants" includes smoke, vapors, charred paper, dust, soot,
grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol
droplets, odors, particulate matter, windborne matter, radioactive
materials, or noxious chemicals, or any other material in the outdoor
atmosphere.
2. "Air pollution" means the presence in the outdoor atmosphere of one
or more air contaminants or combinations thereof in sufficient quan-
tities, which either alone or in connection with other substances
by reason of their concentration and duration, are or tend to be
injurious to human, plant or animal life, or cause damage to property,
or unreasonably interferes with the comfortable enjoyment of life or
property of a substantial part of a community, or obscures visibility,
or which in any way degrades the quality of the ambient air below the
standards established by the board of health.
3. "Air pollution control equipment" means equipment used to eliminate,
reduce, or control the discharge of air contaminants into the ambient
air.
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4. "Air pollution source" means any physical facility, arrangement,
device, contrivance, condition, or structure which may emit con-
taminants.
5. "Ambient air" means that portion of the atmosphere, external to
buildings, to which the general public has access.
6. "ASME" means American Society of Mechanical Engineers. All ASME
test methods referenced as guides in these rules and regulations
shall be the most current methods.
7. "ASTM" means American Society for Testing and Materials. All ASTM
test methods referenced as guides in these rules and regulations
shall be the most current methods.
8. "Btu" means British thermal unit which is the quantity of heat
required to raise the temperature of one pound of water one degree
Fahrenheit.
9. "Closed loop operational control" means the rapid curtailment or
cessation of smelter emissions in order to prevent the occurrence
of ambient air concentrations in excess of the standards prescribed
in Article 2. A closed loop system is composed of:
a. Continuous air sampling and analyzing equipment in eight or more
locations for effective monitoring of smelter emissions. The
sampler sites shall be located at points of maximum concentra-
tion as determined by diffusion modeling procedures.
b. Communications adequate to alert the smelter and the division
to one or more predetermined pollutant levels requiring specified
remedial actions at the smelter.
c. Procedures capable of effecting rapid emission curtailment or
cessation.
d. A procedure to report the incident to the division including
information on pollutant levels, local meteorology, smelter op-
eration at the time of the incident, and smelter operational
response.
10. "Combustion" means the burning of matter.
11. "Department" means the state department of health.
12. "Director" means the director of the division of air pollution control
13. "Discharge" means the release, escape, or emission of an effluent
into the ambient air.
14. "Division" means the division of air pollution control within the
state department of health.
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15. "Dust" is finely divided solid particulate matter occurring naturally
or created by mechanical processing, handling, or storage of materials
in the solid state.
16. "Effluent" is any material which is emitted and subsequently escapes
into the ambient air.
17. "Emission" means the act of passing into the atmosphere an air con-
taminant or a gas stream, visible or invisible.
18. "Equivalent opacity scale" means a measurement index for ranking
plumes in terms of opacities equivalent to opacities of the Ringelmann
Scale using percent opacity as the unit of measurement.
19. "Existing source" means any source which is not a new source.
20. "Fuel" means any material which is burned for the purpose of pro-
ducing energy.
21. "Fugitive dust" means uncontrolled dust.
22. "Fume" means solid particulate matter resulting from the condensation
and subsequent solidification of vapors of melted solid materials.
23. "Gasoline" means any petroleum distillate having a Reid vapor pres-
sure of four pounds or more.
24. "Hearing Board" means the state air pollution control hearing board. .
25. "Heat input" is the quantity of heat in terms of Btu's generated by
fuels fed into fuel burning equipment under conditions of complete
combustion.
26. "Incinerator" means any equipment, machine, device, contrivance, or
other article and all appurtenances thereof used for the distruction
by burning of refuse, salvage material, or any other combustible
material.
27. "Motor vehicle" means any self-propelled vehicle designed for trans-
porting persons or property on public highways.
28. "New source" means any source of air pollution or potential source
of air pollution, the construction or modification of which was com-
menced after the effective date of Federal Standards appropriately
applicable to such new source. For purposes of this definition, the
following terms shall have the meanings specified:
a. "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a binding agreement or con-
tractual obligation to undertake and complete, within a reason-
able time, a continuous program of construction or modification.
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b. "Construction" means fabrication, erection, or installation of
an affected facility.
c. "Modification" means any physical change in, or change in the
method of operation of, an affected facility which increases
the amount of any air pollutant (to which a standard applies)
emitted by such facility or which results in the emission of
any air pollutant (to which a standard applies) not previously
emitted; except that:
(1) Routine maintenance, repair and replacement shall not be
considered physical changes, and
(2) The following shall not be considered a change in the method
of operation:
(a) An increase in the production rate, if such increase
does not exceed the operating design capacity of the
affected facility;
(b) An increase in hours of operation;
(c) Use of an alternative fuel or raw material if prior to
the effective date of the appropriately applicable
Federal Standards, the affected facility was designed
to accommodate such alternative use.
29. "Opacity"means the degree of obscuration of transmitted light.
30. "Operation" means any physical or chemical action resulting in the
change in location, form, physical properties, or chemical character
of a material.
31. "Particulate matter" means any finely divided liquid or solid material,
other than uncombined water, as measured by Method 5 described in 40
Code of the Federal Regulations, Part 60, dated December 23, 1971 or
by an approved equivalent ASME testing procedure.
32. "Percent opacity" means a unit of measurement shown on the equivalent
opacity scale.
33. "Permanent production curtailment" means reduction of sulfur input
on a continuing basis.
34. "Person" includes any public or private corporation, company, part-
nership, firm, association or society of persons, the federal govern-
ment and any of its departments or agencies, the state and any of its
agencies, departments or political subdivisions, as well as a natural
person.
35. "Plume" means a visible effluent.
36. "Positive control" means permanent production curtailment or the
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operation of emission control equipment of sulfur removal techniques,
or any combination thereof.
37. "PPM" means part per million by volume.
38. "Process" means one or more operations, including equipment and tech-
nology, used in the production of goods or services or the control
of by-products or waste.
39. "Process weight" means the total weight of all materials introduced
into a source operation, including fuels, where these contribute to
pollution generated by the process.
40. "Process weight rate" means a rate established as follows:
a. For continuous or long-run, steady-state source operations, the
total process weight for the entire period of continuous opera-
tion or for a typical portion thereof, divided by the number of
hours of such period or portion thereof.
b. For cyclical or batch source operations, the total process weight
for a period which covers a complete operation or an integral
number of cycles, divided by the hours of actual process opera-
tion during such period.
41. "Reid vapor pressure" means the vapor pressure of a volatile mate-
rial, such as gasoline, as determined by the Reid Method (ASTM D323)
or the vapor pressure at 100 degrees Fahrenheit (F°).
42. "Ringelmann chart" means a standardized device published in the U.S.
Bureau of Mines Information Circular No. 8333, employing a graduated
series of opacities according to the Ringelmann scale.
43. "Ringelmann number" means the unit of measurement on the Ringelmann
scale.
44. "Ringelmann scale" means a standardized rank of opacities using the
Ringelmann number as the unit of measurement employed when determining
the opacity of a plume.
45. "Smelter feed" means all materials utilized in the operation of a
copper smelter including metals, ore concentrates, fuels and chemical
reagents and shall be calculated as the aggregate sulfur content of
all fuels and other feed materials whose products of combustion and
gaseous by-products are emitted to the atmosphere.
46. "Smoke" means particulate matter resulting from incomplete combustion.
47. "Soot" means the carbonaceous particulate product of incomplete com-
bustion which may be a component of smoke.
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48. "Source operation" means the last operation or process which produces
an air contaminant resulting from (a) the separation of the air con-
taminant from the process material or (b) the conversion of consti-
tuents of the process materials into air contaminants and which is
not an air pollution abatement operation.
49. "Standard conditions" means a gas temperature of 60°F and a gas
pressure of 14.7 pounds per square inch absolute.
50. "Vapor" means the gaseous form of a substance normally occurring in
a liquid or solid state.
51. "Vapor pressure" means the pressure exerted by the gaseous form of a
substance in equilibrium with its liquid or solid form.
52. "Volatility" means the capability of a substance to vaporize or change
to the vapor form.
(2.0) SEC.R9-3-103 AIR POLLUTION PROHIBITED
A. No person shall cause, suffer, allow or permit to be discharged either
directly or indirectly, into the ambient air, air contaminants from any
source whatsoever in violation of the regulations in this part.
B. Nothing in these regulations shall be interpreted to prevent the discharge
or emission of uncontaminated aqueous steam in the open air unless such
discharge constitutes a safety hazard.
C. Nothing in these regulations shall be interpreted to prevent air pollution
inside of buildings except as this relates to the ultimate release of
contaminants to the ambient air.
D. Control methods utilized to comply with the requirements of these regula-
tions shall not create air contaminants in concentrations in excess of
applicable standards.
E. Notwithstanding the emission standards in these regulations, no person
shall cause the ground level concentration outside the boundaries of
his operation to exceed those limits contained in Article 2.
(13.0) SEC.R9-3-104 RECORDKEEPING AND REPORTING
A. The owner or operator of any stationary source shall, upon notification
from the director, maintain records of the nature and amounts of emis-
sions from such source or any other information as may be deemed neces-
sary by the director to determine whether such source is in compliance
with applicable emission limitations or other control measures.
B. The information recorded shall be summarized and reported to the director
and shall be submitted within 45 days after the end of the reporting
period. Reporting periods are January 1 - June 30 and July 1 - December
31, except that the initial reporting period shall commence on the date
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the director issues notification of the recordkeeping requirements.
C. Information recorded by the owner or operator and copies of the summariz-
ing reports submitted to the director shall be retained by the owner
or operator for two years after the date on which the pertinent report
is submitted.
D. Any records, reports or information obtained under this regulation shall
be available for public inspection except as provided in A.R.S. 36-1708.
In all cases quantitative and qualitative statistics pertaining to the
emission of pollutants from any source or sources shall be available to
public inspection and shall be correlated with applicable emission
limitations.
(15.0) SEC.R9-3-105 ENFORCEMENT
These regulations shall be enforced according to the provisions of Title 36,
Chapter 14, Arizona Revised Statutes.
(51.13) SEC.R9-3-107 UNLAWFUL OPEN BURNING
A. Notwithstanding the provisions of any other regulation in this article,
it is unlawful for any person to ignite, cause to be ignited, permit to
be ignited, or suffer, allow, or maintain any open outdoor fire.
B. "Open outdoor fire", as used in this regulation, means any combustion
of combustible material of any type outdoors, in the open where the
products of combustion are not directed through a flue. "Flue", as
used in this regulation, means any duct or passage for air, gases or
the like, such as a stack or chimney.
C. The following fires are excepted from the provisions of this regulation:
1. Fires used only for cooking of food or for providing warmth for human
beings or for recreational purposes or the branding of animals or the
use of orchard heaters for the purpose of frost protection in farming
or nursery operations.
2. Any fire set or permitted by any public officer in the performance
of official duty, if such fire is set or permission given for the pur-
pose of weed abatement, the prevention of a fire hazard, or instruc-
tion in the methods of fighting fires.
3. Fires set by or permitted by the state entomologist or county agricul-
tural agents of the county for the purpose of disease and pest preven-
tion.
4. Fires set by or permitted by the federal government or any of its
departments, agencies or agents, the state or any of its agencies,
departments or political subdivisions, for the purpose of watershed
rehabilitation or control through vegetative manipulation.
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5. Fires set for the disposal of dangerous materials where there is no
safe alternative method of disposal.
D. Permission for the setting of any fire given by a public officer in the
performance of official duty under paragraph 2,3, or 4 of subsection C.
shall be given in writing and a copy of such written permission shall be
transmitted immediately to the director of the state division of air, pol-
lution control and the control officer, if any, of the county, district
or region in which such fire is allowed. The setting of any such fire
shall be conducted in a manner and at such time as approved by the
director of the division of air pollution control, unless doing so would
defeat the purpose of the exemption.
E. Nothing in this regulation is intended to permit any practice which is a
violation of any statute, ordinance, rule or regulation.
ARTICLE 2. AMBIENT AIR QUALITY STANDARDS
(4.1) SEC.R9-3-201 NON-SPECIFIC PARTICULATE
A. Maximum annual geometric mean - Limit of 60 micrograms per cubic meter.
B. Maximum 24-hour arithmetic average - Limit of 100 micrograms per cubic
meter.
(4.2) SEC.R9-3-202 SULFUR DIOXIDE
A. Maximum annual average - Limit of 50 micrograms per cubic meter.
B. Maximum 24-hour average - Limit of 260 micrograms per cubic meter.
C. Maximum 3-hour average - Limit of 1,300 micrograms per cubic meter.
(4.4) SEC.R9-3-203 NON-METHANE HYDROCARBONS
Limit of 80 micrograms per cubic meter.
(4.6) SEC.R9-3-204 PHOTOCHEMICAL OXIDANTS
A. One-hour average - Limit of 80 micrograms per cubic meter.
B. Peak value - Limit of 150 micrograms per cubic meter.
(4.5) SEC.R9-3-205 CARBON MONOXIDE
A. One-hour average - Limit of 40 milligrams per cubic meter.
B. Eight-hour average - Limit of 7 milligrams per cubic meter.
C. Any seven consecutive days average - Limit of 6 milligrams per cubic
meter.
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(4.3) SEC.R9-3-206 NITROGEN DIOXIDE
Maximum annual average - Limit of 100 micrograms per cubic meter.
(2.0) SEC.R9-3-207 EVALUATION
The evaluation of air quality in terms of procedure, methodology and concept
is to be consistent with the guidelines of the Federal Environmental Protec-
tion Agency.
(2.0) SEC.R9-3-208 ANTI-DEGRADATION
These standards shall not be construed as permitting the preventable degra-
dation of air quality in any area of the State.
ARTICLE 3. PARTICIPATE EMISSIONS FROM STATIONARY SOURCES
(50.1.2) SEC.R9-3-301 VISIBLE EMISSIONS; GENERAL
Except as otherwise provided in these regulations relating to specific types
of sources, the opacity of any plume or effluent shall not be as great as nor
greater than that designated as No. 2 on the Ringelmann chart or percent
opacity equivalent to No. 2 Ringelmann, except when the provisions of SEC.R9-
3-104 apply.
(50.7) SEC.R9-3-302 FUGITIVE DUST
A. No person shall cause, suffer, allow or permit a building or its appur-
tenances or open area to be used, constructed, repaired, altered, or de-
molished without taking reasonable precautions to prevent particulate
matter from becoming airborne. Dust and other types of particulates
shall be kept to a minimum by such measures as wetting down, covering,
landscaping, paving, treating, or by other reasonable means.
B. No person shall cause, suffer, allow or permit the repair, construction
or reconstruction of a roadway or alley without taking reasonable pre-
cautions to prevent particulate matter from becoming airborne. Dust and
other particulates shall be kept to a minimum by employing temporary
paving, dust palliatives, wetting down, detouring, or by other reasonable
means. Earth or other material shall be removed from paved streets onto
which earth or other material has been transported by trucking or earth-
moving equipment, erosion by water, or by other means.
C. No person shall cause, suffer, allow or permit transportation of materials
likely to give rise to airborne dust without taking reasonable precautions
to prevent particulate matter from becoming airborne.
D. No person shall cause, suffer, allow or permit crushing, screening, hand-
ling, or conveying of materials or other operations likely to give rise
to airborne dust without taking reasonable precautions to prevent parti-
culate matter from becoming airborne such as spray bars and wetting
agents.
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No person shall cause, suffer, allow or permit the performance of agri-
cultural practices including but not limited to tilling of land and ap-
plication of fertilizers without taking reasonable precautions to pre-
vent particulate matter from becoming airborne.
(51.9) SEC.R9-3-303 INCINERATION
A. Notwithstanding the provisions of SEC.R9-3-301, no person shall cause,
suffer, or allow to be emitted into the atmosphere from any incinerator,
smoke for more than 30 seconds in any 60 minute period the appearance,
density, opacity or shade of which is as dark as No. 1 of the Ringelmann
scale.
B. No person shall cause, suffer, allow or permit to be emitted into the
atmosphere from any incinerator or to pass a convenient measuring point
near the incinerator stack outlet particulate matter to exceed 0.17
pounds per 1,000 pounds of gases, corrected to 50 percent excess air,
and calculated as if no auxiliary fuel had been used.
C. The amount of particulate matter emitted shall be determined by gen-
erally recognized standards or methods of measurement. The ASME Test
Code for "Dust Separating Apparatus", PTC 21, the ASME Test Code for
"Determining Dust Concentrations in Gas Streams", PTC 27, and the
latest issue of the Los Angeles County Source Testing Manual shall be
used as general guides, but these may be modified, adjusted, or added
to by the director to suit specific sampling conditions or needs based
upon good practice, judgment and experience.
(51.20) SEC.R9-3-304 WOOD WASTE BURNERS
For a device used by the lumber industry exclusively for the burning of wood
wastes the provision of SEC.R9-3-303 shall apply except during the building
of a new fire not more than once each day for a period not to exceed 60
consecutive minutes. Upset time of three minutes in any one hour will not
be considered a violation of these regulations.
(51.5) SEC.R9-3-305 FUEL-BURNING EQUIPMENT
A. This regulation applies to installations in which fuel is burned for the
primary purpose of producing steam, hot water, hot air, or other liquids,
gases or solids and in the course of doing so the products of combustion
do not come into direct contact with process materials. When any pro-
ducts or by-products of a manufacturing process are burned for the same
purpose or in conjunction with any fuel, the same maximum emission limi-
tations shall apply.
B. The heat content of coal shall generally be determined according to ASTM
Method D-271, "Laboratory Sampling and Analysis of Coal or Coke", or
ASTM Method D-2015, "Gross Calorific Value of Solid Fuel by the Adiabatic
Bomb Calorimeter". These methods shall be used as guides, but may be
modified, adjusted, or added to by the director to suit specific sampling
conditions or needs based upon good practice, judgment and experience.
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C. For purposes of this regulation the heat input shall be the aggregate
heat content of all fuels whose products of combustion pass through a
stack or other outlet. The heat input value used shall be the equip-
ment manufacturer's or designer's guaranteed maximum input, whichever
is greater. The total heat input of all fuel-burning units on a plant
or premises shall be used for determining the maximum allowable amount
of particulate matter which may be emitted.
D. No person shall cause, suffer, allow or permit the emission of particu-
late matter, caused by combustion of fuel, from any fuel-burning opera-
tion in excess of the quantity set forth in the following table:
HEAT INPUT MILLIONS OF BRITISH
THERMAL UNITS (BTU) PER HOUR
10
50
100
500
1,000
4,000
8,000
10,000
15,000
20,000
40,000
50,000
100,000
MAXIMUM ALLOWABLE EMISSION OF PAR-
TICULATE MATTER IN POUNDS PER HOUR
PER MILLION BRITISH THERMAL UNITS
(BTU) OF HEAT INPUT BASED UPON
24-HOUR ARITHMETIC AVERAGE
0.599
0.413
.352
.243
.207
,153
.103
0.0909
0.0722
0.0613
0.0414
0.0364
0.0246
0.
0.
0.
0.
0.
F.
Interpolation of the data in this table for heat inputs greater than ten
but less than 4,000 million Btu per hour shall be accomplished by use of
the equation Y =1.02 X -0.231 Interpolation and extrapolation of the
data for heat inputs equal to or greater than 4,000 million Btu per hour
shall be accomplished by use of the equation Y = 17.0 X 'u-bbB where Y =
allowable rate of emission in pounds per million Btu and X = maximum
equipment capacity rate in million Btu per hour.
Stack emission tests to determine the amount of particulate matter emitted
shall be performed in accordance with SEC.R9-3-303 C.
(50.1.1) SEC.R9-3-306
PROCESS INDUSTRIES
A. No person shall cause, suffer, allow or permit the discharge of parti-
culate matter into the atmosphere in any one hour from any existing
source operation whatsoever, except incineration and fuel-burning equip-
ment, in total quantities in excess of the amount calculated by the
equation presented below and as illustrated by the following table on the
allowable rate of emission based on process weight rate:
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PROCESS WEIGHT RATE
Lbs/Hr
100
200
400
600
800
000
1,500
2,000
2,500
1
3
3,
4,
000
500
000
5,000
6
7,
000
000
8,000
9,000
10,000
12,000
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
00
25
50
75
00
50
00
50
00
50
00
RATE OF
EMISSION
Lbs/Hr
0.551
0.877
.40
.83
.22
2.58
6.00
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
PROCESS WEIGHT RATE
Lbs/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
,000,000
,000,000
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
,000.00
1
6,000,000 3,000.00
RATE OF
EMISSION
Lbs/Hr
16.5
17.9
19.
25,
30.
35.4
40.0
41,
42,
43,
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Note: To use the table, determine the process weight rate as defined in SEC.R9-
3-102 A. 40. Find this figure on the table, opposite which is the maximum number
of pounds per hour of particulates which may be discharged into the atmosphere
in any one hour. The method used for determining allowable rates of emission
based on process weight tables is as follows: Interpolation of the data in the
process weight table for process weight rates up to 60,000 Ibs/hr shall be accom-
plished by use of the equation E = 55.0 P °-'1-40, where E = rate of emission in
Ibs/hr and P = process weight in tons/hr. (See following examples.)
Note:, SEC.R9-3-306 (process industries) is disapproved for the Phoenix-Tucson
Intrastate Region.
EXAMPLE A: Process weight =6 tons per hour
Equation - E = 4.10 P °-67
Log E = Log 4.10 + (0.67) (Log 6)
Log E = 0.6128 + (0.67) (0.7782)
Log E = 0.6128 + -0.5214
Log E = 1.1342
E = Anti-log 1.1342
E = 13.6 pounds per hour
EXAMPLE B: Process weight =60 tons per hour
Fnnation - F = 55.0 P 0.11 Ar. n
Equation
- 40.0
Log (E+40.0) = Log 55.0 + (0.11)(Log 60)
Log (E+40.0) = 1.7404 + (0.11)0.7782)
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EXAMPLE B (CONTINUED)
Log (E+40.0) = 1.7404 + 0.1956
Log (E+40.0) = 1.9360
(E+40.0) = Anti-log 1.9360
(E+40.0) = 86.3
E = 86.3 - 40.0
E =46.3 pounds per hour
B. Stack emission tests to determine the amount of particulate matter
emitted shall be performed in accordance with SEC.R9-3-303 C.
ARTICLE 4. SULFUR COMPOUND EMISSIONS
(5U1) SEC.R9-3-401 COPPER SMELTERS
A. For new smelters, the atmospheric smelter emission shall be limited to
ten percent of the sulfur contained in the feed and 6,500 pounds per
hour, or the reduction necessary to meet the ambient air standards,
whichever is most restrictive.
B. For existing smelters, the emission standard shall be that control
necessary to meet the ambient air quality standard in SEC.R9-3-202.
1. The sulfur removal by means of positive control shall equal the
percent reduction determined in 3 below.
2. The difference between positive control and that necessary to meet
the standards in SEC.R9-3-202 may be achieved by intermittent pro-
duction curtailment such as closed loop operational control, in
accordance with Section VIII of the Environmental Protection Agency
Criteria for Evaluating an Intermittent Control System.
3. The percent sulfur emission control required shall be determined
by use of the proportional model as follows:
(A - C) X 100 = the percentage reduction required by positive
(A - B) control.
Where A = highest annual ambient air reading in the affected area
as reflected in the most accurate readings available and expressed
as an annual average, or, where appropriate, the highest projected
concentration in the affected area, as approved by the hearing
board,
B = background concentration, and
C = 80 micrograms per cubic meter
Because of the limitations in data, resolution of analytical chemi-
cal procedures, and the effect of topography, meteorology,and smoke-
stack geometry, the results of the above equation may be modified
to a maximum of ten percent of the computed sulfur reduction by
using one of the two following diffusion models:
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Air Quality Implementation Planning Program, Volume I,
Operator's Manual, National Air Pollution Control
Administration, EPA, Washington, D.C. 1970, or
Air Quality Display Model, National Air Pollution
Control Administration, Department of Health, Educa-
tion and Welfare, Washington, D.C. November 1969.
Subject to the approval of the division, other models believed
technically more definitive or accurate may be used instead of
the two named above.
4. Notwithstanding the calculations in 3 above, existing positive
control techniques shall not be reduced.
5. If increased sulfur removal efficiency (S removed/S in) occurs in
ore concentrate preparation as the result of improved equipment or
operations the reductions in excess of the previously attained
removals can be used in the computation of smelter sulfur reductions.
The allowance will be based on the difference between the mean or
median of one year of current operational results and the mean or
median for the three consecutive years before the effective date of
this regulation.
C. All nongaseous sulfur removed in the operation of a smelter is to be
used in the atmospheric sulfur reduction computations including but
not limited to, slag, elemental sulfur and sulfuric acid.
D. Where two or more smelters are so situated that the sulfur emissions
of each may contribute significantly to violations of the standards set
forth in SEC. R9-3-202, and if such standards are to be met by such
smelters partially by means of intermittent production curtailment,
the operators of such smelters are authorized and directed to consult
with each other and to devise a plan for coordinated intermittent pro-
duction curtailment that will meet the applicable standards and will
allocate fairly among the participating smelters the extent and timing
of the necessary intermittent production curtailment. Such a plan shall
be in writing and shall be submitted for approval to the director, in
the case of an application for an operating permit, or the hearing board,
in the case of an application for a conditional operating permit. The
director or hearing board may reject a proposed plan in whole or in part
and may condition its approval upon the acceptance by the parties of
specific modifications or amendments. No plan for coordinated inter-
mittent production curtailment shall be carried out until it has been
approved by the director or the hearing board.
