UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Rulemaking

for the

Arizona State Implementation Plan

Arizona Statutes:

9-500.27 Off-Road Vehicle Ordinance; Applicability; Violation; Classification

49-457.03 Off-Road Vehicles; Pollution Advisory Days; Applicability; Penalties

49-457.04 Off-Highway Vehicle and All-Terrain Vehicle Dealers; Informational 

Material; Outreach; Applicability

Prepared by: Robert Marinaro

August 6, 2013
−2−

RULE IDENTIFICATION

Agency: State of Arizona for Maricopa County

Submitted Rule: 

Arizona Revised Statute (ARS) 9-500.27 Off-Road 

Vehicle Ordinance; Applicability; Violation; 

Classification. [Subsections A, B, and C only]

Adopted: July 2, 2007

Submitted: May 25, 2012

Revised Submittal: May 21, 2013

ARS 49-457.03 Off-Road Vehicles; Pollution Advisory 

Days; Applicability; Penalties.

[Subsections A and B only]

Adopted: July 2, 2007

Submitted: May 25, 2012

Revised Submittal: May 21, 2013

ARS 49-457.04 Off-Highway Vehicle and All-Terrain 

Vehicle Dealers; Informational Material; Outreach; 

Applicability.

Adopted: July 2, 2007

Submitted: May 25, 2012

Revised Submittal: May 21, 2013

Previous Submittal: 

Arizona Revised Statute (ARS) 9-500.27 Off-Road 

Vehicle Ordinance; Applicability; Violation; 

Classification.

Adopted: July 2, 2007

Submitted: December 21, 2007

Withdrawn: January 25, 2011

ARS 49-457.03 Off-Road Vehicles; Pollution Advisory 

Days; Applicability; Penalties.

Adopted: July 2, 2007

Submitted: December 21, 2007

Withdrawn: January 25, 2011

ARS 49-457.04 Off-Highway Vehicle and All-Terrain 

Vehicle Dealers; Informational Material; Outreach; 

Applicability.

Adopted: July 2, 2007

Submitted: December 21, 2007

Withdrawn: January 25, 2011

BACKGROUND

Maricopa County is classified as a serious nonattainment area for inhalable coarse 

particulate matter (PM10). As required by section 189 of the Clean Air Act (CAA), 

Arizona submitted a PM10 plan that included the most stringent measures (MSM) and an 

extension request for attainment no later than December 31, 2006. On January 14, 2002, 

EPA announced the approval of the serious area plan, including the Agricultural Best 

Management Practices (AgBMP) Program as meeting both Best Available Control 

Measures (BACM) and MSM requirements, and also granted a five year extension of the 

attainment date for both the 24-hour and annual PM-10 standards from December 31, 

2001 to December 31, 2006. Both decisions were published in the Federal Register on 

July 25, 2002 (67 FR 48718).

The area did not attain by December 2006, however, triggering the requirement under 

Section 189(d) of the CAA that a SIP revision providing for annual reductions of PM10 or 
−3−

PM10 precursors of not less than 5% of the most recent emissions inventory, until the 

standard is attained, be submitted to EPA by December 31, 2007.

The Maricopa Association of Governments (MAG) prepared the 2007 Five Percent Plan 

for PM10 which was approved by the Arizona Department of Environmental Quality 

(ADEQ) and submitted to the EPA on December 21, 2007. The SIP contained rule 

revisions in Maricopa County and Pinal County to further reduce PM-10 emissions.

Arizona Senate Bill 1552 (2007) addressed the authority to revise rules while adding 

requirements for both Maricopa County and one township in Pinal County. Cities and 

towns in the nonattainment area committed to develop and enforce local ordinances to 

address PM10 emissions from vacant lots, unpaved roads and shoulders, off-highway 

vehicles, and leaf blowers. EPA proposed a limited approval and limited disapproval of 

the Five Percent Plan on September 9, 2010 (75 FR 54806) resulting in ADEQ 

withdrawing the plan.

