Janice K. Brewer 

Governor 

ARIZONA DEPARTMENT 

OF 

ENVIRONMENTAL QUALITY 

11 10 West Washington Street Phoenix, Arizona 85007 

Patrick J. Cunningham 

Acting Director 

February 23,2009 

Ms. Deborah Jordan 

Director, Air Division 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

Mail Code: AIR-1 

San Francisco, CA 94 105 

Re: Submittal of the Supplemental Information to Section 189(d) 5% Reasonable Further Progress PMlo 

SIP Revisions for the Maricopa County and Apache Junction (Metropolitan Phoenix) Nonattainment Area 

Dear Ms. Jordan: 

In December 2007, the Arizona Department of Environmental Quality (ADEQ) submitted to the U.S. 

Environmental Protection Agency (EPA), the 5% Plan for PMlo for the Maricopa County Nonattainment 

Area [December] 2007, and Pinal County Resolution Nos. 121207-AQ1 and 121207AQ2 as revisions to 

the Arizona State Implementation Plan (SIP) to meet the December 3 1,2007, submittal deadline. 

ADEQ continues to work with the MAG Air Quality Planning Team to implement and track 

implementation of the measures in the plan, in accordance with the 1992 Memorandum of Agreement that 

designated MAG as the lead planning organization for Maricopa County. SB 1552 (Laws 2007) required 

cities and towns and Maricopa County and Pinal County to adopt ordinances to ensure enforceability of 

several new dust control measures. The following ordinances and adopting resolutions are provided as 

supplemental information: I r 7 

1. Ordinance No. 121207-AQ1 ;<-?+ iy - - 

2. Ordinance No. 05 1408-AQ - 

3. Resolution No. 091008-AQ3 - 

a. 54-4-1 00 - 120 

Northern Regional Office Southern Regional Office 

801 W. Route 66 Suite 11 7 Flagstaff, AZ 86001 400 West Congress Street Suite 433 Tucson, AZ 85701 

(928) 779-03 13 (520) 628-6733 

Printed on recycled paper 
Deborah Jordan 

Page 2 of 2 

If you have any questions, please do not hesitate to contact me at (602) 771-2308. 

Sincerely, 

Nancy C. ~rjna, Director 

Air Quality Division 

Enclosures: Ordinances 

Cc: Colleen McKaughan, EPA 

Dennis Smith, with enclosures, MAG 

Don Gabrielson, wlo enclosures, Pinal County Air Quality Control District 

Lawrence Odle, wlo enclosures, Maricopa County Air Quality Department 
When recorded return to: 

w 

Clerk of the Board 

Pinal County 

P.O. Box 827 

Florence, Arizona 85232 

I @ Q""%% OFFlC W RECORDS OF 

FINAL COUNTYRECOFDER 

j LAURA DEAN-LYLE 

; %...& 

i 

DATE/TIME: 09/16/08 1106 

FEE : $0.00 

PAGES: 11 

FEE NUMBER: 2008-087992 

PINAL COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 091008-A03 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF PINAL COUNTY, 

ADOPTING CERTAIN REVISIONS/ADDITIONS TO THE PIN& COUNTY AIR, 

QUALITY CONTROL DISTRICT RULES. 

WHEREAS, the Pinal County Board of Supe~son ("Board") is empowered 

under A.RS. 549-479 to adopt rules for the purpose of controlling the release of air 

contaminants throughout the County, including Tomhip 1 North, Range 8 East, 

WHEREAS, 40 CFR 581.303 identiiies that portion of Pinal County designated 

as Township 1 North, Range 8 East, and commonly known as Apache Junction, as a 

portion of the Phoenix Planning Area Serious PM~oNonattainment Area; 

WHEREAS, at 72 Fed. Reg. 13723 (March 23, 2007) the EPA found that the 

Phoenix Planning Area, including Township 1 North, Range 8 East, has failed to attain 

the PMIO standard, and that finding triggered an obligation to submit by December 31, 

2007 a "5% SIP" pursuant to Clean Air Act 5 189(d); 

WHEREAS, the 2007 Arizona Legislature adopted Laws 2007, Chapter 292, 

commonly known as Senate Bill 1552, and that Bill mandated adoption of revised 

county rules more stringently regulating dust-proofing or stabilization for certainparking, ingress and egress areas; The mandates also require adoption of a process to 

require stabilization of disturbed surfaces at vacant lots. AU of these mandates are for 

that portion of Pinal County lying within the Phoenix Planning Area PMlO 

nonattainment area. The mandates also require restrictions on vehicle parking and use 

on unpaved or unstabkd lots in the Pinal-portion of Area A as defined in A.RS. 549- 

541; 

WHEREAS, A.RS. H9-471.01, et seq., establish the procedural requisites for 

the Board's adoption of air quality rules or ordinances, and those requisites have been 

met; 