Note: SEC.R9-3-401 is disapproved for existing copper smelters, for the Phoenix-
Tuscon Intrastate Region and the Arizona portion of the Arizona-New Mexico
Southern Border Interstate Region.
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(51.6) 'SEC.R9-3-402 FUEL BURNING INSTALLATIONS
A. This regulation applies to an installation operated for the purpose of
producing power with a resulting discharge of sulfur dioxide in the in-
stallation's effluent gases.
B. Steam power generating installations which are new sources shall not
emit more than 0.80 pounds of sulfur dioxide, maximum two-hour average,
per million Btu heat input when oil is fired. Steam power generating
installations which are existing sources shall not emit more than 1.0
pounds of sulfur dioxide, maximum two-hour average, per million Btu heat
input when oil is fired.
C. Steam power generating installations which are new sources shall not
emit more than 0.80 pounds of sulfur dioxide, maximum two-hour average,
per million Btu heat input when coal is fired. Steam power generating
installations which are existing sources shall not emit more than 1.0
pounds of sulfur dioxide, maximum two-hour average, per million Btu heat
input when coal is fired.
Note: SEC.R9-3-402 (fuel burning installations) as it pertains to existing
sources, is disapproved in the Arizona portion of the Four Corners Inter-
state Region for steam power generating installations having a total
rated capacity equal to or greater than 6,500 million Btu/hr.
(51.14) SEC.R9-3-403 SULFITE PULP MILLS
No person shall cause, suffer, allow or permit discharge into the atmosphere
of an amount in excess of nine pounds of sulfur oxides, calculated as sulfur
dioxide, per air-dried ton of pulp produced from a sulfite pulp mill. The
total emissions shall include sulfur oxides emitted from blow pits, washer
vents, storage tanks, and digester relief and recovery system.
(51.18) SEC.R9-3-404 SULFURIC ACID PLANTS
A. No person shall cause, suffer, allow or permit discharge into the atmos-
phere of more than 4.0 pounds of sulfur dioxide per ton of sulfuric acid
produced (calculated as 100 percent ^$04). maximum two-hour average,
from facilities that produce sulfuric acid by the contact process by
burning elemental sulfur, alkylation acid, hydrogen sulfide, organic
sulfides and mercaptans, or acid sludge.
B. No person shall cause, suffer, allow or permit discharge into the atmos-
phere of more than 0.15 pounds of sulfuric acid mist per ton of sulfuric
acid produced (calculated as 100 percent ^SO^), maximum two-hour average,
expressed as ^04, from facilities that produce sulfuric acid by the
contact process by burning elemental sulfur, alkylation acid, hydrogen
sulfide, organic sulfides, and mercaptans, or acid sludge..
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C. This regulation shall not apply to existing sources nor to metallurgical
plants or other facilities where conversion to sulfuric acid is utilized
as a means of controlling emissions to the atmosphere of sulfur dioxide
or other sulfur compounds.
(50.7) SEC.R9-3-405 OTHER INDUSTRIES
No person shall cause, suffer, allow or permit to be discharged into the
atmosphere from any other industry not covered in prior regulations of this
section reduced sulfur, which includes sulfur equivalent from all sulfur
emissions including but not limited to sulfur dioxide, sulfur trioxide, and
sulfuric acid, in excess of ten percent of the sulfur entering the process
as feed.
ARTICLE 5. ORGANIC COMPOUND EMISSIONS FROM STATIONARY SOURCES
(51.16) SEC.R9-3-501 STORAGE OF VOLATILE ORGANIC COMPOUNDS
A. No person shall place, store or hold in any reservoir, stationary tank,
or other container having a capacity of 65,000 or more gallons any gaso-
line or any petroleum distillate having a vapor pressure of 2.0 pounds per
square inch absolute or greater under actual storage conditions, unless
such tank, reservoir, or other container is a pressure tank maintaining
working pressure sufficient at all times to prevent hydrocarbon vapor
or gas loss to the atmosphere, or is equipped with one of the following
vapor loss control devices, properly installed, in good working order
and in operation:
1. A floating roof consisting of a pontoon type of double-deck type
roof resting on the surface of the liquid contents and equipped with a
closure seal to close the space between the roof eave and tank well,
a vapor balloon or vapor dome, designed in accordance with accepted
standards of the petroleum industry. The control equipment shall not
be used if the gasoline or petroleum distillate has a vapor pressure
of 12 pounds per square inch absolute or greater under actual storage
conditions. All tank gauging and sampling devices shall be gas-tight
except when gauging or sampling is taking place.
2. Other equipment proven to be of equal efficiency for preventing dis-
charge of hydrocarbon gases and vapors to the atmosphere.
B. Any other petroleum storage tank which is constructed or extensively
remodeled on or after the effective date of these regulations shall be
equipped with a submerged filling device or acceptable equivalent for the
control of hydrocarbon emissions.
(51.16) SEC.R9-3-502 LOADING OF VOLATILE ORGANIC COMPOUNDS
All facilities for dock loading of petroleum products, having a vapor pressure
of 1.5 pounds per square inch absolute or greater at loading pressure, shall
provide for submerged filling or acceptable equivalent for control of hydro-
carbon- emissions.
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(51.16) SEC.R9-3-503 PUMPS AND COMPRESSORS
All pumps and compressors which handle volatile organic compounds shall be
equipped with mechanical seals or other equipment of equal efficiency to
prevent the release of organic contaminants into the atmosphere.
(50.4) SEC.R9-3-504 ORGANIC SOLVENTS; OTHER VOLATILE COMPOUNDS
Materials such as solvents or other volatile compounds including but not
limited to paints, acids, alkalis, pesticides, fertilizer and manure, shall
be processed, stored, used and transported in such a manner and by such means
that they will not unreasonably evaporate, leak, escape or be otherwise dis-
charged into the ambient air so as to cause or contribute to air pollution;
and where means are available to reduce effectively the contribution to air
pollution from evaporation leakage or discharge, the installation and use of
such control methods, devices, or equipment shall be required.
ARTICLE 6. CARBON MONOXIDE EMISSIONS FROM STATIONARY SOURCES
(50.5) SEC.R9-3-601 INDUSTRIAL
No person shall cause, suffer, allow or permit discharge from any source
carbon monoxide emissions without the use of complete secondary combustion
of waste gases generated by any source operation.
ARTICLE 7. NITROGEN OXIDES EMISSIONS
(51.7) SEC.R9-3-701 FUEL BURNING EQUIPMENT
A. This regulation applies to an installation operated for the purpose of
producing power with a resulting discharge of nitrogen oxides in the
installation effluent gases.
B. Steam power generating installations which are new sources shall not
emit more than 0.20 pounds of nitrogen oxides, maximum two-hour average,
calculated as nitrogen dioxide, per million Btu heat input when gaseous
fossil fuel is fired.
C. Steam power generating installations which are new sources shall not
emit more than 0.30 pounds of nitrogen oxides, maximum two-hour average,
calculated as nitrogen dioxide, per million Btu heat input when liquid
fossil fuel is fired.
D. Steam power generating installations which are new sources shall not
emit more than 0.70 pounds of nitrogen oxides, maximum two-hour average,
calculated as nitrogen dioxide, per million Btu heat input when solid
fossil fuel is fired.
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(51.10) SEC.R9-3-702 NITRIC ACID PLANTS
A. No person shall cause, suffer, allow or permit discharge from any new
source nitric acid plant producing weak nitric acid, which is 30 to 70
percent in strength, by either the increased pressure or atmospheric
pressure process, of more than 3.0 pounds of total oxides of nitrogen
per ton of acid produced, maximum two-hour average, expressed as nitro-
gen dioxide.
B. No person shall cause, suffer, allow or permit discharge from any
existing source nitric acid plant producing weak nitric acid, which is
30 to 70 percent in strength, by either the increased pressure or at-
mospheric pressure process, of more than 5.5 pounds of total oxides of
nitrogen per ton of acid produced, maximum two-hour average, expressed
as nitrogen dioxide.
ARTICLE 8. JURISDICTION AND AUTHORITY
(15.0) SEC.R9-3-801 ORIGINAL STATE JURISDICTION AND CONTROL
The Department and Hearing Board shall have original jurisdiction and control
over such air pollution matters, air pollution sources, installation permits,
operating permits, conditional permits and violations that pertain to:
A. Major sources of air pollution which include all sources which are
capable of generating more than seventy-five tons of air contaminants
per day and all operations and activities concerning:
1. The smelting of copper ore.
2. The refining of crude oil.
B. Air pollution generated by operations and activities of all agencies
and Departments of the State and its political subdivisions.
C. Air pollution generated by motor vehicles.
D. Air pollution generated by mobile or portable combustion engines,
machinery and equipment which are capable, without major alteration,
of being operated in more than one county.
(15.0) SEC.R9-3-802 ASSERTIONS OF JURISDICTION
Except as specified in SEC.R9-3-801, jurisdiction and control of air pol-
lution shall be by the county or multi-rountv air Quality control reaion
pursuant to the provisions of Article 8, Chapter 6, Title 36, Arizona Re-
vised Statutes. The county or multi-county air quality control regions shall
relinquish jurisdiction and control over such air pollution matters, air
pollution sources, installation permits, operating permits, conditional per-
mits and violations as the Director designates and at such times as he asserts
jurisdiction and control at the state level. The order of the Director which
asserts state jurisdiction and control shall specify the matters, geograph-
ical area or air pollution source or sources over which the Department shall
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exercise jurisdiction and control. Such State authority shall then be the.
sole and exclusive jurisdiction and control to the extent asserted and the
provisions of Chapter 14, Title 36, Arizona Revised Statutes, and these
regulations shall govern except as provided therein, until jurisdiction
and control is surrendered by the Director to such county or region.
(15.0) SEC.R9-3-803 . DELEGATION OF AUTHORITY TO A COUNTY OR A MULTI-COUNTY AIR
QUALITY CONTROL REGION
Upon written application by the Control officer of a county or multi-
county air quality control region, the Director may delegate to such county
or region authority to carry out any of the provisions of Chapter 14,
Title 36, Arizona Revised Statutes or any of these rules and regulations
for air pollution control.
ARTICLE 9. MOTOR VEHICLES; COMBUSTION ENGINES; FUELS
(15.0) SEC.R9-3-901 ' POLICY AND LEGAL AUTHORITY
A. The intent of these regulations is to control the release into the at-
mosphere of air contaminants from motor vehicles, combustion engines,
and fuels in a manner that insures the health, safety and general
welfara of all the citizens of the state.
8. These regulations are adopted pursuant to the authority granted by
36-1717, Arizona Revised Statutes.
P2 n) SEC.R9-3-902 VEHICULAR TESTING AND CONTROL PROGRAM
A. The emission limits shown in all standards within this section shall be
measured by the Arizona vehicle-in-use inspection test.
B. The Arizona vehicle-in-use inspection test shall be run at steady
speeds which correspond to 50 miles per hour, 30 miles per hour, and
idle in that order. At each of the three test conditions, exhaust
hydrocarbon and carbon monoxide readings shall be taken. The results
for the hydrocarbon and carbon monoxide emissions shall be expressed
as an average of the readings taken at the three test conditions. All
tests shall be run with the engine at normal operating temperature.
C. Hydrocarbons shall be read as hexane in ppm on a non-dispersive infrared
analyzpr. Carbon monoxide values shall be read on a non-dispersive
infrared analyzer in terms of mol percent. The hydrocarbon results and
the carbon monoxide results shall be used in determining compliance
with the standards in SEC.R9-3-903. A correction factor will be used
to correct for altitude.
D. Any vehicle having a positive crankcase ventilation valve shall be
inspected to see that the system is connected and operating. The
inspection shall consist of a check of crankcase depression by means
of a gauge placed over the oil filler opening. A negative pressure at
idle engine speed shall be required in order to pass inspection.
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E. To simulate the 30 and 50 miles per hour road speed readings as shown
in subsection B., a chassis dynamometer will be used. Dynamometer
and instrument specifications shall be approved by the division prior
to their operation.
(12.0) SEC.R9-3-903 EXHAUST EMISSION STANDARDS
A. Subsequent to first sale, no 1968 model year or later motor vehicle
which is equipped with an emission control system or device by federal
motor vehicle emission control standards shall discharge into the at-
mosphere air contaminants in quantities in excess of the following:
1. Engine piston displacement in excess of 140 cubic inches
a. 3.0 percent of carbon monoxide
b. 300 parts per million of hydrocarbons
2. Engine piston displacement of 140 cubic inches and less
a. 4.0 percent of carbon monoxide
b. 400 parts per million of hydrocarbons
B. No passenger type motor vehicle of the 1963 through 1967 mo-tel year
shall discharge into the atmosphere air contaminants in quantities
in excess of the following:
1. Engine piston displacement in excess of 140 cubic inches
a. 4.5 percent of carbon monoxide
b. 500 parts per million of hydrocarbons
2. Engine piston displacement of 140 cubic inches and less
a. 5.0 percent of carbon monoxide
b. 600 parts per million of hydrocarbons
C. No passenger type motor vehicle of the 1962 model year and older shall
discharge into the atmosphere air contaminants in quantities in excess
of the following:
1. Engine piston displacement in excess of 140 cubic inches
a. 5.0 percent of carbon monoxide
b. 500 parts per million of hydrocarbons
2. Engine piston displacement of 140 cubic inches and less
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a. 6.0 percent of carbon monoxide
b; 800 parts per million of hydrocarbons
(12.0) SEC.R9-3-904 RETESTING; VIOLATIONS
Operators or owners of motor vehicles which fail to meet the exhaust
emission standards of this section shall be provided with a notice of
excessive emissions on a form prescribed by the director. Within thirty
days of such notice all defects shall be corrected or appropriate adjust-
ments made and the motor vehicle shall be returned to the initial inspec-
tion site for retesting. Operators or owners of motor vehicles which fail
to meet the standards of this section upon retesting shall be subject to
the penalties provided by law.
(12.0) SEC.R9-3-905 VISIBLE EMISSIONS; GASOLINE POWERED
No person shall cause, suffer, allow or permit discharge into the atmos-
phere from any gasoline-powered vehicle any visible air contaminant for
a period greater than ten consecutive seconds.
(12.0) SEC.R9-3-906 VISIBLE EMISSIONS; DIESEL POWERED
A. No person shall cause, suffer, allow or permit discharge into the at-
mosphere from any diesel-powered motor vehicle any visible air con-
taminant for a period greater than ten consecutive seconds which is of
a shade or density equal to but not darker than that designated as
No. 2 on the Ringelmann chart. Emissions that are a direct result of
a cold engine start-up and all off-highway, dieseUpowered vehicles
shall be exempt from this regulation.
B. No person shall cause, suffer, allow or permit discharge into the at-
mosphere from any diesel-powered locomotive any visible air con-
taminant for a period greater than 40 consecutive seconds which is of
a shade or density equal to but not darker than that designated as No.
2 on the Ringelmann chart, except under the following conditions:
1. for a period of four consecutive minutes or less when a,locomotive
engine is under load after a period of idle.
!
2. for a period of 30 consecutive minutes or less when starting a cold
engine.
3. for periods of three consecutive minutes or less when an aggregate
of not more than ten minutes in any one hour when a locomotive
engine is being tested, adjusted, or broken in after being rebuilt
1 or repaired.
4. at altitudes exceeding 5,000 feet where Ringelmann No. 2.5 shall
, apply.
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(50.4) SEC.R9-3-907 GASOLINE VOLATILITY TESTING AND CONTROL PROGRAM
A. This regulation states the required properties of gasoline at the time
and place of delivery in bulk in accordance with ASTM designation:
D439-70, standard specification for gasoline. For purposes of this
regulation, "in bulk" means gasoline transferred or stored prior to
delivery to a retail seller.
B. Automatic variation by the seller is provided to meet the requirements
of seasonal changes in temperature, depending upon the season and the
locality in which the product is to be used. This is done by providing
four volatility grades, A.B.C. and D. as defined in 0439-70 and dif-
ferentiating the use of these grades according to the months of the year.
C. The requirements enumerated in this regulation are based upon vapor
pressure and shall be determined by ASTM designation: D323-58, standard
method of test for vapor pressure of petroleum products (Reid method).
This method of test covers the determination of the absolute vapor
pressure of volatile crude oil and volatile non-viscous petroleum
products except liquefied petroleum gases.
(50.4) SEC.R9-3-908 GASOLINE VOLATILITY STANDARDS
A. The seasonal distribution of the four grades of gasoline (A.B.C.. and D.)
shall conform to the schedule in Table 2 of D439-70 as follows:
MONTH
GRADE
REID VAPOR
PRESSURE
PSIG, MAX
JAN
D/C
13.5
or
11.5
I'EB
C
1U5
MAR
C/B
11.5
or
10.0
APR
B
10.0
MAY
B/A
10.0
or
9.0
JUNE
A
9.0
JULY
A
9.0
AUG
A
9,0
SEPT
A
9.0
OCT
A/B
9.0
or
10.0
NOV
B/.C
10.0
or
11.5
DEC
C/D
n.b
or
13.5
Be Where alternative grades are permitted, the option shall be exercised
by the seller.
ARTICLE 11, • PERMITS
(3.0) SEC.R9-3-1203 REVOCATION, SUSPENSION OR MODIFICATION OF INSTALLATION AND
OPERATING PERMITS
If the Director determines that the terms and conditions of an Installation
or operating permit are being violated or that the permit was obtained by
fraud or misrepresentation, he may petition the hearing board to have the
permit revoked or suspended. When circumstances warrant the Director may
petition the hearing board to have an installation or operating permit
modified.
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(3.0) SEC.R9-3-1204 PERMIT NONTRANSFERABLE; EXCEPTION
A. An installlation permit or an operating permit shall not be trans-
ferable, whether by operation of law or otherwise, either from one
location to another, from one piece of equipment to another, or from
one person to another.
B. This regulation shall not apply to mobile or portable machinery or
equipment which is transferred from one location to another provided
that the owner or operator of such equipment notifies the Director
in writing of the transfer at least ten days before the transfer.
The notification required under this paragraph shall include:
1. A description of the equipment to be transferred including the
operating permit number for such equipment;
2. A description of the present location;
3. A description of the location to which the equipment is to be
transferred, including the availability of all utilities, such
as water and electricity, necessary for the proper operation of
all control equipment;
4. The date on which the equipment is to be moved; and
5. The date on which operation of the equipment will begin at the .
new location.
(3.0) SEC.R9-3-1205 POSTING OF PERMIT
A person who has been granted an operating permit shall firmly affix such
permit, an approved facsimile of such permit, or other approved identifi-
cation bearing the permit number upon such equipment for which the operating
permit is issued in such a manner as to be clearly visible and accessible.
In the event that such equipment is so constructed or operated that such
permit cannot be so placed, the permit shall be mounted so as to be
clearly visible in an accessible place within a reasonable distance of such
equipment or maintained readily available at all times on the operating
premises.
(3.0) SEC.R9-3-1206 NOTICE BY BUILDING PERMIT AGENCIES
A. All agencies of the county or political subdivisions of .the county
that issue or grant building permits or approvals shall examine the
plans and specifications submitted by an applicant for a permit or
approval to determine if an air pollution installation permit will
possibly be required under the provisions of these rules and regula-
tions. If it appears possible that such installation permit will be
required, the agency shall give written notice to such applicant to con-
tact the Director and shall furnish a copy of such notice to the ,
Director,
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(3.0) SEC.R9-3-1207 EQUIPMENT COVERED
The provisions of SEC.R9-3-1201 through R9-3-1206 apply to any piece of
equipment, machine, incinerator, device or other article which may cause
or contribute to air pollution or the use of which may eliminate or reduce
or control the emission of air pollutants, but does not include motor
vehicles, agricultural vehicles or agricultural equipment used in normal
farm operations, or to fuel-burning equipment which, in the aggregate
with such other equipment of the applicant at the same location or
property other than a one or two-family residence, is rated at less than
five hundred thousand British thermal units per hour.
(3.0) SEC.R9-3-1209 PERMIT FEES
A. Prior to the issuance of an installation or operating permit or
renewal of an operating permit for any equipment for which a permit is
required under SEC.R9-3-1201, the applicant shall pay to the Director
a fee in the amount set forth in Appendix 4 to this part.
B. Every applicant for the issuance or renewal of a conditional permit
shall pay to the Director a fee in the amount set forth in Appendix 5
to this part.
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RULES AND REGULATIONS
PIMA COUNTY AIR POLLUTION CONTROL DISTRICT
REGULATION I GENERAL PROVISIONS
(15.0) Rule 1. EMISSIONS REGULATED; POLICY; LEGAL AUTHORITY
A. These Rules and Regulations shall supplement and implement the
Pime County Air Pollution Control District Ordinance and shall
apply to all types of air contaminant emissions.
B. The purpose of these Rules and Regulations is to prevent or to
reduce and control air pollution in all its forms originating
within the bounded area of the Pima County Air Pollution Control
District.
C. These Rules and Regulations are adopted pursuant to the authority
granted by Section 36-779, Arizona Revised Statutes.
(1.0) Rule 2. DEFINITIONS
The words and phrases used in these Rules and Regulations shall have the
following meanings, except where the context otherwise indicates:
a. Air contaminants - any smoke, vapors, charred paper, dust, soot,
grime, carbon, fumes, gases, sulfuric acid mist aerosols, aeroso'l
droplets, odors, particulate matter, windborne matter* radio-
active materials, or noxious chemicals, or any other material in
the outdoor atmosphere.
b. Air pollution - the presence in the outdoor atmosphere of one or
more air contaminants or combinations thereof in sufficient
quantities, which either alone or in connection with other sub-
stances, by reason of their concentration and duration are or
tend to be injurious to human, plant or animal life, or causes
damage to property, or unreasonably interferes with the comfort-
able enjoyment of life or property of a substantial part of a
community, or obscures visibility, or which in any way degrades
the quality of the ambient air below the standards established
by the Board of Supervisors.
c. Approved - approved "by the Control Officer." Any word implying
acceptance, reasoning, or judgment shall mean "by the Control
Officer."
d. Atmosphere - the air that envelops or surrounds the earth. Where
air contaminants are emitted into a building or structure not de-
signed specifically as a piece of air pollution control equipment,
sucti an emission into the building or structure shall not be con-
sidered an emission into the atmosphere unless such emission sub-
sequently is released or permitted to escape from the building.
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e. Board of Supervisors - the Pima County Board of Supervisors.
f. Cause or permit - to effect by action or participation, or by
command, authority, or force; or to allow, make possible, or
consent to, either formally or passively.
g. Control equipment - any equipment which has the function of con-
trolling the emissions from process, fuel-burning, or other equip-
ment to reduce the creation of, or the emission of, air contamin-
ants into the atmosphere, or both.
h. Control Officer - ,The executive head of the Pima County Air Pol-
lution Control District, who shall be the Director of the Pima
County Health Department, or his delegated representative.
i. County - Pima County, Arizona.
j. Department - the Pima County Health Department.
k. Discharge - the release, escape or emission of an air contaminant
into the atmosphere so as to cause or contribute to air pollution.
1. District - the Pima County Air Pollution Control District, con-
sisting of all area lying within the territorial limits of Pima
County
m. District Ordinance - the Pima County Air Pollution Control Dist-
rict Ordinance.
n. Dusts - minute solid particles released into the air by natural
forces ov by mechanical processes.
o. Dust suppressant - any chemical compound with specific capabili-
ties for dust suppression. Water, under some circumstances, to
be used in adequate quantities throughout the term of an oper-
ation, process or project may be accepted by the Control Officer
as an approved dust suppressant.
p. Effluent - the total volume of gases, liquids, and particulate
matter emitted from an emission source.
q. Emission - the passing into the atmosphere of an air contaminant '
or an effluent which contains or may contain an air contaminant;
or the air contaminant passes to the atmosphere.
r. Equipment ~ any machine, equipment, incinerator, device or other
article.
s. Fuel-burning equipment - any equipment -, device, or contrivance
and all appurtenances thereto used primarily but not exclusively,
to burn any fuel for the purpose of indirect heating in which the
material being heated is not contacted by and adds no substancas
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^o the products of combustion.
t. Fugitive dust - solid air-borne particulate matter emitted from
any source other than a flue or stack.
u. Hearing Board - the hearing board of the District.
v. Incinerator - any equipment, device or contrivance and all ap-
purtenances thereof used solely for the destruction of combust^
ible solid or gaseous wastes by burning.
w. Mobile equipment - any equipment which is capable of being oper-
ated at more than one site location, and which is self-propelled
in operation but not required to be registered under Arizona
State Uniform Motor Vehicle Act.
x. Motor vehicle - a self-propelled vehicle for use on the public
roads and highways of the State of Arizona, and required to be
registered under the Arizona State Uniform Motor Vehicle Act.
y. Opacity - the state of a substance which renders it partially or
wholly impervious to rays of light and causes obscurity of an ob-
server's view.
z. Open outdoor fire - any combustion of combustible materials of any
type outdoors, in the open where the products of combustion are
not directed through a flue.
aa. Operation - any physical action, resulting in a change in the lo-
cation, form, or physical properties of a material, or any chem-
ical or mechanical action resulting in a change in the chemical
composition or chemical or physical properties of a material.
bb. Particulate matter - any discrete particles of material, other
than uncombined water, which are or have been carried in, sus-
pended in, or discharged into the atmosphere as a liquid or solid,
or combination thereof.
cc. Permit unit - a unit consisting of an item of equipment which is
operated separately or two or more items of equipment which are
operated as a functional unit for the processing of material and
are physically united by conveyor, chute, duct, pipe or hose for
the movement of process material. A permit unit shall be consid-
ered as encompassing all the equipment used from the point or
points of initial material feed to the point cr points of termin-
ation where the process flow of material will be or can be inter-
rupted, or to the point or points of discharge where such dis-
charge, will be stored, go into a different permit unit group, be
physically separated from the equipment of the permit unit group,
or be discharged into the atmosphere,
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dd. Person - any individual, corporation, partnership, firm, asso-
ciation, trust, estate, public or private institution, group,
agency, political subdivision of the State, the Federal govern-
ment, or any legal successor, representative, agent or agency of
the foregoing.
ee. Portable equipment - any equipment which is capable of being op-
erated at more than one site location and which is not self-pro-
pelled in operation.
ff. Process - a continuous operation or treatment (as in manufacture).
gg. Process weight - the total weight of all materials introduced into
a source operation, including solid fuels, but excluding liquids
and gases used solely as fuels, and excluding air introduced for
purposes of combustion.
hh. Process weight rate - the total process weight for a representa-
tive period of operation divided by the number of hours of that
period, excluding any time during which the equipment is idle.
ii. Regulations - one of the major groupings of the rules of the
District.
jj. Ringelrnann Chart - a chart for grading the appearance, density, or
shade of a stack plume, as published, with instructions for use,
by the U.S. Bureau of Mines Information Circular 8333.
kk. Rule - a rule of the District.