After ADEQ withdrew the plan on January 25, 2011, EPA issued a Finding of Failure to 

Submit the Five Percent Plan on February 14, 2011 (76 FR 8300), triggering an 18-month 

sanctions clock and a two-year Federal Implementation Plan clock. Arizona submitted a 

replacement plan, MAG 2012 Five Percent Plan for PM10, on May 25, 2012. EPA found 

that submission complete on July 20, 2012. The statute subsections that are the subject of 

this technical support document (TSD) were included in the submittal. On May 21, 2013 

ADEQ identified several statute subsections included in the May 25, 2012 submittal for 

which Arizona no longer requested EPA SIP approval.

Included in the docket for this action (EPA-R09-OAR-2013-0576) is a document that 

identifies the rules which are the subject of EPA’s Federal Register notice, including the 

rules that are the subject of this technical support document (TSD). Two other TSDs that 

can be found in the docket discuss rules that are also included in the Federal Register 

notice for this action. 

Also in the docket for this action is an annotated document that contains the statutes 

submitted by ADEQ on May 25, 2012, showing which of the statute and statute 

subsections are:

(1) the subject of today’s Federal Register notice (these statute subsections are not 

annotated); 

(2) included in EPA’s April 19, 2013 proposal (78 FR 23527);

(3) the statute subsections withdrawn by ADEQ on May 21, 2013; and

(4) the remaining statutes submitted by ADEQ on May 25, 2012 that EPA has not yet 

acted upon.

RULE SUMMARY

The following three related rules (statutes) pertain to the use of off-road (including offhighway) vehicles and are designed to limit PM10 emissions from anthropogenic fugitive 
−4−

dust sources in Maricopa County, Arizona. The reduction of emissions from these rules

will contribute to the goal of progressing towards attainment of federal and state standards 

and to protect public health and welfare.

9-500.27 (Off-Road Vehicle Ordinance; Applicability; Violation; Classification) A 

city or town shall adopt, implement, and enforce an ordinance that prohibits the 

operation of any vehicle, including an off-highway vehicle, an all-terrain vehicle, or an 

off-road recreational motor vehicle, on unpaved surfaces that are not public or private 

roads, streets, or lawful easements that are closed by the landowner. 

49-457.03 (Off-Road Vehicles; Pollution Advisory Days; Applicability; Penalties) 

A person shall not operate any vehicle, including an off-highway vehicle, an all-terrain 

vehicle, or an off-road recreational motor vehicle, on an unpaved surface that is not a 

public or private road, street, or lawful easement, during any high pollution advisory 

day forecast for particulate matter. Additionally, this rule exempts a handful of 

specific events.

49-457.04 (Off-Highway Vehicle and All-Terrain Vehicle Dealers; Informational 

Material; Outreach; Applicability) Requires any person who rents or sells off-road 

vehicles to distribute government-furnished informational dust control literature to the 

buyer or renter of these vehicles. These printed materials shall be designed to educate 

and inform the user of the vehicle on methods for reducing the generation of dust and 

shall include information regarding dust control ordinances and applicable restrictions. 

Furthermore this rule shall apply only in a county with a population of two million or 

more persons or any portion of a county in an area designated by the EPA as a serious 

PM10 nonattainment area or a maintenance area that was designated as a serious PM10

nonattainment area. 

EPA REVIEW CRITERIA

EPA considered the criteria described and set forth in the following sections of the CAA 

and guidance documents to evaluate these rules: 

1. Enforceability

Section 110(a) of the Clean Air Act requires enforceable SIP requirements. Several 

EPA guidance documents are used to evaluate rule enforceability, including the 

“Bluebook” (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Clarification to Appendix D), November 24, 1978, 52 FR 45044), and “the Little 

Bluebook” (Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies), EPA Region 9, August 21, 2001. 

2. Rule Relaxation

EPA must evaluate whether this SIP revision would interfere with any applicable 

requirement concerning attainment and reasonable further progress (RFP) or any 
−5−

requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any SIPapproved control requirement in effect before November 15, 1990 (CAA 193).