THEREFORE, FOR THE PURPOSE OF PROTECTING AND PRESERVING 

THE QUALITY OF AIR WITHIN THE COUNTY IN A SENSIBLE AND 

ORDERLY MANNER, IT IS HEREBY RESOLVED BY THE BOARD TO: 

1. Adopt the following revisions, additions and deletions to Pinal County Air 

Quality District Code; 
Chapter 4. - Emissions from Existing and New Non-Point Sources 

Article 4 - Nonattainment Area Rules; Dustproofing for Commercial Parking, Drives and Yards 

§44100. Dustproofing for Commercial Parking, Drives and Yards; Applicability 

A. Geographic Applicability. 

The "affected area" under this rule includes the Pinal-County-portion of the Phoenix 

Planning Area Serious PMlo nonattainment Area, identified as Township 1 North, 

Range 8 East, Gila & Salt River Base and Meridian. 

B. Affected Parcels; Commercial Property. 

Property subject to this rule: 

1. Includes any parcel, contiguous parcels, or any proximate combination of 

parcels actually used for commercial purposes, including retail, office, 

meeting, governmental, industrial, service-business or commercial storage 

purposes; 

2. Includes any single deeded or platted parcel having built thereon a 

residential building or buildings with five or more residential units; 

3. Includes any common parking area at an otherwise affected parcel; and 

4. Excludes any right-of-way legally established and actually maintained for 

travel by the public or to provide vehicular access to public utilities. 

5. Excludes earthmoving activity at a site, or that portion of a site, covered by 

mitigation requirements under dust registration issued by the Pinal County 

Control Officer. 

C. Affected surfaces at a commercial property. 

1. Affected surfaces include any areas utilized on a regular basis for parking, 

maneuvering or ingress and egress of on- or off-road vehicles. Access lanes 

and working surfaces for vehicles shall qualify as affected surfaces. 

2. Undisturbed surfaces are not affected surfaces, but only if those undisturbed 

surfaces are fenced or otherwise clearly distinguished hm affected 

surfaces. Delineated long-term storage stalls, where a vehicle, trailer or 

other item is stored and not normally removed and replaced more than once 

in a sixty-day period shall also be considered undisturbed surfaces. 
84-4-110. Control Requirement 

A. On and after the effective date, the owner andlor operator of any commercial 

property shall install and maintain permanent dustproof surfacing for all affected 

surfaces. For purposes of this rule, "owner or operator" means any person who 

owns, leases, operates, controls, or supervises an affected area. 

B. For purposes of this rule, permanent dustproofing shall consist of one of the 

following, implemented in a manner that meets the maintenance standard of this 

rule: 

1. Paving with asphaltic concrete; 

2. Paving with Portland cement based concrete; 

3. Surfacing with a penetrating asphalt and a gravel surface, commonly known 

as chip sealing; 

4. Surfacing with and uniformly maintaining a two-inch deep layer of nck 

having a nominal size of 114" or larger; 

5. Surficing with a two-inch deep layer of recycled asphalt; or 

6. Surfacing with any other dace treatment that has been approved in wriing 

by the Pinal County Control Officer. 

Permanent dustproofing shall be maintained in a manner that prevents visible trackout. 

§4-4-120. Deferred enforcement date 

The Control Officer shall commence enforcement of the requirements of this 

Article no sooner than October 1,2008. 

Article 5 - Nonattainment Area Rules; Stabilization for Residential Parking and 

Drives 

$45-150. Stabilization for Residential Parking and Drives; Applicability 

A. Geographic Applicability. 

The "affected area" under this rule includes the Pinal-County-portion of the Phoznix 

Planning Area Serious PMlo nonattainment Area, identified as Township 1 North, 

Range 8 East, Gila & Salt River Base and Meridian. 

B. Affected ParceIs; Residential Property. 

Property subject to this rule: 
1. Includes any single deeded or platted parcel having built thereon a 

residential building or buildings with four or fewer residential units; 

2. Excludes any publicly owned right-of-way legally established and acMy 

maintained for travel by the public; 

3. Excludes any right-of-way legally established to provide vehicular access to 

public utilities; and 

4. Excludes earthmoving activity at a site, or that portion of a site, covered by 

mitigation requirements under dust registration issued by the Pinal County 

Control Officer. 

C. Affected Surfaces at a Residential Property. 

1. Affected surfaces include any areas in excess of 3,000 square feet utilized 

on a regular basis for parking, maneuvering or ingress and egress of on- or 

off-road vehicles. 

2. Undisturbed surfaces are not affected surfaces, but only if those undisturbed 

surfaces are fenced or otherwise clearly distinguished from affected 

surfaces. Delineated long-term storage stalls, where a vehicle, trailer or 

other item is stored and not normally removed and replaced more than once 

in a sixty-day period shall also be considered undisturbed surfaces. 

84-5-160. Control Requirement 

A. On and after the effective date, the owner andlor operator of any residertial 

property shall install and maintain paving or a stabilization method for all affected 

surfaces. For purposes of this rule, "owner or operatorn means any person who 

owns, leases, operates, controls, or supervises an a5ected area. 