11. Source - any physical arrangement, facility, structure, activity,
or person that may emit air contaminants.
mm. Submerged fill pipe - any fill pipe or nozzle which meets any of
the following conditions:
1. The bottom of the fill pipe or nozzle is below the surface
of liquid in the receiving vessel for at least 55% of the
volume filled.
2. The bottom of the fill pipe or nozzle is less than six inches
from the bottom of the receiving vessel.
3. The bottom of the fill pipe or nczzle is less than two pipe
or nozzle diameters from the bottom of the receiving vessel,
4. Other conditions acceptable to the Control Officer.
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nn. Written report - a written report "to the Control Officer."
Any report, plan, record, data, or other information implied
to be submitted shall mean "to the Control Officer."
oo. Temporary Burning - any open burning other than agricultural
burning for which a permit may be issued in accordance with Reg-
ulation II, Rule 8.
pp. Mining Activity - any activity involving earthmoving operations
for the primary purpose of extraction of minerals from the earth
such as (but not limited to) sand, gravel, aggregate, limestone,
rock or ore.
qq. Scrap Metal Sweater - a furnace designed to melt metallic scrap
for the purpose of recovering metal.
rr. Paved Packing Lot - any geographical area which has been covered
with asphalt or cement type concrete or chemical stabilizing
agents in such a way and maintained to such an extent that normal
use of the area by any motorized vehicle does not produce visible
emission of dust or other participate matter from the paved
surface. (For the purpose of this definition, occasional de-
posits of wind-blown dust or dust resulting from erosion by rain-
fall or flooding or sweepings of street cleaning operations onto
the surface of the area to be excluded in the determination of
visible emissions from the surface.)
ss. Unpaved Parking Lot - any geographical area that is regularly
used for the parking of vehicles, and which cannot be classifier!
as a paved parking lot according to the definition stated in para-
graph rr of this rule.
tt. Device, Machine, Equipment/or Other Article - any assembly mech-
anism, or activity which may cause or contribute to air pollution
or which is used primarily to prevent the emission of air pol-
lutants.
uu. Shutdown - the cessation of operation of any process, fuel-
burning or control equipment, or related operating equipment
for any purpose.
vv. Startup - the setting in operation of any process, fuel-burning '
or control equipment, or related operating equipment, to a point
where the affected facility or process is operating in the plan-
ned or normal manner. Startup may be a single smooth sequence, of
events, or alternatively, may require several attempts and is not
necessarily of predictable duration.
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ww. 'Malfunction - any sudden and unavoidable failure of air pol-
lution control equipment or process equipment or of a process
to operate in a normal or usual manner. Failures that are
caused entirely or in part by poor maintenance, careless op-
eration, or any other preventible equipment breakdown shall not
be considered malfunctions.
xx. Scheduled Maintenance - normal, intermittent operations of a
routine maintenance nature which are necessary to insure the
operational reliability of an installation.
yy. Ambient Air - that portion of the atmosphere, external to
buildings, to which the general public has access.
(2.0) Rule 3. STANDARD CONDITIONS
Standard conditions are a gas temperature of 60 degrees Fahrenheit and a
gas pressure of 14.7 pounds per square inch absolute. Results of all
analyses and tests shall be calculated and reported at this gas temp-
erature and pressure.
(3.0) Rule 4. PERMITS; EXCEPTIONS; APPLICATIONS; FEES
A. Any person erecting, installing, replacing or making a major
alteration to any machine, equipment, incinerator, device or
other article which may cause or contribute to air pollution
or the use of which may eliminate or reduce or control the emis-
sion of air pollutants, shall first obtain an installation,permit
from the Control Officer. An installation permit shall remain in
effect until the operating permit for such equipment is granted
or denied or the application is cancelled. The provisions of
this rule shall not apply to motor vehicles, to agricultural
vehicles or agricultural equipment which, in the aggregate with
other such, equipment of the applicant at the same location or
property other than a one or two-family residence, is rated at
less than five hundred thousand British Thermal Units per hour.
B. Before any equipment described in Action A of this Rule, in
existence or in operation at the time of, or subsequent to, the
effective date of these Rules and Regulations, may be operated
or used, an operating permit shall be obtained in writing from
the Control Officer. No such operating permit shall be granted
either by the Control Officer or the Hearing Board for such
equipment as described in Section A of this rule that is or has
been constructed or installed without an installation permit until
the necessary information is presented to the Control Officer, an
installation permit is obtained, and such equipment is altered, if
necessary, and :made to conform to t^e applicable standards.
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Every application for an installation permit or an operating
permit shall be filed in the manner and form prescribed by the
Control Officer, and shall contain all the information neces-
sary to enable the Control Officer to make the determination to
grant or deny such application. The Control Officer may require
that such application include all equipment that is used by the
applicant in a certain process or a single facility or location.
Before acting on an application for an installation permit or an
operating permit, the Control Officer may require the applicant
to furnish further information or further plans or specifica-
tions. The Control Officer shall act, within a reasonable time,
not to exceed thirty days, on such applications and shall notify
the applicant in writing of his approval or denial of such ap-
plication; provided, however, that the Control Officer may have
a reasonable period of time, not to exceed six months from the
effective date of this section, in which to gather* information,
inspect premises, and issue such permits.
Permits issued pursuant to this rule may be issued subject to
.such tarms and conditions as the Control Officer deems neces-
sary for the control of air pollution and subject to payment of
permit fees in accordance with the fees of Rule 4E, Rule 4J, and
Rule 30. Equipment operating permits issued pursuant to these
rules shall be renewed annually on the anniversary date of the
issuance of the permit, subject to compliance with these Rules
and Regulations and the provisions of the District Ordinance upon
payment of annual renewal fee. Where an operating permit is
granted for equipment erected, installed, or replaced on the site
location of an existing operating permit of the same permittee,
the annual renewal date of the new permit shall be the anniver-
sary date of the existing permit and the operating permit fee
shall.be prorated from the date of issuance of that anniversary
date. The funds received for permits issued pursuant to these
Rules and Regulations shall be deposited in a special Pima County
Air Pollution Control District fund and shall be used by the Con-
trol Officer to defray the costs incurred pursuant to the Dis-
trict Ordinance or these Rules and Regulations,
No person shall cause or permit the use of any equipment to clear
or level land, or engage in earthmoving, including excavation,
demolition, blasting, trenching, or road construction until he
has ascertained that a land preparation, earthmoving, demolition,
blasting, trenching, or road construction permit has been issued
by the Control Officer on forms of the District. The permit may
be issued subject to the conditions that the permittee employ
such dust control measures as the Control Officer d.eems reason-
ably necessary for the control of air pollution during the use of
such equipment, and afterward for such extended period as the Con-
trol Officer may designate. The permits for these activities may ,
be obtained by either the owner, lessee, developer, or prime con-
tractor. The provisions of this rule shall not apply to:
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a. normal cultural farm practices
b. trenching for distances aggregating less than 300 feet in one
contiguous area.
c. earthmoving or land preparation activities where the total
contiguous area is one acre (43,560 sq.ft.) or less
Permits for these activities shall be issued subject to payment
of permit fees according to the following schedules;
' ' SCHEDULE A
Earthmoving and Land Preparation Activities
One dollar and fifty cents per acre with a minimum fee of $15.
SCHEDULE B
Demolition Activities
Total Interior Floor
Areas under Roof- in Square Feet* Per Each Individual Fee $
Structure to be Demolished
Less than 2,500 —— 15
2,500 to 5,000 - - 26
Greater than 5,000 — - —.— ~~ 38
*Floor areas to be aggregated for multi-story buildings
SCHEDULE C
Trenching Activities*
Eight dollars per 1,000 feet of aggregated length of trenching in
any one contiguous area with a minimum fee of $15.
*This fee schedule shall not apply when a valid earthmoving permit
(Schedule A) has been issued covering the same location or property.
SCHEDULE D
Blasting Activities and/or Charge Hole Drilling*
Eleven dollars plus $1.50 per each day on which blasting is to be
conducted.
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*This schedule shall not apply to blasting activities associated
with mining operations requiring a mining activity operating per- .
mit as defined in Schedule III, Rule 40, Regulation I.
SCHEDULE E
Earth Moving Activities for Road Construction Only*
Four dollars per thousand feet of length with a minimum fee of
$15.
*This fee schedule shall not apply when a valid earth moving per-
mit (Schedule A) has been issued for the same location or property.
F. No permit shall be valid until the applicable permit fee has been
received and the permit issued by the District. An operating per-
mit shall be automatically revoked on the anniversary date of the
issuance of the permit if the permit renewal fee has not been re-
ceived by the District by that date and the Control Officer shall
so notify the permittee by registered or certified mail.
G. No person shall cause or permit the use or operation of a new or
existing source if the Control Officer has denied or revoked the
permit for the source.
H. The issuance of permits and the approval of plans under these
Rules and Regulations shall not relieve the permittee from com-
pliance with any law or these Rules and Regulations, nor does any
other law or building permit relieve any person from obtaining an
installation permit, an operating permit, or a land preparation;
earth moving; demolition permit required under these Rules and
Regulations.
I. An open burning permit shall be required for any open burning
authorized under the exceptions in Rule 8 of Regulation II of
these-Rules and Regulations.
(3.0) RuleB. APPLICATIONS FOR PERMITS
A. The Control Officer shall deny an installation permit or an
operating permit if the applicant does not show that every
such equipment described in Section A of Rule 4, the use of
which may cause or contribute to air pollution, or the use
of which may eliminate or reduce or control the emission of
air pollutants, 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 .the Dis-
trict Ordinance or these Rules and Regulations.
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B. A separate permit application shall be filed'and a separate
fee 'Shell be paid for each permit unit of basic equipment and
for each permit unit of air pollution control equipment.
C. Prior to acting on an application for an operating permit or
to renewing an operating permit, the Control Officer may re-
quire the applicant or permittee to provide and maintain such
facilities as are necessary for sampling and testing purposes
in order to secure information that will disclose the nature,
extent, quantity or degree of air contaminants discharged into
the atmosphere from the equipment described in the application
or the permit. In the event of such a requirement, the Control
Officer shall notify the applicant or permittee in writing of
the type and characteristics of such facilities.
D. In acting upon an application for an operating permit, if the
Control Officer finds that such equipment described in Section
A of Rule 4 has been constructed not in accordance with the in-
stallation permit, he shall deny the application for such oper-
ating permit, the Control Officer shall not accept any fur-'
ther application for an operating permit for such equipment so
constructed until he finds that such equipment has been recon-
structed in accordance with the installation permit.
E. In the event of denial of an installation permit or an opera-
ting permit, the Control Officer shall notify the applicant in
writing of reasons for such denial. Service of this notifica-
tion may be made in person or by registered or certified mail,
and such service may be proved by the written acknowledgment
of the person served or affidavit of the person making the
service. The Control Officer shall not accept a further appli-
cation unless the applicant has corrected the reasons for .the
objections specified by the Control Officer as reasons for such
denial.
Owners or operators of air pollution emissions sources in the cate-
gories shown in the following fee schedules shall obtain Racing
Event Site Operating Permit or an Unpaved Parking Operating Permit
or a Mining Activity Operating Permit in writing from the Control
Officer prior to engaging in any of the type of activities identi-
fied by the applicable fee schedule. Every application for a
Racing Event Site Operating Permit or an Unpaved Parking Lot Ope-
rating Permit or a Mining Activity Operating Permit shall be filed
in the manner and form prescribed by the Control Officer and shall
contain all the information necessary to enable the Control Officer
to make the determination to grant o»' deny such application. Be-,
fore acting on such applications, the Control Officer may require
the applicant to furnish information on the activity such as the
number of vehicles involved in the activity, etc. Existing source
sh,all.be required to obtain these permits withing 120 days after
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the effective date of this regulation, and new activities shall
obtain the operating permits prior to engaging in any of the
activities described. In cases where it is not practicable for
the applicant to compile the information required for the permits
within 120 days, the time allowable for these particular permits
may be-extended by the Control Officer for reasonable cause.
These permits shall be issued subject to payment of an annual per-
mit fee in accordance with the following fee schedules:
SCHEDULE I
RACING EVENT SITE OPERATING PERMITS
Racing Event Site Operating Permits are required under this schedule
for Racing Event Sites which include unpaved areas used by animals
or vehicles. The permit shall apply to racing areas, parking areas,
roadways, and stable or exercise areas used by the racing complex.
Annual permit fees shall be assessed in the amount of $55 ^or each
event site location.
SCHEDULE II
UNPAVED PARKING LOT OPERATING PERMITS*
Unpaved Parking Lot Operating Permits are required under this
schedule for unpaved parking lots capable of providing parking
spaces for more than five motor vehicles.
Size Annual Fee $
Less than one acre 20
1 acre or greater 40
*This schedule shall not apply if a valid permit has been issued
under schedule I covering the same location or property.
SCHEDULE III
MINING ACTIVITY OPERATING PERMITS
Mining Activity Operating Permits are required under this schedule
for all mining activities capable of emitting dust or other particu-
1 ate matter tc the atmosphere. These permits apply to the earth
moving activities associated with the use of mobile or stationary
equipment, roads, and all other activities in the mine pit directly
related to the mining phase of the operation. (Permits are not re-
quired for the equipment used during.the primary earth moving opera-
tions. > Equipment used in the subsequent handling and/or processing
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of the mined material may rquire separate operating permits accor-
ding to schedules contained in Regulation I, Rule 30.)
Amount of Material Mined Annually Fee $
0 to 50,000 cubic yards 20
Greater than 50,000 cubic yards 20 plus 7.5
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(3.0) Rule 8. PERMIT REVOCATION
A. A permit may be revoked for any arbitrary or unreasonable denial
of access for inspection or testing purposes, or if it is deter-
mined by the Control Officer, by technically valid sampling and
measurements, the nature, extent, quantity or degree of air con-
taminants discharged into the atmosphere from any equipment de-
scribed in the permit is in violation of any law or these Rules
• and Regulations.
B. In the event of revocation of a permit the Control Officer shall
notify the permittee in writing of the reasons therefore and re-
vocation shall become final 10 days after service of notification.
Service of this notification may be made in person or by regis-
tered or certified mail.
C. Revocation of a permit may be cancelled by the Control Officer in
the 10 day period before becoming final when the source owner or
operator has corrected the reasons for the permit revocation to
the Control Officer.
D. A permit which has been revoked shall be surrendered to the Con-
trol Officer when revocation of the permit has become final.
E. When revocation of a permit has become final, the Control Officer
shall not accept any application for a permit for the equipment
involved until he finds that the applicant has corrected the
reasons for the permit revocation.
F. Revocation of an installation or operating permit shall be stated
by the permittee's written petition for a hearing, filed in accor-
dance with Rule 6, until final determination by the Hearing Board.
G. When the Control Officer or his deputies revokes any permit be-
cause cf failure to comply with any of these Rules or .Regulations,
the Control Officer shall not refund any fees paid for any unused
portion of the permit term. If the Control Officer subsequently
determines that the source has corrected the conditions that
caused the revocation and approves an application for a new opera-
ting permit, a new fee shall be assessed in accordance with the
appropriate fee schedule.
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(3.0) Rule 9. POSTING OF PERMIT
A. A person who has been granted an installation permit shall
display such permit in a suitable conspicuous place at the site,
reasonably close to the equipment, and readily accessible to
personnel from the District.
t
B. A person who has been granted an operating permit shall firmly
affix such permit, an approved facsimile of such permit, or
other approved identification bearing the permit number upon
such equipment for which the operating permit is issued in such
a manner as to be clearly visible and accessible. In the event
that such equipment is so constructed or operated that such pef-
mit cannot be so placed, the permit shall be mounted so as to be
clearly visible in an accessible place within a reasonable dis-
tance of such equipment, or maintained readily available at all
times on the operating premises.
(3.0) Rule 10. NOTICE OF BUILDING PERMIT AGENCIES
A. All agencies of the county or political subdivisions of the
county that issue or grant building or land use permits or ap-
provals shall examine the plans and specifications submitted by
an applicant for a permit or approval to determine if an air
pollution installation permit or land preparation; earth moving;
demolition permit will possibly be required under the provisions
of these Rules and Regulations. If it appears possible that
such installation permit or land preparation; earthrnoving; demo-
liticn permit will be required, the agency shall give written
notice of such applicant to contact the Control Officer and shall
furnish a copy of such notice of the Control Officer.
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(13.0) Rule 11. CLASSIFICATION AND REPORTING
A. The Board of Supervisors by these Rules and Regulations shall
classify air contaminant sources according to levels and types
of emissions and other characteristics which relate to air pol-
lution, and shall require reporting for any such class or class-
es. Reports may be required as to physical outlets, processes
and fuels used, and the nature and duration of emissions and as
to such other information as is relevant to air pollution and
deemed necessary by the Board.
B. When the Control Officer has reasonable cause to believe that
any person is violating any provision of the District Ordinance
or any of these Rules and Regulations or any requirement of an
operating or conditional permit issued pursuant to the District
Ordinance of these Rules and Regulations he may request, in
writing, that such person forthwith produce all existing books,
records and other documents evidencing tests, inspections, or
studies which may reasonably relate to compliance or noncompli-
ance with these Rules and Regulations.
C. The owner, lessee, or operator of a potential air contaminant
source shall provide, install, maintain, and operate such air
contaminant monitoring devices as are reasonable and required
to determine compliance in a manner acceptable to the Control
Officer, and shall supply monitoring information as described
in writing by the Control Officer. Such devices shall be avail-
able for inspection by the Control Officer during all reasonable
times.
D. Any records or other information furnished to or obtained by the
Board of Supervisors, or the Control Officer, concerning one or
more air pollution sources, which records and information relate
to production or sales figures or to the processes or production
unique to the owner or operator, or which would tend to adversely
affect the competitive position of such owner or operator, shall
be' only for the confidential use of the Board of Supervisors., or
the Control Officer, in the administration of the District Or-
dinance, unless such owner or operator shall expressively agree
to their publication or availability to the public. No provision
of this rule shall be construed to prohibit the appropriate gov-
ernmental agency from publishing quantitive and qualitive stat-
istics pertaining to the emission of pollutants.
E. Any person violating the provisions of this rule or knowingly or
willfully submitting false information submitting false informa-
tion reports or records to the Board of Supervisors or ths Con-
trol Officer is guilty of a misdemeanor punishable as provided
in Rule 25,
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(15.0) Rule 12. VIOLATIONS; ORDER OF ABATEMENT; TIME FOR COMPLIANCE
A. When the Control Officer has reasonable cause to believe that
any person is violating any provision of the District Ordinance
or any of these Rules and Regulations or any requirement of an
operating or conditional permit issued pursuant to the District
Ordinance or these Rules and Regulations, he may forthwith serve
upon such person'by registered or certified mail or in person an
orde1" of abatement, or may file a complaint alleging violation
pursuant to Rule 25 of this Regulation, or both. The order shall
state with particularity the act being done that constitutes the
violation, shall state in its entirety the certain requirement,
prevision or Rule or Regulation being violated, and that the al-
leged violator is entitled to a hearing if such hearing is re-
quested in writing within twenty days after the date of issuance
of the order. The order may be conditional and require a person
to refrain from the particular acts unless certain conditions are
met.
(16.0) Rule 13. HEARINGS ON ORDERS OF ABATEMENT
A. An order of abatement 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 Rule 12
unless the person or persons named in such order shall have made
a timely request for a hearing before the Hearing Board, If a
hearing is requested, the Hearing Board shall hold the hearing
within thirty days from receipt of the request unless such time
is extended by the Hearing Board. Written notice of the time
and place of the Hearing shall be sent by the Hearing Board to
the person or persons requesting the hearing and to the Control
Officer at least fifteen days before the hearing.
B. If the Board, after the hearing, determines that the act or acts
set forth in the order constitute a violation of any provision of
the District Ordinance or of these Rules and Regulations or any
requirement of an operating or conditional permit issued pur-
suant to the District Ordinance or these Rules and Regulations
and that no conditional permit is justified, the Board shall af-
-firm or modify the order of abatement. The order may be condit-
ional and require a person to refrain from the particular acts
or acts unless certain conditions are met.
(3.0) Rule 1'4. ; CONDITIONAL PERMIT; STANDARDS
Ao The Hearing Board may grant to any person one conditional permit
for each air pollution source which allows such person to vary
from certain requirements of these Rules or Regulations if the
Hearing Board finds that additional time is needed for compli-
,ance and, upon the basis of evidence presented to it, that the
conditional permit, if granted, will not unduly endanger hunwn
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health or safety either directly or indirectly.
(3.0) Rule 15. . PETITION FOR CONDITIONAL PERMIT; PUBLICATION; PUBLIC .
HEARING
A. A person who seeks a conditional permit shall file a petition with
. the Hearing Board. Within thirty days after the filing of a
petition for conditional permit, the Hearing Board shall set a
hearing date. The hearing date shall be within sixty days after
the filing of the petition.
B. Notice of the filing of a petition for conditional permit and of
the hearing date on said petition shall be published in the manner
provided in Rule 21.
C. The hearing on the petition for the conditional permit shall be
pub. lie.
(3.0) Rule 16. DECISIONS ON PETITIONS FOR CONDITIONAL PERMIT; TERMS AND
CONDITION OF CONDITIONAL PERMITS
A, Within thirty days after the conclusion of the hearing on the
petition for a conditional permit, the Hearing Board shall deny
the petition or grant the petition on such terms and conditions
as it deems appropriate.
B. The terms and conditions which are imposed as a condition to the
granting or the continued existence of a conditional permit shall
include but not be limited to:
1. A detailed plan, not to exceed one year in duration, for com-
pletion of corrective steps needed to conform to the require-
ments of these Rules and Regulations and the provisions of
the District Ordinance.
2. Such written reports as may be required.
'3. The right to make periodic inspection of the facilities for'
which the conditional permit is granted. '
C. The fee for a conditional permit shall be twice the amount of
the annual operating permit fee for such equipment and shall be
deposited in the special Pima County Air Pollution Control Dis-
trict fund.
(3.0) Rule 17. TERM OF CONDITIONAL PERMIT
A conditional^permit, and any extension thereof, shall be valid for such
period as the Hearing Board prescribes but in no event for more than one
year from the date of initial issuance.
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(3.0) Rule 18. SUSPENSION AND REVOCATION OF CONDITIONAL PERMIT
If the terms and conditions of the conditional permit are being violated,
the Control Officer may seek to revoke or suspend the conditional permit
granted. In such event, the Control Officer shall serve notice of such
violation on tne holder of the conditional permit in the manner provided
in Rule 21. The notice shall specify the nature of such violation and
the date on which a hearing will be held by the Hearing Board to determine
if such a violation has occurred and whether the conditional permit should
be suspended or revoked. The date of said hearing shall be within thirty
days from the date said notice is served upon the holder of the conditional
permit.
(16.0) Rule 19. DECISIONS OF HEARING BOARD; SUBPOENAS; EFFECTIVE DATE
A. All decisions of the Hearing Board, including the majority opin-
ion and all concurring and dissenting opinions, shall be in
writing and shall be of public record.
B. A majority of the total membership of the Hearing Board shall
concur in a decision for it to have effect.
C. The chairman, or, in his absence, the vice chairman may issue sub-
poenas to compel attendance of any person at a hearing and require
the production of books, records, and other documents material to
a hearing. Obedience of subpoenas may be enforced pursuant to
A.R.S. Section 12-2212.
