Section R18-2-1705. Modifications; Permits; Permit Revisions

A.      Any person who constructs or modifies a source that is subject to R18-2-1702 must first obtain a permit or significant permit revision that complies with Article 3 of this Chapter, and sub- section (B) or (C).

B.       A permit or significant permit revision that the Department issues to a new or modified source that is subject to this pro- gram under R18-2-1702(A)(1) shall impose HAPRACT under R18-2-1706, unless the applicant demonstrates, with a Risk Management Analysis under R18-2-1708, that the imposition of HAPRACT is not necessary to avoid adverse effects to human health or adverse environmental effects.

C.      A permit or significant permit revision that the Department issues to a new or modified source that is subject to this pro- gram under R18-2-1702(A)(2) shall impose AZMACT under R18-2-1707, unless the applicant demonstrates, with a Risk Management Analysis under R18-2-1708, that the imposition of AZMACT is  not necessary to avoid adverse effects to human health or adverse environmental effects.

D.      If the Director establishes a general permit establishing HAPRACT according to Article 5 of this Chapter, the follow- ing apply:

1.        The owner or operator of a source covered by that general permit may obtain a variance from HAPRACT by com- plying with R18-2-1708 when the source applies for the general permit;

2.        If the owner or operator makes the applicable demonstra- tion required by R18-2-1708 and otherwise qualifies for the general permit, the Director shall approve the applica- tion according to A.R.S. § 49-426 and issue an authoriza- tion-to-operate granting a variance from the specific provisions of the general permit relating to HAPRACT; and

3.        Except as modified by a variance, the general permit gov- erns the source.

E.       When determining whether HAP emissions from a new source or modification exceed the thresholds prescribed by R18-2- 1701(11) or (12), or a de minimis amount described in R18-2- 1701 Table 1, the Director shall exclude particulate matter emissions that consist of natural crustal material and that are produced either by natural forces, such as wind or erosion, or by anthropogenic activities, such as agricultural operations, excavation, blasting, drilling, handling, storage, earth moving, crushing, grinding or traffic over paved or unpaved roads, or other similar activities.

F.       In addition to the requirements of Title 18, Chapter 2, Appen- dix 1 “Standard Permit Application Form and Filing Instruc- tions,” an application for a permit or permit revision required under this Section shall include one of the following:

1.        The applicant’s proposal and documentation for HAPRACT under R18-2-1706;

Department of Environmental Quality – Air Pollution Control

2.        The applicant’s proposal and documentation for AZMACT under R18-2-1707; or

3.        A risk management analysis submitted under R18-2- 1708.

G.      Any applicant for a permit or permit revision under this Article may request accelerated permit processing under R18-2- 326(I).

Historical Note

New Section made by final rulemaking at 12 A.A.R.

1953, effective January 1, 2007 (Supp. 06-2).