B. For purposes of this rule, a stabilktion method shall consist of one of the 

following, implemented in a manner that meets the maintenance standard of this 

rule: 

1. Paving with asphaltic concrete; 

2. Paving with Portland cement based concrete; 

3. Surfacing with a penetrating asphalt and a gravel surface, commonly known 

as chip sealing; 

4. Surfacing with and uniformly maintaining a two-inch deep layer of rock 

having a nominal size of 114" or larger; 

5. Surfacing with a two-inch deep layer of recycled asphalt; 

6. Watering with sdiicient frequency so as to maintain a crust on the surface; 
7. Surfacing with any other surface treatment that has been approved in writing 

by the Pinal County Control Officer; or 

8. Initially, and at such other times as may be requested by the Control Officer, 

demonstrating to the satisfaction of the Pinal County Control OBicer on a 

form as requited by the Control Officer, that the average threshold friction 

velocity of the native soil dace, corrected for non-erodible elements, is at 

least 100 cm/second. Threshold friction velocity shall be assessed in accord 

with 54-9-300. 

C. Maintenance 

Surface stabilization shall be maintained in a manner that prevents visible track-out 

in excess of ten feet in length. 

84-5-170. Deferred enforcement date 

The Control Officer shall commence enforcement of the requirements of this 

Article no sooner than October 1,2009, 

Article 6 - Restrictions on Vehicle Parking and Use on Vacant Lots 

&f-6-200. Unpaved and Unstabilized Vacant Lots; Restriction on Vehicle Parking 

and Use; Applicability 

A. Geographic Applicability. 

1. The "affected area" under this rule includes the PMlo-non-attainment-area 

portion of the Pinal-County-portion of Area A as defined at A.RS. 549-541, 

including: 

Tomhip 1 north, range 8 east 

The "affected area" under this rule also includes the I'Mlo-attainment-area 

portion of the Pinal-County-portion of Area A as defined at A.R.S. 549-54 1, 

including: 

Township 1 north, range 8 east 

Township 1 north, range 9 east 

Township 1 south, range 8 east 

Township 1 south, range 9 east 

Township 2 south, range 8 east 

Township 2 south, range 9 east 

Township 3 south, range 7 east 

Township 3 south, range 8 east 

Township 3 south, range 9 east 

B. Affected Parcels; Vacant Lots. 

Property subject to this rule includes any unpaved or unstabilized vacant lot. For 

purposes of this rule, a vacant lot constitutes a parcel that is not occupied by a structure 

properly permitted under the prevailing building code. For purposes of tbis rule, a 
stabilized surface constitutes a surface that does not produce visible trackout when a 

vehicle leaves the lot, and shall consist of one of the following: 

1. Paving with asphaltic concrete; 

2 Paving with Portland cement based concrete; 

3. Sutfacing with a penetrating asphalt and a gravel surface, commonly known 

as chip sealing; 

4. Surfacing with and uniformly maintaining a two-inch deep layer of rock 

having a nominal size of 114" or larger; 

5. Surfacing with a two-inch deep layer of recycled asphalt; 

6. Watering with sufficient frequency so as to maintain a crust on the surl$ce; 

7. Surfacing with any other surface treatment that has been approved by the 

Pinal County Control Officer; or 

8. Initially, and at such other times as may be requested by the Control Officer, 

demonstrating to the satisfaction of the Pinal County Control Officer on a 

form as required by the Control Officer and pursuant to a test method 

approved by the Control Officer, that the average threshold fiction velocity 

of the native soil surface, corrected for non-erodible elements, is at least 100 

cmlsecond. Threshold fiction velocity shall be assessed in accord with 94- 

9-300. 

w6-210. Control Requirement 

1. A property owner or operator shall ~estrict vehicle parking and use on an 

unstabilized vacant lot. For purposes of this rule, "owner or operator" 

means any person who owns, leases, operates, controls, or supervises an 

affected area. 

2. No person shall park any motor vehicle on any vacant unstabilized lot 

without the permission of the owner or operator. The vehicle operator and 

all persons in whose names the vehicle is registered shall be jointly and 

severally prima facie responsible for any violation of this prohibition 

3. The requirements under this rule shall not apply to an owner, operator, or 

anyone using or parking a vehicle with the permission of the owner or 

operator. Under this subsection, a lessee or an anent of the owner is an 

overator. Permission under this subpammaph includes access privileges 

expresslv granted bv statute. rule. ordinance or regulation of a federal or 

state agency or political subdivision, as well as access privileges mted as 

an attribute of any license issued by anv such governmental body. 

Article 7 - Reserved 
Article 8 - Nonattainment Area Rules; Requirement for Stabilization of Disturbed 

Areas at Vacant Lots 

§4-8-260. StabiIization of Disturbed Areas at Vacant Lots; Applicability 

A. Geographic Applicability. 

The "affected area" under this rule includes the Pinal-Counly-portion of the Phoenix 

Planning Area Serious PMlo nonattainment Area, identified as Township 1 North, 

Range 8 East, Gila & Salt River Base and Meridian. 