D. Subject to the approval of the Board of Supervisors, the Hearing
Board may adopt a manual of procedures governing its. operation.
E. Decisions of the Hearing Board shall become effective not less
than thirty days after they are issued unless:
1. A rehearing is granted which shall have the effect of stating
the decision.
2, It is determined that an emergency exists which justifies an
earlier effective date.
F. The Hearing Board may revoke or modify an order of abatement, a
permit or a conditional permit only after first holding a hear-
ing within thirty days from the giving of notice of such hearing
as provided in Rule 21.
(16.0) Rule 20. JUDICIAL REVIEW; GROUNDS; PROCEDURES
A. Judicial review of Hearing Board decisions shall b? pursuant to
the provisions of Arizona Revised Statutes, Title i2. Chapter 7,
Article 6, except as provided in this rule.
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B. Within thirty days after service of notice of a final decision
or order of the board, or an order denying a rehearing timely
applied for, any person who was a party of record in the pro-
ceedings before the board, including the Control Officer or
department authorized or designated to enforce air pollution reg-
ulations, may appeal therefrom to the Superior Court in the County
in which the hearing was conducted and the scope of such review
shall be determined pursuant to A.R.S. Section 12-910*
C. A notice of appeal, designating the grounds therefore, and a
demand in writing for a certified transcript of the testimony
and exhibits shall be filed with the court and served on the
board. After receipt of the demand, accompanied by payment of a
fee of the current prevailing rate for transcript, and one dollar
for certification thereof, the board shall make and certify the
transcript and file it with the Clerk of the Court to which the
appeal has been taken within thirty days, unless extended by
agreement of the parties or order of the court.
D. When an appeal is taken from an order or decision of the board,
such order or decision shall remain in effect pending final deter-
mination of the matter, unless stayed by the court, on a hearing
after notice to the board and upon a finding by the court, that
there is probably cause for appeal and that great or irreparable
damage may result to the petitioner warranting such stay.
E. An appeal may be taken to the Court of Appeals from the order of
the Superior Court as in other civil cases.. Proceedings under
this section shall be given precedence and brought to trial ahead
of other litigation concerning private interests and other matters
that do not affect public health and welfare.
(16.0) Rule 21. NOTICE OF HEARING; PUBLICATION; SERVICE
A. Any notice of hearing required by the District Ordinance or these
Rules or Regulations shall be given by publication of a notice
of hearing for at least two times in a newspaper of general cir-
culation published in Pi ma County arid by posting cop-'es of the
petition and notice in at least three conspicuous places in the
county.
B. If the hearing involves any violation of these Rules and Regula-
tion^ or a conditional permit therefrom then, in addition to the
requirements of Section A of this rule, the Control Officer shall
be notified and the person allegedly committing or having commit-
ted the violation or requesting the conditional permit shallbe
served personally or by registered or certified mail at least
fifteen days prior to the hearing with a written notice of hearing.
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(16.0) Ruie 22. HEARING BOARD FEES
A. Every petitioner for a hearing for any purpose before the
Hearing Board, except a state or local governmental agency or
public district, shall pay to the secretary of the Hearing Board,
on filing, a fee in the sum of $35.00.
B. Any person, except the Control Officer, requesting a transcript of
the hearing shall pay the cost of such transcript.
(15.0) Rule 23. INJUNCTION RELIEF
Upon the failure or refusal of a person to comply with an order of abate-
ment by the Hearing Board or the Control Officer in cases where an order
for abatement has become effective, the Control Officer may file an action
in the Superior Court of the county to restrain and enjoin the person en-
. gaging in further acts violating the order of abatement. The court shall
proceed as in other actions for injunctions. In the preliminary hearing
in an action for an injunction or restraining order brought pursuant to
the District Ordinance, any findings of the Hearing Board shall be prima
facie evidence of the fact or facts found therein until rebutted.
(2.0) Rule 24. PRECEDENCE OF ACTIONS
For the benefit of the people of the state, court actions and proceedings
brought under the District Ordinance or these Rules and Regulations shall
be given precedence and brought to trial ahead of other litigation con-
cerning private interests and other matters that do not affect public health
and welfare.
(15.0) Rule 25 MISDEMEANOR; PENALTY
Any person who violates any provision of the District Ordinance or these
Rules and Regulations or any effective order of abatement issued pursuant
to the District Ordinance or these Rules and Regulations is guilty of a
misdemeanor punishable by imposition of a fine of not less than fifty dol-
lars or more than three hundred dollars per day for each day the violation
continues. Each day of violation shall constitute a separate offense.
Peace officers and the Control Officer and his deputies shall have the au-
thority to issue a notice to appear under the same conditions and procedures
set forth in A.R.S. Section 13-1422 for a violation of any provision of the
District Ordinance or these Rules and Regulations or any effective order of
abatement issued pursuant to the District Ordinance or these Rules and
Regulations.
(2.0) Rule 26. DEFENSES
Violations under Rule 25 shall be Malum Prohibitum. Lack of criminal intent
shall not constitute a defense to such violations.
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(2.0) Rule 27. PRESERVATION OF RIGHTS
It is the purpose of the District Ordinance to provide additional and
cumulative remedies to prevent, abate, and control air pollution in the
county. Nothing contained in the District Ordinance shall be construed
to abridge or alter rights of action or remedies in equity under the com-
mon law or statutory law, criminal or civil, nor shall any provisions Of
the District Ordinance, or any act done by virtue thereof, be construed
as stopping the State or any municipalitys or owners of land from the
exercise of their rights in equity or under the common law or statutory
law to suppress nuisance or to abate pollution.
(3.0) Rule 28. FILING FEES
A. When an applicant files an application for an installation permit
a filing fee of $10.00 shall be paid on application submittal and
the Control Officer shall not act on such application until the
filing fee is paid.
B. The filing fee shall be applied to the installation permit fee
on permit issuance. No refund will be made in the event no
installation permit is issued.
(3.0) Rule 29. PERMIT FEES
A. Every applicant for an equipment installation permit or an equip-
ment operative permit for any equipment for which a permit is re-
quired under Rule 4 shall pay a permit fee in the .amount pre-
scribed in the following schedules. If a valid activity operat-
ing permit has been issued by the Control Officer for the activ-
ity in accordance with Regulation I, Rule 40, equipment operating
permits are not required.
B. Before a permit is issued a statement of the fee to be paid there-
fore shall be mailed to the applicant. If the fee is not re-
ceived within 30 days after the statement is mailed, the applica-
tion shall be deemed withdrawn and cancelled and the Control Of-
ficer shall so notify the applicant by mail.
C. Where an application is filed for a new installation permit ex-
clusively involving the transfer of location of stationary equip-
ment previously covered by an operating permit granted under Rule
4, the applicant shall pay an installation permit fee of only $10.
A new operating permit granted for operation at the new location
shall be subject to the provisions of Section D of Rule 4.
D. Where an application is filed for a new installation permit
exclusively involving major alterations resulting in a change to
any equipment, then covered by an operating permit under the pro-
visions of Rule 4, the applicant shall pay an installation permit
fee of only $10. Where a new operating permit is granted because
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of these alterations to equipment, the initial operating permit
fee shall be $10 and the annual renewal fee shall be calculated
on the basis of the new ratings and shall continue to be due and
payable on the anniversary date of the original permit.
E. Where an application is filed for a new operating permit exclus-
ively involving a change in owner or operator and the permit is
granted, the permit shall be subject to the provisions of Section
D of Rule 4.
F. In the event that more than one fee schedule is applicable to a
permit, the governing schedule shall be that which results in
the higher fee.
G. A request for a duplicate permit shall be made in writing to the
Control Officer within 10 days after the destruction, loss or
defacement of a permit. It should contain the reason for which
a duplicate permit is being requested. A fee of $5 shall be
charged for issuing a duplicate permit.
H. (REPEALED) (December 1974)
I. Fees paid in excess of the amount required or fees paid by mis-
take may be refunded on proper claim filed within one year after
payment. Changes in fee schedules shall not be retroactive.
J. The annual renewal fee for an operating permit under Rule 4 shall
be the prescribed operating permit fee under current fee sched-
ules. If the renewal fee is not paid by the anniversary date of
the permit, the permit shall be automatically revoked and the
Control Officer shall so notify the permittee by registered or
certified mail.
K. Where authority has been delegated to the district the State
Bureau of Air Pollution Control for jurisdiction and control of
specific types of portable or mobile air pollution source equip-
ment, an operating permit shall be required. An operating permit
may be issued to operate portable equipment under district juris-
diction at more than one location in the county but the Control
Officer shall be notified in writing of each change of location
of the equipment for the permit to remain valid. The permit will'
automatically be revoked for failure tc so notify the Control
Officer. Owners or operators of mobile equipment under district
jurisdiction shall be required to obtain operating permits for
. the equipment but shall not be required to notify the Control
Officer cf change of location. Permit fees as established by
the fee schedules of Rule 30 of this regulation shall be paid
for permits for portable and mobile equipment under district
jurisdiction.
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L. With respect to the fee schedules contained in Rule 30 of this
regulation only, the maximum installation permit fee for all per-
mit units for stationary and mobile and portable equipment of any
one owner or company at an individual contiguous plant site shall
not exceed a fee of $1,000 and the maximum operating permit fee
for that equipment shall not exceed a yearly fee of $1,000.
M. A permit fee of $8 shall be assessed for a Temporary Burning Per-
mit. Agricultural burning permits issued pursuant to Regulation
II, Rule 8A shall be issued for burning to be conducted on spec-
ific dates during a given 30-day period. Fees shall be assessed
for the 30-day permit in the amount of $11 plus $1.50 per each
day oh which agricultural burning is to be performed.
N. With respect to the fee schedule contained in Rule 4E of this reg-
ulation only, the maximum fee for the combined total of earth-
moving, land preparation, demolition, trenching, blasting and
charge hole drilling, and road construction for any one owner or
company at an individual contiguous activity site shall not exceed
a yearly fee of $1,000.
0. With respect to the fee schedules contained in Rule 40 of this
regulation only, the maximum fee for the combined total of racing
event, minimg activities (including related blasting), and un-
paved parking lot operations for any one owner or company at an
individual contiguous operation site shall not exceed a yearly
fee of $1,000.
(3.0) Rule 30. EQUIPMENT FEE SCHEDULES
Any equipment for which an installation permit or an operating permit is
required under Rule 4 shall be assessed a permit fee per permit unit of
equipment in accordance with the following schedules:
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SCHEDULE I
INCINERATOR AND SCRAP METAL SWEATERS
f
Based on the maximum horizontal inside cross sectional area in feet, of
the primary combustion chamber
Permit Fee $
Area in Square Feet
Up to and including 3
Greater than 3 but less than 6 . . . .
6 or greater but less than 9
9 or greater but less than 27
27 or greater but less than 50 . . . .
50 or greater but less than 75 . . . .
75 or greater but less than 100 . . . ,
Greater than 100 • . .
SCHEDULE 2
STORAGE EQUIPMENT
Stationary tanks, reservoirs, or other
Gallons
Greater than 250 but less than 15,000 .
15,000 pr greater but less than 40,000
40,000 or greater but less than 400,000
400,000 or greater but less than 4,000,
4,000,000 or qreater . . . . •
Installation
.... 15
.... 25
.... 50
.... 100
150
.... 200
.... 250
. . . . 300
containers
Permit
Installation
.... 20
.... 40
.' . . . 70
000 , . 100
.... 150
Operating
10
15
40
75
115
150
190
225
Fee $
Operating
15
30
S5
75
115
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SCHEDULE 3
FUEL BURNING EQUIPMENT (Except equipment covered by Schedule 4)
Based on designed fuel consumption using gross input heating values per
permit
Permit Fee $
BTU per Hour Installation Operating
500,000 * or greater but less than 1,500,000 . 50 40
1,500,000 or greater but less than 5,000,000 ... 70 55
5,000,000 or greater but less than 15,000,000 . . 150 115
15,000,000 or greater but less than 50,000,000 . . 200 150
50,000,000 or greater . 270 205
* Includes equipment items rated at less than 500,000 BTU each which
aggregate with other such equipment of the applicant at the same
location or property, other than a one or two-family residence, more
than 500,000 BTU gross input.
SCHEDULE 4
NATURAL GAS-LPG FUEL BURNING EQUIPMENT
Permit Fee $
BTU per Hour Installation Operating
500,000* or greater but less than 1,000,000 .20 15
1,000,000 or greater but less than 5,000,000 .40 30
5,000,000 or greater , 100 75
* Included equipment items rated at less than 500,000 BTU each which
aggregate with other such equipment of the applicant at the same
location or property, other than a one or two-family residence,
more than 500,000 BTU gross input.
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SCHEDULE 5
MOTOR ENGINES
Based on total rated horsepower or equivalent of all electric, gasoline,
diesel, natural gas and LPG motors and engines included in permit unit.
Permit Fee $
Horsepower Installation Operating
Up to and including 5 15 10
Greater than 5 but less than 15 25 20
15 or greater but less than 30 50 40
30 or greater but less than 45 70 55
45 or greater but less than 65 100 75
65 or greater but less than 125 150 115
125 or greater but less than 200 ....... 200 150
200 or greater 270 205
S"
SCHEDULE 6
ELECTRIC ENERGY EQUIPMENT (Except electric motors)
Based on total kilovolt ampere (KVA) ratings per permit unit
Permit Fee $
Kilovolt Amperes (KVA) Installation Operating
Up to and 'including 45 15 10
Greater thar. 45 but less than 145 ....... 25 20
145 or greater hut less than 450 . 50 40
450 or greater but less than 1,450 70 55
1,450 or greater but less than 2,500 ...... 100 75
}
2,500 or greater but less than 4,500 .,„... 150 U5
4,500 or greater but less than 14,500 ..... 200 150
14,500 or greater ....'... 270 205
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SCHEDULE 7
PAINT SPRAYING EQUIPMENT
Permit Fee $
Installation Operating
Paint Spraying-Operations (per permit unit
or spray booth) 15 10
SCHEDULE 8
ASPHALT KETTLES AND ASPHALT TANKERS
Permits are required under this fee schedule for asphalt kettles and
tankers used in roofing operations or any other operation using asphalt
which might cause or contribute to air pollution, or which might cause
emissions of odorous matter. No permit shall be required for asphalt
tankers which are used exclusively for the transportation of asphalt
and are not used for the application of asphalt to roofs, roads, or
other surfaces.
Permit Fee $
Total Capacity in Gallons Installation
Less than 500
Greater than 500 but less than 1,000 . . . . .
Greater than 1,000 but less than 1,500 ....
Greater than 1 .500 .
25
50.
80
100
Operating
20
40
60
75
SCHEDULE 9
MISCELLANEOUS
Any equipment which is not included in the preceding schedules and which
requires a permit under Rule 4 of this regulation shall be assessed an
installation permit fee of $40 and an operating permit fee of $25:
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(9.0) Rule 31. EMISSIONS TEST FEE
A. Whenever the Control Officer has reason to believe that stack
sampling of the emission from any source is necessary to deter-
mine the extent and amount of pollutants being discharged into
the atmosphere, he may have the stack emission sampled and an-
alyzed by qualified personnel; or the person causing the emis-
sion, at his option with the approval of the Control Officer,
may have the emission sampled and analyzed by approved personnel
and submit a complete report of the sampling data and analyses
within 15 days of the approved time period for sampling. The
time required for collecting sampled, making the analyses and
preparing the necessary reports shall be charged against the
owner or operator of the source in a reasonable sum to be de-
termined by the Control Officer, which said sum is not tc exceed
the actual cost to the district of such work. The owner or oper-
ator shall pay the sum charged within 30 days of the invoicing
of the charge.
(9.0) Rule 32. TESTING AND SAMPLING FACILITIES
A, Notwithstanding any air contaminant monitoring devices that may
be required by the Control Officer under Section C of Rule 11
it shall be the responsibility of the owner or operator of an
air contaminant emissions source to, and he shall, provide at
his expense necessary and conveniently located utilities, rea-
sonable and necessary test openings in the system, stack, or
stack extension if necessary for uniformity of gas flow, and
safe access thereto to permit technically valid samples and
measurements of the emissions to be taken by the Control Officer
at reasonable times and under reasonable conditions,
B. In the event the existing facilities for sampling or testing and
the access thereto are inadequate to permit the taking or tech-
nically valid samples and measurements, the Control Officer
shall notify the source owner or operator, in writing, of the
required size, number, and location of sampling holes; required
stack extension where necessary; required size and location of
the sampling platform; required access to the sampling plat-
form; required utilities for operating the sampling and testing
equipment; and the required schedule for the furnishing of these
requirements. The source owner or operator shall furnish such
facilities as required in accordance with the schedule outlined
by the Control Officer.
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REGULATION II EMISSIONS PROHIBITED
(50.1.2) Rule 1. ' VISIBLE EMISSIONS
A. No person shall cause or permit the discharge into the atmosphere
from any single source of emission air contaminants which are:
1. of a shade equal to or darker than No. 2 on the Ringelmann
Chart, or,
2. of a density equal to or greater than 40 percent opacity.
B. Exceptions
1. A person may cause or permit the discharge into the atmosphere
from any single source of emission, except incinerators and
diesel engines, for a period or periods aggregating not mere
than three minutes in any sixty minutes air contaminants which
are:
a." of a shade not darker than No. 3 of the Ringelmann Chart,
or
b. of a density not greater than 60 percent opacity
2. A person may cause or permit the discharge into the atmosphere
of air contaminants of a shade not darker than No. 3 on the
Ringelmann Chart from:
a. a diesel engine being accelerated under load for e maximum
of ten consecutive seconds, or
b. a cold diesel engine being started up with equipment at
standstill for a start up period not to exceed ten minutes.
3. Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of this rule,
this rule shall not apply.
C. No person shall cause or permit the discharge into the atmosphere
from any incinerator for more than thirty seconds in any sixty
minutes smoke which is of a shade or density equal to or darker
than No. 1 on the Ringelmann Chart or 20 percent opacity, and no
person shall cause or permit the operation of any incinerator from
sunset to sunrise.
D. No person shall cause or permit the discharge of visible emissions,
including fugitive dust, beyond the lot line of property on which
the emissions originate.
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(50.1) Rule 2. EMISSIONS OF PARTICULATE MATTER
A. No person shall cause or permit to be emitted into the outdoor
'atmosphere from any incinerator particulate matter to exceed 0.1
grains per cubic foot of flue gas at standard conditions adjusted
to 12 percent carbon dioxide in the exhaust gases and calculated
as ,if no auxiliary fuel had been used.
B. 1. Nc owner or operator of any stationary process source shall .
discharge or cause the discharge of particulate matter into
the atmosphere in excess of the hourly rate shown in Table I
for the process weight rate identified for such source:
Table I
Process Weight Rate Emission Rate
(pbunds per hour) (pounds per hour)
50 0.36
100 0.55
F>00 1.53
1,000 . 2.25
5,000 6.34
10,000 .... ......... 9.73
20,000 ...... 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 . . . ' 40.35
1,000,000 . . . 46.72
Interpolation of the data in the table for process weight rates
up to 60,000 Ibs/hr shall be accomplished by use of the equation:
E = 3.59 P°-62 P430 tons/hr
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and interpolation and extrapolation of the data for process
weight rates in excess of 60,000 Ibs/hr shall be accomplished
by use of the equation:
E = 17.31 p°-36 P 30 tons/hr
Where
E = Emissions in pounds per hour
P = Process weight in tons per hour
2. Where the nature of any process or operation or the design of
any equipment is such as to permit more than one interpolation
of this regulation (Rule 2B), the interpretation that results
in the minimum value for allowable emission shall apply,
3. For purposes of this regulation (Rule 2 B), the total process
weight from all similar process units at a plant or premises
shall be used for determining the maximum allowable emission
of particulate matter.
4. Rule 2B-1 of this regulation shall not apply to incinerators,
fuel-burning installations, or Portland Cement Plants having
a process weight rate in excess of 250,000 Ibs/hr.
5. Standard for particulate matter for Portland Cement Plants:
a. No owner or operator of a Portland Cement Plant with a
process weight rate in excess of 250,000 Ibs/hr shall
discharge or cause the discharge of particulate matter
into the atmosphere from the kiln which is:
1. In excess of 0.30 Ib per ton of feed to the kiln
(015 Kg. per metric tons), maximum 2-hour average.
2. Greater than 10 percent opacity, except that where
the presence of uncombined water is the only reason
for failure to meet the requirements for this subpara-
graph, such failure shall not be a violation of this
section.
b. No owner or operator subject to the provisions of this
rule (Rule 2B-5) shall discharge or cause the discharge
into the atmosphere of particulate matter from the clinker
cooler which is:
1. In excess of 0.10 Ib. per ton of feed to the kiln
(0.050 Kg. per metric ton), maximum 2-hour average.
2. 10 percent opacity or greater.
c. No owner or operator subject to the provisions of this
rule (Rule 2B-5) shall discharge or cause the discharge
into the atmosphere of particulate matter from any
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affected facility other than the kiln or clinker cooler
which is 10 percent opacity or greater.
6. The test measures and procedures used to determine compliance
with this rule will be in accordance with the procedure spec-
ified by the EPA in the Federal Register, May 14, 1973, 39 FR
12704, Section 52.126. Equivalent methods and procedures may
be used if approved by the Control Officer,
C. No person shall cause or permit any material to be handled, used,
transported or stored, in process, construction, or otherwise, in
a manner which allows or may allow particulate matter to become
airborne without minimizing such emissions by good modern prac-
tices, such as enclosing or hooding with necessary dust collecting
equipment, covering (as for stockpiles or loads in open bodied
trucks), using an approved dust suppressant, or other acceptable
means.
D. No person, shall cause or permit sandblasting or other abrasive
blasting operations without minimizing dust emissions to the
atmosphere by good modern practices, such as wet blasting, the
use of effective enclosures with necessary dust collecting equip-
ment or other acceptable means.
E. No person shall cause or permit a building or its appurtenances,
or a building or subdivision site, or a driveway or road, or a
parking area, or a vacant lot or sales lot, or an urban or sub-
urban open area to be constructed, used, altered, repaired, de-
molished, cleared, or leveled, or the earth to be moved or ex-
cavated, without taking precautions to limit particulate matter
from becoming airborne. Dust and other types of air contaminants
shall be kept to a minimum by good modern practices such as using
an approved dust suppressant or adhesive soil stabilizer, paving,
detouring, barring access, or other acceptable means.
F. No person shall cause or permit a vacant lot, or an urban or sub-
urban open area, to be driven over or used by motor vehicles,
trucks, cars, cycles, bikes, or buggies, or by animals (as horses)
without taking precautions to limit dust from becoming airborne.
Dust shall be kept to a minimum by using an approved dust sup-
pressant or adhesive soil stabilizer, or by paving, or by barring
access to the property, or by other acceptable means.
G. Particulate Emissions From Fuel Burning Equipment
1. This regulation applies to any installation in which fuel is
burned for the primary purpose of producing steam, hot water,
hot air or other liquids, gases or solids and in the course
of doing so the products of combustion do not come into direct
contact with process materials. When any products or by-
products of a manufacturing process are burned for the same
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purpose or in conjunction with any fuel, the same maximum
emission limitations shall apply.
2. The heat content of solid fuel shall generally be determined.
according to ASTM Method D-27'1, "Laboratory Sampling and An-
alysis of Coal or Coke," and ASTM Method D-2015, "Gross Cal-
oric Value of Solid Fuel by Adiabatic Bomb Calorimeter."
Thes,e methods shall be used as guides, but may be modified
by the Control Officer to suit specific sampling conditions
or needs based upon good practice.
3. For purposes of this regulation, the heat input shall be the
aggregate heat content of all fuels whose products of com-
bustion pass through a stack or other outlet. The heat in-
put value used shall be the equipment manufacturer's or de-
signer's guaranteed maximum input, whichever is greater.
The total heat input of all fuel-burning units on a plant or
premises shall be used for determining the maximum allowable
amount of particulate matter which may be emitted.
4. No person shall cause, allow or permit the emission of par-
ticulate matter, caused by combustion of fuel, from any fuel-
burning operation in excess of the amounts calculated by the
equations presented below:
a. For equipment having a heat input of 4200 million BTU per
hour or less, the maximum allowable emissions shall be
determined by the following equation:
E = 1.02Q0'769
Where E = the maximum allowable particulate emissions
rate in pounds-mass per hour.
Q = the heat input in million BTU per hour.
b. For equipment having a heat input rate.greater than
4200 million BTU per hour, the maximum allowable
emissions shall be determined by the following equa-
tion:
E=17.0Q°-452
Where "E" and "Q" have the same meanings as in subpara-
graph a above.
c. For reference purposes only, the two equations in para-
graph 4 are plotted in Figure 1. The emission values
obtained from the graph are approximately correct for
the heat input rates shown. However, the actual values
shall be calculated from the applicable equations and
rounded off to two decimal places,
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(50.6) Rule 3. EMISSIONS OF GASES, VAPORS, FUMES, OR ODORS
A. No person shall cause or permit any emissions of gases, vapors,
or fumes into the atmosphere in such manner or quantities as to
result or tend to result in air pollution without minimizing such
emissions by good modern practices.
