The Arizona Department of Environmental Quality (ADEQ) published a Notice of Proposed Rulemaking (NPRM) on September 9, 2016 to address the deficiencies identified by the U.S. Environmental Protection Agency (EPA) in November 2015 as part of their limited approval/limited disapproval of the changes proposed to the Arizona air quality construction permitting, or New Source Review (NSR), program.  Some of the primary changes addressed by the NPRM are as follows:

  • Change the Arizona definitions of the PM2.5 and Ozone NAAQS to conform to the latest from EPA.
  • Add VOCs and ammonia to the list of precursors of PM2.5 in PM2.5 nonattainment areas (i.e., Nogales and the West Central Pinal area).
  • Clarify the definition of the term "regulated NSR pollutant" under the various Arizona permitting programs.
  • Remove the ability to use minor permit revisions if the source is subject to the Minor NSR program.
  • Require enforceable emission limitations and standards in registrations.
  • Remove the requirement that emissions credits deposited with the ADEQ be reduced by 10 percent.
  • Repeal of Appendix 1 of the rules which contains the standard permit application form and filing instructions (which allows ADEQ to periodically update and revise the permit forms without the burden of rulemaking).
  • Clarify the timeframes for deviation reporting requirements.
  • Allow sources to request extensions for performance testing when events occur that are beyond a source's control.