B. Affected Parcels; Vacant Lots. 

1. For purposes of this rule, "vacant lot" means a parcel of land on which there 

are no approved or permitted permanent or temporary buildings or 

structures. 

2. For purposes of this rule, where an owner holds a non-vacant lot, "vacant 

lot" does not include a contiguous parcel or parcels adjoining that wnvacant lot, but the exemption applies only if the parcels are subject to 

common legal or equitable ownership and the parcels are used in fact as a 

single lot 

3. For purposes of this rule, a "vacant lot" does not include the site of a 

disturbed surface area that is subject to control of dust generating operations 

pursuant to a dust registration issued by the Control Officer pursuant to 

Chapter 4, Article 3 of these rules. 

4. For purposes of this rule, a "vacant lot" does not include the site of a 

disturbed surface area that is nibject to an industrial permit issued by the 

Control Officer pursuant to Chapter 3 of these rules. 

C. Affected Areas Within Vacant Lots; Disturbed Surfaces 

1. For purposes of this rule, "disturbed surfacen means a portion of the earth's 

sdce or material placed on the earth's surface that has been physically 

moved, uncovered, destabilized or otherwise modified fiom its undisturbed 

native condition if the potential for the emission of fugitive dust is 

meaningfully increased by the movement, destabilization or modification. 

2. For purposes of this rule, "disturbed surface" does not include: 

s. Any area that is subject tc a contro! of dust generating operations 

pursuant to dust registration issued by the Control Officer pursuant 

to Chapter 4, Article 3 of these rules. 

b. Any area that is disturbed as a result of normal farm cultural 

practice. 
c. Any area while the activity causing the disturbance is still 

proceeding. 

54-8-270. Stabilization Notice; Right of Entry; Recoupment of Costs; Right to 

Appeal 

A. Lf the Control Officer finds that an unpaved disturbed surface at a vacant lot subject 

to this Article requires stabilization, the Control Officer may provide a written 

notice to the owner or the owner's agent that the unpaved disturbed surface is 

required to be stabilized. 

B. The notice shall: 

1. Be given not less than thirty days before the date set for compliance; 

2. Recite the factual basis for the notice; 

3. Include a legal description of the property; 

4. Inform the owner that if he does not stabilize the lot prior to the compliance 

date, the county will have authority to enter the lot to stabilize the disturbed 

surface at the expense of the owner, 

5. Include the proposed method of stabilization and the estimated cost to the 

county for the stabilization ifthe owner does not comply; 

6. Inform the owner that the notice constitutes aq. appealable agency action, 

and that the owner has a right of administrative appeal pursuant to A.RS. 

549-471.15. 

C. The notice shall be either personally served or mailed by certified mail to the 

owner's statutory agent, to the owner at the owner's last known address or to the 

address to which the tax bill for the property was last mailed. For purposes of 

establishing a compliance date and triggering an appeal period, mailed notice shall 

be effective upon mailing. 

D. If the owner fails to either stabiie the distubed area or.ameal the notice, the 

County shall have authority to enter the lot, effect stabilization, and recover the 

costs up to the amount of thk estimate provided to the owner. 

84-8-280. Deferred enforcement date 

The Control Officer shall commence enforcement of the requirements of this 

Article no sooner than October 1,2008. 
Article 9 - Test Methods 

84-9-300. Test Method; Threshold Friction Velocity 

A. Threshold fiiction velocity (TFV") constitutes a measure of surface. erodability. 

Assessment of W under this rule shall utilize a field-sieving procedure and a 

mathematical adjustment based on a quantitative assessment of non-erodible 

geologic elements that may be present. 

B. Step 1. Obtain and stack a set of sieves with the following openings: 

1. 4 millimeters (mm); Tyler Sieve No. 5; ASTM 11 Sieve No. 5. 

2. 2 mm; Tyler Sieve No. 9; ASTM 1 1 Sieve No. 10. 

3. 1 mm; Tyler Sieve No. 16; ASTM 1 1 Sieve No. 1 8. 

4. 0.5mm;TylerSieveN0.32;ASTMllSieveNo.35. 

5. 0.25 mm; Tyler Sieve No. 60; ASTM 1 1 Sieve No. 60. 

6. A collector pan. 

7. A cover. 

C. Step 2. Stack the sieves and pan in size-order, with the largest openings at the top 

and the pan at the bottom. Collect a sample of loose surf' material from an area 

at least 30 centimeters (cm) by 30 cm to a depth of approximately 1 cm using a 

brush and dustpan or other similar device. Only collect soil samples from dry 

&es (i.e. when the surface is not damp to the touch). Remove any rocks larger 

than 1 cm in diameter from the sample. Carefiilly pour the ample into the top sieve 

(4 mm opening), minimizing escape of particles from the sample. Cover the siwestack wth the lid. 