B. No person shall cause or permit any emission of odorous matter in
such manner or quantity as to be readily detectable as malodorous
at any point along or beyond property lines
1.
adjacent to residential, recreational, institutional, educa-
tional, retail sales, hotel* or business premises^ or
2. adjacent to premises other than those in Subsection 1 above.
when one volume of air containing such odorous matter is
diluted with 20 or more volumes of odor free air;
3. except that the odor of live trees, shrubs, plants or flowers,,
and the odors incidental to domestic gardening shall not be
considered malodorous within the meaning of this rule.
C. No person shall cause or permit solvents or other volatile com-
pounds or materials such as, but not limited to, paints, acids,
alkalies, pesticides, fertilizer, or manure to be processed,
stored, used, or transported in such a manner or by such means
that they will unreasonably evaporate, leak, escape, or be other-
wise discharged into the ambient air so as to cause or contribute
to air pollution; and where means are available to reduce effect-
ively the contribution of the above to air pollution from evapora-
tion, leakage, or discharge as determined by the Control Officer,
such control methods, devices or equipment shall be installed and
used.
(51.16) Rule 4. STORAGE AND HANDLING OF PETROLEUM PRODUCTS
A. A person shall not place, store, or hold in any stationary tank,
reservoir or other container of more than 40,000 gallons capacity
any gasoline or other petroleum distillate having a vapor pressure
of 1.5 pounds per square inch absolute or greater under actual
storage conditions, unless such tank, reservoir or other container
is a pressure tank maintaining working pressures sufficient at all
times to prevent hydrocarbon vapor or gas loss' to the atmosphere,
or is equipped with a floating roof or a vapor recovery system or
other emission control device.
No person shall load or permit the loading of gasoline into
stationary tank with a capacity of 250 gallons or more unless
such tank is equipped with either submerged filling inlets or
with vapor recovery or emission control systems such that loss of
vapor to the atmosphere during filling operations shall be mini-
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mized. The provisions of this Section B shall not apply to the
.loading of gasoline into any tank having a capacity of less than
2,000 gallons which was installed prior to 1969 nor to any under-
ground tank installed prior to 1969 where the fill line between
the fill connection and the tank is offset.
C. No person shall load or permit the loading of gasoline into any
tank, truck, or trailer from any loading facility handling 20,000
gallons per day or more unless such loading facility is equipped
with submersible filling arms or other emission control systems.
D. For the purpose of this rule, any petroleum distillate having a
reid vapor pressure of four pounds or greater shall be included
by the term "gasoline".
(50.4) Rule 5. ORGANIC SOLVENTS
A. No person shall cause or permit the discharge of more than 3
pounds per hour or 15 pounds per day of organic material from
any equipment, including but not limited to surface coating,
printing, degreasing or dry cleaning equipment, or other con-
trivance used for employing or applying any organic solvent other
than those accepted by the Control Officer as being photochem-
ically nonreactive without reducing such emissions by at least
85 percent through carbon adsorption, incineration oxidizing to
carbon dioxide more than 90 percent of the organic compound, or
other acceptable means.
B. For the purposes of this rule, organic solvents include diluents
and thinners and are defined as organic materials'which are liquid
at standard conditions and which are used as dissolvers, viscosity
reducers, or cleaning agents.
(51.8) Rule 6, OPERATION OF ASPHALT KETTLES
A. No person shall cause or permit the operation of an asphalt kettle
without minimizing air contaminant emissions by good modern prac-
tices including the control of temperature below the asphalt flash
poirtt and below the maximum temperature recommended by the asphalt
manufacturer, the operation of the kettle with lid closed except
when charging, the pumping of asphalt from the kettle or the draw-
ing of asphalt through cocks with no dipping, the maintaining of
the kettle in clean, properly adjusted, and good operating con-
dition, and the firing of the kettle with liquid petroleum gas or
other fuel acceptable to the Control Officer.
(51.7) Rule 7. EMISSIONS LIMITATION. FUEL BURNING EQUIPMENT
A. Emission Limitation, Fuel Burning Equipment - Sulfur Dioxide
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1. This regulation applies to an installation operated for the
purpose of producing electric energy with a resulting dis-
charge of sulfur dioxide in the installation's effluent gases,
2. Steam power generating installations which are new sources
shall not emit more than 0.80 pounds of sulfur dioxide,, max-
imum two-hour average, per million BTU heat input when coal
is fired. Steam power generating installations which are
existing sources shall not emit more than 1.0 pounds of sul-
fur dioxide, maximum two-hour average, per million BTU heat
input when coal is fired.
B. Emission Limitation, Fuel Burning Equipment - Nitrogen Oxides
1. This regulation applies to an installation operated for the
purpose of producing electric energy with a resulting dis-
charge of nitrogen oxides in the installation effluent gases.
2. Steam power generating installations which are new sources
shall not emit more than 0.20 pounds of nitrogen oxides, max-
imum two-hour average, calculated as nitrogen dioxide, per
million BTU heat input when gaseous fossil fuel is fired.
3. Steam power generating installations which are new sources
shall not emit more than 0.30 pounds of nitrogen oxides, max-
imum two-hour average, calculated as nitrogen dioxide, per
million BTU heat input when liquid fossil fuel is fired,
4, Steam power generating installations which are new sources
shall not emit more than 0.70 pounds of nitrogen oxides, max-
imum two-hour average, calculated as nitrogen dioxide, per
million BTU heat input when solid fossil .fuel is fired.
(51.13) Rule 8. OPEN BURNING
A. it shall be unlawful for any person to ignite, cause to be
ignited, permit to be ignited, or suffer, allow or maintain
any open outdoor fire within Pi ma County except as provided in
the following subsections of this rule:
1. Open outdoor fires used only for domestic cooking of food,
or for providing warmth for human beings, or for recreational
purposes, or for the branding of animals, or for the training
of organized fire fighters, will be permitted without open
burning permit (City permit may be required by City Ordinance)
.provided they do not create a public nuisance.
2. The following open outdoor fires may be permitted by the
Control Officer under written burning permit on forms pro-
vided by the Control Officer, who shall determine the con-
ditions and times for burning:
-------
a. Open outdoor fires declared as necessary in Writing to the
Control Officer by:
1. Any public, official in the performance of official
duty for the purpose of weed abatement or the pre-
vention of a fire hazard or for the disposal of dan-
gerous materials where there is lio safe alternate
method of disposal.
2. The Federal government or any of its departments,
agencies, or agents; the State or any of its agencies,
departments or political subdivisions for the purpose
of watershed rehabilitation or control through veg-
etation manipulation.
3. The State entomologist or the agricultural extension
agent of Pima County for the sole purpose of pest and
disease prevention found necessary by actual agency
investigation.
b. Open outdoor fires for the burning of agricultural ditch
banks, fence rows, and canal laterals, with high tempera-
ture mechanical burners, where no reasonable alternate
method of removal is available.
c. Open outdoor fires in nurseries, or citrus groves having
factory fabricated heaters so controlled that under field
conditions they will not produce unconsumed solid carbon-
aceous matter at a rate in excess of 1 gram per minute
per unit.
d. Open outdoor fires for the burning of ordinary household
trash in nonurban areas of low population density, as de-
termined by the Control Officer, where no refuse collection
service is available. An area of low population density is
'considered to be an area with a density of less than 100
well spread out dwelling units per square mile and where
the nearest dwelling unit to the permit applicant is at
least one eighth mile distant.
e. Open outdoor fires for the burning of tumbleweeds only
where there is no reasonable alternate method of disposal.
f. Open outdoor fires for the purpose of land clearance for
construction or agricultural uses in remote nonurban areas
i at least one half mile from the nearest residence where
there is no reasonable alternate method of disposal. Per-
mits for this purpose will be issued only for the burning
under meteorological conditions determined by the Control
Officer of trees, bushes, and brush piles as required by
the Control Officer. ... . •'.
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g. Open outdoor fires as torches or flares for the purpose
of emergency safety measures.
h. Open outdoor fires permitted by any conditional permit
issued by a hearing board established under the District
Ordinance.
i. Nothing in this rule is intended to permit any practice
which is in violation of any statute, ordinance, or rule
or regulation.
3. The Control Officer, in the exercise of his discretion may
waive the written open burning permit requirement as set forth
in Subsection 2 above.
4. Any violation of this rule shall be a misdemeanor punishable
as provided in Rule 25 of Regulation I.
(7.0) Rule 9. MALFUNCTION OF EQUIPMENT
Emissions exceeding any of the limits established in this regulation as a
direct result of malfunction or breakdown of any incinerator or any pro-
cess, fuel-burning, or control equipment or related operating equipment
beyond the control of the person owning or operating such equipment may
not be deemed to be in violation of these Rules and Regulations provided
that the person responsible for such emission had been making a diligent
maintenance effort to prevent malfunction or breakdown, and provided further
that such person advises the District immediately of the circumstances, and
submits to the Control Officer in writing within 24 hours an acceptable plan
and schedule«for correcting such malfunction or breakdown, and diligently
pursues all reasonable means for accomplishing such corrective and prevent-
ive action.
(2.0) Rule 10. ' CIRCUMVENTION
Nothing in this regulation authorizes or is intended to authorize any prac-
tice or combination of practices intended or designed to evade or circum-
vent the basic requirements of this regulation. Any intent, design, or
act to evade or circumvent the requirements of this regulation shall be a
violation of these Rules and Regulations.
(2.0) Rule.11. EXCEPTIONS
A. The provisions of these Rules and Regulations shall not apply to
those a'ir pollution sources over which the Air Pollution Control
Division of the State of Arizona shall have original jurisdiction
and control and over which the director of the division shall
have asserted jurisdiction and control at the state level pur-
suant to Section 36-1706, Arizona Revised Statutes, except when the
director of the division has delegated authority for jurisdiction
and control of an air pollution source to the district.
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REGULATION III EMERGENCIES
(8.0) Rule 1. . EMERGENCIES
A. Notwithstanding the provisions of these Rules and Regulations or
any other provision of law, if the Control Officer finds that any
person is causing or contributing to air pollution and that such
pollution creates an emergency which requires immediate action to
protect the public health or safety, he shall order such person to
reduce or discontinue immediately the air pollution and such order
shall be complied with immediately. Upon issuance of any such or-
der, the Hearing Board shall be notified and shall fix a time and
place for a hearing before the Hearing Board, such hearing to be
held within a reasonable time thereafter. No more than 24 hours
after the conclusion of such hearing, and without adjournment
thereof, the order shall be affirmed, modified or set aside. If
at any time prior to the hearing, remedial action has been taken
so that public health or safety shall not again be endangered,
then the Control Officer shall advise the Hearing Board and the
Hearing shall be cancelled.
REGULATION IV EFFECTIVE DATE
(2.0) Rule!. EFFECTIVE DATE FOR RULES AND REGULATIONS
These Rules and Regulations shall become effective immediately upon their
adoption.
(2.0) REGULATION V SEVERABILITY CLAUSE
Should any rule, section, paragraph, sentence, clause or phrase of these
Rules and Regulations be declared unconstitutional or invalid for any
reason, the remainder of said Rules and Regulations shall not be affected
thereby.
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(4.0) REGULATION VI AMBIENT AIR QUALITY STANDARDS
Notwithstanding the emissions limitations contained in these regulations,
no person shall plan, construct, install, erect, or operate any air pol-
luting equipment or facilities which discharge or have the potential for
discharging air contaminants in such a way that the concentrations of emis-
sions will prevent the attainment or interfere with the maintenance of the
following ambient air quality standards:
A. Non-Specific Particulate
1. Maximum annual geometric mean --limit of 60 micrograms per
cubic meter.
2. Maximum 24-hour arithmetic average --limit of 150 micrograms
per cubic meter.
B. Sulfur Dioxide
1. Maximum annual average --limit of 50 micrograms per cubic meter.
2. Maximum 24-hour --limit of 260 micrograms per cubic meter.
3, Maximum 2-hour average --limit of 1,300 micrograms per cubic
meter.
C. Non-Methane Hydrocarbons
Three hour average (6 to 9 AM)-- limit of 160 micrograms per cubic
meter.
D. Photochemical Oxidants
One hour average --limit of 160 micrograms per cubic meter.
E. Carbon Monoxide
1. One hour average --limit of 40 milligrams per cubic meter.
2. Eight hour average --limit of 10 milligrams per cubic meter.
F. Nitrogen Dioxide
Maximum annual average --limit of 100 micrograms per cubic aieter.
G. Standards for periods of less than or equal to 24 hours may not be
exceeded more than once in any consecutive 12 month period.
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H. Evaluation
The evaluation of air quality in terms of procedure methodology
and concept is to be consistent with the officially adopted reg-
ulations of the U.S. Environmental Protection Agency as published
in the Federal Register or Code of Federal Regulations.
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(10.0) REGULATION VII STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
A. The Provisions of Part 60, Chapter 1, Title 40, Code of Federal
Regulations, as amended, are hereby adopted by reference and
made a part hereof as set forth in Appendix A attached hereto.
The regulation shall be known as Regulation VII of the Rules and
Regulations of the Pima County Air Pollution Control District.
Any amendments to this part that are promulgated by the U.S..
Environmental Protection Agency after the effective date of this
rule shall be subject to review and adoption by the Pima County
Board of Supervisors prior to becoming part of this rule. For
the purposes of this rule, the word "Administrator" as used in
Part 60, Chapter 1, Title 40, Code of Federal Regulations shall
mean the Control Officer of the Pima County Air Pollution Control
District.
Section 60.4 is hereby changed to read:
All applications, requests, submissions, reports under this part
shall be submitted in triplicate and addressed to the Air Pol-
lution Control Officer; Pima County Health Department, 151 West
Congress, Tuscon, Arizona, 85701; the Control Officer shall for-
ward a copy of each to the Regional Administrator, U.S. Environ-
mental Protection Agency, Region IX, 100 California Street, San
Francisco, California, 94111.
B. Any violation of the provision of the Rules and Regulations de-
scribed in Rule A above shall be considered a violation of the
Rules and Regulations of the Pima County Air Pollution Control
District.
C. Any owner or operator of planned new air polluting equipment or
facilities which require reviews by the Control Officer under this
regulation shall submit an application for an Installation Permit
as described in Regulation I, Rules 4 and 5 of these regulations.
In addition to the services normally required for the Installation
Permit, the Control Officer shall conduct any necessary special
studies, evaluations, and appraisals required by the applicable
Federal Regulations herein adopted by reference. The Control Of-
ficer shall not issue the Installation Permit until the review
process, which includes the special studies, evaluations, and
appraisals, has been completed and the provisions of the applica-
ble adopted regulations have been met.
D. In addition to the fee for the Installation Permits as described
in Regulation I, Rules 4, 5, 29, and 30 of these regulations, the
owner or operator shall pay an additional reasonable fee for the,
special studies, evaluations, and appraisals required by the ap-
plicable adopted regulations; such additional fee shall.not exceed
the equivalent cost of the Installation Permit as described in
Rules 29 and 30, or the actual cost of services provided by the •'
Control Officer, whichever is smaller. Upon request by the owner
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or operator of the applicant of an Installation Permit required
by this regulation, the Control Officer shall furnish to the
owner or operator an itemized list of actual costs upon which the
additional fee was based.
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(11.0) REGULATION VIII EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
A. The Provisions of Part 61, Chapter 1, Title 40, Code of Federal
Regulations, as amended, are hereby adopted by reference and made
a part hereof as set forth in appendix B attached hereto, The
regulation shall be known as Regulation VIII of the Rules and Reg-
ulations of the Pima County Air Pollution Control District. Any
amendments to this part that are promulgated by the U.S. Environ-
mental Protection Agency after the effective date of this rule
shall be subject to review and adoption by the Pima County Board
of Supervisors prior to becoming a part of this rule. For the
purposes of this rule the word "Administrator" as used in Part
61, Chapter 1, Title 40, Code of Federal Regulations shall mean
the Control Officer of the Pima County Air Quality Control Dis-
trict.
Section 61.4 is hereby changed to read:
All request, reports, applications, submittals, and other communi-
cations to the Control Officer pursuant to this part shall be sub-
mitted in duplicate and addressed to the Air Pollution Control Of-
ficer, Pima County Health Department, 151 West Congress Street,
Tucson, Arizona, 85701; the Control Officer shall forward a copy
of e?ch to the Regional Administrator, U.S. Environmental Protec-
tion Agency, Region IX, 100 California Street, San Francisco,
California, 94111.
B. Any violation of the provisions of the Rules and Regulations de-
scribed in Rule A shall be considered a violation of the Rules
and Regulations of the Pima County Air Pollution Control District.
C. Any owner or operator who plans to install, erect, or construct
equipment or facilities which will pollute or has the potential
for polluting the atmosphere with Hazardous Air Pollutants as
described in the Federal regulations adopted by reference herein
shall first obtain an Installation Permit in the manner described
in Regulation I, Rule 4 and 5 of those regulations. Before is-
suing the Installation Permit, in addition to the normal services
provided by the Control Officer as described in Regulation I,
Rule 4, the Control Officer shall perform any special studies,
evaluations, or appraisals necessary for assuring that the planned
equipment or facilities will conform and comply with the adopted
regulations.
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MARICOPA COUNTY HEALTH CODE
CHAPTER XII
AIR POLLUTION CONTROL RULES AND REGULATIONS
REGULATION I GENERAL PROVISIONS
(2-0) Rule 1. EMISSIONS REGULATED: POLICY; LEGAL AUTHORITY
A. The intent of these Rules and Regulations is to prevent, reduce,
control, correct or remove air pollution originating within the
territorial limits of Maricopa County and to'carry out the mandates
of the State Air Pollution Control Law.
B. These Rules and Regulations are adopted pursuant to the authority
granted by Section 36-779, Arizona Revised Statutes.
(1.0) Rule 2. DEFINITIONS
In these Rules and Regulations, unless the context otherwise requires:
A. Air Pollution means the presence in the outdoor atmosphere of one
or more air contaminants or combinations thereof in sufficient
quantities, which either alone or in connection with other sub-
stances, by reason of their concentration and duration are or tend
to be injurious to human, plant or animal life, or causes damage
to property, or unreasonably interferes with the comfortable en-
joyment of life or property, of a substantial part of a community,
or obscures visibility, or which in any way degrades the quality
of the ambient air below the standards established by the Board
of Supervisors.
B. Accepted means approved by the Control Officer.
C. Advisory Council means the Maricopa County Air Pollution Control
Advisory Council appointed by the Maricopa County Board of Super-
visors.
D. Air Contaminants include smoke, vapors, charred paper, dust, soot,
grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol
droplets, odors, particulate matter, windborne matter, radioactive
materials, noxious chemicals, or any other material in the outdoor
atmosphere.
E. Approved means approved in writing by the Maricopa County Air Pol-
lution Control Officer.
t
F. ASME means the American Society of Mechanical Engineers.
G- ASTM means the American Society for Testing Materials.
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H. Control Officer means the Director of the Maricopa County De-
partment of Health Services or his authorized representative„•
I. Department means the Maricopa County Department of Health Ser-
vices.
J. Device, Machine. Equipment or other article means any assembly or
mechanism, the operation of which may cause or contribute to air
pollution or which is used primarily to prevent or control the
emission of air pollutants.
K. Discharge means the release, escape or emission of an air contam-
inant into the atmosphere.
L. Dust means any solid particulate matter discharge, released into
or carried in the atmosphere by natural forces or by any fuel
burning, combustion, process equipment, device, construction work
or by manual, mechanical or industrial processes including., but
not restricted to, crushing, bagging, covering, conveying, trans-
porting, transferring, and the like.
M. Flue means a duct or passage, such as a stack or chimney for air
contaminants.
N. Fly Ash means particulate matter, gasborne or airborne, consisting
essentially of fused ash, and/or unburned, or partially burned,
material resulting from combustion of fuel or refuse.
0. Fumes mean gases and vapors which cause air pollution when re-
leased into ambient air.
P. Gasoline means any petroleum distillate in liquid form at atmos-
pheric pressure having a Reid vapor pressure four pounds or over.
Q. Hearing Board means the Maricopa County Air Pollution Control Hear-
ing Board appointed by the Maricopa County Board of Supervisors.
R. Incinerator means any equipment, machine, device, contrivance or
other articles and all appurtenances thereof used for the de-
struction or reduction by burning of refuse, salvage material or
any other combustible waste matter.
S. Motor Vehicle means a self-propelled vehicle for use on the public
roads and highways of the State of Arizona, and required to be reg-
istered under the Arizona State Uniform Motor Vehicle Act.
T. Odors means smells, aromas, or stenches commonly recognized as of-
fensive, obnoxious or objectionable to a substantial part of a
community.
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U. Opacity means a condition of the atmosphere, or any part thereof,
in which it is partially or wholly impervious to rays of light,
and as1used in these Rules and Regulations refers to a condition
of the atmosphere which obscures an observer's view.
V. Open outdoor fire means any combustion of material of any type
outdoors, where the products of combustion are not directed
through a flue.
W. Operation means any physical action resulting in a change in the
location, form or physical properties of a material, or any chem-
ical action resulting in a change in the chemical composition or
properties of a material.
X. Organic Solvent means any liquid composed wholly or in part of a
carbon compound which is capable of dissolving another substance
or carrying it in suspension.
Y. Particulate Matter means any discrete particles of material, other
than uncombined water, which are carried in, suspended in, or dis-
charged into the atmosphere as a liquid or solid.
Z. Permit Unit means a machine, device or other article, including
but not limited to, fuel burning equipment, refuse burning equip-
ment, storage tank and/or process equipment which functions for
the processing or storage of material or materials, or a group of
such equipment interconnected by conveyor, chute, duct, pipe cr
hose for the movement of process material or products thereof. A
permit unit or grouping may be considered as encompassing all the
equipment used from the point or points of initial feed to the
point or points of termination where the process flow of material
will be or can be interrupted or to the point or points of dis-
charge where such discharge will be stored, go into a different
permit group, be physically separated from the equipment of the
permit unit group, or be discharged into the atmosphere.
aa. Person means any public or private corporation, company, partner-
ship, association or society of persons, the Federal Government
and any of its departments or agencies, the State and any of its
agencies, departments or political subdivisions, as well as a
natural person.
bb. Process and Process Equipment means any activity, operation or
treatment involving the use of any machine, equipment, device or
other article for changing any materials or for storage or hold-
ing of any materials and all appurtenances thereto including, but
not limited to, heat-treating furnaces, cupolas, electric fur-
naces, ferrous and nonferrous foundries, hot mix asphalt plants,
cement asphalt plants, concrete mix plants, sand and gravel op-
erations, cotton gins, feed mills, chemical plants, cement plants,
gypsum plants, refineries, dry cleaners, mining and smelting
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including equipment used in connection therewith, and all other
methods or forms of manufacturing, processing or storage that
may cause or contribute to air pollution in Maricopa County,
and all devices used for the control or reduction of air contam-
inants wising from such processes and process equipment.
cc. Process Weight means the total weight of all materials introduced
into any specific process, which materials may in any form be
discharged into the atmosphere. Solid fuels which are part of
the charge will be considered part of the process weight.
dd. Process Weight per hour means the total process weight for a
representative period of operation or for a continuous portion
thereof, divided by the number of hours of each period or portion
thereof:
ee. Ringelmann Smoke Chart means the Ringelmann Chart with instruc-
tions for use as published by the U.S. Bureau of Mines in I.C.
8333.
ff. Smoke means small visible gasborne particles, other than water
which are discharged into the atmosphere.
gg. Source means and refers to any physical facility, device, contri-
vance, condition, or activity, from which air contaminants are or
may be emitted.
hh. Standard Conditions means a gas temperature of 60 degrees Fahren-
heit and a gas pressure of 14.7 pounds per square inch absolute.
When applicable, all analyses and tests shall be calculated and
reported at standard gas temperatures and pressure values.
ii. Special Inspection Warrant means an order in writing issued in
the name of the State of Arizona, signed by a Magistrate, di-
rected to the Control Officer or his deputies authorizing him to
entqr into or upon public or private property for the purpose of
making an inspection authorized by law.
jj. Submerged Fill Pipe means a fill pipe, the discharge opening of
which is entirely submerged when the liquid is six (6) inches
above the bottom of the tank. Submerged fill pipe, when applied
to a tank which is loaded at its side means a fill pipe, the
discharge opening of which is entirely submerged when the liquid
level is eighteen (18) inches above the bottom of the tank.
kk. Vapor means the gaseous form of a substance normally found in the
liquid or solid state.
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(2.0) Rule 3. AIR POLLUTION PROHIBITED
No person shall discharge from any source whatsoever into the open air,
air contaminants which exceed in quantity or concentration that speci-
fied and allowed in these Rules and Regulations or the Rules and Regu-
lations of the Arizona State Department of Health or the Arizona Revised
Statutes or which cause damage to property or unreasonably interfere with
the comfortable enjoyment of life or property of a substantial part of a
community, or obscure visibility, or which in any way degrade the quality
of the ambient air below the standards established by the Board of Super-
visors or the State Board of Health.
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REGULATION II PERMITS
(3.0) Rule 20. PERMITS REQUIRED
A. Any person erecting, installing, replacing or making a major al-
teration to any machine, equipment, incinerator, device or other
article which may cause or contribute to air pollution or the use
of which may eliminate or reduce or control the emission of air
pollutants, shall first obtain an Installation Permit from the
Control Officer. An Installation Permit shall remain in effect
until the operating permit for such equipment is granted or de-
nied or the application is cancelled but in no instance more than
two years.