RULE EVALUATION

Enforceability - - We believe these statutes are consistent with the relevant policy and 

guidance regarding enforceability. Requirements are clear and compliance 

determinations are straightforward given the nature of the statutes.

Rule Relaxation - - We have evaluated this SIP revision to determine whether it

would interfere with any applicable requirement concerning attainment and reasonable 

further progress (RFP) or any other applicable requirement of the Act (CAA §110(l)) 

or modify, in a nonattainment area, any SIP-approved control requirement in effect 

before November 19, 1990 (CAA §193). Statutes 9-500-27, 49-457.03, and 49-457.04 

reduce emissions and strengthen the SIP because there are no previous versions of 

these statutes in the SIP. Furthermore, they do not undermine other existing SIP 

provisions. Therefore, we propose to determine that an approval of this submittal 

would comply with CAA sections 110(l) and 193 because (1) the proposed SIP 

revision would not interfere with the on-going process for ensuring that requirements 

for the RFP and attainment of the National Ambient Air Quality Standards are met, 

and (2) the submitted SIP revision is more stringent than the existing SIP 

requirements. 

RULE DEFICIENCES

We have identified no deficiencies with ARS Rules 9-500-27, 49-457.03, and 49-457.04 

sufficient for EPA to propose less than full approval.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

While we support ADEQ’s adoption and submittal of these statutes as progress in the 

State’s efforts to improve air quality, there are programs, plans, and strategies in other 

geographic areas incorporating more rigorous, objective, and structured requirements that 

should be evaluated for additional emission reductions in Arizona. While these do not 

interfere with our approval of the current ADEQ statutes, we list below several examples 

of recommendations from other fugitive dust rules that should be considered to further 

increase the effectiveness of ADEQ’s PM10 control efforts: 

SLO Rule 1001 - - Coastal Dunes Dust Control Requirements

• Requires an approved Temporary Baseline Monitoring Program

• Requires implementation of an approved Particulate Matter Reduction Plan

• Requires a description of all control measures that will be implemented to reduce 

PM-10 emissions

• Requires a Track-Out Prevention Program

• Sets a definitive emission threshold

• Requires a facilities permitting requirement
−6−

Clark County Section 90 - - Fugitive Dust from Open Areas and Vacant Lots

• Requires owners/operators of Open Areas and Vacant Lots to implement one or 

more control measures:

o Prevent trespassing, parking, & access by...

o Maintain a stable surface by...

• Establishes stabilization standards

• Requires a dust mitigation plan

• Establishes recordkeeping requirements

• Requires various test methods to be employed

Imperial County, Regulation VIII - - Rules 800-806

• Provides detailed definitions

• Provides a compliance schedule

• Requires control measures to determine compliance:

o 20% opacity limit

o Surface stabilization requirement

• Requires a Track-Out Prevention Program

• Establishes a trespass/access requirement

EPA ACTION

EPA believes that the statutory provisions associated with ARS Rules 9-500-27, 49-457.03, 

and 49-457.04 are consistent with the relevant policy and guidance regarding enforceability

and SIP relaxations. EPA staff recommends approving these statutes in accordance with 

section 110(k)(3) of the Clean Air Act.

REFERENCES: 

Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, (a.k.a., 

Bluebook) EPA OAQPS, May 25, 1988: 

(http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf).

Guidance Document for Correcting Common VOC & Other Rule Deficiencies, (a.k.a., 

Little Bluebook), EPA Region 9, August 21, 2001: 

(http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).

State Implementation Plans; General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990, 57 FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

State Implementation Plans for Serious PM-10 Nonattainment Areas, and Attainment Date 

Waivers for PM-10 Nonattainment Areas Generally; Addendum to the General 

Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 

59 FR 41998 (August 16, 1994).
−7−

PM-10 Guideline Document, EPA 452/R-93-008, April 1993.

Fugitive Dust Background Document and Technical Information Document for Best 

Available Control Measures, (September 1992).