D. Step 3. Manually swing the sieve-stack in a broad, circular pattan in a horizontal 

plane. Move the sieve-stack at a speed just necessary to audibly veri@ some 

relative horizontal motion of the sample within the sieve-stack. Complete twenty 

circular sweeps, ten clockwise and ten counter-clockwise. Remove the lid and unstack the sieves in decreasing size-order. As each sieve is removed, examine the 

screen for loose particles. If loose particles have not been sifted to the finest sieve 

through which they can pass, reassemble the sieve-stack and cover and rotate the 

stack through an additional ten sweeps, five clockwise and five counter-clochise. 

After disassembling the sieve-stack, slightly tilt and gently tap each sieve and the 

collector pan so that the material collects along one side. In so doing, 

escape of particles into the air. 

E. Step 5. Line up the sieves and the pan and visually inspect the collected material to 

assess the relative volumes of material in each. If visual iDspection is not sufiicient 

to distinguish the relative volumes, pour the respective contents into a graduated 

cylinder to precisely measure the volume in each sieve and pan. 

F. Step 6. Identify the sieve or pan with the greatest volumemc catch, and dehe an 

initial W according to the following correlation: 4 mm sieve - 135 cdsec.; 2 

~llm sieve - 100 cdsec.; 1 mm sieve - 76 dsec.; 0.5 mm sieve - 58 cdsec.; 0.25 

mm sieve - 43 dsec.; collector pan - 30 cmlsec. 
G. Step 7. Qww an average TFV for the affected area Repeat steps 1 through 6 

for two other respresentative sites within the affected area, and arithmetically 

average the three TFV values to define an average initial TFV. 

H. Step 8. Adjust the TFV to correct for non-erodible elements. Non-erodible 

elements are distinct elements in the random portion of the overall conditions of fie 

affected area that are larger than 1 cm in diameter, remain My in place during a 

wind episode, and inhibit soil loss by consuming part of the shear stress of the wind 

Non-erodible elements include stones and bulk surface material but do not include 

flat or standing vegetation. 

I. Step 9. Select and mark off a 1 meter by 1 meter survey area that represents the 

general rock distribution on the surface. For these purposes, non-erodible, nonvegetative matter qaes as "rock." Without moving any of the surface material, 

visually assess the surface to determine whether rocks larger than 1 cm (318 inch) 

are present. Jf the rocks are of relatively consistent dimension, count the number of 

rocks in the survey area. If the size of the rocks differs substantially, deke small, 

medium and large size categories and count the number of rocks in each category. 

J. Step 10. Remove one or two representative rocks from each size category (if 

necessary), and measure the length and width of each. Calculate an area for each 

size category (if necessary) based on the measured length and width. 

K. Step 1 1. Calculate an aggregate area for each size category (if necessary), based on 

the number of rocks and measured representative individual rock-area. If multiple 

size categories were dehed, total the aggregate areas for the categories. Divide the 

calculated aggregate area by two, and then divide that product by the area of the 

original sample area to calculate a %-coverage; For example, within a 1-meter (100 

cm) square sample area, 250 rocks with a 1 cm x 1.5 cm lengthlwidth produces a 

coverage of 250 x 1 x 1.5 I2 l(100 x 100) = 1.88% coverage. 

L. Step 12. Quantify an average coverage for non-erodible -elements within the overall 

affected area. Repeat steps 8 through 11 for two other sites within the aEected arza, 

and arithmetically average the three coverage values to define an average nonerodible area coverage. 

M. Step 13. Based on the calculated average coverage by non-erodible elements, select 

a TFV correction factor according to the following correlation: non-erodible 

element coverage > 10% - correction factor = 5; non-erodible element coverage < 

10% but > 5% - correction factor = 3; non-erodible element coverage < 5% but > 

1% - correction factor = 2; non-erodible element coverage < 1% - correction factor = 1. 

N. Step 14. Using the initial average TFV value from Step 7, multiply by the TFV 

correction factor fiom Step 13 to caicuiate a representative TFV' fut the site. 
IN WITNESS WHEREOF, the undersigned, in accord with the vote of the Pinal 

County Board of Supervisors as duly reflected in the minutes of the Board 

meeting have xecuted this doc ent on behalf of the Board of Supervisors 

on this ' !&day of-zr ,2008, 

PINAL CO e State of Arizona, 

Boardyf Supdk& 

APPROVED AS TO FORM: 

James P. Walsh 

P& County Attorney A i 

By: 
When recorded return to: 

Clerk of the Board 

Pinal County 

P.O. Box 827 

Florence, Arizona 85232 

OFFICIAL RECORDS OF 

PlNAL COUNP( RECORDER 

LAURA DEAN-LMLE 

DATE/TIME: 01/08/00 1034 

FEE : $0.00 

PAGES : 4 

FEE NUMBER: 2008-001863 

PINAL COUNTY BOARD OF SUPERVISORS' RESOLUTION NO. -121207-AQ~ 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF PINAL COUNTY, 

COMMITTING TO TAKE CERTAIN ACTIONS WITH RESPECT TO CONTROLLING PMlO 

POLLUTION IN TOWNSHIP 1 NORTH, RANGE 8 EAST, GILA AND SALT RIVER BASE 

AND MERIDIAN. 