B. Before any machine, equipment, incinerator, device or other ar-
ticle described in paragraph A of this Rule, in existence or in
operation at the time of, or subsequent to, the effective date
of these Rules and Regulations may be operated or used, an operat-
ing permit shall be obtained in writing from the Control Officer.
C. No person shall use any power equipment for commercisl purposes
to clear away, excavate, or level land or engage in any earth
moving activities without first obtaining a permit from the Con-
trol Officer. A fee of $1.00 per acre will be charged for each
individual site with a minimum fee of $5.00. The permittee shall
grant the Control Officer the right of inspection of such land and
shall employ such dust control measures as the Control Officer
deems necessary for the control of air pollution. This Regulation
is not intended to include normal farm cultural practices.
D. A permit is required for any open burning authorized under the
exceptions in Section 36-789 Arizona Revised Statutes or Rule 51
of these Rules and Regulations.
(3.0) Rule 21. PERMIT CONDITIONS
A. Every application for an Installation Permit or an Operating
Permit shall be filed in the manner and form prescribed by the
Control Officer, and shall contain all the information neces-
sary to enable the Control Officer to make the determination to
grant o1" deny such application. Each application for Installation
Permit shall be accompanied by appropriate plans and specifica-
tions.
B. Operating permits shall be renewed annually, subject to compli-
ance with these Rules and Regulations, upon payment of an annual
renewal fee.
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C. A separate fee shall be charged for each permit unit of basic
equipment and for each permit unit of air pollution control equip-
ment; :
D. Where an operating permit is granted for equipment erected, in-
stalled, or replaced, on the site location of an existing operat-
ing permit of the same permittee, the annual renewal date of the
new permit shall be the anniversary date of the existing permit
and the new operating permit fee shall be pro-rated from the date
of issuance to that anniversary date.
E. In granting a permit, the Control Officer may require compliance
with specific conditions and terms which he deems applicable.
Failure to comply shall invalidate the permit.
F. No permit is valid until the applicable penrtit fee has been re-
ceived and the permit issued by the department.
(3.0) RUie 22. PERMIT DENIAL-ACTION-TRANSFER-POSTING-REVOCATION-COMPLI-
ANCE-EXPIRATION
A. The Control Officer shall deny an Installation Permit or an Op-
erating Permit if the applicant does not show that every such
machine, equipment, incinerator, device or other article, the use
of which may cause or contribute to air pollution, or the use of
which may eliminate or reduce or control the emission of air pol-
lutants, is so designed, controlled, or equipped with such air .
pollution control equipment, that it may be cixpected to operate
without emitting or without causing to be emitted air contamin-
ants in violation of the provisions of these Rules and Regula-
tions, or those of the State Board of Health.
(Arizona Revised Statute 36-779.02)
B. Prior to acting on an application for an Operating Permit, the Con-
trol Officer pursuant to Rule 42 of these Regulations may require
the applicant to provide and maintain such facilities as are neces-
sary for sampling and testing purposes in order to secure informa-
tion that will disclose the nature, extent, quantity or degree of
air contaminants discharged into the atmosphere from the machine,
equipment, incinerator, device or other article described in the
Installation Permit.
C, In acting upon an application for an Operating Permit, if the Con-
trol Officer finds that such machine, equipment, incinerator, de-
vice, or other article described in these Rules and Regulations
has been constructed not in accordance with the Installation Per-
mit, he shall deny the application for such Operating Permit.
The Control Officer shall not accept any further application for
an Operating Permit for such machine, equipment, incinerator, de-
vice or other article so constructed until he finds that such ma-
c^hine, equipment, incinerator, device or other article has been re-
constructed in accordance with the Installation Permit. (Arizona
Revised Statute 36-779.02)
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D. Non-Transferable - An Installation Permit or an Operating Permit
shall not be transferable, whether by operation of law or other-
wise, either from one piece of equipment to another, or from one
person to another. (Arizona Revised Statute 36-779.04)
E. Expiration - An Installation Permit shall expire two (2) years
from the date of its issuance if no action has been initiated on
such permit.
F. Posting of Permit - A person who has been granted an Operating
Rerm.it, shall firmly affix such permit, an approved facsimile of
such permit, or other approved identification bearing the permit
number upon such machine, equipment, incinerator, device or other
article for which the Operating Permit is issued in such a manner
as to be clearly visible and accessible. In the event that such
machine, equipment, incinerator, device or other article is so
constructed or operated that such permit cannot be so placed, the
permit bhall be mounted so as to be clearly visible in an acces-
sible place within a reasonable distance of such machine, equip-
ment, incinerator, device or other article, or maintained readily
available at all times on the operating premises. (Arizona
Revised Statute 36-779.06)
G. Permit Revocation
1. The Control Officer may revoke a permit if he determines, by
competent evidence, that the nature, extent, quantity, or
degree of air contaminants discharged into the atmosphere from
any equipment covered by the permit is in violation of
these Rules and Regulations, or the Rules and Regulations
'of the State Department of Health.
2. The Control Officer shall notify the permittee of such revo-
cation in writing, giving the reasons therefor, and the re-
vocation shall become final ten (10) days after notification.
Notification may be made in person or by Registered or Cer-
tified mail.
3. Revocation of a permit may be canceled by the Control Officer
anytime before the revocation becomes final if the permittee
has corrected the condition responsible for the permit re-
vocation.
4. Revocation of a permit shall be stayed by the permittee's
written petition for a hearing, filed in accordance with
Regulation VI, Rule 62 of these Regulations,
5. 'Upon revocation becoming final, an Operating Permit shall be
issued only on the basis of an application for a new permit.
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H. Compliance with other laws and regulations - The issuance of any
permit by the Control Officer shall not relieve any person from
compliance with these Rules and Regulations or any other law or
ordinance.
(3.0) Rule 23. PERMIT CLASSES
Whereas Section 36-779.01 Arizona Revised Statutes states that any person
erecting, installing, replacing or making a major alteration to any ma-
chine, equipment, incinerator, device or other article which may cause or
contribute to. air pollution or the use of which may eliminate or reduce or
control the emission of air pollutants, shall first obtain an Installation
Permit from the Control Officer and that before any such machine, equip-
ment, incinerator, device, or other article may be operated or used, an
Operating Permit shall be obtained in writing from the Control Officer, it
is hereby established that the following classes of machines, equipment,
devices or other articles may cause or contribute to air pollution or may
be used to prevent or control air contaminants and therefore require a
permit from the County Air Pollution Officer.
A. Fuel Burning Equipment - This class includes any equipments
machine, device, contrivance or other article used primarily to
burn any fuel for the purpose of heating or heat exchange, and
all appurtenances thereto including air pollution control equip-
ment. This class does not include refuse burning equipment and
equipment specifically excepted by the Arizona Revised Statutes.
B. Refuse Burning Equipment - This class includes any equipment,
machine, device, contrivance or other article used for the de-
struction or reduction of refuse, salvage material and all other
waste matter by burning and all appurtenances thereto including
all equipment or devices used for the prevention or control of
air contaminants.
C. Process Equipment - This class includes any equipment, machine,
device, contrivance or other article used for changing any ma-
terial whatever or for the storage or holding or processing of
any materials and all appurtenances thereto, the use or existence
of which may cause or contribute to the discharge or air contam-
inants into the outdoor atmosphere or are used for the prevention
or control of air contaminants. This class does not include that
equipment specifically classified as fuel burning or refuse burn-
ing equipment in these Rules and Regulations.
D. Petroleum Storage - This class includes any tank reservoir, or
other container with the capacity of 250 gallons or more used for
the storage of petroleum products, (Liquid or gas) except those
products with vapor pressure below 2.0 psia but does not include1
vehicles delivering these products. :
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E. Miscellaneous - This class includes any machine, device, equipment
or other article or process or activity which is not included in
the preceding schedules and which requires a permit under the auth-
.ority of these Rules and Regulations or the Arizona Revised Stat-
utes.
(3.0) Rule 24. INSTALLATION PERMIT FEES
A. A ten dollar ($10.00) fee shall be charged for the issuance of an
Installation Permit.
(3.0) Rule 25. ANNUAL OPERATING PERMIT FEES
A. One .annual operating fee shall be charged from the date of is-
suance of a permit to use or operate any machine, equipment, de-
vice or other article for which a permit is required by these
Rules and Regulations. The total of all annual operating permit
fees at one location shall not exceed $750.00. The permit fee
shall be due and paid on or before each anniversary date as pre-
scribed in the following schedule. In the event that a stationary
operation requiring an annual permit is operated less than six
months in any annual operating permit period, the permit fee
shall be one half of the annual operating fee.
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SCHEDULE FOR PERMIT FEES
Schedule 1
Fuel Burning Equipment Schedule (except equipment covered by Schedule 2)
Based on designed fuel consumption,
using gross Input heating values
per permit unit
i
Annual Operating
BTU per Hour Permit Fee
500,000 or greater but less than 1,500,000 — $ 25.00
1,500,000 or greater but less than 5,000,000 35.00
5,000,000 or greater but less than 15,000,000 75.00
15,000,000 or greater but less than 50,000,000 ——— 100.00
50,000,000 or greater — -—— 135.00
Schedule 2
Fuel Burning Equipment using Natural Gas or Liquid Petroleum Gas
Based on designed fuel consumption,
using gross Input heating values
per permit unit
Annual Operating
BTU per Hour Permit Fee
500,000 or greater but less than 1,000,000 • $ 10.00
1,000,000 or greater but less than 5,000,000 — 20.00
5,000,000 or greater — .— 50.00
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Schedule 3
Refuse Burning Equipment
Based on the maximum horizontal inside
cross sectional area of the primary
combustion chamber (in square feet)
Annual Operating
Area in Square Feet Permit Fee
Up to and including 4 $ 10,00
Greater than 4 but less than 9 20.00
9 or greater but less than 27 — — 50.00
27 or greater — 75.00
Schedule 4
Tanks, Reservoirs or other containers as defined in Rule 23, Paragraph D
Based on capacities in gallons or cubic equivalent per unit
Annual Operating
Gallons Permit Fee
250 or greater but less than 15,000 $ 10.00
15,000 or greater but less than 40,000 20.00
40,000 or greater but less than 400,000 — 35.00
400,000 or greater but less than 4,000,000- -—..-. 50.00
4,000,000 or greater __ 75.00
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Schedule 5
Motors - Engines
Based on total rated horsepower or the equivalent of all motors and
engines including but not limited to gasoline, diesel, natural gas,
liquid petroleum gas and electricity * including a permit unit other
than those used in mobile equipment.
i
Annual Operating
Horsepower Permit Fee;
Up to and including 5 $ 7.00
Greater than 5 but less than 15 - 12.00
15 or greater but less than 30 25.00
30 or greater but less than 45 35.00
45 or greater but less than 65 -—— 50.00
65 or greater but less than 125 .— 75.00
125 or greater but less than 200 —— 100.00
200 or greater 135.00
*0nly electric motors used to drive or power any machine, equipment or
device or other article that may cause or contribute to air pollution
or may be used to prevent or control air contaminants.
Schedule 6
Electric Energy Equipment (except Electric Motors)
i
Based on total Kilovolt Ampere (KVA)
Ratings per permit unit
1 Annual Operating
Kilovolt Amperes (KVA) Permit Fee
Up to and including 45 • $ 7.00
Greater than 45 but less than 145 - —— 12.00
145 or 'greater but less than 450 — —— 25.00
450 or greater but less, than 1,450 35.00
i i
1,450 or greater but less than 2,500 50.00
2,500 or greater but less than 4,500 — ——-—.-• 75.00
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Schedule 6 (Cont'd.)
Annual Operating
Kilovolt Amperes (KVA) PermJt Fee
4,500 or greater but less than 14,500 $ 100.00
14,500. or greater-— <• 135.00
Schedule 7
Miscellaneous
Any machine, device, equipment or other article or process or activity
which is not included in the preceding schedules and which requires a
permit under these Rules and Regulations shall be assessed an annual
Operating Permit Fee of $20.00 for each permit unit.
(3.0) Rule 26. PORTABLE EQUIPMENT
A. In the case of a permit issued to operate portable equipment in-
cluding, but not limited to sandblasting equipment, rock crushers,
screens and conveyors at more than one location in the Cour»ty re-
quiring erection or assembly at the site, the permittee shall not-
ify the Control Officer in writing prior to each change of loca-
tion of the equipment. The permit shall become invalid for fail-
ure to notify the Control Officer.
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REGULATION III CONTROL OF AIR CONTAMINANTS
(50.1.2) Rule 30. ( VISIBLE EMISSIONS
No person shall discharge into the atmosphere from any source whatsoever,
except incinerators, any air contaminant for a period or periods aggre-
gating more than three (3) minutes in any one (1) hour which is:
A. As dark as or darker in shade than that designated as No. 2 on
the Ringelmann Chart as published by the U.S. Bureau of Mines.
B. Of such an opacity as to obscure an observer's view to a degree
equal to or greater than do air contaminants described in para-
graph A of the Rule.
(50.1) Rule 31. EMISSIONS OF PARTICULATE MATTER
A. No building or its appurtenances, a utility or open area may be
used, constructed, repaired, altered, or demolished without taking
all reasonable precautions to prevent particulate matter from be-
coming windborne or airborne. Dust and other types of particu-
lates shall be kept to a minimum by such measures as wetting down,
covering, landscaping, paving, treating or by other effective
means.
B. No person shall repair, construct, or reconstruct any road or
alley, or having authority to prevent it, permit the use of or
use such road, alley or open area without taking all resonable
precautions to prevent particulate matter from becoming wind-
borne or airborne. Dust and other particulates shall be kept
to a minimum by employing temporary paving, dust palliatives,
wetting down, detouring or by other effective means,
C. No person shall handle, transport or store any material without
using all reasonable means to prevent particulate matter from be-
coming airborne.
D. No person shall conduct sandblasting or other abrading operations
without minimizing particulate emissions by good modern practices,
including but not limited to wet blasting, the use of effective
enclosures with necessary dust collecting equipment, or other
equally effective means.
(50.6) Rule 32. ODORS AND GASEOUS EMISSIONS
A. No person shall emit gaseous or odorous materials from equipment,
operations or premises under his control in such quantities or
concentrations as to cause air pollution.
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B. No person shall operate or use any machine, equipment or other
contrivance for the treatment or processing of animal or veg-
etable matter, separately or in combination, unless all gases,
vapors, and gas-entrained effluents from such operation, equip-
ment or contrivance have been; .
1. Incinerated to destruction at a temperature of not less than
1,300 degrees Fahrenheit, or processed in a manner determined
to be equally or more effective for the control of air pol-
lution.
2. All persons owning or responsible for any process involving
the reduction of animal and/or vegetable matter shall in-
stall, use, and maintain such devices as are necessary to
prevent or control emissions of air contaminants.
C. Materials including, but not limited to, solvents or other vola-
tile compounds, paints, acids, alkalies, pesticides, fertilizer
and manure shall be processed, stored, used and transported in
such a manner and by such means that they will not unreasonably
evaporate, leak, escape or be otherwise discharged into the am-
bient air so as to cause or contribute to air pollution; and
where means are available to reduce effectively the contribution
to air pollution from evaporation, leakage or discharge, the in-
stallation and use of such control methods, devices or equipment
shall be mandatory.
D. Where a stack, vent, or other outlet is at such a level that
fumes, gas, mist, odor, smoke, vapor or any combination thereof,
constituting air pollution are discharged to adjoining property,
the Air Pollution Control Officer may require the installation of
abatement equipment or the alteration of such stack, vent, or
other outlet by the owner or operator thereof to a degree that •
will adequately dilute, reduce or eliminate the discharge of air
pollution to adjoining property.
E. No person shall emit hydrogen sulfide from any location in such
manner and amount that the concentration of such emissions into
the ambient air at any occupied place beyond the premises on which
the source is located exceeds 0.03 parts per million by volume for'
any averaging period of 30 minutes or more.
F. No person shall emit into the ambient air any sulfur oxide or sul->
furic acid in such manner and amounts as to result in ground level
concentrations at any place beyond the premises on which the
source is located exceeding those limits shown in ths following
table:
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F. (Continued)
Concentration Averaging
of Sulfur Dioxide .. Time.....
850 ug/m3 1 hour
250 ug/m3 24 hours
120 ug/m3 72 hours
Concentration
of Sulfuric Acid and
Sulfur Trioxide expressed Averaging
. as Sulfur Acid Time
15 ug S04/m3 24 hours
G. No person shall operate an asphalt kettle unless he controls air
contaminant emissions by good modern practices including but not
limited to: (1) maintenance of temperature below both the asphalt
flash point and the maximum temperature recommended by the asphalt
manufacturer through the use of automatic temperature controls,
(2) operation of the kettle with the lid closed except when charg-
ing, (3) pumping the asphalt from the kettle, (4) drawing the
asphalt through cocks without dipping, (5) firing of the kettle
with a clean burning fuel and (6) maintaining the kettle in clean,
properly adjusted and good operating condition,
(51.16) Rule 33. STORAGE AND HANDLING OF PETROLEUM PRODUCTS
A. No person shall place, store or hold in any reservoir, tank or
other container having a capacity of sixty-five thousand (65,000)
or more gallons any gasoline, or petroleum or petroleum distil-
late having a vapor pressure of 2.0 pounds per square inch, ab-
solute, or greater under actual storage conditions, unless such
tank, reservoir or other container is a pressure tank maintaining
working pressure sufficient at all times to prevent hydrocarbon
vap(or or gas loss to the atmosphere or is equipped with one of
the following vapor-loss control devices, properly installed, in
operation and in good working order:
1. ' A floating roof consisting of a pontoon type or double deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, to close the space between the
roof eave and tank well, designed in accordance with accepted
standards of the petroleum industry. The control equipment
shall not be used if the gasoline, petroleum, or petroleum
I distillate has a vapor pressure of twelve (12) pounds per
square inch absolute or greater under actual conditions. All
tank gauging and sampling devices shall be gas tight except
when gauging or sampling is taking .place;
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I
2, Other equipment proven to be of equal efficiency for prevent-
ing discharge of hydrocarbon gases and vapors to the atmos-
phere.
B. Any other petroleum storage tank which is constructed or exten-
sively remodeled shall be equipped with a submerged filling de-
vice or other equally effective device to control the emissions
of hydrocarbons.
• C. All facilities for dock loading of petroleum, or petroleum prod-
ucts having a vapor pressure of 2.0 pounds per square inch abso-
lute or greater at loading pressure shall provide for submerged
filling or other equally effective device to control the emis-
sion of hydrocarbons.
D. No person shall install or use a petroleum, or petroleum distil-
late storage tank with a capacity of 250 gallons or more, used
for the purpose of storage of petroleum products with a vapor
pressure of 2.0 psia or more, unless such tank is equipped with a
submerged fill pipe or is a pressure tank as described in para-
graph A of this section of the Regulation or is fitted with a
vapor recovery system as described in sub-paragraph 1 of this sec-
tion of the Rules and Regulations.
E, All existing petroleum, or petroleum distillate storage tanks with
a capacity of 250 gallons or more used for the purpose of storage
of petroleum products with a vapor pressure of 2.0 psia or more,
shall be equipped with a submerged filling device or other equally
effective device. No person shall load or permit the loading of
such petroleum, or petroleum distillate, into any storage tank
with a capacity of 250 or more gallons that is not equipped with
a permanent submerged fill pipe or other equally effective device.
F. When loading petroleum or petroleum distillate of more then 2.0
psia into a storage tank as described in paragraph E from tank
truck or trailer, the hose connection to the storage tank fill
pipe shall be a tight, leakproof fill connection.
(50.4) Rule 34. ORGANIC SOLVENTS
A. DEGREASERS
1. No person shall use or conduct any vapor-phase degreasing
operation without minimizing organic solvent vapor diffusion
emissions by good modern practices such as but not limited to
the use of a free board chiller or other effective device
operated and maintained in accordance with solvent and equip-
ment manufacturers' specifications.
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2. Spray decreasing shall be conducted in an enclosure equipped
with controls which will minimize the emission of organic sol-
vents.
B. DRY CLEANING
1. Chlorinated Synthetic Solvents
a. Effective one year from the date of adoption of these Rules
and Regulations, no person shall conduct any dry cleaning
operation using chlorinated synthetic solvents without min-
imizing organic solvent emissions by good modern practices
including but not limited to the use of an adequately
sized and properly maintained activated carbon absorber or
other equally effective control device.
b. All new dry cleaning establishments using chlorinated syn-
thetic solvents, constructed, installed or used after the
effective date of these Rules and Regulations shall mini-
mize organic solvent emissions by good modern practices
including but not limited to the use of an adequately
sized and properly maintained activated carbon absorber
or other equally effective control device.
2. Petroleum Solvents
a. Effective three (3) years from the date of adoption of
this Rule, no person shall operate any dry cleaning es-
tablishment using petroleum solvents without the use of a
direct-fired afterburner adequately sized, operated and
maintained so as to reduce solvent emissions by at least
90 percent, or other equally effective control system.
b. AIT new dry cleaning establishments, using petroleum sol-
vents, constructed, installed or used after the effective
date of this Rule shall be equipped with a direct-fired
afterburner adequately sized, operated and maintained so
as to reduce solvent emissions by at least 90 percent, or
other equally effective control system.
C. SPRAY PAINT AND OTHER SURFACE COATING OPERATIONS
i
1. No person shall conduct any spray paint operation without mini-
mizing organic solvent emissions by good modern practices.
Such operations other than arthitectural coating shall be
conducted in an enclosed area equipped with controls contain-
ing no less than 96 percent of the overspray, ;
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2. Effective one year from the date of adoption of these Rules
and Regulations, no person shall employ, apply, evaporate or
dry any architectural coating for industrial or commercial
purposes, material containing photochemically reactive sol-
vent or shall thin or dilute any architectural coating with
• a photochemically reactive solvent as defined in paragraph H
of this Rule.
3. For the purposes of this Rule, architectural coating is de-
fined as a coating used commercially or industrially for res-
idential, commercial, or industrial buildings and their ap-
purtenances, structural steel and other fabrications such as
but not limited to, storage tanks, bridges, beams and girders,
D. Effective one year from the date of adoption of these Rules and
Regulations, except as provided in paragraph B, Subsection 2» no
person shall discharge more than 15 pounds of organic materials
into the atmosphere in any one day from any machine, equipment,
incinerator, device, or other article in which any organic solvent
or any material containing organic solvent comes into contact with
flame or is baked, heat-cured, or heat-polymerized, in the pres-
ence of oxygen.
E. Effective one year from the date of adoption of these Rules and
Regulations, no person shall discharge more than 40 pounds of
organic material into the atmosphere in any one day from any ma-
chine, equipment, incinerator, device or other article used under
conditions other than described in paragraph D of this Rule for
employing, applying, evaporating or drying any photochemically
reactive solvent as defined in paragraph H of this Rule.
F. Emissions of organic materials into the atmosphere required to be
controlled by paragraphs D and E of this Rule shall be reduced by:
1. Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated is oxidized to car-
bon dioxide, or
2. Adsorption or,
\
3. Processing in a manner not less effective than 1 and 2 above,
G. The proyisions of this Rule shall not apply to:
1. The manufacturer of organic solvents, or the transport or
storage of organic solvents or materials containing organic
solvents.
2. The use of equipment for which other requirements ara speci-
fied by Rule 33.
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3. The spraying or other employment of insecticides, pesticides
or herbicides.
For the purposes of this Rule, a photochemically reactive solvent
is a solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below
or which exceeds any of the following individual percentage com-
position limitations, referred to the total volume of solvent:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type
of unsaturation: 5 percent;
i
2. A combination of aromatic compounds with eight or more car-
bon atoms to the molecule except ethyl benzene: 8 percent;
3. A combination of ethyl benzene, ketones having branched hydro-
carbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic sol-
vent may be classified from its chemical structure into more than
one of the above groups of organic compounds, it shall be consid-
ered as a member of the most reactive chemical group, that is,
that group having the least allowable percent of the total volume
of solvents.
Effective one year from the date of adoption of these Rules and
Regulations, no person shall, during any one day, dispose of a
total of more than one and one half gallons of any photochemically
reactive solvent as defined in Paragraph H of this Rule or of any
material containing more than one and one half gallons of any such
photochemically reactive solvent by any means which will permit
the evaporation of such solvent into the atmosphere.
(51.9) Rule 35. ' INCINERATORS
A. No person shall burn any combustible material in any incinerator
within Maricppa County except in a multiple-chamber incinerator,
equipped with auxiliary fuel, or in equipment equally effective.
No burning shall be conducted between sunset and the following
sunrise.
B. For the purposes of these Rules and Regulations a "multiple-
chamber incinerator" is any article, machine, equipment, contri-
vance, structure or part of a structure, used to dispose of com-
bustible refuse by burning, consisting of three or more refactory
lined combustion chambers in series, physically separated by re-
fractory walls, interconnected by gas passage parts or ducts de-
signed for maximum combustion of the material to be burned.
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C. No incinerator shall be constructed, remodeled, installed or used
until the following information, and such additional information
and data as the Control Officer may require, have been filed with
and approved by the Control Officer, and then only in compliance
with the requirements of these Rules and Regulations.
1, Plans and specifications showing capacity, amount and type of
waste to be incinerated, proposed fuel, fire chamber details,
stack detail and location with reference to adjacent premises,
auxiliary fuel controls;
2. Loading and unloading procedures and equipment;
3. Methods and equipment for preventing the discharge of contam-
inants into the ambient air;
4. Receptacles for storage and means for disposal of residue.
D. No person shall burn combustible wastes in any incinerator until
it has passed a performance test based on the emission standards
of Regulation F and G of this Rule, nor at any time in excess of
these standards.
E. Approval of the use of an incinerator by the Control Officer is
not intended to exempt the incinerator, its location or operation
from the requirements of any public agency exercising proper juris-
diction.
F. No person shall emit into the outdoor atmosphere from any inciner-
ator particulate matter to exceed 0.1 grains per cubic foot of
flue.gas at standard conditions ajdusted to 12 percent carbon di-
oxide in the exhaust gases and calculated as if not auxiliary fuel
had been used.
G. Notwithstanding the provisions of Regulation III, Rule 30, no per-
son shall emit into the atmosphere from any incinerator for an ag-
gregate of more than thirty (30) seconds in any sixty (60) minutes,
smoke the appearance, density, opacity or shade of which is as dark
as No. 1 on the Ringelmann Scale.
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REGULATION IV PRODUCTION OF RECORDS; MONITORING; TESTING AND SAMPLING
FACILITIES
(13.0) Rule 40. PRODUCTION OF RECORDS
A. When the Control Officer has reasonable cause to believe that any
person is violating any provision of these Rules and Regulations
or any requirements of an Operating or Conditional Permit Issued
pursuant to these Rules and Regulations, he may request in writing-
that such person forthwith produce all existing books, records and
other documents evidencing tests, inspections or studies which may
reasonably relate to compliance or non-compliance with these Rules .
and Regulations, and the addressee shall comply without unreason-
able delay. (Arizona Revised Statute 36-780)
(9.0) Rule 41. MONITORING
A. The owner, lessee or operator of a potential air contaminant
source .shall provide, install, maintain and operate such air con-
taminant monitoring devices as are reasonable and required to de-
termine compliance in a manner acceptable to the Control Officer,
and shall supply monitoring information as directed in writing by
the Control Officer. Such devices shall be available for in-
spection by the Control Officer during all reasonable times.
(Arizona Revised Statute 36-780)
(9.0) Rule 42. TESTING AND SAMPLING
A. It shall be the responsibility of the owner or operator of an air
contaminant emissions source to, and he shall, provide at his ex-
pense necessary and conveniently located utilities, reasonable
and necessary for uniformity of gas flow, and safe access thereto
to permit technically valid samples and measurements of the emis-
sions to be taken at reasonable times and under reasonable condi-
tions.
B. In the event the existing facilities for sampling or testing and
the access thereto are inadequate to permit the tanking of tech-
nically valid samples and measurements, the Control Officer shall
notify the source owner or operator, in writing, of the required
size, number, and location of sampling holes; required size and
location of the sampling platform; required access to the sampl-
jng platform; and the required utilities for operating the sampl-
ing and testing equipment and the required schedule for providing
these facilities. The source owner or operator shall furnish such
facilities as required in accordance with the schedule outlined
by the Control Officer.
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(16.0) Rule 43 RIGHT OF INSPECTION
The Air Pollution Control Officer during reasonable hours, for the purpose
of enforcing and administering these Regulations, or any provision of the
Arizona Revised Statutes relating to the emission or control of air con-
taminants, or of any order, regulation or rule prescribed pursuant thereto,
may enter every building, premises, or other place, except a building de-
signed for and used exclusively as a private residence. Every person is
guilty of a misdemeanor pursuant to Arizona Revised Statute 36-789,01 who
in any way denies, obstructs, or hampers such entrance or inspection by
the Control Officer or his authorized representative.
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REGULATION V UNLAWFUL OPEN BURNING
(51.13) Rule 50. OPEN OUTDOOR FIRES
It shall be unlawful for any person to ignite or maintain any open outdoor
fire within the limits of Maricopa County, except as provided in this sec-
tion.
(2.0) Rule 51. EXCEPTIONS
A. Fires used only for the domestic cooking of food, for providing
warmth for human beings, for recreational purposes and for the
branding of animals, or the use of orchard heaters for the pur-
pose, of frost protection in farming or nursery operations.
B. Any exception permitting open burning granted to Arizona State
Law shall stipulate the conditions and time most advantageous for
minimizing air pollution and protecting the health, safety and
comfort of persons from the effects of the burning. The Control
Officer may designate a public official as his representative to
issue such a permit on forms provided by the Control Officer.
Fires permitted subject to these stipulations are:
1. Fires declared as necessary in writing to the Control Officer
by:
a. The County Agricultural Agent or State Entomologist when
such burning has been determined and certified by actual
investigation as essential for the purpose of disease and/
or pest prevention.
D. Any public official in the performance of official duty
for the control of weeds, the prevention of a fire haz-
ard, the disposal of dangerous material where no alter-
native exists, or instruction in the fighting of fires.
c. The Federal Government or any of its departments, agencies, t
or agents, the State or any of its agencies, departments,
or subdivisions, for the purpose of watershed rehabilitation
or control through vegetative manipulation.
2. Fires permitted by the Control Officer for the burning of ag-
ricultural ditch banks, fence rows and canal laterals using
high temperature mechanical burners where no reasonable mech-
anical, chemical or other methods of removal are available; '
and where other reasonable methods are not available for the
destruction of tumbleweeds after they have been piled. For
the purpose of this section, "fence row" means a lateral area
not to exceed two and one half feet on either side of the cen-
ter line of a fence.
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,3. Fires permitted by the Control Officer for the purpose of
bonafide land clearance for construction or agricultural uses
in non-urban areas of low population density where no reason-
able alternative exists. Permits shall be limited to the
burning of trees and brush which are placed in piles of a size
stipulated by the Control Officer and burning shall !be con-
ducted during hours and meteorological conditions determined
by the Control Officer to be most likely to minimize adverse
effects of resulting air contaminants.
4. A fee of $5.00 will be charged for burning permits issued by
the Control Officer.
(2.0) Rule 52. CONDITIONS
A. The issuance by the Control Officer of a permit to burn does not
release the permittee from any of the requirements of a fire de-
partment having jurisdiction, and a permit so issued must be val-
idated by such fire department to be effective. Open burning at
a time or in a manner contrary to the stipulations of the Control
Officer shall constitute a violation of this section.
(15.0) Rule 53. NOTICE TO APPEAR
A. Peace Officers and the Control Officer and his deputies shall
have the authority to issue a notice to appear under the same
conditions and procedures set forth in Section 13-1422 for any
violation of Regulation V. (Arizona Revised Statute 36-789G)
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REGULATION VI VIOLATIONS
(16.0) Rule 60. ORDER OF ABATEMENT: HEARINGS
A. When the Control Officer has reasonable cause to believe that any
person is violating any provision of these Rules and Regulations
or any requirement of.an Operating or Conditional Permit issued
•pursuant to these Rules and Regulations, he may forthwith serve
upon such person by Registered or Certified mail or in person
an Order of Abatement or file a complaint alleging violations,
or both. The Order shall state with particularity the act being
done that constitutes the violation, shall state in its entirety
the certain requirement, provision or rule or regulation being
violated, and that the alleged violate is entitled to a hearing
if such hearing is requested in writing within twenty (20) days
after the date of issuance of the Order, the Order may be condi-
tional, and require a person to refrain from the particular acts
unless certain conditions are met. (Arizona Revised Statute 36-
781)
B. Hearings on Orders of Abatement
1. An Order of Abatement issued by the Control Officer shall be-
come effective immediately upon the expiration of the time
during which a request for a hearing may be made unless the
person or persons named in such order shall have made a timely
request for a hearing before the Hearing Board. If a hearing
is requested, the Hearing Board shall hold the hearing within
thirty (30) days from receipt of the request unless such time
is extended by the Hearing Board. Written notice of the time
and place of the hearing shall be sent by the Hearing Board
to the person or persons requesting the hearing and to the
Control Officer at least fifteen (15) days before the hearing.
.(Arizona Revised Statute 36-782)
2. If the Board, after the hearing, determines that the act or
acts set forth in the Order constitute a violation of any pro-
vision of these Rules and Regulations or any requirement of
an Operating or Conditional Permit issued pursuant to these
Rules and Regulations and that no Conditional Permit is just-
ified, the Board shall affirm or modify the Order for Abate-
ment. The Order may be conditional and require a person to
refrain from the particular act; or acts unless certain con-
ditions are met. (Arizona Revised Statute 36-782)
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(3.0) Rule 61. CONDITIONAL PERMIT: PETITION FOR CONDITIONAL PERMIT
A. the Hearing Board may grant to any person one Conditional Permit
for each air pollution source which allows such person to vary
from certain requirements of these Rules and Regulations if the
Hearing Board finds that additional time is needed for compliance
and, upon the basis of evidence presented to it, that the Con-
ditional Permit, if granted, will not unduly endanger human
health or safety either directly or indirectly.
B. Petition for Conditional Permit
1. A person who seeks a Conditional Permit shall file a petition
together with a fee of $35.00 with the Hearing Board. Within
thirty (30) days after the filing of a petition for Condi-
tional Permit, the Hearing Board shall set a hearing date.
The Hearing date shall be within sixty (60) days after the
filing of the petition.
2. Notice of the filing of a petition for a Conditional Permit
and of the hearing date on said petition shall be published in
the manner provided in Regulation VI, Rule 65.
3. The hearing on the petition for the Conditional Permit shall
be public. (Arizona Revised Statute 36-784.01)
(16.0) Rule 62. APPEALS TO THE HEARING BOARD
A. Within ten (10) days after notice is given by the Control Officer
of denial or revocation of a permit, the applicant may petition
the Hearing Board, in writing, for a public hearing, which shall
be held within thirty (30) days after receipt of the petition.
The Hearing Board after notice and a public hearing, may sustain,
modify or reverse the action of the Control Officer. (Arizona
Revised Statute 36-779.03)
(3.0) Rule 63. DECISIONS ON PETITIONS FOR CONDITIONAL PERMIT: TERMS AND'
CONDITIONS OF CONDITIONAL PERMIT
A. Within thirty (30) days after the conclusion of the hearing on
the petition for a Conditional Permit, the Hearing Board shall
deny the petition or grant the petition on such terms and con-
ditions as it deems appropriate.
B. The terms and conditions which may be imposed as a condition to
the granting of the continued existence of a Conditional Permit
s,hall include but not be limited to:
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1. A detailed plan, not to exceed one year in duration, for
completion of corrective steps needed to conform to the re-
quirements of these Rules and Regulations.
2. Such written reports as may be required.
3. The right to make periodic inspection of the facilities for
which the Conditional Permit is granted,
C. The fee for a Conditional Permit shall be the same as an Operat-
ing Permit and shall be good for one year, pursuant to Arizona
•Revised Statute 36-784.02.
D. A Conditional Permit, and any extension thereof, shall be valid
for such period as the Hearing Board prescribes but irt no event
for more than one (1) year from the date of initial issuance. ,
(Arizona Revised Statute 36-784.03)
E. Suspensions and revocation of Conditional Permit - If the terms
and conditions of the Conditional Permit are being violated, the
Control Officer may seek to revoke or suspend the Conditional Per-
mit granted. In such event, the Control Officer shall serve no-
tice of such violations on the holder of the Conditional Permit in
the manner provided in Regulation VI, Rule 60 of this section.
The notice shall specify the nature of such violation and the date
on which a hearing will be held by the Hearing Board to determine
if such a violation has occurred and whether the Conditional Per-
mit should be suspended or revoked. The date of said hearing
shall be within thirty (30) days from the date said notice is
served upon the holder of the Conditional Permit.
(16.0) Rule 64. DECISIONS OF HEARING BOARD; SUBPOENAS-, EFFECTIVE DATE
A. All decisions of the Hearing Board, including the majority opinion
and all concurring and dissenting opinions, shall be in writing
and tshall be of public record.
B. A majority of the total membership of the Hearing Board shall
concur in a decision for it to have effect.
C. The Chairman, or in his absence, the Vice Chairman may issue sub-
poenas to compel attendance of any person at hearing and require
the production of books, records, and other documents' material
to a hearing. Obedience to subpoenas may be enforced pursuant
to Section 12-2213, Arizona Revised Statutes.
D. Decisions of the Hearing Board shall become effective not less
than thirty (30) days after they are issued unless:
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1. re-hearing is granted which shall have the effect of staying
the decision.
2. It is determined that an emergency exists which justifies an
earlier effective date.
E. The Hearing Board may revoke or modify an Order of Abatement, a
permit or a Conditional Permit only after first holding a hearing
within thirty (30) days from the giving of notice of such hearing.
(Arizona Revised State Statute 36-785)
(16.0) Rule 65. . NOTICE OF HEARING; PUBLICATION; SERVICE
A. Any notice of Hearing required by these Rules and Regulations shall
be given by publication of a Notice of Hearing for at least two (2)
times in a newspaper of general circulation published in an adjoin-
ing county, and by posting copies of the petition and notice in at
least three (3) conspicuous places in the county.
B. If the hearing involves any violation of these Rules and Regula-
tions or a Conditional Permit issued pursuant thereto, then in
addition to the requirements of Paragraph A of this Rule, the per-
son allegedly committing or having committed the violation or re-
questing the Conditional Permit, shall be served personally or by
Registered mail or Certified mail at least fifteen (15) days prior
to the hearing with a written Notice of Hearing.
(15.0) Rule 66. INJUNCTIVE RELIEF
Upon the failure or refusal of a person to comply with an Order for Abate-
ment by the Hearing Board or the Control Officer in cases where an Order
for Abatement has become effective, an action may be filed in the Superior
Court to restrain and enjoin the person from engaging in further acts vio-
lating the Order of Abatement. The Court shall proceed as in other actions
for injunctions.
(15.0) Rule 67. MISDEMEANOR; PENALTY
A. Any person who violates any provision of these Rules and Regula-
tions or any effective Order of Abatement issued pursuant to these
Rules and Regulations is guilty of a misdemeanor punishable by im-
position of a fine of not less than fifty ($50.00) dollars. 'Each
day of violation shall constitute a separate offense.
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REGULATION VII EMERGENCY PROCEDURES
(8.0) Rule 70. ' EMERGENCY MEASURES
A, If the Control Officer determines that air pollution 1n any area
constitutes or may constitute an emergency risk to the health of
those in the area such determination and recommendation shall be
immediately communicated to the Governor and the State Commissioner
of Health requesting that appropriate action be initiated.
B. The Control Officer and his agents are hereby authorized to carry
put orders issued by the Governor or the State Health Commissioner
pursuant to air pollution emergency section Arizona Revised Stat-
ute 36-1719.
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REGULATIQ.N VJII VALIDITY AND OPERATION
(2.0) Rule 80. VALIDITY
A. If any section, subsection, clause or phrase or provision of
these Rules and Regulations is held to be invalid for any reason,
such decision shall not affect the validity of the remaining por-
tion.
(2.0) Rule 81. ( OPERATION
A. Nothing in these Rules and Regulations shall in any manner be
construed as authorizing or permitting the creation or maintenance
of a nuisance.
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FEDERALLY PROMULGATED
REGULATIONS
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(50.2) 52.125 Control Strategy: Sulfur Oxides
(c) Replacement Regulation for Regulation 7-1-4(c) (Fossil Fuel-Fired
Steam Generators in the Four Corners Interstate Region.)
(1) This paragraph is applicable to the fossil fuel-fires steam
generating equipment designated as Units 1, 2, and 3 at the
Navajo Power Plant in the Arizona portion of the Four Corners
Interstate Region (81.121 of this chapter),
(2) No owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable shall dis-
charge or cause the discharge of sulfur Oxides into the atmos-
phere in excess of the amount prescribed by the following
equations:
E = 12,245 S or e = 1,540 S
Where:
E = Allowable sulfur oxides emissions (Ib/hr) from all af-
fected units.
e = Allowable sulfur oxides emissions (gm/sec) from all af-
fected units.
S = Sulfur content, in percent by weight, prior to any pre-
treatmant of the fuel being burned.
(3) For the purposes of this paragraph:
(i) E shall not exceed 21,270 Ib/hr (2,680 gni/sec).
(ii) If the sum of sulfur oxides emissions from Units 1, 2
and 3 would be less than 3,780 Ib/hr (475 gm/sec) with-
out the use of emission control equipment, the require-
ments of subparagraphs (2), (4) (i) and (5) of this par-
agraph shall not apply for the period of time that the
emissions remain below this level.
(iii) The applicability of subdivision (ii) of this subpara-
graph may be determined through a sulfur balance utili-
zing the analyzed sulfur content of the fuel being
burned and the total rate of fuel consumption in all
affected units.
(4)(i) No owner or operator of the fossil fuel-fired steam generating
equipment subject to this paragraph shall discharge or cause
^he discharge of sulfur oxides into the atmosphere from any af-
fected unit in excess of the amount prescribed by the following
equations, except as provided in subparagraph (3) (ii) of this
paragraph.
EI = 0.333 E or e1 = 0.333 e
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Where:
E = Allowable sulfur oxides emissions (Ib/hr) from all af-
fecte'd units as determined pursuant to subparagraph (2) of
this paragraph.
e = Allowable sulfur oxides emissions (gm/sec) from all af-
fected units as determined pursuant to subparagraphs (2) of
this paragraph.
E-| = Allowable sulfur oxides emissions (Ib/hr) from each af-
fected unit.
ev = Allowable sulfur oxides emissions (gm/sec) from each af-
fected unit.
(ii) The owner or operator of the fossil fuel-fired steam generat-
ing equipment to which this paragraph is applicable may sub-
mit a request to redesignate the allowable emissions specif-
ied in subdivision (i) of this subparagraph. Such a request
shall be submitted no later than December 2, 1974, and shall
demonstrate that sulfur oxides emissions on a total plant
basis will not exceed those specified in subparagraphs (2) and
(3) (i) of this paragraph. Upon receipt and evaluation of
such request, the Administrator shall consider such and if
appropriate, redisignate the allowable emissions specified
in subdivision (i) of this subparagraph.
(5) All sulfur oxides control equipment at the fossil fuel-fired
steam generating equipment to which this paragraph is ap-
plicable shall be operated at the maximum practicable ef-
ficiency at all times, without regard to the allowable sul-
fur oxides emissions determined according to subparagraph (2)
or (3) of this paragraph, except as provided in subparagraph
(3) (ii) of this paragraph.
(6) Compliance with this paragraph shall be in accordance with the
provisions of 52.134 (a).
(7) The test methods and procedures used to determine compliance
with this paragraph shall be those prescribed in 60.46 (c)(2)
and (c) (4) of this chapter. The test methods for determining
the sulfur content of fuel shall be those specified in 60,45
(c) and (d) of this chapter.
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(50.1) 52.126 Control Strategy and Regulations: Particulate Matter
(b) Replacement Regulation for Regulation 7-1-3.6 of the Arizona Rules
and Regulations for Air Pollution Control.
(1) No owner or operator of any stationary process source 1n the
Phoenix-Tucson Intrastate Region (81.36 of this chapter) shall
discharge or cause the discharge of particulate matter into
the atmospnere in excess of the hourly rate shown in the fol-
lowing table for the process weight rate identified for such
source:
Process
weight rate
(pounds
per hour)
50
TOO
500
1 ,000 ....
5,000 . . . .
10,000 ....
20,000 ....
Emission
rate
(pounds
per hour)
. . . 0.36
... 0 55
. . . 1.53
. . . 2.25
. . . 6.34
. . . 9.73
. . . 14.99
Process
weight rate
(pounds
per hour)
60,000
80,000
120,000
160,000
200,000
400,000
1,000,000
Emission
rate
(pounds
per hour)
29.60
31.19
33.28
34.85
36.11
40.35
46.72
(i) Interpolation of the data in the table for process weight
rates up to 60,000 Ibs./hr shall be accomplished by use
of the equation:
E = 3.59 P0-62 P 30 tons/h
and interpolation and extrapolation of the data for
process weight rates in excess of 60,000 Ibs/hr shall
be accomplished by use of the equation:
E = 17.31 P0-16 P 30 tons/h .
Where: E = Emissions in pounds per hour
P = Process weight in tons per hour
(ii) Process weight is the total weight of all materials and
solid fuels introduced into any specific process. Liquid
and gaseous fuels and combustion air will not be con-
sidered as part of the process weight. For a cyclical
or batch operation, the process weight per hour will
be derived by dividing the total process weight by the '
number of hours in one complete operation from the be-
ginning of the given process to the completion thereof,
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excluding any time during which the equipment is idle.
For a continuous operation, the process weight per
hour will be derived by dividing the process weight
for a given period of time by the number of hours in
that period.
. (.iii) For purposes of this regulation, the total process
weight from all similar units employing a similar type
process shall be used in determining the maximum allow-
able emission of particulate matter.
(2) Paragraph (b) (1) of this section shall not apply to inciner-
ators, fuel burning installations, or Portland Cement Plants
having a process weight rate in excess of 250,000 Ib/h,
(3) No owner or operator of a Portland Cement Plant in the Phoe-
nix-Tucson Intrastate Region (81.36 of this chapter) with a
process weight rate in excess of 250,000 Ib/h shall discharge
or cause the discharge of particulate matter into the atmos-
phere in excess of the amount specified in 60.62 of this chap-
ter.
(4) Compliance with this paragraph shall be in accordance with
the provisions of 52.134 (a).
(5) The test methods and procedures used to determine compliance
w.ith this paragraph are set forth below. The methods refer-
enced are contained in the appendix to part 60 of this chap-
ter. Equivalent methods and procedures may be used if ap-
proved by the Administrator.
(i) For each sampling repitition, the average concentration
of particulate matter shall be determined by using
i ' method 5. Traversing during sampling by method 5 shall
be according to method 1. The minimum sampling time
shall be 2 hours-and the minimum sampling volume shall
be, 60 ft3 (1.70m) corrected to standard conditions on
a dry basis.
(ii) The volumetric flow rate of the total effluent shall be
determined by using method 2 and traversing according to
method 1. Gas analysis shall be performed using the in-
tegrated sample technique of method 3, and moisture con-
tent shall be determined by the condenser technique of
method 4.
(iii) All tests shall be conducted while the source is operat-
ing at the maximum production or combustion rate at
which such source will be operated. During the tests,
the source shall burn fuels or combinations of fuels, use
raw materials, and maintain process conditions represent-
ative of normal operation, and shall operate under such
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(iii) Continued
other relevant conditions as the Administrator shall
specify.
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(10.0) 52.129 Review of New Sources and Modifications
(c) Regulation for Review of New Sources and Modifications
(1) The requirements of this paragraph are applicable to any sta-
tionary source in Pima County in the Phoenix-Tucson Intra-
state Region (81.36 of this chapter), the construction or mod-
ification of which is commenced after the effective date of
this regulation.
(•2) No owner or operator shall commence construction or modifi-
cation of any new source after the effective date of this
regulation without first obtaining approval from the Admin-
istrator of the location of such source.
(i) Application for approval to construct or modify shall be
made on forms furnished by the Administrator, or by other
means prescribed by the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site informa-
tion, stack data, and the nature and amount of emis-
sions. Such information shall be sufficient to enable
the Administrator to make any determination pursuant to
paragraph (c)(3) of this section.
(v) Any additional information, plans, specifications, evi-
dence or documentation that the Administrator may require
shall be furnished upon request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that
the source will not prevent or interfere with attainment or
maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application
to construct, or any addition to such application, the
Administrator shall advise the owner or operator of any
deficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (c)(4)(ii) of this section, shall be the date on .
which all required information is received by the Admin-
istrator.
' (ii) Within thirty (30) days after receipt of a complete'ap-
plication, the Administrator shall:
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(a) Make a preliminary determination whether the
source should be approved, approved with condi-
tions, or disapproved.
(b) Make available in at least one location in each
region in which the proposed source would be con-
structed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of
other materials, if any, considered by the Admin-
istrator in making his preliminary determination;
and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the
information submitted by the owner or operator and
the Administrator's preliminary determination on the
approvability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to state and
local air pollution control agencies, having cognizance
over the location where the source will be situated.
(iv) Public comments submitted in writing within thirty (30)
days after the date such information is made available
shall be considered by the Administrator in making his
final decision on the application. No later than ten
(10) days after the close of the public comment period,
the applicant may submit a written response to any com-
ment submitted by the public. The Administrator shall
consider the applicant's response in making his final
decision. All comments shall be made available for
, public inspection in at least one location in the region
in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within thirty (30) days after the close of the pub-
lic comment period. The Administrator shall notify the
applicant in writing of his approval, conditional ap-
proval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such
notification shall be made available for public inspec-
tion in at least one location in the region in which the
source would be located.
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(vi)• The Administrator may extend each of the time periods
specified in paragraph (c)(4) (ii), (iv) or (v) of this
section by no more than 30 days, or such other period as
agreed to by the applicant and the Administrator.
(5) The Administrator may cancel an approval if the construction
is not begun within 2 years from the date of issuance, or if
during the construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner
pr operator of the responsibility to comply with any local,
State or Federal regulation which is part of the applicable
plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant de-
tector, air pollutants recorder, combustion controller,
or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to
' remove air pollutants generated by or released from equip-
ment.