WHEREAS, the Pinal County Board of Supervisors ("Board") is empowered under 

A.R.S. 849-479 to adopt rules for the purpose of controlling the release of air contaminants 

throughout the County, including Township 1 North, Range 8 East; 

WHEREAS, within the respective unincorporated and incorporated portions of Township 

1 North, Range 8 East, the Board shares with the City of Apache Junction the obligation to 

manage the network of paved and unpaved roads; 

WHEREAS, 40 CFR $81.303 identifies that portion of Pinal County designated as 

Township 1 North, Range 8 East, and commonly known as Apache Junction, as a portion of the 

Phoenix Planning Area Serious PM,, Nonattainment Area; 

WHEREAS, consistent with the approved serious area plan for the Phoenix Planning 

Area Serious PM,, Nonattainment Area, 67 Fed. Reg. 48,718 (July 25, 2002), and the most 

recent inventory for Apache Junction, unpaved roads are a significant source in Apache Junction. 

WHEREAS, at 72 Fed. Reg. 13723 (March 23, 2007) the EPA found that the Phoenix 

Planiig Area, hchdhg Tn Lvbaship 1 N~rth, Page 8 Est, has fzilec! tn attain [he P-M:, 

standard, and that finding triggered an obligation to submit by December 31, 2007 a "5% SIP" 

pursuant to Clean Air Act §189(d); 
Mar 10 09 04:03p Colleen McKaughan 

TEEiWORE, for the purposes ok 

0 Comditiq lor pupses of the Phoealx Planning mrn serious 

nonalt' tareanS%SPbtbedefinitionandcnl~td~l 

meamm to &e reductions frum d@fhd PMM mnms in Towdp 1 

nortb, Range 8 east; 

*e Phd Coon@ Board d SuprrrIsors rrsolves to und4e and perform 4 of the 

roIlowing me4wrcs 

1. CO- #l - Sh ~mpavddirt rods qualify as r 

sig&ba source of PM, cmisiom, the Board commits m be feu- measure: 

Mcaarre Da: The Couniy aurafly mlinrainr madways in lppn ' rly 

nine square miles of the northam .rd cartan podom of Towuship 1 mrrh Range 

8 &. Wi the cxcepion of =vend busbws adjoining StaPc Route 88. Ibe 

emhe rre~ t almost achivdy residaid. BLM hods lie to the north, and 

NationalForestlirstotbeast. Modsection-Jinctoadsonrbcnorthmd~~ 

segmeoted and provide only ncigbborbood n. Almost d intend dmIinc 

rods arc d paved. Wi collector &c& have PlmaPt all been Mbilized 

with 'Prphalt rock dust pdliafive.' which cansbtt of r double &I@ d typically 

applied over n bailtup bast. For thc mmhhg unpaved mads m the area. the 

coumywill~and~traffickodson.uuristingdiaroadtoncitha~ 

dedicacd right-of-way or r cw-managed easancnt of rccwd. The County will 

pave or chip seal all u~rmty-owned roads tbPt have nn indicatnd traffic loadiag of 

more tban 150 vehicks per day. 
Ordinance No. 121207-AQ1 

PINAL COUNTY 

NO BURN ORDINANCE FOR AREA A 

1. Title. 

This Ordinance shall be known as the "Pinal County Area A No Bum Ordinance." 

2. Repeal 

Predecessor Ordinance No. 122000-AQC (December 20, 2000) is hereby repealed. 

3. Geographic Applicability 

This prohibitions under this ordinance apply to the "affected area," namely the PinalCounty-portion of Area A as defined at A.R.S. 549-54.1, which includes the following areas, 

defined relative to the Gila & Salt River Base and Meridian: 

Township 1 north, Range 8 east /- Township 1 north, Range 9 east , ' -- Township 1 south, Range 8 east 

Township 1 south, Range 9 east 

Township 2 south, Range 8 east 

Township 2 south, Range 9 east 

Township 3 south, Range 7 east 

Township 3 south, Range 8 east 

Township 3 south, Range 9 east 

4. Triggering and Duration of Prohibition 

The "no burn" restrictions and prohibitions under this ordinance shall arise by operation 

of law for any calendar day or days covered by a High Pollution Advisory declared by Arizona 

Department of Enviro~lental Quality for the Phoenix urban area for either carbon monoxide 

or particulate matter. 

5. Prohibition - Indoor Residential Wood Combustion 

a. Subject to the exceptions defined in subsection b. below, a "no bum" restriction 

shall arise in the affected area with respect to use of indoor residential wood stoves or fireplaces. 