(iii) 'Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5
billion g-cal/h) and burns only gaseous fuel containing
not more than 20.0 grain H2S. per 100 stdft3 (45.8 g/100
stdirr); has a heat input of not more than 1 MBtu/h
(250 Mg-cal/h) and burns only distillate oil; or has
'a heat'input of not more than 350,000 Btu/h (88.2
Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or
physical analysis.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates
a stationary source not in accordance with the application, as
approved and conditioned by the Administrator, or any owner or
operator of a stationary source subject to this paragraph who
commences construction or modification without applying for
and receiving approval hereunder, shall be subject to enforce-
ment action under section 113 of the Act.
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(d) Regulation for Review of New Sources and Modifications:
Federal Regulations.
(1) This requirement is applicable to any stationary source sub-
ject to the requirements of 52.126 (b), the construction or
modification of which is commenced after the effective date
of this regulation.
(2) No owner or operator shall commence construction or modi-
fication of any stationary source after the effective date of
this regulation, without first obtaining approval from the Ad-
ministrator of the location and design of such source.
(i) Application for approval to construct or modify shall be
made on forms furnished by the Administrator, or by other
means prescribed by the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site informa-
tion, plans, descriptions, specifications, and drawings
showing the design of the source, the nature and amount
of'.emissions, and the manner in which it will be operated
and controlled.
(v) Any additional information, plans, specifications, ev-
idence, or documentation that the Administrator may re-
quire shall be furnished upon request,
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that
the source will operate without causing a violation of 52.126
(b).
(4) (i) Within twenty (20) days after receipt of an application
to construct, or any addition to such application, the ,
Administrator shall advise the owner or operator of any
deficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (d)(4)(ii) of this section, shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within thirty (30) days after receipt of a complete ap-
plication, the Administrator shall:
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
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(b) Make available in at least one location in each
region in which the proposed source would be con-
structed, a copy of all materials, submitted by the
owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of
other materials, if any, considered by the Admin-
istrator in making his preliminary determination;
and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the
information submitted by the owner or operator and
the Administrator's preliminary determination on
the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph
shall be sent to the applicant and to state and local air
pollution control agencies, having cognizance over the
location where the source will be situated,
(iv) Public comments submitted in writing within thirty (30)
days after the date such information is made available
shall be considered by the Administrator in making his
final decision on the application. No later than ten (10)
days after the close of the public comment period, the ap-
plicant may submit a written response to any comment sub-
mitted by the public. The Administrator shall consider
the applicant's response in making his final decision.
All comments shall be made available for public inspection
in at least one location in the region in which the source
would be located.
(v) The Administrator shall take final action'on an applica-
tion within thirty (30) days after the close of the pub-
lic comment period. The Administrator shall notify the
applicant in writing of his approval, conditional ap-
proval or denial. Such notification shall be made avail-
able for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods spec-
ified in paragraph (d)(4)(ii), (iv) or (v) of this section
by no more than 30 days, or such other period as agreed to
by the applicant and the. Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval including conditions requiring the source to be pro-
vided with: .
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(i) Sampling ports of a size, number, and location as the
Administrator may require.
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6). The Administrator may cancel an approval if the construction
is not begun within 2 years from the date of issuance, or if
during the construction, work is suspended for 1 year.
(7) Any owner or operator subject to the_proyisions of this regu-
lation shall furnish the Administrator written notification
as follows:
(i) A notification of the anticipated date of initial start-
up of source not more than 60 days or less than 30 days
prior to such date.
(ii) A notification of the actual date of initial startup
of a source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days
after initial startup of such source, the owner or operator of
such source shall conduct a performance test(s) in accordance
with the methods and under operating conditions approved by
the Administrator and furnish the Administrator a written re-
port of the results of such performance test.
(i) Such test shall be at the expense of the owner or opera-
tor.
(ii) The Administrator may monitor such test and also may con-
duct performance tests.
(iii) The owner or operator of a source shall provide the Ad-
• ministrator 15 days prior notice of the performance test
to afford the Administrator the opportunity to have an
observer present.
(iv)' The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated
by other means to the Administrator's satisfaction that the
source is being operated in compliance with the require-
ments of 52.126 (b).
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(9) Approval to construct or modify shall not.relieve the owner
or opera-cor of the responsibility to comply with all local,
State, Federal regulations which are part of the applicable
plan.
(10) Approval to construct or modify shall not be required for:
(ij The installation or alteration of an air pollutant de-
tector, air pollutants recorder, combustion controller,
or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to
remove air pollutants generated by or released from equip-
ment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5
billion g-cal/h) and burns only gaseous fual containing
not more than 20.0 grain H?S per 100 stdftj (45,8 g/100
stdm3); has a heat input of not more than 1 MBtu/h (250
Mg-cal/h) and burns only distillate oil; or has a heat
input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or phy-
sical analyses.
(vi) Other sources of minor significance specified by the Ad-
ministrator.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as
approved and conditioned by the Administrator, or any owner
or operator of a stationary source subject to this paragraph
who commences construction or modification without applying
for and receiving approval hereunder, shall be subject to en-
forcement action under section 113 of the Act.
I
(f) Regulations for Review of New or Modified Indirect Sources.
The provisions of 52.22(b)'are hereby incorporated by reference and
made a part of the applicable implementation plan for the State of
Arizona.
-------
(10.0) 52.129 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage 'in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source,
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S< Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b), Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
! (c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
i
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) 'Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries Of the site.
(g) Availability of existing and projected mass transit
. to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple- ,
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way^, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this Chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) . For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof. * .
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
&f this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years, after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
, the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed Indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days.after.
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
.period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od, as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
'operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
•and (iii) of this section, the Administrator may impose'
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth:
pursuant to paragraphs (b) (4) (1), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
, ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974-, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local. State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
, visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the apjiropri-
1 ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section* Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agericy
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation.
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al , issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065,.July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(9.0) 52.130 ' Source Surveillance
(13.0)
(c) Regulation forSource Recordkeeping and Reporting,
(1) The owner or operator of any stationary source in the counties
cf Gila, Pinal, and Santa Cruz in the Phoenix-Tucson Intra-
state Region (81.36 of this chapter); or the Arizona portions
of the Four Corners, Clark-Mohave, or Arizona-New Mexico South-
ern Border Interstate Regions (81.121, 81,80, and 81.99 of this
chapter), shall, upon notification from the Administrator,
maintain records of the nature and amounts of emissions from
such source or any other information as may be deemed necessary
by the Administrator to determine whether such source Is in
pompliance with applicable emission limitations or other con-
trol measures.
(2) The information recorded shall be summarized and reported to
the Administrator, and shall be submitted within 45 days after
the end of the reporting period. Reporting periods are Jan-
uary 1 to June 30 and July 1 to December 31, except that the
initial reporting period shall commence on the date the Admin-
istrator issues notification of the recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of
the summarizing reports submitted to the Administrator shall
be retained by the owner or operator for 2 years after the
date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limita-
tions and other control measures. All such emission data will
be available during normal business hours at the regional of-
fice (region IX). The Administrator will designate one or
more places in Arizona where such emission data and correla- ,
tions will be available for public inspection.
(37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14,
1973; 38 FR 16564, June 22, 1973)
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(12.0) 52.132 Transportation Control Compliance Schedule
(6.0) The requirements of 51.14 are not fully met with respect to trans-
portation control measures.
(a) Definitions:
(1) "Inspection and maintenance program" means a program to
reduce emissions from in-use vehicles through identify-
ing vehicles that need emission control related mainten-
ance and requiring that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor ve-
hicle rated at 6,000 Ib. GVW or less.
(3) "Medium-duty vehicle" means a gasoline-powered vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib.
GVW.
. (4) "Air bleed control device" means a system or device (such
as a modification to the engine's carburetor) that re-
sults in engine operation at an increased air-fuel ratio
so as to achieve reduction in exhaust emissions of hydro-
carbon and carbon monoxide from 1967 and earlier light-
duty vehicles of at least 21 and 58 percent respectively.
(5) "Air bleed/exhaust gas recirculation device" means a
system or device (such as modification of the engine's
carburetor or positive crankcase ventilation system)
that results in engine operation at an increased air-fuel
ratio so as to achieve reductions of hydrocarbons and
carbon monoxide of 25 percent and 40 percent, respect-
ively, from light-duty vehicles of model years 1968
through 1971.
(6) "Oxidizing catalyst" means a device installed in the ex-
haust system of the vehicle that utilizes a catalyst and,
if necessary, an air pump to reduce emission of hydro-
carbons and carbon monoxide by 50 percent from that ve-
hicle. . .
(7) All other terms used in this paragraph that are defined
in Appendix N to Part 51 of this chapter, are used herein
with the meaning therein defined.
(b) This section is applicable in Maricbpa and Pima Counties in the
Phoenix-Tucson Intrastate Region.
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(c) To implement the approved control measures specified in
Sections 5 and 7 of the plan submitted September 11, 1973,
and to complete the requirements of 51.11 (b), 51.14 and 51.15
of this chapter, the State of Arizona must submit to the Ad-
ministrator:
(1) No. later than February 1, 1974, detailed compliance
schedules showing the steps the SUtfi of Arizona will
• take to establish the inspection and maintenance pro-
gram for light-duty and medium-duty vehicles: the pro-
gram for retrofit of air bleed devices on pre-1968
light-duty vehicles, of air bleed/exhaust gas recircu-
'lation devices on 1968 through 1971 light-duty vehicles,
and of oxidizing catalytic converters on 1973 through
1975 light-duty vehicles; and the gaseous fuel conver-
sion program.
(2) No later than January 1, 1974, a compliance schedule for
the employee carpool incentive program outlined in section
8 of the State of Arizona Air Pollution Control Strate-
gies. This compliance schedule shall conform to the re-
quirements of 52.137.
(3) No later than January 1, 1974, a compliance schedule for
the carpool matching program shall conform to the require-
ments of 52.138.
(d) Under the approved inspection and maintenance program referred
to in paragraph (c)(l) of this section, the State shall:
(1) Inspect all such motor vehicles at periodic intervals at
least once each year;
(2) Apply inspection failure criteria consistent with the
emission reductions claimed in the plan for the strategy.
(3) Require that filed vehicles receive, the maintenance nec-
essary to achieve compliance with the inspection stan-
dards and retest failed vehicles following maintenance;
(4) Designate an agency or agencies responsible for conduct-
ing the inspection and maintenance program,
(d-1) The State after July 1, 1975, shall not register or allow to
operate on its highways any light-duty or medium-duty vehicle
that does not comply with the applicable requirements of the
approved inspection and maintenance program established ac-
cording to paragraph (d) of this section. This shall not ap-
ply to the initial registration of a new motor vehicle.
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(d-2) ' After July 1, 1976, no owner of a light-duty vehicle shall
operate or allow the operation of any such vehicle that does
not comply with the applicable requirements of the approved
inspection and maintenance program established according to-
paragraph (d) of this section. This shall .not apply to the
initial registration of a new motor vehicle,
(d-3) The State may exempt any class or category of vehicles that
the State finds are rarely used on public streets and high-
ways (such as classic or antique vehicles).
(e) The regulations adopted to implement the approved retrofit
programs referred to in paragraph (c)(l) of this section shall
include as a minimum:
(1) Requirements that on or before May 3, 1977, all gasoline-
powered fleet vehicles, all private light-duty vehicles
of 1973 through 1975 model years subject to registration
in Maricopa and Pima Counties, shall be equipped with an
appropriate oxidizing catalyst control device.
(2) Requirements that on or before August 1, 1976, all gas-
oline-powered, light-duty vehicles of model year 1968 to
1971 subject under presently existing legal requirements
to registration in Maricopa and Pima Counties, shall be
equipped with an air bleed/exhaust gas recirculation con-
trol device.
(3) Requirements that on or before August 1, 1976, all gaso-
line-powered, light-duty vehicles of model years prior to
1968 subject to registration in Maricopa and Pima Counties,
shall be equipped with an appropriate air bleed device.
The State may exempt any class or category of vehicles
that the State finds are rarely used on public streets and
highways (such as classic or antique vehicles) or for
which the State demonstrates to the Administrator that
air bleed retrofit devices are not commercially available.
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(6.0) 52.134 Federal Compliance Schedule
(1) Except as provided in paragraph (a)(2) of this section, the owner or
operator of any stationary source subject to 52.126 (b) shall comply
with such regulation on or before January 31, 1974. The owner or
operator of the source subject to 52.125 (c) shall comply with such
regulation at initial start-up of such source unless a compliance
schedule has been submitted pursuant to paragraph (a)(2) of this sec-
tion.
(!')• Any owner or operator in compliance with 52.126 (b) on the ef-
fective date of this regulation shall certify such compliance
to the Administrator no later than 120 days following the ef-
fective date of this paragraph.
(ii) Any owner or operator who achieves compliance with 52.125 (c)
or 52.126 (b) after the effective date of this regulation shall
. certify such compliance to the Administrator within 5 days of
. the date compliance is achieved.
(2) Any owner or operator of the stationary source subject to 52.125 (c)
and paragraph (a)(l) of this section may, no later than July 23, 1973,
submit to the Administrator for approval a proposed compliance sched-
ule that demonstrates compliance with 52.125 (c) as expeditiously as
practicable but not later than July 31, 1977. Any owner or operator
of a stationary source subject to 52.126 (b) and paragraph (a)(l) of
this section may, no later than 120 days following the effective date
of this paragraph, submit to the Administrator for approval a proposed
compliance schedule that demonstrates compliance with 52.126 (b) as
expeditiously as practicable but not later than July 31, 1975.
(i) The compliance schedule shall provide for periodic increments of
progress toward compliance. The dates for achievement of such
increments shall be specified. Increments of progress shall in-
clude, but not be limited to; submittal of the final control
plan to the Administrator; letting of necessary contracts for
construction or process change, or issuance of orders for the
purchase of component parts to accomplish emission control
equipment or process modification, completion of onsite con-
struction or installation of emission control equipment or pro-
cess modification and final compliance. •
(ii) Any compliance schedule for the stationary source subject to
52.125 (c) which extends beyond July 31, 1975, shall apply any
reasonable interim measures of control designed to reduce the
impact of such source on public health.
(3) Any owner or operator who submits a compliance schedule pursuant to
this paragraph shall, within 5 days after the deadline for each incre-
ment of progress, certify to the Administrator whether or not the re-
quired increment of the approved compliance schedule has been met.
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(12.0) 52.137 Employer Carpool Incentive Program
(a) Definitions:
(1) "Metropolitan Phoenix Area" means the area bounded on the
south by 1-17 and Buckeye Road to the intersection With I-
17, on the east by 48th Street, on the north by the Arizona
Canal and Glendale Avenue, and on the west by 43rd Avenue.
(2) "Greater Tucson Area" means an area bounded by a line start-
1 ing at the intersection of Sweetwater Drive and Silverbell
Road, thence 7 miles east, thence 1 mile south, thence 5.5
miles east, thence 9 miles south, thence 5 miles west, thence
3.5 miles south, thence 5.5 miles west, thence 6 miles north,
thence 2 miles west, thence 7.5 miles north to the point of
origin.
(b) This section is applicable within the Metropolitan Phoenix and
Greater Tucson areas in the Pohenix-Tucson Intrastate Air
Quality Control Region
(c) On or before March 1, 1974, the State of Arizona shall submit
to the Administrator a compliance schedule implementing the
approved employer carpool incentive program. This compliance
schedule shall, at a minimum, provide that each employer in
areas specified in paragraph (b) of this section who maintains
more than 200 employee parking spaces shall, on/or before
April 1, 1974, submit to the State of Arizona an adequate in-
centive program designed to encourage the use of carpools and
mass transit and discourage employees from using single-passen-
ger automobiles to commute to work. Each program should con-
tain provisions for preferential parking, covered parking and
other benefits to employees who travel to work by carpool; sub-
sidies to employees who use mass transit, reductions in the
number of employee parking spaces or surcharges on the use of
such spaces by employees; provision of special charter buses
or ether modes of mass transit for the use of employees; and/
or any other measures acceptable to the Administrator. By
June 1, 1974, the State of Arizona shall submit each programs
so received, together with the State's evaluation of the pro-
gram and the State's recommendation as to whether the program
should be approved or disapproved,.to the Administrator.
(d) On or before August 1, 1974, the Administrator shall approve or
disapprove each program so submitted. Notice of such approval or
disapproval shall be published in this Part 52.
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(e) In order to be approvable by the Administrator, each program shall
contain procedures whereby the employer will supply the State of
Arizona and the Administrator with semi-annual certified reports.
The semi-annual periods are January 1 to June 30 and July 1 to
December 31, and the certified reports required by this section
shall be submitted within 45 days after the end of each reporting
period. The first such report shall be submitted no later than
August 15, 1974.
Such reports shall show, at a minimum, the following information:
(1) The number of employees at each of the employer's facilities
within the areas specified in paragraph (b) of this section
on December 31, 1973, and as of the date of the report.
(2) The number of (i) free and (ii) non-free employee parking
spaces provided by the employer at each such employment facil-
ity on December 31, 1973, and as of the date of the report.
(3) The number of employees regularly commuting to and from work
by (i) private automobile, (ii) carpool, and (iii) mass
transit at each such employment facility on December 31, 1973,
and as of the date of the report.
(4) Such other information as the Administrator may prescribe.
(f) If after the Administrator has approved a carpool incentive pro-
gram, the employer fails to submit any reports in full compliance
with paragraph (e) of this section, or if the Administrator finds
that any such report has been intentionally falsified, or if the
Administrator determines that the program is not in operation or
is not providing adequate incentives for employee use of carpools
and mass transit, the Administrator may revoke the approval of
such plan. Such revocation shall constitute a disapproval.
(g) By September 1, 1974, the Administrator shall prescribe a car-
pool incentive program for each employer to whom paragraph (b)
of this section is applicable if such employer has not sub-
mitted a program. By October 1, 1974, the Administrator shall
prescribe a carpool incentive program for each employer to
, whom paragraph (b) of this section is applicable if the program
submitted is not adequate. Within 2 months after any revoca-
tion pursuant to paragraph (f) of this section, the Administra-
tor shall prescribe a carpool incentive program for the affected
employer-. Any program prescribed by the Administrator shall be
published in this Part 52.
(h) ATI programs approved under paragraph (d) or promulgated under par-
agraph (g) on account of an initial failure to submit a plan shall
be fully"imp1emented on or before November 1, 1974.
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(i) Each employer in the Region who maintains more than 70 employee
parking spaces shall, on or before April 1, 1975, submit to the
Administrator an adequate annual incentive program conforming to
the requirements of paragraphs (b) and (e) of this section, except
that in paragraph (e) of this section the reference date for re-
ports shall be October 15, 1974, rather than January 1, 1974. Each
such program shall be subject to approval or disapproval by the Ad-
ministrator by June 1, 1975. Each such program, when approved,
shall be subject to revocation as provided in paragraph (f) of this
section.
(j) By June 1, 1975, the Administrator shall prescribe a carpool in-
centive program for each employer to which paragraph (i) of this
section is applicable if such employer has not submitted a program.
By August 1, 1975, the Administrator shall prescribe a carpool in-
centive program for each employer to which paragraph (i) of this
section is applicable if the program submitted is not adequate.
Within 2 months after any revocation of any program of any employer
pursuant to paragraph (f) of this section, the Administrator shall
prescribe a carpool incentive program for the affected employer.
Any program prescribed by the Administrator shall be published in
this Part 52. All such programs shall be fully implemented on or
before September 1, 1975.
(38 FR 33374, Dec. 3, 1973, as amended at 39 FR. 32112, Sept. 5,
1974)
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(12.0) 52.138 Bus/Carpool Matching Program
(a) Definitions:
(1) "Metropolitan Phoenix Area" means the area bounded on the
south by 1-17 and Buckeye Road to the intersection with I-
17, on the east by 48th Street, on the north by the Arizona
Canal and Glendale Avenue, and on the west by 43rd Avenue.
(2) "Greater Tucson Area" means an area bounded by a line starting
at the intersection of Sweetwater Drive and Silverbell Road,
thence 7 miles east, thence 1 mile south, thence 5.5 miles
east, thence 9 miles south, thence 5 miles west, thence 3.5
miles south, thence 5.5 miles west, thence 6 miles north,
thence 2 miles west, thence 7.5 miles north to the point of
origin.
(b) This section is applicable within the Metropolitan Phoenix Area
and Greater Tucson Area in Phoenix-Tucson Intrastate Air Quality
Control Region.
(c) On or before March 1, 1974, the State of Arizona shall submit to
the Administrator a compliance schedule for implementing the ap-
proved bus/carpool matching program. This compliance schedule
shall, at a minimum, provide for implementation of the program in
the following phases:
(1) On or before May 1, 1974 bus/carpool matching shall be made
available to the following employees:
(i) Phoenix state capital area. At least 10,000 employees
whose work location is within the area bounded by Van
Buren Street on the north, Jefferson Street on the
south, Central Avenue on the east, and 19th Avenue on
the west.
(ii) Tucson central business district. At least 2,000 em-
ployees whose work location is within an area bounded by
a circle of 2-mile radius centered at the intersection
of Congress Street and Stone Avenue.
(2) On or before November 1, 1974, bus/carpool matching shall be
made available to the following employees:
(i) Metropolitan Phoenix Area. All employees in businesses
having more than 250 employees.
(ii) Greater Tucson Area. All employees in businesses having
more than 100 employees.
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(3) On or before September 1, 1975, bus/carpool matching shall
be made available to the following employees:
(i) Metropolitan Phoenix Area. All employees in businesses
having more than 50 employees.
, (ii) Greater Tucson Area. All employees in businesses
having more than 50 employees.
(d) The compliance schedule shall also include the following:
(1) A method of collecting information that shall include the
following as a minimum:
(i) Provisions that each affected employee receive an ap-
plication form with a cover letter describing the
matching program.
(ii) Provisions on each application form for applicant
identification of time, origin, and destination.
(iii) Provisions for each applicant to receive a list of
names and work phone numbers of all other applicants
who have similar origins and destinations and whose
work hours most nearly, match theirs.
(2) A manual or computer method of matching information that will
have provisions for locating each applicant's origin and des-
tination within a grid system in the urban area and the semi-
rural region surrounding the Metropolitan Phoenix Area and
the Greater Tucson Area and matching applicants with ident-
ical origin and destination grids and compatible work sched-
ules.
(3) A method for providing continuing service such that the mas-
ter list of all applicants is retained and available for use
by new applicants, applications are currently available, and
the master list is periodically updated to remove applicants
who have moved from the area.
(4) An agency or agencies responsible for operating, overseeing,
and maintaining the bus/carpool matching program.
(38 FR 33375, Dec. 3, 1973, as amended at 39 FR 32112, Sept. 5,
1974)
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(12.0) 52.140 Monitoring Transportation Trends
(a) This section is applicable to the State of Arizona,
(b) In order to Assure the effectiveness of the inspection and maintenance
program and the retrofit devices required under the Arizona implementa-
tion plan, the State shall monitor the actual per-vehicle emissions
reductions occurring as a result of such measures, All data obtained
from such monitoring shall be included in the quarterly report submit-
ted to the Administrator by the State in accordance with 51.7 of this
chapter. The first quarterly report shall cover the period January 1
to March 31, 1976.
(c) In order to assure the effective implementation of 52.137, 52.138 and
52.139, the State shall monitor vehicle miles traveled and average ve-
hicle speeds for each area in which such sections are in effect and
during such time periods as may be appropriate to evaluate the effect-
iveness of such a program. All data obtained from such monitoring
shall be included in the quarterly report submitted to the Administra-
tor by the State of Arizona in accordance with 51.7 of this chapter.
The first quarterly report shall cover the period from July 1 to Sep-
tember 30, 1974. The vehicle miles traveled and vehicle speed data
shall be collected on a monthly basis and submitted in a format simi-
lar to Table I.
TABLE I.
Time period .
Affected area
VMT or Average Vehicle
ROADWAY TYPE Speed
VehicleVehicle
type (1) type (2)*
Freeway .
Arterial
Collector
Local . .
*Continue with other vehicle types as appropriate
(d) No later than March 1, 1974, the State shall submit to the Administra-
tor a compliance schedule to implement this section. The program des-
cription shall include the following:
(1) The agency or agencies responsible for conducting, overseeing, and
maintaining the monitoring program.
(2) The administrative procedures to be used.
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(3) A description of the methods to be used to collect the emission
data, VMT data, and vehicle speed data; a description of the geo-
graphical area to which the data apply; identification of the lo-
catipn at which the data will be collected; and the time periods
during which the data will be collected.
(e) The quarterly reports specified in paragraphs (b) and (c) of this sec-
tion shall be submitted to the Administrator through the Regional Of-
fice, and shall be due within 45 days after the end of each reporting
period.
(38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974)
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7.0) 52.144 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence .into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti oil ate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to ^oncentrationr of particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held-1n or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
'Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
. ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
• section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) , Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation .
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) i Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
; al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and.received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) • Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) . Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(2) (i) The effect on, air quality concentration of the source or
modified source, in conjunction with the effects of;growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (iii) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site infprmation, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review arid hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
.Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii.) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321),.re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or .modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
side'ration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
i istrator. •..-....
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
' newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or 'operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
, close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
pub^c. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be,made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator. .
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner oif Op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become Invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal landsi
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leas'ing or other Federal agreements, the Federal land
Manager ma^ at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section. .
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
1975; 40 FR 42012, Sept. 10, 1975)
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