, . b. The restriction under this subsection shall not apply to solid fuel combustion in 
llar 10 09 04:03p Colleen llcK8ugh.n 

any of the following: 

I. A rcsidaztial wood stove or fireplace that provider me sole or primary 

somce of heat or fOCl for -king for a residcum I 

2. A stove or firepbc that mc& perfoxm~~~ for new residential 

woodbeateEI~dcmoraftaJuly 1,1990orsddairerailonclcIftn~uly 1. 1992s~ 

prrscribea by 40 C.F.R. Put 60, Subpatt MA. 

3. A stove or fireplace that burns gasm fuels. I 

4. A st~ve aa fireplace thzt confmm to rules adopted by thc Bd of 

Supmkm fcrr bmning wood in approved Ippianm. 

I. A waming for the violation I 

2. The imposition of a civil penalty of QoLlan ($50.00) for the d 

. . violation. I. I 

-. 

3. The imposiucm of a civ2 penalty of one bandred dohs ($100.00) for a 

third violpion. 

4. The imposition of a civil paAty of two hundred and fifty dohs ($250.00) 

for a fornrh k any subsequent violation. 

d For Gohtio~16 of mis mbsxzdm of this ordinance, the mmtrol officer or his 

reprewntarive dull use a uni.fonn civil dcket and camplaint subseantially rimitP to a unifonncd 

tnf~% ti& and mmpkird prcsmii by thc xnks of procedure in civil traffic cases adoptal by 

the Suprcmc Court. Ibe Control Offacer or bis reprrseatative may issue ciiafiom to pessans in 

violation of this ordinance. 

a. Exibg open banr permits shall be s~~pcnded, a 'no bum" restriction wahtn 

the aff- arra shall be imposed with nsptd to open burning regdated by sn opm burning 

permit ksutd puma! to mt Pinal county Code of Rcgulatio~~. 

b. No pason affd by nu21 a 'no burn" rrstrictian sldl bc entitled to a refd 

of any monies paid for an apea burning permit that may be sqmdcd by virmc of imposition 

i, 
,- of such a "no bum" restriction. 

c. Violation of this subsection shall constitute both a civil and a criminal offense, 

and shall subject to the violator to civil or criminal prosecution as set forth in Arizona Revised 

Statutes Title 49, Chapter 3, Article 3 (A.R.S. 549-5 10, et seq). 

7. Prohibition - Limitations on Otherwise Exempt Outdoor Fires 

a. Notwithstanding any other exemptions under this ordinance, a "no burn" 

restriction shall also apply within the affected area with respect to any outdoor solid fuel 

combustion in chimneas, fire pits and similar outdoor fires. 

b. Violation of this subsection shall constitute a civil offense, and a person who 

violates the prohibition of this subsection may be served a notice of violation and be subject to 

the enforcement provisions of Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. 

549-510, et seq.), except that a violation that lasts no more than twenty-four hours and that is 

the first violation committed by that person is subject to a civil penalty of no more than five 

hundred dollars. 

a. "Control Officer" as used in this ordinance, means the director and executive head ,*- 

I I 

of the Pinal County Air Quality Control District responsible for performing duties and exercising 

- powers prescribed by law. 

b. "Fireplace" as used in this ordinance, means a built in place hearth and fire 

chamber or a factory-built appliance designed to bum solid fuel and which is intended for 

domestic use. 

c. "Inappropriate fuel" as used in this ordinance, includes but is not limited to 

leaves, grass clippings, green plants, refuse, rubbish, books, magazines, fiberboard, packaging, 

rags, fabrics, animal waste, animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, 

tar, asphaltic products, waste petroleum products, paints and solvents, chemically soaked wood, 

wood with a moisture content of greater than 30 percent (30 %), treated wood, plastic or plastic 

products, rubber or rubber products, office records, sensitive or classified wastes, or any 

substance which normally emits dense smoke or obnoxious odors. 

d. "Open outdoor fire" means combustion of any combustible material of any type 

outdoors, in the open where the products of combustion are not directed through a flue. "Flue" 

means any aucr or passage for air, gases or the iike, such as a stack or chimney. 

e. "Solid fuel" includes but is not limited to wood, coal, or other nongaseous or 

nonliquid fuels, including those fuels determined by the Pinal County Air Quality Control 

Director as "inappropriate fuel" to burn in residential woodburning devices. - 
Nar 10 03 O4:OSp Colleen RcKaughan 

- f. 'Woodarnve' muns a d-fuel burning bcatiag tpplianct including a peUd 

stove, which Q citbP fntstanding or designed to be insated into a fireplace. 

Actions that violate thia ordimme shall be naalum pmbibhm, md a lack of kmwlcdgc 

that a 'no burn' -on has b&n impad shall xxn conso'tute a defense. 

10. Effcrtnc Date 

In lccord with AR.S. w9-471.08@), this odhmce shall be effstive on tk d* of 

aagtioe 

INWI~~F.tbenndersi~inpccardwithtbtv~Oftbc~ carnary 

~ardof~~~ynflcdedinthe~oftbc~ meeting, have ereclrted this 

docMlcntonbebalfofthcEkdofSupavisorsonthis~~ day of^& 

,2007. 

By; 

Am. 

Clerk of the Board of Supembars 

APPROVED AS TO FORM: 
When recorded return to: 

Clerk of the Board 

Pinal County 

P.O. Box 827 

Florence, Arizona 85232 

DATE/TIME: 05/16/08 1134 

FEE : $0.00 

PAGES : 4 

FEE NOMBER: 2008-046717 

ORDINANCE NO. 051408-AQ1 

AN ORDINANCE APPLICABLE THROUGHOUT INCORPORATED AND 

WCORPORATED PORTIONS OF PINAL COUNTY LYING WITHIN AREA A 

AS DEFINED IN A.RS. 549-541, RESTRICTING THE USE OF LEAF BLOWERS. 

WHEREAS, the 2007 kna Legislature adopted Laws 2007, Chapter 292, 

commonly known as Senate Bill 1552, and Section 5 of that Bill mandated adoption of 

revised county ordinances more stringently regulating the use of leaf blowers in 

incorporated and unincorporated areas of Pinal County lying within Area A as defined 

in A.R.S. 949-541; 

WHEREAS, A.RS. 91 1-25 1.05 establishes the procedural requisites for the 

Board's adoption of ordinances, and, in. context, those requisites have been met; 
THEREFORE, for the purposes of 

1. Protecting and preserving the quality of air within Pinal County in a sensible and 

orderly manner; 

2. Committing for purposes of the Phoenix Planning Area PMlo serious 

nonattainment area "5% SIP" to the definition and enforcement of control measures to 

achieve reductions from PMIO sources in Township 1 north, Range 8 east; and 

3. Responding to the statutory mandates of Senate Bill 1552; 

BE IT ORDAINED by the Board of Supervisors of Pinal Coum, Arizona, as follows: 

(Remainder of page intentionally left blank.) 
Ordinance No. 051408-AQ1 

PIN& COUNTY LEAF BLOWER ORDINANCE FOR AREA A 

1. Title. 

Pursuant to the mandate of A.R.S. $1 1-877, this Ordinance shall be known as the 

"Pinal County Leaf Blower Ordinance for Area A." 

2. Applicability 

A. Geographic Applicability. Subject to any additional applicability limitations 

set forth below, the prohibitions under this ordinance apply to incorporated 

and unincorporated regions within the Pinal-County-portion of Area A as 

deiined at A.RS. $49-541 (2007). 

B. Exemption for Permitted Sources. This ordinance shall not apply to any 

site, persons and activities covered by a permit or registration issued by the 

Pinal County Control Officer pertaining to the control of fugitive dust from 

earth moving or other dust generating operations 

3. Prohibition on Blowing Material into Roadways. 

In the unincorporated portions of Pinal-County-portion of Area A, no person shall 

cause, suffer or allow the use of a leaf blower to blow material into public roadways at 

any time. 

4. Prohibition on Using Leaf Blowers on Un-stabilized Surfaces. 

No person shall cause, der or allow the operation of a leaf blower except on 

surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, 

penetration treatment of bituminous material and seal coat of bituminous binder and a 

mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, 

gravel cover, or grass or other continuous vegetative cover, or any combination of those 

stabilizers. 

5. Effective Date 

The Ordinance shall take effect thirty days after adoption by the Board of 

Supervisors. 

6. Enforcement 

- 7. 

A. v ioiaiion - Any person who violates a proXu?iuii -wider '~s Grdkzcce slid! 

be guilty of a violation of the Ordinance. 

B. Limitations on Defenses. Actions that violate this ordinance shall be malum 

prohiturn, and a lack of knowledge shall not constitute a defense. 

,..(,~!y~.l . I].: -. ., , tf~i~~ !l<;~:..~;-.~~~~. >S,j ,b$ j<v:-,<il~.!ij<:c 1.): ~!j~i-,~~.i,.)j c\j>p. 
C. Penalty for Violation - The punishment or imprisonment for a violation of 

this ordinance shall not exceed the maximum limitations for a class 1 

misdemeanor. 

7. Definitions 

A. "Control Officer" as used in this ordinance, means the director and executive 

head of the Pinal County Air Quality Control District responsible for 

performing duties and exercising powers prescribed by law. 

IN WITNESS WHEREOF, the undersigned, in accord with the vote of the Pinal 

County Board of Supervisors as duly reflected in the minutes of the Board 

meeting, hav executed this document on behalf of the Board of Supervisors 

onthis ~&dayof~fl~~ ,2008. 

PINAL COUNTY. a ~olitical subdivision of the State of Arizona, 

By: 

Cw the Board& Supervisors 

APPROVED AS TO FORM: 

James P. Walsh 

Pinal County Attorney 

M 

~epdy County Attorney 

L